NUJS Journals West Bengal National University of Juridical Sciences
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BARRIERS TO EDUCATION FOR STUDENTS WITH AUTISM SPECTRUM DISORDER
Get PDFIndividuals with Autism spectrum disorder (ASD) have difficulties in three core areas, viz.,difficulty in social and emotional interaction; difficulty in communication and language, bothverbal and non verbal; difficulties in imagination and flexibility of thought. Though the areas ofimpairment are the same yet the degree differs. When autistic individuals are admitted in aninclusive educational institution, the support they require should be different for each individualstudent. The Right of Children to Free and Compulsory Education Act, 2009, entitles all childrento have the right to education as a Fundamental Right. All children including those withdisability have the right to education. Regardless of their ability in an inclusive educationsetting, all children are enrolled in the mainstream classroom. Inclusive education can empowerlearners, combat discrimination, celebrate diversity, encourage and promote more inclusivesocieties. The Rights of Persons with Disabilities Act, 2016 states that all disabled childrenbetween the age group of 6 and 18 years shall have the right to free education’. So that impliesthat all classrooms must be equipped with the support needed for children with special needs.But inclusive education without the right kind of support causes barriers to education.Classrooms are social environments where individuals with ASD may find different degrees ofdifficulties in communicating, interacting or socialising. Inclusive education for individuals withautism spectrum disorder should begin with the first step of understanding this invisibledisability. Likewise, the support needed for the student to overcome the barrier to educationshould be specific to the needs of the individual. In this paper, few common types of difficultiesthat autistic individuals may face in educational institutions are listed. Some of the attitudinaland social support strategies required by students with ASD which may help in removing thesedifficulties or barriers in the education process are also discussed
RIGHT TO TIMELY DELIVERY OF PUBLIC SERVICES – A NECESSITY FOR PROMOTING CITIZEN-CENTRIC ADMINISTRATION IN 21ST CENTURY INDIA
Get PDFState provides numerous government services to the citizens in their respective jurisdiction through thevarious government departments. Prior to 2010 no government department were accountable to the citizensfor providing services within a time bound period. There were no law which could compel departmentofficials to provide services within a specified time, which led to corruption, inordinate delay in providingservices, discrimination among the powerful and weak citizens, thereby making government departmentsineffective and inefficient. To curb these problems government initiated several programme to provide timelyservices to the citizens but these initiatives were not successful completely. In 2011 the Central Governmenthad introduced the Right of Citizens for Time Bound Delivery of Goods and Services and Redressal oftheir Grievances Bill in Parliament. The bill conferred every individual citizen the right to time bounddelivery of goods and services, and redressal of grievances if there is any. Subsequently several StateGovernments have enacted similar legislations to provide to fulfil the citizenship rights of the commonpeople. A study of the Right to Public Services legislation in India indicates a legislative initiative topromote administrative efficiency and citizen centric administration. A set of common features have beenidentified in the various statutes which aims to guarantee time bound delivery of services for various publicservices rendered by the Government to citizen and provides a mechanism for punishing the errant publicservant who is deficient in providing the service stipulated under the statute. Right to Service legislation aremeant to reduce corruption among the government officials and to increase transparency and publicaccountability. The aim of the paper has been to trace the growth of Citizens Charters in India and tocompare and identify the common features of the various Service Delivery legislations in India
INSTITUTIONAL MENDICANCY: A CASE FOR EMPOWERING PRIs
Get PDFDecentralisation is a key aspect of democracy. According to the principle of subsidiarity, the most proximate government is generally capable of governing the people. After more than two decades of passing of 73rd and 74th Amendment Acts, a quite consistent implementation of the legal provisions can be seen throughout India. However, merely adhering to the legal provisions is no indication of the health of the local-level institutions. The paper examines the extent of powers accorded to the Panchayati Raj Institutions in terms of functional devolution, financial autonomy and their involvement in the planning process. The work is doctrinal in nature and employs a descriptive method to dissect concepts, facts and theoretical frameworks and subsequently to summarise findings
RIGHT TO INFORMATION VIS-À-VIS RIGHT TO PRIVACY IN THE CONTEXT OF RIGHT TO INFORMATION ACT, 2005
Get PDFIt is quite an interesting crossroad in the Indian legal scenario where two strands of approach securing two most cherished rights, though marked by constitutional reticence, yet vociferously claiming their legitimate position in the order of things and in the scheme of legalism, underpinned by robust moral and ethical undertones, creates the much-needed substratum for confrontation marked by belligerent interaction with a conspicuous claim of superiority and it is here where lies the rub. The rights that are being alluded to in the preceding texts are none other than the ‘right to know’ and the ‘right to privacy’ – standing at opposite poles, their demeanour typified by contradiction and antagonism somewhere and somehow demanding a trade off, a via media or for that matter a compromise in the interest of stability and order in the society. The Indian Constitution speaks explicitly neither of the right to know nor of the right to privacy. But the various landmark verdicts of the Apex Court have been quite quick to acknowledge the efficacy of the right to know and the right to privacy as rights forming part of a broader regime of equality and right to life and personal liberty contemplated under Article 14 and Article 21 of the Constitution of India, respectively, which are considered to be the kernel of democracy and central to good governance. In this paper, an attempt is has been made to underline the stand- alone significance of the private and public domains and then to draw a comparative analysis of the relative appeal of both the domains and the probable key to the apparently insoluble problem of irreconciliation and patent disagreement between right to know and right to privacy
Assessment of Nutritional Status among the Lodha Woman in village of Paschim Medinipur: An empirical statistical analysis
Get PDFTribes constitute about 10% of the total Indian population. They are found in most parts of the country and are generally economically deprived. Tribe is a social group speaking a distinctive language or dialect and possessing a distinctive culture, mainly living in hilly areas and forest areas. The Lodhas are treated as one of the denitrified communities by the Central Government and now treated as a Particularly Vulnerable Tribal Groups in West Bengal. In West Bengal, Lodhas are mainly concentrated in the districts of Paschim (West) Medinipur and Jhargram. In the pre-Independence period they were treated as a Criminal Tribe till the revocation of the Criminal Tribes Act in 1952. Nutrition is the science that deals with the digestion, absorption and metabolism of food, i.e. the utilization of food in the body. It may be defined as the science that interprets the relationship of foods to the functioning of living organism. It includes the intake of food, liberation of energy, elimination of wastes and all the processes of synthesis essential for maintenance, growth and reproduction. Anthropometric measurement helps in the assessment of nutritional status and physical growth. Health and nutrition, particularly in the tribal societies, is intimately connected with forest. It has been reported in various studies that the tribals who are living in remote areas have a better health status and more balanced food than those living in less remote and depleted forest areas. The purpose of this study was to evaluate the nutritional status of Lodha women. This study design was a questionnaire-based cross-sectional study. The study revealed that dietary intake of tribal women is poor than those of their adult male counterpart. The study conducted 71 Lodha woman in a remote village of Paschim Medinipur. According to Kuppur's swami Scale the socio-economic status is Upper Lower (IV) class. The prevalence of thinness among the study women was 1.41% severe thinness, 8.45% moderate thinness, 43.66% mild thinness. The study conclude that The Lodhas are more back warded tribal populations than other tribal group and they are also socio-economically back warded compared to other population groups. The average intake of all nutrients was lower than the ICMR standards. So, in connection with anthropometric variable of tribal women also found lower than the ICMR standards
Romantic relationships: the case of special courts under POCSO Act of 2012
Get PDFThe POCSO Act came as a respite for curbing the menace of child rape and childhood molestation by adults. However, the effectiveness is now questioned. The record of the State of West Bengal as an example establishes that the use of the Act is merely as a mode of expression of vengeance or threat for marriage, extortion of money among other ill intentions. At the same time, with change in the cultural pattern of the country early relationships are not uncommon. However, if the provisions of this Act are strictly implemented these innocent relationships will be penalizing. The paper seeks to understand whether there is a need to have an exception to the application of the Act in cases of childhood romantic relationships by trying to grasp whether increased rate of crimes is as a result of this strict application and whether this Act is really merely a tool for revenge by the parents. The paper is neither to justify any illicit or childhood relationships especially involving sexual intercourses nor to propagate the same, but is intended towards portraying the ground reality and the changes in the society that have emerged over the years.The gradual acceptance and subsequent amendment of the laws with its adequate interpretations to the suit the "best interests of the child" towards successful attainment of the objectives behind this legislation as enshrined in the Preamble of the Act and upheld in catena of judgements is the pivotal aim of this paper. Finally, the question whether incorporation of an age group for by children for consensual sexual relationship under a new category as has been proposed lately can bring about an overall success of the Act will form the edifice as well as the conclusion of this paper
EVALUATING THE IMPLICATIONS OF THE COMPREHENSIVE JURISDICTION UNDER THE HONG KONG NATIONAL SECURITY LAW 2020
Get PDFIn June 2020, People’s Republic of China (Hereinafter, PRC) implemented the National Security law (Hereinafter, NSL) for the Special Administrative Region of Hong Kong (Hereinafter, HKSAR). The NSL has gathered momentous notoriety over its ability to criminalize numerous activities owing to the broad ambit of the offences established under it. The NSL has significantly undermined Hong Kong’s Basic law and further clenched PRC’s hold over its justice system. This paper is a detailed analysis of the transitional upending of the independence wielded by HKSAR through the governance norms established under the PRC made legislation. To substantiate the argument, the paper briefly traces the history of Hong Kong’s surrender and the various attempts of the PRC at damaging its semi sovereign status. Furthermore, the paper details the effects and developments of the sweeping implications of the legislation on individuals and as well as businesses. The fifth segment of the paper attempts at appraising and rationalizing the responses and concerns countered by the legislation since its inception. Lastly, the paper concludes by surmising the intention of the PRC for enacting the said legislation and also asserts the need for India to reassess its position with regard to the law and its extensive implications
INDIA’S TRYST WITH PRE-LITIGATION MEDIATION: GLOBAL INSIGHTS AND DOMESTIC PERSPECTIVES
Get PDFWith the advent of methods of alternative dispute as a viable alternative to litigation, mediation has come to the forefront. With this in mind, India recently introduced the Draft Mediation Bill, 2021. This bill reiterates a concept known as pre-litigation mediation, which is already prevalent in Indian legislature through enactments such as the Commercial Courts Act. In this paper, the author presents an indepth analysis of the various aspects of pre- litigation. First, the paper looks at what pre-litigation mediation means and its different types. Second, the interaction between pre-litigation mediation and existing statutes like the Commercial Courts Act, Motor Vehicles Act, etc., is seen. Third, a global view of pre litigation mediation is considered, through which the paper explores how other countries have implemented the model. Last, problems of implementing the procedure and solutions for the same are divulged
Shielding the unregistered marks: a judicial analysis
Get PDFWith the advent and growth of economy, trade has been consistently on the rise & such rise has been increasing at a steady pace. To recognize a product as one's own, the traders tend to associate themselves with the name by which their product is commonly known to the masses and it is this name which is regarded as Trade Mark. The Trade Mark Act, 1999 along with the Trade Mark Rules, 2017 gives an array of rights related to Trade Mark. The principal legislation along with the rules aims at providing plenty of rights to the registered trade mark holder. Going by this notion, does this mean that those who do not have a registered Trade Mark are not subjected to any right or they are disentitled from getting any right? Simply put, the answer is no, it isn't so. Those who do not possess a registered trade mark can also stop the other person from using the identical or similar trade mark by invoking the Doctrine of Passing Off. This doctrine is based on the principle that no one has right to represent one's goods as the goods of other. To get the remedy of passing off the plaintiff has to proof that he is the owner of the mark, and the same has gained reputation and goodwill in the market and that the misrepresentation which has been done by the defendant due has caused the plaintiff to have suffered irreparable losses and damages. This article delves into the concept of passing off, the main elements that constitutes passing off, the evolution of law of passing and the role of judiciary to uphold the concept of passing off in the Indian Judicial system. Though, the person who has not registered the trade mark gets the rights but these rights are per se limited. In order to prove that an action of passing off holds ground, one has to show that reputation and goodwill are attached to the trademark that is in question. For an action of Passing off there as such is no criteria or definition that is expressly provided in any of the statutes. So it becomes a cumbersome job for the plaintiff to proof the same and even judiciary takes different approaches in different cases with regard to a passing off action
THE EVOLVING ROLE OF MINORITY SHAREHOLDERS IN CORPORATE DECISION MAKING: NAVIGATING THE TENSIONS BETWEEN UNSETTLING CONCERNS AND REASSURING OUTCOMES
Get PDFAll democratic decision-making and company governance in the business world is led by majority rule, which is generally accepted as just and rational. When making choices, majority norms typically ignore the preferences of minority stockholders. Since there aren’t that many individuals with real sway in the company’s leadership, most employees’ needs go unmet. In order to resolve the minority-majority conflict in corporate governance, the 2013 Companies Act addressed the concerns of minority stockholders and ensured that their voices would be heard in boardroom deliberations. In spite of the lack of a precise explanation in the Companies Act, 2013, minority shareholders can be recognized by referring to the stipulations stated in Section 235 (authority to obtain shares of dissenting shareholders) and Section 244 of the same Act. These provisions stipulate that minority shareholders are those who hold ten percent of the shares or a minimum of one hundred shareholders. This categorization remains applicable regardless of the overall number of participants in the company. For organizations that do not have share capital, the requirement is that at least one-third of the total number of participants must be considered minority shareholders. The primary aim of this research is to assess how the involvement of minority shareholders influences decision making within corporations, with the goal of improving its effectiveness. The study employs both analytical and experimental methods to investigate this topic. Furthermore, the paper conducts a thorough examination of the legal structure for corporate governance in India, specifically concentrating on the advancements made to safeguard and advocate for the rights of minority shareholders