NUJS Journals West Bengal National University of Juridical Sciences
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STOCKHOLM DECLARATION 1972: A CRITICAL ANALYSIS ON THE TRIBAL SUSTAINABILITY IN THE FACE OF TRANSBOUNDARY HARM
Get PDFThe exploitation of nature is at its height in the contemporary age, having a severe influence on their environment and other states. Whether the state in question shares a border with the state of origin or not, harm caused in the territory or other places under its power or control is referred to as “transboundary harm”. In order to prevent catastrophic effects of transboundary harms on the country’s geopolitics and the sustenance of its people who are directly dependent on environmental resources, such as the people belonging to the tribal community, numerous multilateral agreements and treaties have been signed among the nations. According to the Stockholm Declaration of 1972, it was decided that to address the persistent problems people confront due to transboundary damage, new laws and regulations needed to be evaluated. The current situation is demonstrated by the declaration of these tribes’ and communities’ sustenance and livelihood as being adversely impacted by environmental problems. Even in the modern world, when a sizable portion of the population is still tribal and thus largely dependent on natural resources. One has to pursue sustainable development to adapt traditional/customary practices to safeguard the natural habitat. The denotified groups is affected by the present global innovations in a variety of ways to combat with such issues, It is critical to offer the notion of a sustainable future that is green. The authors in the current research paper will attempt to relate the problem of extra territorial environmental damages with the people who are closest to nature and whose lives are solely dependent on the natural environment, the paper will also analyze the laws related to environment as per international conventions. The second part of the paper will discuss the cooperation of the world’s most advanced countries to come out as one, against the environmental injustice towards the people belonging to remote areas, in the concluding part authors will try to analyse the environmental discrepancy with the contemporary tribal communities ending up with a conclusion
ANALYSIS OF MAJORITY AGE UNDER MUSLIM LAW FOR MARRIAGE: A STUDY WITH REFERENCE TO POCSO ACT
Get PDFThe Personal Laws are familial laws that apply specifically to a group of individuals who shares a shared religious conviction. These personal laws are taken from religious texts. The problem of child marriage has been the subject of a great deal of controversy regarding these conventional and outmoded personal regulations. A Muslim is permitted to marry at the age of puberty, which is regarded as the age of majority. This research focuses on the concept of Khayar – Ul – Bulugh which is a right available to the minor once they reach the age of puberty, but it is subject to restrictions that prevent them from exercising it. The majority of the study is devoted to analysing an age-old practise, and the researcher reveals the defects that undermine the very purpose of having the right available. Main focus of this research is on age and puberty factors in Muslim marriage with reference to the POCSO act and the marriage prohibition act. The researcher has also made an effort to emphasise that just passing laws and enforcing them does not solve all problems. The law must be fairly applied to ensure that no action is taken against the person's will or under duress. This is because, although protecting many Muslim married women from the outdated idea of the choice of puberty, the Dissolution of Muslim Marriages Act, 1939, nevertheless does not offer a remedy for those women who choose to end their marriage against the wishes of their family members
BUDGET-2023-2024: AN ANALYSIS OF TAX PROPOSAL
Get PDFIndian National Budget is an annual financial report of the country. The Indian government generates revenue from taxes and fees which are then used to fund welfare programmes as well as the nation’s infrastructural needs, education, research, national defence and cultural grants. All these aspects are covered in the Annual Budget published by the Ministry of Finance. The Union Budget 2023 also known as the Amrit Kaal Budget 2023 aims to simplify direct tax administration and incorporate the rolling out of Next-generation Common IT Return Form, making it convenient for the taxpayers. It also focuses on strengthening the grievance redressal mechanism. New authorities in the ranks of Joint Commissioner (Appeals) have been introduced to expedite the disposal of certain appeals pending with the Commissioner (Appeals). Our honourable Finance Minister Smt. Nirmala Sitharaman stated, “These (direct taxes) proposals aim to maintain continuity and stability of taxation, further simplify and rationalise various provisions to reduce the compliance burden, promote the entrepreneurial spirit and provide tax relief to citizens.” Moreover, while talking about the indirect taxes, she said – “My indirect tax proposals aim to promote exports, boost domestic manufacturing, enhance domestic value addition, encourage green energy and mobility.
INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021- A REASSESSMENT OF THE CONTOURS AND LIMITS
Get PDFInformation and Communication Technology (ICT) is currently playing a very crucial role around the globe. The intermediary is one of the most essential stakeholders in the ICT environment. Different countries framed legislations on ICT that include provisions on liability and safe harbour protection of intermediaries. India implemented the Information Technology Act in 2000 as well which primarily deals with the legal framework concerning the liability and exemption of intermediaries from certain liability. This paper will emphasize the intermediary liability and exemption under the Indian statutes with special reference to the Information Technology Act, 2000, and the Copyright Act, 1957 on one hand and the other hand, the paper will critically analyze the current Information Technology (Intermediary Guidelines and Digital Ethics Codes) Rules, 2021(IT Rules, 2021) framed by the Central Government in regulating the intermediary including the social media platform. The author adopted a descriptive and analytical approach while conducting the study. IT Rules, 2021 has created a lot of debates. It has been found that some provisions of the recently framed IT Rule, 2021 violate Article 21 of the Indian Constitution.IT Rules, 2021 is a subordinate piece of legislation. It has been observed that some rules of the IT Rules, 2021 ultra-vires the parent Act i.e. The Information Technology Act, 2000
THE EU DIGITAL MARKETS ACT AND THE WTO NON- DISCRIMINATION POLICY: AN IMPEDIMENT FOR DEVELOPING NATIONS
Get PDFThis paper examines the compatibility of the European Union's (EU) Digital Markets Act (DMA) with the non-discrimination principles under World Trade Organization (WTO) law and explores the potential implications of similar legislation for developing countries, with a focus on India. The aim is to provide insights into the regulation of Big Tech companies in an increasingly competitive global landscape from the perspectives of competition and trade law. The DMA imposes specific obligations on platform service providers to regulate the behaviour of digital platforms and ensure fair competition within the EU digital market. However, concerns have been raised regarding its compatibility with WTO rules on non-discrimination. This paper analyses the discrepancies between the DMA and WTO principles and investigates allegations of protectionism towards European companies to determine whether such concerns are substantiated. Furthermore, this paper considers whether an ex-ante regulatory approach, as exemplified by the DMA, is suitable for countries like India and other developing nations. To do so, it examines the current anti-trust regulation mechanism in India that heavily relies on ex-post actions for Big Tech regulation and explores the precedents set forth by the Competition Commission of India. Additionally, the paper assesses the potential implications of implementing similar legislation in developing countries, particularly on their economies. By critically evaluating the DMA's compatibility with WTO non-discrimination principles and its applicability to developing countries, this paper contributes to the ongoing discourse on the regulation of Big Tech and its global impact. EU is known for their timely legislative proposals, often setting the pace for other nations, as evidenced by influential regulations such as the General Data Protection Regulation (GDPR), these legislations often have a global impact and influence how many countries draft their own laws. Hence, it becomes imperative to analyse them to see if they fit one’s own country’s needs
VICTIM JURISPRUDENCE AND VICTIM COMPENSATION SCHEME: SOCIO-LEGAL ANALYSIS
Get PDFThis study conducts a socio-legal analysis of victim jurisprudence and the implementation of victim compensation schemes. Delving into the theoretical foundations of victimology, it explores the evolving recognition of victims' rights within criminal justice systems. The examination extends to the practical application of these legal principles through victim compensation schemes, which play a pivotal role in addressing the comprehensive impact of crime on individuals and communities. The analysis scrutinizes the efficacy of existing compensation schemes, evaluating their responsiveness to diverse forms of victimization and the challenges encountered in their practical execution. From a socio-legal perspective, the study investigates the broader societal implications of victim jurisprudence, examining its influence on societal attitudes toward victims and its intersection with wider social movements advocating for justice, equality, and human rights. By incorporating jurisprudential theories, legislative frameworks, and empirical data, this socio-legal analysis contributes valuable insights to legal scholars, policymakers, and practitioners. It offers a nuanced understanding of the intricate relationship between law, justice, and the well-being of crime victims in contemporary society, critically assessing the strengths and limitations of victim compensation schemes within the broader context of evolving legal and societal landscapes
SEXUAL HARASSMENT OF WOMEN IN INFORMAL AND UNORGANISED SECTORS IN INDIA: AN ANALYTICAL STUDY
Get PDFGlobally there is a great deal of arising tension about sexual harassment in the workplace. It is a type of gender-based violence that is harmful to the victims' productivity, well-being, and sense of dignity while also violating their human rights. In India, the informal and small-scale business sector that is not governed by official regulations is where the problem of sexual harassment is most prevalent. The issue of sexual harassment in the workplace is widespread and it impacts people in a variety of sectors and industries. But it's especially common in the unorganised sector where employees frequently don't have access to official complaint and redressal procedures. Since a sizable section of the labour force in India works in the unorganised sector, it is imperative that sexual harassment in this sector be prevented. This article shall discuss the problem of sexual harassment in India's unorganised industry, and its impact on employees, and the probable remedies that might be resorted to
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
COMMON RIGHTS REGIME IN OUTER SPACE LAW: MAKING SPACE FOR JUS COGENS NORMS
Get PDFThe objective of the common rights regime is to benefit humanity, although the phrase is not codified in any treaty pertaining to outer space law. It can be derived from the principles codified under these treaties. The common rights regime assumes significance in contemporary times because of the increased capabilities of States and private actors to exploit space resources. Parallelly, jus cogens norm provides a moral dimension to international law and can influence the space law regime. This paper evaluates the interaction between the common rights regime and jus cogens norms. Accordingly, the author has split this write-up into three portions; the first part discusses the advent of a common rights regime in outer space law, the second segment evaluates whether some elements of this regime have achieved the status of jus cogens, and the final portion segues into the findings and conclusion. For this research, the author has delimited the elements of the regime to peaceful use of outer space, non-appropriation and Common Heritage of Mankind (CHM). Keywords: CHM – Common rights regime – General Assembly – Jus Cogens – Outer Space Treat
LEGAL ANALYSIS OF THE SHAREHOLDERS’ RIGHTS AND INFORMATION AND COMMUNICATION TECHNOLOGY IN NIGERIA
Get PDFThis study argues that deploying Information and Communication Technology (ICT) in corporate governance will strengthen the rights of shareholders and promote their effective participation in the affairs of the company in Nigeria. Nevertheless, the present corporate law on the right of shareholders in Nigeria are largely defective and inconsistent in creating enabling environment for shareholders to take the benefits of ICT in the exercise of their rights. For instance, section 240(2) of the Companies and Allied Matters Act (CAMA) 2020 promoted electronic meetings for private companies, but restricted public companies that would have needed electronic meetings the most. Besides, there are no rules for determining the specific electronic means that is suitable for the shareholders, thereby allowing company to provide electronic means that may be beyond the reach of the shareholders. Also, the Securities and Exchange Commission established e-dividend regime in 2015, but it is limited to companies listed on the Nigerian Stock Exchange. Therefore, this study analyzed comparative lessons from Canada and Europe, and recommended that the Nigeria’s Corporate Affairs Commission should, as a matter urgency, introduce standard guidelines for ICT and shareholders’ rights in Nigeria