NUJS Journals West Bengal National University of Juridical Sciences
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VISIBILITY OF BLINDNESS: INTERROGATING ABLEISM IN THE SYSTEM OF HIGHER EDUCATION
Get PDFSocio-cultural discourses and forms of activism, which engage with the issue of participation ofdisabled persons and the barriers faced by them in higher education, usually tend to focus onsolutions such as installation of adaptive technologies and implementation of inclusive design inclassrooms, toilets and libraries. When analysed from the perspective of spatial politics, we cansee through the hierarchy of space in a given campus, created by such strategies ofprioritisation. Accessibility to the broader physical and academic atmosphere of university andcollege campuses often remains unaddressed. This centre-periphery structure of space in thepresent context is essentially an outcome of ableist assumptions. Attempts to promote disabledfriendliness in canteens, union rooms, common rooms, playgrounds, seminar halls, etc., receivea disturbingly limited attention, if any. In other words, participation of disabled persons incommunity activities, co-curricular activities and entertainment is treated with least importance,especially in the field of higher education. In the context of a developing country such as India,where scarcity of resources is a major challenge, speaking about such overlooked areas ofdiscourse might appear as an instance of literary utopia. However, we think it is useful to makethese unseen areas visible in order to thoroughly disrupt the habits and attitudes endorsed byableism. In our paper, we shall endeavour to show how increase in visibility and representationof disabled persons in a given space can bring about changes in societal approach towardsdisability. The scope of our paper would also encompass a selective discussion of the variousmodels of disability, an understanding of which might help us in developing resistance againstableism in a more specific manner. We also intend to discuss how inadequate visibility ofdisability in curricula promotes misconceptions, which in turn lead to ‘othering’
THE NATIONAL ASSOCIATION OF THE DEAF AND ANR V. UNION OF INDIA & ANR, IN THE HIGH COURT OF DELHI, W.P. (C) NO. 6250/2010, DECIDED ON 24.11.2011
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INTERNATIONAL PERSPECTIVE – INHERENT POWERS GRANTED TO MAGISTRATES IN THE UNITED KINGDOM AND THE REPUBLIC OF SOUTH AFRICA
Get PDFThis article examines the international acceptance of according inherent powers to magistrates who take cognizance of an offence and / or those Magistrates to whom the case has been made over for inquiry or trial of an offence it further discusses the judicial systems in other countries wherein Magistrates have been accorded inherent powers in the interests of equity and justice. The purpose behind granting inherent powers to the Magistrates is to make the system more approachable and the provision of exercise of inherent powers more effective. As the study focuses on the international field it focuses on the experiences of Magistrates at South Africa and United Kingdom, in order to relate the experience, the author has also drawn upon the Indian provisions. An analysis of the laws in other countries goes on to highlight how such powers in the hands of the Magistrates is not only a luxury available to the common man or a proviso to ease the process, but rather a matter of right to have an unjust decision turned to ensure that the ends of justice have been met. By making such a remedy available to a litigant at a court of law that is more accessible to him, both geographically and economically, would ensure that the power of the court will be better utilized and be more effective in the redressal of such issues
CITIZENSHIP: ITS APPLICATION AND DENIAL IN CONTEMPORARY NEPALESE LEGAL SYSTEM
Get PDFCitizenship is one of the major constitutional rights guaranteed by the Constitution of Nepal. Universal Declaration of Human Rights sets that everyone has the right to a nationality, and no one shall be arbitrarily deprived of his or her nationality. This article aims to identify the discriminatory clauses contained in the Constitution and the citizenship-related laws in Nepal. The Constitution of Nepal 2015 possesses some discriminatory clauses that restrict the independent identity of women to transfer citizenship to her children and spouse. Access to citizenship certificates remains a challenge for women and the marginalized communities who are affected by poverty, illiteracy, displacement, isolation and discrimination
ROLE OF PANCHAYATI RAJ INSTITUTIONS IN THE PROTECTION OF ENVIRONMENT
Get PDFThe paper makes an attempt to evaluate the role of Panchayati Raj Institutions (PRIs) in the protection of environment. This article comes as a narrative of relevant policies and practices facilitated by the PRIs under the 73rd Amendment for protecting environment. Practices relating to environmental education, awareness and training, arranging manpower and training them, mobilising awareness, forming eco-clubs in schools, identifying NGOs involved in similar cases are some of those. The paper argues that a minimum utilisation of these practices may help villages reach the heights of success in several aspects of cleanliness and environmental protection. A complete orchestration of all the policies would be fundamental in changing the future of local self-governance in relation to environmental protection. The paper employs descriptive methods to draw inferences from the initial findings
INTERNATIONAL TRANSFER PRICING – PEJORATIVE EFFECT ON REVENUE GENERATION
Get PDFThe term „transfer pricing‟ has been given a negative connotation and the cause for such pejorative attribution to the term is analysed in the present paper. This paper examines the effects of transfer pricing and its impact on revenue generation in a developing nation such as India. The endeavour in the paper is to understand the concept of transfer pricing and to explore how developing nations are drained of their legitimate revenue by multinational corporations. The journey of transfer pricing has been chronicled. The paper tries to know why transfer pricing has become a dominant factor in international taxation and why multinational corporations resort to transfer pricing. The rationale behind the need of multinational corporations to shift profits to low-tax jurisdictions has been analysed. The development of legislation to curb the phenomenon and adoption of methods to curb transfer pricing in Indian fiscal statutes has been analysed in the paper. The intention of the legislature in enacting such methods and the judicial interpretation of the phenomenon has also been considered. The paper seeks to find out whether the pejorative interpretation is justified and whether a developing nation such as India needs a stricter fiscal framework to curb transfer pricing. The methodology used in the paper is doctrinal and the method adopted in the paper is a combination of descriptive, explanatory, historical and analytical methods
