NUJS Journals West Bengal National University of Juridical Sciences
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'Victim justice - A paradigm shift in the criminal justice system in India' written by G S Bajpai and ShriyaGauba in 2016 with ISBN:978-93-84746- 68-1.
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SHARENTING PROBLEM’ IN THE BACKDROP OF INDIAN LEGISLATION
Get PDFThe sharenting culture by parents of constantly posting images and videos of children on social media websites is one that poses threat to children’s online privacy, safety, and autonomy. Despite having international law that seeks to protect children from arbitrary interference to their privacy, no law exists in India that ensures that children’s cyber privacy at the hands of their parents is not endangered. This is in contrast with laws of several other countries across the world that have taken a legal stance on sharenting, as in France, as well as laws that comprehensively protect children from all possible harms, as in Georgia. In light of judgements such as Justice KS Puttaswamy v Union of India1 which laid down privacy as a fundamental right to all, a law that protects children from the harms of sharenting seems crucial, yet it may also in arguendo deemed to be infringing upon a parent’s right to freedom of speech. In view of the above, this paper proposes the need of a law in India that assigns duties and responsibilities to parents, adults, and body corporates in respect of sharenting, in realization of “best interests of a child” as envisioned by the United Nations Convention on the Rights of Child
THE INDIA-UNITED STATES BASA IS BROKEN: CAN IT BE FIXED?
Get PDFThere exist disparities in the level of air services between the United States-India and United States-Japan routes. This is caused in large part by the predominance of Middle Eastern carriers, particularly Qatar Airways, in the United States-India aviation market. Despite India’s larger population and significant potential for tourism to the United States, it offers markedly fewer non-stop flights to the United States compared to Japan. The Bilateral Air Service Agreements and the concept of privity of contract dictate the designated airlines’ domination of their respective routes. The author argues that Qatar Airways leverages aggressive 6th Freedom operations to undermine the viability of direct flights between the United States and India. To address this imbalance, two strategic remedies are to be considered: India’s withdrawal from the International Air Services Transit Agreement, enhancing its negotiating leverage, and renegotiation or cancellation of the BASA with Qatar. By adopting these measures, India could potentially recalibrate the competitive landscape, fostering greater direct air service while ensuring that American and Indian airlines capture a substantial share of international traffic between the two countries. This strategic manoeuvring aligns with broader geopolitical interests, reinforcing bilateral ties between India and the United States
EQUITY AND THE CHM PRINCIPLE IN THE MOON AGREEMENT: A TWAIL PERSPECTIVE
Get PDFThis article critically examines the Moon Agreement through the lens of Third World Approaches to International Law (TWAIL), highlighting the often overlooked contributions of developing countries in advocating for the “Common Heritage of Mankind” (CHM) principle. While the Moon Agreement aims to prevent the monopolisation of celestial resources by technologically advanced nations, existing literature frequently marginalises the active role played by the Third World nations in its formulation. By revisiting the negotiation history from 1971 to 1979, the study demonstrates how countries like India, Egypt, and Chile employed sophisticated legal strategies to embed equity and distributive justice into international space law. The author argues that these nations were instrumental in challenging the dominance of powerful states and promoting a more inclusive legal framework for outer space activities. Employing a TWAIL perspective allows for a critical reassessment of the Moon Agreement, emphasising the need to acknowledge and integrate the role of the Global South in the development of international legal norms. Keywords: Common Heritage of Mankind – Equity – Global South – Moon Agreement – Space resources – TWAI
FEDERALISM AND CLIMATE CHANGE: GAUGING THROUGH THE DECENTRALISED STRUCTURE OF INDIAN AND CANADIAN POLICIES
Get PDFWhile the 28 Conference of the Parties on Climate Change has been convened, several minimum standards have been promulgated for environmental quality, natural resources protection, and alternative energy; state parties, the obligations so pledged shall be translated only based on state practises. International law is fervently dependent on the state. Similarly, executing the pledge taken in these Conferences of the Parties by the respective state largely depends on the states' national policies. Environmental protection, adaptation, and mitigation are some down-up models of policy-making, in which the federalist form of Government has proved to function better due to the proximity of local-level authorities to the governance target. This paper compares Canada and India's two significant Federalism Models in combatting the climate justice system concerning its decentralised structure
DISABILITY AND EDUCATION: A NEW HORIZON TOWARDS JUSTICE
Get PDFDisability is an impairment which can be physical, mental, cognitive, sensory, intellectual ordevelopmental. According to the census report of 2011, 2.21% of the population of India aredisabled with 2% of those between the age of 20 and 29 are disabled, which goes on to saythat there must be a considerable number of youth that are disabled. They may have one ormore impairments, but in most cases these individuals still have the capability to develop askill. Barring a few cases (where the disability is so grave that the individual cannot learn ordevelop any skill at all), the disabled have the capacity of supporting themselves andcontributing to the economy. It is important to note that governmental measures and policiesplay a major role in terms of facilitating proper infrastructure and trained professionals inorder to equip the differently abled to sustain themselves and contribute to the economy. Inlight of this, the authors of this paper would like to analyse the various policy measures suchas the constitutional safeguards, the National Policy on Education, 1986, the Government‟sscheme of Integrated Education of Disabled Children, 1974, Rights of Persons withDisabilities Act, 2016, Rehabilitation Council of India Act, 1992 among others, that havebeen adopted to facilitate directly or indirectly, the education of the disabled. The authorswould also like to highlight the extent to which these measures have been successful inimplementing inclusive education with regard to the disabled. This paper includes ananalysis of the feasibility of adopting the „capability approach‟ of Amartya Sen and to whatextent its incorporation may prove beneficial in this sphere. Thus, this paper‟s objective is tohighlight the relevance of law and policy in education of the disabled
AN EVALUATION OF MULTILATERAL EXPORT CONTROL REGIMES AGAINST WEAPONS OF MASS DESTRUCTION PROLIFERATION UNDER INTERNATIONAL LAW
Get PDFThe present paper evaluates the desirability of multilateral export control regimes under international law. Sections II to V of the paper describes and analyses the four prominent export control regimes of the Nuclear Suppliers Group, Wassenaar Arrangement, Missile Technology Control Regime and Australia Group. Some pertinent but often overlooked successes and failures of some of these multilateral export control regimes are enumerated. The method in which these regimes operate and the standards for State level participation in these regimes are also discussed. Section VI evaluates the international legal framework behind these regimes and their legality under international law. Some relevant enforcement measures such as the Proliferation Security Initiative and the Container Security Initiative regimes and possible membership to some of these multilateral export control regimes are also analysed in this Section. This research paper is primarily a descriptive analysis of multilateral export control regimes supplemented with a brief analysis of the legal framework behind the same
Inter-country Adoption: Challenges And The Way Forward Pratishtha Yadav
Get PDFThe present paper discusses the concept of inter country adoption in India. Every child has a right to love and be loved and to grow up in an atmosphere of love and affection and of moral and material security and this is possible only if the child is brought up in a family. There are cases wherein the children are left abandoned, neglected, deserted or surrendered by their biological parents or where the biological parents could not afford the upbringing of their child and hence relinquish the rights over their child in favour of orphanages, adoption agency or children’s home. In such cases, adoption of children assumes pivotal importance as through the process of adoption, such children can be placed in the family system through which they can learn the necessary societal norms for their overall well being and development. The institution of family also helps in acquiring and retaining a sense of identity and security in such children. Thus, adoption is considered to be one of the efficient mechanisms of providing home to the homeless and child to the childless. The paper further throws ample light on the international legislative framework of the intercountry adoption. It discusses the challenges pertaining to intercountry adoption such as identity issues, economic/ financial hardships, medical issues, physical or appearance discomfort and limited or inaccurate information regarding child’s background. Lastly, suggestions are provided to deal with the challenges relating to intercountry adoption
Police subculture and its influence on arrest discretion behaviour: An empirical study
Get PDFThe century old arrest law in India was amended in 2009 with a view to reduce the number of avoidable arrests. But the analysis of the official figures on arrest shows that amended law has not made any dent in the field law enforcements. The research problem arises out of this observation; if the statute, departmental guidelines, court rulings, police manual rules etc. have little influence on the arrest decision of the police, then what it is that considerably impacts such behaviour. Literature review shows that the organizational, subcultural, environmental, individual and situational determinants are at the forefront of arrest discretion behaviour. The study has empirically tested the impact of subculture on arrest discretion behaviour of police in India and its relative significance compared with organizational determinants. The study establishes that the subcultural determinants influence the arrest discretion twice as much as the organizational determinants, contrary to the popular perception that it is the organization that through statutes, rules, regulations and compliance to court directives influences the arrest decision. The findings to an extent explain the existing gap between legislative intents to reduce the number of avoidable arrest and its realization on the field
MICRO-PRIVATISATION: DISTILLING EFFICIENCY AND WELFARE IN DELIVERY OF PUBLIC SERVICES
Get PDFThis paper argues for the implementation of a model of micro-privatisation, as an extension of mereprivatisation, involving community participation in the delivery of public services. Part I of this paper traces thenature of the right to public services, locating its roots in the concept of a citizens charter and glances at theexistent legal regime vis-à-vis public services in India. Part II goes on to highlight the crisis in the contemporarysystem of delivery of public services in India, especially in the rural areas. With this contextualisation, Part IIIanalyses the feasibility of privatisation of delivery of public services, observing the flaws inherent in the processand noting that privatisation may not be the panacea it is often assumed to be. Finally, Part IV advocates forthe delivery of public services through a paradigm of micro-privatisation, combining ideals of welfare andefficiency, thus emerging as a best practice for the enforcement of the right to public services. This essay concludeson a note of optimism, hoping for the implementation of a model of micro-privatisation to realise the true valueof the human right to public services