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University of North Bengal

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    Vulnerability of Refugee Children to Human Trafficking in the Context of India
    (University of North Bengal, 2026) Mahaseth, Harsh
    India hosts a diverse set of refugee and asylum-seeking communities, but continues to govern refugees through a fragmented, largely ad hoc architecture: it is not party to the 1951 Refugee Convention or the 1967 Protocol, and it lacks a dedicated national refugee law. This paper examines how that legal and administrative gap interacts with socio-economic precarity to heighten the risk of trafficking of refugee children for labour and sexual exploitation. Drawing on doctrinal analysis of international child-rights and anti-trafficking norms, Indian constitutional protections, and key domestic statutes, it maps the pathways through which documentation deficits, barriers to schooling, language exclusion, family separation, and informal labour markets compound vulnerability. It then identifies points where India’s existing child-protection and criminal-law frameworks can be leveraged more effectively, while also outlining reforms needed to close protection gaps. The paper concludes with recommendations for a rights-based refugee framework, child-sensitive identification and guardianship procedures, strengthened access to education and legal aid, and improved data collection and coordination between state authorities and humanitarian actors.
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    Transnational Governance and Migrant Domestic Workers: Examining the Role of State and International Organisations in Protecting Indian Migrant Domestic Workers in the Middle East
    (University of North Bengal, 2026) Das, Tridipa Sehanobis
    Migrant labour stands as a cornerstone of the global economy, providing vital support to various industries and segments across globe. In 2019, the ILO assessed that globally there were 169 million international migrant workers, accounting for nearly 5 percent of the global workforce, of which 42 percent were women. In recent years, the spotlight has increasingly turned to the plight of migrant domestic workers. Most of them face abusive working conditions, lack access to fundamental socio-economic and labour rights and are exposed to sexual and gender-based discrimination and violence. Over a significant period a massive number of Indian domestic workers have travelled to countries in the Gulf region, South East Asia and sporadically even to countries in Europe and North America- reported by National Domestic Workers Movement (NDWM). Despite their significant contributions to global economies, migrant domestic workers often encounter various forms of exploitation and vulnerability, especially in Middle East countries, where kafala system is in practice. In this backdrop, the paper delves into the intricate dynamics of transnational governance concerning the safeguard of the migrant domestic workers from India, with a definite focus on the role played by international organizations. Through an analysis of national policies, international frameworks, including those led by prominent organizations such as the International Labour Organization (ILO) and the United Nations (UN), this research critically assesses the effectiveness of existing mechanisms in safeguarding the rights of the migrant domestic workers from India. It identifies key gaps and challenges in transnational governance and proposes recommendations to reinforce protection measures and enhance the empowerment of migrant domestic workers. The findings underscore the pressing need for concentrated efforts by countries and international organizations to address systemic issues and ensure dignified treatment and rights of migrant domestic workers from India in the global labour market.
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    Frozen Embryos and its Prospective Owners: A Study of Fundamental and Legal Rights
    (University of North Bengal, 2026) Rana, Mamta; Joshi, Aakanksha
    It is undeniable that embryo freezing has served as a boon to womankind and also to infertile men, as they can now become biological parents through assisted reproduction. For a long time, the industry of assisted reproduction was running unbridled; however, the recent Assisted Reproduction Act and the amendments in Surrogacy Act has sought to manage the same. The efficacy shall be determined in the years to come. With assisted reproduction becoming a million-dollar industry a lot of moral and ethical dilemmas have arisen especially when it comes to the embryos that have been frozen. Whether they can be considered as unborn child and the various rights that can be assigned to them, including the right to be born alive, or whether they should be treated as property. Indian law has yet to provide an insight on what an unborn child and due to this a grey area and a need to address it. The researcher aims to ascertain the various issues in regard to the embryos which have been frozen such as personhood along-with the rights of their owners in the purview of various laws and judicial decisions.
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    Governance of Public Procurement in India: A Legal Analysis of the Procurement Policy, Scope of Judicial Review, and Approach of the Constitutional Courts towards Interpretation of Tender Documents
    (University of North Bengal, 2026) Singh, Ravindra Kumar
    Public procurement is one of the most vital aspects of governance in any country. In India, public procurement has to be made in compliance with the norms of the Constitution; as also in conformity with the statutory law, public policy, rules, regulations, authorised guidelines and manuals. If there is any violation of the principles of public law in the matter of award of contract by the public authority, then, such a decision will be subject to the judicial review of the writ court. At the same time, it is also correspondingly essential to confer the necessary leeway and pliability to the executive authorities so that they can discharge their constitutional and statutory duties towards the society and people efficiently and in a timely manner. Accordingly, the law envisages a fine balance to be struck between the “much-needed flexibility” and the “indispensable accountability” in the matter of public procurement. This, however, raises legal questions regarding the extent of the much-needed flexibility and the scope of judicial review in public procurement. Putting it differently, the legal inquiry to be made is in what matters of public procurement the court in the exercise of its writ jurisdiction, entertains a writ petition and also how the court interprets the tender documents for resolving the disputes so as to uphold the principles of probity and accountability in such matters. This paper, therefore, aims to address the following three specific research questions: (i) What is the law and policy governing public procurement in India? (ii) What is the current position of law regarding the scope of judicial review in public procurement? (iii) What are the principles and rules of interpretation of tender documents?
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    The Nigerian Official Secrets Act and Freedom of the Press: An Evaluation of Some Salient Provisions
    (University of North Bengal, 2026) Odhe, Kenneth Owhighose; Onyebuolise, Henry Okolie; Abuza, Andrew Ejovwo
    The 1999 Nigerian Constitution guarantees fundamental rights, including the right to freedom of expression and the Press to all citizens of Nigeria, including journalists. Thus paper evaluates some salient provisions of the Nigerian Official Secrets Act 2004 on the freedom of the Press. The research methodology utilised is mainly doctrinal analysis of applicable primary and secondary sources. The paper finds that the definition of classified matter under section 9(1) of the Nigerian Official Secrets Act 2004 is too wide and susceptible to abuse, as it allows the government to declare anything it likes as a classified matter and therefore not to be disclosed or revealed to the public without authorisation. The paper suggests that the Nigerian Official Secrets Act 2004 should be amended in its section 9(1) to define classified matter as only the information and public record which border on the defence and national security of Nigeria.