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University of North Bengal

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    Item type:Item, Article Access status: Open Access ,
    A New look on the Urbanisation and Environmental Rights in India: Contestations and Resolutions
    (University of North Bengal, 2025-09) Shome, Shubhajeet
    Urbanization in India has become a pivotal factor influencing economic development, social change, and environmental challenges. The growth of urban areas has heightened demands on land, water, air quality, and ecological stability, frequently putting environmental rights in contrast with developmental goals. This article presents a fresh viewpoint on urbanization and environmental rights in India. This article attempts to understand recent scenario of urban growth in India and its effect on urban environment. This paper examines various dimensions of present urban environmental situation in India. This paper also analyses how Constitutional and legal structures, judicial actions, and grassroots initiatives address environmental issues considering new avenues for sustainable and rights-oriented urban development.
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    Victim’s Representational Right Under the Code of Criminal Procedure, 1973
    (University of North Bengal, 2025) Bhattacharjee, Subhajit
    Within the entire gamut of Code of Criminal Procedure, 1973 rights duties obligation of various stake holders of the criminal administration of justice are delineated. Not to mention that the right of the accused/s are elaborately detailed. The Supreme Court and various High Courts throughout India in catena of Judgments have tried to maintain the balance between the discretionary powers of the investigating agencies and that of the person charged with the crime. One of the cardinal rules of any adversarial form of investigation which our country subscribe to, is to give the benefit of doubt to the person facing the trial and setting up his defence against the accusation. Conspicuous by absence in the debate is the right of victims of crime. The representational right of the victim under the Code of Criminal Procedure Code is a highly contested issue. Needless to say that the victim’s representational right has gone for an abrupt change after the gruesome and unfortunate Delhi gang rape case on December 2012 (also known as Nirbhaya case). The process involve in criminal justice system can be broadly segregated into four distinct features as investigation, inquiry, trial and thereafter appeal if any after the criminal law is set in motion. The State as the omnipotent protector of its citizen and all people at large prosecute in criminal cases. A prosecution takes place through a Public Prosecutor or an Assistant Public Prosecutor depending upon the case that is tried and the Court where the proceedings are going on. Here comes the crux of the problem, is the victim’s voice ventilated, their rights represented, their interest protected. The representational right of the victim needs to be also examined in purview of the context that for the State and Judiciary many a times plays a balancing act and whether the same is compromised against the victim rights. The article also deep dives whether any fundamental changes are brought forth in the Bharatiya Suraksha Sanhita, 2023 (hereinafter referred as BNSS, 2023).
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    Role of the Judiciary in the Evolution of the Principle of Equality and Positive Discrimination in Education Under the Constitution of India
    (University of North Bengal, 2025-09) Bandyopadhyay, Suparna
    Article 14 of the Constitution of India states, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Whereas, Article 15 and 16 speaks for reservation of special positions for woman, children and others. The Constitution through will of people commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws. Equality before law prohibits discrimination. It is a negative concept. Whereas, the concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all is a positive discrimination. It is a positive concept. Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally. The paper discusses the laws on equality from 1950 has evolved in nature and the how judiciary has safeguarded the interest of its people by interpreting the principle of equality at par with equity.
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    Marred but not broken: A Critical Review of the Socio-economic and Cultural Rights of Victims of Sexual Offences from Victimological Perspective
    (University of North Bengal, 2025-09) Ray, Riya
    The Indian Criminal Justice system is based on an adversarial British model of justice dispensation which emphasizes on the punishment of the offender. The state takes charge of the case on behalf of the victim and the role of the victim in our criminal justice system is diminished to that of a mere witness in the trial. Victims of sexual offences face insurmountable impediments during investigation and prosecution of crimes. While legal systems increasingly acknowledge the egregious nature of sexual violence, the practical realization of victims' rights to recovery, reintegration, and cultural respect remains inconsistently applied. From lodging of the FIR to the final disposal to the case, nothing comes in the way of the victim. The police, prosecution and other informal agencies fail to provide the necessary succour to the victims. Their social rights including fair treatment, rehabilitation and assistance throughout the legal process and the right to protection of their privacy and safety are forsaken which compounds their suffering and mental trauma thus degrading their quality of life and leaving them in a pitiable state of vulnerability. In this chapter, the researcher focuses on fortification of the socio-economic and cultural rights of the victims so that they receive the highest sanctity of the law and there is an overarching obligation on the state to uphold and honour the same. It aims to highlight pathways for policy and practice reforms that can genuinely restore dignity and agency to survivors, thereby fostering environments where their rights are not merely recognized but fully realized.
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    Need to Revisit the Rights of a Victim under the Criminal Justice System in India
    (University of North Bengal, 2025-09) Ray, Nabamita Paul
    The importance of victim assistance in criminal law is now being recognized as among the key components of the Criminal Justice System. In a bid to equalize the platforms available with the society and its adversary, i.e., the accused, legal provisions have been incorporated to protect the victims. Since crime is seen as a wrong against society, not merely against an individual, the victim’s voice in the Criminal Justice System is often subdued under the pressure of society’s collective moral sentiments. This study is an effort to examine the Criminal Procedure Code of 1973 from the viewpoint of a victim. It emphasizes that the Code should provide systematic support to the victim in accordance with the ideals of fair trial and the constitutional principle of promoting equal justice. The paper first examines the demands of fair trial and the rights an accused person has under the Criminal Justice System. It then proceeds to analyze the role a victim plays in the criminal justice system. Thereafter, the contours of proposed systemic support to the victim are explored. And lastly, the paper concludes by proposing and analyzing the scope for some constructive suggestions in the form of legislative amendments in Indian law.