Browsing by Subject "Rights"

Now showing 1 - 10 of 10

Open Access
Challenging Livelihood of the Child Labour: A Micro Level Study at Asansol in West Bengal, India
(University of North Bengal, 2021-09) Sinha, Vijoy Kumar; Panda, Santanu
In this study we have made an attempt to find out the reason behind the child labour in town. Children are the future of this Nation. They are considered as the most important asset of the society. Any future of the nation is depending on how children grow and develop themselves. The issue of child labour is continuously grabbing the attention of the world. Child labour deprives children of their childhood, interferes with their ability to attend regular school and which is mentally, physically, socially, or morally dangerous and harmful. These children work in extremely inhuman conditions, which constitutes a violation of their fundamental rights guaranteed to them under the Constitution of India and other international conventions. The objective of the study is to find out the real scenario of the child labour and why they are getting deprived of childhood and primary education. So, the study has been conducted at Asansol Town with the help of structured questionnaire. A total of hundred sample respondents were taken based on a random sampling technique for the study and those are available during the survey. The study will also reveal the relation between the root cause and socio-economic conditions of child labour. Finally, some suggestions would be made to stop child labour and improve the socio-economic condition in the selected area of Asansol Town.
Open Access
Conferring the Rights to Air: A Way to Change Social Behavior in India
(University of North Bengal, 2023-03) Goel, Kavita
India is a land of celebrations in the name of national festival or religious festivals or victory of individual or team. By celebration we seek to be entertained and amused at the cost of natural resources. In 2017, the Allahabad High Court bench comprising Chief Justice DB Bhosale and Justice MK Gupta held that every citizen had the right to celebrate festivals in a peaceful manner. But now a day over celebration with fire crackers and loud sound are going into the vein of almost all life events whether big or small. In Ajay Goswami V. Union of India, the Supreme Court Upheld the right of adult citizens to entertainment notwithstanding that such entertainment may be inappropriate for children. On 23rd October 2019, the Supreme Court of India refused to impose blanket ban on sale of firecrackers but allowed the sale of low polluting green firecrackers which are within the permitted decibel limit and emission norms. This decision is in parallel with the existing bunch of environment protection legislation except the permission to use of green pollutants. These type of judgments and legislations are made to make the human being enjoy and the nature weep. The pollution level in New Delhi peaked on the morning just next day of Diwali celebration because of unbridled right to celebrations. On Monday, i.e. 25th November 2019, the Supreme Court accused the Centre and Delhi government of politicizing the issue and said that the city is no longer livable and had become worse than hell.
Open Access
Emancipation and Empowerment of Women – Barriers and Challenges
(University of North Bengal, 2022-12) Roy, Sayantani
‘It is perfectly natural for the future woman to feel indignant at the limitations posed upon her by her sex. The real question is not why she should reject them: the problem is to understand why she accepts them’ -Simone de Beauvior, The Second Sex Since time immemorial, women have been held in the shackles of mediocrity under the guise of domesticity. The notion of inferiority complex silently embedded in their psyche. The invariably assertive surroundings forcibly made an inevitable resolution to push her down the same path that her matriarchal lineage committed to ages since. The fear of obligation and guilt persisted in following her in the subsequent time, no matter how hard a woman attempted to break free from the confines that had been deftly built to keep her in place. The terrifying outburst of self-criticism is a product of the generational transmission of a mental process that endorses patriarchy and relies on the idea that women are in fact a subordinate category incapable of being left on their own. A key component of feminist definition and politics is empowerment, which became a buzzword in the 1970s among development agencies, is not without obstacles and challenges.
Open Access
Interrogating the Citizenship Question in India: Debating Article 35A and Article 370
(University of North Bengal, 2016) Chakraborty, Ranjita
Debating on citizenship ---not just meaning the right to carry a specific passport but encapsulating the relationship between the individual, state and society has become a major point of discussions both within the domain of academia as well as outside. Throughout the history, the concept has been defined variously and there exists no fixed definition.The paper would concentrate on the debate by focusing on citizenship provisions in the Constitution of India with particular focus on Article 35A and Art.370 of the Constitution of India and critically look into the positions taken by the Government of India and the political party leaders in Jammu and Kashmir. The provisions have been debated upon centering on the issue of violation of the Constitution of India and the fundamental rights as promised to the citizens of India by the supreme law of the land. As history is dynamic it is essential to engage in a constructive dialogue so that inclusive citizenship can be realized. The paper would delineate the major arguments in the debate and try to propose some guiding premises along the lines of which a revision could be worked out whereby particularities are protected but the universality of citizenship is also promoted.
Open Access
Islamic feminists’ view on muslim women’s equality and empowerment
(University of North Bengal, 2024-03) Khatun, Najmun
This paper aims to focus on gender equality, especially on women’s equal rights, opportunities and empowerment from Islamic feminists’ point of view. The Qur’an is generally alleged as a main source of women’s subordination or oppression. Islamic feminists argue that there is no single verse in the entire Qur’an that subordinates women. For them, the Qur’an is the main source of women’s empowerment and gender equality. However, the patriarchal society has interpreted and represented the Qur’anic teaching in a wrong way throughout the centuries. Thus, Islamic feminists rise with contextual interpretation of the Qur’anic verses to substantiate their own view. They show that male and female both are equal in all respects. They both are moral individual agents, and for this, they earn equal recompense for their duties. Islamic feminists argue that women’s empowerment is not possible if both male and female are not equally treated in rights and opportunities. Thus, they give importance to build gender equality in Islam.
Open Access
Joint Forest Management and Community Participation: A Study in Indian Perspective
(University of North Bengal, 2021-09) Biswas, Sujit Kumar; Rai, Ashima
The Joint Forest Management Programme (JFM) has been a major thrust area of forest management over the last two decades. The programme is operating with main objective of forest management and empowerment of local communities through sustainable resource utilisation. The effective and meaningful involvement of local communities has been attempted under the Joint forest Management system in India by linking socioeconomic incentives and forest development. The present paper will provide a brief overview of the policy makers regarding the effectiveness of the programme operationalised in different parts of the country. It further tries to review the process of JFM and factors promoting community participation for forest management under the regime of JFM in India.
Open Access
Judiciary in India: The Dialogic Space
(University of North Bengal, 2015) Chakraborty, Ranjita
The judiciary in India has been praised and blamed in the same breath, praised for being the voice of the people, upholding democracy in India at a time when faith in the other institutio ns responsible for upholding democracy is ebbing, and blamed for making a mark in the number of pending cases that stands to at present a scary 3.2crores figure. Critics point to this pendency as undesirable, for justice delayed is justice denied. The crit ics further point out that this delay is caused by the tendency of the judiciary in India to go for sensationalism and overreach, taking up cases for hearing that are sensational and in the process not responding to the civil and criminal cases that get fi led in the courts. Supporters of the judiciary however, have reasons for this pendency like the strength of the judiciary and the number of cases to be heard ratio, vacancies, poor infrastructure and support system etc. This is the political argument which the present paper would not focus on but would, by a discussion of some select cases; attempt to highlight the representational role played by the judiciary in India, facilitating the creation of a space for dialogue between the different sections of the society in India.
Open Access
NOTES AND COMMENTS Regulating Artificial Intelligence under Data Protection Law: Challenges and Solutions for India
(University of North Bengal, 2023-09) Naithani, Paarth
As India moves toward enacting a comprehensive data protection legislation, it becomes essential to examine the possible application of India’s proposed data protection law to the use of Artificial Intelligence (AI). The various challenges posed by AI to data protection principles and data principals’ rights need to be examined. The need for data maximisation in the use of AI challenges the principle of collection limitation. The difficulty in anticipating the processing purposes of AI challenges the principle of purpose limitation. With a brief introduction to AI and data protection law in India, the paper examines the compatibility of various data protection provisions under India’s Digital Personal Data Protection Act, 2023 with AI. The paper also provides recommendations for data protection regulation of AI. The paper proposes the need to hold data fiduciaries accountable using Data Protection Impact Assessments, Codes of Practice and Security Measures. Besides, there is a need to define the fiduciary duty of care between the data principal and data fiduciary. There is a need recognize data protection by design and default and the Right against automated decision making. Technical solutions need to be explored, but at the same time, AI must not be over-regulated. Lastly, there is a need for flexibly interpreting the provisions of the proposed data protection law.
Open Access
Power Play of Artificial Intelligence upon Intellectual Property Rights
(University of North Bengal, 2020-03) Ghosh, Jayanta
Up-gradation of the technology and its interference in human life by the introduction of Artificial Intelligence/robotic machines makes human life vulnerable. These vulnerabilities are more when the question comes to the right issues on the intellectual property. The credibility to the introduction of the Artificial Intelligence/robotic machines depends on humans, but Artificial Intelligence is likely to produce new solutions to problems and in so doing to create intangible outputs that could, at least in theory, be perceived as Intellectual Property. Current intellectual property system is also affected with this technological interference. In this context, the future discussion is one who owns the Intellectual Property rights in creations produced by robots. Artificial Intelligence remains an area where there is frenetic Intellectual Property activity and it has largely been based on protecting Artificial Intelligence systems or applications. But, in near future where machines are deployed to create complex products, the question of Intellectual Property ownership could become clouded. Artificial Intelligence helps solve complex issues simply and sophisticatedly whereas legal ownership on the other hand, may not be fairlysosimple.From an intellectual property perspective, the most interesting aspect is that the resolution asks for the elaboration of criteria for ‘own intellectual’ creation for copyrightable works produced by computers or robots.It may be argued that the machine is a sensible being entitled to ownership rights. It is not difficult to imagine that those bringing the copyright lawsuit had ulterior motives. If a robot or machine could own a copyright, why not a house? And if a machine could own property, perhaps the machine should also have additional rights including the right not to be owned at all. These questions raise issues that go to the very foundations of intellectual property law, including the economic incentive to encourage certain activities, and the ‘moral rights’ associating with according to credit to authors. Here all the rights theory of jurisprudential law comes in trouble to figure out the main issue. The same issues may arise with respect to general Artificial Intelligence. If the Artificial Intelligence was self-aware and capable of creative and inventive activity, why shouldn’t other rights be accorded? But it has toregulate these technologies and without restraining innovation. While considering the ethical and legal implications and consequences of the conflict to be resolved for the future complications.
Open Access
Widow’s Right to Property Under Hindu Law: A Comparative Analysis with Other Personal Laws in India
(University of North Bengal, 2021-03) Ghosal, Anupama; Pal, Sreeja
In the ancient Hindu society where widows were subjected to the inhuman practice of Sati, there was no discussion over giving them property rights, and they would be divested of their husbands’ properties. With the advent of the British colonial rulers in India, the widow’s rights started being recognized, first with the Bengal Sati Regulation, 1829 which abolished Sati, followed by the Hindu Widow’s Remarriage Act, 1856. However, widows were still far from getting property rights. Before 1937, the widow of a Hindu governed by Mitakshara and as well as Dayabhaga law had only a right of maintenance in respect of coparcenary property in which the husband had interest. This Paper aims at tracing the evolution of widow’s rights in property from the ancient rules of Hindu Law through the Hindu Women’s Right to Property Act, 1937 of British India and the Hindu Succession Act, 1956 which came up post-Independence of India. The analysis will be augmented by discussions around the recent jurisprudential developments in this regard. Finally, the Paper entails a comparative analysis of widow’s right to property under Hindu Law and other Personal Laws of India.