Indian Journal of Law and Justice, Vol. 13, No. 02

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/4762

EDITORIAL NOTE

 

I am glad to announce the publication of the Vol. 13 No. 02 issue of the Indian Journal of Law and Justice. The Indian Journal of Law and Justice has come a long way in the last one decade from being a national law journal to being an internationally acclaimed journal and from being a mere print version to having a website of its own, namely ijlj.nbu.ac.in. I also announce the indexing of the journal with SCOPUS along with the HeinOnline. Innumerable scholars, academicians and professionals from the field of law as well as other social sciences sector have been relying on this journal for their scholarly publications and have played a pivotal role in their early career success. I along with my highly efficient editorial team pledge to building on the legacy of this journal. With the dawn of the New Year, a few changes in the submission process are expected. We are making an endeavour for online submissions of articles and research papers to improve and expedite peer review. We, as a team, shall continue to remain committed to making it a forum that welcomes scholarship from a diverse and global group of authors, whose ideas are at the cutting edge of law and policy research.

The current issue opens with the issue of judicial oversight on administrative contracts in Jordan authored by Dr. Tareq al Billeh, which highlights the need for the administrative judiciary in Jordan to retreat from its jurisprudence, which states that the jurisdiction of the administrative judiciary has been mentioned exclusively, as these jurisdictions do not include disputes related to contracts of all kinds, including administrative contracts.

The conflict between hate speech and free speech has been taking the centre stage and the issue of cyber hate by drawing a comparison between Malaysia and India has been eruditely presented by Nadia Nabila Mohd Saufi, Saslina Kamaruddin and Niteesh Kumar Upadhyay. On a similar note, S.M. Amir Ali has examined the enabling role played by the judiciary in enriching and deepening the free speech jurisprudence when faced with cases of sedition. The author attempts to trace the genealogy of the sedition law, along with shedding light on the background in which it was enacted in colonial India.

Manual Scavenging remains to date the social evil that has been an obstacle in the road of “India Shining”. Dr. Namita Singh Malik and Dr. Smita Gupta paper on manual scavenging delves into legal institutional mechanisms available in South Asian countries to address the problem of manual scavengers. It also proposes workable solutions to put an end to this obnoxious prevalent practise. Vatsala Mishra and Mayank Singh’s note on Municipal Solid Waste Management traces lacunae of Solid Waste Management Rules, 2016 and questions the insufficiency and the incompetency.

Dr. Sanjay Prakash Srivastav’s “Functioning of Indian Courts and Litigants’ Right to Justice” attempts to unearth what forces are obstructing, or working as a barrier in achieving the goal set by preamble of the Indian Constitution and preventing implementation of statutory obligations relating to speedy justice.

Protection of traditional knowledge with respect to Geographic Indications and The Protection of Traditional Knowledge Bill, 2022 by Dr. Shambhu Prasad Chakrabarty Abhisekh Rodricks and Legal Regimes of Changing Space Security by Jinia Kundu and Dr. Bhavani Prasad Panda delve into unique areas of legal regime in India and abroad.

Special mention of papers on Recognising the Social and Cultural Rights of the Climate Refugees in Sundarban Delta by Mrinalini Banerjee and Dr. S. Shanthakumar and Damming the Rivers Of North Bengal by Soumya Pratik Dutta and Madhumita Dhar Sarkar are due here as they raise the climate change and legal issues with reference to climate refugees and river biodiversity. Also, Siddharth Singh’s paper on “Common but Differentiated Responsibilities” principle of climate change regime highlights the needs for appropriate application of the principle of CBDR to address the concerns of vulnerable countries that are regularly struggling with the threats of climate emergency.

Gyandeep Chaudhury’s research paper on Artificial Intelligence and Copyright/Authorship dilemma raises concerns over inclusion and amendment of Copyright laws to include AI. Akshay Baburao Yadav and Shivanjali Mane’s paper deals with the constitutional right of online streaming of court proceedings and the issues thereto. The paper on cyberspace based cross-border terrorism by Veerendra Mohan, examined efficacy of extant laws to deal with this contemporary form of terror.

Amrita Singh and Dr. Ravi Kant Verma’s commentary on the Triple Talaq verdict of the Supreme Court of India in Shayara Bano case traces the jurisprudence evolved by Indian courts vis-à-vis personal laws and therefore the right to spiritual freedom.

This issue contains two book reviews handled deftly and concisely by two young reviewers.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I express my gratitude again to the entire Editorial Team whose commitment and perseverance made this publication possible.

Suggestions and opinions for the improvement of the journal is solicited.

With Best Wishes

Prof. (Dr.) Rathin Bandhopadhyay
Chief Editor

Browse

Search Results

Now showing 1 - 10 of 17
  • Thumbnail Image
    ItemOpen Access
    Municipal solid waste management: an analysis of current state of affairs in India
    (University of North Bengal, 2022-09) Mishra, Vatsala; Singh, Mayank
    It’s not the insufficiency but the underlying competency that must be questioned. This article endeavors to align the roles of the Legislature, Judiciary and Executive in ensuring effective management of solid wastes. It dives into the ineffectiveness of existing legal provisions and adherence to unscientific norms for waste disposal. The lacunae of Solid Waste Management Rules, 2016 becomes traceable by indiscriminate storage and collection of wastes by waste generator and waste collector discussed intermittently throughout this article, besides exhibiting their ignorance by inviting mismanagement at the stake of healthy environment and life.
  • Thumbnail Image
    ItemOpen Access
    Pros & cons of Triple Talaq: post Shayara Bano judgment
    (University of North Bengal, 2022-09) Singh, Amrita; Verma, Ravi Kant
    “We are the nation which proudly professes about it being the largest democracy and ensures to both men and women equal rights meanwhile it claims itself to be a secular state. However, under all these pretty claims there lies heinous and discriminatory laws which jeopardize the lives of many people who are in most cases unable to earn a living for themselves. The different courts in India have passed various judgements in the cases of Triple Talaq which is not helping the Muslim women as well. Triple Talaq, a patriarchal practice should be banned because first, it is unconstitutional; secondly, it leaves the women who are divorced and dependent in acute poverty; thirdly, it is un-Quranic.
  • Thumbnail Image
    ItemOpen Access
    Cyberspace based cross-border terrorism: an overview of global and Indian legal regime
    (University of North Bengal, 2022-09) Mohan, Veerendra
    Conventional noisy cross-national and continental physical terror attacks have evolved dynamically in a contemporary form of terror power through borderless 5G cyberspace2, leveraging remotely the world web repository, satellites, drones, robots and instant data sharing etc. digital technology, capable of freezing critical native infrastructures including health, financial institutions, energy facilities, and disruption of social harmony and state governance etc. Cyberspace terrorists trained in pervasive vitriolic activities like arousing indignation, separatism, mass sympathy and mobilisation; and hiring, training terror agents, terror fund raising etc., under State agencies like ISI or non-state actors with unfailing synergy have been mercilessly overriding and frustrating the States’ anti-terror laws, endangering the ICT (Information and Technology) domain involving Computer Network exploitations (CNEs) and Computer Network Attacks (CNAs). The author, having experience of four decades, examined efficacy of extant laws to deal with this contemporary form of terror.
  • Thumbnail Image
    ItemOpen Access
    Tracing the “Common but Differentiated Responsibilities” (CBDR) principle under climate change regime
    (University of North Bengal, 2022-09) Singh, Siddharth
    Differentiation has always been a central yet controversial aspect of the climate change regime. It has always remained a cause of deadlocks among the state parties during the negotiations. Countries understood that climate change is a global problem. However, not all nations are equally capable of addressing this menace. Developing and Least Developed Countries (LDCs) requires assistance and time to prepare themselves for the mitigation and adaptation measures. To balance this difference among the countries, the United Framework Convention on Climate Change (UNFCCC) adopted a principle of Common but Differentiated Responsibilities (CBDR). CBDR is an equitable principle that held developed countries accountable for their historical responsibilities while addressing the special needs of the other part of the world. Within twenty-eight years, the CBDR principle has transformed from an authoritarian Kyoto model to a self-differentiation Paris model. Several experts consider this principle to have diluted with its adoption under the latest climate instrument. It was found that the objectives of this principle are yet not achieved. This principle still needs to be applied appropriately to address the concerns of vulnerable countries that are regularly struggling with the threats of climate emergency.
  • Thumbnail Image
    ItemOpen Access
    Damming the rivers of North Bengal: a socio-legal approach towards sustainable use of the river biodiversity
    (University of North Bengal, 2022-09) Dutta, Soumya Pratik; Sarkar, Madhumita Dhar
    North Bengal due to various perennial rivers is an ideal for hydro-power project plants. Dam building in India dates all the way back to the pre-Harappan era. India now has over 5100 major dams, according to the latest estimates from the Central Water Commission. Due to various developmental purposes the rivers of North Bengal in particular lost their natural flow. RoR hydropower plants are 'socially and environmentally benign,' and a useful mechanism to meet water demand. Reforming technocratic water and energy organizations is a very difficult task. To solve these concerns in the near term a stronger organizational framework for environmental and social governance is required and the guidelines need to be framed. Additionally, there is no legislative or administrative structure in place to ensure that evaluation, planning, judgement, economic evaluation, or environmental impact evaluations for the assessment the impact of dams on rivers. Proper planning and implementation are the need of the hour.
  • Thumbnail Image
    ItemOpen Access
    Artificial intelligence: copyright and authorship/ownership dilemma?
    (University of North Bengal, 2022-09) Chaudhary, Gyandeep
    Along with new creative opportunities, various new legal challenges have been created with the introduction of sophisticated Artificial Intelligence (AI). Computer programs like Google’s Deep Dream create unique and intricate artworks, which is hard to distinguish from human creations. The law is not unaware of artificial intelligence problems; our legal framework is not developed to resolve AI’s rapid development issues. The problem is that our legal system has no answers to apparently uncomplicated questions such as “Who is the creator of a machine-produced painting using AI?” The law does not ignore artificial intelligence problems; our legal framework has not been developed to resolve concerns relating to rapid AI development. Modern copyright laws have been drafted in such a fashion as to take originality into account as a manifestation of the author’s identity, while originality is one of the necessary conditions for copyright subsistence. So, what if we get the personality out of the equation? Do machines create works without copyright? Do we have to amend the copyright law in order to incorporate AI under its ambit? This article will explore these and other questions and potential solutions to the existing problem at hand; who is the author in the case of AI-generated works?
  • Thumbnail Image
    ItemOpen Access
    Recognising the social and cultural rights of the climate refugees: a case study of the Sundarban Delta (West Bengal, India)
    (University of North Bengal, 2022-09) Banerjee, Mrinalini; Shanthakumar, S
    Climate change is now a global challenge and climate refugees are one of the prime stakeholders to who face the brunt of it. Apart from being legally unrecognized, the climate refugees are also socially and culturally affected from their untimely displacement. While analysing the international human rights conventions/ treaties, the authors have established how these conventions/treaties can be interpreted for protecting the social and cultural rights of the climate refugees. This article also focuses on exploring ways to safeguard the human rights of people affected during such times of crisis. The article further elaborates on this issue by narrating a case study of the climate refugees residing in the Sundarban Delta (West Bengal, India).
  • Thumbnail Image
    ItemOpen Access
    Online stream and recording of court proceedings: a constitutional right
    (University of North Bengal, 2022-08) Yadav, Akshay Baburao; Mane, Shivanjali
    The judiciary takes a prominent role in every democratic country. The meaning of democracy is vague without independence and propend judiciary. The judiciary endorses to maintain check and balance between the executive and legislative. Besides all this, now the situation like Covid 19 makes the system more aggravate. To avoid this, India has to take the alternative in this digital era. Our attitude towards the court system has been developed in such a way that, when the word judiciary comes to our mind, we start to create the image of courtrooms in our mind. Virtual judiciary is another form of deliration of justice without any physical existence of the court room. This paper lays down emphasis on the Constitutional Right to Access to Justice especially by means of draft Model rules of Live Streaming and Recording of Court Proceedings published by ECommittee, Supreme Court of India, Information and Communication Technology in Indian Judiciary on 28th May 2021. Further it analysis the international best practices to find out the challenges and remedies revolving around the online streaming and recording of court proceeding which promotes reinforcing of public faith, transparency in Judicial System. This paper neither favoring online court proceedings or nor critiquing the traditional court proceedings. But the paper tries to balance between global development, technological advancement and hit of pandemic during that. It also takes bird eye view on judicial decisions. Lastly paper ends with personal analysis and suggestions regarding the possible challenges and remedies.