Indian Journal of Law and Justice, Vol. 12, No. 02

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/4197

EDITORIAL NOTE

As the world still reels with the global pandemic, the Indian Journal of Law and Justice (ISSN-0976: 3570) proudly steps in its eleventh year. Over the past ten years, the journal has strived to contribute to the academic discourse surrounding legal and multi-disciplinary issues in the Indian Sub-continent as well as globally by publishing articles by both students and established scholars, as well as domestic and international authors.

Already recognized by the UGC and included as a CARE-Listed Journal, the Indian Journal of Law and Justice, since 2019, has achieved the feat of being acknowledged by the internationally acclaimed online database and journal, HeinOnline. Anyone with a subscription of HeinOnline, now can access the Indian Journal of Law and Justice.

IJLJ welcomes articles that promote a better understanding of legal phenomenon and legal decisions made by judges, courts or regulatory agencies. Theoretical papers are welcome, provided they have a strong basis in law and allied social issues. We also accept case studies as well as empirical analyses – including empirical investigations. While IJLJ does not favour any particular topic, it does have a focus on new and emerging problems. Themes and issues based on Indian Sub-Continent as it is felt important to exploit the sub-continent’s considerable institutional diversity in order to build a more robust body of theory and empirical evidence. However, we do not wish to confine ourselves to the above; the purpose of the journal is also to showcase the diversity of legal issues as supplied by an international mix of authors.

The present volume of the Indian Journal of Law and Justice raises concerns over some of the emerging global social and legal issues like Cyber Security in Aviation with special reference to European Air Traffic Control, Digital Currency, Land Reforms in Andhra Pradesh, Crypto-preserved Pre-embryos and Legal Regime in Blood Transfusion. Along with these, there are other papers which take us through a diversity of subjects like Joint Forest Management and Community Participation in India, Significance of TDPS in Indian Legal Regime, Accountabilty of Civil Servants, Illegal Migration and Issues of Citizenship, Realising rights of Senior Citizens, Land holding Rights of Women in India, Right to Privacy, Child labour in Asansol, Child Rights in Armed Conflictsand Impact of Globalisation on Women Workers in Agricultural Sector.

One can enjot short reads on Labour Rights under the Labour Code of India and LGBTQ Movementin India which have been included in the Notes and Comments section. Book reviews on “The Power of Precedent” authored by Michael J. Gerhardt and “Law relating to Sexual Harassment at Work” by Alok Bhasin, have been contributed by two young authors for the issue.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I would also like to express my gratitude 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

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    LGBT Movement in India: The Journey towards an Inclusive Society
    (University of North Bengal, 2021-09) Das, Sagnika
    Equality in the society between the individuals irrespective of race, sex, religion, caste, place of birth or colour is a sign of a progressive society as it lays the path towards stability and harmony. Every human being has the right to be treated equally. However, Social hegemony2has tendency to exclude persons with “differences” which violates their inalienable Basic Human Rights. Till the year 2018, the LGBT community in India was suffering from exclusion. These people were considered to be either sex workers or criminals. They demanded a positive radical social change. The LGBT movement took the urge for tolerance and inclusion to a whole new level. The judiciary responded to their plea for equality first in Suresh Kumar Koushalv. Naz Foundation3 which culminated in Navtej Singh Johar v. Union of India4 where the Supreme Court upheld the constitutional rights of the LGBTQ+ people. In this backdrop, the present paper intends to point out the factors which led to inclusion of the LGBTQ+ community and led to social transformation.
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    Study of Child Rights in Armed Conflicts under the International Legislative Framework
    (University of North Bengal, 2021-09) Biswas, Dolly
    Protecting children in conflict is a key concern for international children's legislation and its implementation today, with over 250 million children living in conditions of armed conflict. The international legal measures that safeguard children during armed conflict are examined in this article. It examines the general legal rights afforded to children during times of conflict, particularly their access to critical resources for their physical and mental well-being (such as medical treatment, food, and clothes) and to developmental activities, including education. It also looks at how international law prevents children from becoming involved in armed conflicts, including the restriction on their recruitment and use in hostilities, as well as how children who are captured or detained should be treated. The article concludes with a brief description of how, over the last few decades, the protection of children in armed conflict has grown to be a major worldwide problem, particularly within the UN system.
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    Realising the Rights of the Senior Citizens: An International Human Rights Law Perspective
    (University of North Bengal, 2021-09) Bhowmik, Sarbani; Bhattacharjee, Ripon
    The senior citizens throughout the world face the maximum challenges, abuse and discrimination restricting the realization of their human rights and thus, categorizing them into the vulnerable groups. Ageing is a natural phenomenon yet the aged population are traditionally concerned as burden and problems because they are nonfunctional, non-productive and non-active. Amongst the vulnerable groups, the United Nations has time to time recognized and revised the human rights pertaining to women, children, migrant workers and persons with disabilities but negligible focus has been given on the rights of the senior citizens as a distinct category concerning their deserving rights, extraordinary care and protection under the ambit of human rights law. Even though the rights of the senior citizens have been neglected but over few years they have become a popular agenda of professional media, NGOs and certain States which have pushed United Nations to identify the special rights, care and protection of the senior citizens in the international scenario. However, they are not adequate; reforms and revisions are yet to follow. Due to decline in mortality rate and longer life expectancy there has been an unprecedented growth in the world’s senior citizen’s population thereby making their group a more prominent one wherein realization of their human rights becomes inevitable. This paper intends to focus on the plight of the senior citizens from their jeopardized rights so that they get the spotlight and priority both from the national and international scenario in their generic framework. This paper would mainly focus on the contributions of the senior citizens and their rights by the virtue of being a human. It will examine the key features of the United Nations Convention on the Rights of Older Persons and other instruments that compromises the care and protection and the rights of the senior citizens both in the international as well as national scenario. And finally, it will evaluate the gaps and discuss the optimistic contemporary attitude to describe old age as a productive category, rather than being a burden, with a new social meaning and positive attitude.