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Author: search.filters.author.Mondal, Champa

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    Rights of Hawkers: A Study under the Indian Legal Framework
    (University of North Bengal, 2021-03) Biswas, Sujit Kumar; Mondal, Champa
    Hawkers form an integral part of the urban economy. Majority of the population depends on hawkers for affordable goods and services. Hawking constitutes a sizable proportion of the informal sector and creates opportunities for entrepreneurship and self-employment. It is not only considered as a source of self-employment to the poor in cities but also an ‘affordable’ as well as ‘convenient’ means of livelihood to majority of the urban population. According to the Periodic Labour Force Survey of 2017-2018, there were around 11.9 million hawkers in India of whom it is the women who constitute a larger portion of these hawkers. Despite such a massive population being engaged in such occupation, hawking is characterised by uncertainty, extortion, and low standards of regulation. Therefore, it is necessary to observe whether these hawkers have been granted with any rights under the Indian legal framework. The study, therefore, focuses on the rights granted to the hawkers under the Constitution of India and under various legislation of India. It also examines those remarkable judicial pronouncements which uphold the rights of the hawkers. Special significance is given to the national policies framed by the Government of India to protect the interest of the hawkers. The study analyses the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. At the last but not the least, the study also focuses on the recent issues and challenges faced by the Government to address Covid-19 impact on the hawkers and provide some suitable suggestion to this respect.
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    The Constitution and the Indian Society: A Balancing Transformation
    (University of North Bengal, 2020-03) Mondal, Champa
    Law and society both are dynamic concepts. The purpose of law is to regulate the conflicting interest of the society which is ever changing andevery subordinate law regulating them derives its authority from the supreme law of the land i.e. ‘the Constitution’ which sets out the noble vision to be achieved by the respective Country. Therefore, Constitution consists of several principles for establishing stronger polity and better governance of the society. The framers of the Constitution of India, while framing the Constitution, has incorporated sovereignty, federalism, socialism, secularism, fundamental rights, directive principles, independent judiciary, parliamentary form of government as the basic principles of Constitution, in order to achieve the objective that are laid down in the Preamble of the Constitution of India. The purpose of the study is to look into the modification, variation and alteration that have been made, by way of amendment or repeal, in these principles from the day the Constitution of India came into existence. An attempt has been made to analyse those areas where the social changes impacted upon these principles of the Constitution of India and how these principles has transformed the society as well. In so doing theIndian independent judiciary has played a remarkable role of balancing between the two from the beginning....