Indian Journal of Law and Justice, Vol. 12, No. 01

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/4135

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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    Development of Sustainable Energy in India: Steps to be Taken
    (University of North Bengal, 2021-03) Raju, V Surya Narayana
    Sustainable energy is the energy that meets the needs of the present generations without compromising the ability of future generations to meet their own needs, source that renew themselves, rather than sources that can be depleted such as Wind, Solar, Water, Bio-energy and geo- thermal energy etc. Usage of sustainable energy will not only decrease the energy crisis but also help to better the climatic and environmental conditions. The dedication to promote sustainable energy requires supportive policy and legislative framework. The Indian government is taking certain initiatives relating to energy sector particularly in order to develop renewable energy resources. This approach towards the development of verticals of sustainable energy is very encouraging. The steady and systematic development of non- conventional energy resources will give fruitful results for securing the better future. One of the main reasons for exploring the non- conventional energy resources or sustainable energy resources, because these resources are environmentally as well as economically sustainable by comparison with the conventional energy resources. The research paper will trace the development of sustainable energy in India, explores the provisions of renewable energy sources and concentrates on developing the idea of sustainable energy in comparison to other existed resources. In conclusion, it highlights what kind of paradigm shift would be required to be strengthened legal as well as policy making for securing better future in the field of sustainable energy.
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    Relevance of Consumer Protection Act, 2019 in E-Commerce
    (University of North Bengal, 2021-03) Patra, Chinmay
    Advancement in technology and modern consumer behavioural pattern has replaced the traditional mode of buying and selling practice of the consumer with the online mode of shopping which gives ease to the customer, to shop while sitting at his own space and placing order online and there after the product gets delivered at the customers address as opted. But this new technology-based shopping also brought many hassles to the customise online frauds, fake products, sub-standard products, debit card and credit card account hacking, no guarantee and warranty on products, jurisdictional issues, dubious product return policy, etc. In order to protect the interest of the Consumers, it was felt necessary to establish an adjudicatory mechanism to redress the grievance and issues of the consumer. Hence the Consumer Protection Bill came to existence on 1st of April 2020 after framing of the Consumer Protection Rules by the Central Government, for effective implementation of the act. This paper intends to highlight the issues which have not been addressed in the amended version of Consumer Protection Act 2019.
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    Swachha Bharat Abhiyan and Affordable Housing for the Slum dwellers and EWS: Legal Challenges
    (University of North Bengal, 2021-03) Kumari, Leena
    Shelter and Sanitation have remained major challenges before the Government of India. The growing trend of urbanisation has further presented problems for the poor people in terms of place of residence and cleanliness. This Article examines the recent initiatives of Government of India relating to ‘Affordable Housing for All’, ‘Swachh Bharat Abhiyan’ with respect to the latest rules framed for solid waste management, namely Solid Waste Management Rules, 2016. It examines the legal challenges relating to applicability of solid waste management rules with special reference to slum dwellers and to economically weaker sections of people. The central argument in this article is that the legal challenges in the application of new rules on solid waste management are real and need to be removed.
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    Water and Women's Right in India: An Eco-Feminist Approach
    (University of North Bengal, 2021-03) Lama, Neelam
    Water scarcity is the most widespread and serious of all the ecological disasters on the planet, and it requires immediate attention for human survival as it is affecting almost every continent causing growing concern around the world. The author would emphasise the importance of women in conserving water in this paper because they are profoundly linked to nature due to their similar life-giving biological processes. Against this background, this paper will discuss the primary role of women in the restoration and protection of the environment through joint efforts and plans, particularly in the era of water scarcity, and how eco-feminism, a branch of feminist theory, can help to solve the water scarcity if they are given proper awareness and training.
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    Critical Review on Indian Agricultural Policies with Special Reference to Women Farmers
    (University of North Bengal, 2021-03) Saha, Bhaswati
    Due to out-migration of male labour role, responsibility and participation of women in agriculture at household level are expanding day by day.According to OXFAM report, women, who are economically active in India 80% women engaged in Agriculture and allied activity. But till women’s labour remained unrecognized and invisible in the agricultural sector. In this context, proper planning, efficient policies, play a significant role to carry out agricultural activities effectively. After Independence the government introduced the different initiatives in the form of Five Years Plans, Schemes etc. which emphasized to empower Women farmers with food security and motivated to organise SHGs to enhance access to their technological, entrepreneurial skills and access microcredit facilities. These plans concern with principle aim of reducing gender gap in agricultural and allied sector, ensuring their land rights, eradicating women’s work drudgery. National Commission on Farmers, National Policy on Women farmers have been facing new challenges in the capitalist farming system with traditional patriarchal values. The Women Farmers Entitlement Bill, 2011 focused on land rights, water rights, credit and technological rights. Government of India has taken several steps to improve the overall condition of agriculture in India. Because of unsupportive social system, caste system, and in efficient administrative practices, the policies initiated by the Government are yet to achieve desired goals.
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    Finding the Ratio between Law as an Instrument of Social Change and Social Changes that Germinated Law: A Unique Indian Scenario
    (University of North Bengal, 2021-03) Chatterjee, Biswajit; Bandyopadhayay, Bidisha
    The main objective of this paper is to study the way how law and Indian society had interacted with each other during colonial and post-colonial era. While doing so this paper examines why groups seeking social reform have resorted to different movements, litigation which eventually germinated law, and whether and how court-made law has contributed in social engineering. From a sociological perspective, an attempt has been made to treat law in its institutional, historical, socio-cultural, and politico-legal systems and analyze its dialectics with the ever changing Indian society in its broader structural setting. Finally, an attempt has been made to find out the ratio between the spheres where “law changed the society,” and where “society changed the law.”
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    Participatory Governance through Women’s Representation in Gujarat: Assessing the Role and Relevance of Government Initiatives since 2000
    (University of North Bengal, 2021-03) Ahmed Raza
    The underrepresentation of women in the decision making process always amounts to be sensitive and patriarchal issues in a society as it totally violates the notion of equality. After 74 years of independence in India, the issue of poor representation of women in political system remained same or inadequate as compared to their population ratio, although, efforts in the form of reservation, awareness and laws are continued. The paper has chosen Gujarat as a case study in order to explore the rationales behind decreasing trend towards women representation in Gujarat state assembly election and Lok Sabha election held in 2017 and 2019 respectively. Though, representation of women through 50 percent reservation has been a successful in local bodies including Gujarat. This paper also made an analysis of legal and institutional steps carried by Gujarat government since 2000 towards empowering women for ensuring their inclusiveness in the decision making process.
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    Approach and Contribution of Justice Hidayatullah to the Freedom of Speech and Expression
    (University of North Bengal, 2021-03) Pandey, Harish Chandra
    Justice Hidayatullah spoke with rare courage on delicate issues including restrictions of freedom of speech and expression in the interest of democracy, morality and contempt of court. In his opinions he consistently insisted upon the fullest protection being extended to individual rights. He delved deep into the foundation of the law and analyzed the underlying principles with clarity and precision. By his judgments he made priceless contribution to legal literature especially in the area of freedom of speech and expression.
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    Socio Legal Study of Community Policing in India with Special Reference to the State of Meghalaya
    (University of North Bengal, 2021-03) Singh, Arun Kumar
    India is a welfare state where the safety of the people is very essential. To maintain the safety of the people the role of police is very crucial. However, people hesitate to develop relationship with police. To remove the hesitation from the mind of the people the community policy plays a very important role. It is found that there is gap between police public relationship. This gap can be bridged when various community related programmes are organised where both police and public should actively participate. Through Community policing mutual trust develops in the mind of community and police which helps to create positive attitude towards police. To make community policing successful there is requirement of police reform. Supreme Court of India has also issuedguidelines to stop undue interference of politicians and ensure appropriate policy directions. State of Meghalaya being a tribal state is having better police public relationship in comparison of other States.