School Of Legal Studies And Governance

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Browsing School Of Legal Studies And Governance by Author "Chauhan, Deepak Kumar"

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    Groundwater conservation : Response of legal and policy framework in india
    (Central University of Punjab, 2018) Jitin, V.J.; Chauhan, Deepak Kumar
    In India groundwater is an important and major source of water supply for industrial, agricultural and household purposes. The drinking water supply and irrigation schemes are largely depended on this groundwater. Several studies, reports and assessments carried out by different agencies revealed that the rate of depletion and contamination of groundwater is higher in several parts of the country. In India prevalent rules and regulations on water resources are very few and applicable only to the surface water. Certain State legislations on groundwater conservation are also in force but they are incapable of addressing the comprehensive groundwater conservation strategies because of several reasons. The transboundary impact of the groundwater depletion and contamination further necessitates a national legal framework. The dimensions of right to safe drinking water also appeals for a national legal framework. This study explores the legal and policy framework on groundwater conservation in India and also analyses the initiatives taken to reform the water law framework. The legislative capacity of the Parliament is found in Article 253 of the Constitution to frame a comprehensive water law framework which addresses the conservation and management of groundwater resources.
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    Impact of laws, awareness and local participation in prevention and control of crop residue burning: A case study of bathinda district
    (Central University of Punjab, 2018) Sidhu, Ramandeep Singh; Chauhan, Deepak Kumar
    The present study entitled 'Impact of Laws, Awareness and Local Participation in Prevention and Control of Crop Residue Burning: A Case Study of Bathinda District' is an attempt to explore the serious environmental and agricultural issue of 'crop residue burning' in relation to 'laws, awareness and local participation' in Punjab. Crop residue burning is one of the significant sources of air pollution particularly during harvesting season. It is important to mitigate impacts of burning of crop residue in open fields and its effect on soil, air and living organisms. It adversely affects the air quality, leads to nutrient loss, degrade soil properties and cause waste of residue that is now considered tremendous resource worldwide. There are various laws to control air pollution in India, including, Air (Prevention and Control of Pollution) Act 1981; The Environment Protection Act 1986; Biological Diversity Act 2002; National Green Tribunal Act 2010 and various provisions are also available under other Acts such as Criminal Procedure Code, Civil Procedure Code and Indian Penal Code. Under these different Acts, various provisions are made to protect the environment from all kinds of pollution generated by industrial and agricultural activities. Disposal of crop residue in a very short time available between harvesting of rice and sowing of wheat is a potential problem for the agriculturists in the rice-wheat cropping pattern, which is widely practiced in all the districts of Punjab. Other available options lack motivation and feasibility and farmers find it easier to opt for burning the residue in open fields. The impact of existing laws, awareness and local participation is very less as compared to the severity of the issue. The impact of crop residue burning need to be arrested fast through various strategic policies, scientific, technical, social and legal measures for sustaining and protecting environment and agricultural resources of the state.
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    Implementation of CSR Legislation in India through the Lens of Its Beneficiaries: A Case Study of Malwa Region, Punjab, India
    (Oxford University Press, 2020-09-11T00:00:00) Kumar, Nishant; Chauhan, Deepak Kumar
    This study examines how the Indian CSR law has been implemented and enforced by companies and industries situated in the Malwa region of Punjab state in India. Malwa region, one of the most industrialized clusters of the state, is also simultaneously one of its most polluted areas. Given the severe health effects that these polluting industries cause, implementing the law on CSR in its true spirit is of grave importance. This study uses in-depth interviews of the intended project beneficiaries to determine the state of implementation of the Indian CSR regulatory framework for the selected geographical region. Using the above methodology, this article suggests that businesses should strive at mitigation of the risks of their production and manufacturing activities to the community and the environment. Rather, CSR is viewed by companies as donating part of the companies' profits to CSR activities, and undertaking social-welfare activities to meet statutory obligations. Hence, this article further determines that there is a need to implement the CSR law in its true spirit by developing an understanding among the companies on the concept and importance of CSR, which goes beyond profit donations. This article concludes with several policy recommendations that can be utilized by the government to strengthen the state of implementation of the law in not only the Malwa region, but also the entire country. � The Author(s) 2020. Published by Oxford University Press. All rights reserved.
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    Implementation Of Laws & Policies On Mobile Towers & Mobile Phone Radiation Levels In India: A Case Study Of Bathinda City
    (Central University of Punjab, 2018) Garg, Akashdeep; Chauhan, Deepak Kumar
    Mobile phones are now an inevitable part of our day to day life. Besides being a communication device it is also being used for information and entertainment purposes. With the advancement in the telecommunication sector, the number of mobile towers and base transceiver stations has also increased significantly. This increase introduced the society to an unwanted evil i.e. radiation being emitted from the antennas of the mobile towers. Numerous studies show the ill effects of the radiation emitted from the mobile towers on the health of human beings as well as animals. The present study is an attempt to check the implementation of Laws & Policies available in India regarding the radiation from the mobile towers and infrastructural guidelines relating to the same. The study concludes that all the mobile towers situated in Bathinda City are radiating within the limits prescribed by the Department of Telecommunications (DoT). The study further shows that all the mobile towers taken as a sample are also in compliance with the infrastructure guidelines issued by the DoT. It is observed during the study that a large number of towers were operator certified towers. It is suggested that all the towers should be certified based on the tests carried out by the DoT rather than on the basis of the self-compliance certificate submitted by the operators. If due to certain procedural of financial issues it is tough to implement then it is further suggested that the certification done by the operator shall be cross-checked by the DoT at least once in a year to verify the authenticity of certificates submitted by the telecom operators