Law - Master Dissertation

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Corporate Social responsibility and its compliance mechanism with reference to environment protection in India: A case study of National Fertilizers Limited, Bathinda
(Central University of Punjab, 2018) Kaur, Gurveer; Chauhan, Deepak K.
The concept of Social Responsibility can be traced back into the ancient times. It was discovered by various scholars that while doing any business transactions and for the smooth progress of trade and commerce the wider goals of public interest are taken into consideration. Jesus stated that wealth encourages greed and selfishness and it does not lead to the true happiness. Today's world is facing dramatic economic, social and environmental challenges. Business ethics are gaining more importance in business sector but their goals are an integral from the societies and environment with in which they operate. The environmentalists have always been trying to protect the environment from various human actions which are uncertain in nature. This approach of the environmentalists is in favour of development of society by adopting industrialization but in a sustainable way. Industries affected environment more than any other activities, therefore, sociolegal reforms are being adopted and efforts have been made to enact and amend various laws. These laws and policies have been made, keeping in view the problems of the increasing environmental pollution and lessen its effects. Some of the specific provisions in the laws have fixed the liabilities of Industries and like organisations to compensate or re-establish the actual or natural situation in the environment. To deal with those companies section 135 of the Companies Act, 2013 plays a very important role as it states Every company that would have net worth of Rs 500 crore or more, or turnover of Rs 1000 crore or more or a net v profit of Rs 500 crore or more during any financial year shall have to constitute a corporate social responsibility committee with a board consisting 3 or more directors, out of which one has to be an independent director. The CSR Committee shall formulate and recommend to the board activities to be undertaken by the company as specified in schedule VII. The amount of expenditure should also be recommended. The board should also monitor the CSR policy of every company. The policy and the activities are to be disclosed on the company's website. The board have to make sure that the company must spend at least 2% of the average net profits of company made during three immediately preceding financial years for its CSR policy. Company must give preference to its local areas for the spending of CSR amount. If the company fails to do so, then it must justify its reasons for not doing so. To conclude this all an interview was conducted though which it came to conclusion that National Fertilizers Limited Bathinda is working honestly to fulfil their responsibility towards society and the work done by them is appreciable. It is a direct advantage towards society.
Protection Of Consumers' Rights In The Era Of E-Commerce
(Central University of Punjab, 2018) Anjali; Kaur, Sukhwinder
In absence of central legislation there have been many drawbacks present in tender process like corruption, unwanted exercise of discretionary power, favouritism, etc. So in order to check such lacunas the judiciary played a vital role in plugging the loopholes in tender process and also maintained the balance in the society through its judicial approach. This work ventures to present the impact of judicial such approach in maintaining transparency and fairness in tender process in India as supplementary to the regulatory provisions.
Triple Talaq in India: (A Study with Special Reference to Shayara Bano Case, 2017)
(Central University of Punjab, 2018) Shehnila; Kaur, Sukhwinder
The agenda of the Triple Talaq is very sensitive among the Muslims across the world including India. The Holy Quran contains the different provisions of talaq. It is provided in Quran that Triple Talaq can be given in three instalment procedure period i.e. after first pronouncement next pronouncement has to be made in next month and the third in third month during the menstrual period of a wife (Tuhur). In spite of having stated provision of triple talak in Quran, instant triple talak has been permitted, which end-ups the marital life in a single step without providing any opportunity to rethink upon the decision. The practice of immediate triple talak is mainly common among Sunni Muslims and is consider to be valid. Yet, the Muslims scholars call it talaq-e-Bidat. The unwanted cases of some Muslims women's instant talak have took the attention of the worldwide i.e. by mail, over the telephone, and even through mobile phone text messages. This work focuses upon the different theories of divorce prevailing in the contemporary Muslims world and upon the restraints imposed by the Islam over the exercise of husband's power to talaq. The dissertation work critically appraises the innovative triple divorce by examining whether it is sanctioned by the Holy Quran or the Sunnah and if there is a consensus of opinion (ijma) on the effectiveness of triple divorce.
CSR In India: A Comparative Study Of Public And Private Companies With Reference To Section 135 Of Companies Act During 2014-17
(Central University of Punjab, 2018) Kumari, Rambha; Pathak,Puneet
avoid the possibilities of turning discretionary power into arbitrary power and the mal practices which may crop up in the procurement process. Though procurement process plays a very vital role in development of the country but yet India does not have any uniform law on it which could be applicable throughout the whole country beside the CVC guidelines and General Financial Rules. But now a days some states like Kerala, Rajasthan & Karnataka have framed the statutes to maintain transparency in tender process but still many are left behind.
Critique Of Power Of The Court To Refer Parties To Arbitartion Under The Arbitration And Conciliation Act, 1996
(Central University of Punjab, 2018) Upadhyaya, Vriti; Arora, Tarun
Tender is a process in which a competent authority of the government as authorised by it invites a bid which is generally in terms of contract law is an invitation to offer whereby the private participants makes their best possible offer to the competent authority and out of such offers best of best is accepted which is both economically and socially is in general public interest by this way the individuals are also give opportunity to develop more and more while trading with the government.
Right To Privacy Vis-A-Vis Data Protection With Special Reference To The Aadhaar (Targeted Delivery Of Financial And Other Subsidies, Benefits And Services) Act, 2016
(Central University of Punjab, 2018) Shukla, Nitin; Pathak, Puneet
Privacy is one of the important rights naturally inherited by human being, it has many facets which depend upon the society and person's personal limitation, as the right privacy is recognized under the various international and regional human rights instruments as well as in the constitution of various states. Now, privacy in India stands as the fundamental right under the right to life and personal liberty Article 21 of the constitution of India. Rapid technological advancement in 21st century led to drastic change in the life style of individual. In the era of Information technology, where life is much dependable on technology and various biometric and demographic information is available in the form of data, the issue of privacy of such information is crucial due to the vulnerability of such information. However the gravity of privacy depends upon the data transmitted and the nature of metadata. Under various programme of digital India, Aadhaar project is one of the leading projects to develop the secure and fair system of identity by Government of India for delivery of various services, benefits and subsidies to its citizens. The data collected under the Aadhaar project includes biometric and demographic information of citizen. Such data is sensitive in nature and need exhaustive policy iv and mechanism in order to avoid its misuse. Analytical and descriptive method of research are applied during the research. Privacy is the intrinsic part of liberty and human dignity. Though privacy is vital in one's life but it should be balanced with the larger interest. Although Aadhaar Act, 2016 aimed at the delivery of essential services to targeted beneficiary adequately, But the Act has certain loopholes in reference to data protection. Urgent need to revisit the Act in present scenario.
An Analysis Of The Working Of CCI in Reference To Abuse Of Dominant Position In Media And Entertainment Sector During 2009- 2017
(Central University of Punjab, 2018) Verma, Pratibha; Pathak, Puneet
Problem relating to abuse of dominant position by an enterprise is present in almost every country in the world. Dominant position is the position of strength enjoyed by any enterprise in the market. It enables him to function independently of the various competitive forces that are prevalent in the market, or affect its competitors or consumers or the relevant market in its favor. Earlier MRTP Act, 1969 was in existence to prevent the concentration of economic power to the common detriment; to control monopolies and to prohibit monopolistic, restrictive and unfair trade practices. But this Act didn't mention abuse of dominance, cartels, collusion and price fixing, bid rigging, boycotts and refusal to deal, predatory pricing etc. Moreover it didn't contain any express provision for the application of the Act on any anti- competitive conduct outside India and affecting Indian market in an adverse manner. On the basis of the recommendations of the Raghavan committee, government of India enacted Competition Act in 2002. Competition Commission of India is the nodal agency under the Act to deal with the problem of abuse of dominant position. It started its working in 2009. 868 cases have been filled in the Commission up to 2017 regarding contravention of the provisions of the abuse of dominant position. The present study analyses the working of CCI in regard to abuse of dominant position
Legal Status Of Refugee In India: A Study Of Rohingyas
(Central University of Punjab, 2018) Menanwal, Vikrant; Pathak, Puneet
During the last century, the world is witnessed the large number of displacement of human race. Still the world witnessing the highest level of displacement around the world. According to UNHCR annual figure, 2017 early 20 people are displaced every minute as a result of conflict or persecution. It figured 65.6 million people worldwide have forcibly displaced from their homeland. Since independence, India has been the favorite destination for refugee in South Asian region due to its historical, geographical, political, economic and other reasons. According to UN Rohingya refugees are considered to be stateless minority community and possibly the most persecuted around the world. Recently, the issue has been highlighted in international and national media regarding Indian response to deal with the issue of Rohingyas. The present work highlighted the Indian trend toward handling refugee in the absence iv of any specific legislation and non- signatory of international instruments regarding to refugee. In the light of above- mentioned government position, it specifically focuses on government trend to tackle the problem of Rohingyas.
Impact Assessment Of Judicial Approach Towards Tender Process In India
(Central University of Punjab, 2018) Singh, Satish; Arora, Tarun
With the growth of population the need for infrastructural and other development has also arisen much and it has created an over burdened responsibility upon the government. Thus, the government had in order to come out of such over burdened work had adopted the measure of tender process through which it invites the private participants in the developmental projects.
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.
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.
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

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