Department Of Law
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Item Legal Framework for Conservation of Biodiversity in India(Springer Nature, 2022-09-15T00:00:00) Arora, TarunIndia being a signatory to the Convention on Biological Diversity (1992) owed an obligation to upkeep its legislative, executive, and judicial mechanism to perform its threefold objectives, i.e. conservation, sustainable use of biological resources, and sharing fair and equitable benefits arising out of the use of resources. Being the pioneers of framing biological diversity laws to protect its biological diversity, India emerged as a global biodiversity leader. The preamble to the Biological Diversity Act (2002) reiterates the commitment of the Government of India to protect and preserve its natural resources. The chapter discusses the legal aspects of conservation and sustainability of biological resources on Indian soil. It further stipulates the framework for ensuring compliance with the principle of fair and equitable benefit sharing through its access to the benefit-sharing mechanism. The significance of scientific research and technology in conservation and sustainable use of biological resources have been precisely elaborated in the chapter with the help of relevant provisions. The chapter gives a bird�s eye view of the legal implications of the Biological Diversity Act (2002) on the research fraternity working in the sciences., law and other relevant disciplines. It elaborates the procedure of accessing the biological resources and also provides critical insights highlighting the grey areas for proper implementation of the Act and realization of its objectives to conserve and ensure sustainable use of the biological wealth of India. � Indian National Science Academy 2022.Item Pandemic and community�s sense of justice through suo motu in India(Routledge, 2021-12-20T00:00:00) Arora, TarunAn ideal citizen centric society wedded to the democratic governance always keeps its laws in motion to build an egalitarian and just order. Aesthetic virtue of law lies in the realisation of justice and the creation of an egalitarian order. Against this backdrop, the present paper aims to examine the approach of the Supreme Court of India (SCI) towards COVID-19 Pandemic through suo motu proceedings from various perspectives of jurisprudence and constitutionalism. The government claimed to have strived intensively with full vigour but the response due tolack of preparedness and intense gravity of the catastrophe, the efforts of the government appeared negligible. It warranted prompt revisit of priorities which compelled the SCI to intervene and evaluate the legitimacy of the executive action. Furthermore, it impelled to examine the role of the SCI in responding to the community�s sense of justice and humanising justice. The paper presents the solution to the paradox generated out of the inherent friction between constitutional authority of judicial review and resistance of judicial review of executive actions by a populist government. The scope of the discussion has primarily been confined to Orders of the SCI in suo motu hearings and examined accordingly. � 2021 Informa UK Limited, trading as Taylor & Francis Group.Item Legal Regime on Pharmaceuticals in the Aquatic Environment in India(CRC Press, 2023-09-12T00:00:00) Arora, Tarun; Garg, TriptaPharmaceuticals enter into the environment during different phases of their life cycle such as stage of manufacturing, use and disposal. Whereas the research and development, clinical trials and other production processes result in entry of pharmaceuticals in environment, their irrational use and improper disposal (flushing of expired or unused drugs in toilets, sinks or throwing in dustbins) also carries serious implications in the context of the environment, including water pollution, disturbance in natural equilibrium by adversely affecting food chain, anti-microbial resistance, feminization of fishes and so on. Against this backdrop, the chapter deals with legal framework concerning regulation of entry of pharmaceuticals into the aquatic environment. The chapter underlines the scope of the state�s obligations to anticipate risk, reduce its negative implications and ensure accessibility to the pharmaceuticals as live saviors. It underscores the relevance of fundamental principles of international environmental law and international law on sustainable development followed by the Indian legal framework dealing directly and indirectly with the issue. The national framework consisting of the constitutional provisions, substantive and procedural aspects of criminal laws, civil law, sectoral and framework environmental law along with delegated legislations dealing with solid waste, hazardous waste, bio-medical waste has been elaborated and concluded with judicial approach towards pollution caused by the pharmaceutical industry. � 2024 selection and editorial matter, Vinod Kumar Garg, Ashok Pandey, Navish Kataria and Caterina Faggio; individual chapters, the contributors.Item Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala(Department of Law, University of North Bengal, 2022-03-01T00:00:00) Arora, TarunJustice is an attribute, in other words, a value addition to the dignity of life. Underscoring the vitality of this virtue of governance, the Constitution of India places it as the foremost goal of the polity. The juristic connotations indeed envision Constitution as a leveler lifting the veils from age old traditions of subjugation of women. Various provisions of the Constitution reflect gender neutrality as well as affirmative clauses of enabling nature equipping the State to take special legislative and executive measures for special classes or categories. Undoubtedly, the purpose of these clauses is to ensure a transformation not only of polity but also placing individual at the centre of a just societal order. Though little yet the significant impact of constitutional provisions on the lives of women can be witnessed on ground level. It cannot be ignored that the constitutional spirit is usually vulnerable to dynamic socio-cultural paradoxes owing their origin to political constructions and narratives. These paradoxes turn the situation into more aggravated form due to interface of law, administration, religion and politics in Post Truth World. Overflow of information in cosmetic democratic make over by the totalitarian or populist regimes with subtle ideologies block thought process in making the rational choices. In view of the above, the present paper highlights the role of judiciary being the final interpreter of the provisions of the Constitution to ensure constructive transformation. It elaborates the meaning, nature and scope of freedom to profess, practice and propagate the faith or religion and its inter-relationship with liberty to manage religious affairs in reference to gender inclusivity. The discussion revolves around the judgment of the Supreme Court of India in Sabarimala Matter, 2019 wherein the court attempted to find out the solution of the paradox prevailing in India from ages. Bodenheimer�s backward full forward push theory has been applied as a constitutional tool to filter out constitutional spirit from multi-polar assertion of truths-truth of social-cultural taboos viz a viz the truths of constitutionalism. � 2022, Department of Law, University of North Bengal. All rights reserved.Item Twilight of Reproductive Justice in India: A Welfare State….?(2011) Arora, TarunItem Emerging Paradigms of Jurisprudence with Special Reference to Animal Welfare(2016) Arora, TarunItem Transformation of International Environmental Law into International Law on Sustainable Development(MATS University, 2015) Arora, TarunItem Reviewing Judicial Review in Context of Constitutional Ethics and Morality(MATS University, 2016) Arora, TarunItem A Critique of Legal Framework on Pharmaceutical Waste : Implications of Health Care(Krishi Sanskirti Publications, 2017) Arora, Tarun; TriptaItem United Nations Climate Change Conference Paris, 2015: Call of Synergy(Post- Graduate Deptt. of Political science, DAV College, Jalandhar, 2017) Arora, Tarun