Department Of Law
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Item GOVERNANCE OF FOREST RIGHTS IN PROTECTED AREAS IN INDIA: A CASE STUDY OF PARAMBIKULAM TIGER RESERVE(Central University of Punjab, 2020) V. J., Jithin; Pathak, PuneetThe forest dwelling scheduled tribes (ST) have faced several challenges in relation to the exercise of their traditional rights over the forest and its resources. The rights in relation to their forest habitat have not even recognised and they began to face threat in relation to eviction from the land, access to resources etc. The status of Protected Areas (PA) with the objective of species conservation has added up this vulnerability. To undo this historical injustice and to recognise their role in the protection of the forests, the parliament has enacted the Forest Rights Act (FRA) in 2006. The objectives of the present study were to study the framework of forest rights in PAs in India, analyse the governance of Forest Rights and its realisation in Parambikulam Tiger Reserve. The data was collected from different stakeholders through case study technique. The tools used were questionnaire and focus group interview. The data were analysed through percentage and represented in graphs. The study found that even after the enactment of Forest Rights Act, the recognition and endorsement of all kinds of forest rights particularly in Protected Areas as mandated under FRA, have limited progress. Other factors like participation and community involvement in the activities like eco-tourism have strengthened the source of livelihood and made significant advancement in reducing forest and wildlife crime. The major challenges in relation to the FRA implementation in the PA of Parambikulam is the lower rate of awareness of STs on forest rights including community forest rights and resources. The study revealed the v progress regarding individual land rights recognised under FRA but several associated issues relating to land title are not adequately addressed. The study also found that there is a further marginalisation in relation to the access to basic facilities to the forest dwelling tribes inside the core area of the PA. Though the recognition of certain rights and required facilities as envisioned by the FRA were in place but there is an absence of a mechanism to ensure adequacy and quality of the same. This can be done only through the shift in the bureaucratically driven PA governance regime to a community led conservation measures with an ensured mechanism on awareness of its objective and auditing on the practice.Item A Study of Legal Regime on Pharmaceuticals in Environment: International and National Perspectives(Central University of Punjab, 2018) Tripta; Arora, TarunDevelopment in the field of science and technology has benefitted the mankind by fulfilling its ever-rising needs. Law has also marched its pace in synchronization with the development of science and technology as it ought to shape its content in accordance with social values, aims and change with the changing requirements of the society. Therefore, the concept of development should not be adhered in such a way so as to exploit natural resources in unhealthy, unfriendly and unsustainable way resulting into depriving the future generation from their right to natural resources. The developmental needs of the mankind can be meted out with the integration of law, science and technology to ensure sustainable development. Industrial growth propelled by advancement in the field of science and technology has resulted into economic development on the one hand and adversely affected environment as well. Pharmaceutical sector is considered as one of the highlyregulated sectors in almost all the nations. However, deterioration in the quality of environment due to the presence of pharmaceuticals is an emerging issue, requiring the attention of global community. The lifespan of the humankind might certainly be referred as a positive outcome of expansion in the pharma sector yet it has resulted in germination of a conundrum due to its contrast with efforts to save environment against pollution. Pharmaceuticals are refined chemicals. These are manufactured, so as to be biologically active in living organisms. Their presence into the environment either directly or in the form of derivatives, poses grave threat to the environment. The management and extermination of pharmaceutical residues is one of the growing concerns as the pollution caused by pharmaceutical residues is emerging as a major factor for environmental degradation. Release of high concentration pharmaceutical effluents from manufacturing units along with improper disposal of unused or expired medicinal products and discharge of excreta are the major causes of concern. Though already existing legal and regulatory mechanism provides for the treatment of pharmaceutical wastes but v environmental footprints demand more should be done to cope with the issue of pharmaceuticals in the environment. The present study highlights that there is a need to have comprehensive legal framework and proper policy implementation on various aspects of pharmaceutical pollution like waste disposal, returning unused or expired medicines, take back programs. The principles of international law on sustainable development such as Precautionary Principle, Polluter Pays, Environment Impact Assessment, Cost-Benefit Analysis and so on present the solution to this alarming problem. The researcher on the basis of analytical methodology has examined the legal scenario in context of the issue, prevailing at the international arena especially in the European Union and the U.S. The researcher has also attempted to examine the relevancy of existing Indian legal framework concerning the issue. The role played by the judiciary in recognizing environmental and health rights has been examined in the light of pollution caused by pharmaceutical industries in the Patancheru-Bollaram region in the Hyderabad. The healthy and clean environment is a vital nutrient for good public health and enhanced quality of life. Looking at the seriousness of the issue, global community is mounting to introduce new and tighter regulations on the pharmaceutical residues. Indian legal framework though tried to incorporate ‘Precautionary Principle’ by defining standards for emissions and effluents, yet there is a need to apply ‘Polluter Pays Principle’ along with Precautionary approach. Thus, the present study focusses on the legal regime in context of PiE requiring integration of law, science and technology.Item NUCLEAR CIVIL LIABILITY LAW OF INDIA WITH SPECIAL REFERENCE TO INTERNATIONAL NUCLEAR CIVIL LIABILITY CONVENTIONS AND PRINCIPLES(Central University of Punjab, 2018) Sidhu, Ramandeep Singh; Chauhan,Deepak KumarItem Contributions of Indian authors in the subject category law of the web of science core collection: A bibliometric analysis(University of Tyumen, 2020) Kumar, D; Singh, B.This paper presents a bibliometric analysis of research works in the subject category Law published with the affiliation of India in the Web of Science Core Collection. A total of 529 published works by Indian authors from Indian law schools and institutions on or relating to the subject of the law have appeared in law journals and other sources. The works are indexed in the Core Collection for the years 1999�2019 and have been cited 2,041 times over this 20-year period. To conduct the analysis of the published data based on norms such as author-wise, country-wise and citation-wise figures, normative bibliographic techniques were applied to attain the objectives. After a detailed discussion of the analysis of the data, the research arrives at the conclusion that Indian authors have fewer published works in the subject category Law in the Core Collection than two other Asian countries, but that there has been a gradual increase in their number since 2011. � 2020, University of Tyumen. All rights reserved.Item An appraisal of Triple Talaq in India(2018) Kaur, SukhwinderItem Environmental Challenges in the Anthropocene: Space, Society and Laws(Uppal Publication, Delhi, 2018) Kumar, Deepak; Singh, AnupreetItem 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.Item Protection Of Consumers' Rights In The Era Of E-Commerce(Central University of Punjab, 2018) Anjali; Kaur, SukhwinderIn 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.Item Triple Talaq in India: (A Study with Special Reference to Shayara Bano Case, 2017)(Central University of Punjab, 2018) Shehnila; Kaur, SukhwinderThe 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.Item 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, TarunTender 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.