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 Aspect of Plea Bargaining: Indian Perspective(2015) Mehra, SurenderItem Women and Personal Law in India(2015) Kaur, SukhwinderItem Corruption and Human Rights in India(APH Publishing Corporation,, 2012) Pathak, PuneetItem Honor Killing: Redeeming Honor Through Violence Against Women(APH Publishing Corporation,, 2012) Pathak, Puneet