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 Clinical Legal Education as a Catalyst for Change in Punjab: Tackling Drug Abuse and Human Rights Violations(Ashdin Publishing, 2023-08-29T00:00:00) Yadav, Raj Kumar; Singh, Gyanendra Pratap; Singh, Paramveer; Rahul, S.K.; Verma, Vaishali; Chaud-Hary, Priyanka; Mittal, Aarushi; Bala, MadhuThe paper explores the importance of Clinical Legal Education (CLE) in securing human rights and the relationship between CLE and drug abuse. Using a mixed study method, including doctrinal research and 400 direct interviews in Punjab State of India (Bharat), the research reveals that CLE can effectively combat drug abuse and protect basic human rights like life, education, food, and medication. The study highlights the need for due care and guidance in combating drug abuse, making students more professional, skilled, and knowledgeable having concern for the society. The social implications of this research are significant, as drug abuse is a significant challenge in our societies. The paper emphasizes the need for preventive education on drug abuse and the significant social implications of this research. Media also plays a crucial role in raising awareness and promoting a society that shuns evil and promotes good for all. � 2023 Raj Kumar Yadav, et al.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 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 KumarThis 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.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.