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University of North Bengal
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Recent Submissions
Indigenous Women and their Tenacious Strive for Forest Rights - An Indian Perspective
(University of North Bengal, 2024) Rai, Ashima
In the forestry systems of developing countries, distinct roles are often assumed
by men and women. However, women frequently encounter systemic
disadvantages stemming from cultural norms, socioeconomic barriers, and
institutional biases that restrict their access to and control over forest resources
and related economic benefits. Despite their essential contributions to the
sustainable use and preservation of forest ecosystems, women’s roles continue
to be underrecognized and undervalued. Policies and legal frameworks that
govern land and forest management, which disregard gender dynamics and fail
to adopt a rights-based perspective, risk perpetuating the legal and social
marginalization of women. Such gender-blind approaches exclude women from
decision-making processes and deny them fair access to the advantages derived
from forest and land resources. This paper critically analyes current legal
provisions, particularly focusing on India’s Forest Rights Act of 2006, to
investigate how existing forest governance structures adversely affect lowincome
populations, especially women. It also proposes targeted reforms
designed to strengthen gender equity, enhance women's rights, and promote both
social justice and ecological integrity within India’s forest management
practices.
Right to Housing and Indian Policy: A Story of Federal Structure Limitations
(University of North Bengal, 2024) Sharma, Sahansheela
A shelter and housing give an opportunity to an individual to live a life of dignity
and privacy. The government since the time of independence segregated certain
funds for housing and shelter. There are policies and laws of the government that
supports the housing for all. But the main problem for the implementation of the
housing policies is structure of federalism in India. In the paper the authors will
assert that housing and shelter is a fundamental right in itself and needs a deeper
protection from the state. Thereafter the author will look upon the status of
shelter and housing in India and how federal structure impacted its development.
The author will also attempt to understand the reason behind the lack of housing
infrastructure in India and individually discuss these problems in the context of
global development. Finally, attempt will be made to form a policy which will be
suited to the Indian circumstances and enhance the housing infrastructure in
India.
The Law of Soil across Two Lands: A Comparative Analysis of Birthright Citizenship in India and the United States of America
(University of North Bengal, 2024) Banerjee, Devanjali
The law of soil has somehow been made a superior category in both USA and
India, due to the connotations of an older, closer association of citizens with the
nation-state. The conception of BRC is closely linked to the idea of the original
political community of a nation-state. This article has asserted by way of the
comparative analysis of BRC in America and India, the importance of historical,
social, political and cultural factors upon the development of a legal framework
of BRC in these nations.
Present Challenges to ‘E-Court System’ in North-Eastern States
(University of North Bengal, 2024) Gupta, Puja
Implementing an 'E-Court System' in the North-Eastern states of India faces
many challenges that necessitate careful consideration and strategic solutions.
This paper explores the key impediments hindering the seamless integration of
electronic court procedures in this region. The North-Eastern states grapple with
infrastructural deficiencies, including limited internet connectivity and power
supply issues. These challenges hinder the effective deployment of digital
platforms, jeopardizing the accessibility and reliability of the E-Court System.
Also, the region experiences linguistic diversity, with many local languages
spoken. Adapting the E-Court System to accommodate these languages is crucial
for ensuring inclusivity and equal access to justice. This linguistic diversity poses
a significant challenge in developing user-friendly interfaces and legal
documentation that cater to the diverse population of the North-Eastern states.
Addressing this issue requires comprehensive educational initiatives to enhance
digital literacy and promote the understanding of electronic court procedures.
The concerns about data security and privacy are significant deterrents to the
acceptance of the E-Court System. In conclusion, the successful implementation
of an E-Court System in the North-Eastern states demands a holistic approach
that addresses infrastructural, linguistic, digital literacy, and cybersecurity
challenges. By acknowledging and proactively mitigating these impediments, the
region can pave the way for a technologically advanced and accessible justice
system, ultimately fostering legal efficacy and inclusivity.
Legal Framework for Forest Rights in India: A Critical Analysis
(University of North Bengal, 2024) Narayan, Saurav; Singha, Sukanya
The Forest Rights Act (hereinafter referred to as FRA) of 2006 is a landmark
piece of legislation in India, designed to address the historical marginalisation
of indigenous and forest-dwelling communities. It acknowledges the symbiotic
relationship these communities have with forests and seeks to restore their land
and livelihood rights. Rooted in India’s constitutional promise to uplift oppressed
groups, the FRA also aligns with international frameworks like the ILO
Convention No. 107 and the United Nations Declaration on the Rights of
Indigenous Peoples, recognising the significance of self-determination, land
ownership, and cultural preservation for indigenous populations.
Despite its progressive framework, the FRA has sparked debate regarding the
balance between conservation efforts and the rights of forest-dependent
communities. The delay in implementing the Act, as well as opposition from
various stakeholders, highlights the entrenched conflicts over land and resource
management in India. The paper highlights that the FRA positions indigenous
communities not merely as beneficiaries of state protection but as active
participants in forest conservation and governance, drawing on traditional
knowledge systems to ensure sustainable environmental stewardship.
This paper also discusses how this Act places significant responsibilities on local
governance bodies, particularly the Gram Sabha, and establishes a multi-tiered
institutional framework to oversee the recognition and vesting of forest rights.
However, the efficacy of the FRA remains contingent on transparent and
accountable implementation by state and central authorities, as well as the active
involvement of the communities it aims to empower. The FRA represents a critical
step toward achieving social justice for India’s indigenous populations.
It challenges existing paradigms of forest governance, promoting a more inclusive
model that integrates human rights and environmental sustainability.