Browsing by Subject "India"

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Open Access
A study of the legal framework for accountability of individuals for crimer against humanity and the role of the international law enforcement agencies.
(University of North Bengal, 2014) Ghosh, Satarupa; Chakraborty, Gangotri
The principle that individuals are and can be held criminally accountable for violations of the laws of war dates back to many years. However, it was only after World War II and the Nuremberg and Tokyo trials, set up to judge those German and Japanese military leaders accused of serious crimes during the war, that the idea of individual criminal responsibility for serious breaches of international law gained ground. In this thesis an attempt has made to trace the evolution of individual’s responsibility for crime against humanity, the present legal framework in national and international level and the role of various law enforcement agencies to deal with the problem. Evolution of the Problem: History is witness to the fact that wherever an individual or groups of individuals have become powerful, they have flagrantly tortured the weak and the defenseless. Even where power is legitimated and turned into a legally valid authority, abuse of power and torture of the weak and the defenseless has continued. In this back drop considerable legal mechanism has developed for the exercise of such raw power. An international crime has been broadly defined as “an act universally recognized as criminal, that is, an act that is considered a grave matter of international concern and for some valid reason cannot be left within the exclusive jurisdiction of the state that would have control over it under ordinary circumstances”. Crimes against humanity now are established as jus cogens norms and are implicitly recognized as such in the preamble of the Hague Convention, which served to codify the customary law of armed conflict. Unfortunately, despite several attempts for fixing liability to the individuals who have committed crime against humanity and subjecting them to trials like Nuremberg trials and Tokyo trials the legal framework for fixing liability to individuals guilty of the act of committing crime against humanity to this day remains obscure and vague and ad hoc mechanisms are used to settle such cases. In the face of recent developments in countries like Libya, Egypt, Iraq the lack of legal framework to deal with such matters has become a cause for international concern. The main thrust of this work is to study the existing legal framework for determination of individual’s accountability for the crime against humanity and to propose changes into the existing framework. Hypothesis There is insufficient legal framework for the control and regulation and for fixing liability on the individual for committing crime against humanity and the present mechanism works through international ad hoc tribunals internationalized or mixed tribunals, the International Criminal Court as well as national courts, military tribunals and ordinary courts which allows any state to try alleged perpetrators, even in the absence of any link between the accused and the state exercising jurisdiction which leads to miscarriage of justice on one hand and multiple trials on the same cause of action on the other hand. Research Questions 1. What is the genesis for global movement for accountability? 2. What are the shortcomings of the present legal framework for accountability of international crime? 3. What is the role of the International Law Enforcement Agencies to provide proper justice to the victims? 4. What are the shortcomings of the institutional mechanisms to prevent the growth and spread of the international crime? 5. What is the concept of global movement towards accountability and what is the scope of its growth? Methodology Having selected the above topic for this research, the work will perforce be based on theoretical doctrinal research. The methodology followed is traditional non-empirical research. Chapter Summary Chapter I: “ACCOUNTIBILITY OF INDIVIDUALS FOR CRIME AGAINST HUMANITY: THEORETICAL AND CONCEPTUAL FRAMEWORK”. The jurisprudential rooting of the present research work is discussed under this chapter. This chapter also explains the concepts used in this research and international legal theories. Chapter-II: HISTORICAL EVOLUTION OF THE CONCERN FOR CRIME AGAINST HUMANITY AND FIXING OF ACCOUNTABILITY: This chapter discuss about the preliminary concepts of international crimes, such as aggression, genocide, war Crimes and crime against humanity and the historical evolution of crime against humanity, this is also an attempt to establish individual criminal liability for the crime against. Chapter-III: CRIME AGAINST HUMANITY BY INDIVIDUALS: PRE 1945 SPECTRUM: This chapter deals with the scenario of crime against humanity by individuals before 1945. Chapter-IV: CRIME AGAINST HUMANITY BY INDIVIDUALS: A POST 1945 SPECTRUM: This chapter describes the scenario of the framework of the trials of individuals for crime against humanity after World War II (1939-1945). Chapter V: “A ROADMAP OF THE DEVELOPMENT OF LAW ENFORCEMENT AGENCIES FOR DEALING WITH INDIVIDUALS ACCUSED OF CRIME AGAINST HUMANITY”. In this chapter the matter of discussion is about various international law enforcement agencies like International Criminal Court, International Court of Justice, Ad Hoc Tribunals and Hybrid Tribunals. Chapter-VI: “A COMPARATIVE STUDY OF THE INTERNATIONAL AND INDIAN LEGAL FRAMEWORK RELATING TO CRIME AGAINST HUMANITY BY INDIVIDUALS”. This chapter mainly deals with the Indian legal framework and also the various Indian incidents regarding the crime against humanity in comparison with international framework for accountability of individuals for crime against humanity. Chapter-VII: “A STUDY OF INTERNATIONAL PRINCIPLES REGARDING LIABILITY OF INDIVIDUALS FOR CRIME AGAINST HUMANITY IN SELECTED NATIONAL JURISDICTIONS”. The subject matter of this chapter is about the various national laws to combat crime against humanity and the implementation of those laws by the nation states. Chapter-VIII: “INDIVIDUAL LEADER’S LIABLE FOR CRIME AGAINST HUMANITY: A COLLAGE”. In this chapter I have discussed about various specific instances of individual leader’s liability. It is a narrative chapter. Chapter IX: SUGGESTIONS AND CONCLUDING REMARKS: In conclusion it can be summed up that the hypothesis that legal framework for the control and regulation and for fixing liability on the individual for committing crime against humanity is insufficient, has been proved and in this regard certain suggestion has been put in the thesis.
Open Access
Agriculture and Rural Development in India Challenges and Opportunities
(ABHIJEET PUBLICATIONS, 2023) Laha, Sidhartha Sankar; Ghosh, Tapan Kumar
Open Access
Antinutritional factors as influenced by processing parameters during the production of some traditional legume-based fermented foods of India
(University of North Bengal, 2017) Sharma, Anand ,; Sarkar P.K.,
Open Access
Building High-Performance Boards in India : Prerequisites and Challenges
(Thomson Reuters, 2021) Dey Sarkar, Soma; Srivastava, Ashish Kumar; Tripathi, Vikash Ram
Open Access
Challenges to social security : a study on the management of crisis in the tea gardens of Dooars in North Bengal
(University of North Bengal, 2023) Biswakarma, Biki; Chakraborty, Ranjit
Open Access
'City plays' : a study of urban theatre in India since the 1970s
(University of North Bengal, 2021) Roy, Sylee; Sengupta, Ashis
Open Access
Concept of Citizenship in India: A Constitutional Evolution
(Bharti Publications, 2021) Dey Sarkar, Soma; Bhange, C. B.; Kumar, Ajay; Kumar, Arbind
Open Access
Congress Select Committee on the Financial Obligations Between Great Britain and India: report ; vol 1
(Indian National Congress, 1931) Indian National Congress
Open Access
Conservation of germplasm and role of Centre for Conservation & Utilization of Medicinal and Aromatic Plant of NBU, West Bengal, India
(University of North Bengal, 2019-03) Chowdhury, M.; Pal, A.; Mondal, S.; Paul, P.; Basak, M.; Chettri, D.; Chowdhury, R.
Centre for Conservation & Utilization of Medicinal and Aromatic Plant is one of important Herbal garden in India and is located within the campus of University of North Bengal at the foothills of Darjeeling District, West Bengal. Present this ex-situ conservatories houses a total of 729 species of vascular plants belonging to 477 genera and 153 families. Several endemic and threatened species are growing in this garden. The garden is very good store house of various medicinal and aromatic plants and also involve in active research activity.
Open Access
Definition of the state and the enforcement of fundamental rights under the constitution of India
(University of North Bengal, 2008) Poddar, Mita; Dwivedi, B P.
Open Access
Determination of seniority for the purpose of promotion in the services under the state: analytical study
(University of North Bengal, 2018) Dey Sarkar, Soma,; Bandyopadhyay, Dr. Rathin,
Open Access
Drivers and Barriers of Agtech Startups: An Empirical Study in Jalpaiguri District of West Bengal
(University of North Bengal, 2021) Adhikary, Mintu
The advancement of technology is changing the face of Indian agriculture unlocking investment opportunities and solving issues of global food security. Central to this evolution is agricultural technology, or Agtech, which is capable of placing India amongst the top countries in terms of agricultural output. This paper evaluates the drivers and barriers to Agtech startup adoption by farmers in the Jalpaiguri district in West Bengal. The research adopted a mixed-method research approach. The results of the analysis show that there is a low level of awareness about Agtech startups among farmers, and adoption rates are even lower with only 15.3% of the respondents having used services of such platforms. Lack of awareness, limited technical knowledge, perceived irrelevance, and infrastructure challenges, were cited as significant barriers hindering their usage. It recommends that such barriers should be effectively addressed through awareness programs, training activities and better rural infrastructure. This will assist Agtech in enhancing food security and promoting the growth of Indian agriculture.
Open Access
Enquiry into the causes and consequences of rural urban migration in West Bengal with special reference to Coochbehar District
(University of North Bengal, 2022-11) Majumdar, Sujit; Bagchi, Kanak Kanti
Open Access
Ethnobotanical studies in India with notes on Terai-Duars and Hills of Darjiling and Sikkim
(University of North Bengal, 2007-03) Das, A. P.; Ghosh, Chandra; Sarkar, Ajita; Biswas, Rajib
The very survivability of man is greatly associated with plants since his origin. Plants are responsible for the supply of Man's oxygen, food, medicine, fibre, shelter and what not! Also the relationship between man and environment in general has never been static and is changing continuously. But this is not the case with tribal/ aboriginal communities the world over. The life, culture and traditions of these communities have remained almost undisturbed and static for hundreds of years. They are the living archaeological museums of ancient traditions and cultural heritage of a nation.
Open Access
Evolution of Legal Principles Through Judicial Process of Suprene Court on India : Balancing the Doctrine of Stare Decisis and Overruling
(University of North Bengal, 2023) Bandyopadhyay, Suparna; Chakraborty, Gangotri
Open Access
Financial inclusion through business correspondents in North Bengal : An empirical study
(University of North Bengal, 2021) Jaiswal, Pintu Prasad; Dhar, Samirendra Nath
Open Access
Genetic Characterization of Nucleopolyhedrovirus Isolated from Hyposidra talaca Walker (Lepidoptera: Geometridae), a Tea Pest in Terai Region of Darjeeling Foothills, India.
(University of North Bengal, 2022) Ghosh, Bappaditya; Bahadur, Min; Mukhopadhyay, Ananda
Open Access
Groundwater Management under the Indian Legal Framework: Challenges and the Way Forward
(University of North Bengal, 2023-03) Lama, Neelam
About 89 per cent of the world's fresh water resources are found in groundwater, but over the past few decades, groundwater extraction has dramatically increased, having a detrimental effect on aquifers. India is the biggest users of groundwater in the World, over 230 cubic kilometers of groundwater is used per year. As a result, more and more aquifers are being exploited to an unsustainable level, and the nation frequently experiences drinking water shortages. This article focuses on the groundwater laws that apply in India. It also examines legal approaches in groundwater law and its challenges in this contemporary India where groundwater is a dwindling resource. Further this paper highlights the measures taken by the central government in order to protect groundwater resources and argues that the existing framework governing groundwater is based largely on principles developed during the 19th century. In the light of this, the author argues that a new set of principles should be established that acknowledge the shared nature of groundwater and the human right to water, as failing to do so will violate the right to access water, and in turn, the right to life under Article 21 of the Constitution. Therefore, there is an urgent need to change the current situation.
Open Access
Growth of Megacities and Decline of Small Towns in India: Why it Demands Attention from Planners and Policy Makers
(University of North Bengal, 2015) Chaudhuri, Sumita
The slow growth of small towns and stagnation, decay and declassification of several such towns in a period of rapid urbanization in India is a phenomenon which have not received much attention from demographers or economic planners. The slow growth, stagnation or decay of a large number of small towns is a phenomenon which must be studied historically. The stagnation of small towns in the era of planned industrialization and urbanization deserves serious attention from planners and policy makers in India.
Open Access
Health Seeking Behaviour among the Migrant Tribal Workers of Tea Plantation in Assam: Some Observations
(University of North Bengal, 2016) Kar, R.K.
In anthropology, emphasis is generally put on the group; and on the study of human beings within the framework of a culture. Every culture has its own notion regarding health and health seeking behaviour; and this is often referred to as Health Culture. The health of any community, particularly of a tribal community is a function of the interaction between cultural and biological practices, the genetic attributes and the environmental condition. It has long been recognized that Health Culture is a suitable field for ethnographic research in anthropology. In the paper, an attempt has been made to have an understanding of the health culture of the migrant tribal worker in Assam tea plantation with special reference to their health seeking behavior. The people generally subscribe to their own understanding of health, disease and disease etiology, as defined by their tradition and culture. With regard to disease etiology, they believe in both supernatural and natural forces. Some diseases are believed to be the outcome of the wrath of supernatural powers; and some are caused by natural factors. Their prolonged contact with the modern medicare system for around sixteen decades does not seem to have the desired impact on their overwhelming subscription to the traditional sub-culture of medicine. Despite the availability of modern medicare services at the door step, the people usually give priority to traditional or folk medicine. The inability of folk medicine to cure some ailments sometimes may compel them to avail of the services of the hospital or some other modern health practitioners. Sometimes, however, they continue both the treatments simultaneously. On the whole, till date, the migrant tribal tea workers in Assam are by and large, relatively more tradition-oriented with regard to their health seeking behaviour. Sometimes, however, both the traditional and the modern health care systems have been found to complement each other; and the people use both the systems apparently without any reservation or any feeling of contradiction.