Indian Journal of Law and Justice, Vol. 13, No. 01

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/4595

EDITORIAL NOTE

The last two years have been immensely difficult, worldwide, due to the Covid-19 pandemic. We are glad that the world is recovering gradually. However, the pandemic has ensued global crisis exacerbating deep-seating social inequalities within our societies. Women, low-income households, children and young people, as well as low-skilled, part-time temporary and self-employed workers, all have been disproportionately affected.

Keeping these issues in mind, the Editorial Board presents the 13th Issue of the Indian Journal of Law and Justice. Once again, with the incessant efforts and ‘never-say-die’ spirit of the editorial team, the India Journal of Law and Justice sets its foot in its journey for the second decade.

Keeping in tandem with the objective of the journal of being a multidisciplinary journal, the key focus of this edition ranges from human rights issues of women, women refugees, human trafficking, trans-rights, the criminal justice system to public health management, artificial intelligence and big data in health sector and human gene editing. This volume contains a Notes and Comments section with short articles highlighting concerns like terrorism and international criminal justice system, right to fair trial of victims and feminist perspective of the Kamtapur Movement. The book review segment contains review of the edited and annotated version of the celebrated Annihilation of Caste which has been edited and annotated by S. Anand and the foreword of which has been penned down by Arundhati Roy.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I would also like to express my gratitude to the entire Editorial Team whose commitment and perseverance made this publication possible.

Suggestions and opinions for the improvement of the journal is solicited.

With Best Wishes

Prof. (Dr.) Rathin Bandhopadhyay
Chief Editor

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    Right to Fair Trial for the Victim – Changing Paradigm in 21st Century
    (University of North Bengal, 2022-03) Zahan, Momina; Singh, Manju
    The concept of fair trial is the foundation stone of any justice delivery mechanism for the prevention of miscarriage of justice. While the general concept of ‘fair trial’ should mean a ‘trial’ in which there is no biasness or prejudice against any party to trial or the cause, yet it is considered, to be the trial wherein there is no biasness against the defendant/accused only. But a trial can be fair only when the whole of the prosecution procedures has been fair-minded and reasonable, and it is extended to all the participants of the criminal justice system along with the accused. Thus, this paper attempts to investigate the scope of the concept of fair trial and observe whether it can be extended to the other players of the criminal justice system, especially the victims of crime.
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    Rights of Minorities in India and Pakistan: A Comparative Study
    (University of North Bengal, 2022-03) Mandal, Rakesh
    At the verge of the independence, two separate dominions were established by the British Government on the basis of religion. Although two major communities are divided on religion, a large numbers of minorities are living at either nation. Pakistan constitutionally declared as Islamic Nation whereas India declared herself as secular nation. However, Muhammad Jinnah had guaranteed that minorities are free to profess and practice their religions and develop their cultures. Consequently, the Constitution of Pakistan guaranteed some basic rights and fundamental freedoms under the Constitution. Unfortunately, these constitutional guarantees were not implemented in reality inspite of Jinnah’s assurance. Presently, Pakistan is one of the most hostile states for the minorities in the world. The reasons behind that after 1977 Pakistan became more orthodox and tried to Islamized the entire nation and political campaigned was focused on religious hatred. This paper endeavors to comparatively analyze the status of minorities in India and Pakistan and their respective constitutional safeguards. It further focused on Constitutionalism which is original and real sprite of the nation towards execution of noble ideas on ground reality. Therefore, written constitution has a very little impact, it is the constitutionalism or the sprite and willingness of the political parties and people who govern the state and execute the rights in reality.