Indian Journal of Law and Justice

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2866

Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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Open Access
322 Can We Protect Our Socio-Cultural Identity? Language Rights, Mother Tongue and Creation of a Constitutional Paradox
(University of North Bengal, 2024-03) Chaki, Nishit Ranjan
In India, The Constitution and the policy documents have always recognised the importance of mother tongue and have cherished the linguistic diversity of India. Language is a marker of identity and plays a key role in the formation of the socio-cultural identity of an individual. The various quantitative benefits of having mother tongue based education are well documented. Hence, this this paper specifically explores situations beyond these general statements. It attempts to study the various qualitative aspects related to mother tongue and how these ultimately shape the socio-cultural identity of the individual. Although people in India have the right to conserve their language and pursue education through it, a Hohfeldian analysis shows that there are complexities involved in realising this right. This paper attempts to understand some of the issues associated with non-realization of language rights and its effect on the loss of socio-cultural identity. It explores the position of language rights in the broader spectrum of constitutional structure related to language, especially the effects of transition from erstwhile multilingual States to primarily monolingual States. Further, it evaluates the importance of mother tongue being a specific focus of study within the broader concept of language rights. It explores the interface between language and education and argues that in this regard language rights ought to be non-negotiable. In this regard, it attempts to compare educational rights in the Constitution from the perspective of preservation of linguistic diversity of India. Finally, it details out the unique relationship of language and culture in India and also the role of language in the formation of socio-cultural identity of an individual. The paper is housed under the broad theme of evaluating whether the present linguistic rights and other constitutional provisions are sufficient in the long run to preserve the linguistic diversity of the country.
Open Access
3D Printer: Needs Real Treat to Intellectual Property in Indian Perspective
(University of North Bengal, 2019-03) Singh, Amitabh; Chandel, Shashank
Open Access
A. Lakshminath: Judicial Process Precedent in Indian Law, Eastern Book Company, Lucknow, Third Edition 2009, Hardcover, ISBN: 978- 81-7012-180-0
(University of North Bengal, 2019-09) Bandyopadhyay, Suparna
Open Access
A.R.T.: Are We Heading towards Designer Babies?
(University of North Bengal, 2012-03) Gadekar, Archana
Open Access
Abolition of the Post of Governor: Is Already Too Late
(University of North Bengal, 2016-03) Ghosh, Kaushik; Dutta, Sanjay
Open Access
Accepted, But Not Accepted: The Stigmatisation of LGBT People in India Post Navtej Singh Johar
(University of North Bengal, 2020-03) Tamang, Rupendra
It has been more than a year since the historic judgment of the Hon'ble Supreme Court for the LGBTQ community. It was the duty of every state to ensure that the judgment should travel to the remotest areas of the country. Has this been really done? Article 1 of the Universal Declaration of Human Rights clearly states that the world is made up of different countries, cultures and peoples yet despite of these differences we have one thing in common. All human beings are born free and equal in dignity and rights. The Constitution of India also has provisions regarding the equality of the people. But how far is this applicable to the LGBTQ community.
Open Access
Accountability of Civil Servants under Indian Laws: A Critical Analysis
(University of North Bengal, 2021-09) Gahlawat, Ekta
The civil servants are accountable to both political-executive and citizens for ensuring transparency and honest policy implementation. The administration in India has acquired a vast power in the name of socio-economic development. Thus, the chances for administrative abuse are more. So, there is need to establish effective institution (Ombudsman) for the efficient working of the administration. This article focuses on the accountability of the civil servants under the Indian laws. First part of this article deals with the introduction of the civil servants. The second part, describes the provisions related to the civil servants under Indian Constitution (Article 308-311). The third part deals with the accountability of civil servants towards public and political-executive. It also describes the relevant recommendation of committees. Fourth, the most important part deals with the mechanisms to control the civil servants so as to prevent the abuse of power under the administration. The fifth part of the article deals with the lacunas which prevent the proper implementation of all these mechanisms. Finally, the article concludes that Lokpal has provided effective implementation of all mechanisms which can help to eradicate the menace of corruption
Open Access
Accreditation of Centres of Legal Education in India
(University of North Bengal, 2020-09) Roy Mammen, Rhea
In India, higher education has witnessed considerable development since Independence with a remarkable growth in the number of Higher Education institutions (HEIs). Overall oversight of these HEIs is under the purview of the University Grants Commission (UGC) with support being provided by Statutory bodies as relevant to the different courses under consideration. In particular, the Bar Council of India (BCI) serves to offer regulatory insight for legal education in the country. Accreditation of HEIs was introduced in India in recognition of the significance of the quality of higher education relating to the achievement of the objectives of higher education. This article therefore attempts to scrutinise the current process of accreditation of HEIs in India under the auspices of the NAAC (National Assessment and Accreditation Council) with particular emphasis on centres of legal education. In this regard, the article scrutinises the regulatory authorities and quality reforms for higher education, and the relevance of accreditation and NAAC. Accreditation of centres of legal education as per the NAAC guidelines is also scrutinised along with the guidelines for accreditation specified by the BCI. In the light of these, the article provides recommendations to enhance the future accreditation of centres of legal education in India.
Open Access
Acquired Rights of Farmers and their Vulnerabilities- A Study
(University of North Bengal, 2012-09) Biswas, Diganta
Open Access
Actors and Accolades : Examining the Rights of Actors in Films in India from a Copyright Perspective
(University of North Bengal, 2022-03) Gogoi, Jupi; Sebastian, Tania
Recognition and protection of cinematograph film under the Indian Copyright Act, 1957 (hereinafter “The Act”) does not address the concerns of Actors. The practical collaboration in a film of producers, directors, scriptwriters, actors, music composers and others stands undermined in the case of actors. This is so as the current copyright regime in India emphasises only on the rights of producers and neglects the rights of others, specially actors. The inclusion of actors in the definition of performers does not confer rights related to copyright as these rights of copyright and related rights (including performers rights) are related but different. Though introduced in 1994, the rights of performers were limited in scope. With the intention of strengthening the Rights of Performers, Amendments were made in the Act in 2012. However, all the amendments were not applicable to the actors in films as they retained the earlier provision relating to performances in films, which stated “that once a performer (actor) has, by written agreement, consented to the incorporation of her performance in a cinematograph film she shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer’s right in the same film.” The rights of the actors were hence retained with and transferred to the producer. Solace is found in the proviso to section 38A (2) of The Act which states that “notwithstanding anything contained in this subsection, the performer shall be entitled for royalties in case of making of the performances for commercial use.” This is unexplored in the Indian Courts and thereby, the current provisions do not seem to offer much assistance to actors working in films. There are also the serious allegations of exploitation of actors, especially those who are not famous. As the largest movie industry in the world, performers in the Indian movie industry receive accolades the world over, however, they continue to work without adequate statutory protection. Limited scholarly work in this area has propelled the need to address all the concerns that actors of films in India face vis-à-vis copyright law in this paper. The paper will include comparative studies with the rights of actors of films in three jurisdictions, France, UK and USA. Accordingly, suggestions will be provided to strengthen the rights of actors of films in India.
Open Access
Administrative Efficiency and Reservation Policy in India: An Impact Assessment
(University of North Bengal, 2011-03) Sharma, Om Prakash
Open Access
ADR In Criminal Cases And Decriminalisation Of Violence: A Gender Perspective
(University of North Bengal, 2016-09) Chowdhury, Jamila A
Open Access
ADRS and LokAdalat in India: Genesis and Functioning
(University of North Bengal, 2018-09) Mishra, Pawan Kr
Open Access
African Catfish a Boon or Bane for Environment: A Critical Analysis
(University of North Bengal, 2019-03) Chatterjee, Pyali
Open Access
Agrarian Social Structure and Land-People Relationship: A Study on the Tribes of Arunachal Pradesh
(University of North Bengal, 2011-03) Saha, Bhaswati
Open Access
Agricultural Biotechnology in Post Globalization Intellectual Property Rights Regime: An Impact Analysis in Southeast Asia Perspectives with Special Reference to India
(University of North Bengal, 2012-09) Bandyopadhyay, Rathin; Das, Chandrani
Open Access
Analysing the Global Scenario of Sexual Harassment Laws with Special Reference to India: A Comparative Study
(University of North Bengal, 2024-03) Basu, Upala
The fear about workplace sexual harassment is a global issue now. In addition to violating the victim’s human rights, this specific type of gender-based violence also impairs their sense of dignity, productivity, and general well-being. Even with subject-specific legislation in place, there has been a rise in workplace harassment of women. Working women are not aware of the resources accessible to them in the event of sexual harassment. This paper on sexual harassment focuses on making a comparative study of the existing sexual harassment laws between India and other countries.
Open Access
Analysing the Legal Framework of Human Rights of Migrant Workers
(University of North Bengal, 2014-03) Nagarwal, Narender
Open Access
An Analysis into Jurisdictional Issue of Law of Internet in Modern Global World: In Special Reference to the LICRA v. Yahoo! Case
(University of North Bengal, 2015-03) Marwah, R.K; Tiwari, Mayank
Open Access
Analysis of Early Childhood Development in India
(University of North Bengal, 2020-09) Laskar, Salma Begum; Kumar, Umesh
The early childhood development is basically the development of right of children from zero to six years. Almost 90% of the brain develops during the age of 5 years. The development of child includes the physical, emotional, social, psychological and the like which are required to have a good and healthy life. If these developments will not take place during the initial years, a person’s life will have risk of impaired growth and development. Children during their early childhood shall be given adequate nutrition for their growth, health care facilities regularly like vaccination etc, care and protection and play and learning. If a child receives proper favorable inputs of healthy life, he will grow and prosper in life and if a child receives unfavorable environment, he will be burden to society and the state will have to bear his responsibility throughout his life. Children are the future of our nation and it is the duty of the citizen to give them their required input to have healthy life. The Central as well as the State government initiated several times various policies and schemes to meet the challenges faced by the children for their proper growth and development. Many international conventions and declarations were made to cope up with the problems faced by children in different corners of the world. The judiciary has also framed guidelines and issued directions protecting the best interest of children.