Indian Journal of Law and Justice

Now showing 1 - 3 of 3

Open Access
Breaking the Cycle of Injustice: Investigating Restorative Justice Solutions for Street Begging Children in Dhaka City, Bangladesh through a Comprehensive Socio-Legal Analysis
(University of North Bengal, 2023-09) Haque, S. M. Saiful; Chakrabarty, Shambhu Prasad
Street children in Dhaka are subjected to subtle abuse, exploitation, and violence, like children in many third-world countries. Children are found in vulnerable conditions in street-side homes, public walkways, local bazaars, in front of big buildings, and at public gatherings. It contrasts with the UN SDGs' goals and juvenile rights conferred by articles 02 to 41 of the UNCRC3, the Children Act 2013, and many other national and international laws. Is it not the responsibility of the state to comply with the mandate under international laws and the Constitution of the People’s Republic of Bangladesh. What role have the special laws for women and children played in confirming safeguards from all forms of discrimination and vulnerabilities? Children should be safeguarded and free from all psychological, physiological, inhuman, and other nuances of human exploitation. This contrast to development objectives and the frequency of physical, emotional, and sexual abuse of street children in all spheres of social, economic, and cultural life is a major problem that reinvestigated the efficacy of the rule of law and challenged the restorative justice solution mechanism in place for street children in Dhaka City, Bangladesh. A comprehensive socio-legal analysis of the Children Act of 2013 was done using a mixed-methods approach. The study sought to identify the challenges to the effective execution of the Children Act 2013 in Bangladesh and explore how restorative justice approachescan break the cycle of injustice for the most deprived and vulnerable children in society. The study explores the socio-legal perspective through doctrinal and applied informatics approaches to explore, inter alia, the uprising rate of begging children on the streets of Dhaka. The study's findings explore the shortcomings of the restorative justice mechanism and attempt to address an alternative mechanism to deal with the root causes of street begging and promote social reintegration. This study included observations and interviews with key stakeholders and reviewed relevant literature and aims to provide insight into the effectiveness of protecting the rights and well-being of street children under the current legal system in providing protection, rehabilitation, and reintegration of street begging children under the Children Act 2013. The study addresses some specific reformations of the policy framework and practises to ensure better protection of the rights of street children and promote their social inclusion in the mainstream of city stakeholders in Dhaka. The findings of this research are expected to contribute to identifying evidence-based policy recommendations for improving the lives of street-begging children in Dhaka City.
Open Access
Protection of traditional knowledge in India by sui generis laws of geographic indications and the Protection of Traditional Knowledge Bill, 2022
(University of North Bengal, 2022-09) Chakrabarty, Shambhu Prasad; Rodricks, Abhisekh
This research paper explores the potential of protecting Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) under the modern Intellectual Property Law Regime with special reference to Geographical Indications (GI). It also highlights the process of registering GI under the Indian GI legislation with special regard to ancestral knowledge. The paper also highlights the limitations of GI protection concerning protecting TK/TCE as a whole. Protecting TK has always been a challenge under the modern legal system, and this limitation has irretrievably damaged this knowledge base. Efforts have been made to preserve and protect TK through IPR, but this approach achieved very limited success. The absence of TK protection as a whole by TRIPS has left a sui generis approach to protecting TK. The proposed Protection of TK Bill 2022 could be criticised at length, including the absence of synchronisation between Intellectual Property Rights (IPR) safeguards, including GI as a mode of protecting TK has also been noticed. This research paper identifies some of the TK that has been protected under the GI Act in India encourages the indigenous and tribal peoples to explore the limited potential of GI protection to their ancestral knowledge. It also assists the legislature in reconsidering certain aspects of the Protection of the TK Bill, 2022.
Open Access
Role of Indigenous and Tribal Peoples in Eco System Services: Time to Look into the Pages of the Past for an Answer
(University of North Bengal, 2020-09) Chakrabarty, Shambhu Prasad
Indigenous and tribal communities all across the world have taken care of the natural resources they have been living in for centuries. The various traditional knowledge's have transferred through generations and has been following them as ancestral knowledge. A lot many efforts have been made by these communities and serious contributions have been made in eco-system services by them. Their life has been sustainable and have respected natural resources more than their greed. Research has unraveled various method of similar eco system services which have been documented and practices till date. This practice requires to be imitated specially in jurisdictions with many indigenous, aboriginal and tribal communities specially in the area of conservation of indigenous medicines and water resources.

Indian Journal of Law and Justice

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