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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Subject: search.filters.subject.Human rights

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    Women Participation in Police Force: A Study of Odisha, Jharkhand, and West Bengal
    (University of North Bengal, 2024-03) Chakraborty, Ananya; Banerjee, Mrinalini
    Ensuring the participation of women in the formal sector is still an uphill task. The challenge is greater when talking about recruiting more women to the police force. The challenges are undoubtedly located in the way police forces are perceived by the masses, as well as the lack of awareness of the employability factors involved in such a job. In June 2021, the Ministry of Home Affairs sent a letter to the DGP’s of all States and Union Territories reiterating one of the directions/suggestions by the “230th Report of Department-related Parliamentary Standing Committee on Home Affairs”. It even spoke of holding special recruitment drives to increase the number of women in the police force to at least to 33%. Since then more than a year has passed. The paper will give a general overview of the requirement to have more women in the police force. Thereafter it will focus on the significant international and domestic legal interventions to ensure more participation of women. The paper will then focus on only three states in eastern India, to see how far they have been able to ensure/ encourage the representation of women in the police force. The paper will basically argue that apart from the government directives, it is essential to create awareness among the youth and encourage more women to join the police forces. The paper will then conclude with suggestions specifically to ensure involvement of women in the police force.
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    ItemOpen Access
    Role of Persuasive Legal Instruments for the Recognition of LGBTQ Rights in India
    (University of North Bengal, 2023-03) Lepcha, Prerna
    Gender identity is one of the most fundamental aspects of life. The time has come that one must realize that gender identity cannot be categorised singularly to one’s orientation which may be associated with his or her birth. Gender identity and sexual orientation is not only limited to the intimate lives of the individual but it impacts everything such as their family, professional, social and educational life. Therefore, gender identity and sexual orientation has to be connected with the human rights perspective to avail all the rights that is being guaranteed to a human. It is only then the basic rights of being a human can be realised by all irrespective of their identity or sexual orientation. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. However, for the LGBTQ rights in India, the realisation of them being human and should be treated equal in dignity and rights was far from the truth until the year 2018. It was only in September 2018, the Supreme Court delivered a historic ruling legalising LGBTQ rights and partly holding Section 377 of the Indian Penal Code as unconstitutional. The colonial-era sodomy law violated the basic tenets of the constitution i.e., right to equality, right to privacy, and right to live with dignity. The right to life and personal liberty is a constitutionally guaranteed right that lays stress on the judicial recognition of such rights as an inextricable component of Article 21 of the Constitution and denial of it leads to discrimination which would offend Article 14 of our Constitution. Therefore, keeping in view the rights guaranteed by the Constitution of India, the rights of the LGBTQ community received the legal recognition in 2018. The LGBT rights in India would have not seen the light of the day if it was not looked into through the constitutional and human rights perspective. However, in recognition to the rights of the LGBTQ in India that stands today is also due to the role that has been played by the persuasive legal instruments such as international conventions, foreign judgments, etc.