Indian Journal of Law and Justice
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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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Item Open Access The Law of Soil across Two Lands: A Comparative Analysis of Birthright Citizenship in India and the United States of America(University of North Bengal, 2024) Banerjee, DevanjaliThe law of soil has somehow been made a superior category in both USA and India, due to the connotations of an older, closer association of citizens with the nation-state. The conception of BRC is closely linked to the idea of the original political community of a nation-state. This article has asserted by way of the comparative analysis of BRC in America and India, the importance of historical, social, political and cultural factors upon the development of a legal framework of BRC in these nations.Item Open Access Refugee Children’s Right to Education in India: Legal Obligations and Implementation Realities(University of North Bengal, 2024) Verma, Asha; Lal, Ruchi; Venaik, SupernaThe right to education assumes primary significance for refugees as it’s crucial to preserving human rights and a clear link to their social and economic empowerment. In this context, the article analyses the international and domestic legal standards in India in protecting the education rights of refugees. Primary data has been collected using interview schedules. Personal interviews and participant observation are the other tools used to provide a thematic analysis of the qualitative data gathered from 200 refugees living in India. Through the analysis and interpretation of the data collected, some of the extensive barriers to education that refugees living in India face have been identified, and ground realities in terms of accessibility of universally recognised educational rights of refugees have also been highlighted. The findings from this study augment the limited empirical knowledge related to the area and expand understanding of the experiences of refugee children in accessing educational rights in India.Item Open Access Innovation and Progress: An Insight into the Indian Business Start-Ups and the Promotion of Scientific Temper for Socio-Economic Advancement(University of North Bengal, 2024-03) Rakshit, Souradeep; Moitra, SanyuktaThe Constitution of India through its 42nd Amendment of 1976, incorporated "scientific temper' as one of the Fundamental Duties to every Indian citizen under Article 51 A (h). The first Prime Minister of India, Pandit Jawahar Lal Nehru mentions this term in his book "Discovery of India" where he characterised scientific temper as a mind-set to change or alter one's intuition in the light of evidences and not to accept anything which appears to be irrational or without proof. Our country has consistently put forth attempts to concede to the scientific temper, time and again and emphasised its significance. In 2013, the Science, Technology, and Innovation policy, developed by the Government of India pushed on the advancement of scientific temper amongst every citizen. However, it needs to go quite far to appropriately show this temperament while fostering the resolutions for achieving socio-economic goals of the country. Presently, it has been noticed that business ventures are intensely reliant upon scientific temper and this will be ultimately essential for the entrepreneurs to succeed. Thus, small and micro undertakings backed by competitive and state of the art technology will be the foundation for greater enterprises in the country, resulting in economic boom. All future businesses will be driven by science and technology and hence, it is called for addition of new avenues and enterprises, with changing time and further with scientific temper as its major ingredient. Start-ups can be considered as one such innovation that has been leading businesses growing by leaps and bounds. In India, the last decade emerged with great start-ups like CRED, Meesho, Swiggy, Zomato, Delhivery, Oyo and many more, making itself one of the most important start-up hubs in Asia and perhaps even in the world. The scientific temper in start-ups can further do wonders to India’s socio-economic growth in the long run. Hence, in this paper, the authors shall make an attempt to bring out the essence of scientific temper in bringing forth the technologically advanced start-ups in India and its capacity to form the basis of India's future in the global market, in terms of both technological advancements and entrepreneurship. The paper will also highlight the hindrances to its growth and suggest measures in contributing to the growth of start-up ecosystem in India.Item Open Access NOTES AND COMMENTS Regulating Artificial Intelligence under Data Protection Law: Challenges and Solutions for India(University of North Bengal, 2023-09) Naithani, PaarthAs India moves toward enacting a comprehensive data protection legislation, it becomes essential to examine the possible application of India’s proposed data protection law to the use of Artificial Intelligence (AI). The various challenges posed by AI to data protection principles and data principals’ rights need to be examined. The need for data maximisation in the use of AI challenges the principle of collection limitation. The difficulty in anticipating the processing purposes of AI challenges the principle of purpose limitation. With a brief introduction to AI and data protection law in India, the paper examines the compatibility of various data protection provisions under India’s Digital Personal Data Protection Act, 2023 with AI. The paper also provides recommendations for data protection regulation of AI. The paper proposes the need to hold data fiduciaries accountable using Data Protection Impact Assessments, Codes of Practice and Security Measures. Besides, there is a need to define the fiduciary duty of care between the data principal and data fiduciary. There is a need recognize data protection by design and default and the Right against automated decision making. Technical solutions need to be explored, but at the same time, AI must not be over-regulated. Lastly, there is a need for flexibly interpreting the provisions of the proposed data protection law.Item Open Access Limited War in India-Pakistan: Revisiting the 24 years of Kargil War(University of North Bengal, 2023-09) Mukherjee, Dhritiman; Arshed, TanwirIn May 1998, the two most important South Asian states overtly conducted their nuclear tests and thus marked the beginning of an era of nuclearisation in the sub-continent. This overt nuclearisation within the region led to a sense of optimism among scholars and policymakers which almost completely ruled out the possibility of an all-out war between India and Pakistan. However, exactly after a year the Kargil War erupts between India and Pakistan- a war that was fought between two ‘nuclear power states’ and since then has completely changed the equation and definition of ‘warfare’ between the two most important and strategically volatile states of South Asia. The year 2023 marks the 24th anniversary of the Kargil War, and the present paper makes an attempt to apprise the lesson that both India and Pakistan have learnt in the post Kargil War era, with specific reference to the techniques and modus operandi of warfare. Questioning the very definition of ‘war’ as developed during the Cold War era, this paper will try to look into pertinent issues how warfare between India and Pakistan has undergone a qualitative change in the post-nuclearisation phase. A closer scrutiny of the nature of war that took place in Kargil points to the fact that there exists a space below the nuclear threshold of both India and Pakistan that can be exploited for conducting a ‘Limited War’- a theoretical prism that refutes the claim made by nuclear pessimists that any war between new nuclear nations will escalate to a nuclear level. Using qualitative methodology as its framework, based on the secondary literature and insights of interviews of policy analyst and experts the paper wishes to contribute a new debate within the discourse of India-Pakistan Relations.Item Open Access Groundwater Management under the Indian Legal Framework: Challenges and the Way Forward(University of North Bengal, 2023-03) Lama, NeelamAbout 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.Item Open Access Legal Framework of Single Member Company in UK vis-àvis One Person Company in India: A Conceptual Analysis(University of North Bengal, 2023-03) Bharat; Gupta, PriyaOne of the ideal vehicles for a start-up venture can be a company formed by single person with the benefit of limited liability. In this article, an attempt has been made to trace the journey of this vehicle in United Kingdom and India. In this paper the researcher intends to undertake a conceptual study of One Person Company in India and United Kingdom. In United Kingdom, it exists by the nomenclature of Single Member Company. The researchers by virtue of this paper attempts to trace the existing legal framework in both the countries and finally intends to conclude by suggesting the changes required in One Person Company in India as its necessary legal structure is still in nascent stage in India.Item Open Access Manual scavenging practices in South Asia: a review from India, Pakistan, Bangladesh and Nepal(University of North Bengal, 2022-09) Malik, Namita Singh; Gupta, SmitaThe constitutional ethos of a nation aims to treat people across all sections of the society with equality, justice and fairness. The multi-cultural and multi layered society absorbs such values in proportion to its understanding of constitutional mandate, socio-cultural norms and economic progression. All nations are expected to provide basic human rights & dignified, hygienic working conditions to its people, but unfortunately sanitation services and hygiene practices in South Asia have been quite alarming. Large numbers of people in developing countries are forced to work under endangered conditions, which threatens their life and violates their right to earn livelihood with dignity and safety. This Paper aims to present a comparative analysis of manual scavenging practices in South Asia focusing on India, Pakistan, Bangladesh and Nepal. Additionally, paper delves into legal institutional mechanisms available in these countries to address the problem of manual scavengers. It also proposes workable solutions to put an end to this obnoxious prevalent practise.