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.Social change

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    LGBT Movement in India: The Journey towards an Inclusive Society
    (University of North Bengal, 2021-09) Das, Sagnika
    Equality in the society between the individuals irrespective of race, sex, religion, caste, place of birth or colour is a sign of a progressive society as it lays the path towards stability and harmony. Every human being has the right to be treated equally. However, Social hegemony2has tendency to exclude persons with “differences” which violates their inalienable Basic Human Rights. Till the year 2018, the LGBT community in India was suffering from exclusion. These people were considered to be either sex workers or criminals. They demanded a positive radical social change. The LGBT movement took the urge for tolerance and inclusion to a whole new level. The judiciary responded to their plea for equality first in Suresh Kumar Koushalv. Naz Foundation3 which culminated in Navtej Singh Johar v. Union of India4 where the Supreme Court upheld the constitutional rights of the LGBTQ+ people. In this backdrop, the present paper intends to point out the factors which led to inclusion of the LGBTQ+ community and led to social transformation.
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    Legal and Regulatory Issues of Privacy and Data Protection in E-Commerce and Social Transformation
    (University of North Bengal, 2020-03) Rai, Sambhavna
    The concept of Right to privacy with that of data protection has gained enormous attention over the years. With the technological advancement our society has witnessed transformation both good and bad in abundance. Talking about the social transformation it is pertinent to mention that traditional society abhorred privacy and there were hardly any data to be protected . But time changed and society valued their seclusion and preferred to be left alone without interference from other fellow human beings. With the mushrooming borderless technology people became even more conscious of their data and valued privacy unlike their forefather who abhorred it.
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    Constitution and its Importance to Bring Social Change in India
    (University of North Bengal, 2020-03) Talukdar, Sougata
    Social Change is the obvious requirement of the time and its abstract idea evinces change of characteristics of a group of people. The adaptation and enforcement of the Constitution of India was the path breaking event in the Indian socio-political structure. Since then the Constitution of India has travelled a long way through various amendments to adapt the requirements of time. The Constitutional philosophy in India relating to social change derived from the schemes of the preamble, fundamental rights and directive principles of state policy. All these parts explain various factors and freedoms which are the basic requirements of the prospective social changes. With the modernisation of the society, the Constitutional goals as mentioned in the preamble and various rights and sureties under Part III and IV the Constitution are shaping day by day with new outlooks. This new trend to interpret the Constitutional provisions by the Judiciary to bring the required social changes projects the Constitution as an instrument of social change. Thus, this Article primarily enquires about the Constitutional inputs to the social change in India.
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    Role of the Judiciary in Bringing out Social Transformation in India after Independence
    (University of North Bengal, 2020-03) Biswas, Sujit Kumar
    Society in India has always been very complex. Diversity of culture, religion, philosophy and political thought has been the essence of India.In 1950, the Constitution of India came into force and India became a ‘Republic’ and a nation with federal structure. States were divided on the basis of language and also culture. The multicultural characteristic of the country became more prominent than before. However, the ‘will of the people’ was reflected in the Constitution and the foundation of ‘Rule of Law’, good governance and respect for multiculturalism was laid therein. The goal of a new and vibrant India was in the minds of the Legislature, who were mostly the freedom fighters and who had dreamt of a new India. However, with the passage of time the interest of the common man receded in the background and they were left helpless and hapless. It was at this time the judiciary took up the task of acting as a catalyst in bringing about social change according to the changing needs of the society. The Indian judiciary rejected the British concept of dictatorship in the legal framework and evolved new devices to balance the conflicting needs of the society. The Indian judiciary while rejecting the Austinian brand of legal positivism reconciled both the conflicting interests of the society. Over the years legal justice has made way for social justice through a dynamic judicial process and creative jurisprudence which affirmatively rights both ancient and recent wrongs. There has now been a remedial realism to forensic formalism.