Department of Law

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2864

The Institution was established as University Law College and was housed in the building of Arts. In the year 2000, it was upgraded to the status of a Department of University of North Bengal with a separate, distinct and prestigious location.

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    Judicial Opinion on Whether Personal Law is a “Law” under Article 13 of the Constitution of India
    (University of North Bengal, 2023-09) Kejriwal, Shruti
    India is a land of religious pluralism. Every religion has its own set of customs and rituals. Personal law may apply to either a group or an individual. It is applied based on the faith or the religion, which an individual chooses to practice and profess. In India, there have been migrations and invasions by varied foreign rulers, which have led to multiple set of personal laws. Some practices of these religions are discriminatory on the ground of gender. Contemporary India witnesses the upsurge of feminist legal responses on the concerns of gender inequality in religious laws. Beginning from the Constituent Assembly Debates to the formation of the Constitution of India and then the unclear varying judicial pronouncements in relation to the personal laws by the Indian judiciary have made the topic of personal laws dynamic. In this context, it is imperative to understand the concept of personal laws as it prevails today. This article looks into the location of personal laws within the structure of Article 13 of the Constitution of India.
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    Exploring the Socio-Legal Dimensions of Godmen Phenomena in India: A Gendered Analysis
    (University of North Bengal, 2023-09) Dubey, Rajeev; Mishra, Praveen
    research paper delves into the complex and multifaceted phenomenon of Godmen in India and examines it through a gender lens. Godmen, also known as spiritual leaders or gurus, wield significant influence over their followers, often with implications for gender dynamics in society. This study aims to shed light on the socio-legal aspects of this phenomenon from a gender perspective, analyzing the role of these new religious formations in reinforcing or challenging gender norms and the legal challenges and implications of their actions. It also looks through the obligation of the state in contemporary times to provide safeguard to its citizens from the debilitating effects of these new religious movements.
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    Menace of Female Foeticide in India: Current Scenario and Socio- Legal Implications
    (University of North Bengal, 2021-03) Singh, Subodh K.
    The advent of modern reproductive and sex selection techniques is providing worldwide ample opportunity to the female foeticide. Now –a –days the world population is significantly passing through gender imbalances due to different available sex selection methods. The menace of Female foeticide was invented, touted and sold by the medical profession, and it operates with the complete consent of our society. In the United States, sex selection is becoming a multimillion-dollar industry. During the last few decades, Indian society had also been facing female foeticide as a burning social problem. In strongly patriarchal society Parents prefer sons and availability of these techniques, has led to deterioration of female sex-ratio and is eliminating girls from the social scenario by misusing the technique which is basically meant to detect the foetal abnormalities. Even the law is a powerful instrument of social change but law alone cannot dismantle out this social problem from Indian society. The real challenge before Indian society and government authorities is to remove loopholes in The Pre- Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002. It is pertinent to note that until and unless this menace is controlled, the country will be heading for a grave gender imbalance, which in turn would adversely affect the nation’s economic progress. A concrete and meticulous effort by the medical fraternity, the law, political leaders, NGOs, women’s group, the mass media, teachers and the community itself is the need of the hour. This review article is an attempt to draw attention towards Current Scenario of female foeticide in India and its socio-legal implications.