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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    Indigenous Women and their Tenacious Strive for Forest Rights - An Indian Perspective
    (University of North Bengal, 2024) Rai, Ashima
    In the forestry systems of developing countries, distinct roles are often assumed by men and women. However, women frequently encounter systemic disadvantages stemming from cultural norms, socioeconomic barriers, and institutional biases that restrict their access to and control over forest resources and related economic benefits. Despite their essential contributions to the sustainable use and preservation of forest ecosystems, women’s roles continue to be underrecognized and undervalued. Policies and legal frameworks that govern land and forest management, which disregard gender dynamics and fail to adopt a rights-based perspective, risk perpetuating the legal and social marginalization of women. Such gender-blind approaches exclude women from decision-making processes and deny them fair access to the advantages derived from forest and land resources. This paper critically analyes current legal provisions, particularly focusing on India’s Forest Rights Act of 2006, to investigate how existing forest governance structures adversely affect lowincome populations, especially women. It also proposes targeted reforms designed to strengthen gender equity, enhance women's rights, and promote both social justice and ecological integrity within India’s forest management practices.
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    Protection of Women’s Dignity and Development of Laws against Revenge Porn on Women in India: A Comparative Study
    (University of North Bengal, 2024-03) Sharma, Om Prakash; Roy, Lalit Kumar
    Revenge porn, means the unauthorized dissemination of private photographs or videos of a victim in cyberspace, is a newly judicially recognized crime and has an increasing trend in society with the increasing prevalence of technological advancement. This type of non-consensual pornography which is virtual rape, takes place for several reasons, i.e., taking revenge on his ex-partner, sextortion, blackmailing, getting custody of children from a divorced spouse, etc., which causes sexual exploitation, domestic violence, and more. Recent data shows that about 27% of total internet users in between 13-45 age groups were subjected to revenge porn in India. Though cases are being dealt with, with the help of the Indian Penal Code, 1860 and Information Technology Act, 2000 but till now, there are no explicit provisions dealing with this crime where victims can avail themselves of the relief effectively and without any hesitation. Today, no one can think of a life without the use of the Internet, but protecting women's rights is also a significant concern. Using a comparative analysis, the authors of this research paper will attempt to understand the rising concerns of revenge porn and its development and will try to present a solution to the problem.
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    Women’s Right to Property: An Enigmatic Cauldron of Growing Landlessness of Women across the Globe
    (University of North Bengal, 2024-03) Patil, Aishwarya; Kumar, D. Ganesh
    There is a rise in the participation of women in practically every economic area. The number of women who are leading houses and participating in the world's workforce formally is growing at an alarming rate. In spite of these tendencies, the percentage of land that is legally owned by women is a much lower percentage than that of males across the globe, and women are routinely denied the opportunity to ownership. There are a number of social, cultural, historical, political, and legal variables that contribute to the lack of property and inheritance rights that women have, and the precise patterns of ownership and disenfranchisement may vary greatly from place to place. If a woman does not have a formal title to land or property, for example, it is very difficult for her to acquire a loan or line of credit since she has no security to put up against the debt. This further results in women’s lower status and higher rates of poverty compared to men. This raises many inquiries such as 1. To what extent do women own property globally? 2. In what ways do societal and cultural norms prevent women from gaining access to, controlling, and owning land? 3. What legal, social, and political obstacles prevent women from acquiring, using, and/or reselling land? Therefore, the need of the hour is not just enacting strict laws and regulations but also making sure that these laws and regulations are put into force properly in order to increase women’s access to owning land. This article traces the intellectual waves and political and social factors that formed the difficult disputes over the basic right to property in India, the US, the UK, Islamic countries like Pakistan, Saudi Arabia, Iran, and several African countries and further discusses the barriers faced by women across the globe to in order to have access to the right to property and finally recommend a way forward.
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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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    Indian Women in the Event of Social Transformation – Legal Perspectives
    (University of North Bengal, 2020-03) Das, Sudeshna
    "All collective human life is indirectly shaped by law. Law is like knowledge, an essential and all pervasive fact of the social condition" –NiklasLuhmann. Law is the reflection of man's social consciousness at a given period of time.Society is a changing phenomenon and this process requires to be maintained by some machinery in order to avoid disorientation and disarray. Legal propositions, researches and judicial pronouncements are those instruments which are developed in the form ofnorms and principles and its accuracy being checked and then applied as true principles of law.