Constructing a Legal Structure for Mainstreaming Environmental Conservation vis-a-vis Community Rights

Mohammad Haroon Rashid & Anu Mishra

Community rights are the rights which deal with the rights of the people who are basically living in a particular local area. The effect of globalization has brought a devastating effect on the fact that certain people have been deprived of their basic rights whereby their existence on the earth has become a threat due the very policies and the act of the government. Tribal s are considered to be the aborigines of the land and are therefore indigenous people, and account to 7.5% of the total population of the country. This very fact itself is explanatory that they are a significant part of the society. The present article throws light on the contemporary issues related to the tribal rights, with certain provisions mentioned in the constitution such as Article.14, 21,244, V Schedule and much more. The authors try to draw the attention towards certain groups among the Tribal which are facing problems in the present scenario o wing to the fact that they are deprived of their right to participation when the policies are framed relating to the usage of resources. The paper explains the significance of the land when it comes in relation with that of tribal people. The pa per further lays significance on various laws as well as committee reports made by the government, such as national association of local councils, local planning authorities etc.

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Towards Consumerism

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Priyanka Solanki & Akshit Kapur

A decade after the economic reforms process, today the Indian market is profoundly dominated by “consumerism”; a social movement seeking to augment the rights and powers of buyers in relation to sellers. From a predominantly sellers’ market it is being circumspectly transformed into buyers’ market where the exercised choice by the consumers depends upon their awareness echelons. Every citizen of the country is a consumer in one way or the other and thus ensuring consumer welfare is the paramount responsibility of the government. In a competitive economy the consumer rights could be protected only when the right standards for goods and services are secured by evolving a network of legal protection systems and institutions. The forthcoming article attempts an analytical, synthetic and critical analysis of the evolving trends in the consumer Laws  by reflecting upon the major developments in the field of consumer protection in India since 1984, when for the first time the statutory provisions for regulating unfair trade practices were consolidated in the statute book. It highlights the strengthening of provisions for consumer protection through amendments to the Act which have regulated the restrictive and monopolistic trade practices (the MRTP Act) and also surveys the major developments in the recent years which shall be considered as milestones in the history of consumer protection in India.

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Legal Status of Illegitimate Children- A Critical Analysis of the Personal Laws in India vis-a-vis Rights of a Child

Nikita Swamy

What is against the law is considered to be illegitimate or illegal. Such was the status of the illegitimate child until recently when the laws underwent a change due to social and political evolution and a shift in the thoughts of the people. In the present post – modern world, there is considerably less stigma attached to such terms. In progressive nations like the United States of America society is generally receptive to such children and the laws imposed also ensure that their rights are protected. Of late in countries like India there has been a change in the personal laws to incorporate this development, the most recent being the amendment of Section 16 of the Hindu Marriage Act and several judicial decisions . This paper attempts to track these change s among the three major personal laws in our country i.e. Hindu, Muslim and Christian.

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Capital Punishment- A Controversial Issue

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Narois Arora & Sabiha Tariq
B.A.LL.B. (Hons.) | Faculty of Law, Aligarh Muslim University, Aligarh

In recent times there is much debate on capital punishment. The hanging of Ajmal Kasab, Afzal Guru and Yakub Memon give us a good reason to discuss more about the practice of capital punishment in our country and in other countries as well. Therefore, it is important for us to know that there are number of people who consider capital punishment as inhumane whereas the advocates of capital punishment consider it a just penalty for the crimes such as serial killing, terrorism, murders, etc. However this article deals with number of cases following with laws that are made by various legislative bodies and a remarkable conclusion.

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Case Study- Mary Roy v. State of Kerala

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Karundeep Singh
B.A.LL.B. (Hons.) National Law School of India University, Bangalore

There have been numerous alterations in the Succession laws which apply to the Christian Community residing in the Travancore/ Cochin area. The laws which have been applied ranged from the Classical law as laid down by Moses to the laws framed by the Emperor of Travancore, then ca me British laws and finally Indian law after independence. Alongside the codification of the law by the legislature, we have the courts applying their reasoning to cases of intestate succession. The Landmark and conclusive case in this regard was the matter of Mary Roy v. State of Kerala . The judgement is marked as a defining moment in the constant struggle for gender equality in Indian Family Law.

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Leterm Mortem- Boon or a Bane

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Adhiraj Bhandari & Bindya Singla
3rd Year, B.A.LL.B. (Hons.) | Army Institute of Law, Mohali

Dying declaration is a very vital element of the Indian Law. “Words said before death” is enshrined in the principle of “ Leterm Mortem ” & in a legal sense it is called ‘ Dying Declaration ’. This research will be dealing with the minutest of details related to the dying declaration. Dying declaration being a very important evidence in Indian law is given in the Section 32 of the Indian Evidence Act of 1872.

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Protection and Conservation of Marine Environment and Biodiversity in India

Subhashree Mukherjee
Assistant Professor, JRSET College of Law
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Bashudeb Guha
Advocate, Calcutta High Court

The quantity and assortment of plants, animals and other living beings that subsist in different eco systems is known as biological diversity. The fertility of biodiversity rests on the climatic considerations and soil quality. It is sine qua non for ensuring the endurance of human species because it provides diverse resource to humanity. The marine environment has a very high biodiversity and contributes to many significant processes that have straight and circuitous impressions on both marine and terrestrial environments. However, due to several factors like oil spills, dumping and sea bed mining the marine biodiversity is getting affected. Therefore, there is a need to analyse the relationship between marine biodiversity and related factors. Standing at this point, the international community took baronial measures to protect and conserve marine biodiversity by arranging many international conferences, conventions and treaties. In this connection the United Nations Convention on the Law of the Sea, 1982 is a vital one. The parliament of India also made a good follow up of the proposals and rules prescribed by the international community for the protection, preservation and conservation of marine biodiversity. Though many issues have been addressed amicably, a lot more is awaiting to be achieved.

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Bhopal Gas Tragedy Aftermath- The Development of Environmental Policy in India

Abhishek Kumar
abhishekcnlu6@gmail.com | An Independent Researcher

The disastrous Bhopal Gas Tragedy occurred on December 2, 1984 at the premise s of Union Carbide India Limited officially killing 3000 people and unofficially around 10,000 people. After the leakage of 27 tons of deadly “ Methyl Isocyanate ”, about half a million of people became direct victims of the said tragedy, with a large number of people getting exposed of fatal diseases and environmental hazards in their surroundings . During the manufacturing process at the UCIL, highly volatile and toxic Methyl Isocyanate (MIC) 1 was combined with Alpha – Nepthol to produce Sevin, a kind of pesticide which was widely used in India at that time.

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Global Debate on Death Penalty in the Era of Terrorism

Kishore Dere
Advocate, The Supreme Court of India
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Dr. Juri Goswami
Research Scholar, The National Law University & Judicial Academy, Assam

This paper analyses international debate on death penalty in the terror - hit 21 st century. A decade and half of the new century has already passed. It has witnessed an unprecedented rise in executions . Ever since the 11 September 2001 (9/11) terrorist attacks on the US, there has been almost a legislative upsurge world over to pass draconian counter - terrorism laws. Death penalty happens to be a major feature of such laws. Guantanamo Bay detention camp is a vivid example of the so - called exceptional measure adopted by the US to face an exceptional threat of terrorism. The controversial practices such as water - boarding, confinement, sleep deprivation, rendition and detention, used by CIA to interrogate terror suspects have been widely debated. In this heated debate over national security and personal liberty, even the courts in democratic nations have at times upheld validity of such laws. Thus, judiciary has awarded death sentence to terror convicts. The global figures on the use of the death penalty in 2015 revealed two starkly divergent developments. On one hand, four countries abolished the death penalty, reinforcing the long - term trend towards global abolition. On the other hand, the number of executions recorded by Amnesty International during 2015 increased by more than 50% compared to 2014 and constituted the highest total that Amnesty International has reported since 1989, excluding China. It is necessary to analyse views of protagonists and antagonists of death penalty.

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Welcome to the Refreshingly New World Journal on Juristic Polity

Hey there!

Since its inception, the World Journal on Juristic Polity has been known for its fierce stance against stagnation. We have always tried to do something new. We have always tried to evolve. Being at the helm of the affairs of an International Journal of this repute requires us to understand our responsibilities towards the fraternity, and the Society at large.

A couple of years ago, the World Journal on Juristic Polity was established as a Journal for excellence in Legal and Political Research. With this iteration of the Journal, and its complete revamp, we aim to grow bigger than what we established the Journal for. We wish to see the change our Contributors have vouched for.

Keeping these things in mind, the following fundamental changes have been brought about in the Functioning of the Journal. Read on-

  1. We strive to be an Online Heavy enterprise that has real time updation and lesser processing times as it core functions. That does not mean that JURIP is not a Print Publication anymore. However, the focus has clearly shifted to the Online Niche.
  2. In that sense, we are proud to announce that JURIP is now using the Patented Real Time Updation & Publication Technique. We aim to get a research published within 7 days of the accent from its Contributor.

Starting tomorrow, all Research that is published by JURIP will be published here, at this very page, as a free to access post. Hence, the Publication of the Journal will now not be limited only to the day the Print Copy is Published, like the erstwhile practice. Some Research that seems to be pathbreaking to our peers will also be published as Featured Research on our homepage.

This endeavor has increased our efforts manifold. However, we are committed to the path we have chosen, and are sure that your support and suggestions will be the keys to our unmatched excellence in the profession of Legal Journalism.

With this, the editors declare JURIP 2.0, born. (If we are at the liberty to say so, that is. :P)

Keep Exceeding. Cheers!