E-WASTE: THE GLOBAL CONCERN

Aayush Chandra
Bharati Vidyapeeth New Law College, Pune


As we know that the coin has two sides- positive and negative, similarly technologies also lay down certain pros and cons. After the Industrial Revolution, it opens a new era of development. People have started adapting to the advancing of technology. And such advancing arose the problem of e-waste. Both developed countries and the developing are suffering from the e-waste problem. Due to the advancement of technology, the lifespan of the product is also getting shorter, for example- The demand of Samsung mobile phone has been growing exponentially and we can see in every 6 months the company introduce a new and advanced model of electronic gadget in order to survive in the competition. E-waste is a major problem, as not only it affects the environment, but also affects the health of the human beings and the government as well as the international agency should come together under one roof and try to make a stricter policy. The purpose of the paper is to delineate the e-waste problems and provide an estimated amount of e-waste produced, consequences, measures and techniques used by the countries in order to control the e-waste.


Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3

OUTSIDER MOVEMENT : A COLLECTIVE VOICE

Abhisar Vidyarthi
Maharashtra National Law University, Mumbai


An ‘Outsider’ is someone who is not accepted by the mainstream society. Racial and gender discrimination in the United States of America led to the development of ‘Outsider Jurisprudence’. Outsider Jurisprudence viewed laws as a reflection of the power differentials in the society and as a medium to further marginalize the outsiders in the society. In India, the tribal communities have been subject to historic discrimination and subjugation due to their backwardness. This subjugation and marginalization of the tribal communities in India has led to them being outcasts or ‘outsiders’ in the society. In 2011, nearly 1,960 tribals were imprisoned for demanding ration cards in Maharashtra. They had been asking for a ration card and the implementation of the Forest Rights Act to help them claim the land they had been tilling. However, the officials refused to give assurance to the tribals and arrested them when they peacefully protected against the arbitrary actions of the government officials. Tribal populations in India have been subject to various such discriminatory actions on day to day basis. Similar to the United States of America, various laws have been made by the State for the upliftment and mainstreaming to the tribal people. On that point it is important to understand that the tribes are highly attached to their culture and their land. Therefore, the government must acknowledge the beliefs of the tribes before carrying out any programme. As highlighted by Dr LP Vidyarthi in his book on Maler Tribe, the lives of the tribes are profoundly influenced by nature and that there is an intimate relationship and interaction between social organizations on the one hand and religious complex and ecological conditions on the other hand. Therefore, the paper shall examine whether the legislations and policies made by the government for tribal development are from the perspective of the law makers as illuminated by the ‘outsider jurisprudence’ or from the tribal perspective. The paper shall focus on the mainstreaming programmes and policies propounded by the government and the administration of tribal areas. The objective of the researcher is to critically examine the situation of outsiders in the Indian society i.e. the tribal communities and evaluate their progress. The paper shall promote the protection of the interest of the subjugated groups in the Indian society. It has been written in an article pattern and follows the Bluebook style of citation.

“It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people-women as well as men.”  

-Susan B. Anthony


Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3

CRITICAL READING OF NILABATI BEHERA V. STATE OF ORISSA | INSPIRED BY ‘APOCRYPHAL JURISPRUDENCE’ BY DESMOND MANDERSON

Shreya Joshi
Jindal Global Law School, Sonepat (Haryana) India


Apocrypha, as put by Desmond Manderson is not a school of study that requires any intellectual coherence or political agenda. This is one of the main reasons I chose to write on this area, and will be using the post-modern, or if I shall say, the apocryphal approach to do a critical reading of a case to see how the approach to law is motivated by certain concerns. This case is a primarily landmark judgments regarding the issue of custodial violence, and will be used as a pawn to see how the mighty court approaches the law, especially when it is directed to certain subjects. I will be using the first person narrative since a lot of these are my opinions, and secondly because I as an individual am not unique, and as a legal subject, am still a construct, with the closeness to law remaining a distant dream, and with the law presenting me with glaring reminders at every stage that it is much mightier and much more powerful than I am. The apocryphal needs a shared temperament and an imagination, both of which I believe I possess, and using these, I will undertake a reading of the case, Nilabati Behara v. State of Orissa, using the text Apocryphal Jurisprudence by Desmond Manderson as inspiration.


Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3

A SUMMARY OF THE REPORT ON ACID ATTACKS IN INDIA

Siddharth Baskar
Amity Law School, Amity University, Noida


Acid attack refers to the attacking with acid on any other person with the intention of causing harm, disfigurement, torture or the intention to kill someone. In India, acid attack is so far reported is due to various reasons. It can be rejection of marriage proposals, disagreement to giving dowry, refusal to intimate relations or even personal conflicts. Acid attack has become a very relatively commonly discussed topic in India. Trivial issues of dissatisfaction towards other or the opposite sex has led to this serious offence, the victims of acid attacks are subjected to temporary or permanent physical body disfigurement and suffer mental trauma. Various reports mention the mental state of victims. In many cases, victims lose hope and ultimately results in committing suicide. In some cases, acid attacks are socially, politically and sometimes even religiously motivated. This discussion focuses on certain aspects of acid attack, its causes, remedial measures and quantifying punishments for the same. The paper further attempts to focus on the socio-legal aspects of reducing such crimes. It discusses present scenario, the past conditions and the changes required in the present times to change the mental frame work. The summary is based on newspaper reports, literature and journals.


Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3

THE IMPLICATIONS OF CYBER CONTINGENCIES IN INTERNATIONAL HUMANITARIAN LAW

Abhivardhan
Amity University, Lucknow, Uttar Pradesh


Humanity has been the observant of various conflicts occurring within itself and so, has the International Humanitarian Law. This has become a quite considerable domain for observation, when it is to be tested how the wake of an ultimate digital revolution leading to the evolution of cyber age, social media and cybersecurity laws have lead to discover a newer set of legal institutions, which keep the equality of the sovereigns, which are inept with the cyber realm in the International Community. Liability and responsibility shifts us to consider how the IHL may turn out to be either a Public International Law or a Private International Law or a bridge between them for every human and statutory instrument, when both of the concepts become more applied and real in their presence. Pursuant to the Geneva and Hague Conventions, the cyber realm needs a more attention to regulate and identify the reachable aspect of IHL, which in the end represents individualism and representation. This inquires to discover a wider manifestation of the realm of phasing and representation-oriented privacy in the budding global cyber community, but has been so far quite limited, which must be dealt with a wider application in the IHL. The paper thus elucidates the various implications of cyber crises and revolution in various countries with a critical analysis of how these contingencies are going to change the fate and face of International Humanitarian Law with special references to various legal instruments and incidents in the cyber world.


Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3

NOT AN EXCLUSIVE SOVEREIGN ISSUE: ADVISORY OPINION FROM THE INTERNATIONAL COURT OF JUSTICE FOR GLOBAL WARMING

Anmol Gulechha
Research Assistant to Justice M. Sundar, Judge, Madras High Court


There is overwhelming scientific evidence that excessive anthropogenic Greenhouse Gas (GHG) emission is causing rise in global surface temperature; global warming or climate change. The Intergovernmental Panel on Climate Change (IPCC) through its Fourth Assessment Report entitled Climate Change 2007: Impacts, Adaptation and Vulnerability concluded that the anthropogenic climate change will have an adverse effect on human security and ecology balance. In 2002 Tuvalu threatened to sue USA in the International Court of Justice (ICJ) for causing global warming. Recently Palau expressed its desire to take the issue of international state responsibility towards global warming to the ICJ under its advisory jurisdiction. If Tuvalu or Palau succeed; ICJ will be under spotlight and the world will be expecting a robust judgment. In the light of these recent international activities first this article will draw attention to the scientific data from IPCC to establish a link between human activity and global warming and then move towards exploring the principles of international state responsibility, accountability, international treaty obligations and general principles of international law that the ICJ should analyse while exploring this new arena.


Read the full Manuscript

Posted by Suvid Chaturvedi in Number 4, Volume 3