Asian Law & Public Policy Review (ALPPR) is an annual, peer-reviewed e-journal dedicated to the intersection of law and public policy. With ISSN: 2581-6551, ALPPR provides a scholarly platform for research that examines contemporary issues in law and public policy. The journal covers a wide range of topics, embracing both legal and policy perspectives without restricting itself to any particular subject matter. The objective of ALPPR is to encourage research that explores the complex relationship between legal principles and public policy, offering insights into how these fields shape societal outcomes. The journal is open to researchers from all nations, provided their work aligns with the journal’s core focus on law and public policy.
License Terms Ownership and Licensing: Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License. License Permissions: Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited. Additional Distribution Arrangements: Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged. Online Posting: Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work. Responsibility and Liability: Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
WHO ARE WE? THE PEOPLE OF SOUTHERN CAMEROONS ASK
Because there can be no Cameroonian nationality outside la Republic, international law recognises only the inhabitants of la Republic of Cameroon as Cameroonians. Acquisition of Cameroonian nationality is only by treaty and once the treaty is abrogated, you are no longer a Cameroonian. If the 1972 constitution which gave the people of southern Cameroons nationality was abrogated, then who are we? The people asked. This paper begs an answer to this question. In answering this question, it is useful to have a look at the history of Cameroon. True African history is important because it plots a course for the understanding of the people’s past and present. It help the people locate themselves on the map, tell them of their historical time of the day, who they are, what they have been, where they are now, but most importantly, where they still must go. We cannot therefore gainsay the fact that in the absence of true African history, many will be left in the dark as it is the case today in Cameroon. A description of the history of Cameroon will provide an important background to asserting the identity or nationality of the people of southern Cameroons.
Copyright (c) 2020 https://creativecommons.org/licenses/by-nc-sa/4.0
A COMPARATIVE ANALYSIS OF CRUCIAL FEATURES OF THE CONSTITUTIONS OF NEPAL AND INDIA
When comparing Nepal's 2015 Constitution to India's 1950 Constitution, the study considers critical issues such as citizenship, inclusion, fundamental rights, and judicial independence. Both constitutions are concerned with one another. To a socialist society founded on democratic principles and goals, as well as human competitiveness. Civil liberties, fundamental rights, and federalism are all components of a democratic multiparty system of governance. republic, secularism, adult voting, regular elections, unrestricted press freedom, and an independent press. The rule of law is predicated on independent, unbiased, and competent judges who are free to do as they like.
Understanding Educational Frameworks: Analyzing the Impact of Privatization on Right to Education (RTE)
Education is an essential instrument for the emancipation of humankind. It plays a significant role in social and cultural development. Education provides social, economic, cultural and political rights to the deprived and marginalized communities. Eminent philosophers of education such as John Dewey, Emile Durkheim, one of the founding fathers of sociology, and B.R. Ambedkar, the father of the Indian constitution perceived education as a vehicle for social transformation and as a means of individual and community emancipation. The liberalization, privatization and globalization policies in the Indian education sector have challenged the constitutional right to education. This paper aims to explain the impact of privatization and globalization on the education system in India. It also explains the privatization of education and its impact on women and marginalized communities. Further, this paper explains changes in primary and higher education in the post-implementation period of privatization and globalization policies.
Copyright (c) 2018 https://creativecommons.org/licenses/by-nc-sa/4.0
The judiciary is the third organ of the government whose role is to apply the laws to specific cases and to settle the disputes. So when the judges give out their judgment the real meaning of law is defined. The court has the right to interpret the constitution. “From the citizen’s point of view, Judiciary is the most important organ of the government because it acts as their protector against the possible excesses of legislative and executive organs. Role of Judiciary as the guardian-protector of the constitution and the fundamental rights of the people makes it more respectable than other two organs”. “Judiciary is the repository of public faith. It is the trustee of the people. After knocking at all doors, when one fails to get his grievance redressed, judiciary is the only hope which comes to one's rescue. It is the only temple worshipped by the citizens of the country regardless of religion, caste, creed or place of birth.” So the people have very much trust on the judiciary and they are in the hope that if no one listens and if we knock the doors of judiciary then they will be there always to give the justice. Because the only ray of hope of the citizens is the judiciary. The judiciary is the guardian of Constitution of India and Fundamental rights of the citizens. The Constitution of Indian is a single integrated system with District Court at the lower level High Court at the middle level and Supreme Court at the apex.
Copyright (c) 2019 https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Framework For Researching A Post-Covid Social World- A Book Review Of Transformative Law And Public Policy
The true nature of a transformative constitution is that it demands the state to actively pursue these goals in its policy making being guided by Directive Principles of State Policy enumerated in Part IV of the Constitution. With taking instances illustrating law-policy interface, from global to national level, this book highlights topics which have resurfaced during the COVID times, like labours, migration, minorities, land issues and most imp the interface of law and policy. While the academia waits on to research on ground, in this book review, we will see a framework this book provides us with a legal framework for researching in a post COVID social world.
Animals play a major role in human existence. Animals are used for pharmaceutical research to acknowledge diverse forms of human and animal diseases and moreover for anticipation and treatment of it. Since there are no other methods, animals are still being used for enhancing health conditions of humans and animals. The laws for experimentation on animals are laid down under the provisions of Prevention of Cruelty to Animals Act (PCA), 1960 and the Breeding of and Experimentation on Animals (Control and Supervision) Rules, 1998. The laws are executed by "The Committee for the Purpose and Supervision of Experiments on Animals"(CPCSEA), it is a legal body established in the year 1964 under Chapter IV, Section 15(1) of PCA Act. The main aim of the committee is to make sure the animals are used in research judiciously. Unfortunately, even after all these provisions the issue related to the behaviour of animals and lack of adequate facilities to animals still persists. This article discusses the provisions, ethics and regulations related to Animal Experimentation in India. It also provides information about the functions played by the various committee in protecting the animals from severe pain and suffering and further discusses the relevant changes made in the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998.
Problematisation of Sex-Selective Conception and Abortion in India: Implications and Legal Responses
Discriminatory practices against women have been a common problem in Indian society since many decades. This is attributed to the rudimentary factor of a patriarchal dogma that is deeply rooted in our society. Women were mostly treated as a liability on the family and hence, treated sans dignified existence. Consequentially, inhuman social evils like female infanticide and female foeticide have been rampant. To aggravate the already persisting problem, modern technology in the form of assisted reproductive technology is being misused today for sex-selective conception. On account of such gender discriminatory practices, the declining sex ratio in India is still persisting. To remedy the evil of gender injustice, the Constitution of India envisions an egalitarian society to empower women. The attainment of the goal of gender equality is one of the most crucial Constitutional goals. In India, sex-selective conception and sex-selective abortion has been prohibited by the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (Act 57 of 1994), the Medical Termination of Pregnancy Act, 1971 (Act 34 of 1971) and the Indian Penal Code, 1860 (Act 45 of 1860). The effective implementation of these laws is still not in sight. It is thus, a necessity to critically understand the gravity of the problems highlighted by taking into account of the social and cultural factors along with the existing legal framework.
Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
The Critical Study of Legal Regime Governing Property Rights of Women – A Human Rights Perspective
In the history of humanity woman has been as important a factor as man, yet she was always looked down as an inferior creature. It is harsh reality that women have been ill- treated in every society for ages. The developments of a nation solely depend on the social status of women and women constitute almost one half of the globe’s population. However, women have been the victims of exploitations by male dominated society and continue to be exploited. But now it is required that women need to be empowered and men need to be oriented about their obligations towards women. Women are entitled to enjoy the same human rights and fundamental freedoms as other individuals. International human rights treaties require state parties to take proactive steps to ensure that women’s human rights are respected by law and to eliminate discrimination and practices that negatively affect women’s rights. The significance of gender equality in property is accepted not only from human rights point of view but it also important for every human development because now a day’s world move to ‘socialize’ and to achieve it the gender equality is necessary. It also includes women’s rights in access and control the property. Women’s property right is an important for her overall living conditions. The object of international human rights laws is to give a basic skeleton to each human being by the State which helps to achieve the object of it. The role of International Human right laws is to bring social reform for property rights of women and empower women which vary from country to country. Thus, women deprived her property rights due to gender inequalities in custom, religion and so on. The international human rights laws are important tools by which women empower themselves. International law as well as Domestic law used to protect rights and responsibility of citizens including women. The article examines the international Resolutions, treaties and Covenant that relate to women’s property rights. This article examines how the ‘women’s property right’ concern to other important international instruments with women’s human rights; in particular, the issue of equality in property.
The Ethics of Legal Process Outsourcing in India: Globalization and Commodification
The responsibility of lawyers grows as their practices grow with time. The responsibility from becoming a part time assistant to a full-time employee along with the power of supervising, regulating increases their liability. The economy of a country changes with time and in this era of economic condition the demand for cost effective and time effective method of completion of legal process is in demand by the public and the process of Legal Process Outsourcing (LPO) has turned out to be the perfect mechanism to achieve it and attract the clients. The process of outsourcing has no longer remained a novelty but has become a reality in this 21st century for a developing nation like India. With the emergence of time, India has become one of the most favorable destinations amongst legal outsourcers due to its convenient time zones and a majority of English-speaking population. However, amidst the evolving nature of the outsourcing industry in India, serious ethical, legal and professional issues are concerned with it. Ethical implications like client confidentiality, conflict of interest, unauthorized practice of law, disclosure to clients and billing practices have always hinders the growth of the process in India. Thus, this paper attempts to point out the possible ethical concerns that may arise out of the outsourcing process and proceeds to assess the existing regulations that deals with the ethical issues of outsourcing by examining the rules and guidelines that govern outsourcing in India and United States. Moreover, the paper tends to assess the lacunae in the regulatory framework that controls the outsourcing process in India and tries to seek some recommendations to improve the condition of the same and the future prospects of the LPO firms so as to be at par with other developed nations like United States.
Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-sa/4.0
An Analysis of Section 138 of the Negotiable Instruments Act, 1881 with reference to 420 of IPC
The first draft of the Negotiable Instruments Act was created in 1866, and it was implemented in 1881. It was once a colonial statute and is still commonly used today. With the passage of Section 4 of the Banking, Public Financial Institutions and Negotiable Instruments (Amendment) Act, 1988, Chapter XVII, Sections 138 to 142 were added to the Act after a century (Act 66 of 1988). The penalty for dishonouring a cheque is covered under Section 138 of the Act. The cheque is a payable document drawn on a certain banker and does not expressly state that it is payable to someone else on demand. The researcher is analysing section 420 of IPC with Section 148 of Negotiable Instruments act. Section 420 deals with punishment up to seven years in case of cheating with regard to failure on delivering of property. The researcher will analyse all the key loopholes in the provisions of Negotiable Instruments and accordingly present the findings. The researcher will further rely on doctoral method of finding data.
Role of Black Money in Degrading a Nation’s Economy –Challenges and Remedies
Black Money is the untaxed money on which the defaulters wilfully don’t pay tax and try to hide it from the government or the Income Tax authorities. It is mainly done through evading taxes. Tax Evasion and Avoidance have been one of the hot topics of taxation law as they play an important role in the generation of black money in any nation. Tax Evasion is illegal and mainly consists of deliberate failure on part of an individual to pay the taxes. This not only deprives the government of the money that it should have received in form of a tax but also proves to be a blockade to the development of the country. The money that is not given to the tax officials may be used for illegal activities that are problematic for society and the nation at large. Tax Avoidance, on the other hand, refers to taking advantage of the existing loopholes in the taxing system and is not completely illegal. It doesn’t have the same repercussions that tax evasion has. The author has tried to figure out the reasons of generation of black money in an economy like India and proposed remedies or solutions for stopping it from going out of the country. The literature review is a perusal of write-ups of authors who have expressed their views profoundly and the research methodology is doctrinal in nature including the principles of applied research.
Education is Human Right: Indian Scenario
It is an undisputable statement that education is not an honour but it is a human right. The roots of education may be bitter but the fruits are sweet. Education comes under the concurrent subject and hence enactments are made by both State and Central governments. International Instruments provisions are incorporated into municipal laws. The importance of education is innumerable. The State within the limits of budget and domain tries to make actual provisions with respect to education, right to work, and financial assistance in cases of unemployment, old age allowances, illness, and incapacitation, and in other cases under Article 41. The author made an attempt to explain that education is a right both an educational right and a human right. Some landmark judgments are mentioned to concrete or solidify the idea of the right to both fundamental rights and human rights. It is now an undisputed fact that educational rights can be realised on a national level only through compulsory education, or better said, through free and compulsory primary education. However, due to the extensive poverty and various biases in society. Full access, quality, and equality of education have not been attained in suddenly and it is a long-time plan to reach sustainable development in elementary education in India. The author ends his research paper with a conclusion and recommendation.
The Dichotomy in Self-Regulation of Online Fantasy Sport Platforms
The rise of internet has given birth to a plethora of digital platforms all performing various kinds of functions. One such distinct platform is that of Online Fantasy Sports, a sub-category of the Online Gaming Platforms. The Online Fantasy Sports Platforms in India face a unique problem for two reasons— lack of regulatory norms and confusion regarding the level of skill or chance involved in the game. In this article, an analysis of the self-regulation system is done which proves that the system is heavily flawed. Finally, a conclusion is drawn based on the analysis drawn that self-regulation is not an effective practice with respect to OFSPs and therefore is not a feasible means of regulation.
Decentralizing Environmental Disputes in India
India lacks a comprehensive climate legislation, however, there are several environmental legislations to combat the effects of climate change. In relation to protecting the environment, the proactive efforts of the Indian judiciary that has often acted as a ‘lever of transformation’ has been recognized globally. However, it has been seen that in most climate change litigation in India, climate concerns that affect human well-being often take a backseat while these litigations usually get limited to enforcement of existing environmental laws. This paper highlights the role of India’s National Green Tribunal which was established as a dedicated environmental court under the National Green Tribunal Act 2010 using it is an example to underscore how far the decentralization of environmental justice has worked in India. The paper brings to attention the out the jurisdiction, powers, and functions of the tribunal for effecting environmental justice, the significant cases adjudicated by it, the principles applied, the accessibility and value addition to environmental jurisprudence through innovative application of law and the objectivity demonstrated by the tribunal in balancing the protection of the environment and sustainable development.
Study on the Offences of Stalking, Voyeurism and Sexual Harassment in India
Stalking, voyeurism, and sexual harassment are serious issues that have been plaguing India for years. These acts of violence and intimidation are not only a violation of an individual’s rights but also a threat to their safety and well-being. Despite various laws and policies in place, these crimes continue to persist and affect many individuals, particularly women. A study on stalking, voyeurism, and sexual harassment in India can help shed light on the prevalence, nature, and impact of these crimes. It can also provide insights into the existing legal and institutional frameworks and identify gaps in addressing these issues. By examining the factors that contribute to the perpetration of these crimes, such a study can inform the development of effective prevention and response strategies.
From Tragedy to Transformation: The Role of CSR and the Rana Plaza Collapse in Rebuilding Bangladesh’s Garment Industry
Globalisation and its tropes, privatization, deregulation, and liberalisation have led to the proliferation of transnational corporations. Further, as one of the main drivers of the globalisation, the corporate activities of Trans- National Corporations (TNC’s) have relevance economically, socially, and environmentally. It is pertinent to consider that many TNC’s operations take place in the least developed countries of the Global South, and it is here where the notorious human rights abuse often occurs and are harder to regulate. The Rana Plaza Collapse was one of the most devastating incidents in Bangladesh that claimed the lives of more than 1,100 people and injured thousands. The incident exposed the harsh reality of the working conditions in the garment industry in Bangladesh and brought international attention to the issue of corporate social responsibility (CSR) in the country. In the aftermath of the disaster, CSR has become more important than ever before in Bangladesh. This research paper explores the continuing importance of CSR in Bangladesh following the Rana Plaza Collapse and examines the ways in which companies can implement effective CSR strategies to improve working conditions and promote sustainable development in the country.
Pathways to Justice: Expanding Access for Everyone
This paper aims to explore and analyse the pathways to justice with a focus on expanding access for everyone. Access to justice is a fundamental right that ensures equality, fairness, and the protection of individual and collective rights within a legal framework. However, many individuals and marginalized communities face significant barriers when attempting to navigate the justice system, leading to a lack of access and resulting in systemic inequalities. This paper examines the challenges faced by different groups, such as low-income individuals, minorities, and persons with disabilities, and explores strategies to expand access to justice and promote inclusivity within the legal system. It analyses various approaches, including legal aid programs, technology-enabled solutions, community-based initiatives, and policy reforms, that have the potential to bridge the justice gap and enhance access for all.
An Analysis of the Capitalization Potency of ‘Value-Investment Opportunity’, arising from Global Recessionary Pressure through the Regulation of Outward Foreign Investment Policy by India with Comparative reference drawn to China
The People’s Republic of China utilizes the regulation of both it’s inward and outward foreign investment policy as it’s means of geo-political expansion. Outward Chinese Foreign Direct Investment, quite often implies the investment of capital by Chinese instruments of state (either directly or through the exercise of vicarious control), into private and public foreign enterprises, definitive of critical infrastructure for the recipient state (i.e., the ‘Compana General De Electricidad’ of Chile, being the Chilean electricity grid, acquired by China State Grid). The Chinese state finances such geo-political expansion, also through the practice of inward FDI policy regulation (incentivizing domestic manufacturing by foreign and local enterprises, contingent upon export assurance), with the advancement of neo-mercantilism and state control- generating a balance of payments surplus (available to the discretionary use of the state).China has been, and will therefore be, well positioned to capitalize upon the widespread ‘value-investment opportunity’ arising from the market value depreciation of enterprises, devoid of intrinsic value fluctuation, in the light of global recessionary pressure (as exemplified by Chinese investment during COVID-19). India on the contrary has experienced the augmentation of disparity between outward and inward foreign direct investment, with the former, exceeding the latter by 6.3 times as of 2022, according to the reserve bank of India. As there is a clear demarcation between private and instrument of state derived outward foreign investment, in the context of India, due to democratic impetus (translating to codification), restraining significant vicarious state control of the private sector; India’s prospective capitalization of the recession-induced ‘value investment opportunity’, may not imply concurrent geo-political expansion. India’s capitalization potential, is therefore at a relatively nascent stage, in comparison to China, however the objective of this essay is to highlight how the strategic regulation of India’s outward FDI policy, entailing outward FDI augmentation and imposition of the contingent requisite of national interest alignment/adherence, in conjunction with India’s inward FDI policy, fostering a model emblematic of neo-mercantilism with export incentivization/assurance-imposition, may catalyse India’s attainment of geo-political prominence.
Gender-Neutral Rape Laws: Addressing the Long-Standing Conundrum in Indian Laws
The prevailing perception of rape laws predominantly revolves around male perpetrators and female victims, reflecting traditional gender norms and stereotypes. However, in recent years, the urgent need for a gender-neutral framework in addressing sexual offenses has gained significant attention. This paper aims to explore the complexities and potential implications of implementing gender-neutral rape laws in contemporary societies. The first section reviews the historical context of rape legislation, illustrating its gender-biased roots and its impact on survivors of all genders. Subsequently, the paper analyzes the evolving societal understanding of gender, dismantling the binary perspectives and acknowledging the experiences of individuals beyond the male-female spectrum. The role of gender neutrality in fostering inclusivity, breaking stereotypes, and promoting equal rights is emphasized. Drawing upon case studies and legal analyses from diverse jurisdictions, the paper highlights the challenges faced when transitioning towards a gender-neutral approach to rape laws. Issues such as victim-blaming, cultural resistance, and the safeguarding of due process are examined, presenting a comprehensive view of the multifaceted obstacles. Furthermore, the research delves into the potential benefits of gender neutrality in rape laws, including enhanced reporting and prosecution rates, increased protection for all survivors, and the establishment of a more just legal system. The paper also addresses concerns regarding false accusations and the importance of balanced measures to protect the rights of both accusers and the accused. While acknowledging the complexity of this transformation, the paper ultimately advocates for an inclusive, gender-neutral approach that upholds the principles of equality and justice for all individuals, regardless of gender identity or expression.
Analyzing the Jurisdictional Arbitrage Potency of Indian Contract Law: With the Distinct Application of the Parol Evidence Rule of Contract Interpretation
The Common Law Parol Evidence Rule, is a principle of restraint in contract interpretation derived from common law courts (specifically inclusive of the jury system, i.e., the United States of America- U.S.A, since 1630)- excluding the consideration of preceding, contemporaneous (oral- specifically exempting written stature), and successive (subject to jurisdiction: i.e., allowed in the U.S.A, but barred in the United Kingdom- U.K) statements, agreements, and conduct (oral, written and behavioural- subject to jurisdictional requisite) deemed ‘extrinsic/Parol evidence’, in the contrary/alternative interpretation of contracts, in the presence of attributed ‘written stature’ (expressly representative of the intentions of the parties). The objective of the rule is to sanctify the ‘written stature’ of contracts, with the attribution of inherent finality and determinative impetus. Post initial conception by common law courts as a tool, to direct the attention of juries, towards the specific written provisions of contracts subject to litigation, inhibiting bias upon the consideration of irrelevant prior evidence, being agreement/statement/conduct (not mutually exclusive)[ii], capable of impeding the textual interpretation of contracts; the Evidence Parol Rule, has been subject to manifestation/rejection (wholly/partially), across several legal systemic-integration efforts, bearing legislative impetus- i.e., the United Nations Convention on Contacts for the International Sale of Goods (CISG), the International Institute for Unification of Private Law (UNIDROIT PICC) Principles of International Commercial Contracts, Principles of European Contract Law (PECL), the Restatement (Second) of Contracts and the Uniform Commercial Code (UCC) [in the context of the U.S.A] and jurisdictions (including the U.S.A, the U.K, India- being a partial integration jurisdiction according to precedent and statute such as the Indian Evidence Act 1872 and the Indian Contracts Act 1872, and civil law frameworks such as Japan, France and Germany). The whole/part acceptance/rejection of the Evidence Parol Rule, determines the fundamental scope of Contract Interpretation in a Jurisdiction, and upon explaining the process, the objective of this essay, is to substantiate the Jurisdictional Arbitrage Potency of the Indian Contract Law Regime, along the lines of preserving ‘Contractual Purity’.
‘Heads You Win, Tails I Lose’: The Fate of Brunei’s LGBTQ Rights in Face of the New Syariah Penal Code
How often do States consider their international reputation being signatories to international human rights documents? Brunei’s nation- building project with a stricter penal code has met with a severe international backlash. State crackdown on propagating LGBT culture and lifestyle has been harsh, unjust, and unreasonable. It brings us to the forefront to resolve human rights practice in domestic politics within an international ‘soft’ law practice for advocates. The unbearable intolerance and forced marginalization of LGBTs arises from abnormally constructed gender norms. Even policies claiming good faith discrimination would not agree to stripping human dignity, at its worst. In this article, we examine the status of LGBT rights against the international response. We then look at social repercussions of LGBT culture and lifestyle within a religious legislative machinery. We also look at how far Islamic policymaking is in conformity with international human rights documents and its problematic provisions, phased implementation, and comparative criticism.
Transforming Vision for Education in India: National Education Policy 2020
The National Education Policy of India 2020, often abbreviated as NEP 2020, is a comprehensive policy document that was approved by the Union Cabinet of India[i] on July 29, 2020[ii]. It outlines the vision for the transformation of the education system in India. The NEP 2020 aims to bring about significant reforms and improvements in the Indian education system, with a focus on several key areas. The National Education Policy of India 2020 is indeed a comprehensive framework that covers education from elementary levels to higher education and vocational training. Its vision extends to transforming the entire education system in India over the course of two decades, with the goal of achieving these transformations by 2040. The policy represents a long-term vision for improving the quality, accessibility, and inclusivity of education in India, and it encompasses a wide range of educational levels and domains.[iii] The goal of achieving these transformative changes by 2040 represents a long-term commitment to reshape India’s education system to be more aligned with the needs of the 21st century and to promote holistic development, creativity, and critical thinking among students. Achieving these goals will require concerted efforts, policy implementation, and investments in education over the coming years. The present paper is about the recent education policy of the Government of India. The study is doctrinal in nature. In line with that, the paper also presents the Transformation made in the education system of India.
Exploring Human Dignity in Africa through the Lens of a Muslim
This study explores the relationship between Islam and human dignity in Africa, focusing on Islamic teachings on social justice, human rights, and ethical issues. It examines how Islam has influenced African conceptions and practices of human dignity, highlighting the obstacles to dignity and the effective ways Islamic values have been applied. The study provides theoretical advances in Islamic ethics, African societies, and human dignity, offering a framework for understanding human dignity in Africa from an Islamic perspective. It also highlights the challenges and possibilities for enhancing human dignity in African communities where Muslims predominate. The study encourages cooperation between Muslim and non-Muslim communities to find solutions to dignity-threatening issues.
The Inherent Futility of ‘Exceptional’ Debt Recovery Mechanisms Alternative to the SARFAESI, 2002: Such as the ‘OTS’ Scheme Due to Creditor Rights Primacy
The primary modus of debt recovery by ‘Secured-Creditors’, in the jurisdiction of India, is subject to the legislative impetus of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), with the alternative/resultant: initially direct (for secured-creditors) /appellate (for borrowers), recourse of Debt Recovery Tribunals and Debt Recovery Appellate Tribunals-prescribed by Sections 17[i] and 18[ii] of the SARFAESI Act [originally stipulated by the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDBFI Act, 1993) and the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993)], and the ultimate recourse of the Insolvency and Bankruptcy Code-(IBC, 2016).
Analyzing the Regulatory Arbitrage Potency of the Indian Corporate Restructuring Regime, in the Specific Context of Reverse Mergers from the Lens of Investor Protection
The concept of corporate restructuring may be primarily defined as the systemic alteration of corporate composition; entailing the “re-organization” of business activity [classified as principal revenue generation/operation; Investment (Portfolio-Holding) and Financing][i] in furtherance of the optimal fulfilment of organizational objectives (subject to the mitigation of extraneous and intrinsic cost- inclusive of ‘Agency Costs’). Corporate restructuring, may hence be characterized as a modus operandi of evolutionary business survival- fostering the dynamic mitigation of detrimental costs (often impairing fundamental profitability/metrics of financial health)- attributable to both internal and external business ecosystems. The 3 forms of corporate restructuring- derived from the classification of business activity, entail: financial, organizational and investment portfolio restructuring.[ii] Financial restructuring would amount to the alteration of corporate capital structure or the principal financing activities of a business. Organizational restructuring would amount to the alteration of principal business operations (entailing the combination of productive factors- and their organization i.e., human capital deployment, sales strategy deployed). Investment portfolio restructuring would pertain to the alteration of a company’s investments (potentially subject to any degree of control/stake retained by the company devoid of the materiality of ‘holding characterization’) and/or investment structure (potentially definitive of the composition of its principal business operations). Such classes of corporate restructuring transactions, may be subject to concurrent relevance, with a specific restructuring attempt (i.e., The acquisition of a competing business), potentially amounting to financial, organizational and investment portfolio restructuring.
Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-sa/4.0
With the spread of the Coronavirus pandemic, numerous cities in the world, imposed quarantines or launched public awareness campaigns encouraging people to avoid traveling unless absolutely necessary. The decrease in urban movements has significant environmental consequences, such as reduction in pollutant emissions and an increase in household and hospital waste. COVID-19 is spread mostly through large gatherings and close contact. In social events or at work, the WHO recommends keeping a social distance of 6 feet. The majority of COVID-19-affected nations have implemented required countermeasures, such as lockdown, to counteract the virus. Hotspots have been completely locked down and sealed, which has decreased needless movement. Furthermore, full lockdown in the nation (India) along with social isolation aided in breaking the COVID-19 transmission chain. By eliminating person-to-person interaction, the complete lockdown has been determined to be the most effective measure in preventing COVID-19 transmission. In this paper, we have discussed some major effects of COVID 19 on the environment in India.
Uniform Civil Code: Dream of Every Indian
At times, in India the question of relevancy of the Uniform Civil Code has been raised. The demand was made by the opponents to bring all personal law within the reform process. The question of Uniform Civil Code became topic of discussion in 1970 when attempts were made to introduce an Indian Adoption Bill on secular lines. The Judicial pronouncements have brought the question of Uniform Civil Code to the fore. In the light of these developments the questions arise, why Uniform Civil Code is relevant? Is there immediate need of it? Whether incorporation of Uniform Civil Code in Article 44 of Constitution was itself a mistake? Uniform Civil Code has been regarded as an important means to achieve constitutional objectives but, at the same time there have been some genuine and practical problems for its adoption. There has been apprehension, confusion, fear and distrust within the community and between the communities. With the passing of each year the problem to enact a Uniform Civil Code is becoming more difficult in comparison to 1950s. Now, the Indian society is less prepared to sacrifice their vested interests which are necessary condition for adoption of Uniform Civil Code. In order to remove the fear and distrust relating to Uniform Civil Code, there is a great need to educate the people. The right thinking people in general and academics in particular have constitutional duty to educate the public opinion for adopting Uniform Civil Code in India.
Legal Challenges and Prospects in the Implementation of Public Private Partnership (PPP) Policy in Nigeria
Public Private Partnership (PPP) as a procurement option in Nigeria’s quest for the reduction of deficit in its public infrastructure stock has not been wholly successful. In this respect, the paper looks at the challenges of PPP implementation as well as the prospects that in spite of these challenges, the PPP model remains a realistic solution to public infrastructure provision in Nigeria. Using the doctrinal research methodology to leverage on information from journals, conference papers, newspaper articles and internet searches, the paper was able to identify weaknesses in Nigeria’s PPP legal framework, the inadequacy of the PPP policy and processes, institutional conflicts in PPP regulatory environment, and the lack of PPP capacity and experience of both public and private sector officials as the major challenges militating against PPP success in Nigeria. However, in spite of these challenges, the paper was able to show that the PPP option still holds an ace of card in view of National aspirations for adequate infrastructure provision; insufficient budgetary provision for public infrastructure; increased enthusiasm of public sector officials to leverage on private sector finance and expertise; efforts by stakeholders to amend the dominant PPP legislation; the foray into the sector by the Central Bank of Nigeria and the Federal Ministry of Finance with the potential of reforming the PPP financing aspect; as well as the conduct of the judiciary, which has left no one in doubt of its resolve to be fair and just between and among contracting parties. The paper therefore recommended an amendment of the Infrastructure Concession Regulatory Commission Act so as to expand the definition of PPP; recognize other types and tendencies of PPP; provide for ‘savings’ and ‘exclusion’ sections in order to mitigate institutional conflicts; and adopt a more all-encompassing and investment-friendly name as the words ‘concession regulatory’ in the short title of the Act is anything but user-friendly.
Conservation of Our Green Lineage – The Soil
Soil conservation in short can be defined as “preservation of soil from erosion”. This means, protecting the top most layer of the soil from any kind of erosion, or preventing its fertility content due to over usage, salinization or due to any other form of soil contamination. Soil conservation is a set of farming techniques and procedure which are adopted to avoid soil erosion, soil degradation and depletion of fertility of the soil. To avoid these kinds of issues, it is the utmost priority to apply conservation methods to improve production on the same soil, by increasing irrigation facilities, proper fertilization’s to be used in such a way which shall not affect the fertility of the soil, and imparting ourselves to various hybrid means.
Risk Prevention And Control And Construction Path Of Criminal Compliance Of Construction Engineering Corporates
The corporate compliance system, an internal control mechanism to prevent, detect and stop illegal and criminal offences within a corporate, can serve to effectively solve potential criminal compliance risks in construction projects. The construction projects are characterized by their long-term, continuous and concealed nature. In addition, the system design of construction projects is limited by many factors, including the limitation of traditional centralized administrative mode, the absence of process supervision mechanism and reciprocal motivation mechanism, the complicated setting of supervision matters, the lack of reciprocity of the motivation mechanism and the dislocation of the main body in regulatory responsibilities. Such that, numerous violations of rules and regulations, including quality-centred disputes and safety accidents, keep coming up in the construction industry in China. Under the context of the co-development of economic and legal globalization, in order to prevent and control the potential criminal compliance risks of construction engineering corporates, it is necessary to construct compliance rules centred on supervision activities, form a corporate criminal offence and compliance identification mechanism, improve the corporate criminal liability system, establish corporate obligation and rules of criminal compliance, formulate measures for the dual models of punishment and incentive, and promote the construction and implementation of the corporate compliance system of the construction industry.