Indian Politics & Law Review Journal (IPLR) is an annual, peer-reviewed e-journal dedicated to exploring the intricate relationship between law and political science. With ISSN: 2581-7086, IPLR provides a scholarly platform for examining contemporary issues at the intersection of politics and law. The journal encourages submissions on a broad range of topics without limiting itself to Indian politics or Indian law. The primary objective of IPLR is to promote research that explores the dynamic interplay between political systems and legal principles, focusing on how politics influences law, and how law, in turn, shapes politics. Researchers from around the world are welcome to submit work that aligns with this core theme, enriching the journal’s global perspective on the law-politics nexus.
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Punjab’s Drug Stigma: Unpacking the Governance Failures Behind the Label
Why is Punjab, the land of five rivers and legendary resilience, now synonymous with a crippling drug crisis, while other states with comparable or even higher substance abuse rates evade the same damning label? Forget the sensational and rhetoric headlines. Punjab’s drug crisis is not just a story of addicts and smugglers; it’s a damning expose of governance in decay. While the Golden Crescent's heroin bleeds across the border, the real poison lies within: A system which is puzzled with unemployment, a judicial backlog and alleged conflict between those sworn to protect and those who profits from destruction. A systemic failure that has left Punjab's youth adrift in a sea of unemployment and despair, prey to a nefarious network that stretches from traffickers to those in power. Despite multiple assurances like Health Minister Balbir Singh's statement that "the government is determined to root out drug abuse from the state," This paper shreds away the “drug capital” label, revealing it as a convenient scapegoat. By examining and understanding the historical aspect, the disproportionate focus of media and news, We argue that Punjab's stigma is a consequence of leadership abandoning its people, leaving a generation to trade the strength of their heritage for the fleeting oblivion of a syringe.
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From Despair to Hope: Teenagers Battling Manual Scavenging
The study explores the transformative journey of teenagers who, against all odds, have emerged as resilient champions in the battle against manual scavenging- a dehumanizing and hazardous practice that persists in various parts of the world. Manual scavenging involves the manual cleaning of sewers, septic tanks, and open drains, subjecting individuals to unimaginable health risks and societal marginalization. Despite the inherent challenges, this research sheds light on the inspiring stories of teenagers who have risen from the depths of despair to become beacons of hope in their communities. Through in-depth interviews, participant observations, and case studies, the study delves into the lived experiences of these young individuals, examining the socio-economic factors that push them into manual scavenging, the physical and mental toll it takes on their well-being, and the strategies they employ to break free from this vicious cycle. The study also explores the role of education, community support, and advocacy in empowering these teenagers to challenge and dismantle the systemic structures that perpetuate manual scavenging. Furthermore, the study highlights successful interventions and initiatives that have played a pivotal role in equipping these teenagers with the skills and resources necessary to forge a path towards dignified livelihoods.
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A Conceptual Framework and Comparison of Personal Laws in Light of Uniform Civil Code
Uniform Civil Code refers to a common and uniform civil code, that would govern citizens of India irrespective of their religion, caste, creed, sex or other markers. As of now, Indians are governed by their religious laws in matters of civil law, leading to growing criticism of discriminatory nature of some these laws. It is a hotly debated proposal in India today, with analysts divided over its advantages and disadvantages. This research paper, using secondary research tools, discusses why Uniform Civil Code should be adopted as a law, the factors that led to its need and problems in the current personal laws. The study puts a particular emphasis on the gendered nature of the discrimination present in the current personal laws by comparing Hindu and Muslim personal law, and its implementation in other countries. This would help, both laymen and policymakers, to understand Uniform Civil Code in greater detail and it’ s pros and cons, as well as Muslim and Hindu religious laws, fulfilling the study’s primary objective. In conclusion, using qualitative method, the paper presents a case in favor of Uniform Civil Code and why it is the need of the hour.
Affirmative Action in the United States, India, and South Africa – Evolution and Foundational Principles
Affirmative Action is a Constitutional tool that aims at redressing the effects of discrimination faced by historically disadvantaged communities. It attempts to do so by using methods that will enhance the chances of these traditionally disadvantaged communities, particularly in education and employment. Grounded in principles of equity and distributive justice, this study explores the affirmative action concept in three distinct jurisdictions: the United States, India, and South Africa. This paper studies the theoretical underpinnings of Affirmative Action policies in employment in India, South Africa, and the United States. The paper delves into the origins and foundations of the notions of Caste and race, examining how they have shaped the societies in the United States, India, and South Africa, and subsequently exploring the resulting discrimination stemming therein. With the investigation into the historical foundations of this system in these three jurisdictions, I attempt to understand if such historical context influences the design and implementation of Affirmative Action in each jurisdiction.
The Indian Patenting System in Microbiology
In the present modern scientific world, patenting of the microorganisms and microbiological processes plays an important role in the field of microbiology. The study of microorganisms is known as Microbiology, in which an organism that can beviewed under the objective lens of microscopes which are not visible to our human naked eyes known as microorganisms. Microorganisms can be differentiated such as Algae, Bacteria, Fungi, Archaea, Protista, Diatoms, Protozoa, Planktons etc., The term microorganisms do not include Viruses and Prions, which are generally classified into a class of non-living materials. Microbiological processes which include microbes to perform metabolic activities under certain procedure in order to manufacture a useful product. Microorganisms with some genome level modifications can engage in many microbiological activities, such as for the production of useful fermented products like beer, bread, antibiotics, drugs and biofuels. Thus, patenting such microbes will prevent it from further studies and uses. Inthe field of microbiology patenting right gives privilege for that invention and provides a monopoly right over the product for a certain period of time, by giving the special title of right to restrict others from using and making profits from the patented microbes and its processes. India allows patenting rights to microorganisms in accordance with TRIPS agreement and the Indian Patents Act, 1970. Original forms of such microorganisms cannot be patentable. Possibility of patenting microorganisms on a specific strain and microbiological process occur only when it undergone human intervention with genetical modifications and shows the features of any novelty and industrial application. On considering those scientifically developments and commercialization of microbiological work patenting became necessary. Thus, in India approaching microbiology with legal framework regarding patenting is must. This article explores the statutory protection for microorganisms and emphasizes the awareness about patenting in microbiological studies and its applications.
Article 21 and Remand of the Accused to Police Custody: Upholding the Constitutional Thrust
According to Article 21 of the Constitution of India, no person shall be deprived of his life or personal liberty except according to the procedure established by law. When we read in between the lines, we will be able to understand that Article 21 allows the liberty of a person to be curtailed in accordance with the procedure established by law. Thus, when the liberty of a person is deprived, the court should mandatorily follow the procedure established by law. Further, the law states that there should not be any deviation to the procedure established by law in such a manner that it is disadvantageous to such person. The duty of the courts is nothing but to deliver justice and the judicial officers should keep in mind the interest of the victim as well as the liberty of the accused and above all the whole interest of the society. Thus, there is no doubt that liberty of a person must be safeguarded by courts of the nation. Even though there is an element of essentiality, remand of an accused to police custody is considered as an instance where the liberty of a person is fettered. It is often considered as an important requirement especially in the investigation of serious and heinous offences .1 But it should also be kept in mind that police custody does not mark the end of everything.
A Critical Analysis of the Concept of No-Fault Liability in a Welfare State in Accordance with the Motor Vehicles Act, 1988
On October 1, 1982, an amending Act 47 of 1982 introduced "No-Fault" liability into the Motor Vehicles Act, 1939. As a result of the "No-Fault" liability premise, many provisions guaranteed immediate payments for victims of accidents that resulted in death or permanent disabilities. After this Act was repealed, the Motor Vehicles Act of 1988 was passed, taking effect on July 1, 1989. The sections 140 to 144 of this Act correspond to the previous "No-Fault" liability sections. It created compensations for "accidents arising out of the use of a motor vehicle." This "no-fault" liability theory was designed and implemented to provide immediate relief to victims of "hit and run" accidents. It was decided to hold the owner or driver of the offending vehicle accountable without considering their "contributory recklessness". Being a welfare state, it was decided that the owner or driver of the offending vehicle would be held accountable without considering their "contributory carelessness" and responsibility. It was agreed that withholding compensation to victims of "hit and run" incidents because the driver's or vehicle owner's negligence and guilt could not be proved was contradictory to any "welfare state's" and social justice goals. According to Section 140 of the Motor Vehicles Act, 1988, No-Fault Liability applies when a victim dies or becomes permanently disabled after an accident caused by the use of a motor vehicle. The claimant does not need to prove fault or negligence. This research paper will examine the notion of "No Fault" responsibility as defined under Sections 140 to 144 and Section 163 A of the Motor Vehicles Act, 1988, and provide recommendations for additions or modifications that would expand the scope of the "No-Fault" liability principle. Its goal is to critically investigate the concept and determine its applicability in a welfare state.
The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. This issue has been at the center of political narrative and debate since the inception of the Constitution of India, however, has recently intensified debate and discussion after the Hon’ble Prime Minister of India strongly backed UCC in one of his speeches delivered on 27.06.2023. (1) This article, explaining the concept and history, discusses the need for UCC leading to a logically backed conclusion.
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LEGAL LENS: NAVIGATING THE BOUNDARIES OF LAW
The paper explores the complex nature of law and its boundaries, highlighting the challenges faced by legal professionals and scholars in interpreting and applying legal principles in a rapidly evolving society. The paper delves into various aspects of legal analysis and decision- making, shedding light on the inherent subjectivity and flexibility of the law. By examining case studies and theoretical frameworks, this study aims to provide insights into the dynamic nature of legal boundaries and the role of interpretation in shaping legal outcomes. Additionally, it discusses the impact of technological advancements, cultural shifts, and societal changes on the boundaries of law, offering recommendations for legal professionals navigating this evolving landscape.
SHAYARA BANO: AN ANALYSIS OF DISSENTING JUDGMENT
In this paper author discusses intricate details of judgment passed by the Constitution Bench (5-Judge) of the Hon’ble Supreme Court of India in case of Shayara Bano v. Union of Indiai , with objective to understand the concept of Talaq-ul-Biddat and its religious and legal sanctity and permissibility. This paper aims to provide the insight of less discussed (2-Judge) dissenting judgment passed by Hon’ble Supreme Court in Shayara Bano (supra) with particular emphasis on providing details about the issues framed and considered by Hon’ble Supreme Court and reasoning provided therefor, while considering the rival submissions of the parties and relevant provisions of law and judicial precedents.
B.R AMBEDKAR: THE INDEFATIGABLE CRUSADER OF HUMAN RIGHTS
Babasaheb has been a top-notch multifaceted persona of India who has august contribution in the upliftment of socially and economically impoverished classes as he was one of the foremost protectors of Human Rights in the world. Babasaheb was begotten on April 14, 1891 in a town near Indore city of Madhya Pradesh. He joined Columbia University in USA after being certified from Elphinstone College, Bombay in 1912, where he was awarded Ph.D. Later he procured a graduated in Economics from the London School of Economics. On October 14, 1956, B.R. Ambedkar espoused Buddhism. Being born in a deprived backward family, he spent all his life combatting anti tactics of Hindu’s compartmentalization of the Indian society into the four Varnas namely the Brahmin, Kshatriya, Vaisya and Sudra. He persisted his campaign to battle for social revolution until his last breath on December 16, 1956. He was appraised with the highest civilian award 'Bharat Ratna' in 1990.
THE FUNDAMENTAL RIGHT TO PRIVACY: AN EVOLVING LEGAL LANDSCAPE
The right to privacy is a fundamental and cherished right in many legal systems around the world. It is a right that has evolved significantly over time, adapting to the challenges presented by technological advancements and changing societal norms. This article explores the concept of the right to privacy, its historical development, and its contemporary relevance in an increasingly interconnected and digital world.
BREACHING THE LIMIT: A CRITICAL EVALUATION OF THE INCREASE IN RESERVATION LIMIT IN KARNATAKA
The Government of Karnataka had, in October 2022, promulgated an ordinance to increase the reservation limit of Scheduled Castes and Scheduled Tribes to 17 percent and 7 percent respectively. The ordinance was promulgated in furtherance of the recommendations made by the Justice HN Nagamohandas Commission which is also supported by the Justice Subhash Adi Committee report. Further, in December 2022, the Government of Karnataka had, seemingly as an act of appeasement and prior to the 2023 Assembly elections, tabled a Bill [The Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Bill, 2022] in the Legislative Assembly which reiterates the increase in reservations for Scheduled Castes and Scheduled Tribes in the State just as the previously promulgated ordinance. The bill was eventually passed. The relevance of the ordinance and the bill is based on the observation that such an increase in reservation quota for the Scheduled Castes and Scheduled Tribes would bring the overall reservation quota above 50 percent, which is against the desirable limit prescribed by the Supreme Court on reservation. This paper mainly aims to critically analyse the bill and the possible legal hurdles it might encounter. The paper shall, in the first part, deal with the history of reservation in India and the various constitutional provisions regarding the same. Secondly, the various landmark Supreme Court judgements on reservation, especially the decisions on the desirable limit of reservation, would be elucidated. The paper would also delve into the recommendations of the Commission and Committee that have been cited as the main reasons for the introduction of such an ordinance and thereafter the bill.
VALIDITY OF “GACHA” GAMES UNDER THE PUBLIC GAMING ACT OF 1867
‘Gacha’ is a popular concept in Japan. These are loot boxes that are sold in shops on special occasions. The contents of this box vary from box to box and may obtain things worth more than the price of the box. From this concept, gacha games have originated. ‘Gacha’ games are a very popular category of games in the present society. A very popular RPG-gacha game, “Genshin Impact,” took mobile games by storm when it was released in September 2020. These games are played by people worldwide and across multiple age groups. These games are very often linked to gambling. Although these games are not exactly gambling, they have aspects resembling gambling. In India, there is a very archaic law that regulates gambling. Although there are state regulations that are newer and regulate e-gambling also, there is no Central legislation. In the Public Gaming Act 1867, Section 12 of the Act states, "Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played.” Now all Gacha games can have both elements of skill and chance. This paper aims to determine which of the two takes precedence over the other and, thus, through this differentiation, if it comes under the purview of the Public Gaming Act of 1867.
SURROGACY (REGULATION) ACT, 2021: EFFECTIVENESS AND CONCERNS
In a country like India where not having a child is a social taboo, surrogacy brought hopes and happiness for many childless couples. Amid these hopes, there are also ethical concerns whether it was morally correct to use one’s body to reproduce and make a living out of it. Furthermore, as India legalized surrogacy way back in 2002 and made it an important component of medical tourism, the surrogacy market grew multifold. This growth in surrogacy market also posed many challenges. Exploitation of surrogates and abandonment of children started surfacing in a big way. The government of India acknowledged these problems and enacted the Surrogacy (Regulation) Act, 2021. Through this Act, the government majorly focused on two aspects. First, it put an end to commercial surrogacy to do away with exploitation of surrogates. Secondly, in order to fulfil the need of childless couples, it allowed altruistic surrogacy where there will be no payments for surrogate except for her medical and insurance expenses. Furthermore, it also restricts the foreigners from availing this facility. How will this new act unfold is a matter of academic enquiry. Preliminary impressions through popular writings are pointing at many loopholes in the act. To begin with, it is suggestive of black marketing. As a result, while the hospitals and middlemen continue to mint money, the surrogates are at the loser’s end. Additionally, altruistic surrogacy is exerting a lot of pressure on weaker women of families’ giving rise to women exploitation. Furthermore, it also deprived many women of their jobs as surrogates. Through this paper, an attempt is made to understand the act of 2021 and the way it solves or give rise to new challenges in safeguarding the rights of surrogates and children and the future of surrogacy in India.
The Preamble is the key of the constitution. In the article we will discuss about the importance of the preamble in our Indian constitution, history behind its formation and its significant role in framing of the Indian constitution. What was the reason behind the formation of the Preamble to the Indian Constitution? Why there was a doubt in mind of the law makers to whether consider the preamble as a part of the Indian constitution or not? Can we amend the Preamble? With the help of the historical landmark cases, we will discuss the various possibilities and challenges faced by the honorable Supreme Court while interpreting the ideologies behind framing of the Preamble with respect to the Indian constitution.
CHALLENGES FACED BY CIVILIANS IN INDIA DUE TO MISUSE OF POWER BY POLICE
Police manhandle of power has postured different troubles for the citizens have expected startling and colossal extents. Different wrongdoings like torment, attack, assault of ladies in custody, custodial passing, severe and brutal treatment distributed to the defenseless suspects including kids and so forth are going under this domain. Corrupting and fierce treatment given to the vulnerable and exposed people in police authority is a consistent repeat, mixing the still, small voice of each sharpened person. Police have no worry for the custodial casualties and rather add to their misery. They occasionally carry on with those in their guardianship as though they are in charge of their destiny. Police are either oblivious of the train of human rights or they intentionally ignore it in the matter of capture, cross examination, and detainment. Much of the worry of human rights activism has been on the victims of police monstrosities conferred for the sake of keeping up law and order. To examine the different conditions under which police receive savage means against individual in their care we need to investigate the kinds of casualties of police overbearing. A large portion of the casualties of human rights mishandle in the authority of police may have a place with anybody of the accompanying classifications viz., Dalits, Adivasis, ladies, legislators, human rights activists and individuals having a place with the retrogressive classes including financially in reverse individuals.
ANALYSIS OF CONFIDENTIALITY CLUBS – MEANING, PURPOSE AND ITS IMPORTANCE IN LITIGATION PERTAINING TO STANDARD ESSENTIAL PATENTS
A confidentiality club, as the name suggests, consists of a group of people having access to confidential information and data to the exclusion of others. It is a tool used by the Courts which sets up a club of usually advocates and external experts who have access to the confidential documents of the party which requests establishing such a club. Setting up of confidentiality clubs is an exception to the general rule of recordal of evidence in a legal proceeding in open court, all parties having access to the evidence, documents and information presented to the Court. Upon establishment of a confidentiality club, the information and documents disclosed therein are accessible exclusively by the duly named and identified members of the club, upon their undertaking to maintain the confidentiality of the documents and/or information shared by them. Constituting confidentiality clubs is vastly popular in patent disputes globally and have found recent footing in Indian litigation as well, especially in patent infringement cases.
INTERROGATING THE CONSTITUTIONALITY OF THE FUNDAMENTAL RIGHTS ENFORCEMENT (PROCEDURE) RULES, 2009
Without a question, human rights have taken pride of place in the world. This is due to the fact that certain rights are ancillary to human existence; in other words, without those rights, life would be meaningless. International concern over the legal foundation for their enforcement has resulted from this. Nigeria, like other countries, made an effort to increase the enjoyment of those rights, and as a result, a legislative framework was created in that direction. This essay seeks to examine the legal structure established to make sure that certain rights are more than merely theoretical. The Fundamental Rights Enforcement (Procedure) Rule, 2009, which specifies the standards of conduct and the process for enforcing those rights, is taken into consideration in this essay. The origin of the rules and if the rules, as they currently stand, can also serve as a legal basis for the enforcement of rights identical to those protected by other instruments. In order to accomplish this, the study adopts the doctrinal research approach and conducts a critical analysis of the powers granted to the rule-maker by the Federal Republic of Nigeria Constitution of 1999 (as amended), which also guarantees the fundamental rights in Chapter IV.
DID THE INDIAN GOVERNMENT DO RIGHT BY BANNING THE CHINESE APPS
“A nation’s ability to fight a modern war is as good as its technological ability” ~ Frank Whittle. One of the most crucial decisions taken by the Government of India was the banning of the Chinese apps which were considered to be a threat according to Section 69A of the Information Technology Act, 2000. These apps have been banned ever since as they were considered to be “engaged in activities which are prejudicial to sovereignty and integrity of India, defense of India, security of state and public order.” This Research Paper co-authored will first give a brief about why we brought the cyber laws into this topic and how we related this with the banning of apps from China. The main stress in this paper was given to the legality and the effects of banning by the various laws that are applicable in the Indian region along with the relevant cases that can be mentioned. The paper also gives an overview about the emergency banning and the process that has to be followed according to the Information Technology Act. We have tried to give a broader understanding about the various other laws other than Section 69A such as Article 19(1), Article 19(2) and Article 14 of the constitution that can be applied. This research is done with the already existing research material to include the various judgements and the various laws that can be given as a possible explanation for this topic in specific.
THE ROLE OF GOVERNORS IN MAINTAINING INDIA'S FEDERAL STRUCTURE
Chapter II (Article 153-163) of the Constitution of India deals with the appointment and powers of the Governors. Even a cursory reading of these constitutional provisions clearly indicates that they can only exercise powers that are granted to them by the Constitution or a law made under it. In Shamsher Singh vs. State of Punjab, 1974, the seven-judge Bench of the Apex Court held that the governor must exercise his powers only upon and in accordance with the aid and advice of the ministers, save in a few well-known exceptional situations. In the Constituent Assembly in June 1949, Dr. B.R. Ambedkar specifically stated that the governor under the Constitution has no functions which he can discharge by himself. No functions at all. At the same time, he has certain duties to perform. However, it has been frequently observed that the unwanted tussle between the governor and the elected government with the chief minister at its head is taking place on various pretexts. This phenomenon is more visible in the Opposition-run States. In the recent past, such acrimonious incidents took place in the States of Punjab, Tamil Nadu, West Bengal, Maharashtra, Kerala etc. because of the governor 's transgressing their Constitutional limits. This has a direct bearing on the Centre-State relations and the federal structure of the country. This paper delves into different aspects of the problem, it's ramifications upon the federal structure of the country, and also tries to suggest the possible solutions.
UMAR KHALID SPENDING 1000 DAYS IN JAIL WITH SPECIAL EMPHASIS ON SECTION 124A & UAPA TRACKING PERSPECTIVES
Umar Khalid has become a household name since 2016 when he alongside five other JNU students were levelled with sedition laws. Ever since he has become an iridescent stone of India’s vibrant political spectrum. Umar Khalid was arrested on 13th of September 2020 for allegedly being the “key conspirators” of the riots that took place in Delhi during the then US president, Mr. Donald trump’s visit. i So far, he has spent more than 1000 days (about 2 and a half years) in jail, and got his bail rejected multiple times, while getting bail once to attend his sister’s wedding.ii Two of the many charges levelled against him are Section 124A of the IPC and UAPA. Section 124A roots back to the colonial era when in 1891 the first case of Sedition was filed as “Queen empress vs Jogendra Chandra Bose and others” against the editor, manager, printer of vernacular newspaper called Bangobasi. iii Henceforth it has been a controversial law which has kindled discourse and debate between both the public and between legal experts. It has been infamously misused to silent dissenters. And as for the UAPA, it has been an act in practice since 1967 as an aftermath of the Naxalbari attack of 1966 to protect India’s sovereignty and integrityiv. UAPA has gone through nearly half a dozen amendments in years such as 2004, 2008, 2012 and most controversially in 2019v owing to its sections such as section 25, 35, 36, 43D (5) and 45vi. These sections have led to multiple political imprisonments.
A STUDY OF THE GROWTH OF FEDERALISM IN INDIA AND THE IMPEDIMENTS LYING AHEAD
Article 1 of the Indian Constitution declares India as a "Union of States". Answering the question as to why India is a "Union" and not "Federation of States", Dr. B.R. Ambedkar stated in the Constituent Assembly on November 4, 1948, that though India was to be a federation, the federation was not the result of an agreement by the States to join in a federation. The federation is a Union because it is indestructible. Some political analysts have termed it as "holding together". However, this federal system has survived India for over seventy years and is still thriving. But of late, this indigenous concept of federalism is facing criticism from various quarters, and on varied grounds. These are of three types, namely, a Constitutional claim of autonomy, a demand for fairer distribution of taxes, and an assertion of linguistic and cultural rights. Sometime ago, the Prime Minister of India termed federalism as "cooperative federalism" and also, as "competitive federalism". Factually, the growth of federalism depends upon the trust between its various constituent units. If a set of states develop the perception that the policies of the Central Government have the tendency to create obstruction in their path of progress in any manner, the bogey is raised to get more autonomy which does not go away with the idea of federalism under Indian Constitution. This paper tries to go to the roots of various dissenting voices against federalism in India and explore the possible solutions.
FOREIGN POLICY ANALYSIS: STRATEGIC CHOICE OF INDIA- ‘NO FIRST USE’
Managing foreign relations need carefully considered plans of actions that are adapted to foreign interests and concerns of the government.i A No First Use Policy essentially constitutes a promise, backed by a survivable nuclear arsenal, to only use nuclear weapons in response to a nuclear attack. India clearly advocates the use of No First Use Nuclear Policy for peaceful purposes but discourages its use for any activity that is detrimental to the growth and progress of the sovereign state. While it is prudent to revise policies as and when the political wind and needs of the country changes, a progressive policy like NFU must be encouraged in fickle times that we live in and not be in doubt of. India is proud for setting an example for other countries for showing restraint and deterrence, a virtue becoming increasingly rare. Yet, security has to be the priority of any nation and if push comes to shove, India must not back from presenting a strong front to maintain peace. Hence, adhering to NFU displays strong and meaningful commitment to nuclear disarmament is and will always be India’s stance for as long as possible without compromising its security. The paper will be discussing the principle and origin of the ‘No First Use Policy”, thereby critically analyzing India’s position vis a vis its neighbours. The diplomatic context and strategies of the policy will be offered in the paper and suggestions offered in the light of changing geopolitical dynamics.
THEORETICAL AMBIGUITY OF SOCIALIST/MARXIST NATIONALISM IN KERALA: P KRISHNA PILLAI’S TRAJECTORY FROM GANDHIAN NONVIOLENCE TO REVOLUTIONARY SPIRIT
The India constitution declares that everyone is entitled to “justice, social, economic and political; equality of status and opportunity; and to promote among them all”. Article-15 (3) to the Constitution of India empowers the state to make special provisions for women. Following the passing of 73rd Constitutional Amendment Act by Parliament, of confirmatory legislation providing reservations to weaker sections of society like SCs, STs and women at all three levels of PRIs was implemented by all most all states of India including the state of Odisha. Therefore, the empowerment of the tribal women under reservation policy is one of the major achievements of panchayati Raj System. Now in Indian society, decentralization is the main tool by which democracy becomes truly representative and responsive. The three tiers system of panchayati Raj: Village level, Block level and District level ensures the delegation of power but the implementation of the development of plans, programmers and policies are affected due to traditional biases and prejudice, illiteracy & dogma. The study intended to explain the decision making of tribal women representatives while ensure of Government’s development plans, programmers and projects, and need for structure of Socio-economic, political and cultural rights of village peoples. Practically, tribal women representatives remain only for record sake and the real power is still enjoyed by the dominative male or local power-brokers and they are facing many problems in various angles while discharging their functions in local self-government. This area was chosen for study because the said area is mostly dominated by tribals, who also inhabit the Simulipal National Park.
Socialists and Marxists in India had no objective theories on nationalism. Their political position during the national movement in India was shaped by the international political milieu. Krishna Pillai’s transition from a Congress member to a communist cadre and leader help to understand his changing political perspective on violence and nonviolence. His ambiguous position on Gandhian nonviolence shows the complexity of socialist and communist perceptions of political means in an anti-colonial struggle. Unlike Gandhi, Krishna Pillai upheld peace and justice, not truth and nonviolence, as rightful means in political struggle. He advocated revolutionary spirit in political methods, not necessarily violent means.
IMPLEMENTATION OF UNIFORM CIVIL CODE BY STATES IN INDIA
The implementation of a Uniform Civil Code (UCC) has been a long-standing issue in India. The UCC would provide a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, for all citizens regardless of their religion. In this report, we examine the progress made by various states in India towards implementing a UCC. We analyze the legal and political challenges associated with implementing a UCC and provide a comprehensive overview of the current status of UCC implementation in each state and whether it impacts each state as an individual. People and researchers have long-standing doubts about the consequences of the application of UCC by a state government. Our report also discusses the potential benefits and drawbacks of implementing a UCC and provides recommendations for policymakers and stakeholders to help ensure a smooth and effective implementation of a UCC in India.
IMPLEMENTATION OF MGNREGS IN INDIA SPECIAL REFERENCE TO THE STATE OF KERALA
This paper examines the role and impact of Mahatma Gandhi National Rural Employment Guarantee Scheme in state of Kerala. This scheme implemented in February 2, 2006 in 200 backward districts. In Kerala, the Scheme was implemented in three phases. Kerala was located on southern part of India. Any government scheme has certain aims, like the MGNREGS scheme also have certain aims. Major aims and objectives of MGNREGS are as follows: • It solves unemployment problems in rural area all over the nation • Poverty alleviation • Abolishing of wage discrimination • Minimum of guaranteeing 100 working days for unemployed poor peoples in rural areas etc After the implementation of this scheme Kerala achieves several goals like, decline of rural unemployment rate, empowerment of rural women’s with their leadership qualities,it helps to reduce the wage discrimination in rural areas etc.. The new rate of daily wage for workers under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) Scheme will be Rs 311 in Kerala.
ANALYSIS OF SECTION 35 & 36 OF THE UAPA AFTER THE 2019 AMENDMENT
National integrity and sovereignty is the reputation and dignity of a country on the global scale. The threats to such dignity are dealt with great force and power by the countries. India, from the inception made several statutes in order to deal with any issue that may cause threat to its peace and harmony. The journey started with the Preventive Detention Act in the 1950s, added Acts like UAPA, NSA, NIA, TADA (now repealed), POTA (now repealed), etc. But it is the duty of the state to make sure that while drafting such legislations it is not misusing the public trust by enabling itself to exercise such powers which are against the rights of the individuals. In the paper, the author attempts to analyse the constitutionality of Article 35 of the UAPA as it stands after the amendment of 2019. There have been many questions and allegations regarding its constitutionality and overall working. The author aims to analyse the provision in accordance with the judicial precedents and the internationally accepted principles of the fair trial mechanism.