South Asian Law Review Journal (SALRJ) is an open-access, annual e-journal dedicated to exploring the legal systems of South Asian countries. With ISSN: 2456-7531, SALRJ serves as a platform for comprehensive legal research and analysis focused on the laws and legal developments of South Asian nations. The journal covers a wide range of legal topics without limiting itself to any particular subject area, encouraging diverse scholarly contributions. The primary objective of SALRJ is to foster research on laws that relate to and impact South Asian countries. By promoting a broad understanding of the region's legal frameworks, the journal contributes to the development and study of legal systems in South Asia. Researchers from any nation are welcome to submit their work, provided it aligns with the journal’s core theme of South Asian law.
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Reassessing Collective Security: The UN General Assembly’s Role under the 'Uniting for Peace' Resolution
The doctrine of collective security, as codified in the United Nations Charter, assigns the Security Council primary responsibility for maintaining international peace and security. However, the repeated paralysis of the Council—particularly due to the veto power of its permanent members—has hindered decisive responses to crises such as those in Syria, Myanmar, and Ukraine. In response to such institutional deadlock, the General Assembly adopted Resolution 377 A (V), the “Uniting for Peace” resolution, in 1950. This mechanism enables the Assembly to recommend collective measures, including the use of force, when the Council fails to act due to lack of unanimity. This paper conducts a doctrinal, historical, and empirical analysis of the Uniting for Peace resolution, examining its legal foundations, practical application, and evolving normative role. Focusing on landmark instances—including the Korean War, the Suez Crisis, and the Eleventh Emergency Special Session on Ukraine (2022–2025)—it evaluates voting trends, state behavior, and the Assembly’s discursive authority. Despite lacking enforcement powers, the General Assembly’s role as a mobilizing and norm-setting institution is increasingly significant. The study concludes by proposing targeted reforms to institutionalize and enhance the Assembly’s complementary function within the UN collective security system, especially during times of Security Council paralysis and geopolitical fragmentation.
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A Shift from Constructive Unamendability to Codified Petrification— The Identification of the Fifteenth Amendment as an Undesirable Constitutional Dismemberment in Bangladesh
The Constitution of Bangladesh is the solemn will of the people written at the dawn of the nation’s history as the supreme law of the land. Initially, it was a rigid yet amendable one and over the course of next four decades, the restrictions over amendment process has evolved into a hybrid mechanism of both interpretive and constructive unamendabilities. In 2011, the constructive unamendability has been replaced with new provisions petrifying an one-third of the Constitution through the Fifteenth Amendment which was not introduced in a constitutionally coherent way. The petrification has been protected through Article 7B which is popularly termed an an eternal clause owing to its self-entrenching character. This provision has recently been declared unconstitutional by the apex judiciary of Bangladesh. This paper will provide an identification of the Fifteenth Amendment as a potential instance of an undesirable constitutional dismemberment in Bangladesh.
ADR MECHANISM AND THE REDRESSAL OF CONSUMER GRIEVANCES WITHIN THE THREE-TIER CONSUMER ADJUDICATORY SYSTEM IN INDIA: AN ANALYSIS
In order to handle the mounting pressure of litigation and to clear the backlog, the Government through an amendment to the Constitution, in 1976, set-up numerous tribunals, commissions, boards and special courts. Simultaneously, the system of Alternative Dispute Resolutions took shape. The ADR involving negotiation, mediation and arbitrations, is one of methods of informal grievance redress mechanism for protection of consumer rights. One important welfare legislation in India that provides direct relief and gives protection to the consumers is “The Consumer Protection Act, 1986”. It confers six rights on consumers: right to safety, right to information, right to choice, right to be heard, right to redressal and right to consumer education. This act also provided for establishment of three-tier hierarchy redressal agencies. Now the total number of consumer complaints filed before the three tier consumer agencies are 5141696, disposed : 4679910, pending: 461786 and the percentage of disposal is 91.02%as on 13.06.2019.The consumer law was amended several times and finally resulted in, “The Consumer Protection Act, 2019”. The new law aims to establish authorities, for timely and effective administration and settlement of consumer disputes. The present paper analyses how far the ADR mechanisms of negotiation, mediation, arbitration and Lok-Adalat can provide effective settlement of consumer grievances.
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WILDLIFE CONSERVATION V. LIVELIHOOD PRESERVATION
Preservation of wildlife and other scarce natural recourses has always been a controversial issue faced by developing India. The advancement of civilization has brought with it, the problem of over-exploitation of forests and its recourses to meet the selfish and insatiable needs of human kind. To combat this crisis a number of laws, policies and Acts were passed both at the national as well as international level. There exists conflicting opinions regarding the value of wildlife preservation. This has increased the level of environmental awareness and has caused a growing concern for the diminished stocks of certain wildlife species. There are strong opinions suggesting that the intrinsic value of all animal species is infinite, and that all native animals have a ‘right to live’ that should be preserved regardless of the cost of current generation. Nevertheless it can be asserted that the future of wildlife is the future of humankind. The question of whether animals have moral status or values is examined. This part deals with the modern philosophical debate on the issue of use of animals in bio-medical and cosmetic researches.
RESEARCH ON PATENT LICENSING MECHANISM FOR GREEN TECHNOLOGY
Green technology plays an important role in addressing climate change. This paper mainly compares and analyzes the advantages and disadvantages of three licensing models for international green patent technology, namely mandatory licensing, voluntary licensing, and open licensing. Based on this, it proposes path selection strategies for future green technology patent licensing in China to promote the transfer of green technology and the development of green economy.
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LAWS RELATING TO DOMESTIC VIOLENCE IN INDIA – A SOCIOLOGICAL ANALYSIS
This paper main objectives are to identify and evaluate What exactly is domestic abuse ? What triggers domestic abuse ? What are the contributing variables that result in domestic violence ? What legislations have been passed so far to limit domestic violence incidents ? Why is domestic violence such a problem in today’s society ? Does domestic violence in society simply affect women ? Why is domestic violence not considered as a serious criminal act in Indian society ? We will also consider reports from various survey which were conducted by different international organizations to analyse the impact of domestic violence in the modern day society ? How does domestic violence pose a serious risk to upsetting family dynamics in today’s society ? Indian domestic violence laws are contrasted with those in western nations . What action is society taking to lessen domestic violence incidents ? What actions are taken by the government to lessen the incidents of domestic violence in the modern day society ? What role has judiciary played in reducing domestic violence incidents ? Has the COVID pandemic contributed to a rise in domestic violence cases in Indian society ? Last but not least , here is what I think about this , the most divisive issue in our culture.
NITI AAYOG BALANCE WOES: COOPERATIVE OR COMPETITIVE FEDERALISM AND THE NEED FOR BALANCE: AN ESSAY
Naveen Patnaik, the esteemed Chief Minister of Odisha, once articulated a resounding assertion that "federalism is an inherent cornerstone of our constitutional framework." This robust proclamation stands as a testament to the evolving role that federalism has played within the intricate tapestry of Indian society. As we delve deeper into our exploration, we encounter the dual facets of federalism: COOPERATIVE and COMPETITIVE. India hosts a plethora of organizations and bodies that employ these distinct modes, yet one institution, NITI AAYOG, stands out for its adept utilization of both paradigms. In this scholarly endeavor, our objective is to unravel the intricate interplay between these two forms of federalism within the framework of NITI AAYOG. Moreover, we endeavor to cultivate a comprehensive comprehension of NITI AAYOG itself, tracing its historical trajectory and delineating its multifaceted functions. The apex of NITI AAYOG's prominence recently materialized during the 8th Governing Council meeting in the bustling heart of New Delhi. This event witnessed a spectrum of participation, with some dignitaries withholding their presence. Chief Minister of Delhi, Arvind Kejriwal, vociferously articulated that "Cooperative federalism has turned into a jest." This raises the compelling question of whether NITI AAYOG has veered off course from its mission. However, definitive answers to this conundrum elude us, for it is a multifaceted issue that warrants comprehensive analysis, an endeavor that we shall undertake within the confines of this essay. Furthermore, we shall delve into the imperativeness of striking a harmonious equilibrium between cooperative and competitive federalism, an essential facet of this discourse.
HUMAN-ANIMAL CONFLICT AND THE BIODIVERSITY IN THE INDIAN PERSPECTIVE
India is a biodiversity-rich country where a large number of species of flora, fauna and aquatic animals exist from the time immemorial. Not only that but also, the discovery of new species in any of these living beings comes into the knowledge domain of humans. All such creatures live and lead their life in their own ecosystems. Apparently, there is enough space for them to move around and thrive without lets and hindrances by other living beings. In contrast to aquatic bodies like the rivers, seas and the oceans, the areas of forests and green cover are not the same. The situation has changed drastically during the last fifty years or so due to rapid demographic changes. The gradual spurt in human population has made inroads into the safe precincts of forest areas which has been the natural abode of wildlife including flora and fauna. In order to accommodate the swelling human population, the systematic cutting and thinning of forests began causing danger to the wildlife habitats. The jungles were not only cut for the purpose of habitations but also for other allied purposes such as agriculture, industrial, commercial and many more. Resultantly, the area under the wildlife population began to decline by leaps and bounds within a short time. Moreover, this process made the entry of poachers into the forests much easier. Hence, the wildlife, especially the predators and other big animals, have to look around for food and fodder purposes. They were forced to move outside their naturally-designated territory to the adjacent human habitats. This phenomenon gave birth to human-animal conflict which has assumed larger proportions in the current times. The Ministry of Forests and Environment has delineated a number of dwelling places for the wild animals in the form of national parks, sanctuaries and biosphere reserves in India which are legally deemed to be protected areas for any specific animal or the wild animals in general. However, in spite of the large presence of these animal habitats, the incidents of human-animal conflicts are increasing day by day and that is a cause of concern for all. There seems to be the two main reasons for this unending phenomenon: first, the area under the animal habitation has shrunken grossly, and secondly, the human habitats have come up in the close vicinity of forest areas. As a result, when the wild animals don't get sufficient food in the forest area, they go outside in search of food, and find themselves in front of human adversaries. This paper tries to analyze the various causes of human-animal conflict and the role of biodiversity in enhancing it. Some possible solutions have also been suggested for resolving the cantankerous issue at present.
THE TUG-OF-WAR: EXAMINING THE CLASH BETWEEN BORROWER’S FUNDAMENTAL RIGHTS AND RBI'S MASTER CIRCULAR ON FRAUD ACCOUNTS
The constitutional validity of the Master Directions on Frauds – Classification and Reporting by commercial banks and select Financial Institutions has been challenged on the grounds that these directions do not provide any opportunity to be heard by the authorities. Once a bank declares a company's accounts as Red Flagged Accounts, the accounts are frozen, and for the next five years, the company is barred from seeking capital from any bank or financial institution. After the completion of five years, it is at the discretion of the financial institutions and banks to decide whether to lend to fraudulent companies or not. These Master Directions are issued in accordance with Section 35A of the Banking Regulation Act, 1949. The Early Warning Signs (EWS) play a crucial role in this process as they indicate potential wrongdoing in the company that could later lead to fraud. If multiple EWS are issued, the bank declares the account as a Red Flagged Account, and an investigation commences. During the investigation and conclusion of the decision, the only opportunity given to the borrowers is their participation in the forensic audit report. However, this falls short of providing a genuine opportunity to be heard. Borrowers do not have the right to object to the final decision. Once they come under the purview of fraudulent companies, they are unable to seek capital from banks or any financial institution. Even after the completion of the designated duration, it ultimately depends on the individual financial institutions whether they trust the fraudulent company or not. In most cases, financial assistance is denied due to the stigma and loss of goodwill in the market. This not only results in the loss of the right to reputation but also severely impacts the right to livelihood. The RBI Master Circular is not entirely void, but several amendments are required to ensure compliance with the due process of law. It is necessary to incorporate these amendments to strike a balance between preventing fraud and safeguarding the rights of borrowers.
A CRITICAL STUDY ON WOMEN IN WEAPONIZING AND VICTIMIZING THE PROCEDURE: LAW AND REALITY IN BANGLADESH
False charges are relatively uncommon compared to actual incidents, their effects on men and the public at large shouldn't be overlooked. Emphasizing how damaging such behavior is to the goal of justice. Legislative frameworks should also respect the rights of the accuser along with the accused to make sure that justice is carried out without unfairly affecting either party. To prevent injustice, protect the rights of those actual victims as well as accused, and develop a legal system which is fair and just, it is of the utmost importance to understand false rape accusations cause its polluting the sample of true allegations. Investigating the root causes of false allegations with general methods, their consequences on society, and their repercussions on all parties involved, society may develop successful procedures to eradicate false accusations, help sexual assault survivors, and give a thoughtful approach to managing these harsh circumstances. Case studies showed only touch on a fraction of the actual events. Although there are more true rape cases, the rise in false rape accusations for insignificant reasons discourages real victims from speaking out. The legal system has a responsibility to take victims' discrimination and the accused's prejudice into account. To determine whether a claim is true, all available evidence must be carefully considered. If this isn't done, it might develop to the point where it's challenging to identify those who are raped, jeopardizing everyone's access to justice.
SHOULD RESTITUTION OF CONJUGAL RIGHTS BE REMOVED?
In India, the societal opinion on marriage has historically been very conservative; divorce is considered to be taboo. Being in line with such views, personal laws are shaped in India in such a way where judges are directed to be very paternalistic; to try their best at reconciliation first. This is clearly mentioned in both, the Hindu Marriage Act and the Special Marriage Act . In addition, similar provisions relating to the restitution of conjugal rights exist throughout various personal laws . Jani & Anr. v. Mohammed Khan and Monshee Bazloor v. Mohammed Khan are some examples of Muslim personal law providing such a matrimonial relief of restoration of cohabitation. Owing to this deeply rooted relief in Indian law, there are a majority of cases which have come to Court requesting this decree to be passed. A majority of these cases have been ruled in favour of the party petitioning for restitution of conjugal rights. However, keeping in mind the changing times and the recent debate on the right to privacy , the law must adapt to the new sentiments of its citizens. Numerous petitions have come about, arguing that such a law is archaic and in violation of the constitutional right to privacy, the most recent one in front of the Supreme Court being Ojaswa Pathak v. Union of India (2019-date). This topic has become the basis of a debate among Courts. Therefore I explore the question, ‘Should restitution of conjugal rights be retained or removed?’
ENFORCEMENT OF ARBITRAL AWARDS UNDER CAMEROONIAN LAW: IMPLICATIONS AND EFFECTIVENESS
The extent to which Cameroonian laws guarantee the recognition and enforcement of arbitral awards relating to commercial disputes is problematic. These problems result from the influx of foreign investors in Cameroon. The work, therefore, seeks to examine the various principles guiding the grant and enforcement of arbitral awards, the various types of arbitral awards, enforcement and the difficulties involved in the process. The methodology applied consists of data collection and analysis. Findings show that arbitral awards are of paramount importance as they touch on settling commercial disputes, which occur almost daily, both at national and international levels. The work draws the legislator’s and law enforcement officials’ attention to arbitral awards in Cameroon. From an economic perspective, arbitration, the preferred way of settling commercial disputes, is a major tool to boost the economic sector. The effective enforcement of arbitral awards will give investors and other businessmen the assurance of a legal system backing up their investments. Socially, the effective enforcement of arbitral awards in Cameroon will encourage businesspersons by assuring them of a legal system ready to secure their investments.
SERIAL KILLERS AS VICTIMS: CAN THEY BE REFORMED?
The research article emphasizes serial killers from the viewpoint of victimology. The article studies victimization along with the psychoanalysis of the victims and offenders and their inter relationship with the criminal justice system. The article is limited to the study of serial killers in India. The article is contextualized with the analysis of serial killers as the victims of their past and the case studies on serial killers specifically in India. The article further introspects the failure of the criminal justice system of India in dealing with such matters and emphasizes the requirement of the criminal justice system to adequately equip itself to deal with such cases leading to proper dissemination of justice.
DEFECTIONS IN POLITICAL PARTIES AND ITS IMPLICATIONS FOR STABILITY OF DEMOCRACY
In the majority of democracies, political party defections have been a frequent occurrence. This might be because people and their societies are dynamic. While there is no denying that democracies are becoming more and more popular around the world, their sustainability is a cause for concern. Defection of members, which most frequently occurs on the eve of elections, has been named as one of the risks to democracy. This lends support to the claim that politicians' affiliation with political parties is motivated more by self-interest than by ideological principles. This essay aims to examine the problem of party desertion and how it affects the stability of democracy. In order to accomplish this, the research adopts the doctrinal research methodology, which takes into account the Nigerian legal frameworks regarding the right of members of political parties to defect from one political party to the other as well as the consequences to the office of the defector under the law. The case law in which judicial pronouncements were made by the judex in the cause of interpreting constitutional or statutory provisions governing political party desertion were also considered at and analyzed.
PROSPECTS AND CHALLENGES: THE BODOLAND TERRITORIAL COUNCIL (BTC) IN ASSAM
Even though the region has advanced in terms of its political institution and various infrastructures, the Bodoland Territorial Council (BTC) is unable to achieve much on the socio- economic necessities of the people. Despite, the building of roads and hospitals to deliver essential healthcare systems, it is neglecting the living conditions of the people. Education plays a pivotal part in the development of society, however, the lack of proper educational infrastructure in BTR areas, the cost of education, and its privatization have caused hardship to the poorer section of the community, and being unable to access quality education has obstructed developmental activities. It hinders bringing any positive changes in the region causing distrust, and suspicion in these strife-torn areas creating cruelty and disturbances in the society. Thus, despite the development of some infrastructures, it has never fulfilled the aspirations of the Bodos and redress their enduring resentment. The administration should advocate more for the development of education and healthcare facilities, economic assistance, and guarantor of social security in the region. Besides, the BTR Accord was signed in 2020, all the stakeholders must expedite the implementation process.
A SOCIO-LEGAL ANALYSIS OF THE DEATH PENALTY FOR JUVENILES
The Indian penal code was developed in 1860 with inspiration from British India. Any lack of rehabilitation was successfully made up for by the “Children's Act” that followed and the Juvenile Acts that followed, up until the “Apprentice Act of 1950,” which appeared to acknowledge the fragile position of youngsters in a society that was becoming more separated. The law concerning juvenile offences has been effective up to the extent of any lack of rehabilitation, nonetheless. This law was later replaced by the Reformatory Schools Act, 1897i , which states that children up to the age of 15 may be transferred to a reformatory cell. The “Juvenile Justice Act of 2002ii” was the more comprehensive arena of counteraction of the broader area of combating misbehavior by bringing children in need of protection and care into its purview and establishing plans for handling children who are determined to have committed an offence. This particular paper examines the theory and application of the laws pertaining to young people who have committed crimes and only makes context-specific allusions to the arrangements managing young people who require care and assurance.
AN INCENTIVE MODEL FOR THE REJUVENATION OF THE LOW PRODUCTIVITY OF FORESTS
Our forests have been significantly and radically damaged, and discovering undistributed forests as produced by Mother Nature is challenging. Forests are unable to provide intrinsic protection, multiple product production, or environmental and human roles in the current system. To avoid an ecological disaster and the inevitable national tragedy that would follow, drastic changes are required. Clear cutting has proven to be a harmful and unsuitable method for tropical forests. The The Forest Survey of India estimates that 33.61 million cum of wood is consumed annually in three sectors: house construction, furniture, and agricultural tools, with a Round Wood Equivalent (RWE) of 48 million cum, in its State of Forest Report 2011. Following that, two biennial reports were published, but neither of them mentioned wood consumption. According to a study conducted by the South Carolina Forestry Commission, India consumed 50.1 million cubic metres of industrial roundwood, 23.2 million tonnes of paper, paperboard, and other fibre, and 11.16 million cubic metres of sawn wood and panel wood in 2014.
MC MEHTA VS THE UNION OF INDIA: CASE COMMENT
Through this case comment, I seek to bring out the essentiality and critique of the judicial pronouncement in the 1986 case of “MC Mehta Vs. Union of India” contextualizing the jurisprudential application Absolute liability under the framework set after the Shriram Food and Fertilisers Ltd. tragedy which was about application of article 21i and 32ii of constitution alongside the environmental laws. I will direct focus towards the judicial rationale creating a theoretical foundation for subsequent discursive analysis and seek to clarify the essence of replacement of strict liability with absolute. Ultimately, I attempt to engage in a consequential analysis while clarifying the possible implications of the judgment in a setting of increasing environmental and public health consciousness while also taking into consideration some of the tenets of the constitution of India. Utilizing such analysis, this draft attempt to shed light upon a few inevitable inadequacies of the decision.
FREEDOM OF EXPRESSION: A CRITICAL ANALYSIS IN INDIA
Our civilization is 5000 years old; we are people of unity in diversity, we have never been hostile towards different ideas. It is also wished in the Rig-Veda, “Aa no bhadrah kravo yannu vishwath. Since ancient times, free speech was preserved in Rig-Veda, Gita and Asoka inscriptions in India, which is relevant even today. In India, since ancient times, the consciousness of expression has been mentioned in religious texts, literature, inscriptions that the right of speech of all persons was respected and the other side was also heard. In the medieval period, saints like Kabir and Tulsi had strongly criticized the evils prevailing in the society and also opposed religious hypocrisy.
HUMAN RESOURCE MANAGEMENT PRACTICES AND ITS IMPACT ON JOB SATISFACTION AMONG EMPLOYEES IN HIGHER EDUCATION SECTOR
The study assesses to human resource management practices that are recruitment and selection, training and development and performance appraisal on employee’s job satisfaction. Using random sampling method, the sample data of 400 employees (teaching/non-teaching staff) was collected from Government and Private affiliated higher educational institutions of India using questionnaire method. Descriptive and inferential statistical techniques such as t-test and co relational analysis were applied to analyze the data. The study reveals that all the HRM practices implemented in the study area does not highly correlated to both the teaching and non teaching employees equally. However, it was also found that performance appraisal practices have no significant differences among government and private universities. This will be indicate some significant impact of overall HRM practices on job satisfaction among teaching and non-teaching staff of both the government and private institutions. Here, suggestions were made for the high-performance HR practices and employee’s job satisfaction, limitations of the study are disclosed, and future research directions for the academics are mentioned.
FEMINISM AND THE CONSTITUTION – EMBRACING GENDER EQUALITY IN THE MODERN ERA
During the 8th DR. L.M. Singhvi Memorial Lecture in New Delhi, CJI Chandrachud asserted that the Indian Constitution is a feminist document and a true product of Indian imagination. In recent years, there has been a growing demand for constitutional principles that reflect the ideas of participatory constitutionalism, encompassing democratic, cultural, and political notions. iThe underlying concept behind constitution-making is that its authority must stem from the people, based on the principle of popular sovereignty, where the ultimate political authority involves and relies upon the citizens of the country. "Constitutionalism" iiitself provides legitimacy and serves as a natural corollary to the fundamental governance of a democratic nation. It encompasses various principles, including popular sovereignty, an independent judiciary, gender rights, and the rule of law. Constitutionalism ensures that the idea of democracy does not lead to the violation of fundamental rights or the oppression of minority groups in society. Moreover, Transformative constitutionalismiii goes beyond merely safeguarding rights or controlling the power of fundamental rights. It seeks to bridge the gap by linking the constitutional text with the social and political progress in a society. Transformative constitutionalism embraces principles such as equality, fraternity, and dignity, thereby striving to eliminate discrimination based on caste, sex, gender, color, place of birth, and other factors.
PLEA BARGAINING IN INDIA: WHY IT HAS FAILED
The year 2023 has been milestone for India for many a reasons, few of the reasons not worthy to be proud of though. It crossed the 3 trillion dollar mark four years ago in 2019, being the fastest growing major economies. In 2023, it pipped the UK economy to become the fifth largest economy in the world. But there is another milestone that puts our head in shame is that India has now more than 5 crore pending cases across the courts all over the country and giving credit to the digitalization, the case load is multiplying at a whopping 18 percent. Adding to the ignonimity, there are people who have been in prison for a duration which exceeds the sentence for the crime committed had they pleaded guilty to the same. These are extreme examples and a glaring blot on our democracy. One of the steps taken for tackling the huge menace of pendency of cases and plug the loopholes of criminal cases in courts was introduction of Plea bargaining, by way of the Criminal Law (Amendment) Act, 2005 wherein it was introduced in Chapter XXI A of Code of Criminal Procedure, 1973. The Act came into force on 5th July, 2006. The concept was borrowed from Constitution of United States of America.
THE ROLE OF THE COURT IN TANZANIA IN ENHANCING THE RULE OF LAW FOR NATIONAL DEVELOPMENT
Most democratic constitutions in the modern world limit powers of the executive and subject the state to the principles of democracy, human rights and good governance. On the other hand, the Court also has a role to play in ensuring that everyone within the state adheres to the rule of law. In discharging its primary function of administration of justice, the court must ensure that there is affordable access to justice to all, prevention of abuse of powers by any state machinery and the existence of equality before the law through fair and just legal procedure. This must be evidenced in both criminal and civil justice systems. This paper presents a scholarly discussion on the role of the Court in Tanzania in enhancing the rule of law for national development. In the discussion, the author reflects on the government’s efforts in promoting the rule of law in Tanzania from the period after independence in 1961 to 1994 when the Bill of Rights was entrenched in the Constitution of the United Republic of Tanzania (1977) in 1984.i This presentation evaluates the role played by the Courts in upholding the rule of law in Tanzania for national development.ii The major focus is to assess how the Courts in Tanzania underscore the principles of human rights, access to justice, democracy, equality before the law and prevention of any abuse of powers by the state. Finally, the author presents the contribution of the courts in implementation of the Tanzania’s Development Vision 2025 in accordance with the principles of rule of law.
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POLLUTER PAYS PRINCIPLE AS A PRINCIPLE OF SUSTAINABLE DEVELOPMENT: A STUDY IN INDIAN SCENARIO
The growing consciousness about the environment have led to a lot of debates and studies across the globe on the aspect of environment deterioration and solutions to protect the environment for future generations. One principle that has been commonly used to affix liability on the polluters of the environment is the principle of polluter pays. It has been used as a common principle to impose penalty upon the polluters of environment which generally includes the compensation to be provided to the victims of environmental degradation as well as the costs to restore the biodiversity of the concerned place. In the present paper, the author traces the history of the principle and examines its significance especially in the Indian context. The principle of polluter pays and the precautionary principle have been made a part of Indian environmental jurisprudence by the honorable courts through a number of cases. In this paper, the application of the principle by the Indian judiciary and the National Green Tribunal has been discussed along with the limitations of the principle in affixing liability. The issues in the implementation of the principle have also been discussed along with the possible suggestions to improve its applicability.
THE RIGHT TO INFORMATION: A COMPREHENSIVE ANALYSIS ABOUT IT
RTI (Right to Information) was introduced for empowering the citizens to question the Government and its working in different Government sectors and in different Government activities. Any citizen is able to request for information which does not threaten the internal security and integrity of our country. So we can say that Right to Information is a right which is given to the citizens of our country to question and hold the government accountable for its functions and activities. The RTI Act 2005 helps the citizens of our country in exercising this right. We find that in the present days this Act is widely used by the citizens and the media to uncover corruption and malpractices. The Right to Information (RTI) is an act of the Parliament of India which describes the rules and regulations and procedures regarding citizens' right to information in India. The former Freedom of Information Act 2002 is replaced by it. According to the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of matter which is involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also imposes penalties if it is found that the authorities are doing delay without proper reasons in responding to the citizen within the stipulated time. So we can say that the Right to Information helps in keeping transparency and accountability in the working of the Government of our country.
PROVISIONS RELATING TO BAIL UNDER THE CODE OF CRIMINAL PROCEDURE IN BANGLADESH
The term "bail" was originally taken from the French word "bailer," which means to provide or deliver. So, bail denotes to release of an accused person from police custody or imprisonment for a while in the hand of a surety and the responsibility of presenting the accused person before the Court whenever necessary has been assigned to the surety. Bail also gives a message to the bailed person that though he is not in judicial custody, he is under the Court's observation and has to remain sincere to the court proceeding till the judgement of the case is declared. Considering the facts and circumstances, the trial court or appellate Court decides on granting, cancelling or restoring bail. However, keeping in mind the very fundamental right of life and personal liberty ensured by the constitution of Bangladesh, our other statutory laws have made bail provisions to achieve two purposes. First, to secure the accused's presence before investigation agencies as well as the Court of law and second, to preserve his fundamental right to life and liberty. Thus bail keeps a balance between the two.
THE REGULATION OF E-COMMERCE UNDER INDIAN COMPETITION LAW
This paper shall analyse the treatment of the burgeoning e-commerce market under the competition laws of India. The role of the Competition Commission of India (“CCI”) vide its various pronouncements in disputes involving e-commerce companies has been crucial in shaping the jurisprudence surrounding the digital market. It also raises several questions with respect to the terminology used in certain provisions of the Competition Act, 2002 (“the Act”). Part I shall analyse how the CCI through various judgments, has dealt with the question of delineating the “relevant market” for digital companies. Part II shall delve into the question of exclusive arrangements, and whether such arrangements have been declared anti-competitive by the CCI. Part III will analyse “deep discounts” provided by online retail platforms in light of the law on predatory pricing. Part IV shall operate as the conclusion of the paper, delineating the various lacunae in the applicable laws, and estimating the way forward for e-commerce in India.
THE UNENDING PRACTICE OF DOMESTIC VIOLENCE IN DEMOCRATIC INDIA: A CRITICAL STUDY
The ill-practice of domestic violence in Indian homes seems to be a never receding phenomenon since ages. According to the latest National Family Health Survey-5 data, one in three married women are subjected to domestic violence. This situation is very serious. Though worldwide, the situation is similar. To contain this menace, the Government of India has passed Protection of Women from Domestic Violence Act, 2005, which envisages that domestic violence includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse. The present growth of technology, especially in the fields of electronics such as the Internet and the Computers, has further added a new dimension to domestic violence phenomenon. Here, it is pertinent to note that the said Act comes under civil law with an intent to check the recurrence of domestic violence activities in the future. The Act provides protection from the occurrence of domestic violence in the households. In this context, it has to be noted that a sizeable number of women defend this ill-practice of their husbands in the light of past traditions. Thus, apart from the legal, there is another angle of sociological change including that of the mindset of the victims of domestic violence. In any case, the phenomenon of domestic violence is a blot on the face of civil society and clearly, is misogynistic in nature. This paper attempts to explore the condition of women affected by domestic violence in the light of the existing law of the land and also, to suggest the possible solutions of the problem.
WHERE DO SYRIAN CHRISTIAN WOMEN STAND IN THE INTERPLAY OF CUSTOM, KINSHIP AND THE LAW?
Law and society have a symbiotic relationship. Law seems to be omnipresent, and an integral pillar of civilisation, whether it is religion or a nation-state; law is the axis and foundation. To answer the question, which is more influential- the present societal norms or law; is a Herculean task as definitions no longer remain within lines and transcend customary understanding. The juxtaposition of affect and effect often comes about when law aims to change established norms. The Mary Roy judgement brought to court the age-old position of the Syrian Christian daughter in her father’s estate. The Syrian Christian community of Kerala, which imbibed Hindu traditions and kept its Christian faith, has made itself unique and distinct from other communities. Dowry has always been viewed as the norm, with the same entered in the Church registry at the beginning of the union; it is considered the daughter’s share and after her husband’s family receives the same, she no longer has any right in her father’s property. The Mary Roy judgement pitted Syrian Christian norms against the understanding of the Indian Succession Act in an attempt to expand the boundaries of the daughter’s rights. The capability of law to carry society to what is considered to be forward was tested in the events that followed the Mary Roy judgement. Equal rights are not just a matter of law and literacy as the discourse in society pointed out. The judgement shone light on the influence of law in the presence of a strong allegiance to prevailing custom and ideas of kinship.
BARRIERS TO A RESILIENT CONSTITUTION IN BANGLADESH AND RESOLUTIONS: AN EXPLORATORY ANALYSIS
Bangladesh has experienced a period of “Illiberal democracy” in recent times where politicians have acted autocratically, rewarding political supporters, punishing the opposition. The judiciary, bureaucracy, police and even the legislature have all been hollowed out by financial, partisan and personal attention. Disorder became the order, irregular the regular and Machiavellianism the political practice. Following a series of ups and downs, question arises, as to whether the constitution has been able to maintain its resilience! The purpose of this paper is to find out the answer. It describes the major constitutional drawbacks with a historical perspective. This paper also exposes, whether the constitution can be called as a resilient one or not. If not, then what are the barriers and resolutions? It aims to bring to light and consolidate the key issues in this area. It proposes an institutional approach as well which is contrary to the by and large person-centered approach.