As India slowly transitions to normalcy after the devastating second wave of the COVID-19 pandemic, it has continued to shatter records in vaccinating its population, promising a glimmer of hope at the end of what has been a long and dark tunnel for most. Living life online has also promoted the reimagination of laws and policies across the globe, including India, and also given rise to new issues and challenges which countries are continually trying to grapple with.
Despite the setbacks that India faced upon the onset of the pandemic, the GDP grew by 8.4% in the July-September quarter of 2021-22. While much of this growth can be contributed to the slump induced by the lockdown amidst the pandemic, such economic growth is indicative of the return of persons to the workforce, owing to the increased vaccination rates and easing of lockdowns across different states.
Amidst the pandemic, India also witnessed an onslaught of political challenges. Across the country, farmers’ protests ensued against the proposed three farm laws, which, amongst other features, allowed farmers to trade produce outside physical premises of the Agricultural Produce Marketing Committee (APMC) markets. Farmers feared that the laws would give rise to the corporate exploitation of farmers, and lead to the corporatization of agriculture. Recently, however, Prime Minister Modi announced that the laws would be repealed by the Parliament.
India has also partaken in tremendous efforts in international diplomacy concerning climate change. The 26th UN Climate Change Conference of the Parties (COP26), which was held in Glasgow in October- November, culminated in a platform for countries across to globe to reiterate their commitments to prevent climate change. At COP26, PM Modi announced that India would aim to attain net zero emissions by 2070, and carbon emissions would be cut by a billion tonnes by 2030. Notably, China and US also agreed to act together, to boost climate cooperation over the next decade.
The withdrawal of US troops from Afghanistan earlier this year, which has evolved into a humanitarian crisis, continues to plague the international community. The UNHCR, the UN Refugee Agency, predicted that by the end of 2021, the crisis could displace half a million more Afghans. The impact has been particularly brutal upon vulnerable groups such as women and children, who continue to face threat of insecurity and violence.
During the same time, the European Union is also witnessing its own migrant crisis at the Belarus-European Union border. The Belarusian President, earlier this year, warned the EU that he would allow migrants to flood into western Europe if sanctions are imposed against Belarus. European States including Poland, Latvia and Lithuania have characterized the crisis as “hybrid warfare”, weaponized by Belarus. Internationally, the actions of European States have been criticized for its handling of the migrants, refugees and asylum-seekers, by denying processing and deploying troops at the border, exacerbating the human rights situation.
The Indian government is also addressing some key issues head on, illustrated in its attempt to regulate the cryptocurrency sector in the country. Although initially, there was an impression that there would an outright ban on trading in cryptocurrency in India, the recent developments indicate a change of course, as the government seeks to regulate cryptocurrencies as “assets”. Additionally, India is also working on introducing its own central bank digital currency, which would be governed by the Reserve Bank of India. The proposed bill seems to approach the issue with caution, but if implemented, could usher in a progressive regulatory framework for cryptocurrencies.
The current times highlight the complexities in law, politics and development, warranting a close examination of their confluence. The GNLU Journal of Law, Development and Politics seeks to address issues of contemporary relevance, both nationally and internationally, providing in-depth analysis and proposing solutions through interdisciplinary studies. Specifically, Volume 11(2) encompasses a range of topics, from a comparative study of lockdown and testing policy in the pandemic and crisis communication by the Kerala Police, to transgender criminology, and socio-cultural and legal implications of the Puri Rath Yatra. It also includes an analysis of the Jallikattu Ban, and diverse subjects such as FIFA Regulations, national policies for elderly in India, and predatory pricing and merger exemptions under competition law.
The Editorial Board is pleased to bring forth an edition with enriching scholarship, which would certainly intrigue readers and promote further study on these contemporary issues.
- EDITORS
October, 2021
GJLDP
Bibha Tripathi
Abstract
Transgender Criminology may be a new concept for Indian Criminologists but authorities of world at large have started working on this issue since the very last decade of twentieth century. It seeks to challenge the heteronormativity and gender role conformity prevailing in the society in general and socio legal institutions in particular. The thought process conceived in the last decade of twentieth century is in dire need of far reaching research and development in different fields so that the community may get its long over dues. The concept of Transgender Criminology is being developed on the line of Feminist Criminology. Though it is still in its infancy stage and academe and the Criminal Justice System of world at large will have to focus more on introducing and developing the concept of Transgender Criminology. Miles to go for change in societal attitude so that this population may also become a part of the mainstream society and could enjoy the actual being of human. If a woman still faces violence, discrimination and harassment despite having a specific gender identity, gender conformity and gender orientation, one can easily understand the trauma with which a Transgender person undergoes. The recognition of Transgender Criminology can bring a make shift in their Social, Economic, Civil and Political status in the society.
Prof. Bibha Tripathi is Faculty of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, India, email: bibha-manojtripathi@rediffmail.com
A. Marisport
Abstract
Jallikattu is an unique sport which is popular in Tamil Nadu. In this sport, warriors who holds the bull on his control for a certain period is considered as brave man and he is declared as winner. This sport has its deep routed culture. It helps the people to find out suitable bull for mating and find a suitable man for their daughters. However, animal welfare activists condemn this sport as cruel sport. In this article, the author has analysed Jallikattu sport and its allied issues with the help of various Criminological theories. the author has tried to find a solution for balancing the interest of people and ensuring animal safety.
Keywords: Jallikattu, Tamilians and Jallikattu, Animal Welfare Concerns in Jallikattu
Dr. A. Marisport, is Assistant Professor of Law, Gujarat National Law University, Gandhinagar, Gujarat, email: marisport85@gmail.com
Nikita Koradia & Rohan Dembani*
Abstract
Predatory pricing policy in India is at crossroads with Jio becoming the largest player in the wireless telecommunication market and reducing the market to a triopoly. There is a need for the Competition Commission of India to reflect on its enforcement policy under Section 4 of the Indian Competition Act, 2002. The article starts by exploring the concept of predatory pricing and why it remains a contested concept. The second part of the paper argues the need for revisiting the dominance requirement to initiate an investigation under Section 26 read with Section 4 of the Indian Competition act by drawing inferences from US and France antitrust law. It shall discuss in detail the need for adopting an attempted monopolization benchmark for cases of predatory pricing. The third part proposes two thresholds (a) common market share and; (b) proof of exclusion, that the commission can adopt in order to differentiate legitimate promotional pricing from illegitimate predatory pricing. The article questions the major premises on which predatory pricing abuse can be invoked. It will be illustrated, that a non-dominant entity can achieve the same result of distorting competition as a dominant entity can, by predation. In particular, it will be argued that for an entity to commit predation, market power is not a prerequisite instead the commission must look at the effect in the market. Therefore, the Competition Commission of India is well advised to revisit the prerequisite of dominance for predatory pricing wrongs.
Keywords: Predatory pricing, promotional pricing, exclusion, dominance.
Nikita Koradia is Assistant Professor, Institute of Law, Nirma University, Gujarat email: nikita.koradia@nir-mauni.ac.in.
Mr. Rohan Dembani, Student, Institute of Law, Nirma University, Gujarat: 19bbl107@nirmauni.ac.in
*Reproduced/Reprinted by permission from Towards Excellence, September, 2021, Vol. 13, No.3, published by UGC-Human Resource Development Centre, Gujarat University, Ahmedabad.
Hiteshkumar Thakkar, Gaurang Rami and Krishna Agarwal
Abstract
COVID-19 crisis has raised a trade-off upon the government to allocate rights to the people. This has been done due to the presence of negative externality in the system. The legislation should be made in such a way that marginal benefits outweigh the costs. This research paper has done a comparative analysis using the tool of Law and Economics of five countries- India, New Zealand, Brazil, South Korea and USA. The research paper is mainly focused to evaluate the degree of the Pigouvian Model as lockdown and other polices actions adopted by these five countries. Through multiple regression analysis, the models are prepared by researchers to study the efficiency of the imposition of lockdown and benefit of adequate testing to the COVID-19 patients, which can provide sufficient time to moderate the effect Covid-19 pandemic in the sample countries.
Keywords: COVID-19, Pigouvian Model, Multiple regression analysis, Lockdown, Testing
Dr. Hiteshkumar Thakkar is Assistant Professor of Economics, Gujarat National Law University, Gandhinagar Gujarat, INDIA, email: hthakkar@gnlu.ac.in.
Dr. Gaurang Rami is Professor of Economics,Veer Narmad South Gujarat University, Surat, Gujarat, INDIA, email: grami@rediffmail.com.
Krishna Agarwal is Student (2019-24 Batch), Gujarat National Law University, Gandhinagar Gujarat, INDIA, email: krshnaagarwal16@gmail.com.
Abhisst Kaushal Thaker, Madhuri Parikh
ABSTRACT
The rise in cases involving the conflict between wildlife and humans is presently at an all- time alarming rate in India. The focus thereafter if on the causes that lead to human-wildlife conflict and the role of the polity in trying to prevent the destruction of last remaining habitats of the endangered species. The article, analyses the different legislations and their role in minimizing the conflict, the need for robust mechanism in dealing with offences relating to the Illegal trade and smuggling of species like Tiger (skin/bones), Elephant (Ivory), Pangolin (scales) etc. The need of the hour is international co-operation as the offences are not restricted only to one country or its boundary and thus the article minutely dissects the International conventions and treaties and their role in saving the near extinction species. Thus, the discussion starts from the need for legislation, the growth and need of such legislation, international co-operation and at last the judicial approach and its effect in minimizing Wildlife crimes in India.
Abhisst Kaushal Thaker is Advocate, Ph.D. Research Scholar, Institute of Law, Nirma University, Gujarat. Email: thakerandco@gmail.com.
Madhuri Parikh is Associate Professor, Institute of Law, Nirma University, Gujarat email: map.il@nirmauni.ac.in.
Tarun & Kingshuk Saha
Abstract
Agents and intermediaries play a very crucial role in football. They are primarily involved in introducing the players to various clubs, with an aim to negotiate, or re-negotiate, their contracts of employment. They are also often involved in introducing two clubs to one another, for effecting transfer agreements between the two. The apex body for regulating international football, FIFA, has framed guidelines with respect to Players’ Intermediaries, regarding regulations and licensing in order to regulate the same. The National Associations are expected to issue licenses in accordance with the FIFA guidelines. FIFA has made several amendments to these regulations over the course of time, the major ones being those in 1994, 2001, 2008 and finally in 2015. FIFA has recently proposed new amendments with respect to Intermediaries, which has since been receiving criticism on various grounds. This paper discusses the regulations with respect to three contentious topics: the overhaul of the licensing system, the cap on agents’ fees and the test for impeccable character of an agent. It discusses the evolution of these regulations, the requirement and implication of these licenses, the intermediary licensing process under FIFA and the AIFF, the cap on agents’ fees and the test of ‘impeccable’ character in light of the responsibilities of a modern day agent, and the proposed amendments to the regulations as well as the criticisms faced by these proposed amendments.
Keywords: FIFA, Intermediaries, Agents, Licensing, Fees, Impeccable character.
Tarun is Assistant Professor (Research), Gujarat National Law University, Gujarat, email: tarungk01@gmail.com.
Kingshuk Saha is Student, Symbiosis Law School, Gujarat Hyderabad, email: kingshuk.saha@student.slsh.edu.in.
Satya Prakash Dash & Manaswini Pradhan
Abstract:
The paper discusses the conduct of the Puri Rath Yatra amidst the Covid19 pandemic, and the legal complicacy that followed in the Hon’ble Supreme Court. Probably, during the pandemic period, this Rath Yatra was the only matter that was allowed by the Apex Court under strict vigilance of the Odisha Government and with the minimum number of servitors required for the performance of the ritual. The paper analyses the cultural and historical issues associated with the Puri Rath Yatra, and the significance it holds to the cultural traditions of the Hindu religion. It examines how an emotive issue of the Puri Rath Yatra was finally given the green signal by the Apex Court after an initial injunction of not allowing it. It examines the various religious bodies associated with the tradition of Lord Jagannath, and their significance to the adherence of the religious practice of Rath Yatra.
Keywords: Jagannath Rath Yatra, Supreme Court, Gajapati Maharaja, Government, Chhatisha Nijog.
Dr. Satya Prakash Dash is Associate Professor, Dept. of Political Science & Pub. Admn., Head, Dept. of Political Science & Public Administration, Sambalpur University, Odisha,email: drsatyadash@gmail.com.
Manaswini Pradhan is Assistant Professor, Dept. of ICT, Fakir Mohan University, Balasore, Odisha, email: mpradhan.fmu@gmail.com.
Devi Parvathy & Gigimon V. S
Abstract
Covid 19 has created heightened levels of tension and panic in the society. The State through its public health care system responded to the pandemic professionally by adopting the standard protocols recommended by the WHO and other designated agencies. The Health Department acted in tandem with the Revenue, Police, Local Self Government and the NGOs so that the efficacy of the systemic response could be improved. The present paper tries to analyse the role played by the police department in the Pathanamthitta district of Kerala State. The District Police had been campaigning through print, visual as well as social media platforms regarding the significance of social distancing, sanitizing etc. The district had no precedents or models to emulate. The police had to formulate strategies and practises within the broad framework provided by the state. The role played by the police force in the district in enforcing the standard protocols and operating principles, media communication, humanitarian assistance, is commendable. The strategies and measures taken and implemented by the district were effective and later those measures are recognised and adopted by the State as a standard model of controlling COVID-19. The paper does an analytical study on the diverse methods used by the police department in the district Pathanamthitta for communicating with the local people about the pandemic during the second phase of virus spread in Kerala during March, 2020. The paper uses crisis communication and risk communication framework expounded by Brewer, Palencher and Covello.
Keywords: Communication, COVID-19, Crisis Communication, Risk Communication, Containment, Pandemic.
Dr. Devi Parvathy is Assistant Professor, Department of Public Administration and Policy Studies, CentralUniversity of Kerala, e-mail: devi9024@gmail.com.
Dr. Gigimon V.S. is Associate Professor, Mar Gregorios College of Law, Trivandrum, email: profggvs@gmail.com.
Parvathy N. & Sriram Divi
Abstract
The population in the world slowly turning grey, owing to the process of ageing. Technologically advanced countries have developed their policies to tackle the concerns related to ageing. Developing countries need to have a strong policy framework for elderly care in their countries. The problems related to ageing are a global concern that needs to be tackled by individual countries through their policies and programs for the elderly. The policies should be based on providing social security, economic support, and essential services including health care fairly well to the elderly.
The paper aims to summarize the available pieces of evidence on initiatives and implementation of geriatric health programs in India and compare them with the existing policy initiatives. The paper also aims at identifying the research gaps and areas for future research.
An extensive literature review was carried out on both published material and grey literature related to policies related to the elderly in India and other countries. The final analysis was carried out only on the articles related to policies from India.
Through policies and programs, governments are trying to ease the economic burden of the elderly through different types of pensions, however, they are not adequate. Given the larger population, it is impossible for government only to provide sociological support to the elderly.
There is a need to develop its own cost-effective and culturally appropriate approach solution to addressing the health and care needs of the elderly. It would necessarily be a more community-centered approach where care is provided in synergy with family support, with a greater role for community-level caregivers with good continuity of care with higher levels.
Parvathy N is PhD scholar, Department of Public Policy and Administration, School of Liberal studies, Pandit Deendayal Energy University, Gandhinagr, Gujarat, e-mail: pshanker2002@gmail.com.
Sriram Divi is Associate Professor, Department of Public Policy and Administration, School of Liberal Studies, Pandit Deendayal Energy University, Gandhinagr, Gujarat, e-mail: sriram_divi@yahoo.co.in.
Mahesh. L Chaudhary, Abhishek Wadhawan, Jalaj Pandey & Ved Thakur
Abstract:
A mega merger of the Public Sector Banks (PSBs) in India was undertaken by the government in 2019 which was done without any approval of the Competition Commission of India using the Government of India’s special statutory power to exempt a few businesses or a set of businesses from the purview of the Competition Act, 2002. This research paper analyses the implications of the mega merger of 2019 between the PSBs from legal and managerial viewpoint with reference to the exemption under the Competition Act, 2002. The study largely relied on the secondary data sources for fulfilling its research objectives. It has been found that the exemption provided for the merger of the PSBs is in deviation with the international practices adopted in different jurisdiction where mergers are scrutinized under the lens of the anti-trust laws. The study also finds that prima facie the financial performance of the merged PSBs has improved, but it would be too early to celebrate as the important issues pertaining to synchronization of IT infrastructure and business procedures among the merged banks, rationalization of physical infrastructure and human resource management and managing cultural diversity needs to be handled prudently.
Keywords: Merger, Banking, Anti-trust, Competition Act, Bank Performance
Mahesh L Chaudhary, Assistant Professor of Management, Gujarat National Law University, Gandhinagar, email: mchaudhary@gnlu.ac.in.
Abhishek Wadhawan; Jalaj Pandey & Ved Thakur are the students of the Batch 2018-23, Gujarat National Law University, Gandhinagar, Gujarat.
