As the year come to an end the world reflected on significant events that shaped global discourse. The Israel-Palestine conflict, the COP28 summit, and the state elections in India stand out as pivotal moments of 2023. Each event brought its own complexities and reverberations, leaving indelible marks on the international landscape.
The state elections in India marked a crucial moment in the country's political landscape, resulting in a significant consolidation of power for the Bharatiya Janata Party (BJP) right before the 2024 General Elections. The BJP's resounding victory not only reaffirmed its position as a dominant political force but also reflected a broader endorsement of its policies and leadership.
The COP28 summit was a crucial platform for nations to address climate change, underscoring the imperative for collective action in mitigating its effects. While it is significant that at the COP28 summit the developed and developing nations entered into a compromise to do away with fossil fuels, the developing countries continue to face the brunt of global north-south divide. An article examines the impact of environmental laws on livelihood of tribal women and underscores the need for holistic and comprehensive environmental laws which are attuned with the socio-political struggles of a developing nation.
Despite women's political agency, systemic and societal hurdles impede their growth, perpetuating a patriarchal structure. Another article focuses on persistent gender disparity in India's political landscape, focusing on the limited representation of women in high-ranking political positions. After 75 years of Independence, the research concludes that substantive strides are imperative to dismantle barriers and elevate women's participation in political decision-making, fostering a more inclusive and equitable democratic landscape.
In recent times, a pivotal global development revolves around the rapid evolution of technology, particularly with the advent of Artificial Intelligence (AI). This transformative shift is reshaping industries, economies, and societal norms at an unprecedented pace. Analysing this, an author delves into the multifaceted role of AI based on real life case studies. Further, the author explores the optimum manner in which AI can be leveraged in corporate organisations to promote efficiency, competitiveness, and sustainability within the confines of ethical considerations and responsible conduct. It is concluded that using AI is inevitable for long-term corporate success and sustainability.
With the advent and rapid evolution of AI, the dystopia of surveillance capitalism imagined by George Orwell becomes a sad reality day by day. The paper highlights the pervasiveness of internet in all spheres of life and the emergence of powerful transnational corporations, colloquially known as the 'Big Others' which pose a formidable threat to privacy and internet freedom. It asserts that internet companies exploit normative divisions and informational asymmetry to harvest user data, generating profit through big data. Beyond a technological issue, the paper frames 'surveillance capitalism' and 'data privacy' as economic and social challenges. Critiquing existing legal frameworks, the paper advocates for more robust measures to address these issues.
In the arena of human rights, an article examines the rights of prisoners in India against the larger backdrop of the underlying criminal justice system. The paper traces the administration, structure and operation of prisons in India since the olden times and draws a comparison between the retributive system of prisons and rehabilitative one. An important finding of the paper is that the nation is gradually moving towards rehabilitative form of prisons and identifies methods and approaches of rehabilitation which can be adopted in the modern system of prisons.
Furthermore, another article highlights the need to impose responsibility on corporations to uphold human and environmental rights given the significant role they play in global development. Notable cases like the Bhopal Gas Disaster and global instances such as the Pohang Steel Company and Unilever Corporation reveal regulatory gaps. The editorial emphasizes the need for legislative changes in India, advocating for direct corporate accountability, whether criminal or otherwise, to ensure compliance and safeguard against human rights violations.
On the other hand, a paper conducts a comparative analysis of India's stance on euthanasia in the global context, particularly against several European countries. Drawing comparisons, the paper addresses whether India's current legal positions align with global norms and suggests that, if legalized, euthanasia in India requires a carefully crafted legislative framework.
The China-Pakistan economics corridor has been making the news since its inception in 2015. Initially designed to reshape Pakistan's economic landscape through extensive infrastructure and energy networks, the project has gained renewed significance post the US troop withdrawal from Afghanistan in 2021. India has always vehemently opposed the CPEC. The paper systematically explores the geostrategic implications of the CPEC for China-Pakistan relations and assesses its strategic consequences for India.
In relation to the landscape of education policy, an author analyses the impact of New Education Policy 2020 in higher education and emphasis on the need for seamless integration and coordination across all institutions.
While the elections in India allowed the BJP to strengthen its foothold in various regions across India, showcasing an expanded support base it also marked a reiteration of confidence in Prime Minister’s leadership. It provides an opportunity for the party to drive forward its initiatives concerning economic development, social reforms, and governance reforms, among other key areas. However, amidst this triumph, it's essential to acknowledge the diverse opinions and perspectives within the country and also underlined the need for continuous dialogue, inclusivity, and responsiveness to the aspirations of all segments of society.
The Israel conflict, the COP286 summit, the Russia-Ukrain crisis, and the elections in carries profound implications for the world's and as we step into a new year, these events remain critical touchstones, guiding discussions and actions toward a more stable, sustainable, and peaceful global community.
The present issue also examines the concept of singlehood. The paper criticizes the legal system for not adapting to changing family dynamics, highlighting alternatives like IVF, sperm banks, adoption, and surrogacy. It challenges the perceived supremacy of marriage, advocating for acknowledgment of singlehood and sexual freedom to combat stigma and injustice.
We hope the present volume generates the interest of the readers and takes forward the various debates in enriching academic discourse on issues of contemporary relevance.
- EDITORS
Meenakshi Nayak & Tattwamasi Paltasingh
Abstract
Environmental law encompasses a set of regulations, legal principles, policies and directives which are enacted and enforced by regional, national, or international entities to safeguard environment and manage natural resources. Environmental laws ensure that people, organizations, and governments do not harm the ecosystems. But in reality, only framing environmental laws is not sufficient to protect the environment. Effective implementation is equally important. Tribal women are more connected to the nature and continue to protect their immediate eco-system with age-old practices. These environmental laws have immense consequences on their everyday life and livelihood. In this context, the paper intends to reflect the impact of environmental laws on the livelihood of tribal people, especially on tribal women. Furthermore, the paper highlights the direct and indirect effects of forest regulations, agricultural policies and development initiatives on the livelihood and everyday life of tribal women.
Keywords: Environmental Law, Tribal Women, Livelihood, Forest.
Imran Khurshid
Abstract
The number of women holding high political positions in India is still quite small. The main objective of this research paper is to present the argument that, Women’s participation in state politics in particular has lagged behind, leaving those shut out of crucial positions of authority and influence. Although women have political agency and a willingness to engage, structural and non-structural constraints have prevented them from achieving parity in political discourse. The paper studies the existing position of women in India;s political decision-making apparatus and the obstacles they face in entering the political arena. These political institutions are based on patriarchy, and patriarchal systems exist regardless of social class. In India’s political arena, violence, smear campaigns, and accusations of corruption are all too common. Harassment, inappropriate comments, abuse, and threats of harm have long been directed towards women politicians, making it difficult for them to run for office. The findings of this research paper are that women’s participation in political decision making apparatus continues to remain low even after 75 years of Independence.
Keywords: political participation, women decision making powers, internalized patriarchy, criminalization of politics, muscle power, systemic constraints.
Raj Kiran Tripathy
Abstract
Internet was conceptualized to be a ‘global social space’ free from states (often characterized as ‘weary giants of flesh and steel’) diktat and tyranny. Little did people know that internet, in times to come, would penetrate those spheres of human lives which even ‘weary giants of flesh and steel’ couldn’t. Historically the fight to protect privacy has been against states but contemporary developments have thrown contemporary challenges at the civil society and law making authorities. Transnational Corporations like Google, Microsoft, Facebook, Amazon and Apple, also called the ‘Big Others’ by a few, pose a bigger threat to internet in general and privacy in particular. This paper brings to the fore the malaise of surveillance capitalism propelled primarily by the Big Others. The paper argues that the extraction and theft of user data doesn’t happen in an ideological vacuum and that at the core of it lies an economic process that prioritizes a certain ‘logic of accumulation’ that gives birth to a ‘surplus production’ thereby aiding the rise of capitalist economy and the Big Others. The paper argues that internet companies bank on normative cleavages and ubiquitous informational asymmetry to tap and exploit user behavior on internet thereby generating big data which acts as raw material for the production of profit. The purpose of the paper is to highlight and reflect on the issue of ‘surveillance capitalism’ and ‘data privacy’ not as a technological problem but as an economic and social problem. The paper also highlights the insufficiency of the existing legal regime in tackling the problems and suggests for ways in which law can address the issues at hand.
Keywords: Surveillance capitalism, logic of accumulation, data privacy, Big Other
Mrinalini Banerjee & Abhay Singh
Abstract
“To deny people their human rights is to challenge their very humanity.” - Nelson Mandela
The industrial group and mega corporations are reshaping the world. Corporations today play a vital role in job creation and societal growth. However, often due to the corporate greed of certain organisations, grave environmental violations occur, causing severe violations of Human Rights. In such circumstances, it is the legislature that must act as a shield to protect the common public. Nevertheless, Corporate responsibility for environmental harm has not been adequately unaddressed in India. The adjudication of the Bhopal Gas Disaster case, the Pohang Steel Company Case, and the Unilever Corporation case display the lack of regulations in place to tackle human rights violations by foreign corporations. Furthermore, the UK legislation, although it does provide certain relief, nevertheless flaws in the UK legislation do jeopardise human rights. The UK’s “loser pay principle”, “Sovereign impunity principle”, and limited application of the “non-justiciability principle” create problems in affixing responsibility in case of human rights violation. It is vital that the legislative changes are brought under the Indian law affixing direct responsibility, criminal or otherwise, on the corporations ensuring proper compliance. Environment protection shall be a mandate under the compulsory CSR, to which every corporation shall comply.
Keywords: Corporate Responsibility, Human Rights, Environment protection, company
Chintu Jain & Azimkhan B. Pathan
ABSTRACT
The objective of this paper is to assess India's position on euthanasia in a global context, specifically through a comparative analysis with several European countries. The primary research problem focuses on the legal perspectives of European countries, which will serve as a benchmark for comparing India's stance. Among our research objectives, we employ a comparative approach to gauge the openness of India's attitude towards euthanasia and to understand the practical challenges faced within the country. This includes examining the behaviour of healthcare professionals and the types of medical cases they encounter. By drawing comparisons with European nations, we aim to address the research question of how India should proceed with the legal status of euthanasia and whether the current positions of Indian courts and the parliament align with global norms. In conclusion, we recommend that the legalization of euthanasia in India necessitates a carefully crafted legislative framework. If the Indian parliament decides to draft such a law, it should do so cautiously, recognizing that the right to life remains paramount in India, in contrast to European countries where comprehensive euthanasia laws exist.
Keywords: Euthanasia, India, European countries, Parliament, Supreme Court, Incurable illness, Reasonable alternative
Sadananda Mallik & Manasi Singh
Abstract
Since its commencement in 2015, the ambitious China-Pakistan Economic Corridor (CPEC) has raised high aspirations for reshaping Pakistan’s economic landscape through the construction of infrastructure and energy networks. After the US withdrew its troops and the Taliban took over Afghanistan in August 2021, China, as well as Taliban-led Afghanistan, have shown keen interest in extending the CPEC project in Afghanistan. India has repeatedly registered its protest over (CPEC) as it travels through Pakistan-occupied Kashmir (PoK). Moreover, Gwadar considered CPEC’s jewel in the crown, gives a strategic advantage to both China and Pakistan vis-à-vis India, thus, intensifying the geopolitical contest in the region becomes a sensitive subject from India’s strategic and national security perspectives. The paper, therefore, explores the geostrategic prospects of CPEC for China and Pakistan relations and analyses the strategic implications of for India.
Keywords: Pakistan, China, CPEC, India, Afghanistan
Pratima Dube
Abstract:
The impact of any policy change in the field of higher education can be seen only after a semester or two. The impacts may be both obvious as well as imperceptible and may be manifest only after a passage of time. The new National Education Policy 2020, an initiative of the Government of India, is a document that clearly envisages where school education and higher education is seen to be heading in future. The goals both short term as well as long-term, see a multi-disciplinary, skill-oriented approach that would encourage excellence and innovation along with application of knowledge for the betterment of society with a strong thrust towards research that would benefit humankind. As per the NEP 2020, “A good education institution is one in which every student feels welcomed and cared for, where a safe and stimulating learning environment exists, where a wide range of learning experiences are offered, and where good physical infrastructure and appropriate resources conducive to learning are available to all students. Attaining these qualities must be the goal of every educational institution. However, at the same time, there must also be seamless integration and coordination across institutions and across all stages of education.” (NEP 2020 pg. 5 para 2)
Keywords:
Sneha Maji
Abstract
Singlehood is the State of not being married. Marriage in a spiritual context is believed to be the unity of two minds amalgamating into one soul. Nevertheless, the present rate of Divorce and separation indicates a varied narrative. The essence of love might not always be prevalent in many marriages, but the pivotal need to continue the generation is unavoidable for umpteen clans. Marriage has been the only socially recognised tool for the continuation of progeny; henceforth, the emotional and social needs of widows and single individuals to have their progeny are undermined and not recognised. There have been instances of IVF, sperm bank, adoption and surrogacy as an alternative means of continuation of progeny without undergoing marriage formalities. However, our legal system is not on par with the changing dynamics of present family orientation. There is an imaginary supremacy of marriage even though the spouse witnesses domestic violence, marital rape, ill-treatment or cruelty in any form; nonetheless, the sexual freedom of the unmarried individual is considered unchaste. This paper shall strongly criticise the present legal system, which is silent on many immoral acts done under the umbrella of marriage but fail to acknowledge the reality, which is the need for the sexual freedom of the individual. In the era of science and technology, the law should acknowledge that Singlehood is a reality and that the sexual freedom of the individual is necessary to combat the stigma of Illegitimacy. In the era of modernity illegitimacy of children depending on the sexual dynamism of parents is not a reflection of Justice. Children shall not be illegitimate and deprived of Justice based on a parent’s personal acts and deeds.
Keywords: Singlehood, modernity, Illegitimacy, Social Justice.
Partha Pratim Paul
Abstract
The rapid evolution of technology and the ubiquitous presence of digital tools have fundamentally reshaped modern corporate operations. The multifaceted role of technology and digital transformation in the contemporary corporate landscape, shedding light on their profound impact, challenges, and future implications. The historical development of technology in corporate operations, defining the concept of digital transformation, and identifying the key technological drivers of this transformation. Various theoretical frameworks are discussed to provide a holistic understanding of the phenomenon. Ethical considerations are addressed to ensure the responsible conduct. The lenses of automation and process optimization, improved data management and analytics, enhanced communication and collaboration, and advancements in supply chain and logistics. Real-world case studies are presented to illustrate successful digital transformations and their outcomes. However, it is imperative to acknowledge the challenges and barriers that come hand in hand with this transformation. Employee resistance to change, cyber security concerns, integration issues with legacy systems, data privacy, and regulatory compliance pose significant hurdles. Additionally, cost and resource constraints can impede progress. The benefits of digital transformation are compelling. Increased efficiency and productivity, competitive advantage, enhanced customer experience, and heightened agility in adapting to market changes. Sustainability and environmental impact considerations also emerge as critical factors in the contemporary business landscape. A comprehensive understanding of the role of technology and digital transformation in modern corporate operations. It underscores the transformative potential of technology, the challenges to be overcome, and the immense benefits awaiting organizations that embark on this digital journey. As the business landscape continues to evolve, embracing and harnessing the power of technology becomes not only a strategic imperative but also a key driver of sustainability and success in the corporate world.
Keywords: Digital Transformation, Corporate Operations, Technology Impact, Future Trends
