The current socio-political scenario across the world has been described as volatile, uncertain, complex and ambiguous (VUCA), where rapid advancements in technology are running parallel with deteriorating trust in public institutions. The political dispensation has been coloured with shades of division across religious and cultural lines, which has crept into the social interactions among citizens. This is evident in online media and social media sites, where groups of individuals with political or religious affiliation actively promote violence or exclusion. At the same time, India is at the cusp of finally realising its economic potential. However, the jobs and agrarian crisis indicate a gap between high-end finance and technology, and on-ground distress and unemployment. These set of circumstances necessitate a calibrated legal and political response, which is grounded in inclusive development. Through this academic journal, an attempt has been made to shed light on emerging ideas and actionable proposals. A number of core issues such as farmer welfare, cybercrimes, environmental degradation, and preserving democracy and human rights are some of the topics covered in this upcoming first issue of Volume 14 of the GNLU Journal on Law, Development, and Politics.
Mediation has been given a strong impetus in recent times, through legislative amendments, setting up the Mediation Council of India and allied initiatives. The first article relates to mediation, which is still considered as a new field within alternative dispute resolution in India. Mediation must be at the forefront of legal practise to reduce the exponentially high pendency rates of civil cases in courts. This research on mediation and conciliation as alternative dispute resolution tools in Gujarat, India, explores the effectiveness of these methods in resolving disputes. The study is based on interviews with 100 advocates in Gujarat and examines the cultural dynamics of the region to develop an ethnic dispute resolution strategy. It fills a crucial gap in ADR studies in India, as it highlights the opinion of legal professionals who are practising mediation. The findings of this study will assist policy-makers and legal practitioners in deciding whether mediation and conciliation should be incorporated into the legal system.
The deepening of technology into our lives has also increased the threat of perpetration of cybercrimes. The second article of the issue relates to conventional and modern cybercrimes dynamics and legal countermeasures in India, delves into the traditional and advanced forms of cybercrimes in India, analysing the various legal frameworks and case laws designed to address these threats. The study covers a broad range of cybercrimes, including cyber sovereignty, cyber terrorism, and privacy crimes, and discusses the role of intermediaries and the safe harbour principle in the digital age. A multi-pronged approach including research institutions, private companies and the government is required for putting checks in place to curb cybercrimes.
The recently convened G20 Summit was held in New Delhi with India as the host, providing an opportunity to the government to highlight the unique features and achievements of the Indian experiment with democracy. The paper on the future of democracy examines the core features and challenges of Indian democracy, aiming to strengthen its foundations for the future. The article discusses the evolution of democracy in India, its international context, and the thematic notion of democracy under ancient Indian philosophy. It highlights the importance of preserving the salient features of democracy and the jurisprudence of rights and duties. The study emphasises on a blend between ancient Indian philosophy and modern rights such as the right to internet and right to privacy, to truly move towards an inclusive India.
The next article of this issue on revitalising the farmer by recasting fairness in MSP policy amid farmers’ resistance, focuses on the plight of Indian farmers, who have been protesting against exploitation, unfairness, and discrimination. The paper discusses the Minimum Support Price (MSP) policy and its limitations, highlighting the need for a legally guaranteed MSP and exploring alternative support mechanisms. The study emphasises the importance of judicial activism in the farming sector to protect the rights of farmers. It is of particular interest as the farmers resistance has played a major role across multiple areas within political science and development studies, as seen in India with the 2020 farmers protest which had immense political effects.
With the almost saturated coverage of the internet across the world, information sharing and accessibility has become fast and easy. This has led to a debate: should legal information remain exclusive or be made freely accessible? Open-source legal databases do not charge consumers, but have no method of verifying the information provided. The paper on public domain and open access legal information resources in India aims to raise awareness about the availability of legal information resources in the public domain of India. The article discusses various open-access initiatives by government and non-government organisations, highlighting the importance of these resources for researchers and law librarians. The need for policy-makers is now to define criteria for maintaining accurate legal documents on public domain platforms.
Environmental concerns are now no longer confined to textbooks or projects, with real effects in rising temperatures and sudden climatic conditions being observed. Both the government and private companies are now calibrating to incorporate Sustainable Development Goals (SDGs) in their strategy. The article on multi-pronged strategies of environmental governance towards the achievement of sustainable development goals examines the governance aspects of sustainable development in India, focusing on the comparative approaches adopted by the government to promote environmental governance. The study highlights the importance of inclusive growth, biodiversity conservation, and forest conservation in achieving the Sustainable Development Goals. Government action towards sustainable development is necessary for compliance and cooperation by other stakeholders.
Has democracy been reduced to majoritarianism? Is Bentham’s Utilitarianism the only way to run a democracy? The note on a majoritarian decision in a democracy seeks to answer these questions. A critical comparative analysis is undertaken on whether majoritarian opinions and decisions are always right. The author critically evaluates the role of majoritarian opinions and decisions in the Indian political system. The article stresses the importance of recognising dissent and the need for a balance between the majority and minority views in the legislative process, which was also observed with the bolstered strength of the opposition in the recently concluded Lok Sabha elections.
A multi-religious and diverse society in India is a unique example of tolerance, which is ingrained both in the social fabric and also in the law. The call for a Uniform Civil Code (UCC) treads the line on this delicate subject: should the Constitution accord full freedom to all religions, or should there be a civil law to ratify religious processes? The note on structural and legal unification in pluralistic society – UCC as an impediment to gender equality analyses the Uniform Civil Code (UCC) in India, examining its potential to accelerate gender equality. The study highlights the need for a contextual inquiry into the genesis of UCC and its implications for gender justice. The author suggests that the UCC must also incorporate gender concerns and provide adequate rights to women. Analysing the Uniform Civil Code introduced by the State of Uttarakhand, the author focusses on gender justice through law. The importance of balancing social norms with the welfare objectives of the State is underlined.
Globalisation has been the driving buzzword for industry since the past quarter century. In pure economic terms, it increases competition, lowers prices, provides employment, and improves living standards in least developed and developing countries. However, a glaring effect of globalisation has been long ignored: human rights violations and abuses. The note on globalisation and internationalisation in the contemporary world: a human rights perspective takes a human rights perspective to analyse the impact of globalisation and internationalisation on various aspects of human existence. The study highlights the positive and negative implications of these processes for human rights. There is an urgent need for integrating human rights into globalisation and internationalisation processes, which would also improve social and living conditions.
These articles collectively demonstrate the breadth and depth of research in the fields of law, development, and politics. They engage with pressing issues in contemporary India, from the effectiveness of alternative dispute resolution methods to the challenges of environmental governance and the need for a comprehensive legal framework to combat cybercrimes. The articles also highlight the importance of preserving democracy, protecting the rights of farmers, and promoting gender equality. Breadth and depth are reflected in the selection of the research for this issue, through which the editors seek to arouse debate, discussion and analysis.
- EDITORS
April 2024
GJLDP
Darshan Pandya and Rhishikesh Dave
Abstract
The research aims to understand is mediation and conciliation are good options for solving disputes by taking the opinions of advocates in Gujarat, India. Another significant effect is created by using mediation and conciliation in Gujarat. Mediation, negotiation, and arbitration methods help parties come to a settlement of their disputes without judicial process, making it cost-effective and efficient and preserving relationships. Why the methodology is the key for the advocates in Gujarat based on the effectiveness of the techniques of dispute resolution is essential. It assists policy-makers, and legal practitioners decide whether mediation and conciliation should be welcomed into the system. Similarly, it will provide insights into the cultural dynamics of Gujarat, which can be used to develop an ethnic dispute resolution strategy for the region. This work is based on the interviews taken with 100 advocates of Gujarat, and the result will focus on how mediation and conciliation function and are applied in conflict resolution. Exploration of Alternative Dispute Resolution in the Indian Criminal Justice System (Goals) and Examination of what Gujarat-based advocates think of mediation and conciliation (What advocates in Gujarat think of mediation and conciliation) are the main objectives of this study. The study focuses on the impact of ADR methods in Gujarat within the existing legal framework; it examines the advocates’ views and stance on ADR approaches. Such discoveries provide considerable assistance for developing formal debate and progress in the legislation and point to other research areas for alternative dispute resolution.
Keywords: Alternative Dispute Resolution (ADR), Mediation, Conciliation, Criminal Laws.
Darshan Pandya is Research Scholar, Faculty of Law, Marwadi University, Rajkot, Gujarat, India.
Dr Rhishikesh Dave is Dean, Faculty of Law, Marwadi University, Rajkot, Gujarat, India, email: darshankumar.pandya109024@marwadiuniversity.ac.in.
Bibha Tripathi
Abstract
A paper on future of democracy is written with an avowed objective of strengthening the edifice of democracy in its instant and distant future respectively. The Indian democratic form of governance has nowadays attracted the world in general and the research organisations in particular to indulge into either to find out the flaws or to criticise it for the sake of critique only. Therefore, the paper not only throws light on the core features of democracy rather attempts to understand the challenges too so that Indian democracy may not be called either half or hybrid or authoritarian democracy rather it preserves all the salient features through which any democracy is built and protected thereby. The paper proceeds under following sub-themes; First part deals with identification of problem, second part deals with Literature review under the theme Mother of Democracy, third part deals with the types and forms of democracy fourth part deals with Democracy at the International level, fifth part deals with the thematic notion of Democracy under ancient Indian philosophy, sixth part deals with the future of Democracy and it’s components along with the jurisprudence of rights and duties and the last part ends the paper with the concluding remarks and observations.
Bibha Tripathi is Faculty of Law, Banaras Hindu University, Varanasi Uttar Pradesh, India, email: bibha.tripathi@ bhu.ac.in
Bibhabasu Misra
Abstract
The preferred Politico-Legal system, in our present world is Democracy. The Democracies are generally administered through written Constitution. These Political arrangements provide scope for legitimate Dissent. The Law also recognize Dissent, which are constructive in nature. It has been observed that, the Supreme Court of India, also recognise and declare a previous dissenting opinion into a Rule of Law. Generally, legislations are passed after a detailed debate in the Parliament. The Majoritarian Parliament cannot infringe entrenched provisions of the Constitution known as basic structure1 of the Indian Constitution.
Keywords:Democracy, Dissent, Substantial Question of Law, Constitutional Morality.
Dr Bibhabasu Misra is Associate Professor, Department of Law, ICFAI University, Tripura, India, email: bibhabasumisra@ gmail.com
Bandu B. Meshram and Manish Kumar Singh
Abstract
This article aims to explore the traditional crimes and advanced diverse spectrum of cyber intrusions in India and analyse the various statute and case law jurisprudence designed to address rich tapestry of standard and digital threats. It juxtaposes established crimes with cybercrime, elucidating the unique characteristics in the digital domain. The paper investigates broader issues of cybercrimes emphasising the criminal laws and cyber laws namely IPC, 1860, BNS, 2023, ITA 2000/2008 and specific concern Acts with illustrations and court cases, to safeguard national security in the digital age. The paper explores the clandestine world of cyber sovereignty, cyber terrorism, and cyber warfare and privacy crimes including data theft, identity theft, and wiretapping in the context of the digital era, legal dimensions of online harassment and intimidation cyber stalking faced by women, cyber pornography and explores measures to combat such offenses in India. Furthermore, it explores into next generation cybercrimes like Crypto jacking, AI-Powered Attacks, deep fake attacks, ransom ware 2.0, quantum computing threats, the dark web, meta-crime, cyber-attacks on IoT and the relevant criminal and cyber laws. It also examines the role of intermediaries and the safe harbour principle in the context of digital platforms. The paper examines the emerging statute jurisprudence of criminal and cyber laws, highlighting the evolution of legal principles in acknowledgment to the dynamic attributes of digital cyber-attacks. The researcher explores the established and cutting-edge cybercrimes incorporating suitable examples, statute jurisprudence for penal laws and cyber laws and case law jurisprudence. Lastly the paper discusses the conclusion and future research directions.
Keywords: conventional crimes, national security, next generation cybercrimes, statute jurisprudence, India
Bandu B. Meshram is Research Scholar, NIMS, School of Law, NIMS University Rajasthan, Jaipur (India) email: bbmeshram.jes@gmail.com
Manish Kumar Singh is Head of Law Department, NIMS, School of Law, NIMS University Rajasthan, Jaipur (India) email: manishsinghlaw@gmail.com
Yashaswani Parashar
ABSTRACT
UCC has been the subject of heated debate since independence, thoroughly discussed in the constituent assembly, and decided to be legislated through progressive political realisations. The foundation of the unification of personal laws lies in the idea of state and positive law forming above its multiple building blocks of pluralism and multiculturalism. The contextual inquiry of UCC to bring secularism and gender equality in Indian society by the unification of civil laws contrasts with legal pluralism. In the absence of contextual appropriateness, UCC tends to disturb the State-society interaction. The Constitution aims to balance the social norms with the welfare objective of the State to bring reformation on one hand and prevent regulation of the internal value system on the other hand. The need for a uniform Civil Code in the founding movement was the choice of founding members for national integration, modernity, and secularism. The issue of gender injustice in personal laws was not discussed or aimed by them through UCC. However, even if the state steps towards reformation through unification of personal laws it should be robust and exceptional. This paper aims to conduct a contextual inquiry into the genesis of UCC in India along with analysing the first specimen of UCC of Uttarakhand which raises many concerns about its potential to accelerate gender justice in the State.
RESEARCH AREA – Socio-Legal Development and Constitutional Law.
Keywords: UCC, Customs, Personal laws, Gender Equality, Contextual Inquiry, Legal Pluralism, Multiculturalism, Modern State, Colonisation
Yashaswani Parashar is Pursuing BA LLB (5th Year), UPES, Dehradun, India, email: yashaswani2715@gmail. com
Shiksha Sharma and Ayesha Hussain
Abstract
Farmers are the sustenance provider and backbone of the economy. The much revered and quoted slogan “JAI JAWAN JAI KISAN” symbolises that the farmers are one of the driving forces for embracing the predominantly agrarian economy to the pandemonium of prosperity and advancement. Unfortunately, with negligible market power and unreliable weather conditions, our farmers have been lone warriors protesting against the exploitation, unfairness and discrimination for the past few years. The problems relating to agriculture have been tried to be addressed by various farm laws, policies, reforms, and programmes, even rural development was a priority sector in the five-year planning but still, it failed to cater to the changing needs and circumstances. The MSP (Minimum Support Price) was set up by the government to aid the farmers but has failed to secure the farmers due to its hesitant and insufficient implementation, limited coverage, price distortion, etc. This paper discusses the requirements, feasibility and implications of a legally guaranteed MSP while also exploring possible alternatives as a means of support to the farmers, highlights the problems around the selective inclusion of crops under the present MSP model which tends to increase the regional disparities amongst farmers and how a dearth of judicial activism in the farming sector has further impaired the prerogatives and inflection of the farmers.
Keywords: farmers, agrarian economy, MSP, farm laws, priority sector, legally guaranteed MSP
Shiksha Sharma & Ayesha Hussain are 4th year law students (pursuing BA LLB (Hons.)), Surendranath Law College affiliated with the University of Calcutta, India, email: shikshaeye03@gmail.com/ ayeshahussain7124@ gmail.com
Binod Kumar Das and Suvrashree Panda
Abstract:
Environmental governance is a key component of Sustainable Development Goal (SDG). Based on this principle, this article draws attention to governance aspects of sustainable development at the national level. The governance of SDG contributes to the new knowledge formation in the countries’ political process. Based on the analysis of core principles of good governance extrapolated from recent academic works and observation of environmental practices in the planning process, this paper presents the appraisal on the governance principles of India. This paper is based on various environmental policy measures of the Government of India for the restoration of SDG. This submission is built upon secondary sources of information, governmental records and policies and programmes of the Government. This paper attempts to analyse the multi-pronged approaches adopted by the Government to promote environmental governance. Further, the study offers insights on governance measures and sustainable development. This study attempted to understand the confluence of various approaches on environmental governance and policy framework.
Keywords: Governance, Sustainable Development, Inclusive Growth, Biodiversity Conservation, Forest Conservation
Dr Binod Kumar Das is a Faculty of Political Science at GLS University, Ahmedabad, Gujarat, India, email: binod. das@glsuniversity.ac.in
Dr Suvrashree Panda is Faculty of Political Science at National Law University, Cuttack, Odisha, India
Avani K. Vyas and Nileshkumar M. Kantaria
Abstract
The aim of this paper is to make users aware of the contents and availability of legal information resources that are freely accessible in the public domain of India. A researcher highlights the concepts of public domain resources and the different types of open-access publishing features available to publish the information. Various platforms have been developed in India to provide access to free legal information. Various open-access initiatives for disseminating legal information taken by the government and nongovernment organisations in India are discussed. The websites of all government ministries are maintained by the “National Informatics Centre,” which offers regulations, laws, and previous legislation on the purposes of their operations. Some states have adopted e-governance, streamlining their state laws. This includes court rulings, legislative discussions, legislation, other committee and commission reports, and a full-text gazette of any statutes. Various legal information services freely available from different open-access platforms are also mentioned. Law Journals and scholarship platforms i.e. SSRN, are also discussed. Law librarians must spread awareness about public domain legal materials on their websites and various portals with specialised subject research guides to make the most of these resources. For users to trust the information they get via open-access legal databases, criteria for keeping accurate materials and legal documents on public domain platforms should also be defined by policymakers and government officials. Access to accurate legal information, judgments, case laws, and bare acts on public domain databases will increase their usage. It will not deprive anyone of getting information from commercial databases that do not have access.
Keywords: Free Access to Law Movement, Open Access Law Resources-India, Public Domain Legal Resources-India .
Avani K. Vyas is Research Scholar, Department of Library and Information Science, Saurashtra University, Rajkot, Gujarat (India), email: avanivyas1425@gmail.com
Nileshkumar M. Kantaria is Librarian and PhD Supervisor, M.M. Shah College of Education, Surendranagar (Wadhwan) — Gujarat (India)
Ayush Rastogi and Jainendra Kumar Sharma
Abstract
Globalisation and internationalisation are dynamic forces shaping the contemporary world, with profound implications for various aspects of human existence. The process of globalisation has facilitated the interconnectivity and interdependence of nations, economies, and cultures across the globe. It has brought about the flow of goods, services, information, and ideas, transcending geographical boundaries and creating a global village. In this context, internationalisation has emerged as a strategic response by nations and organisations to engage with this interconnected world. It involves the expansion of international networks, collaborations, and interactions across multiple domains, including politics, economics, technology, and culture. The authors further take a human rights perspective to analyse the impact of globalisation and internationalisation. Human rights are universal, inherent entitlements that every individual possesses by virtue of their humanity. They encompass civil, political, economic, social, and cultural rights, and serve as a moral and legal framework for the protection and promotion of human dignity and wellbeing. Globalisation and internationalisation have both positive and negative implications for human rights. On the positive side, globalisation and internationalisation have facilitated the dissemination of human rights norms and standards, creating a global consensus on fundamental rights. They have provided opportunities for cross-cultural dialogue, fostering understanding and tolerance among diverse communities. Economic globalisation has led to the expansion of trade, investment, and employment opportunities, contributing to poverty alleviation and the realisation of economic rights. However, globalisation and internationalisation have also posed challenges to human rights. The pursuit of economic growth and competitiveness often prioritises profit over people, leading to labour exploitation, inequality, and environmental degradation. Global supply chains have been marred by human rights abuses, including forced labour and child labour.“Moreover, the concentration of economic power in the hands of multinational corporations and global financial institutions has undermined national sovereignty and the ability of states to protect and fulfil human rights. In response to these challenges, there has been a growing recognition of the need to integrate human rights into globalisation and internationalisation processes. States, international organisations, and civil society actors have advocated for the development and implementation of human rights-based policies, regulations, and mechanisms to strengthen corporate social responsibility, promote fair trade, and address human rights violations in global supply chains. The integration of human rights into globalisation and internationalisation processes, ensuring that they promote justice, equality, and dignity for all. The potential benefits and challenges of globalisation and internationalisation from a human rights perspective, highlighting the importance of protecting and promoting human rights within this evolving global context. By analysing various case studies and theoretical frameworks, this research article aims to provide a comprehensive understanding of the complex relationship between globalisation, internationalisation, and human rights.”
Keywords: Contemporary World, Globalisation, Human Rights, Internationalisation, Legal Framework
Ayush Rastogi is Assistant Professor of Law, SRM University, Sonepat, Haryana, email: rastogiayush050@ gmail.com
Jainendra Kumar Sharma is Doctoral Scholar (PhD) at Faculty of Law, University of Delhi, New Delhi, email: kr.jainendrasharma@gmail.com
