Bimal N. Patel
Infuriated with all the coalition dharma (drama) of UPA – I and UPA – II, exasperated by the scams that thundered the news headlines, disheartened by a promising AAP’s misadventures, the people of India have after a long time, given a clear verdict for a stable and a strong government, devoid of coalition politics, for the next five years. One could sense the change was in the air but one could not assess its magnitude. The slogan of “Acche Din Ayenge”, for the people, and “Less Government and More Governance”, for the corporate, has finally worked for BJP, with a charismatic leader Mr. Narendra Modi leading from the front.
The swearing in ceremony saw some new political initiative with Pakistan PM attending it with cordial exchange of gifts and the Sri Lankan President being invited amid the huge opposition from the allies and the opposition parties from Tamil Nadu. A new chapter in the foreign policy has also been opened up.
The new cabinet of Mr. Narendra Modi seems to be experienced young and talented committed to a transparent and to provide good governance. Many initiatives have been taken by the new government keeping in mind the promises spelt out in their electoral manifesto. The new government has issued directives for allowing an increased FDI in the defense, media, mutli-brand retail and interestingly extending even to the railways. The “Inspector Raj” is coming to an end with the new self regulatory mechanism put in place for complying labour laws and tax laws.
Other than political issues, many other issues have also made to the headlines, the never ending tragedies of rape victims and riot victims continues. Recently the nation was also shook to another gang rape and murder of Dalit girls in Badaun district of UP. The apathy of the state machineries and the sexist remarks of the politicians continue to bring down the morals of the society to a new low.
At the international fora some intense development could be seen, firstly, the Crimea Crisis wherein the Russian speaking region of Ukraine voted to secede from Ukraine and join the Russia Federation provoking the Ukraine, the West and the the US escalating the tension reminding us of the Cold War era. Secondly, Iraq is torn between an unstable government and civil war with Sunni dominated ISIS militants taking control of the major cities and the oil fields once again proving the misadventures of the US in installing democracies. Thirdly, fresh violence broke out the Gaza strip between Israel and Hamas causing civilian causalities diming the chances for a peaceful settlement of disputes between the two countries. Fourthly, Syria was able to defeat the US backed rebels in a long drawn bloody battle taking control of all the lost regions. And, lastly, unprecedented kidnapping of the girls in Nigeria caught the attention and ire of the world community with the world leaders keen on helping the Nigerian government to bring back the girls and to take stringent measure against the Boko Haram. The unabated violence all over the world reminds us that there is more that needs to be done to make this world a better place to live.
The current issue, like all its previous issues, of GJLDP gives to its readers a wide range of contemporary issues that are well researched, critically analyzed and succinctly articulated by the authors. The current issue carries six articles and one book review.
The article titled “A New World: Criminal Law Amendment Act 2013 - Will It Ensure Safety to Woman in India?” by Sakshi Tewari critically evaluates the recent amendment that took place in the criminal law concerning rape and other offences relating to woman and identifies the lacunas in the said amendment and proposes suggestion concerning the same.
The article “Discrimination Against Women At Workplace in India: A Legal Perspective” by Archana Sarma discusses the issue of discrimination at work place. With rapid industrialization, economic development and modernization employment of women has increased manifold. However, they face severe forms of discrimination in the workplace, which, in no way, diminishes the extent of abuses that they experience as not being economically independent. The article critically analyzes various factors leading to while emphasizing on two of the various forms of discrimination, i.e. sexual harassment at workplace and discrimination on the basis of wage, and the legal framework to address these issues in an effective manner.
The article titled “An Analysis of Applying Sustainable Development Concept to the Legal Issue of Space Debris” by Deva Prasad M. discusses the problems and issues faced by the international space law framework especially space debris issue, lack of equity in allocation of the space orbital space, lack of effective regulation regarding the natural resources exploration in outer space and the emerging legal questions regarding space travel and space habitation. The author suggests that the concept of sustainable development would be highly beneficial as the normative strength of the present space law framework could be improved to tackle the space debris issue and also the underlying principles of sustainable development while strengthening the regulatory framework.
The article titled ‘Strengthening International Legal Framework on Explosive Remnants of War (ERW): An Analytical Overview of the Relevant Sources’ by Yashasvi Nain and Shashank Manish analyse the persisting problem of the ERW caused due to unexploded ordnance and abandoned exploded ordnance. The article studies the legal framework of the problem and identifies those sources of international law that are relevant to ERW and identifies customary humanitarian laws, treaty obligations and obligations as under general public international law practice that can be directly or indirectly applied to ERW.
The article titled “Energy Security of India: Growing Nuclear Energy Sector” by Ramanand N. Garge provides a comparative analysis of Nuclear power generation and its growing need in contemporary period of development. It also discusses the inclusion of India into the global nuclear energy order which made India to do necessary structural and procedural modifications in its nuclear regulatory framework by bringing their in conformity with international norms and practices. The recent Fukushima episode or Chernobyl incidence revealed to the world the dangers involved in using the atom to generate electricity and its impact of safety measures.
The present Volume 4, Issue 2 of GJLDP focuses on one major concern that is the rights of women at a time when women are facing problems in various spheres of life. The issue also deals with the issue of energy security an area which the present government is keen to pursue. While the other articles deal with reservation and international law issues we hope that this issue provides the readers a broader area of issues of research and relevance.
Sakshi Tewari
Abstract
The changing social and cultural changes as seen in our society have led to a massive deterioration from almost a revered position for women in our society to one of abuse, fear and insecurity in the present times. Statistics are an irrefutable piece of evidence to show that enforcement of these laws is next to nil in relative. This is not to allege that our legislative instruments are incapable of protecting the dignity, security and modesty of women in our country. A plethora of laws have been enacted and bought into force to protect the rights and security of women. But is this enough? In this article while discussing the various amendments that have been enacted, the author will try to analyse whether the said amendments and laws would have an effect of making the country a safer place for women.
Archana Sarma
Abstract
With rapid industrialization, economic development and modernization in varied spheres of economic activities, the employment of women has increased manifold in the recent times. In today’s world, the importance of economic independence for women cannot be denied. In fact, women’s economic independence and security is necessary for the elimination of physical, sexual, mental, emotional and financial abuse that women come across in their relationships. But once women become a part of the workforce, they face severe forms of discrimination in the workplace, which, in no way, diminishes the extent of abuses that they experience as not being economically independent. It is not only their right to work that is violated, but also the very human dignity is lost. A glance at the social and economic position of women at the end of the twentieth century reveals a striking persistence of disadvantage. Wide pay disparities persist and women remain segregated in low paying jobs. They are denied healthy and safe working conditions, fixed working hours, prohibition in hazardous employments as well as maternity benefits. In India, most of the work that women do, such as collecting fuel, fodder and water, or growing vegetables, goes unrecorded in the Census counts. The paper critically analyzes various factors leading to discrimination against women and their consequences. It lays emphasis on two of the various forms of discrimination against women i.e. sexual harassment at workplace and discrimination on the basis of wage, and the legal framework to address these issues in an effective manner.
Deva Prasad M
Abstract
Though the international space law has gained this prominence as a branch of international law, there are many legal issues that are troubling the existing legal framework of space law. The main problems and issues faced by the international space law framework inter alia include: a) space debris issue, b) lack of equity in allocation of the space orbital space, c) lack of effective regulation regarding the natural resources exploration in outer space and d) the emerging legal questions regarding space travel and space habitation. These legal issues arises from the fact that the technological advance has reached a stage where the international space law framework fails to grapple with the huge forward leaps of technology. These issues also affect the peaceful and beneficial use of space exploration for mankind.
Yashasvi Nain and Shashank Manish
Abstract
The present Article titled ‘Strengthening International Legal Framework on Explosive Remnants of War: An Analytical Overview of the Relevant Sources’ is an analysis of the persisting problem of ERW caused due to unexploded ordnance and abandoned exploded ordnance. The article tends to study the legal framework surrounding the problem and identify those sources of international law that are applicable to ERW so as to ensure a strict legal regime that does not let the responsible stake holders go unnoticed and give a way to efficient restoration of order as per the jus post bellum norms. In course of the discussion, the study identifies customary humanitarian laws, treaty obligations and obligations as under general public international law practice that can be directly or indirectly applied to ERW.
Ramanand N Garge
Abstract
Over the past few years, the World has been rocked by the series of events across national and International domain about Nation’s Energy Security. Traditionally, energy was considered as the only hydrocarbons but now it also encompasses non conventional energy resources as well. It is observed that the global energy relations are undergoing a change and in the changing energy scenario, the developed countries slowly reducing its dependence on energy and striving towards energy independence. When we talk of India, a country with impressive growth rate and booming economy, its sustainable growth rate is highly dependent upon the India’s energy Security. This paper undertakes a comparative analysis of Nuclear power generation and its growing need in contemporary period of development. Though atomic energy today generates less than 3% of India’s electricity needs, the country has impressive plan for the future. The nation had embarked on the development of nuclear power generation infrastructure and this process however was not smooth. It had to overcome enormous difficulties to reach the present state. This paper will also discuss the inclusion of India into the global nuclear energy order which made India to do necessary structural and procedural modifications in its nuclear regulatory framework by bringing them in conformity with international norms and practices. The recent Fukushima episode or Chernobyl incidence revealed to the world the dangers involved in using the atomic power to generate electricity. These accidents had even led many countries to either withdraw the plans for construction of new reactors or decommission the operating reactors. However, the Nuclear power sector is making a strong comeback even in countries like Germany which had planned the closure of existing plants.
