GLS Law Journal

Gender Equality Aiming Women Empowerment: Judges Made Law A Lighthouse

2024-08-28T04:47:08+00:00

The Indian society has been traditionally patriarchal in its character, dominated by male-sponsored socio-cultural-political affairs and activities. The women who are otherwise integral part of family, community and society, have stood sidelined for their individual and participatory rights. The advancement of time has not ensured progress of class of women to avail them the equal place in the societal structures. The ideal of gender equality, which a democratic society empowered by Constitutional values would always cherish, has eluded in country’s collective walk.

The women individually and as a class wield high degree of strength, efficiency and intellectual power. It is a poignant observation by the Apex Court, ‘…self sacrifice and self denial are their nobility and fortitude and yet they have been subjected all inequities, indignities, inequality and discrimination’, in Madhu Kishwar v. State of Bihar[1].

[1] (1996) 5 SCC 125.

Rights of Women: National and International Perspective

2024-09-01T06:59:40+00:00

The paper explores India's complex relationship with women's rights, highlighting the significant role women play in society and the various contributions they make. Despite being half of the world's population, women still face discrimination, violence, and gender prejudice. The article discusses the development of women's rights over time, focusing on issues like healthcare, equality, employment, and political engagement. It highlights the legal and constitutional framework, as well as global accords, that support gender equality and defend women's rights. The article also discusses the Indian Constitution's clauses and laws regarding harassment at work, maternity benefits, and discrimination. The article concludes by acknowledging the improvements in women's rights but also emphasizes the ongoing challenges they face, particularly in terms of safety and security. Lastly, this article provides a thorough examination of women's rights in India, including both the legal system and the difficulties women face in everyday life.

Legal Recognition of LGBTQIA+: a Tussle between Popular Morality and Constitutional Morality

2024-08-28T04:47:08+00:00

The Apex Judicature of the nation has held the prism of human rights high ever since 2009, but the fight for social acceptance seems never-ending. The question is whether society is understanding or accepting “them” to be one of them? The rights of the non-conformists are being referred to as ‘an urban elite trend’, and their distress calls are blatantly ignored by society and even the government. The repeated recognition of their rights by the Supreme Court is hurdling a cultural revolution that society is not ready to stand. This lesser treatment to the LGBTQIA++ necessitates society and not just the protector of unpopular citizens to walk a full mile.
Right to live with dignity is a recognised fundamental right to every citizen of this nation, which guarantees enjoyment of more than the bare minimum of life. The progressive journey of Supreme Court raises a storm betwixt popular morality and constitutional morality. One hopes that the Supriyo @ Supriya Chakraborty case, questioning the established narrative of only man and woman’s association as a family unit, becomes instrumental to illuminate as to what many numbers of legislation are inclusive of the new age, if not a precursor to legislative amendments. The primary focus of the authors is to interpret the present Indian legislations to understand the support it furthers to the LGBTQIA++ community along with analysing the stance of other jurisdictions on the same. The paper advances to reveal the impact of their intersecting identities on the pre-existing lack of legal recognition and social stigma of the community notwithstanding the rights accorded by the courts. Finally, the authors make non-illusory recommendation to the deplorable discrimination, extreme abhorrence and non-inclusivity by focusing on constitutional idealism.

Determining the Status and Treatment of “GIG-Workers” under the Industrial Disputes Act, 1947

2024-08-28T04:47:08+00:00

The gig economy, characterized by short-term contracts, freelance work, and on-demand tasks, has witnessed rapid growth in recent years, reshaping the way people work and earn a living. India is the fifth-largest country in terms of gig-workers. Gig workers offer a cost-effective solution, often working on a project basis, reducing continuous payroll expenses. Moreover, the gig economy facilitates market expansion and job opportunities, making it accessible to students, retirees, stay-at-home parents, and those seeking additional income. They may thus have a different type of job, but their significance is equal to that of a regular employee. Although this new work paradigm gives workers flexibility and possibilities, it also raises serious questions regarding the rights and protections afforded to gig workers.

Due to the nature of the work, they are perceived as “second class workers” and denied social security benefits that come with formalised employment. Unfortunately, the law is yet to catch up with this fast-paced economy. Existing Indian labour laws fail to recognise Gig workers under its organised labour legislation i.e., the Industrial Disputes Act, 1947. They are clubbed with unorganised labourers and are thus deprived of all the benefits given to a traditional employee; all benefits that are rightfully due to them. Gig workers are now an essential component of the contemporary economy, adding to its flexibility and dynamism. Governments, corporations, and society as a whole must address the difficulties that gig workers encounter and provide a framework that protects their rights and well-being while allowing them to benefit from their invaluable contributions as the economy grows. The former half of this paper highlights the social issues around their employment and legislative lacunae in their recognition. The latter half comparatively analyses the international position to propose additional tests to be adopted in India. Lastly, it explains the challenges that could be faced in bringing a change to the current system and the way forward from there.

Breaking Rocks, Breaking Laws: India's Battle Against Illegal Stone Mining

2024-08-28T04:47:08+00:00

Illegal stone mining in India is a pervasive problem with significant environmental, social, and economic consequences. India's diverse geological structure makes it rich in mineral resources, and it is the world's second-largest producer of minerals. However, the extraction of these resources is regulated by laws and regulations, making illegal mining prohibited. Illegal stone mining involves the extraction of stones and other materials without the necessary permits and licenses, often with the complicity of local officials and politicians. This activity causes severe environmental damage, including soil degradation, deforestation, and erosion, leading to biodiversity loss and threatening the livelihoods of local communities. Additionally, it exploits vulnerable groups, such as low-wage workers and marginalized communities, who are subjected to hazardous working conditions and denied fair wages and adequate working conditions. Child labor is prevalent, depriving children of their right to education and healthy childhood. Moreover, illegal stone mining is linked to an increase in crime and violence, with organized criminal groups controlling the industry through intimidation and violence. This leads to the displacement of local communities and the formation of conflict zones, undermining social cohesion. The economic and political ramifications are substantial, resulting in the loss of billions of dollars in government revenue and contributing to the financing of illegal activities, posing a threat to national security. While the government has acknowledged the issue and taken steps to address it, the problem persists and requires a collaborative effort from the government, civil society, and other stakeholders. Enforcing existing laws and regulations and developing sustainable mining strategies that balance economic growth with environmental protection and social justice are crucial. By effectively addressing illegal stone mining, India can safeguard its environmental resources, promote social equity, and ensure a prosperous future for its people.

Does The Contemporary Environmental Legislation Necessitates Ecocide as A Core Crime?

2024-08-28T04:47:08+00:00

Industrial and economic growth have always been a fundamental focus of nations all around, for which exploitation of natural environment to a reasonable extent is corollary. However in recent times this exploitation of the natural environment at times of peace to amass the most wealth and during conflict to achieve excessive military advantage, has reached to a state of such gravity as to be of significant concern to humankind. The national courts aren’t able to effectively tackle the issue of these environmental crimes. The recent proposal to adopt ‘Ecocide’ as a core crime under International Criminal Court has been earnestly discussed among policy makers. This paper in Part A, gives an overview of environmental crimes with a few examples and discusses various reasons for the failure of national legislation to tackle such issues. In Part B, it delves into the history of environmental crimes under international law and discusses lacunae in the contemporary environmental regime. In Part C, the paper goes through the proposal of the independent expert panel, followed by Part D discussing the various challenges to adoption of the said proposal. Lastly the author concludes in favor of adoption of the Ecocide Law.

To See or Forsee: Environment Regulation or Economic Interest

2024-08-28T04:47:08+00:00

We are living in an Anthropocene era where there is a rising conflict between nature and humankind. With the advent of globalization, the world has become one trading platform where manufacturing deployment trade-off is adopted at the expense of the environment with an objective of profit maximization. However, this conflict can be traced back to the 18^th century popularly known as the industrial era. In the Initial stage (1900-1950), there were not many conventions or declarations dealing with environment protection, except for few, one such is a treaty signed between US and Great Britain in 1911 to curb ecological crisis in North Pacific Fur Seal population. Later at the formative stage (1951-1972) many authors highlighted the plight of environment in their books like “Silent Spring”. Further, the Stockholm Declaration of 1972 introduced the right to healthy environment, precautionary principle, and principle of no harm. This revolutionary step drew the attention of the world leaders towards the development of environmental jurisprudence resulting in futuristic developments like Kyoto Protocol, Rio+20 and Paris Agreement with the aim to mitigate and adapt to the changing climate. However, there is no specific convention or declaration dealing with the international trade and environment law, which draws our attention to identify the foremost issue of how trade and environment are corelated, what are the key mechanisms dealing with the said conflict and lastly how sustainable entrepreneurship can be one of the contributory factors to resolve the issue of climate change with the help of trade.

An Evaluation of the Vehicular Pollution Law in India

2024-08-28T04:47:08+00:00

Due to its detrimental effects on human health, urban air pollution is a serious global concern. Since vehicular emissions make up the majority of the pollution in cities, many nations have implemented various measures to reduce vehicular emissions. Around the world, including in India, vehicle inspection and maintenance (I/M) programmes have been crucial in reducing and managing vehicular emissions. One of the key elements of I/M programme that India has implemented is the certification of the pollution of in-use cars. The number of automobiles on the road is expected to rise as the economy grows. It must be viewed as an unavoidable evil. However, this cannot be regarded as a normal part of life because the issue of vehicle pollution seriously degrades the quality of the air and ultimately puts human lives in grave danger. The government's many initiatives as well as the judiciary's admirable efforts are mentioned in the paper. Changes that are necessary to better manage the threat of vehicle pollution have been considered.

Critical Analysis of Human Trafficking in India

2024-08-28T04:47:08+00:00

Human trafficking is menace of trading being carried upon human beings which violates their human rights. In today’s modern era there are many people who are stuck as slaves and are generating huge amount of money for their traffickers. Human trafficking undermines the security of every person in a state because it is an organized crime and corrupted. Human trafficking is modern day slavery that involves victims who are coerced, defrauded or forced into sexual or labor exploitation. The victims are being exploited in various forms due to the major factors like poverty, religious/traditional prostitution, lack of employment opportunities, child marriage ,sex tourism and other challenges that directly leads to human trafficking. On this note, this research paper deals with the various issues and challenges which are revolving around the human trafficking. It talks about the process, extent and forms of human trafficking in India. The paper will also guide out the existing legal framework in India against the offence of human trafficking as well as various landmark cases and the steps taken by the government for its prevention and control. The study will be concluded with a critical analysis and the suggestive measures and control mechanism that should be implemented so as to strengthen the existing laws and statutes in order to curb the peril of human trafficking in the country.