Search results for: supreme court of India

Authors: Ashok Kumar Lonavath, V. Sathish Kumar

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Urban sprawl is the uncontrolled and uncoordinated outgrowth of towns and cities. The process of urban sprawl can be described by change in pattern over time, like proportional increase in built-up surface to population leading to rapid urban spatial expansion. Significant economic and livelihood opportunities in the urban areas results in lack of basic amenities due to the unplanned growth The patterns, processes, dynamic causes and consequences of sprawl can be explored and designed with the help of spatial planning support system. In India context the urban area is defined as the population more than 5000, density more than 400 persons per sq. km and 75% of the population is involved in non-agricultural occupations. India’s urban population is increasing at the rate of 2.35% pa. The class I town’s population of India according to 2011 census is 18.8% that accounts for 60.4% of total unban population. Similarly in Erstwhile Andhra Pradesh it is 22.9% which accounts for 68.8% of total urban population. Suryapet town has historical recognition as ‘Gate Way of Telangana’ in the Indian State of Andhra Pradesh. The Municipality was constituted in 1952 as Grade-III, later upgraded into Grade-II in 1984 and to Grade-I in 1998. The area is 35 Sq.kms. Three major tanks located in three different directions and Musi River is flowing from a distance of 8 kms. The average ground water table is about 50m below ground. It is a fast growing town with a population of 1, 06,805 and 25,448 households. Density is 3051pp sq km, It is a Class I city as per population census. It secured the ISO 14001-2004 certificate for establishing and maintaining an environment-friendly system for solid waste disposal. It is the first municipality in the country to receive such a certificate. It won HUDCO award under environment management, award of appreciation and cash from Ministry of Housing and Poverty Elevation from Government of India and undivided Andhra Pradesh under UN Human Settlement Programme, Greentech Excellance award, Supreme Courts appreciation for solid waste management. Foreign delegates from different countries and also from various other states of India visited Suryapet municipality for study tour and training programs as part of their official visit Suryapet is located at 17°5’ North Latitude and 79°37’ East Longitude. The average elevation is 266m, annual mean temperature is 36°C and average rainfall is 821.0 mm. The people of this town are engaged in Commercial and agriculture activities hence the town has become a centre for marketing and stocking agricultural produce. It is also educational centre in this region. The present paper on urban sprawl is a theoretical framework to analyze the interaction of planning and governance on the extent of outgrowth and level of services. The GIS techniques, SOI Toposheet, satellite imageries and image analysis techniques are extensively used to explore the sprawl and measure the urban land-use. This paper concludes outlining the challenges in addressing urban sprawl while ensuring adequate level of services that planning and governance have to ensure towards achieving sustainable urbanization.

Keywords: remote sensing, GIS, urban sprawl, urbanization

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Authors: Prakash Prajapati

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E commerce is certainly one of the business alternatives that individual will have to analyze in the forthcoming years. E-commerce is said to bring about arched type conversion in the world for exchange market. Prognosis E-commerce is presenting dreadful business advancement in our country. Endorsed by ascending online user base & mobile phone presentation, Indian e-commerce has been splendid development in the last few years. Conceding India’s analytical dividend and spiraling internet admittance, the sector is contracted to scale higher heights. Although, India’s overall peddle opportunity is consequential, the sector is beset with some deliberate challenges. The current study has been proceeded to explore the present scenario, status & future advancement of e-commerce in India and review the challenges and opportunities of e-commerce in India.

Keywords: online selling, retail selling online, product process, business opportunity

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Authors: Mukesh Ravi Raushan

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Despite consideration of obesity as a deadly public health issue contributing 2.6 million deaths worldwide every year developing country like India is facing malnutrition and it is more common than in Sub-Saharan Africa. About one in every three malnourished children in the world lives in India. The paper assess the nutritional health among children using data from total number of 43737 infant and young children aged 0-59 months (µ = 29.54; SD = 17.21) of the selected households by National Family Health Survey, 2005-06. The wasting was measured by a Z-score of standardized weight-for-height according to the WHO child growth standards. The impact of education with place of residence was found to be significantly associated with the complementary food diversity score (CFDS) in India. The education of mother was positively associated with the CFDS but the degree of performance was lower in rural India than their counterpart from urban. The result of binary logistic regression on wasting with WHO seven types of recommended food for children in India suggest that child who consumed the milk product food (OR: 0.87, p<0.0001) were less likely to be malnourished than their counterparts who did not consume, whereas, in case of other food items as the child who consumed food product of seed (OR: 0.75, p<0.0001) were less likely to be malnourished than those who did not. The nutritional status among children were negatively associated with the protein containing complementary food given the child as those child who received pulse in last 24 hour were less likely to be wasted (OR: 0.87, p<0.00001) as compared to the reference categories. The frequency to feed the indexed child increases by 10 per cent the expected change in child health outcome in terms of wasting decreases by 2 per cent in India when place of residence, education, religion, and birth order were controlled. The index gets improved as the risk for malnutrition among children in India decreases.

Keywords: CFDS, food diversity index, India, logistic regression

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Authors: Kiran P. Chadayamuri, Saransh Bagdi, Sai Vinod Boddu

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Pollution has been a major problem that has haunted India for years. Large amounts of industrial, automobile and domestic waste have resulted in heavy contamination of air, land and water. The Taj Mahal, one of the Seven Wonders of the World, has been and continues to be India’s symbol of a rich history around the globe. Over the years, the beauty of Taj Mahal has also suffered from increasing pollution. Its shiny white exterior has started to turn yellow because of air pollution and acid rain. Illegal factories and uncontrolled construction have played a major role in worsening its condition. Rapid population growth in the city (Agra) meant more water requirement which has led to ground water deterioration under the historical monument making its wooden foundations dry and weak. Despite various measures by the state and central government, there hasn’t been any satisfactory result. This paper aims at studying the various causes and their impacts affecting the Taj Mahal and method that could slow down its deterioration.

Keywords: pollution, Taj Mahal, India, management

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Authors: M. van der Bank, C. M. van der Bank

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Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: alternative dispute, environmental disputes, non-judicial, resolution and settlement

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Authors: Srividya Sheshadri, Christopher Coley, Roa. R. Bhavani

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India currently accounts for 60 percent of the open defecation that is practiced globally. While research in the domain of sanitation development makes it apparent that girls and women living in rural India are disproportionately affected, interventions to address this dilemma are lacking. An important but relatively unexplored connection with poor sanitation is that women living in rural India are not only the largest marginalized group without access to adequate sanitation facilities, they also represent a majority of India’s unskilled workers. By training women to build their own toilets, through an approach that has demonstrated success in empowering marginalized communities through technical and vocational education and training (TVET), a collaborative dynamic emerges that can engage entire communities in the movement towards total sanitation. Designed and implemented by Amrita University, this technology-enhanced, community-based approach to skill development, known as Amrita computerized Vocational Education and Training (or Amrita cVET), has begun to show promise in addressing the struggle to end open defecation, and raise sanitation awareness, as well as strengthen personal and community development among women living in rural India. While Amrita cVET project, known as Women Empowerment: Sanitation, is currently in implementation in seven states throughout India, this paper will discuss early stages of the intervention in rural villages within the Indian states of: Karnataka and Goa, where previous sanitation efforts have failed to take hold.

Keywords: community based development, empowerment studies, sanitation in India, computerized vocational training

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Authors: P. M. Naushad Ali

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India’s strength in basic research is recognized internationally. Science and Technology research in India has been performed by six distinct bodies or organizations such as Cooperative Research Associations, Autonomous Research Council, Institute under Ministries, Industrial R&D Establishment, Universities, Private Institutions. All most all these institutions are having a well-established library/information center to cater the information needs of their users like scientists and technologists. Information Management (IM) comprises disciplines concerned with the study and the effective and efficient management of information and resources, products and services as well as the understanding of the involved technologies and the people engaged in this activity. It is also observed that the libraries and information centers in India are also using modern technologies for the management of various activities and services to serve their users in a better way. Science and Technology libraries in the country are usually better equipped because the investment in Science and Technology in the country are much larger than those in other fields. Thus, most of the Science and Technology libraries are equipped with modern IT-based tools for handling and management of library services. In spite of these facts Science and Technology libraries are having all the characteristics of a model organization where computer application is found most successful, however, the adoption of this IT based management tool is not uniform in these libraries. The present study will help to know about the level use of IT-based management tools for the information management of Science and Technology libraries in India. The questionnaire, interview, observation and document review techniques have been used in data collection. Finally, the author discusses findings of the study and put forward some suggestions to improve the quality of Science and Technology institute library services in India.

Keywords: information management, science and technology libraries, India, IT-based tools

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Authors: Rathna Malhotra Gaur

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Owing to multiplicity and competition in the Indian food industry, it was always important for the government of India to bring in reforms that would protect the interest of the consumer and also the food operator. To further this objective, Food Safety, and Standards Act, 2006 (hereinafter referred to as FSSAI) was enacted for laying down science-based standards for articles and food and to regulate their storage, distribution, manufacture, same and import and to ensure safe food availability to the citizens of India. One of the safeguards towards consumer interest is the enactment of Food Safety and Standards (Licensing and Registration of Food Businesses, Regulation, 2011 within the mandate of FSSAI. It is mandatory for every food operator in India to get the registration certificate and procurement of food Licenses before starting operations in the country. All the nuances pertaining to the procurement of licenses are dealt with under these regulations. These regulations also lay down detailed provisions with regard to the conditions that the operator has to adhere to once the License is procured, going to the integrities of the safety and hygiene standards to be maintained by the food operators. This paper is an exhaustive effort to examine the provisions of obtaining the registration and License in India and the conditions that need to be fulfilled subsequently and further on the validity and renewal of these Food Licenses.

Keywords: food laws, food licenses, food registration, penalty

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Authors: Riddhi Chopra

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While China’s friendship with a number of countries has waxed and waned over the decades, Sino-Pak relationship is said to have withstood the vicissitudes of larger international politics as well as changes in regional and domestic currents. Pakistan, one of the first countries to recognize the People’s Republic of China, thus providing China with a corridor into the energy rich Muslim states which was reciprocated with a continual stream of no-strings-attached military hardware and defense-related assistance from Beijing. The joint enmity towards India also provided the initial thrust to a burgeoning Sino-Pak friendship. This paper intends to provide a profound analysis of the strategic relation between China-Pakistan and examine India as a determining factor. The Pakistan-China strategic relationship has been conventionally viewed by India as a zero sum game, wherein any gains accrued by Pakistan or China through their partnership is seen as a direct detriment to the evolution of India-Pakistan or India-China relation. The paper evaluates various factors which were crucial for the synthesis of such a strong relation and presents a comprehensive study of the various policies and programs that have been undertaken by the two countries to tie India to South Asia and reduce its sphere of influence. The geographic dynamics is said to breed a natural coalition, dominating the strategic ambitions of both Beijing and Islamabad hence directing their relationship. In addition to the obvious geopolitical factors, there are several dense collaborations between the two nations knitting a relatively close partnership. Moreover, an attempt has been made to assess the irritants in China-Pak relations and the initiatives taken by the two to further strengthen it. Current trends in diplomatic, economic and defense cooperation – along with the staunch affinity rooted in history and consistent geo-strategic interests – points to a strong and strengthening relationship, significant in directing India’s foreign and security policies. This paper seeks to analyze the changing power dynamics of the China-Pak nexus with external actors such as US and India with an ulterior motive of their own and predict the change in power dynamics between the four countries.

Keywords: China, Pakistan, India, strategy

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Authors: Ritvik Chauhan, Vijay Kumar Baraik

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Women are most vulnerable to crime despite occupying central position in shaping a society as the first teacher of children. In India too, having equal rights and constitutional safeguards, the incidences of crime against them are large and grave. In this context of crime against women, especially rape has been increasing over time. This paper explores the spatial and temporal aspects of crime against women in India with special reference to rape. It also examines the crime against women with its spatial, socio-economic and demographic associates using related data obtained from the National Crime Records Bureau India, Indian Census and other government sources of the Government of India. The simple statistical, choropleth mapping and other cartographic representation methods have been used to see the crime rates, spatio-temporal patterns of crime, and association of crime with its correlates.  The major findings are visible spatial variations across the country and are also in the rising trends in terms of incidence and rates over the reference period. The study also indicates that the geographical associations are somewhat observed. However, selected indicators of socio-economic factors seem to have no significant bearing on crime against women at this level.

Keywords: crime against women, crime mapping, trend analysis, society

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Authors: Aditya Manna

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Introduction: As in any developing countries state of West Bengal in India has a huge burden of cancer patients in advanced stage coming from rural area where awareness regarding the usefulness of palliative care in rather poor. Objective: Our goal is to give a pain free good quality of life in these advanced stage cancer patients. Objective of this study is to identify the main difficulties in achieving the above goal in a rural village setting in India. Method: Advanced cancer patients in need of palliative care in various villages in of rural India were selected for this study. Their symptoms and managements in that rural surroundings were evaluated by an NGO (under the guidance of a senior palliative care specialist) working in that area. An attempt was made to identify the main obstacles in getting proper palliative care in a rural setting. Results: Pain, fatigue are the main symptoms effecting these patients. In most patients pain and other symptoms control were grossly inadequate due to lack of properly trained manpower in the rural India. However regular homecare visits by a group of social workers were of immense help in the last few months of life. NGO team was well guided by a palliative care specialist. Conclusion: There is a wide gap of trained manpower in this filled in rural areas of India. Dedicated groups from rural area itself need encouragement and proper training, so that difficult symptoms can be managed locally along with necessary social and psychological support to these patients.

Keywords: palliative care, NGO, rural India, home care

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Authors: Sunita Patel

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Cardiovascular diseases are the leading cause of morbidity as well as mortality in India. Objective of this study is to examine CVDs prevalence and identify their behavioral and cultural risk factors with the help of SAGE-2007 data conducted on 6th states in India. Findings reveal that 18.3% of people diagnosed with CVDs in India. Higher disease occurs in an increasing rate between ages of 30-39 having OR 2.45 (CI: 1.66-3.63) and 70+ age OR 7.45 (CI: 4.82-11.49) times higher compare to 18-29 age group respectively. Wealth quintile higher CVD occurs as 3rd in 60% (CI: 1.16-2.21) and in richest 5th quintile 58% (CI: 1.13-2.21) contrast to lowest quintile. Relative risk depicted that 22.4% in moderate and 44% in vigorous activity have less chance of diseases compare to who performed no work and those who consumed alcohol. Results reveal that policy prospect should be recommended and that it would be beneficial for awareness of people and their future.

Keywords: behavioral risk, cultural risk, cardio-vascular diseases, wealth quintile

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Authors: A. V. Shashkova

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The aim of the present article is to analyze the position of the Constitutional Court of the Russian Federation on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The methodological ground of the present Article represents the dialectic scientific method of the socio-political, legal and organizational processes with the principles of development, integrity, and consistency, etc. The consistency analysis method is used while researching the object of the analysis. Some public-private research methods are also used: the formally-logical method or the comparative legal method, are used to compare the understanding of the ‘secrecy’ concept. The aim of the present article is to find the root of the problem and to give recommendations for the solution of the problem. The result of the present research is the author’s conclusion on the necessity of the political will to improve Russian legislation with the aim of compliance with the provisions of the Constitution. It is also necessary to establish a clear balance between the constitutional rights of the individual and the limit of these rights when carrying out various control activities by public authorities. Attempts by the banks to "overdo" an anti-money laundering law under threat of severe sanctions by the regulators actually led to failures in the execution of normal economic activity. Therefore, individuals face huge problems with payments on the basis of clearing, in addition to problems with cash withdrawals. The Bank of Russia sets requirements for banks to execute Federal Law No. 115-FZ too high. It is high place to attract political will here. As well, recent changes in Russian legislation, e.g. allowing banks to refuse opening of accounts unilaterally, simplified banking activities in the country. The article focuses on different theoretical approaches towards the concept of “secrecy”. The author gives an overview of the practices of Spain, Switzerland and the United States of America on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The Constitutional Court of the Russian Federation basing on the Constitution of the Russian Federation has its special understanding of the issue, which should be supported by further legislative development in the Russian Federation.

Keywords: constitutional court, restriction of constitutional rights, bank secrecy, control measures, money laundering, financial control, banking information

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Authors: Marta Fernandez Cabrera

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The period of economic boom generated by the housing bubble created a climate of social indifference to the problem of corruption. This resulted in the persecution and conviction for these criminal offenses being low. After the economic recession, social awareness about the problem of corruption has increased. This has led to the Spanish citizenship requiring the public authorities to try to end the problem in the most effective way possible. In order to respond to the continuous social demands that require an exemplary punishment, the legislator has made changes in crimes against the public administration in the Spanish Criminal Code. However, from the point of view of criminal law, the social change has not served to modify only the law, but also the jurisprudence. After the recession, judges are punishing more severely these conducts than in the past. Before the crisis, it was usual for criminal judges to divert relevant behavior to other areas of the legal system such as administrative law and acquit in the criminal field. Criminal judges have considered that administrative law already has mechanisms that can effectively deal with this type of behavior in order to respect the principle of subsidiarity or ultima ratio. It has also been usual for criminal judges to acquit civil servants due to the absence of requirements unrelated to the applicable offense. For example, they have required an economic damage to the public administration when the offense in the criminal code does not require it. Nevertheless, for some years, these arguments have either partially disappeared or considerably transformed. Since 2010, a jurisprudential stream has been consolidated that aims to provide a more severe response to corruption than it had received until now. This change of opinion, together with greater prosecution of these behaviors by judges and prosecutors, has led to a significant increase in the number of individuals convicted of corruption crimes. This paper has two objectives. The first one is to show that even though judges apply the law impartially, they are flexible to social changes. The second one is to identify the erroneous arguments the courts have used up until now. To carry out the present paper, it has been done a detailed analysis of the judgments of the supreme court before and after the year 2010. Therefore, the jurisprudential analysis is complemented with the statistical data on corruption available.

Keywords: corruption, public administration, social perception, ultima ratio principle

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Authors: Yongjun Kim

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Since the agreement on the historicity of historical Buddha in eastern India, the beginning, heyday and decline of Buddhism in Early India have been discussed in urbanization, commercialism and state formation context, in short, Weberian socio-politico frame. Recent Scholarship, notably in archaeology and anthropology, has proposed ‘re-materialization of Buddhism in Early India’ based on what Buddhist had actually done rather than what they should do according to canonical teachings or philosophies. But its historical narrations still remain with a domain of socio-politico meta-narrative which tends to unjustifiably dismiss the naturally existing heterogeneity and often chaotic dynamic of diverse agencies, landscape perceptions, localized traditions, etc. An author will argue the multiplicity of theoretical standpoints for the reconstruction on the Buddhism in Early India. For this, at first, the diverse agencies, localized traditions, landscape patterns of Buddhist communities and monasteries in Trans-Himalayan regions; focusing Zanskar Valley and Spiti Valley in India will be illustrated based on an author’s field work. And then an author will discuss this anthropological landscape analysis is better appropriated with textual and archaeological evidences on the tension between urban monastic and forest Buddhism, the phenomena of sacred landscape, cemetery, garden, natural cave along with socio-economic landscape, the demographic heterogeneity in Early India. Finally, it will be attempted to compare between anthropological landscape of present Trans-Himalayan and archaeological one of ancient Western India. The study of Buddhism in Early India has hardly been discussed through multivalent theoretical archaeology and anthropology of religion, thus traditional and recent scholarship have produced historical meta-narrative though heterogeneous among them. The multidisciplinary approaches of textual critics, archaeology and anthropology will surely help to deconstruct the grand and all-encompassing historical description on Buddhism in Early India and then to reconstruct the localized, behavioral and multivalent narratives. This paper expects to highlight the importance of lesser-studied Buddhist archaeological sites and the dynamic views on religious landscape in Early India with a help of critical anthropology of religion.

Keywords: analogy by living traditions, Buddhism in Early India, landscape analysis, meta-narrative

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Authors: Ramu Rawat

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Background: This paper is an effort to analyze the role of education and occupation as critical determinants in using smokeless tobacco among male adults in India and its selected states. Methodology: Global Adult Tobacco Survey (GATS) India 2009-10 data have been used for this study. Bivariate and Multivariate (Cox proportion hazards model) analyses are carried out to measure the impact of education and occupation on use of smokeless tobacco among male adults in India. Results and Conclusion: The study evidently suggests that, majority of Indian male adults are using Khaini and Gutkha (local names for smokeless tobacco). The analysis also shows that education and occupation are two important critical predictors of use of smokeless tobacco. The males at younger age with no or little education from rural area use smokeless tobacco more than their counterpart group from urban areas. This distinction can be attributable to their lack of knowledge or ignorance about the consequences of tobacco consumption. Place of residence played significant role for declining use of smokeless tobacco along with the effect of society. Society awareness about harmful effects of smokeless tobacco with local level government may play important role for controlling the use of any type of tobacco or tobacco products in India.

Keywords: smokeless tobacco, male, Khaini, education, occupation

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Authors: Shivani Gupta, Shrishti Chaturvedi

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By using a miniscule of nuclear matter, the problem of immeasurable human needs for energy can be resolved. However since nuclear energy also has the inherent potential for catastrophic destruction, one should be extremely mindful of the consequences should a mischance occur. Civil Nuclear Liability has recently gained a lot of momentum after India entered into agreements with nations like United States of America, France and others. Also now India is a part of the Convention on Supplementary Compensation (CSC). With a history of Bhopal Gas Tragedy, India is now much more vigilant about the latest developments in this sector. Therefore, it has become imperative to analyses the liability regime in the background of international conventions such as Vienna Convention 1963, Paris Convention 1960, Convention on Supplementary Compensation, 1997 and others. Also the present Indian legal scenarios in this regard which are derived from Civil Liability for Nuclear Damages Act, 2010 and Civil Liability for Nuclear Damages Rules, 2011 have also been extensively discussed in the paper.

Keywords: nuclear liability, civil liability for nuclear damages act, 2010, civil liability for nuclear damages rules, India

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Authors: Shreyas Jayasimha, Suneel Anand Sundharesan, Rohan Tigadi

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In the recent past, the United States of America and Russia were the only two dominant players in the field of space exploration and had a virtual monopoly in the field of space and technology. However, this has changed over the past few years. Many other nation states such as India, China, and the UK have made significant progress in this field. Amongst these nations, the growth and development of the Indian space program have been nothing short of a miracle. Starting recently, India has successfully launched a series of satellites including its much acclaimed Mangalyaan mission, which placed a satellite in Mars’ orbit. The fact that India was able to attain this feat in its attempt demonstrates the enormous growth potential and promise that the Indian space program holds for the coming years. However, unlike other space-faring nations, India does not have a comprehensive and consolidated space insurance policy. In this regard, it is pertinent to note that, the costs and risks involved in a administering a space program are enormous. Therefore, in the absence of a comprehensive space insurance policy, any losses from an unsuccessful will have to be borne by the state exchequer. Thus, in order to ensure that Indian space program continues on its upward trajectory, the Indian establishment should seriously consider formulating a comprehensive insurance policy. This paper intends to analyze the international best practices followed by other space-faring nations in relation to space insurance policy. Thereafter, the authors seek to examine the current regime in India relating to space insurance policy. Finally, the authors will conclude by providing a series of recommendations regarding the essential elements that should be part of any Indian space insurance policy regime.

Keywords: India, space insurance policy, space law, Indian space research organization

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Authors: Aditaya Narayan Mishra

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Unequal distribution of environmental resources as a possible cause of conflict has been the topic of substantial research, and these connections have ruled the post-Cold War attention in the discourse of environmental security. In this category, considerable concentration has been given to water resources, on account of their important standing for human existence. Thus, water is considered to be one of the most important non-conventional security issues. As per this consideration, the case of India-Bangladesh is one of the most critical examples of disputes over transboundary water sharing. The concern regarding sharing of trans-boundary rivers has been the main focus of Bangladesh and India‘s relationship for the last forty-five years. Both countries share fifty-four rivers, most of which have originated in the Himalayan range. The main causes for problems in the sharing of the waters of trans-boundary rivers between India and Bangladesh include the: Farakka Barrage, Teesta river sharing issue, River linking project and Tipaimukh Dam. The construction of Farakka barrage across the Ganga River was the beginning of water dispute. Attempts at unilateral exploitation of the trans-boundary water resources led to inter-state conflicts that spilled over into other areas of bilateral disputes between India and Bangladesh. Apart from Farakka, Barrage, the disputes over Teesta River sharing, River linking project and Tipaimukh Dam are also vital contents for the both countries bilateral diplomacy. Till date, India and Bangladesh have signed five treaties regarding water sharing. However, all these treaties have been rendered worthless due to mistrust and political upheaval in both countries. The current paper would address all these water sharing disputes between India and Bangladesh with focus on the various policy responses (both bilateral and multilateral initiatives) to deal with these water sharing disputes. It will try to analyze the previous agreements and their drawbacks and loopholes. In addition, it will mention the reasons for water sharing cooperation between India and Bangladesh.

Keywords: India and Bangladesh relations, water disputes, Teesta, river linking project, Tipaimukh Dam, Farakka, policy responses

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Authors: Hans Tjio, Wee Meng Seng

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The interaction of contract and property has always been a concern in corporate and commercial law, where there are internal structures created that may not match the externally perceived image generated by the labels attached to those structures. We will focus, in particular, on the priority structures created by affirmative asset partitioning, which have increasingly come under challenge by those attempting to negotiate around them. The most prominent has been the AT1 bonds issued by Credit Suisse which were wiped out before its equity when the troubled bank was acquired by UBS. However, this should not have come as a surprise to those whose “bonds” had similarly been “redeemed” upon the occurrence of certain reference events in countries like Singapore, Hong Kong and Taiwan during their Minibond crisis linked to US sub-prime defaults. These were derivatives classified as debentures and sold as such. At the same time, we are again witnessing “liabilities” seemingly ranking higher up the balance sheet ladder, finding themselves lowered in events of default. We will examine the mechanisms holders of perpetual securities or preference shares have tried to use to protect themselves. This is happening against a backdrop that sees a rise in the strength of private credit and inter-creditor conflicts. The restructuring regime of the hybrid scheme in Singapore now, while adopting the absolute priority rule in Chapter 11 as the quid pro quo for creditor cramdown, does not apply to shareholders and so exempts them from cramdown. Complicating the picture further, shareholders are not exempted from cramdown in the Dutch scheme, but it adopts a relative priority rule. At the same time, the important UK Supreme Court decision in BTI 2014 LLC v Sequana [2022] UKSC 25 has held that directors’ duties to take account of creditor interests are activated only when a company is almost insolvent. All this has been complicated by digital assets created by businesses. Investors are quite happy to have them classified as property (like a thing) when it comes to their transferability, but then when the issuer defaults to have them seen as a claim on the business (as a choice in action), that puts them at the level of a creditor. But these hidden interests will not show themselves on an issuer’s balance sheet until it is too late to be considered and yet if accepted, may also prevent any meaningful restructuring.

Keywords: asset partitioning, creditor priority, restructuring, BTI v Sequana, digital assets

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Authors: Tugce Arslan

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For a communicative act to be carried out successfully, the speaker and the listener must consider certain principles in line with the intention–centered “Cooperative Principle” expressed by H. P. Grice. Violation of a communication principle causes the listener to make new inferences called “implicatures”. In this study, focusing on the linguistic use of H. P. Grice’s principles, we aim to find out which principles of conversation are generally followed in case files from different fields and which principles are frequently violated. Three case files were examined, and the violating and the abiding cases of the maxims were classified in terms of four categories (Quality, Quantity, Relevance and Manner). The results of this investigation is reported below (V: Violating, A: Abiding): Quality Quantity Relevance Manner V A V A V A V A Case 1 10 8 5 9 3 15 16 6 Case 2 4 5 11 6 2 11 7 14 Case 3 21 13 7 12 9 14 15 9 Total 35 26 23 27 14 40 38 29 The excerpts were selected from files covering three different areas: the Assize Court, the Family Court and the Commercial Court of First Instance. In this way, the relations between the types of violations and the types of courts are examined. Our main finding is that in the 1st and the 3rd file, as the cases of violation in “Quality” and “Manner” increase, the cases of violation in “Quantity” and “Relevance” decrease. In the second file, on the other hand, as the cases of violation in “Quantity” increase, the cases of violation in “Quality”, “Relevance” and “Manner” decrease. In the talk, we shall compare these results with the results obtained in the study of Tajabadi, Dowlatabadi, and Mehric (2014), which examined various case files in Iran. Our main finding is that in the study conducted in Iran, violations were found only on the principles of “Quantity” and “Relevance”, while violations were found on the principles of “Quality”, “Quantity” and “Manner” in this study. In this case, it shows us that there is a connection between at least two maxims. In both cases, it has been noticed that the “Quantity” maxim is a common denominator. Studies in this field can be enlightening for many areas such as discourse analysis, legal studies, etc. Accordingly, comments will be made about the nature of the violations mentioned in H. P. Grice’s “Cooperation Principle”. We shall also discuss various conversational practices that cannot be analysed with these maxims.

Keywords: comparative analysis, cooperation principle, forensic linguistics, pragmatic.

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Authors: Yesoda Bhargava

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This work is an ongoing research on understanding the existence or the non-existence of infrastructure for fitness for physically challenged people in India. Through the extensive field visits, interviews with differently abled people and observation of the schools for differently abled children, there have been some common observations in the realm of paucity of appropriate machinery, exercise physiologists and infrastructure catering to the fitness needs of physically challenged people in India both for adults and children. Amidst the more tangibly seen health issues, this crucial change which can better the life of physically challenged people is not given the due consideration at the national scale. The results of this study can be used to influence the policy making and program making related to inclusive health in India. Health and fitness are inextricably linked to each other, and one cannot be served at the cost of other. One of the other objectives of this paper is to create a traction for the importance of exercise promotion for the physically challenged people.

Keywords: fitness, health, inclusive health, exercise physiologists

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Authors: Sabrina Tabassum

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Using Census Data for Housing and Population of Australia 2001, 2006, 2011, and 2016, this paper shows the existence of wage differences between natives and immigrants in Australia. Addressing the heterogeneous nature of immigrants, this study group the immigrants in three broad categories- migrants from English speaking countries and migrants from India and China. Migrants from English speaking countries and India earn more than the natives per week, whereas migrants from China earn far less than the natives per week. Oaxaca decomposition suggests that major part of this differential is unexplained. Using the occupational segregation concept and Brown decomposition, this study indicates that migrants from India and China would have been earned more than the natives if they had the same occupation distribution as natives due to their individual characteristics. Within occupation, wage differences are more prominent than inter-occupation wage differences for immigrants from China and India.

Keywords: Australia, labour, migration, wage

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Authors: Muhammad Iqbal Rachman, Mohammad Faisol Soleh

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The Law No. 26 Year 2000 about Indonesia’s Human Right Court became a new legal enforcement frame of human right law in Indonesia. The new spirit based on some international propulsion in order to enforce human right which basic right of everyone that appearance since in fetus. This matters indicated how crucial the arrangement of human right law, considering the role of state on human right enforcement in this context which became main pillar or instrument to accommodate citizen interest. Basically, the adopting of Law No. 26 Year 2000 came from the womb of concept international crimes regulation based on Rome Statute which became the international law instrument in order to legal enforce of international crimes. But in the other side, the enactment Rome Statute concept in Indonesia has facing with political and academics interest which resulted unaccommodating every type of international crimes in Law No. 26 Year 2000. The analyzing of political and academics background became the fundamental point to find out the solutions based on the regulation of Rome Statute concept matters in Indonesia.

Keywords: academic consideration, human right, political consideration, rome statute, unregulated concept

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Authors: Renuka H. Deshmukh, Snehal Nifadkar, Anil P. Dongre

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The research study aims to analyze the financial performance of the companies associated with CDM projects implemented in India from 2001 to 2014 by calculating net profit with and without CDM revenue. Further the study also highlights the Year-wise and sector-wise lending to CDM projects in India as well as in the state of Maharashtra. The study further aims to examine the year-wise trend of Certified Emission Reductions (CER) issued by the CDM projects implemented in Maharashtra from 2001-2014. The study as well analyses the responses of selected corporate with respect to the challenges in implementing and obtaining finance from commercial banks.

Keywords: adaptation costs, internal rate of return, mitigation, vulnerability, CER

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Authors: Ain ul Khair

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In this study, the author situates the formation of the Kashmiri body as colonized in the postcolonial society, on which India continues to execute and maintain colonial practices adopted and replicated from the Western colonial projects. This paper explores the formation of a Kashmiri body as a site of complete dehumanization, which has deliberately been politicized based on its religion, racialized because of its ethnic distinction, and consequently has been subjected to extreme forms of violence. This paper specifically looks at the creation of the Kashmiri colonized body through India’s colonial practices that are in continuity from the Western imperialist colonial projects through the historicization of the careful manufacturing of the Kashmiri colonial body through the lens of the political, legal, geographical, and demographic landscape of India’s colonial project. The paper looks at the framing of the colonial legal framework that informs the construction of the colonized Kashmiri body, drawing violence and religion at the center of it.

Keywords: historicization, colonial body, kashmir, india, pakistan, south asia, religion, political identity, politics, Mahmood Mamdani, Ann Stoler, Fanon

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Authors: Milind Bharambe, Chander Shekhar

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India is a vast country with its 1.21 billion population at the dawn of new decade, which accounts for one sixth of the global human capital in the world today. It is well known that health expenditure in India is dominated by private spending. This is an unfortunate consequence of India’s development because of large positive externality associated with health spending, which make health a merit good. This paper has used data from NSSO and Indian Government’s spending on health as reported by Ministry of Health and Family Welfare. Understanding of the dynamism of age-structure of the population would greatly optimize the expenditure on health care services. A country with good public health indicators is bound to possess good human capital which is an asset to the economic growth and indicator of development status of country. The paper tries to present the linkages between the health expenditure incurred by different states at various levels of demographic transition levels and the efficiency in utilization of health expenditure. It also looks into the way in which allocative efficiency health services can be improved. Paper tries to explore the per capita spending on health and how the demographic transition taking place in different states of India affect the required quantity and quality of health services.

Keywords: age structure, demographic transition, health expenditure, morbidity

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Authors: Benjamin Newman

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The picture of an adverse contest between two parties has often been used as an archetypal description of the Anglo-American adversarial criminal trial. However, in actuality, guilty pleas and plea-bargains have been dominating the procedure for over the last half-a-century. Characterised by two adverse parties, the court adjudicative system in the Anglo-American world adhere to the adversarial procedure, and while further features have been attributed and the values that are embedded within the procedure vary, it is a system that we have no adequate theory. Damaska had argued that the adversarial conflict-resolution mode of administration of justice stems from a liberal laissez-faire concept of a value neutral liberal state. Having said that, the court’s neutrality has been additionally rationalised in light of its liberal end as a safeguard from the state’s coercive force. Both conceptions of the court’s neutrality conflict in cases where the by-standing role disposes of its liberal duty in safeguarding the individual. Such is noticeable in plea bargains, where the defendant has the liberty to plead guilty, despite concerns over wrongful convictions and deprivation of liberty. It is an inner liberal tension within the notion of criminal adversarialism, between the laissez-faire mode which grants autonomy to the parties and the safeguarding liberal end of the trial. Langbein had asserted that the adversarial system is a criminal procedure for which we have no adequate theory, and it is by reference to political and moral theories that the research aims to articulate a normative account. The paper contemplates on the above liberal-tension, and by reference to Duff’s ‘calling-to-account’ theory, argues that autonomy is of inherent value to the criminal process, being considered a constitutive element in the process of being called to account. While the aspiration is that the defendant’s guilty plea should be genuine, the guilty-plea decision must be voluntary if it is to be considered a performative act of accountability. Thus, by valuing procedural autonomy as a necessary element within the criminal adjudicative process, it assimilates a liberal procedure, whilst maintaining the liberal end by holding the defendant to account.

Keywords: liberal theory, adversarial criminal procedure, criminal law theory, liberal perfectionism, political liberalism

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Authors: Soham Chakraborty

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This article examines the development of start-up culture in India, its development as well as related impact on the Indian society. Another vibrant synonym of start-up in the present century can be starting afresh. Startups have become the new flavor of this decade. A startup ecosystem is formed by mainly the new generation in the making. A startup ecosystem involves a variety of elements without which a startup can never prosper, they are—ideas, inventions, innovations as well as authentic research in the field into which one is interested, mentors, advisors, funding bodies, service provider organizations, angel, venture and so on. The culture of startup is quiet nascent but rampant in India. This is largely due to the widespread of media as a medium through which the newfangled entrepreneurs can spread their word of mouth far and wide. Different kinds of media such as Television, Radio, Internet, Print media and so on, act as the weapon to any startup company in India. The article explores how there is a sudden shift in the growing Indian economy due to the rise of startup ecosystem. There are various reasons, which are the result of the growing success of startup in India, firstly, entrepreneurs are building up startup ideas on the basis of various international startup but giving them a pinch of Indian flavor; secondly, business models are framed based on the current problems that people face in the modern century; thirdly, balance between social and technological entrepreneurs and lastly, quality of mentorship. The Government of India boasts startup as a flagship initiative. Bunch full of benefits and assistance was declared in an event named as 'Start Up India, Stand Up India' on 16th January 2016 by the current Prime Minister of India Mr. Narendra Modi. One of the biggest boon that increasing startups are creating in the society is the proliferation of self-employment. Noted Startups which are thriving in India are like OYO, Where’s The Food (WTF), TVF Pitchers, Flipkart and so on are examples of India is getting covered up by various innovative startups. The deep impact can be felt by each Indian after a few years as various governmental and non-governmental policies and agendas are helping in the sprawling up of startups and have mushroom growth in India. The impact of startup uprising in India is also possible due to increasing globalization which is leading to the eradication of national borders, thereby creating the environment to enlarge one’s business model. To conclude, this article points out on the correlation between rising startup in Indian market and its increasing developmental benefits for the people at large. Internationally, various business portals are tagging India to be the world’s fastest growing startup ecosystem.

Keywords: business, ecosystem, entrepreneurs, media, globalization, startup

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Authors: Chimey Lhamo, Ngawang Tsering

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Traditional Tibetan medicine, known as Sowa Rigpa (Science of healing), originated more than 2500 years ago with an insightful background, and it has been growing significant attention in many Asian countries like China, India, Bhutan, and Nepal. Particularly, the Indian government has targeted Traditional Tibetan medicine as its major Indian medical system, including Ayurveda. Although Traditional Tibetan medicine has been growing interest and has a long history, it is not easily recognized worldwide because it exists only in the Tibetan language and it is neither accessible nor understood by patent examiners at the international patent office, data about Traditional Tibetan medicine is not yet broadly exist in the Internet. There has also been the exploitation of traditional Tibetan medicine increasing. The Traditional Knowledge Digital Library is a database aiming to prevent the patenting and misappropriation of India’s traditional medicine knowledge by using India’s Traditional knowledge Digital Library on Sowa Rigpa in order to prevent its exploitation at international patent with the help of information technology tools and an innovative classification systems-traditional knowledge resource classification (TKRC). As of date, more than 3000 Sowa Rigpa formulations have been transcribed into a Traditional Knowledge Digital Library database. In this paper, we are presenting India's Traditional Knowledge Digital Library for Traditional Tibetan medicine, and this database system helps to preserve and prevent the exploitation of Sowa Rigpa. Gradually it will be approved and accepted globally.

Keywords: traditional Tibetan medicine, India's traditional knowledge digital library, traditional knowledge resources classification, international patent classification

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