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Shubhang, S.
- National Green Tribunal Act, 2010: A Critical Appraisal
Authors
1 Hidayatullah National Law University, Raipur (C.G), IN
Source
Research Journal of Humanities and Social Sciences, Vol 4, No 1 (2013), Pagination: 101-105Abstract
The species, Homo sapiens (human beings) appeared late in the Earth's history. Nevertheless, they were able to modify the Earth's environment as a result of their activities. The early human beings lived in harmony with the environment. It was only when the human population started increasing and technology improved and expanded that the various kinds of population related to the environment arose. In the developing country like India increasing need for food and firewood has resulted in deforestation and cultivation of steep slopes, causing severe erosion. The ozone layer that shields us from the sun's harmful ultraviolet rays is being damaged by the increasing use of industrial chemicals called the chlorofluorocarbons (CFCs) that are extensively used in refrigerators, air conditioning, cleaning solvents, packing materials and aerosol sprays. The more people there are in an urban area, the more the cities tend to sprawl and thus, there is an increase in the use of vehicles. Vehicle exhausts release a mixture of chemicals including carbon monoxide, sulphur dioxide, nitrogen oxides and hydrocarbons that adversely affects the environment. The Central Pollution Control Board (CPCB) of the Government of India maintains records of atmospheric pollution levels in many cities around the country. These data show that in many cities, air pollution reaches unacceptable levels on several days of the year. The World Health Organization has classified Delhi as one of the ten most polluted cities in the world. Largely the industrial, agricultural and domestic activities are responsible for deteriorating the environmental quality. Thus, proper enforcement of regulatory measures is required for deteriorating the environmental quality.References
- http://www.cseindia.org/node/2900
- http://earth911.com/news/2010/10/21/india-sets-up-greentribunal- to-try-environmental-crimes/
- http://www.downtoearth.org.in/content/national-green-tribunalstays- thermal-power-plant-gujarat
- http://www.downtoearth.org.in/content/green-tribunal-suspendsenvironment- clearance-scania-sponge-iron-plant-raigarh
- http://inece.org/conference/9/papers/Bakshi_India_Final.pdf
- http://inece.org/conference/9/papers/Bakshi_India_Final.pdf
- The Act, in Section 1(2), stipulates that it shall come into force on such date as the Central Government by notification in official Gazette appoint. The Central Government has not yet issued any notification in this regard.
- Article 21 reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- The Environment Tribunal under this Act has not been established.
- Jairam Ramesh, Union Minister of State for Environment and Forests told Rajya Sabha that the tribunals principal bench will beat Bhopal, Times of India, May 6, 2010.
- See Section 29 of National Green Tribunal Act.
- See Section 19 (1) of National Green Tribunal Act
- It is a generic term for any tradable certificate or permit representing the right to emit one tone of carbon dioxide or the mass of another greenhouse gas with a carbon dioxide equivalent to one tone of carbon dioxide
- Is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment
- Is a pattern of growth in which resource use aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come
- See section 16 of National Green Tribunal Act.
- See section 15(1) of National Green Tribunal Act 2010.
- Article 21of the Indian Constitution
- Rural Litig. & Entitlement Kendra v. State of Uttar Pradesh, A.I.R. 1985 S.C. 652
- 1985(1) S.C.A.L.E. 408.
- Propounded in the case of Ryland v. Fletcher (1868) LR 3 HL 330
- A.I.R. 1987 S.C. 965
- M.C. Mehta v. Union of India, A.I.R. 1987 S.C. 965
- Andhra Pradesh Pollution Control Bd. v. M.V. Nayudu (1999) 2 S.C.C.
- Law Commission of India, 186th Report on Proposal to Constitute Environment Courts 142 (2003), http://lawcommissionofindia.nic.in/reports/186th%20report.pdf.
- Section 18(3), National Green Tribunal, 2010
- Section 26(1), National Green Tribunal, 2010
- Section 27, National Green Tribunal Act
- Nivit Kumar Yadav National Green Tribunal A new beginning for environmental cases Centre for Science and Environment.htm
- Dr Abraham P Meachinkara, Advocate, High Court, Kerala.
- Law and Scheduled Tribes
Authors
1 Hidayatullah National Law University, Raipur (C.G.), IN
Source
Research Journal of Humanities and Social Sciences, Vol 3, No 4 (2012), Pagination: 519-523Abstract
India's population includes nearly one hundred million tribal people. These numbers are matched only by the remarkable diversity of India's tribes. The two main regions of tribal settlement are the country's northeastern states bordering China and Burma, and the highlands and plains of its central and Southern regions. The latter is home to more than 80 per cent of the tribes, which differ from the northeastern tribes in ethnicity and in having experienced greater intrusion of the Indian mainstream and of the pan-Indian model of the state, society, economy and culture. There are also differences in the extent to which the tribes interact with non-tribal communities. While the northeastern tribes are usually isolated communities, the tribes in peninsular India may at times coexist with non-tribal people. Despite some regional variation, the tribes share many traits, including living in relative geographical isolation, and being relatively more homogeneous and more self-contained than the non-tribal social groups. Consequently, several tensions (both perceptible and obscure) pervade relations between tribals and non-tribals, on the one hand, and the tribes and the State, on the other. The conventional, and largely accepted, solution is to balance the dichotomy between assimilation of tribal peoples and their independent identity, and delineate the contours of a national policy that would allow them to preserve their way of life without compromising development. Although relatively simple to capture as a concept, India has struggled to maintain the balance in practice. The most common problems relate to recognizing that the tribes have a right to autonomy and not merely decentralized administration; that they have a right to seek justice within their own traditional or customary laws; and that they have a right to own and exploit the natural resources in their habitat. These issues are addressed in the Constitution of India (Constitution) and through tribal-people-specific statutes, but there are considerable differences in the way the northeastern and peninsular tribes are treated in the Indian legal system. Law related to Scheduled Caste and Scheduled Tribes are-Prevention of Atrocities Act, 1989 and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. These two acts are introduced in Indian constitution for the betterment of the tribal population in India.- International Law Relating to Nationality
Authors
1 Hidayatullah National Law University, Raipur, C.G, IN
Source
Research Journal of Humanities and Social Sciences, Vol 4, No 4 (2013), Pagination: 538-542Abstract
Nationality is the legal relationship between an individual human and a state. Nationality normally confers some protection of the individual by the state, and some obligations on the individual towards the state. What these rights and duties are vary from country to country. It differs technically and legally from citizenship, although in most modern countries all nationals are citizens of the state and all citizens are nationals of the state. Nationality affords the state jurisdiction over the person and affords the person the protection of the state. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. The term national can include both citizens and noncitizens. By custom, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law- for example, by treaties on statelessness and the European Convention on Nationality.- Tax Evasion in India
Authors
1 Hidayatullah National Law University, Raipur, C.G, IN
Source
Research Journal of Humanities and Social Sciences, Vol 4, No 4 (2013), Pagination: 465-469Abstract
Individuals have the freedom to self assess income and pay taxes. That doesn't mean if you do not declare a particular stream of income to evade taxes, you will go scot free. Tax evasion is an illegal activity which entails not filing income tax returns altogether or misrepresenting the tax payable amount. It is different from tax avoidance, which is a legal activity because tax laws are used to reduce the tax amount payable. Tax returns are scrutinized only if income tax authorities feel that there is tax evasion. If they conclude that you have deliberately concealed income to reduce tax liability, you will be penalized. Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability, and includes, in particular, dishonest tax reporting (such as declaring less income, profits or gains than actually earned; or overstating deductions).- Human Rights Under Police
Authors
1 Hidayatullah National Law University, Raipur (C.G)., IN
Source
Research Journal of Humanities and Social Sciences, Vol 3, No 1 (2012), Pagination: 65-67Abstract
People cannot take the law into their own hands. The rationale behind this reasoning is that the state is present to protect its citizens and to create an environment for realization of human rights. The primary institution on which the state relies for the maintenance of law and order is the police. In order to achieve this objective, the police are empowered to use limited coercive power thereby creating conditions for realization of human rights.- Problems for National Integration
Authors
1 Hidayatullah National Law University, Raipur, IN
Source
Research Journal of Humanities and Social Sciences, Vol 3, No 3 (2012), Pagination: 363-365Abstract
National integration is the awareness of a common identity amongst the citizens of a country. It means that though we belong to different castes, religions and regions and speak different languages we recognize the fact that we are all one. This kind of integration is very important in the building of a strong and prosperous nation.
Unity in our country does not mean the kind of oneness that comes from racial and cultural similarity. It is unity in spite of great differences, in other words, unity in diversity. An important historical event in which this unity was displayed was the freedom movement when all the Indians united against the British rule. Tolerance is the key factor of all religion, which is the essence of India
A nation is said to be born when a group of people living in a particular territory develop a political form with a sense of unity and determine their political future. The people of India decide their political fortune through elections. The concept of nation arises when national consciousness emerges among individuals. Nation state is a political association. It has certain features.
• Definite boundary
• Membership
• Set of rules
• Citizenship
Nation includes people, territory and government.
Nation as a community. Each nation has its own boundary and set of rules. Therefore, a nation can be treated as a community. Nation constitutes the largest community among all the groups of man.
- Perspectives and Methodology of Dhurjati Prasad Mukerji
Authors
1 Hidayatullah National Law University, Raipur, IN