Editorial

Abstract

Prof. Arvind Jasrotia, Department of Law, University of Jammu, and Ms. Preetinder Pal Sodhi, Research Scholar, Department of Law, University of Jammu, in their paper titled, “UAPA in Jammu and Kashmir: A Functional Analysis” observe that a democratic country must balance the preservation of its sovereignty and integrity with the freedom of her inhabitants to freely express themselves. The paper makes a comprehensive analysis of the UAPA’s legal framework with an emphasis on its key provisions, including the authority provided to law enforcement organizations, accompanying threats to constitutional rights and due process inherent in its application. The paper provides a snapshot of the assessment of UAPA cases in Jammu and Kashmir. The authors have suggested changes in the law so as to make it in harmony with the international human rights standards, and bring clarity inter alia in the definition of ‘terrorist activities’, enlarge the scope of judicial review, protection against arbitrary imprisonment, and a provision for compensation in the event of false or abusive framing of innocents.

Prof. Preeti Misra, Dean, School of Legal Studies and  former Head, Dept. of Human Rights, Babasaheb Bhimrao Ambedkar University, Lucknow, and Shivpriya, Research Scholar, Dept. of Human Rights, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow in their paper titled, “Interrelationship between  Climate Change and Women's Health: A Study in  Human Rights Perspective”, examined the heightened vulnerability of women to environmental disasters and extreme weather events stemming from economic hardship, sexual and reproductive health issues, gender discrimination, and limited social mobility. The authors have argued that such differential impacts are excluded from governmental data and academic literature. The paper suggests that prioritizing gender justice by increasing cognizance of differential climate change impacts and ensuring representation of women in climate policymaking are vital for equitable and sustainable development.

Prof. Badar Ahmad, Department of Law, Aligarh Muslim University and Nazrana Ahmad, Research Scholar, Department of Law, Aligarh Muslim University in their paper captioned “Women's Reproductive and Health Rights: An Appraisal  of Competing Interests” delves into the complex landscape of reproductive rights and women's health in India, analysing how ensuring comprehensive access to reproductive health services and upholding reproductive rights are essential in advancing the Sustainable Development Goals (SDG). The authors have undertaken an analysis of data, laws, policies, and landmark judgments to bring to fore their limitations and suggested strategies to address them. The paper argues that reproductive and health rights are critical components of sustainable development, with women occupying central roles in pathways to sustainability and environmentally responsible transformation, there is a need to further augment these rights.

Dayananda Murthy, Associate Professor of Law, Damodaram Sanjivayya National Law University, Visakhapatnam, in his paper titled “Judicial Conduct: A Rethinking in Creating Public Confidence” argues that to promote the public trust in the judicial system, refinement of the judicial conduct is highly necessary. The author opines that regulation of the judicial conduct is vital to accomplish the values and virtues of the judges. The author in his paper examines the important elements required for the enhancement of the public trust in the judicial system.

Iftikhar Hussain Bhat, Assistant Professor, School of Law, University of Kashmir, has authored the paper titled, “A Critical Review of Legal Challenges and Opportunities in Transboundary Environmental Impact Assessment”. The author opines that the Transboundary Environmental Impact Assessment (EIA) is a critical tool for evaluating the potential environmental effects of projects that extend across national borders. The paper undertakes a comprehensive evaluation of the challenges and opportunities inherent in Transboundary Environmental Impact Assessment, delves into the intricate intersection of international law, judicial approaches, and analyses the evolving landscape of cross-border environmental governance. The paper examines the key findings and their implications for policy, law, and practice, and offer insights into the dynamic trajectory of transboundary EIA. The paper articulated a roadmap for navigating the challenges and capitalizing on the opportunities in transboundary EIA. The author argues that by synthesizing legal, technological, and practical measures a holistic approach can be adopted that will address the challenges and seize opportunities in the pursuit of sustainable and effective transboundary EIA practices.

Prof. Qazi Mohammed Usman, Faculty of Law, Jamia Millia Islamia, New Delhi and Tauseef Ahmad, Ph.D. Scholar, Faculty of Law, Jamia Millia Islamia, New Delhi in their paper with the title, “A Study of Emerging Trends of E-Banking Frauds in India” argue that e-banking has brought forth convenience and efficiency, nevertheless, it has also presented many challenges for regulators. The authors analysed the challenges of e-banking and future potential of electronic banking frauds in India. The paper has raised numerous current issues with respect to e-banking frauds and puts-forth possible suggestions for tackling e-banking frauds.

Prof. Shrinaag Arun Panchbhai, Head of Department, Forensic Law, Institute of Forensic Science, Mumbai, Prof. Rajeshri N. Varhadi, Department of Law, University of Mumbai, and Arzin Abdul Khalique Ansari, Ph.D. Research Scholar, Department of Law, University of Mumbai in their paper titled, “Legal Implications of Creation of New States in India: A Study” brings out the differences between “Union of States” and “Federation of States” and the importance of selecting the term “Union” rather than “Federation” in the Indian Constitution. The authors argue that new states are founded in India with the purpose of enhancing and protecting the various cultures, languages, or scripts that are associated with each of the states, and this approach not only protects the unique characteristics of India, but it also contributes to the maintenance of the country’s customs, traditions, and languages. However, the authors raised concerns that carving new states from existing ones in India is a complex issue, often fraught with opacity and legal landmines. Public involvement in the process is often minimal, breeding whispers of bias and injustice. This lack of transparency can ignite legal battles over border demarcation, water rights, and the equitable sharing of resources. The paper suggests few measures for robust legal frameworks for new state creation in India.

Dr. Pallavi Devi, Assistant Professor, Department of Law, Gauhati University, in her paper titled, “Expanding Horizons of Basic Structures of Constitutionalism:  A Study of Evolving Trends”, explores the evolution of the ‘Basic Structure’ concept through judicial interpretation by the apex court of the country. The paper provides a new perspective to the concept of ‘Implied Limitations’ for the legal and judicial coparcenary. The author argues that with limitless amending power of parliament, the rule of law will itself disappear in the foreseeable future. Basic Structure Doctrine postulates a vibrant democracy free from bias that augers well for the unity and integrity of the country.

Dr. Sheikh Inam Ul Mansoor, Assistant Professor Law, School of Legal Studies, REVA University, Bangalore, and Ishfaq Ahmad Khan, Ph.D. Research Scholar, School of Law, University of Kashmir, in their paper bearing title, “An Interface Between Digital Privacy and Human Rights: The Challenges Ahead”, observes that in the contemporary digital era, the intricate equilibrium between digital privacy and fundamental human rights has risen to the forefront of societal concerns. This paper encapsulates the rationale behind preserving privacy and explores the emerging legal principles, such as accountability and individual autonomy in the management of their personal data. The authors have put forth in-depth analysis of emerging privacy issues in the digital world and the existing Indian legal framework with respect to online privacy protection. The paper advocates for the establishment of a global coalition comprising willing regulators, erudite scholars, and representatives of civil society, all dedicated to vigilant oversight and unwavering resistance against any endeavour aimed at gradually eroding the cherished liberties of the global populace.

Prof. Javaid Talib, Department of Law, Aligarh Muslim University and Naseem Tabrez, Research Scholar, Department of Law, Aligarh Muslim University in their paper titled “Telemedicine Practice in India: A Review” observe that telemedicine has brought forth numerous advantages, such as, increasing access to effective, efficient, and high-quality healthcare; elimination of gaps in health care that are caused by social class, location, and ethnicity;  reducing long waiting times, rigid scheduling, transportation issues, and frequent follow-up; collaboration between healthcare professionals, which allows them to exchange information, get second opinions, and consult specialists without being physically constrained. However, the authors raise concern about infrastructure limits, appropriate legislation, and data security in telemedicine practice in India. The authors have pleaded that it is essential to incorporate telemedicine into medical curricula, training programs, and standardized criteria to guarantee safe and dependable telemedicine services. According to the authors reviewing health insurance regulations to incorporate telemedicine payment and resolving privacy concerns with secure data transmission methods are crucial for broader adoption of telemedicine in India.

Dr. Indu Bala, Assistant Professor, Chandigarh Law College in her paper titled, “Legal Measures for Poverty Alleviation in India: A Study”, highlights causes of poverty and Indian Governments approach for poverty alleviation. The author expressed that eradication of poverty remains a major challenge of planned economic development. Experiences of different states in terms of economic growth and poverty reduction have been so varied that it is difficult to offer any general policy prescription. The author analyses various laws and government schemes in India for poverty eradication and suggests measures to be taken for effective poverty alleviation in India.

Dr. Sajandeep Kinra, Punjab Civil Secretariat, Chandigarh in his paper titled, “Role of Indian Judiciary in Protecting Poor People”, discusses at length various cases pertaining to protection of poor by Indian judiciary.  The author argues that poverty is indisputably the most potent violation of all human rights and constitutes a threat to the survival of the greatest numbers of human population. The impact of the poor friendly decisions of the Supreme Court have been pivotal in ameliorating poverty over the years. The author suggests that corruption control and mass awareness are the key elements for future eradication of poverty in India.