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Welcome to Kashmir Journal of Legal Studies Official Website, A Peer Reviewed & Referred Journal, UGC-CARE Listed journal

Volume: IX 1 2022

The Protection of Forests In India: A Legal Perspective

Author(s) : Prof. Fareed Ahmad Rafiqi, Ryhana Farooq

Forests are considered as the 'green gold' for any country. These provide huge habitat for wildlife of the country. The areas with mountainous landscape and vast lush green forests add up to the natural beauty of India making it the richest reservoir of flora and fauna throughout the world. However, the natural and non-natural interventions often impact not only the forest capttal but its impending consequences as well. The phenomena of regional political movements, unplanned development, deployment of military and security establishments, rehabilitation of displaced, overexploitation of construction materials due to increasing population, increasing number of national and multinational companies are some of the factors which have caused huge footprints in the forest areas. The answer perhaps lies somewhere in legal wherewithal and its effective implementation. This paper is a humble attempt to evaluate the forest protection in India, challenges involved and the efficacy of legal measures involved for the protection of forests.

KeyWords : Forest wealth, Human environment, Tribal Population, conservation, flora and green-gold
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Patenting of Animal Biotechnology: Ethical, Legal and Social Implications

Author(s) : Dr. Kshitij Kumar Singh

Recent advancements in animal biotechnology have created enormous possibilities for increasing the livestock nutrition value of animal products and improving animal health. To encourage investment and promote innovation in this field, countries worldwide provide patent protection to animal biotechnology. Since animal biotechnology involves use of animals in whole or in part along with mia•oorganisms, it raises serious ethical, legal and social issues touching upon the dignity of animal life. Countries vary in their approaches to patent law dealing with animal biotechnology based on their social, political and cultural setup. The debate pertaining to patenting of animal biotechnology is entangled between two continuums: first, innovation and economic growth and second implications of animal patenting on animal dignity, animal and human health, environment, biodiversity and agricultural structure. Against this backdrop, the present article undertakes an analysis of ethical, legal and social implications of the patenting of animal biotechnology in USA, EU, Canada and India

KeyWords : Keywords: Animal biotechnology, patent, Harvard oncomouse, microorganism, genes
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An Empirical Study of various Labour Welfare Provisions pertaining to Women Workers in Jammu and Kashmir

Author(s) : Nayeem Ahmad Bhat

Every society or country has its own values, traditions, culture and with the passage of time changes do take place in these existing traditions, culture and values. For a researcher, the caution given by Julius Stone is of extreme significance; "Attention came to be increasingly directed to the law's effects on the complex of attitudes, behaviour, organization, environment, skills and powers involved in the maintenance of particular society or kind of society and conversely on the effects of these upon the particular legal order in which it raises, the interrelation involved include the influences of extra-legal elements of the social order on the formation, operation, change and disruption of the legal order, as well as the influences of the legal order (or particular posts, kinds and states of the legal(order) on that extra-legal elements. In the words of Paton, "Legal research consists of analysis of rules, concepts, and institutions of law as well as the legal system itself and if the law lags behind popular standards, it fails into disrepute. If the legal standards are too high; there are great difficulties of enforcement. "2Judged by the standard attained by the advanced countries in this field, the various labour welfare schemes in India may not be a satisfactory one. Our critical examination of various labour welfare legislations will testify that our National Government having taken a bold step immediately after independence to introduce some important social security legislations by way of Employees State Insurance Act, 1948, Factories Act, 1948, Maternity Benefit Act 1961, Equal remuneration Act, 1976, Sexual Harassment at Workplace, Act, 2013 etc. has turned its attention to a right direction. It is gratifying to note that these labour welfare laws for the industrial employees were the first of its kin in South East Asia. But even though these laws were passed long time back, the implementation of the underlying schemes more particularly for women employees was very slow at the initial stage.

KeyWords : Socio-economic, Unorganised, Wages, Employment, Work participation Rate, Labour Welfare
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Forensic Techniques: An Essentiality for Existing Criminal Justice System

Author(s) : Dr Seema Singh

Law Governing Forensic Techniques and the Admissibility of Modern Techniques in India is very important in today 's context. It is also important to talk about the Effective model of Criminal Justice System which is one of the basic and essential aspects for the existence of the peaceful society. In India even by after a century we are substantially relying of the substantive and procedural criminal laws enacted in the British era. But by the passage 01 time criminals have changed the method of commencing crime. They are using their intelligence immensely for the wrong doing and cannot be tamed effectively in the technologically advanced era with old practices. This paper deals with the rising need of adopting new scientific techniques of criminal investigation in the background of their authenticity, utility and constitutionality. The emphasis is on understanding the Necessity of Application of Forensic Science.

KeyWords : Forensic technique, DNA Testing, DNA Profiling, Narco-Analysis, Criminal system
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DNA Technology and Right to Privacy: An Indian Perspective

Author(s) : Dr Syed Asima Refayi

DNA profiling is ascientific method of recording the almost unique characteristics that are present in every individual's DNA. DNA Deoxyribonucleic Acid — is the building block of our basic genetic information that is stored in all the cells in our bodies. DNA profile is like a fingerprint, and hence the technique is also called DNA fingerprinting. Current technologies are able to read the sequences from even a very small fragment of a person 's DNA. Using a technique called PCR (Polymerase Chain Reaction) the information in a small fragment of a DNA molecule can be amplified over a million times, making detection of the unique sequences much easier.The technique is used in criminal investigations and identification purposes. If a crime suspect 's DNA is found to match with DNA present at the scene of a crime, then this is seen as evidence that the suspect was present at the crime scene. But at the same time,DNA profiling has raised many issues of privacy than does ordinary fingerprinting. In addition, potential privacy threats arise from the fact that the original DNA samples are generally retained as well as the DNA profiles held on the databases. Privacy implications are also raised through the retention of DNA samples and profiles. This paper is an attempt to highlight the importance of DNA Technology and how it goes in hand in hand with Right to Privacy.

KeyWords : Right to Privacy, DNA Technology
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