Flash news

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

Volume: XI 1 2024

Elected Women Representatives in Local Self-governance: Participation and Challenges

Author(s) : Dr Puneet Pathak Dr. Debendra Nath Dash

Gender equality and empowerment of women is an indispensable feature for the progress of any society. The literature on the subject reflects various challenges in achieving the constitutional goal of gender equality in reference to the participation of women representatives in local self-governance. The present study examines the participation and challenges to elected women representatives in local self-governance. It is based on a document review of the secondary data. The legislative initiatives by Indian Parliament ensured the presence of women in local self-governance. But in a male-dominated society, women representatives face numerous challenges at all levels of governance. Despite the increasing number of women in local self-governance, there are certain barriers that hinder their real and true participation in decision-making. The presence of individual and institutional factors creates different hurdles for the women's participation. Such challenges are required to be addressed to ensure women's full, actual, and active participation in local self-governance.

KeyWords : Gender Equality, Women, Elected Representative, Local Self Governance, Women Empowerment

Interpreting Indian Constitutional Morality through the Lens of Dharma

Author(s) : Dr Seema Singh, Vinayak Sharma

The principle of constitutional morality emphasizes the significance of upholding the ideas and values that are codified within a constitution. In the Bharatiya context, the Constitution functions as grundnorm, offering direction for the functioning of the state and safeguarding the rights and liberties of its citizens. The interpretation and application of constitutional principles raise complex questions about morality, justice, and societal good. One way to analyze these questions is through Dharma, which is a concept deeply embedded in Bharatiya tradition and has been grundnorm of Bharat. It consists of moral, ethical, and cosmological concepts that form a framework for personal conduct and social orderliness. This study thus seeks to investigate how constitutional morality intersects with Dharma, looking at whether or not the ideas embedded in Dharma can be introduced into constitutional morality. It will draw on constitutional law, jurisprudence, and ancient Bharatiya scriptures for insights on these issues. This study aims to contribute to the current legal discourse about the judiciary's interpretation and implementation of constitutional values within the framework of Dharma.

KeyWords : Constitutional Morality, Popular Morality, Social Morality, Dharma, Morality

Authorship V. Ownership Battle in Copyright for AI Generated Content

Author(s) : Vibhuti Amarnth Agrawal, Dr Manish Kumar Singh

With the development of AI technologies, copyright and the function of copyright societies are likely to undergo dynamic evolution. Copyright societies will be essential in establishing legal frameworks, promoting moral AI procedures, and encouraging cooperation between interested parties. Copyright societies will use cutting-edge technical solutions to manage copyright more transparently, like blockchain, and more effectively using AI-powered content detection tools and enforcement. In order to solve the issues faced by AI-generated content, standardisation efforts, enhanced cross-industry collaboration, and educational programmes will be crucial. Copyright societies will traverse a challenging terrain as cultural and societal views change, guaranteeing just recompense for artists while juggling public worries about AI's potential to stifle creativity. In the dynamic field of AI copyright, the future looks to be one of harmonisation and adaptation, with copyright societies taking the lead in defending intellectual property rights.

KeyWords : Artificial Intelligence, Copyright, Copyright Societies

Algorithmic Hub-and-Spoke Agreements: An Indian Perspective

Author(s) : Ms Gauri Gupta

Advancement in technology has made it possible for businesses to collude through algorithms, especially pricing algorithms. The use of algorithms to monitor and adjust prices has brought the issue of algorithmic collusion to the forefront globally, including India. This has sparked a debate on whether existing legal framework is adequate to capture legal threats posed by the use of new technology. In the light of the ongoing debate, the paper intends to answer the question of whether traditional antitrust tools be used to examine and assess algorithmic hub-and-spoke agreements in India. This paper argues that the existing competition law framework in India is robust and flexible enough to capture hub-and-spoke collusion in digital environment. However, enforcing laws can be time-consuming but technology changes at a rapid pace. In this regard, it suggests that measures to prevent collusion by algorithms should happen ex-ante at the time when algorithm is developed by the programmer.

KeyWords : Cartel, hub-and-spoke agreement, algorithm, algorithmic hub-and-spoke agreement, CCI

The Role of Precautionary Principle in Global Biodiversity Governance

Author(s) : Iftikhar Hussain Bhat, Hina Basharat, Saqib Ayub

Biodiversity conservation faces unprecedented challenges in the wake of anthropogenic activities and global environmental changes. This research article delves into the critical nexus between risk management and conservation efforts, emphasizing the role of the precautionary principle in shaping global biodiversity governance strategies. The Precautionary Principle, rooted in the idea of anticipating and addressing potential harm even in the absence of scientific certainty, emerges as a pivotal tool for navigating uncertainties in the complex realm of biodiversity conservation. The article begins by providing a comprehensive overview of the current state of biodiversity loss and the intricate web of interconnected threats, ranging from habitat destruction to climate change. Against this backdrop, the article scrutinizes the historical evolution and conceptual foundations of the Precautionary Principle, emphasizing its ethical underpinnings and its application in various international agreements and protocols related to biodiversity. A critical analysis follows, examining case studies where the Precautionary Principle has been successfully integrated into global biodiversity governance. The paper investigates the effectiveness of these implementations, shedding light on the challenges and opportunities associated with its practical application. Special attention is given to instances where the principle has fostered adaptive management strategies, enabling conservation efforts to evolve dynamically in response to emerging threats. Furthermore, the research explores the ethical considerations inherent in the Precautionary Principle, assessing its compatibility with diverse cultural, social, and economic contexts. The examination extends to the potential conflicts between precautionary measures and economic development, aiming to strike a balance between conservation imperatives and human well-being. In conclusion, the paper synthesizes key findings and proposes recommendations for enhancing the integration of the Precautionary Principle into global biodiversity governance frameworks. It underscores the necessity of collaborative efforts among policymakers, scientists, and local communities to fortify risk management strategies and ensure the enduring vitality of the world's diverse ecosystems. The research article aims to contribute valuable insights to the ongoing discourse surrounding biodiversity conservation and offers a roadmap for leveraging the Precautionary Principle as a cornerstone in global efforts to sustain and protect Earth's rich biological heritage.

KeyWords : Precautionary Principle, Global Biodiversity Governance, Conservation, Environmental Policy, Risk Management

Previous     Page 1 / 5     Next