VOLIME-1, ISSUE-1 (March 2022)

1. REFUGEE PROTECTION: ROLE OF UNHCR IN INDIA.

Author: Dr.HinaKausar

Abstract:

UNHCR plays a very compr℮h℮nsiv℮ rol℮ for protection of uprooted and displaced p℮opl℮. India has b℮℮n an ℮x℮cutiv℮ m℮mb℮r of th℮ UNHCR sinc℮ 1995 and has b℮℮n availing th℮ benefits sinc℮ then. Th℮ir work starts the moment, a r℮fug℮℮℮nt℮rs India. Such p℮rson may apply for r℮fug℮℮ status and registration at th℮ UNHCR offic℮. A l℮galoffic℮r is appoint℮d to int℮rvi℮w such r℮fug℮℮s and procur℮ all th℮ r℮l℮vant information. If th℮r℮ ar℮ inconsist℮nci℮s in th℮ int℮rvi℮w, th℮y should b℮ handl℮d with car℮ and caution as th℮ background and th℮ m℮ntal stat℮ of th℮ r℮fug℮℮ should b℮ consid℮r℮d. Many a tim℮s, th℮r℮ ar℮ languag℮ barri℮rs and all th℮ information cannot b℮ coll℮ct℮d. This is not a r℮ason for declining th℮ r℮fug℮℮ status by th℮ UNHCR. Th℮ main obj℮ctfor d℮ciding th℮ status is th℮ f℮ar of p℮rs℮cution or thr℮at to lif℮. Th℮ UNHCR mandat℮ h℮lps in prot℮ctingr℮fug℮℮s against ill℮galarr℮st and d℮t℮ntion and r℮scu℮sth℮ p℮rson if th℮yar℮ alr℮adyund℮rarr℮st. But a mandat℮ is issu℮d only to r℮fug℮℮s from outsid℮ South Asian r℮gion. This l℮av℮sampl℮ room for discrimination and ℮xploitation of “oth℮r” r℮fug℮℮s. Th℮ UNHCR provid℮ss℮v℮ralam℮niti℮s which th℮ Indian gov℮rnm℮nt fails to do in most cas℮s. B℮caus℮ th℮ir status and id℮ntity is w℮ll ℮stablish℮d by th℮ UNHCR offic℮, th℮y can procur℮ a valid passport, trav℮ldocum℮nts authorizing th℮m to trav℮l abroad, ration cards or op℮n a bank account. Th℮ l℮galoffic℮rs of UNHCR provid℮ fr℮℮ l℮gal aid to th℮ r℮cogniz℮dr℮fug℮℮s. Th℮ organization has formal agr℮℮m℮nts with oth℮r NGOs to provid℮ financial assistanc℮ to th℮ poor and n℮℮dy across th℮ glob℮ including India. Furth℮rmor℮, th℮yprovid℮ fr℮℮ m℮dicaltr℮atm℮nt to th℮ sick r℮fug℮℮s in gov℮rnm℮nt hospitals with sp℮cial ℮mphasis on wom℮n and child h℮alth car℮. Th℮ UNHCR has an army of volunt℮℮rs and int℮rns who assist in providing vocational training which mak℮sth℮ms℮lf-r℮liant, primary ℮ducation and couns℮lling to th℮ distr℮ss℮dr℮fug℮℮s with th℮ assistanc℮ of oth℮r NGOs who hav℮ an ℮xp℮rtis℮ in th℮s℮ fi℮lds.

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2. ARREST UNDER (CrPC) Code of criminal procedure

Authors: Shivani Singh

Abstract:

“This paper deals with ''arrest'' under the code of criminal procedure (Crpc), and in which I have dealt with various important topics regarding the arrest. As nowhere in CrPC arrest is precisely defined, we know that we apply for bail to prevent arrest as my paper deals with the meaning of arrest, arrest without warrant, Arrest in non-cognizable cases, arrest how made. Power for effecting arrest police officer is required to ensure that arrest is made and for the sake of arresting police officer to search a place provided in section 47 of CrPC. Also, the police officer can pursue the offender under section 48 of CrPC. The police officer can depute to subordinate, which is dealt with under section 55 of CrPC, and the power to escape under section 60 of CrPC. I have discussed the difference between arrest and custody, cases where the arrest is necessary, arrest punishable with more than seven years, cases where the detention is not compulsory, Encounter, post-arrest procedure. Also, discussed the post-arrest procedure and what to do after an arrest is made, so several things must be done. The first one is to search the arrested person under section 55 of the code. Caesar of that weapon under section 52 of CRPC medical examination under section 53 of CrPC and sends a report to the DM. Also, I have discussed the arrested person's rights and the consequence of non-compliance with guidelines and safeguards of the arrest.

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3.NEED TO RECOGNISE SUSTAINABLE DEVELOPMENT AS A FUNDAMENTAL RIGHTIN INDIA – A STUDY

Geetika Aggarwal

Abstract:

The paper reviews the existing gap in recognising the right to sustainable development as inclusive in right to life in the Indian scenario. While the LPG concept has reduced the world into a ‘Global Village’ where economic growth and development is a parameters based on industrialisation, sustainability of resources raises itself as a concern. It is by referring to numerous World Forums that the meaning of ‘life’ vehemently targets ‘sustainability’.

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4. 4. ALTERNATIVE DISPUTE RESOLUTION-A SOLUTION TO THE DELAYED JUSTICE

Author: Ayushi Dwivedi

Abstract:

Amicable resolution of disputes is a sine qua non for social peace and harmony. India is a place for one of the largest populations in the world.Disputes and conflicts are wasting precious time, effort and public money. It becomes mandatory for a country like India to provide justice to them without any further delays and for implementation of this duty the judiciary has come up with the provisions of Alternative Dispute Resolution. This paper contains the various factors responsible for the need of implementing the laws related to the Arbitration procedure. In India, the judiciary is the tangible point of justice. It shows the contribution or role of the judiciary in keeping the provisions upfront due to the over crowdedness in court cases.This paper deals with the matter related to the process of the Arbitral Tribunal and the applicability of an award given by the Tribunal to the parties approaching it.In subsequent parts of the paper, we will discuss the evolution of the Alternative Dispute Resolution and the present scenario in the Indian context.

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5.ELECTORAL TRUSTS AND ELECTORAL BONDS - A NEWFOUND LOVE BETWEEN POLITICS AND THE CORPORATE SECTOR

Author: Naman Shukla & Shreyas Piplani

Abstract:

India is the world's largest and most dynamic democracy. In light of the foregoing viewpoint, it is worth noting that elections are critical to sustaining the content and character of democracy. Electoral bonds are financial mechanisms that people or corporate entities can purchase from banks and donate to political parties. Former Union Finance Minister Arun Jaitely launched this initiative in the 2017-18 National Budget, asserting that the government needs to make the political finance process entirely transparent. The NDA-led government implemented electoral reforms through the Finance Bill, 2017 with the belief that it would be a useful instrument for cleaning up political finance. A fresh Right to Information application made by lobbyist Kanhaiya Kumar in January was provided by the State Bank of India, which issued electoral bonds worth Rs. 1,213 crores at a branch in New Delhi. The identity of the contributors, as well as the modification to the Companies Act, 2013 and other related laws, among other things, attest to the dark side of Indian politics. This paper will look at the link between the motivations for implementing electoral changes and their influence on a healthy democracy. Thus, this study analyses the evolution of major legislative provisions on political fundraising, explains legal concepts, identifies systemic difficulties in the area, and suggests viable remedies in light of changes in electoral finance legislation in 2016 and 2017 and it will also through the light how it changes the other legislations in parlance to electoral reforms. The paper also tried to compare the system with other countries to know the position of our country.

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