To see the other types of publications on this topic, follow the link: Forestry law and legislation – India.
Journal articles on the topic 'Forestry law and legislation – India'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Forestry law and legislation – India.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Chawla, Chahat. "Legislation Update: India." Asian International Arbitration Journal 14, Issue 2 (December 1, 2018): 215–22. http://dx.doi.org/10.54648/aiaj2018012.
Full textAbstract:
On 10 August 2018, the Lok Sabha (Lower House of the India’s bicameral Parliament) passed the Arbitration and Conciliation (Amendment Bill), 2018 (‘2018 Amendment Bill’), to further amend the Arbitration and Conciliation Act, 1996 (‘1996 Act’). In a short span of three years, the Indian Parliament has sought to overhaul India’s principal arbitration legislation for the second time, after the initial reforms introduced by the Arbitration and Conciliation (Amendment) Act, 2015 (‘2015 Amendment Act’). The 2018 Amendment Bill has been described as ‘a momentous and important legislation’ by the Indian Minister of Law and Justice, which is aimed at making India a ‘hub of domestic and international arbitration’. Other than the introduction of the 2018 Amendment Bill, the Indian Government, this year, also introduced the New Delhi International Arbitration Center Bill, 2018 (‘NDIAC Bill 2018’) in the Lok Sabha. The primary objective of the NDIAC Bill is to establish a ‘flagship arbitral institution’ to enable the growth of institutional arbitration in India. This Note undertakes a review of the key features of the 2018 Amendment Bill and the NDIAC Bill 2018 and how the proposed legislative measures impact the existing arbitral regime in India.
2
Chauhan, Devshree. "ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW." Dogo Rangsang Research Journal 12, no. 09 (2022): 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.
Full textAbstract:
With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.
3
Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.
Full textAbstract:
Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.
4
Cormacain, Ronan. "Presidential Legislation in India: The Law and Practice of Ordinances." Theory and Practice of Legislation 4, no. 2 (May 3, 2016): 317–19. http://dx.doi.org/10.1080/20508840.2016.1175063.
Full text
5
Ulber, Marcus. "Der Einfluss von Naturschutzorganisationen auf Rechtsetzung und Vollzug." Schweizerische Zeitschrift fur Forstwesen 164, no. 3 (March 1, 2013): 65–69. http://dx.doi.org/10.3188/szf.2013.0065.
Full textAbstract:
Influence of nature conservation organisations on legislation and law enforcement Nature conservation organisations influence laws and ordinances, administrative strategies and law enforcement. By doing this, they seek to improve the position of nature. The exertion of influence by organisations is a traditional element of Swiss politics. The nature conservation organisations bring in their claims and their expertise on all political levels and at all stages of legislation.
6
Unnithan, Maya. "Thinking through Surrogacy Legislation in India." Journal of Legal Anthropology 1, no. 3 (September 1, 2013): 287–313. http://dx.doi.org/10.3167/jla.2013.010302.
Full textAbstract:
As its main focus the article is concerned with explaining the proposed Indian Assisted Reproductive Technologies (ART) Bill 2010 (2008), and in particular discusses some of its limitations using a relational conception of consent and autonomy. It is argued that two major limitations arise from, firstly, the way the Bill attempts to introduce ‘universal’ notions of informed consent into a cultural context of socially determined decisionmaking, resulting in the failure to safeguard the welfare of Indian surrogates. A second limitation is that the proposed law entitles only some poor women (surrogates) in India to realise access to quality medical healthcare services compared to others (poor, infertile women). Given the significant class and gender based inequalities which frame reproductive healthcare service delivery in the country, legally guaranteed access to health services for surrogates becomes a privilege where the rights of some individuals and couples to reproduce and exercise procreative agency is valued and not others. The article argues that the Bill must give due consideration to the complex, relational and highly stratified contexts in which women undertake childbearing in India to understand why legally comprehensive consent procedures can co-exist with violations of personhood in practice. Without such consideration the article suggests that injustice toward infertile women can become part of the same legal process wherein overcoming infertility is recognised as a right.
7
Mund, Pallavi. "‘Tomorrow Is Today’ for the Indian Space Saga: Delineating the Legal Framework for Space Activities in India." Air and Space Law 46, Issue 1 (January 1, 2021): 119–34. http://dx.doi.org/10.54648/aila2021006.
Full textAbstract:
This article aims to study India’s robust space programme, against the backdrop of the current legal regime under which it operates. It further delves into the need for national space legislation vis-à-vis the recent burgeoning trend of privatization. To this end, this article analyses the draft 2017 Space Activities Bill introduced for consultation by the Government of India, and concludes with the recommendation that India adopt an all-encompassing national space legislation. outer space, ISRO, Indian Space Research Organisation, space activities, Indian space programme, privatization, IN-SPACe, Space Activities Bill 2017
8
Dr. Shilpa Jain. "Domestic Violence Legislation In India- An Appraisal." Legal Research Development: An International Refereed e-Journal 1, no. II (December 30, 2016): 01–09. http://dx.doi.org/10.53724/lrd/v1n2.02.
Full textAbstract:
India became independent in 1947 and adopted a Constitution in 1950, which remains in force today.1 Part III of the Constitution protects fundamental rights, including the right to life, which has been interpreted to mean the right to live a life with dignity and free from violence.2 The Constitution also empowers the State to take affirmative measures to protect women under Article 15.3 The Indian Parliament has often invoked Article 15 to pass special legislative or executive measures to protect women, which have generally been upheld by the CourtsIt took India fourteen years after independence to pass its first law directly relating to violence against women. In 1961, the Dowry Prohibition Act (DPA) came into effect which penalized not only taking but giving of dowry. However, the Act did not effectively curb the practice of dowry.5 The Indian Parliament later passed Dowry Prohibition (Amendment) Acts in 1984 and 1986, but their impact was as negligible as that of the 1961 Act.6
9
Jani, Aditi, and Mayuri Pandya. "AN ANALYSIS OF LAWS REGARDING CLIMATE CHANGE: A TRANSNATIONAL LAW PERSPECTIVE." VIDYA - A JOURNAL OF GUJARAT UNIVERSITY 1, no. 1 (June 30, 2022): 54–59. http://dx.doi.org/10.47413/vidya.v1i1.85.
Full textAbstract:
“In spite of a lack of environmental care in the Indian Constitution, India has established a number of important environmental legislation since its independence, despite the lack of environmental concern in the Indian Constitution. However, environmental legislation in India is being developed piecemeal and in response to specific events that have occurred. In the development of Indian environmental legislation, these may be found. The 1972 United Nations Conference on the Human Environment in Stockholm paved the way for future environmental and climate change legislation. On that basis, the Indian parliament adopted many laws and placed environmental measures in the Constitution, such as Articles 48 A and 51 A. (g). Climate change is now having a subtle but profound effect on Indian society. There has been recent progress toward passing a climate change bill under the country's current legislation, while at the UN Lima summit, member nations agreed on cutting Earth-warming greenhouse gas emissions. This year, on the 147th anniversary of Mahatma Gandhi's birth on October 2, 2016, India approved the National Determined Contribution (NDC). Basic climate change law features are explained in this article, with an emphasis on those topics that are likely to be essential for some time to come and on main drivers of climate change law development. Environmental, energy, corporate, and international law all play a role in the development of the evolving climate change legislation. Any attempt to combat climate change raises questions regarding the correct role and relationship of state and federal governments. What follows will serve as a basic overview of an increasingly complicated and dynamic field.”
10
Zimmermann, Willi. "Rechtliche Aspekte bei der Vermarktung von Nichtholz-Waldleistungen | Legal aspects of the marketing of non-wood forest services." Schweizerische Zeitschrift fur Forstwesen 161, no. 9 (September 1, 2010): 362–67. http://dx.doi.org/10.3188/szf.2010.0362.
Full textAbstract:
The production and marketing of forest goods and services are strongly influenced by legal conditions. Civil law lays down who is proprietor of something, who may determine over it and to what extent. The commercialization of the three ecosystem services “water filtration”, “carbon storage” and “protection from natural hazards” is confined to certain limits by the law of property. With the exception of carbon storage, the possibilities are further limited by the forest and water legislation of Confederation and the cantons. The subsidy regulations in forest law do however offer the possibility of setting mechanisms into motion for cooperative services which resemble commercialization. If these initial approaches are to be further developed or to become the rule, changes in legislation will become necessary in civil as well as in public law.
11
Firdosi, Muhammad Mudasir, and Zulkarnain Z. Ahmad. "Mental health law in India: origins and proposed reforms." BJPsych. International 13, no. 3 (August 2016): 65–67. http://dx.doi.org/10.1192/s2056474000001264.
Full textAbstract:
Although mental health legislation has existed in India since the mid-19th century, it has gone through various changes over the years and the Mental Health Care Bill 2013 has generated a lot of debate and criticism. Despite its shortcomings, the general expectation is that this bill will usher in a new era of proper care and allow people with mental disorders to lead a dignified life.
12
Marti, Fritz. "Erste Erfahrungen mit der neuen Waldgesetzgebung | Initial consequences of new forest legislation." Schweizerische Zeitschrift fur Forstwesen 153, no. 7 (July 1, 2002): 251–52. http://dx.doi.org/10.3188/szf.2002.0251.
Full textAbstract:
On the 1st July 1995 the new cantonal glarner forest law came into force, the first such law based on the federal forest law of 4th October 1991. Experiences gained with regard to those articles which brought changes are of particular interest, such as the level of compensation for clearing, management of the forest, prohibition of traffic on forest roads, forestry organisation,the handling of natural catastrophes, forestry planning and the forest conservation concept.
13
Guha, Ayan. "Recent debate on landmark anti-caste legislation in India." International Journal of Discrimination and the Law 19, no. 1 (December 20, 2018): 48–63. http://dx.doi.org/10.1177/1358229118814467.
Full textAbstract:
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to prevent atrocities against the Scheduled Castes (SCs) and Scheduled Tribes (STs). It prescribed penalties that are more stringent than the corresponding offences under the Indian Penal Code and other laws. Despite flaws in implementation, this Act has provided the SCs and STs with some sense of security. But it is often alleged that this law is frequently misused. A recent Supreme Court order has attempted to introduce some procedural safeguards to curb the misuse of this Act. But many, particularly the Dalit groups, believe that in doing so the Supreme Court has ended up diluting this landmark legislation. In this context, this article analyses the recent judicial pronouncement and presents the arguments for and against it.
14
Chakraborty, Anogh, and Shubhayan Chakraborty. "The Reform of Abortion Law in India: A Critique." Contemporary Challenges: The Global Crime, Justice and Security Journal 3 (September 28, 2022): 99–117. http://dx.doi.org/10.2218/ccj.v3.7103.
Full textAbstract:
After six consecutive years of discourse, India has finally passed the amendment to its Medical Termination of Pregnancy (MTP) Act of 1971. This paper addresses the problems that the 2021 Amendment may prove to be inadequate to resolve, considering the existing practical lacunae between the vision of the legislation and the implementation of the law. It analyses and conducts a study on the numerous socio-economic factors that relates to the nuances of unlawful abortions, the extent to which this amendment has been able to address such problems, and how effectively has the Judiciary been able to provide appropriate remedies in accordance with the jurisprudence of the law of abortion. The paper also deliberates on the viability of the prescribed specialised Medical Board in the present infirm medical infrastructure of the country. Furthermore, several crucial elements of the concerned legislation have been left to be addressed by the MTP Rules that is yet to be enacted. This paper, in order to provide suggestive measures for such voids, attempts to strike a balance between the right to personal liberty and the right to life of an unborn, placing reliance on a comparative evaluation of the laws regarding abortion above the gestation period in other jurisdictions. In conclusion, the paper appreciates the gradual progression of abortion law in India while establishing a nexus with the recent relevant legislative developments and the socio-political role of the debate between pro-choice and pro-life in the judicial decision-making.
15
DUTTA, Sagnik. "From Accommodation to Substantive Equality: Muslim Personal Law, Secular Law, and the Indian Constitution 1985–2015." Asian Journal of Law and Society 4, no. 1 (September 9, 2016): 191–227. http://dx.doi.org/10.1017/als.2016.54.
Full textAbstract:
AbstractThe adjudication of religious personal laws of minority communities in India has been a domain of contestation between competing claims of cultural autonomy, gender justice, and individual rights. The Supreme Court of India has time and again been confronted with the conflict between the secular law and legislation that protects group rights of minorities. While the existing literature has taken note of the attempts by the Indian state and the judiciary at legal-pluralist interventions to secure gender justice within the framework of personal laws based on religion, there has not been a sustained analysis of the discursive construction of constitutional law in dynamic interaction with the secular law and tenets of religion. This paper attempts to address this important gap in the scholarship using a discourse analysis of the judgments of the Supreme Court of India from 1985 until 2015 pertaining to post-divorce maintenance for Muslim women. I examine how the “rights” of Muslim women are framed in a realm of dynamic interaction between legislation premised on community identity, notions of constitutionalism, and personal laws based on religion to argue that the state adopts an interventionist role in a legal-pluralist paradigm; it further uses the specificity of community identity to foreground a vision of social justice.
16
Ghosh, Sujay. "Democracy and human development: recent legislation in India." Development Policy Review 34, no. 4 (June 9, 2016): 539–61. http://dx.doi.org/10.1111/dpr.12162.
Full text
17
Mohapatra, Manas. "Learning Lessons from India: The Recent History of Antiterrorist Legislation on the Subcontinent." Journal of Criminal Law and Criminology (1973-) 95, no. 1 (2004): 315. http://dx.doi.org/10.2307/3491385.
Full text
18
Korepina, Anna Viktorovna. "Imposition of cumulative administrative penalty: technical-legal defects and law enforcement problems in the sphere of forest conservation." NB: Административное право и практика администрирования, no. 3 (March 2021): 1–13. http://dx.doi.org/10.7256/2306-9945.2021.3.35777.
Full textAbstract:
The subject of this research is the social relations arising in the context of application of administrative sanctions for violating forestry legislation. The object of this research is the legislation on administrative offenses of the Russian Federation and foreign countries, law enforcement and judicial practice. The author observes the ambiguity of application of legislation on administrative offences by the state forestry departments in some constituent entities of the Russian Federation. Therefore, this scientific article indicates one of the relevant issues that stir up disputes among the law enforcement agencies – imposition of cumulative administrative penalty for violating forestry legislation. Using the universal dialectical, descriptive, and hermeneutical methods, the author analyzes the current administrative legal norms that regulate the procedure for imposition of cumulative administrative penalty. Special attention is given to the factors of ambiguity in law enforcement practice in terms of imposition of cumulative administrative penalty, which has developed due to the flaws in legal writing: 1) the absence of conceptual scientific developments dedicated to imposition of administrative penalty for cumulative administrative offenses; 2) simplified approach towards legal regulation of certain institutions of administrative responsibility that generates gaps in the legislation on administrative responsibility, which must filled in by law enforcement practice; 3) inappropriate interpretation of norms of the Article 4.4. of the Code of the Russian Federation on Administrative Offences by the law enforcement, and namely, judicial bodies. The scientific novelty consists in recommendations for improving the provisions of the Code of the Russian Federation on Administrative Offenses in this sphere. The conclusions are based on the formal-legal and logical methods of research.
19
Sartika, Husna, Eddy Purnama, and Ilyas Ismail. "Standard Patterns of Considerations in Law, District Regulation and Qanun Based on Legal Rules in Indonesia." Pancasila and Law Review 2, no. 2 (December 30, 2021): 121–32. http://dx.doi.org/10.25041/plr.v2i2.2446.
Full textAbstract:
The consequence of the state of the law is legislation to be an essential instrument in regulating public life. However, in some parts of Indonesia, they can make their regional regulation slightly different from the constitution, wherein this article will focus on Qanun in Aceh Province. The research used in this paper is normative law research. This research used sequential data or library data. Secondary data consists of primary law materials, secondary law materials, and tertiary law materials. The approach method used is the legislative approach and the conceptual approach. The formulation of the problem in this paper is how the standard pattern of consideration in the Law, Regional Regulations, and Qanun is based on legislation. The results show that in the Law in Consideration, Consider using the word "membentuk" or "form" because the law-making institution consists of legislative institutions and executive institutions. Regional regulation considers using the word "menetapkan" or "establish" because the institution that makes local regulations is a local government consisting of elements of local governments and local people's representative councils. This consideration follows Annex II of Law Number 12 of 2011 on the Establishment of Legislation as amended by Law Number 15 of 2019. However, the Qanun used the word "membentuk" or "form" due following Article 233 paragraph (1) of Law Number 11 the Year 2006 on Aceh Governance and Annex II of Aceh Qanun Number 5 of 2011 on the Procedures for the Establishment of Qanun.
20
Majumdar, Sumit K. "Foreign exchange legislation transformation and enterprise demography in India." European Journal of Law and Economics 25, no. 1 (December 18, 2007): 39–56. http://dx.doi.org/10.1007/s10657-007-9037-3.
Full text
21
Volkov, О. Ye. "Administrative and Legal Principles for Determining the Legal Regime of Using Forestry Resources as an Important Component of Nature-Oriented Complex of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (May 29, 2019): 66–77. http://dx.doi.org/10.32631/v.2019.2.06.
Full textAbstract:
The author has studied the concept and content of the legal regime in the general sense and through the prism of the sphere of research of the forestry fund of Ukraine.
The elements and features of the legal regime of forestry resources of general and special purpose have been characterized. The author has offered own definition of the concept of “legal regime of the forestry fund”.
It has been emphasized that the effective protection of the forestry fund as an important component of the country’s nature-oriented complex depends directly on the proper implementation of the norms of the legislation regulating the relations concerning the use and protection of forestry resources, compliance of these norms with the provisions of European legislation and time requirements, as well as on the systematic exercise of state control over the area of use and protection of forestry resources.
It has been concluded that it is necessary to improve administrative and legal principles of the use (protection) of the forestry fund objects of the proper legal regulation of relations in this sphere by developing and adopting the Law of Ukraine “On the Forestry Fund of Ukraine”, codification of the forest legislation of Ukraine, systematic review and introduction of relevant amendments to the Forest Code of Ukraine, updating the legal status of the forestry authorities in regard to ensuring the legal regime of the forestry fund.
The author considers the scientific development of issues concerning the elaboration of the issues on improving the mechanism of administrative and legal regulation of the legal regime for offenses in the field of use and protection of forestry resources in Ukraine in the context of the implementation of European law into Ukrainian legislation as a perspective direction for further research.
22
Rasheva, Natalia. "Approaches to understanding corruption: criminal law and law enforcement aspects." Advances in Law Studies 10, no. 3 (September 25, 2022): 31–35. http://dx.doi.org/10.29039/2409-5087-2022-10-3-31-35.
Full textAbstract:
In the modern legal doctrine there is no clear definition of the concept of corruption, most often it is considered as a generic concept that generalizes a number of criminal acts, which certainly seems to be a significant omission of the domestic legislator. In the article, the author comes to the conclusion that today it is necessary to systematize the signs of corruption crimes provided for by the current criminal legislation. It is possible to reflect them in the Federal Law «On Combating Corruption» and in a separate chapter of the Criminal Code of the Russian Federation. It is possible to take as a basis the Instruction of the Prosecutor General's Office of Russia No. 738/11, the Ministry of Internal Affairs of Russia No. 3 dated 12/25/2020 «On the introduction of lists of articles of the Criminal Code of the Russian Federation used in the formation of statistical reporting»
23
Goel, Sonu, Deepak Sharma, Rakesh Gupta, and Vini Mahajan. "Compliance with smoke-free legislation and smoking behaviour: observational field study from Punjab, India." Tobacco Control 27, no. 4 (August 10, 2017): 407–13. http://dx.doi.org/10.1136/tobaccocontrol-2016-053559.
Full textAbstract:
BackgroundIndian smoke-free legislation requires prohibition of smoking at public places and owners of public places to display ‘no smoking’ signages.Aims and objectivesThe study aims to assess the compliance of public places with smoke-free legislation and determine the factors associated with active smoking in public places.MethodologyThis was a cross-sectional analytic observational quantitative survey conducted by a team of trained field investigators using a structured observational checklist across 6875 public places in Punjab state of India. The study was carried out over a period of 3 years.ResultsA total of 6875 public places across 22 districts of Punjab were observed. The overall compliance to smoke-free law in Punjab was 83.8%. The highest overall compliance was observed in healthcare facilities (89.6%) and least in transit stations (78.8%). Less active smoking was observed in public places where display of ‘no smoking’ signage compliant with smoke-free law of India was present (adjusted OR 0.6). Further, there was a positive association between active smoking and places where the owner of public places smoked (OR 5.2, CI 2.5 to 11.1).ConclusionMore than 80% of the public places in a jurisdiction in north India were compliant with the smoke-free legislation of India. ‘No smoking’ signages displayed as per legislation have an effect on curbing smoking behaviours at public places. It is recommended that policymakers should focus more on implementing the smoke-free law at transit sites and structured training sessions should be organised for owners of workplaces.
24
Jain, Dipika. "Law-Making by and for the People: A Case for Pre-legislative Processes in India." Statute Law Review 41, no. 2 (April 23, 2019): 189–206. http://dx.doi.org/10.1093/slr/hmz005.
Full textAbstract:
Abstract Recent legislative trends in India reflect the need for a mandatory pre-legislative process. Pre-legislative consultation affords the benefit of legitimacy to laws arrived at through citizen participation. Furthermore, it informs decision-makers of the lived experiences of those most likely impacted by the legislation. Laws that receive pre-legislative consultation are attuned to realities, which increases the likelihood of their effectiveness. This article explores how several of India’s recent laws that received pre-legislative consultation have been rendered more robust and effective than others. As exemplified by current protests by transgender, intersex and gender non-conforming people in India, the Government’s most recent Transgender Bill, which neglected pre-legislative deliberation process, fails the people it purports to protect. As explored in this article, the Bill fails to uphold constitutionally protected principles, as recognized in the recent Supreme Court case that upheld transgender persons’ fundamental rights. As such, the Transgender Bill reflects a need to engage with the intrinsic and instrumental value of pre-legislative consultation and deliberation in India. In locating transnational trends towards employing such a process, this article argues that India would greatly benefit from mandatory pre-legislative consultation and deliberation. By creating a process that allows for citizen participation in law-making, particularly when such laws impact marginalized communities, legislation would reflect societal needs and eschew a top-down, majoritarian approach.
25
Szilágyi, János Ede. "European legislation and Hungarian law regime of transfer of agricultural and forestry lands." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 12, no. 23 (2017): 148–81. http://dx.doi.org/10.21029/jael.2017.23.148.
Full text
26
Saxena, K. G., K. S. Rao, and A. N. Purohit. "Sustainable Forestry - Prospects in India." Journal of Sustainable Forestry 1, no. 2 (August 2, 1993): 69–95. http://dx.doi.org/10.1300/j091v01n02_04.
Full text
27
Prasad M, Deva, and Suchithra Menon C. "Indian Forest Rights Legislation: Significance of Recognizing the Legal Pluralism for Indigenous Peoples Rights." Statute Law Review 41, no. 1 (May 19, 2018): 78–88. http://dx.doi.org/10.1093/slr/hmy010.
Full textAbstract:
Abstract Indigenous people’s traditional customary claim over the forest land was not accepted by the formal legal mechanism in India for a long period of time. The underlying rationale for the claim is livelihood, religious, and cultural reasons. The indigenous people’s claims remained as informal norm, which were not accepted by the formal state legal system in India. Discriminating legal centralism was existing in the area of forest governance and policy till the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act was enacted in 2006. The Forest Rights Act, 2006 has brought a paradigm shift in the entire approach of law towards the indigenous people and acknowledged the rights of the indigenous people. This article makes an attempt to understand the significance of recognition of legal pluralistic norms through legislation.
28
Heri Bertus Nahak, Sudi Fahmi, and Bahrun Azmi. "IMPLEMENTATION OF THE COMPOSITION OF JUDGES IN FORESTRY CRIMINAL CASE SETTLEMENT BASED ON REGULATIONS LEGISLATION." JILPR Journal Indonesia Law and Policy Review 2, no. 2 (June 30, 2021): 91–102. http://dx.doi.org/10.56371/jirpl.v2i2.46.
Full textAbstract:
Article 53 paragraph 1 has not been realized yet, the entry into force of Law Number 18 of 2013, because in the author's opinion that the government is not firm in dealing with forest destruction has not been implemented properly. After the enactment of this Law, the Chief Justice of the Supreme Court of the Republic of Indonesia must nominate candidates for ad hoc judges who are appointed through a Presidential Decree to examine cases of forest destruction. As for the formulation of the problem in this research is how the implementation of the composition of judges in the settlement of forest criminal cases based on the legislation, how the legal consequences in the implementation of the composition of judges in the settlement of forest criminal cases based on the legislation. The method used is normative legal research. Data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. In this study the data were analyzed qualitatively and in drawing conclusions the authors applied the method of deductive thinking. Based on the results of the research, it is known that the implementation of the composition of judges in the settlement of forest criminal cases based on the legislation that the existence of the composition of judges based on the legislation against the perpetrators in the law is recognized in practice.
29
Sharma, Vandana, and Smita Chaudhry. "An Overview of Indian Forestry Sector with REDD+ Approach." ISRN Forestry 2013 (July 24, 2013): 1–10. http://dx.doi.org/10.1155/2013/298735.
Full textAbstract:
Forest ecosystems cover large parts of the terrestrial land surface and are major components of the terrestrial carbon (C) cycle. The primary objective of REDD+ is to minimize the carbon emissions from deforestation in developing countries and enhance their carbon storage capacities through sustainable management programme. The recognition of REDD+ throughout the international community, its support by donors and promotion in the perspectives of the UNFCCC negotiations are mainly due to vital functions of forests in regulating the world’s climate. This paper gives an overview of REDD+ approach and its methodological guidance in context of Indian forestry sector. The strengthening of governance arrangements and institutions in India needs to integrate learning through piloting, adaptive management, and knowledge transfer. A phased approach for India for REDD+ implementation having safeguards for local communities and biodiversity along with a system of their reporting and capacity building has to be developed. Successfully designed REDD+ implementation in India entirely depends on a rigid, scalable, and reliable finance mechanism, technological assistance, and effective forest-related legislation along with transparent and equitable political momentum which has support of core stakeholder groups.
30
Rajadhyaksha, Meghna. "Mergers and Amalgamations in India: Protecting Labour in Times of Change." International Journal of Comparative Labour Law and Industrial Relations 23, Issue 3 (September 1, 2007): 375–99. http://dx.doi.org/10.54648/ijcl2007018.
Full textAbstract:
This article studies the law protecting workers during the merger or amalgamation of a company in India. It discusses the provisions of company law and labour law that operate in the area, with a discussion of case law on the point. The author finds that in light of the constitutional provisions in India, that favour protection of labour interests, the law is indeed inadequate and recommends the reform of corporate and labour legislation to provide for consultation requirements, participation of the workers and protection of their interests on transfer to the amalgamated company.
31
Das, Deb Zyoti, and Bhanu Singh Rohilla. "Conflicting Interests of Legislators in India: An Exploratory Study." Journal of Law and Legal Reform 1, no. 4 (July 31, 2020): 605–16. http://dx.doi.org/10.15294/jllr.v1i4.39867.
Full textAbstract:
Law governs society and evolves with it as time progresses. The process of evolution is a complex, continuous and an integrated cycle of different, moving spheres of life. With the evolution of society, there arises a need for laws to govern the new behaviors generated by such evolution. Hence, law-making bodies such as parliaments of countries and states move and aspire to regulate; and mold the behavior of their subjects and citizens in order to avoid, resolve and suppress chaos and maintain the proper and smooth functioning of the society at hand. Persons involved in the law-making process are also party to the society and hence influenced by their circles and spheres of society. The interests of a particular legislator could be varied enough to put a significant effect on the piece of legislation he is working on that will, in future most probably guide the whole nation. With the party based Indian politics, it becomes more difficult for a legislator to serve the interests of the nation before the command and interests of the political party that the Legislator represents. It is thus imperative for us to understand the difficulties and constraints that a legislator face when he drafts or prepares Legislation or is involved in a law-making process. This article explores and describes the scenario in India elaborately.
32
Ekroos, Ari. "Forests and the Environment - Legislation and Policy of the EU." European Energy and Environmental Law Review 14, Issue 2 (February 1, 2005): 44–57. http://dx.doi.org/10.54648/eelr2005006.
Full textAbstract:
Summary: Forest law and policy has traditionally been managed only at national levels. As traditional forest law dealt with logging-related issues from the macro- and micro-economical point of view, the new global and European approach to the forest is heavily environmentally emphasised with matters such as biodiversity and climate change. Environmental issues have had significant influence on the whole forestry sector and it has been forced to take environmental issues into account. This article introduces various policy actions and pieces of EU legislation related to environmental matters that are important from the forest point of view. The author looks at forest and forest functions and international policy development in a general introduction before beginning an examination of policy issues contained in forest-related policy papers of the EU. He then outlines protection-related issues that can mostly be described legislative matters contained in EU legislation and goes on to focus on sustainable use of the forest in relation to tropical forestry and illegal logging before offering some conclusions, including the suggestion that the deepened and enlarged EU might need even more harmonised forestry legislation to ensure that the requirements are alike in the whole of the EU.
33
Borkakati, Santosh, and Singh Gyanendra. "Fiscal responsibility law and subnational finance in India: An analysis of Assam's fiscal scenario." Ekonomski horizonti 23, no. 1 (2021): 71–84. http://dx.doi.org/10.5937/ekonhor2101071b.
Full textAbstract:
Fiscal responsibility law has become an important instrument for better fiscal management and ensuring fiscal discipline, particularly so in the federal countries where their subnational governments often indulge in fiscal indiscipline. In 2003, India adopted the Fiscal Responsibility and Budget Management Act for rule-based fiscal discipline, and the states of India were also asked to adopt their own fiscal rule legislation in line with the legislation adopted by the central government. As a fiscally weak Indian state, Assam enacted the Assam Fiscal Responsibility and Budget Management (AFRBM) Act in 2005 for better fiscal management. The paper attempts to examine the impact of the AFRBM Act on the fiscal performance of the state by analyzing the dynamics of the fiscal variables in the pre and post-AFRBM Act periods. The study finds that the state has improved its fiscal condition after the introduction of the AFRBM Act, even though it has remained prone to fiscal shocks.
34
Silva, Liliane Garcia da, Bruno Araujo Furtado de Mendonça, Eliane Maria Ribeiro da Silva, and Márcio Rocha Francelino. "Atlantic Forest scenarios under the parameters of forestry laws." Ciência e Agrotecnologia 42, no. 1 (February 2018): 21–32. http://dx.doi.org/10.1590/1413-70542018421003417.
Full textAbstract:
ABSTRACT Remote sensing allows for identification of regularities and irregularities in land use and land coverage (LULC) change in relation to environmental legislation. The aim of this study was to delimit scenarios in the permanent preservation areas (PPAs) according to the Brazilian forestry law, with or without consolidated uses in the basin of Capivari River and the State of Rio de Janeiro in the Atlantic Forest biome. Mapping and analysis were performed on LULC in areas of permanent preservation using the following data: RapidEye-REIS satellite scenes acquired in 2012 and Bhattacharyya distance classifier and hydrography of the basin and digital elevation model (1:25.000) using Spring and ArcGIS software. The legal scenarios adopted were as follows: I) Federal Law N°. 4,771/1965 and the National Council for the Environment (CONAMA) N°. 303/2002; II) Federal Law N°. 12,651/2012; and III) Federal Law N°. 12,651/2012 and N°. 12,727/2012. The classification presented an excellent overall accuracy of 91.15% and a Kappa Index of 0.86 in relation to the samples of the six multipurpose classes having the anthropic uses of agriculture, burned pasture, exposed soil and urbanization, which were present with conflicting uses for Scenarios I, II and III. The new forest legislation for the PPAs of Scenario III impacted the reduction of 68% compared to Scenario I, which corroborates with the concerns on the conservation of water and soil resources.
35
Sigamany, Indrani. "Land rights and neoliberalism: an irreconcilable conflict for indigenous peoples in India?" International Journal of Law in Context 13, no. 3 (December 28, 2016): 369–87. http://dx.doi.org/10.1017/s1744552316000392.
Full textAbstract:
AbstractDoes legislation that grants land rights necessarily ensure justice? The Forest Rights Act of 2006 (FRA) in India, a landmark social justice law, aims to enhance land security for forest peoples. Increasingly displaced by development and extractive industries that intensify impoverishment, indigenous peoples in India should, with the FRA, be able to protect their land, their livelihoods and their culture. Continued government violations of forest land rights in the name of development highlight that economically vulnerable populations lack the power to take advantage of legislation. I examine the tension of current indigenous land struggles in the context of the legal frameworks of the FRA and the neoliberal culture of India.
36
Ramesh, Aditya. "Custom as Natural: Land, Water and Law in Colonial Madras." Studies in History 34, no. 1 (November 13, 2017): 29–47. http://dx.doi.org/10.1177/0257643017736402.
Full textAbstract:
In 1865, the Madras government enacted a legislation, the Irrigation Cess Act, designed to allow it to extract revenue from water as separate as that from land. However, as emphasized by many commentators, this pithy legislation was far from comprehensive in its definition of government powers over water. Faced with resolute opposition from zamindars to any further legislation that would centralize control over water resources as well as powers to levy fees over water use to the government, the Madras state was forced to confront zamindars in court over the interpretation of the Irrigation Cess Act. In 1917, the Privy Council, the highest court in the land, delivered a landmark judgement in resolution of a dispute between the Madras government and the Urlam zamindari. The Urlam case, this article argues, lends a new perspective to historiography on custom and the environment in colonial India. The Privy Council judgement rendered custom a physical, historically reified, and ‘natural’ quality, simultaneously within and outside the encounter between labour and nature.
37
Wagner, Stefan. "Verfügungsrechte vertraglich regeln: ein Modell zur Vermeidung von Umweltkonflikten?" Schweizerische Zeitschrift fur Forstwesen 163, no. 1 (January 1, 2012): 29–35. http://dx.doi.org/10.3188/szf.2012.0029.
Full textAbstract:
Contractual regulation of property rights: a model for avoiding environmental conflicts? The article presents “The problem of social cost” by Coase within the current legal context. It illustrates the challenges, which the purely market-oriented solution to environmental conflicts is confronted with. Thereafter, it outlines the application area of the solutions bound by contracts in nature conservation legislation, hunting and forest law.
38
Olajos, István. "Creation of Family Farms and its Impact on Agricultural and Forestry Land Trade Legislation." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 17, no. 33 (December 22, 2022): 105–17. http://dx.doi.org/10.21029/jael.2022.33.105.
Full textAbstract:
In the next article, I would like to summarise how the fundamental law on family farms, which entered into force in 2021, had an impact on the established rules of Transaction of agricultultral and forestry land in Hungarian law.
39
Paterson, Alexander. "Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018." South African Journal of Environmental Law and Policy 26 (2020): 134–60. http://dx.doi.org/10.47348/sajelp/v26/a5.
Full textAbstract:
The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.
40
Sokolov, V. A., O. P. Vtyurina, N. V. Sokolova, and Y. N. Zakharinskiy. "On improvement of the Russian forest legislation." Interexpo GEO-Siberia 4 (May 18, 2022): 235–42. http://dx.doi.org/10.33764/2618-981x-2022-4-235-242.
Full textAbstract:
Paradigm of sustainable forest management should be the basis of forest policy strategy. Forestry is a branch of production industry in which the rules of a market economy apply. Within this framework, the Russian forest legislation and forest management should be adapted. The exhaustion of economic growth based on extensive exploitation of forest resources is the greatest challenge in the field of forestry from the viewpoint of scientific and technological development. To reform the Russian forest policy and forest legislation should be prompt response to this challenge should be. Scientific and technological conceptual foresight based on the analysis of global trends in forestry development is one of the key techniques for achieving an effective forest management system. At the same time, backcasting of the forest fund for the maximum possible time period is especially important, which makes it possible to identify trends in changes under the natural and anthropogenic factors. The novel forest legislation should be aimed at achieving sustainable use of the entirety of social, environmental and economic functions of forests to ensure meeting the various needs of society. The concept of the draft Basic Forest Law of the Russian Federation are proposed. The new Forest Code should handle forest relations in all forests, not only in the forest fund, and should extend over all forest owners and forest users.
41
Karnad, Divya. "Navigating customary law and state fishing legislation to create effective fisheries governance in India." Marine Policy 86 (December 2017): 241–46. http://dx.doi.org/10.1016/j.marpol.2017.09.002.
Full text
42
Nielsen, Kenneth Bo, and Alf Gunvald Nilsen. "Law Struggles and Hegemonic Processes in Neoliberal India: Gramscian Reflections on Land Acquisition Legislation." Globalizations 12, no. 2 (July 11, 2014): 203–16. http://dx.doi.org/10.1080/14747731.2014.937084.
Full text
43
Feldman, Jay. "The U.S. Federal Pesticide Law: Why It Is Not Protecting Users and the Public, and the Need for Legislative Action." Arboriculture & Urban Forestry 11, no. 3 (March 1, 1985): 76–79. http://dx.doi.org/10.48044/jauf.1985.019.
Full textAbstract:
While pesticides have been credited with enhancing the nation's general quality of life, the dramatically rising use of toxic chemicals also irreversibly tampers with the delicate ecological balance, often threatening society's human and environmental health. The existing statutory and regulatory program governing pesticide registration and use does not assure the public, users and consumers alike, that marketed products are indeed safe. A review of the U.S. Environmental Protection Agency's pesticide program and its authorizing legislation, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), reveals numerous problems such as: faulty product safety test data; inadequate health and environmental effects test data; back door product registration allowing the continual and expanded marketing of untested or poorly tested pesticides, and; poor enforcement of the law. Legislation has been introduced in the U.S. Congress, entitled the Federal Insecticide, Fungicide and Rodenticide Reform Act (H.R. 3818 and S. 1774), which would put in place a system of controls that by their very nature would provide the assurances of safety that the public wants and deserves.
44
Mathur, V., and P. Musyuni. "PLANT VARIETY PROTECTION LEGISLATION: OVERVIEW OF AN INDIAN AND AFRICAN PERSPECTIVE." International Journal of Drug Regulatory Affairs 2, no. 1 (February 11, 2018): 12–17. http://dx.doi.org/10.22270/ijdra.v2i1.120.
Full textAbstract:
Plant Variety Protection (PVP) legislation provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders to encourage the development of new varieties of plants. The TRIPS agreement has established the minimum standards for protection and enforcement of plant varieties by the each member country. TRIPS left to each country’s discretion whether to protect new plant varieties by means of patent or by effective sui generis system or by any combination thereof. In India and Africa protection to new plant varieties is provided through PVP Acts. This paper discusses the salient features of the PVP laws of these countries. The PVP law affects the agriculture based economy in countries such as India and Africa in a significant way, thus, economic implications of this law are discussed herein.
45
Frolova, Evgenia E. "LEGAL REGULATION OF INTERNET BANKING IN INDIA." RUDN Journal of Law 23, no. 3 (December 15, 2019): 351–74. http://dx.doi.org/10.22363/2313-2337-2019-23-3-351-374.
Full textAbstract:
The features of the legal regulation of Internet banking in India are investigated. Internet banking is gradually replacing the use of cash, checks, and, most importantly, customers who personally come to bank offices: according to statistics, the total amount of transactions in the digital payments segment of India in 2019 will be $ 64.775 billion. USA. Electronic banking is a generic term for the provision of banking services and products via electronic channels, such as telephone, Internet, mobile phone, etc. The main regulatory act regulating Internet banking in India is the Information Technologies Act 2000, which provides for legal recognition of electronic transactions and other means of electronic commerce. In addition to the new law, the norms of traditional banking legislation also apply to Internet banking. The main financial regulator of India the Reserve Bank - also provides direct management of Internet banking: it developed guidelines for Internet banking in India in 2001; as well as the Mobile Banking Guide, which was transformed into the Mobile Banking Master Circular51 in 2016. The rights of consumers of Internet banking services are protected on the basis of the Consumer Protection Act 198652, which defines the rights of consumers in India and also applies to banking services. India’s law is based on case law, and in this regard, a number of new case law on disputes between banks and their customers in the field of Internet banking has been studied. However, in the legislation, the article notes, there are a number of gaps related primarily to ensuring the safety of online banking. Information security in electronic banking represents two main areas of risk: preventing unauthorized transactions and maintaining the integrity of customer transactions. When writing the article, general scientific methods of cognition were used: dialectical, hypothetical-deductive method, generalization, induction and deduction, analysis and synthesis, empirical description; private scientific methods were also used: legal, dogmatic, statistical, comparative legal analysis, and others.
46
Bapna, Niharika. "Plain Language Drafting: A Study of the Laws of India (2009–17)." Statute Law Review 41, no. 3 (November 15, 2018): 348–77. http://dx.doi.org/10.1093/slr/hmy022.
Full textAbstract:
Abstract The relation between the threat to rule of law in India and its poorly drafted legislation may not be obvious at first. And yet clear, intelligible laws have been the premise for the success of rule of law. There is little research done in the field of plain language legislative drafting in India. This article analyses three important elements of plain language drafting in nine Indian statutes passed in the last decade. They are as follows: arrangement of provisions, marginal notes, and sentence structure. Each of the selected nine statutes impacts the rights of vulnerable groups. Thus, the need to make these statutes comprehensible by drafting them in plain English is important. By suggesting ways to simplify the language of the nine statutes, this article asserts that these plain language drafting techniques must be adopted by Indian legislative drafters.
47
Keel, Alois, and Willi Zimmermann. "Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court." Schweizerische Zeitschrift fur Forstwesen 160, no. 9 (September 1, 2009): 263–74. http://dx.doi.org/10.3188/szf.2009.0263.
Full textAbstract:
With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.
48
Pötzelsberger, Elisabeth, Katharina Lapin, Giuseppe Brundu, Tim Adriaens, Vlatko Andonovski, Siniša Andrašev, Jean-Charles Bastien, et al. "Mapping the patchy legislative landscape of non-native tree species in Europe." Forestry: An International Journal of Forest Research 93, no. 4 (June 3, 2020): 567–86. http://dx.doi.org/10.1093/forestry/cpaa009.
Full textAbstract:
Abstract Europe has a history rich in examples of successful and problematic introductions of trees with a native origin outside of Europe (non-native trees, NNT). Many international legal frameworks such as treaties and conventions and also the European Union have responded to the global concern about potential negative impacts of NNT that may become invasive in natural ecosystems. It is, however, national and regional legislation in particular that affects current and future management decisions in the forest sector and shapes the landscapes of Europe. We identified all relevant legal instruments regulating NNT, the different legal approaches and the regulatory intensity in 40 European countries (no microstates). Information on hard and effective soft law instruments were collected by means of a targeted questionnaire and consultation of international and national legislation information systems and databases. In total, 335 relevant legal instruments were in place in June/July 2019 to regulate the use of NNT in the investigated 116 geopolitical legal units (countries as well as sub-national regions with their own legislation). Countries and regions were empirically categorized according to ad hoc-defined legislation indicators. These indicators pay respect to the general bans on the introduction of non-native species, the generally allowed and prohibited NNT, approval mechanisms and specific areas or cases where NNT are restricted or prohibited. Our study revealed a very diverse landscape of legal frameworks across Europe, with a large variety of approaches to regulating NNT being pursued and the intensity of restriction ranging from very few restrictions on species choice and plantation surface area to the complete banning of NNT from forests. The main conclusion is that there is a clear need for more co-ordinated, science-based policies both at the local and international levels to enhance the advantages of NNT and mitigate potential negative effects.
49
Siegel, William C., and Terry K. Haines. "State wetland protection legislation affecting forestry in the northeastern United States." Forest Ecology and Management 33-34 (June 1990): 239–52. http://dx.doi.org/10.1016/0378-1127(90)90196-i.
Full text
50
Gola, Swati. "One step forward or one step back? Autonomy, agency and surrogates in the Indian Surrogacy (Regulation) Bill 2019." International Journal of Law in Context 17, no. 1 (February 16, 2021): 58–74. http://dx.doi.org/10.1017/s174455232100001x.
Full textAbstract:
AbstractThe Indian government has recently introduced legislation to regulate ‘altruistic’ surrogacy while banning ‘commercial’ surrogacy amidst the criticism that India has become the ‘baby factory’. In the past decade, academic discourse has raised socioethical and legal issues that surfaced in the unrestricted transnational commercial-surrogacy industry. Most of the literature and ethnographic studies centred on the issues of informed consent, autonomy, decision-making and exploitation. With the proposed legislation, the Indian government has shown its will to regulate surrogacy, including the medical intermediaries as well as the contract between the intending parents and the surrogate mother-to-be. The present paper addresses the legal and socioethical context in which India introduced the Surrogacy (Regulation) Bill 2019. It examines the extent to which the proposed law responds to the legal challenges and socioethical concerns that surfaced in the course of unregulated transnational commercial-surrogacy arrangements in India. It argues that, even though the proposed legislation addresses and responds to some of the legal and ethical concerns such as informed consent and legal parentage, it stops short of ensuring the welfare and well-being of the surrogate. Second, the legal certainty of parentage and the child's rights comes at the cost of the physical and psychological well-being of the surrogate. Finally, it argues that, by presupposing the surrogate as an autonomous agent and yet imposing the requirement of marriage, the Bill overlooks the sociocultural realities of patriarchal hierarchies entrenched in Indian society – that, in its conception of ‘family’, the focus on the ‘traditional’ family not only presents a narrow view of the heteronormative family and perpetuates the patriarchal notions of gender roles, but also fails to take into consideration maternal pluralism in surrogacy arrangements, undermines the modern family and, above all, discriminates against the single person's and lesbian, gay, bisexual, transgender, and queer (LGBTQ) communities’ right to found a family. Since many countries that served as centres for international commercial-surrogacy arrangement (such as Cambodia, Thailand and Nepal) have recently started to take steps to prohibit or limit transnational surrogacy arrangements, the analysis of Indian law in the present paper will provide a useful context within which these countries can effectively regulate surrogacy while safeguarding the surrogate's rights and interests.