DLC IMAGE: PRATIBIMBO

Understanding the Martial race theory and its effect on Social life with special reference to Nepali community

2024-07-29T15:37:59+00:00

By the end of Anglo- Nepalese war of 1814, the British officials admired the courage and braveness of Nepalese and decided to recruit them into British force. Nepalese who were regarded as Gorkhas were recruited in British military and by the end of 1850; many Gurkha Battalions were created in India. When Indian soldiers revolted against the British East Company during 1857, a new recruitment ideology was adopted by the British Officials called the Martial Race. In late 19th century, Martial race theory became one the most important criteria for recruiting soldiers in British military. The theory was based on physical characteristics and traditional racial prejudices. Though theory was racial but it was also a diplomatic strategy of British in India which created a division of races into two, warrior and non-warrior races. The Gorkhas was categorized into Martial race and the numbers of Gorkhas were recruited in British military not only in India but also for British Empire. Gorkhas of Nepal became important soldiers for the British even in European wars but the community of Nepalese were divided into two due to Martial race. Some few ethnic clans of Nepalese were regarded as warrior tribes and were listed as Martial race whereas Non martial race were those who were unfit for wars were and were regarded as Nepalis by the British. This paper is by no means an exhaustive or conclusive study rather it serves analyses on martial race theory and its effect on social life of Nepali community.

Revisiting the Doctrine of Basic structure: Shankari Prasad to Kesavananda Bharati

2024-07-29T15:55:24+00:00

History shows that constitutions have been repealed many a times in order to suit to the different regimes that ruled these countries. Some of these nations were France, Belgium, Mexico, Greece, Italy, Russia and China to name few. The authors of the modern democratic constitutions knew that the Constitution was intended to serve for generations. Hence they included provisions for making amendments in the Constitution. The authority to add, vary or repeal any constitutional provision vested in a superior legislature like Parliament. This superior legislature could amend by simple majority or by special majority consisting of two-third majority. Article 368 of Constitution of India defines the procedure as well as the power to amend. In India, the power to amend has come into conflict with judicial review. Consequently, the basic structure doctrine today is like a touchstone for testing constitutional amendments violating any fundamental rights. This doctrine has been inspired from Germany. Provisions 1 to 19 are the principles for the foundation law for the nation of Germany. Today, not only in India this doctrine also finds appreciation in neighboring Bangladesh and Pakistan but also in faraway Kenya and Uganda.

The purpose of this study is to analyse as how the basic structure doctrine has evolved from Shankari Prasad to Kesavananda Bharati as the country celebrates 50th Anniversary of this landmark judgment. The study also intends to find out the reasons for evolving the basic structure doctrine by judiciary.

Treatment of the Themes of Sexuality, Identity and Politics in Shyam Selvadurai’s Funny Boy: An Analysis

2024-07-29T16:04:06+00:00

Set against the backdrop of Sri Lanka's turbulent socio-political landscape, the novel Funny Boy by Shyam Selvadurai tells the poignant story of Arjie, as he navigates the complexities of growing up gay in a conservative society. Selvadurai masterfully intertwines personal and political narratives, shedding light on the intersections of individual identity and broader societal forces. This novel explores the intricate interplay of sexuality, identity, and politics. Through Arjie’s journey, the novel delves into the challenges of self-acceptance and the societal pressures that shape and often suppress sexual identity. By situating Arjie’s story within the larger context of Sri Lankan politics, Selvadurai underscores the interconnectedness of personal and political struggles. The novel's portrayal of the Tamil-Sinhalese conflict serves as a backdrop to Arjie’s personal growth, illustrating how political turmoil exacerbates the marginalization of already vulnerable groups, including the gay community. Selvadurai's nuanced narrative invites readers to reflect on the ways in which personal and political realms intersect, influencing and shaping individual experiences and identities. This study examines how Selvadurai portrays the tension between personal desires and societal expectations, highlighting the pervasive influence of heteronormativity and cultural norms on the formation of sexual identity.

A Glimpse of Indian Copyright Laws with a Delineation of its Infringement

2024-07-29T16:13:58+00:00

Indian law provides a kind of intellectual property protection known as copyright. This privilege is bestowed to those who have authored unique literary, dramatic, musical, artistic, cinematic, or sound recording works. All works of original composition are protected by the Copyright Act of 1957. What we mean by "original" here is that there is no evidence of plagiarism. Instead than protecting ideas, copyright rules safeguard how those ideas are expressed.
Through this study, the authors have made an earnest attempt to analyze the copyright laws in India which is an important branch of the Intellectual Property Right (IPR), especially focusing on the Copyright Act, 1957 and its various amendments till date. The necessity and strict application of this branch of law has also been discussed throughout this paper. A few reflections are also there regarding the term of copyright protection in this paper. Besides, a discussion on the infringement of copyright and the reasons for it has also been provided through this write-up. To explain it properly a few important judicial pronouncements have been examined by the authors. Finally, a few workable suggestions are brought out through the concluding remark.

Transition Towards Green Energy in the Energy Sector of India: A Study of Law and Policies

2024-07-29T16:24:06+00:00

The search for “green and clean energy” is viewed as a solution for the energy crisis and a comprehensive response to the challenge posed by climate change. The pursuit of energy from unconventional sources has been recommended as a solution for the issues raised with climate change and address the energy crisis during a period of economic growth and advancement.
The aim to achieve green energy can be strengthened by various ways like reducing carbon footprints, practicing the four R’s and recycling of natural resources. The Indian Government has been deliberately pursuing regulations in ensuring and meeting the goals of Sustainable Development through the green innovation processes whether adopted by different nations or through its own inventive standards.
This article provides a review of the evolution of “sustainable development” and “clean energy” internationally and in India, alongside an examination of the legislative framework concerning renewables within the electricity sector. Through the doctrinal study this article highlights the environmental implications in achieving sustainable growth and ecologically balanced industrial development both nationally as well as internationally.