Christ University Law Journal

Restorative Justice and Environmental Compensation: A Critical Evaluation of Law and Policy

2024-10-07T04:38:03+00:00

Addressing environmental challenges using the avenue of criminal law through retributive justice, has not been able to address the current ecological urgency for Nature restoration. Restorative justice as an alternative way of addressing environmental crises could prove to be more efficient. The quasi-decriminalization of several key environmental statutes through the Jan Vishwas (Amendment of Provisions) Act, 2023, signifies a departure from the carceral system. Parallel to this development, nature restoration is being solidified through the adoption of the term in many international legal instruments as well as in national laws of other jurisdictions. This paper explores the interplay between restorative justice and restoration with the penalty and compensatory regime established by the Jan Vishwas Act, 2023 and the decisions of the National Green Tribunal. Several obstacles exist in the form of definitional uncertainty, lack of proper methodology for calculating environmental compensation for establishing a restorative justice system aided along with compensation. The lessons from Compensatory Afforestation Fund Management and Planning Authority also beg the question of whether restoration can solely be achieved through environmental compensation.

Reframing Persecutions: A Socio-Legal Analysis of Asylum Claims Based on Climate Change-Induced Conditions

2024-10-08T15:15:13+00:00

Despite international recognition that forced migration is not only a result of conflict or violence, but also a consequence of natural disasters, international protective frameworks such as the 1951 Refugee Convention do not recognise the category of ‘climate refugees.’ Subsequently, there has been an increased debate going on whether to classify the people who are displaced by the impacts of climate change as ‘refugees.’ Legally, the suggestion has been rejected by international institutions stating that ‘climate’ is not one of the five enumerated grounds mentioned in the 1951 Refugee Convention. Subsequently, intentional ‘persecution’ cannot be established in these cases as the effects of climate change are not arbitrary and discriminative in nature. This paper aims to analyse the socio-legal narratives of those persons who seek asylum based on events they attribute to climate change. The intention is to enquire how discussions around ‘persecution’ are framed within the asylum tribunals and probe if the definition can be expanded to include climate-affected persons. This needs to be analysed because forced displacement due to climate-induced conditions is an immediate humanitarian crisis affecting the world. Yet lack of legal acknowledgment has left the affected population in a state of uncertainty.

Need for a Circular Economy to Manage E-Waste: An Analysis of Indian Legal Regime

2024-10-03T18:18:53+00:00

As per the Global E-waste Report 2020, approximately 53.6 million metric tonnes of E-waste were generated globally in 2019, which is expected to exceed 74 Mt by 2030. Asia ranks in first place for the quantity of e-waste generated in 2019, followed by the American, European, and African continents. At the global level, India has moved from fifth to third in generating e-waste. To address this issue India has launched various programs, including policy regulations for environmental protection. The Electronic Waste (Management and Handling) Rules, 2011 was one such great move to manage e-waste scientifically, and the E-Waste (Management) Rules, 2022 replaced the old Rules. In this context, this study tries to examine the importance of scientific e-waste management strategies, basic regulatory standards adopted by other countries, and a critical review of the laws existing in India. The study finds that, though India revised the E-waste Management Rules recently, it failed to incorporate various fundamental concepts like circular economy, reverse logistics, right to repair, and incentives for consumers and producers to properly manage e-waste. The paper also aims to give a comparative analysis of E-Waste (Management) Rules 2016 and 2022. On the basis of the research, the paper recommends adopting a more comprehensive approach where all stakeholders, including the informal sector dealers and dismantlers are identified and responsibilities are assigned to them. A regulatory shift towards upstream e-waste management is also recommended for developing ecologically sustainable EEE electrical or electronic equipment for the future.

Mitigating the India-Pakistan Maritime, Humanitarian, and Environmental Adversities with respect to Sir Creek

2024-08-22T03:35:57+00:00

Sir Creek, an ecologically vital area abundant in marine life, sustains coastal communities primarily composed of fishermen whose traditional and economic ties are deep-rooted in the region. The recent surge in the river mouth industrialization along the Gujarat coast has led to heightened pollution and a rise in temperature by over four degrees Celsius in the coastal waters, directly impacting the marine ecosystem. The consequent decline in marine life in the coastal areas of Gujarat has compelled fishing communities to venture deeper into the sea, risking inadvertent trespass into the territorial waters of Pakistan. Presently, a concerning number of fishermen, 184 Indians and 81 Pakistanis, are in prisons across borders due to such incidents. These innocent fishermen get embroiled in a situation with either country continuously trying to establish territorial sovereignty. Furthermore, the prisoners on both sides face a violation of the Vienna Convention on Consular Relations, 1963, and the India-Pakistan Agreement on Consular Access, 2008. The prolonged detention and in-custody deaths of Indian and Pakistani fishermen have given rise to an acute and entirely preventable humanitarian crisis. This paper uses a qualitative methodology to delve into judicial pronouncements, statutes, international treaties, reports, and academic literature and outlines an action plan to mitigate the maritime, humanitarian, and environmental adversities plaguing Sir Creek and its surrounding region.

Use of Nanomedicine and the Ethico-Legal Challenges for the Indian Healthcare System

2024-09-26T10:27:12+00:00

Nanotechnology has made a tremendous impact across a wide range of scientific fields. In recent years, the application of nanotechnology has significantly expanded, with one of its most notable applications being in the field of medicine, known as nanomedicine. The use of nanomedicine has made a revolutionary change in the diagnostics and treatment of major diseases such as cancer and cardiovascular problems. But, like any other technological advancement, the field of nanomedicine also confronts various ethical dilemmas concerning safety and toxicity. This paper addresses the ethical concerns in the application of nanomedicine. However, the major challenge regarding nanomedicine is in terms of its governance, because of its rapid advancement and multidisciplinary nature. In India, there is a lack of specific legislation governing nanomedicine. Consequently, due to its therapeutic nature, the existing legislation concerning pharmaceuticals regulates the aspects of nanomedicine. This paper aims to explore the diverse applications of nanotechnology in the healthcare sector and critically evaluate the efficiency and adequacy of existing legislation in regulating this innovative field.