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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

International Law/Human Rights
The Great Nicobar Project: Indigenous Rights Viol...
Sreelakshmi. T
International Law/Human Rights8 min
Constitutional Law
The Able Womb Of The Disabled: Reproductive Justi...
Ms. Shalu Sharma
Constitutional Law8 min
Constitutional Law
The Role Of Non-Government Organisations (NGOs) I...
Mbakire Immaculate
Constitutional Law8 min
Corporate Law
Cantonal Autonomy And Federal Balance: The Swiss ...
Adv. Prerana Pramod Gaikwad
Corporate Law8 min
Civil Procedure/ADR
The Digital Land Paradox: Digitisation, Title Cer...
Anushka Acharya
Civil Procedure/ADR8 min
Constitutional Law
A Critical Analysis On Land Rights And Climate Re...
Adv. Rakshandha Darak
Constitutional Law8 min
Technology Law
Leveraging Quantum Computing For Enhanced Cyberse...
Damaraju Praveena
Technology Law8 min
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Digital Due Process and the Right to Explanation

Under Review
Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

Revision Requested
Submitted Nov 28, 2024Updated Jan 11

Judicial Review of Automated Welfare Systems

Accepted
Submitted Oct 14, 2024Updated Dec 19

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International Law/Human Rights

The Great Nicobar Project: Indigenous Rights Violations And Environmental Degradation - A Legal Analysis

The Great Nicobar Project is a large-scale development initiative planned for Great Nicobar Island, the southernmost island of India. This mega-project includes the construction of a major international trans-shipment port, a greenfield airport for both civil and military use, a township, and power plants. The Shompen, a particularly vulnerable tribal group (PVTG) with a population of only around 300, have inhabited this island for centuries, maintaining a degree of isolation. This project poses a significant hazard to their existence due to potential displacement, destruction of their forest-based livelihood, increased exposure to diseases, and cultural disruption, raising serious concerns about their survival as a distinct community. This paper article examines the proposed Great Nicobar Project and its multifaceted legal ramifications for the indigenous Shompen community, a Particularly Vulnerable Tribal Group (PVTG), and the fragile ecosystem of the Great Nicobar Islands. The central legal issues analyzed encompass potential violations of environmental statutes concerning deforestation and biodiversity loss, infringements upon the fundamental rights of the Shompens including rights to equality, information, and life, and non-compliance with international legal instruments such as ILO Convention 16 9 , particularly regarding the principle of Free, Prior and Informed Consent. Furthermore, the article scrutinizes the application of domestic legislation, notably the Forest Rights Act, 2006, and relevant judicial pronouncements. Ultimately, this legal analysis argues for a critical re-evaluation of the Great Nicobar Project to ensure strict adherence to legal frameworks, the safeguarding of indigenous rights, and the imperative of environmental protection within the context of sustainable development .

Sreelakshmi. T & Namitha. N. S
8 min 1
Constitutional Law

The Able Womb Of The Disabled: Reproductive Justice For Women With Disabilities In India

The problem of Women with Disabilities is multi-faceted, involving both identity as a woman in a patriarchal society and their disability. Women with disabilities are often viewed with pity, seen as constantly in need of care and protection, and considered a burden on their caregivers. They are frequently not regarded as full holders of rights within society, as their caregivers are often seen speaking or acting on their behalf. However, it is essential to remember that they are human beings too and they should be able to exercise their basic human rights. Among these are the Reproductive rights, which include the right to procreate, the right to abortion, the right to decide when and with whom to have children, the right to access contraceptive measures, the right to healthcare, the right to opt for or refuse sterilization and many more. These rights are recognized by the International Conventions including the UN Convention on the Rights of Persons with Disabilities (CRPD) [1] and are considered part of the ‘inalienable survival rights’ under the Indian Constitution. They are secured by the Rights of persons with Disabilities (RPWD) Act, 2016. This paper focuses on the reproductive rights of women with disabilities in India and the legislations related to it. It also summarizes the constitutional provisions and the international covenants that mandate the exercise of these rights. Additionally, the social and judicial approaches to the reproductive rights of women with disabilities are discussed. [1] 2006

Ms. Shalu Sharma & Dr. Vandita Chahar
8 min 1
Corporate Law

Cantonal Autonomy And Federal Balance: The Swiss Model Of Decentralized Federalism

The paper studies the case for federalism in Switzerland. While the Switzerland due to its historical reasons called itself a confederation, however in practice it is a federation as in its name itself they have incorporated the word ‘federal constitution’. Switzerland follows a unique model of federalism which is decentralized federalism. Danile Elazar has preferred to call Switzerland as a system of “Self- rule, Shared Rule” which shows the unique decentralization in Switzerland. While Art. 3 of Swiss Constitution guarantees the autonomy of Cantons at the same time it puts the limitation of consistency with federal law. While Art. 49 explicitly mentions the predominance of Federal Law and restricts Cantons from making any provision inconsistent with such law, yet it also restricts Federal Govt. from interfering in the internal matters of Cantons. The paper has studied and critically examined the federalism and Decentralization of power in Switzerland on the basis of Written or Unwritten constitution, Rigidity of Constitution, Independence of Judiciary, Distribution of Power, No. of Constitutions, Amendment Procedure, Citizenship, emergency Provisions, Fiscal Federalism and relation between Confederation, Cantons and Communes. It also contends that the history of Switzerland has played a pivotal role in structuring the constitution and federal structure of Swiss Federalism.

Adv. Prerana Pramod Gaikwad
8 min 14

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