Papers by Dr. Shashi Nath Mandal
Intellectual property rights a case study with special reference to infringement of copyright in India
Copyright Law: Cases and Materials
Cuadernos de Lingüística Hispánica, 2021
Las ideologías relacionadas con la identidad latinx son centrales en la instrucción de la lengua ... more Las ideologías relacionadas con la identidad latinx son centrales en la instrucción de la lengua de herencia (LH) (Leeman et al., 2011). Sin embargo, la instrucción de herencia temprana estaba enfocada principalmente en adquirir la norma estándar (Leeman, 2012). ¿Cuáles son las ideologías actuales tanto en el aula de segunda lengua (SL) del español como en la de herencia? Este artículo intenta describir las ideologías lingüísticas en el aula, el valor del inglés, el uso del spanglish y cómo los educadores pueden potenciar actitudes positivas a través de la conciencia cultural y las ideologías de translenguaje para promocionar la justicia social luchando contra las ideologías hegemónicas.
SSRN Electronic Journal, 2011
Oldage is an indispensable stage of life of a human being which a man cannot refute except untime... more Oldage is an indispensable stage of life of a human being which a man cannot refute except untimely death. The childhood and oldage are natural reliant conditions of life where children depend on parents and vice-versa. The concept of nuclear family affected this usual cycle resulting in misbalance of the normal life of elderly people by defeating thousand years old practice of India where parents are treated as a pious form of God. Nowadays, the parents are becoming burdensome for their child whenever they lost their strength to work and earn. Available legal, social, moral and governmental norms are analyzed in this article to find out the possible ways by which elderly people's human rights are infringed and they bound to suffer pain and agony. The article also reflects the available laws, policies and guidelines for the protection of the rights of oldage person in India.
Trafficking in Women and Children: A Socio-Legal Challenge
SSRN Electronic Journal, 2009
Trafficking, is a curse in the civilization of this age. In one place we are climbing on moon to ... more Trafficking, is a curse in the civilization of this age. In one place we are climbing on moon to settle down by our technological and scientific development, on the other hand on the same platform a remarkable numbers of people involved in flesh business denying all the advancement of the time. Lots of reasons or factors are available which are consider to be the sole cause of the trafficking in women and children but many experts divided entire factors into two groups i) The Push Factors and ii) The Pull Factors. The consequence of any immoral and unethical practice cannot be the happiness and prosperity and the nation. The practice of trafficking in women and children is become a pest which we are bearing. The trafficking is now a days has both a human rights and developmental issue and thus this practice has long listed consequences. Trafficking of women and children has become such a rampant crime. Most governments are doing what they can to fight it within its locality and at the same time the global community is also doing its part. Non government groups and Government agencies have taken up several strategies to try and fight off this problem.
Protection of Consumers' Right Through Judicial and Extra Judcial Mechanism in India
SSRN Electronic Journal, 2009
The battle for consumer protection has to be fought by many agencies. The Government has to play ... more The battle for consumer protection has to be fought by many agencies. The Government has to play an important role, by enacting suitable laws and enforcing them effectively. India has been observing 15th March since 1989 as the National Consumers‘ Day. This day has a historic importance as it was on this day in 1962, that the Bill for Consumer Rights was moved in the US Congress. Steps have been taken by the Government of India by way of enactment of various Acts and other measures to help consumers. Indian Penal Code, Standards of Weights and Measures Act, Motor Vehicle Act, are some of the Acts. Despite these Acts, the fact remains that very little could be achieved in the field of consumer protection. A major breakthrough came during 1986 when Parliament passed a law for Consumer Protection Act -1986. Three-tier quasi-judicial machinery at the district, state and national levels was set up with a view to provide speedy and simple redressal to consumer disputes. The District Forum deals with the cases involving claims upto Rs. 20 lakhs, the State Commission between Rs.20 lakhs to one crore and the National Commission deals with the cases involving claims exceeding Rs. one crore. The objective of the consumer courts is to ensure speedy justice to the consumers against various malpractices and negligence without involving any cost, as no court fees is charged. Consumer courts have been set up as special courts, as it was expensive and time consuming to get justice through civil courts. The Consumer Protection Act, which has been defined as - the Magna Carta of Consumers‖, spells out six consumer rights: Right to Safety, Right to Information, Right to Choice, Right to Representation, Right to Redress, and Right to Consumer Education. India has the biggest consumer movement today due to the efforts of consumer organisations and the establishment of consumer courts. India is the only country in the world which has exclusive courts for consumer redressal. This has been internationally praised including the developed countries. The Consumer Protection Act (COPRA) has succeeded in bringing about fair play in the supply of goods and services to a large extent. The Act applies to almost all goods and services. Still, the present scenario is not very encouraging. Unfortunately the consumer courts have become replica of legal courts, as the procedure is no longer simple and quick. The consumer redressal process is relatively cumbersome and more expensive and time- consuming than desired. The process involves engaging a professional personnel, requires time for filing the case and attending the court proceeding and certain other formalities like producing the bill, warranty cards etc. These procedures need to be made simpler and quicker for making the process more meaningful and realistic.
Protection of Consumers’ Rights: A Socio-Legal Challenge in India
SSRN Electronic Journal, 2010
Abstract: In modern era the consumers are called the king of the market but this concept of consu... more Abstract: In modern era the consumers are called the king of the market but this concept of consumer field is not beyond a shadow of doubt because in reality the consumers are still the most deprived part of the market and are in a disadvantageous position due to non-...
Human Rights Law as a Device to Protect Copyright
SSRN Electronic Journal, 2011
Abstract: Copyright is initially protection of original creation of human intellect but nowadays ... more Abstract: Copyright is initially protection of original creation of human intellect but nowadays it become indispensable for a civilised society as human being need somehow someone's creations at every moment of life. The present article endeavour to take up the balancing ...
Corruption is an ancient issue and it is a global problem which poses a serious threat to the dev... more Corruption is an ancient issue and it is a global problem which poses a serious threat to the development of a country and its people. From the post-Vedic era to the post-modern era India has been one of the worst affected countries from the ill effects of corruption. Corruption prevails in India in almost all spheres and walks of life. In India, the existing anti-corruption laws are either to regulate the conduct of Public Servant or intervene into the post-corruption cases though investigations. This article provides a tour of the national legal framework regarding corruption and seeks to address the position of anticorruption regulations in India aimed at combating corruption. It will deal with three aspects, at the first part, the Prevention of Corruption Act, 1988, which is India's principal legislation against corruption, is basically thirsting upon the control on the public servants from accepting or soliciting illegal gratification in the discharge of their official functions. Secondly, the laws to control corruption with various established investigating agencies and Lokpal and Jan Lokpal Bill. The third part outlines the problems and challenges of Indian anti-corruption laws and agencies in preventing corruption besides forwarding certain recommendations for the better regulation of the problem in India.
The environment has always got a special position in human civilization, but the forms are differ... more The environment has always got a special position in human civilization, but the forms are different. Initially, it was a subject of prayer, when the trees, fire, water was worshiped by the people throughout the globe. In the passage of the and change in the lifestyle of the people, lower attention was given on environment and its protection, rather it started violating general norms of the environment in the name of development, industrialization, urbanization etc. Finally, the world civilization has awakened and has taken various commitments and adopted lots of resolutions at international as well as national level. The thought behind the commitments is not only to save the environment by adopting laws for the present generation but to keep the environment safe and protected so the future generation can also survive. Various legal frameworks have been adopted in order to enjoy the environment and protect the environment for the future generation without compromising for the present population globally. Indian judicial system has also contributed remarkably in this pious venture and issued lots of guidelines and principles in the line of international commitments and social welfare at large. In this paper, the subject will be analysed taking a reference to the various decisions of the Supreme Court and High Courts, besides relevant national legal provisions in regard to the environment protection, sustainable development and response of Indian judiciary therein.
E-Consumers Protection in India
Growing practice of electronic transactions includes both e-commerce and econsumers. Lack of prop... more Growing practice of electronic transactions includes both e-commerce and econsumers. Lack of proper policy standard and specific laws regulating electronic transactions of consumer and numerous cases reported through print media as well as electronic media necessitated the measures for the protection of electronic consumers. In the process of ecommerce e-consumers are looking forward for appropriate consumer protective regulations for the protection of their rights on e-transactions. In this article endeavour has been made to assess and device or improve the existing laws or policies apart from analysis and comparison of usefulness of e-consumers protective mechanism for the protection of consumer’ rights and keeping in view of Consumer Protection Act, 1987 and Contract Act, 1872 in India the article attempts to find out the possible ways for the protection of e-consumers’ rights in general and rights of Indian e-consumers in particular.
Genetic and Non-Genetic factors affecting body weight of buffaloes
Veterinary World, 2010
... 1. Jawarkar, KV and Johar, KS (1975). A study on some increase in body weight upto third pari... more ... 1. Jawarkar, KV and Johar, KS (1975). A study on some increase in body weight upto third parity as observed in of the body measurements on Murrah buffaloes. Indian J. Dairy Sci., 28 (1) : 54-56. the present investigation revealed that skeletal maturity 2. Johari, DC and Bhat ...
Protection of E-Consumers' Rights in Electronic Transaction
Abstract: Growing practice of electronic transactions includes both e-commerce and e-consumers. L... more Abstract: Growing practice of electronic transactions includes both e-commerce and e-consumers. Lack of proper policy standard and specific laws regulating electronic transactions of consumer and numerous cases reported through print media as well as ...
Protection of Human Rights of Old Age Person: A Dynamic Perspective
Abstract: Oldage is an indispensable stage of life of a human being which a man cannot refute exc... more Abstract: Oldage is an indispensable stage of life of a human being which a man cannot refute except untimely death. The childhood and oldage are natural reliant conditions of life where children depend on parents and vice-versa. The concept of nuclear family and ...
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Papers by Dr. Shashi Nath Mandal