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Forest Conservation and Development in India– An Analysis of the Forest Rights Act, 2006 and Its Impact on the Forest System Sahoo, Prajnee Samedhini; Bang, Sanjay; Sahil, Gurudev
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40530

Development of any kind is seen as a destroyer of the environment. Development affects the environment, ecology and climate. However, it is necessary for the progress of human beings and, consequently, any country. This gave rise to the concept of sustainable development. Sustainable development is development which fulfils the needs of the present generation while protecting the environment for the needs of the future generation. In India, there are many laws protecting and safeguarding the environment. Many of those laws provide exceptional circumstances under which the environment can be harmed. Most of the time, it is for the public's development. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, 2006, recognises the rights of forest dwellers over forest land and forest resources for life, habitation and livelihood. These forest dwellers are required by the Act to conserve the forest. It provides for the management of forest and forest resources for the sustainable use of forest dwellers and, at the same time, the protection of the forest. The Act requires the Gram Sabha to conserve and protect biodiversity, wildlife, and forests. The Act also makes provisions for allocating forest land for development purposes. When the law recognises the right of forest dwellers to reside on forest land, it necessarily follows that development facilities like education, roads and others shall be made available. So, the Act recognises the right of forest dwellers over forests and provides for basic developmental facilities for the use of forest dwellers. This research paper analyses the long-standing conflict between environmental law providing for the conservation of the environment and development. It will critically analyse the Forest Rights Act 2006 provisions on the diversion of forest land and a few Supreme Court of India judgments.

Perceptions of public on justice: a socio-legal analysis of influencing factors Kaushal, Swati; Shrivastava, Vikalp; Sahil, Gurudev; Yadav, Pratishtha
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.422

Public plays a vital part in the administration of justice in a representative society. The role of public to accomplish its accountabilities is also vital for the society to function proficiently. In that sense, to build and sustain confidence of the public, it is relevant to institute congruence of the public opinion and justice administration and its workability. Many aspects are responsible for the perception of crime by the public: socio-economic dynamics; demographic aspects like race, gender, personal beliefs and attitudes; religious orientations; etc. It is also pragmatic that age shows a significant part in varying dynamics of crime and punishment for people. Older age people have been found to favor stern punishments of imprisonment, but the younger are more inclined towards reformatory initiatives. Therefore, policy makers should focus on ameliorating the wrongdoer than putting them behind prison as they are also a member of the society. In other words, they must be rehabilitated by vigorous reformatory processes of the system to reintegrate with the public and to avoid recidivism, which will confirm law and order and prevent future crimes. The paper attempts to analyze and understand various aspects which affect the equilibrium of crime and punishment and its perceptions by the public; regarding this, various aspects that contribute to frame public perception are media, political influence, socio-economic disparities, gender-based perception, attitude of police and cultural narratives; these are all explored. Finally, the paper concludes with suggestions for the improvement of public opinion.

Indian Judiciary on Domestic Violence: Decoding Recent Trend Yadav, Maneesh; Sahil, Gurudev; Yadav, Pratistha; Goel, Ayush
Jurnal Cita Hukum Vol. 11 No. 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36653

The stark malignancy of domestic violence which is also referred as intimate partner violence on the state of women hood can be determined by the prevalence of it in the present society. It bears to push women to the brink and fringes of deemed societal ladders. The brunt of domestic violence lead to exploitation of women be it in the form of physical or be it mental and occurs chiefly in their matrimonial homes. The detrimental effect of this abuse and exploitation regrettably imprints itself not only on the suffering females but to the entire family including children which in turn causes monetary, health and societal issue and concerns. What separates domestic violence from other crimes and abuses is that in Domestic violence there is familial interrelatedness and hence the victim is a known of the complainant. In contrast to the modern trends of raising the bar of rights for women the domestic violence is considered as a major road block and its waning as precursor for the society to bring female rights at par. However, on the other spectrum an alarming fact has been observed by the judiciary about the registration of sham cases against the husband or his family members or both for the purposes of harassment or extorting money. To carry off the said object the complaints are registered by overstating the facts, by addition of conjectures, overplaying the financial conditions of the husband or his family and misrepresenting relevant facts and materials. The supreme court opined in Rajesh Sharma v. State of U.P. that the bulk of the cases are filed impetuously and over trifling matters. To comprehend the say of Indian judiciary on instances of false domestic violence and sham complaints registered by the complainant, secondary data-based research is conducted. Landmark Judgement from the apex court and different High Courts are also analyzed. Endeavor has been made to appreciate the liabilities and legal rights of both the parties in the cases of intimate partner violence which is perpetrated towards one another.

Forest Conservation and Development in India– An Analysis of the Forest Rights Act, 2006 and Its Impact on the Forest System Sahoo, Prajnee Samedhini; Bang, Sanjay; Sahil, Gurudev
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40530

Development of any kind is seen as a destroyer of the environment. Development affects the environment, ecology and climate. However, it is necessary for the progress of human beings and, consequently, any country. This gave rise to the concept of sustainable development. Sustainable development is development which fulfils the needs of the present generation while protecting the environment for the needs of the future generation. In India, there are many laws protecting and safeguarding the environment. Many of those laws provide exceptional circumstances under which the environment can be harmed. Most of the time, it is for the public's development. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act, 2006, recognises the rights of forest dwellers over forest land and forest resources for life, habitation and livelihood. These forest dwellers are required by the Act to conserve the forest. It provides for the management of forest and forest resources for the sustainable use of forest dwellers and, at the same time, the protection of the forest. The Act requires the Gram Sabha to conserve and protect biodiversity, wildlife, and forests. The Act also makes provisions for allocating forest land for development purposes. When the law recognises the right of forest dwellers to reside on forest land, it necessarily follows that development facilities like education, roads and others shall be made available. So, the Act recognises the right of forest dwellers over forests and provides for basic developmental facilities for the use of forest dwellers. This research paper analyses the long-standing conflict between environmental law providing for the conservation of the environment and development. It will critically analyse the Forest Rights Act 2006 provisions on the diversion of forest land and a few Supreme Court of India judgments.

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