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All Journal Lex Scientia Law Review Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Niharika Kumar
Faculty of Law, University of Lucknow
Law, Crime, Criminology & Criminal Justice

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Balancing Digital Rights with Environmental Sustainability: A Move Towards Climate Justice Varun Chhachhar; Niharika Kumar
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13679

Abstract

The rapid growth of digital technology has profoundly impacted both human lives and the environment. According to the 2024 Digital Economy Report: Shaping an Environmentally Sustainable and Inclusive Digital Future, India’s global share of screens, computers, and small IT and telecommunication (SCSIT) waste has increased from 3.1% in 2010 to 6.4% in 2022. The United Nations Conference on Trade and Development (UNCTAD) also reported a 163% increase in India’s generation of electronic waste from SCSIT. E-waste, due to the presence of hazardous materials like heavy metals, lead, and mercury, poses significant environmental and health risks, necessitating proper disposal methods. A key challenge is the growing reliance on digital technologies for essential services, such as e-commerce and e-banking. The expansion of human rights to include digital rights has created a conflict between the freedom of expression and the duty to protect the environment, especially regarding climate change. This article explores the extent of dependency on electronic devices, purchasing patterns, and attitudes toward responsible e-waste disposal and recycling. It examines the effectiveness of India’s current legal and policy framework for e-waste management, focusing on the informal sector’s recycling practices, which pose additional risks. Using empirical data collected from working professionals, students, and homemakers, the study finds that while electronic device ownership is widespread, with most respondents owning more than five devices, e-waste disposal practices are largely irresponsible. Discarded devices are often stored rather than recycled or sold to authorized collectors. This indicates a lack of awareness, resources, and proper infrastructure. The findings underscore the need for a comprehensive policy framework that mandates responsible usage and disposal, empowers municipalities with necessary resources, and penalizes illegal recycling practices.
Transgender Persons and Structural Barriers in Criminal Justice: A Comparative Study of India and Indonesia Niharika Kumar; Rajvendra Singh; Shobhit Pratap Singh; Siddharth Chaurasia; Prashant Singh; Ridwan Arifin; Sergi Fernandez Alejandro
Unnes Law Journal Vol. 12 No. 1 (2026): Transforming Law and Protecting Rights: Contemporary Issues in Legal Reform an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.49589

Abstract

This article critically examines the structural and legal barriers faced by transgender (TG) persons within the criminal justice systems (CJS) of India and Indonesia. It systematically inquires into the gaps in substantive criminal laws, procedural safeguards, policing practices, trial process, and prison administration that exclude TG persons in India and Indonesia from access to justice. It focuses on three offence clusters: sexual violence, police violence/custodial abuse, and criminalisation through public order/morality laws. The paper argues that CJS of both the jurisdictions fail to protect TG persons not only because of social stigma or lack of recognition, but because the substantive criminal laws and procedural safeguards are designed around gender-binary notion and are implemented through hostile law-enforcement institutions. This research employs a doctrinal and comparative legal methodology to analyse the treatment of TG persons across three stages of the CJS: pre-trial reporting and investigation, trial, and post-trial prison administration. It contrasts India’s recognition framework- grounded in the landmark NALSA judgement and the Transgender Persons (Protection of Rights) Act of 2019-alongside its criminal law scheme under the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023 with Indonesia’s constitutional guarantees, recent KUHP reforms, Law No. 12 of 2022 on Sexual Violence Crimes, and morality-based regional enforcement. The research concludes that India and Indonesia differ in formal recognition but converge in structural obstacles such as gender-binary penal laws, police violence, and data invisibility. It recommends for substantive legislative reform, stronger implementation mechanisms, and greater institutional accountability to secure meaningful criminal justice protection for TG persons in both the jurisdictions.
Co-Authors Prashant Singh Rajvendra Singh Ridwan Arifin Sergi Fernandez Alejandro Shobhit Pratap Singh Siddharth Chaurasia Varun Chhachhar