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Immigration vs Refugees: Legal practices followed by countries adjacent to crisis-driven land

Articles

 

Abstract

The topic of immigration and refugees presents a complex interplay of legal practices within countries situated adjacent to crisis-driven landscapes. This abstract examines the legal approaches adopted by such nations to address the influx of migrants and refugees. Amidst global crises, countries near conflict zones, natural disasters, or socio-political instability often witness significant population movements. This abstract investigates the divergence and convergence of legal frameworks applied to immigration and refugee reception.

In this study, an analysis of diverse countries’ policies, including those in proximity to crisis-driven lands, is conducted to discern varying responses. Legal practices encompass aspects like border control, asylum procedures, detention policies, and integration measures. The study delves into the implications of these practices on human rights, social cohesion, and international cooperation.

The research sheds light on the intricate balance between safeguarding national interests and upholding humanitarian obligations. It also highlights the potential for policy harmonization and mutual learning among neighboring nations. By examining the legal landscape, this abstract contributes to a deeper understanding of the challenges and opportunities faced by countries dealing with immigration and refugees in crisis-driven contexts.

 

Introduction

In an era marked by unprecedented global mobility and an increasing number of crisis-driven events, the intersection of immigration and refugee law has emerged as a pivotal concern for countries situated adjacent to regions grappling with turmoil. The legal frameworks these nations choose to implement can significantly impact not only their own sociopolitical landscapes but also the lives of countless individuals seeking safety and better prospects. As the world witnesses a surge in conflicts, natural disasters, and political upheavals, the legal practices adopted by these neighboring countries take center stage in the discourse surrounding human rights, security, and international cooperation.

This study delves into the intricacies of legal practices embraced by countries neighboring crisis-driven lands, examining the synergies and disparities in their approaches to immigration and refugees. By delving into real-life legal references like those mentioned, this research seeks to unravel the multifaceted dynamics of immigration and refugee law in regions affected by turmoil, offering insights into the challenges and prospects of these legal frameworks in a rapidly evolving global landscape.

 

 

Status Quo

Exploring the legal nuances within the frameworks adopted by countries adjacent to crisis-driven lands reveals a tapestry of complex considerations that underscore the delicate balance between humanitarian obligations and national interests. As these nations grapple with the influx of migrants and refugees, examining the extent of alignment with international standards becomes paramount in evaluating the adequacy of their responses.

Turkey’s Temporary Protection Regulation, for instance, showcases a blend of pragmatism and adherence to international norms. While the regulation provides essential protections for Syrian refugees, including access to healthcare and education, questions arise about the permanence of their legal status and the application of the non-refoulement principle. The interplay between national interests and international obligations becomes evident, demanding further analysis on the sustainability of this approach.

Lebanon’s situation, characterized by the absence of formal legal instruments, raises concerns about compliance with international refugee law. The limited legal protections available to refugees raise questions about their vulnerability and access to basic rights. The challenge here lies in reconciling the exigencies of crisis-driven migration with the obligations enshrined in international conventions, fostering the need for a nuanced legal framework.

Jordan’s innovative approach with the Za’atari Refugee Camp, while commendable, requires closer scrutiny regarding its alignment with international labor and refugee rights. The imposition of geographical work restrictions and sectoral limitations might infringe upon the principle of non-discrimination, necessitating a careful balance between economic considerations and refugees’ fundamental rights.

The potential for policy harmonization in a globally interconnected landscape emerges as a pivotal consideration. The diverse legal responses, though context-specific, offer a platform for mutual learning and collaboration among neighboring nations. Harmonizing asylum procedures, integration efforts, and labor market access could enhance the overall regional response, minimizing disparities and fostering a more unified approach.

By unraveling the multifaceted dynamics of immigration and refugee law in regions marred by turmoil, this research elucidates the profound impact of legal practices on crisis-driven migration. It underscores how these practices influence the trajectories of migrants and refugees, determining their rights, protections, and opportunities. Furthermore, the insights gleaned from this study provide guidance for navigating an evolving global scenario, where crises are increasingly interconnected and demand cooperative solutions.

Conclusion

In conclusion, the examination of legal nuances, alignment with international standards, and potential for harmonization within the legal frameworks of countries adjacent to crisis-driven lands showcases the complexity of responding to migration under tumultuous circumstances. As nations grapple with their legal and moral obligations, the global community must embrace collaboration and innovation to forge a more equitable and effective response to crisis-driven migration, one that respects the rights and dignity of those seeking refuge while balancing the interests of host nations.

References:

 

  1. UNHCR. (2020). Global Compact on Refugees. Retrieved from https://www.unhcr.org/globalcompact-refugees.html
  2. International Organization for Migration. (2021). International Migration Law. Retrieved from https://www.iom.int/international-migration-law
  3. World Bank. (2021). Migration and Remittances. Retrieved from https://www.worldbank.org/en/topic/migrationremittancesdiasporaissues
  4. Hathaway, J. C. (2017). The Rights of Refugees under International Law. Cambridge University Press.
  5. Gibney, M. (2020). Immigration and Asylum: From 1900 to the Present. John Wiley & Sons.

 

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The Three Major and Developments in Indian Corporate Law

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Abstract

This paper explores three interconnected topics influencing the evolution of corporate India. Part 1 examines the landmark Supreme Court verdict on tribunalisation of company law in India, highlighting the debate over legislative competence, separation of powers, and the constitutionality of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). Part 2 delves into the concept of independent directors, underscoring the need for redefining their roles, responsibilities, and selection processes. It discusses the challenges in maintaining true independence and suggests measures to enhance their effectiveness. Part 3 analyzes the position of statutory auditors in companies, particularly whether they hold an “office of profit.” It examines legal principles, corporate structure, and implications of appointing auditors without shareholder resolutions. By addressing these themes, the paper sheds light on critical facets shaping the trajectory of corporate India.

 

Introduction

The corporate landscape in India is undergoing transformative changes due to global market shifts, economic growth, power dynamics, and climate concerns. This paper delves into three interconnected topics that are shaping the evolution of corporate India. Part 1 focuses on the Supreme Court’s watershed judgment on tribunalisation of company law, discussing its implications, challenges, and debates. Part 2 examines the concept of independent directors and their role in corporate governance, suggesting reforms to enhance their efficacy. Part 3 analyzes the position of statutory auditors and the question of whether they hold an “office of profit” under the Companies Act.

Part 1: Tribunalisation of Company Law in India:

The Supreme Court’s judgment on the establishment of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) is a critical development in the evolution of corporate India. This judgment has sparked debates about legislative competence, separation of powers, and the constitutional framework. The court’s decision to uphold the legislative competence of the Parliament to create NCLT and NCLAT is a significant validation of its authority to reform corporate justice. However, the judgment has also deemed specific aspects of the tribunal’s structure unconstitutional, necessitating amendments. This held in the case of Union of India v. R. Gandhi[1].

The question of legislative competence revolves around the constitutional provisions of Article 323A and 323B, which deal with tribunals’ establishment. Some argue that the court’s interpretation of these provisions can lead to potential conflicts with the principles outlined in Schedule VII of the Constitution. While the court’s judgment suggests a harmonious interpretation, concerns are raised about the potential erosion of separation of powers and the independence of the judiciary. This debate prompts reflection on the delicate balance between administrative efficiency and safeguarding the core principles of governance.

The issue of vesting judicial functions in technical members of the tribunal also draws significant attention. While the court acknowledges the importance of domain expertise, questions arise about the potential compromise of judicial independence. The requirement of technical members to possess certain qualifications might inadvertently dilute the tribunal’s decision-making autonomy. This leads to contemplation on whether expertise can genuinely replace the attributes of impartiality, judicial wisdom, and protection against external influences.

In the case of State of UP v. McDowell & Co.[2], a three-judge bench of the Supreme Court underscored that a law enacted by the legislature could only be invalidated based on two specific grounds: (1) lack of legislative competence, and (2) contravention of any fundamental right enshrined in Part III or other constitutional provisions. These two aspects form the core of the author’s argument, with the remaining aspects being extraneous to the present discussion.

However, the judgment does not definitively clarify whether the Parliament possesses the requisite competence or whether its actions run afoul of Article 323B of the Constitution. An additional concern revolves around the involvement of non-judicial individuals as adjudicators.

In this context, the foundational principle of the “separation of powers,” an inherent element of our constitutional framework, appears to be in jeopardy. While this concern is intuitively comprehensible, the author refrains from delving further into this extensively addressed topic.

Part 2: Independent Directors and Corporate Governance:

The concept of independent directors is integral to maintaining corporate governance and stability. However, the practical implementation often falls short of expectations. The definition of independent directors, as outlined by SEBI in Clause 49, is considered inadequate in ensuring genuine independence. The Enron case, where even the Dean of Stanford Business School failed to detect irregularities, and the Satyam fraud, which exposed gaping weaknesses in governance, underscore the urgency for reform.

The suggestion of statutory protection against arrest for independent directors becomes crucial in light of cases like Nagarjuna Finance, where arrests of former independent directors raised concerns. The fear of legal action can deter competent professionals from accepting directorships, leading to a potential shortage of qualified candidates. Transparency in the selection process, minimizing cozy relationships between boards and independent directors, and addressing conflicts of interest are all necessary steps to enhance the effectiveness of independent directors.

Furthermore, the paper’s recommendation for retirement policies for independent directors is based on the idea of maintaining fresh perspectives and preventing entrenchment. While concerns about industry experience are valid, the role of independent directors as enlightened generalists cannot be understated. Striking a balance between experience and a forward-looking approach is essential for a robust governance framework.

Part 3: Position of Statutory Auditors in Companies:

The role of statutory auditors in corporate financial irregularities has prompted discussions about their liability and accountability. The question of whether they hold an “office of profit” under the Companies Act raises pertinent issues. By examining legal principles and corporate structure, it becomes evident that statutory auditors are appointed by shareholders, indicating a distinction from the company itself. The intention of ensuring independence and an unbiased audit process reinforces the argument against considering them to hold an “office of profit.”

The term “office of profit” remains undefined within the Constitution of India. Through a series of judicial pronouncements[3], the Supreme Court of India has established a set of criteria to determine whether a given position qualifies as an office of profit under the government. These criteria encompass:

  1. The origin of the appointment, whether it emanates from the government;
  2. The authority vested in the government to terminate or dismiss the incumbent;
  3. The source of remuneration, whether disbursed by the government;
  4. The nature of duties undertaken by the holder, including their alignment with government functions;
  5. The extent of control exercised by the government over the execution of these responsibilities.

However, Section 314 of the Companies Act presents a challenge. This section requires shareholder approval for appointments to offices of profit, leading to potential conflicts with the role of statutory auditors. The paper highlights the need for careful consideration of these conflicts and their implications on auditor independence. Balancing the regulatory framework to prevent undue interference while maintaining transparency and accountability is essential.

While assuming an office inherently implies wielding some degree of authority, whether significant or subordinate, on behalf of a company, the assumption of a position or role need not invariably entail exercising authority. [4]In light of this context, it is not legally sustainable to assert that statutory auditors of a company hold a position of profit within the company. According to Section 314(1), the appointment of specified individuals to an office or position of profit necessitates shareholder approval through the passage of a special resolution during a general meeting. This requirement applies to instances like the appointment of a relative of an Independent Director to a position of profit within the company.

Taking into consideration the aforementioned rationale and in conjunction with Section 314 of the Companies Act, it becomes apparent that a statutory auditor can be designated without necessitating a shareholder resolution, even in cases where the auditor has a relationship with one of the Directors. Such a scenario could potentially compromise the autonomy of the Statutory Auditor, undermining their ability to function independently, devoid of undue influence from the company itself

Conclusion

the evolution of corporate India is at a critical crossroads, driven by factors spanning economic shifts, legal transformations, and ethical considerations. The analysis of tribunalisation, independent directors, and statutory auditors exemplifies the intricate landscape that shapes the future of Indian corporates.

The Supreme Court’s stance on tribunalisation highlights the delicate equilibrium between judicial autonomy and operational efficiency. Debates over legislative jurisdiction, separation of powers, and technical expertise underscore the need for a balanced approach that upholds legal principles while accommodating modern business complexities.

Within the realm of independent directors, fundamental challenges arise, evident in cases like Enron and Satyam. Calls for safeguards against unwarranted arrest, transparent selection processes, and well-defined tenures emphasize the urgency to foster a cadre of directors capable of championing robust corporate governance.

Amidst these debates, the role of statutory auditors emerges as a linchpin. The question of whether they hold an “office of profit” intertwines legal interpretation, corporate autonomy, and accountability. As the nexus between shareholder appointments and auditor insulation from direct company influence counters such categorization, their interplay with Section 314 necessitates nuanced consideration.

Overall, these deliberations encapsulate the convergence of legal doctrines, economic realities, and ethical imperatives in the corporate landscape. The pursuit of regulatory oversight while preserving entrepreneurial vigor stands paramount. As India strides forward, these issues signify not just legal concerns, but essential societal benchmarks. They underscore that the transformation of corporate India is not just a process of change, but a profound reimagining. The amalgamation of law, economics, and ethics constitutes a complex mosaic, posing challenges alongside transformative prospects for India’s corporate trajectory.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Ankit Kaushik

[1]  Civil Appeal No. 3067 of 2004 with Civil Appeal No. 3717 of 2005, unanimous, judgment dated May 11, 2010, per Justice Raveendran)

[2] (1996)3SCC 709

[3] See Maulana Abdul Shakur v. Rikhab Chand and another (1958) SCR 387; M Ramappa v. Sangappa & others, (1959) SCR 1167; Guru Govinda Basu v. Sankari Prasad Ghosal & Others, (1964) 4 SCR 311; and Shivamurthy Swami Inamdar & another v. Agadi Sanganna Andanappa & Another, (1971) 3 SCC 870, Pradyut Bardolai v. Swapan Roy, JT (2001) 1 SC 136.

[4] Rendell v. Went [1964]2 All ER 464(HL)

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Cruelty against animals in India

Articles

Abraham Lincoln stated it well when he said, “I support both human and animal rights. That is how a complete human being behaves. Many Indians, however, do not share this opinion. What steps are being taken to stop cases of animal cruelty and inhumanity that are on the rise? In India, there are many laws designed to protect animals and prevent cruelty to them, but very few people are aware of what they are or how they operate.

Bulls that have undergone crude castration are frequently seen in India pulling hefty carts and receiving whippings if they stop moving. Even cats and dogs have been the targets of amusing stone throwing. In addition, there are occasions where animals like bulls, cows, and hens are treated like mere playthings, such as ‘taming’ contests, fights, and cart races. People seem to be gradually abandoning their morals and values in this age of progress and advancement, not only in how they interact with one another but also in how they treat these helpless animals.

 

The “Prevention of Cruelty to Animals Act, 1960” is one of many laws that the central government has passed to combat animal cruelty.

The Prevention of Cruelty Animals Act, 1960

The following has been defined as the forms of cruelty towards animals under the Prevention of Cruelty Animals Act, 1960. Sect11(1)(a) Beating, Kicking, Over-riding, Over-driving, Over-loading, Torturing, Causing unnecessary pain or suffering to any animals;

(b) Employing any animal which, by reason of its age or any disease, unfit to be so employed, and still making it work or labour or for any purpose;

(c) Willfully and unreasonably administering any injurious drug or injurious substance;

(d) Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering;

 (e) Keeping or confining any animal in any cage or any receptacle, which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement;

(f) Keeping for an unreasonable time any animal chained or tethered upon an unreasonably heavy chain or chord;

 (g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement;

 (h) Being the owner of any animal fails to provide such animal with sufficient food, drink or shelter;

(i) Being the owner, without reasonable cause, abandons any animal in circumstances, which render it likely that it will suffer pain by reason of starvation or thirst;

(j) Willfully permits any animal, of which he is the owner to go at large in any street while the animal is affected with a contagious or infectious disease, or without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street;

 (k) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment

(l) Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner;

 (m) Solely with a view to providing entertainment – Confines or causes to be confined any animals (including tying of an animal as bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; Incites any animal to fight or bait any other animal.

(n) Organizes, keeps, uses or acts in the management of any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes;

(o) takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting

Treating animals with cruelty is a punishable offence:

A fine of up to Rs 50 may be imposed on the perpetrator of an act of torture or cruelty against an animal as defined by the Prevention of Cruelty to Animals Act, 1960. If this is deemed to be a subsequent offence or a second offence that happens within three years of the prior offence, the offender will be subject to a fine of at least Rs 25, but possibly as much as Rs 100, or they may be imprisoned for up to three months, or both.

 

If the offender owns a car, the car is seized in the event of a second offence, and the person is also prohibited from owning any animals for the rest of the sentence.

 

Wildlife Protection Act, 1972

This demonstration is intended to ensure the safety of wildlife and birds, and it contains provisions that safeguard their interests. · The act explicitly forbids the killing of animals; Section 39 of the Wildlife Protection Act strictly prohibits any harm to animals, and the penalties for such actions are outlined in Section 51 of the act. · Additionally, the act imposes a ban on the possession of any bird native to India. If anyone desires to possess a permissible bird, they must fully adhere to the conditions set forth in Section 11 of the Prevention of Cruelty to Animals Act, 1956. · Regarding police powers: Section 50 of the Wildlife Protection Act, 1972 grants law enforcement the authority to apprehend any individual without requiring a warrant. · Monkeys cannot be exhibited or owned, and they are also safeguarded under the Wildlife Protection Act.

Real Problems:

Various issues concerning the mistreatment of animals exist in India, encompassing the following areas:

Cosmetic Testing: A recurring issue revolves around the inhumane treatment of countless animals in the process of testing consumer products and their components for potential harmful effects. For instance, numerous creatures like mice, guinea pigs, rabbits, and others are subjected to inhaling large quantities of test substances to assess their toxicity. Despite the established fact that animal tests fail to accurately predict human reactions and the availability of alternative testing methods that don’t involve animals, the practice of such cruelty persists. In a positive step towards animal welfare, the government has enforced regulations that impose a nationwide ban on cosmetics testing on animals. This ban was instituted following revisions to the Bureau of Indian Standard guidelines. Nonetheless, the existing legislation contains several gaps, such as the allowance for the import of animal-tested products, highlighting the need for a comprehensive law that also prohibits the sale and import of such items.

Animals Confined in Battery Cages: India ranks as the third-largest producer of eggs, with approximately 70% of eggs originating from commercial poultry farms. Section 11 (e) of the law pertains to the space animals should be provided, yet the conditions in battery cages are severely overcrowded, depriving animals of their right to proper movement. This situation clearly contradicts the provisions of the act.

Conclusion:

The government holds a pivotal role in this regard, particularly in terms of potentially intensifying penalties for such offenses. By doing so, individuals would be motivated to exercise care and refrain from brutally harming innocent animals. In 2011, the Prevention of Cruelty to Animals Act underwent revision and was rebranded as the Indian Animal Welfare Act, responding to the need for an updated legal framework.

However, the effectiveness of these laws largely depends on the collaboration between individuals and animal rights organizations, along with concerted efforts to ameliorate the dire circumstances animals face. Besides, both governmental and non-governmental entities can take measures to rectify the system. An additional proposal for system enhancement involves the establishment and reinforcement of the Society for the Prevention of Cruelty to Animals, an independent NGO operating in each state without state interference. Furthermore, ensuring the proper functioning of State Animal Welfare Boards is essential. Presently, numerous states lack such boards, and in cases where they do exist, they may not have convened for extended periods.

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MARINE AIDS TO NAVIGATION BIL 2021

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MARINE AIDS TO NAVIGATION BIL 2021

ABSTRACT-  

The ‘Marine Aids to Navigation’ Bill, which replaces the nearly nine-decade-old lighthouse legislation with a new framework for developing and regulating marine traffic services, was passed by Parliament in July 2021. The measure also changes the definition of “maritime navigational aids.”

The government’s goal in introducing the bill is to achieve this goal, make the legal system more approachable, and encourage ease of doing business. It also aims to incorporate international best practises, technological advancements, and India’s obligations in the field of marine aids to navigation.

An object, system, or service that is not a ship but is constructed and used to increase the effectiveness and safety of ship traffic and ship navigation is referred to in the Bill as an aid to navigation.  Vessels include any form of ship, boat, sailing vessel, fishing boat, submersible, and mobile offshore drilling equipment.  A vessel traffic service is one that improves the efficiency and safety of vessel transportation while simultaneously safeguarding the environment.

BACKGROUND

For the purpose of ensuring safe navigation, India’s lighthouses and lightships are governed by the Lighthouse Act of 1927. When the Lighthouse Act of 1927 was passed, there were only 32 lighthouses in the six regions of Aden, Karachi, Bombay, Madras, Calcutta, and Rangoon. There were 17 lighthouses under administrative control when India attained independence; there are now many more to meet the growing needs of the shipping industry. Currently, the said Act is used to manage 195 lighthouses as well as numerous contemporary radio and digital aids to navigation.

 

As technology advanced, systems were set up so that ships could receive position updates from land using radar and other sensors. These systems are known as vessel traffic services (VTS), and they have gained widespread acceptance. These contemporary, technologically advanced aids to marine navigation systems have transformed from a ‘passive’ service to a ‘passive as well as interactive’ service. Due to their picturesque locations, typical architecture, and historical significance, lighthouses have also been widely recognised as important tourist destinations.

In order to meet India’s obligations under international conventions and to provide an appropriate statutory framework that reflects the contemporary role of marine aids to navigation, a new Act must be enacted.

INTRODUCTION-

The Act states that because India is a signatory to the aforementioned marine treaties and international agreements, it is deemed necessary to give effect to them. These include the International Convention for the Safety of Life at Sea, as Amended, and the Maritime Buoyage System, which among other things, provide for navigational aids, vessel traffic services, and wreck marking.

The development, maintenance, and management of vessel traffic services in India, as well as the training and certification of those who operate aids to navigation and the expansion of their historical, educational, and cultural significance, must therefore be planned for in advance and a framework must be established.

This present bill is considered to a necessary benefit added to martial law. The benefits brought by the new legislation will be a major satisfaction and guidance given to the vessel travelling acrros the states

 

SAILENT FEATURES OF THE BILL

 

  1. Taking into account the most recent technological advancements and best practises,
  2. Observing India’s obligations under international law regarding marine aids to navigation,
  3. Making the legal system more user-friendly, encouraging business ease.
  4. The Lighthouse Act of 1927 imposed strict legal requirements on modern marine navigational technologies, which the bill seeks to regulate.
  5. By adopting the new technologies used for vehicle navigation, such as radar, radar beacons, vessel traffic service (equipment used to track vehicles), and long-range identification and tracking systems (also used to track ships), the proposed legislation would modernise the legal framework.
  6. The Bill specifies penalties for those who intentionally damage a lighthouse or its machinery.
  7. The bill also recommends that the Maritime Buoyage System of the International Association of Marine Aids to Navigation and Lighthouse Authorities be incorporated into Indian law. India is a member of the group.
  8. The Bill also outlines administration and security procedures.

BENEFITS OF THE BILL-

  1. The Future Developments in the Field of Marine Navigation are covered by the Improved Legal Framework for Matters Relating to Aids to Navigation & Vessel Traffic Services.
  2. Administration of “Vessel Traffic Services” to improve shipping’s efficiency and safety and to safeguard the environment.
  3. Developing operators’ skills through training and certification in accordance with international standards for “Aids to Navigation” and “Vessel Traffic Services.”
  4. Institutions are audited and accredited in order to meet the demand for training and certification that adheres to international standards.
  5. For safe and effective navigation, sunken or stranded ships are marked with the word “Wreck” in open waters.
  6. Construction of lighthouses for tourism, education, and other purposes would help coastal areas’ economies by utilising their tourism potential.

VARIOUS KINDS OF MARINE AIDS

  1. The lighthouse is probably the simplest of the available marine aids. A lighthouse is a large tower that serves as a ship’s compass. Now that there are radar beacons, a ship can ping a radar beacon that is situated on land or at sea. It replies with its position in return.
  2. In addition, every phone now has a GPS system that enables us to get directions. The ships also have a GPS system, but it is not always accurate enough to direct a ship in narrow waters. Therefore, we require a device that guarantees the accuracy of the GPS readings that the ships receive in order to prevent rock collisions or shipwrecks.
  • Buoys on the water are one type of additional navigational aid. All of these are under the control of the central government.
  1. The Marine Aids to Navigation Bill, 2021 aims to transition navigational aids from a time when they were quite simple to a time when they are more complex.

CENTRAL GOVERNMENT’S FUNCTION

The Central Government’s authority established under the Ministry of Shipping will then be able to carry out these duties in accordance with the law’s mandate thanks to the framework provided by the Marine Aids to Navigation Bill, 2021.

The law similarly stipulates a number of things. What will happen, for instance, to the money gathered as maritime dues?

According to the new bill, the Central government also has the authority to issue notifications regarding the simplification of the system for ensuring traffic through ports or navigational channels.

The central government, not the state governments, controls the entirety of this mechanism, so it will be common in every part of India.

“The Central Government shall consult the Central Advisory Committee in regard to—

(a) the establishment or position of aids to navigation or of any works appertaining thereto; or

(b) additions to or the alteration or removal of, any aid to navigation; or

(c) variations to any aid to navigation or of the mode of use thereof; or

 (d) the cost of any proposal relating to aids to navigation; or

(e) appointment of any sub-committee under sub-section (3); or

(f) the making or alteration of any rules or rates of marine aids to navigation dues under this Act. (3)

The Central Government may, if it deems necessary, appoint sub-committees for the purposes of advising it in regard to any of the matters specified under this Act.”

[2]

CONCLUSION-

The role of authorities in regulating and managing maritime navigation has changed significantly with the introduction of modern, technologically advanced aids to maritime navigation. The proposed legislation represents a significant transition from lighthouses to contemporary navigational aids.

There are various legislation regulating the ships of our country this current bill as stated helps in service of a vessel. The government has passed this bill in order of the navy to have sort of reliance on the legislation which can be more efficient in their guidance while they travel across the sea.

Written By – Steffi Desousa

[2] https://shipmin.gov.in/sites/default/files/Marine%20Aids%20to%20Navigation%20Act%202021as%20Notified.pdf

 

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Drug crime

Cross cultural analysis on the overlap between drug laws and cultural practices

Articles

 

 

Abstract

This cross-cultural analysis explores the intricate interplay between drug laws and cultural practices across diverse societies. Examining a range of cultural norms and traditional rituals involving psychoactive substances, the study investigates how these practices intersect with contemporary drug legislation. By scrutinizing case studies from various regions, it uncovers the complex dynamics that underlie the tension between preserving cultural heritage and enforcing drug regulations. The abstract highlights the need for nuanced policy approaches that balance respect for cultural diversity while addressing public health and safety concerns. Ultimately, this research contributes to a deeper understanding of the delicate relationship between drug laws and cultural traditions.

 

Introduction:

 

The coexistence of drug laws and cultural practices has long been a subject of contention and fascination, evoking debates at the crossroads of tradition, legality, and public health. Across the globe, numerous societies have developed deeply ingrained cultural practices involving the use of psychoactive substances, such as sacred rituals, healing ceremonies, and social gatherings. These practices often hold profound historical and spiritual significance, shaping the identities and social fabric of communities.

 

However, in the face of rapidly evolving drug policies and international conventions, many of these cultural practices find themselves in direct conflict with modern legal frameworks governing the use and distribution of drugs. The clash between cultural heritage and established laws presents complex challenges, raising questions about cultural preservation, individual rights, and public safety.

 

This interdisciplinary study seeks to delve into the multifaceted relationship between drug laws and cultural practices from a cross-cultural perspective. Through a comprehensive analysis of diverse societies, this research endeavors to identify patterns of overlap, common themes, and unique variations in how different cultures navigate the intersection of tradition and legal constraints.

 

By examining specific case studies from regions with rich cultural histories, the investigation aims to shed light on the socio-political factors influencing drug laws and their impact on cultural practices. Furthermore, this research will explore the consequences of legislative actions on community dynamics, mental health, and public attitudes towards drug use.

 

Intriguingly, this study will also explore instances where drug laws have been adjusted or adapted to accommodate specific cultural practices, signifying the potential for harmonizing cultural heritage with contemporary legal frameworks. Overall, this cross-cultural analysis aspires to contribute to a more comprehensive understanding of the complex interplay between drug laws and cultural practices, guiding policymakers and researchers in striking a balance that respects cultural diversity while addressing the challenges posed by psychoactive substances in modern societies.

Case Study 1: Ayahuasca in Peru

 

Peru, a country renowned for its rich cultural heritage, has a long-standing tradition of using Ayahuasca, a psychoactive brew, in spiritual and medicinal ceremonies. Indigenous communities, particularly in the Amazon basin, consider Ayahuasca a sacred plant medicine that facilitates communication with spirits, healing, and self-discovery. Despite its deeply ingrained cultural significance, Ayahuasca’s use falls under the purview of drug legislation due to the presence of the psychoactive compound DMT (dimethyltryptamine).

 

In response to this complex overlap between cultural practices and drug laws, Peru has taken a unique approach. Recognizing the spiritual and medicinal importance of Ayahuasca, the government has established legal frameworks that allow regulated use in certain contexts, such as religious rituals and healing ceremonies. This pragmatic approach attempts to preserve cultural heritage while ensuring public safety and responsible usage.

 

Case Study 2: Cannabis in Rastafarianism – Jamaica

 

Jamaica is renowned for its vibrant cultural diversity, and the Rastafarian movement has played a significant role in shaping the country’s identity. Rastafarians consider cannabis (known as ganja) a sacrament that fosters spiritual enlightenment and communion with the divine. However, Jamaica’s drug laws have historically criminalized cannabis possession and use, creating a conflict with Rastafarian cultural practices.

 

Over time, recognizing the importance of ganja in Rastafarian rituals and as an integral aspect of their cultural identity, Jamaica has taken steps to decriminalize small amounts of cannabis for religious purposes. This legislative change represents an effort to accommodate the Rastafarian community’s cultural practices while addressing public health concerns and aligning with international drug conventions.

 

Case Study 3: Peyote in Native American Religions – United States

 

For centuries, various Native American tribes have utilized Peyote, a cactus containing mescaline, in religious ceremonies. The Native American Church views Peyote as a vital sacrament, fostering spiritual connection and community cohesion. Nevertheless, the use of Peyote has been restricted by federal drug laws in the United States.

 

In response to the cultural significance of Peyote, the U.S. government has granted limited exemptions for its religious use within the Native American Church. These exemptions represent a delicate balance between respecting cultural practices and maintaining drug regulation. However, debates continue regarding the scope and extent of these legal accommodations.

 

 

Case Study 4: Coca Leaf in Andean Cultures – Bolivia:

Coca leaf has deep historical and cultural significance in Andean cultures, particularly in Bolivia. It has been used for centuries in traditional practices, including religious rituals, medicinal purposes, and social gatherings. However, international drug conventions classified coca as a controlled substance due to its association with cocaine production.

 

Resolution: Bolivia sought to challenge the international classification of coca leaf and advocated for its recognition as an important cultural symbol rather than a harmful drug. In 2013, the United Nations granted Bolivia a special exception, recognizing the cultural importance of coca and allowing for its traditional use within the country. This resolution marked a significant victory for cultural rights and demonstrated the potential to challenge conventional drug laws in favor of preserving cultural practices.

 

These case studies illustrate how different regions with rich cultural histories address the overlap between drug laws and cultural practices in diverse ways. Policymakers face the challenge of recognizing and accommodating cultural heritage while considering public health concerns and international drug regulations. These examples provide valuable insights into how societies navigate the complexities of this delicate relationship and the potential for developing inclusive and context-sensitive drug policies.

 

Conclusion:

 

This cross-cultural analysis on the overlap between drug laws and cultural practices has shed light on the complexities inherent in preserving cultural heritage while navigating contemporary legal frameworks. The case studies examined in diverse regions have provided valuable insights into how societies grapple with the delicate relationship between drug laws and cultural traditions. As drug policies rapidly evolve and cultural practices persist, finding a harmonious resolution remains a paramount challenge.

 

Throughout the analysis, it becomes evident that blanket enforcement of drug laws can disrupt centuries-old cultural practices, potentially leading to social tensions and a loss of cultural identity. However, the case studies also demonstrate that pragmatic and nuanced approaches to drug regulation can preserve cultural heritage without compromising public health and safety.

 

Peru’s approach to Ayahuasca stands as a commendable example of recognizing the spiritual and medicinal importance of a psychoactive substance while implementing responsible regulations. This approach acknowledges the significance of indigenous traditions and fosters cultural appreciation while safeguarding against potential harm.

 

Similarly, Jamaica’s decision to decriminalize small amounts of cannabis for religious purposes showcases the willingness to adapt drug laws to accommodate the deeply-held beliefs and practices of the Rastafarian community. This move fosters an inclusive environment that respects cultural diversity while aligning with international conventions.

 

The United States’ exemptions for the religious use of Peyote within the Native American Church exemplify an attempt to strike a balance between respecting cultural practices and maintaining drug regulations. Although ongoing debates continue, this resolution demonstrates progress in recognizing the cultural importance of Peyote in indigenous traditions.

 

Bolivia’s successful endeavor to secure a special exception for coca leaf within the United Nations signifies the potential for challenging conventional drug laws to preserve cultural practices. This recognition acknowledges the historical and spiritual significance of coca in Andean cultures, highlighting the value of cultural rights in the global discourse on drug regulation.

 

In conclusion, this cross-cultural analysis illuminates the complexities surrounding the overlap between drug laws and cultural practices. The resolution of these clashes requires a careful consideration of cultural heritage, public health, and individual rights. Policymakers and researchers must continue to engage in a constructive dialogue, seeking context-sensitive solutions that respect and preserve cultural diversity while ensuring responsible drug regulation.

 

As societies evolve, the delicate interplay between drug laws and cultural practices will persist as a dynamic and evolving challenge. This research serves as a valuable foundation for guiding future policy-making and fostering greater understanding and appreciation of the intricate relationship between drug laws and cultural traditions in our ever-changing global landscape.

 

 

 

 

 

 

 

References:

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