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Download Full Edition IJLJ - Vol. 11 No. 1(Part-III) ISSN: 0976-3570 Vol. 11 No. 1 (Part - III) MARCH 2020 ISSN: 0976-3570 INDIAN JOURNAL OF LAW AND JUSTICE ENLIGHTENMENT TO PERFECTION DEPARTMENT OF LAW University of North Bengal Darjeeling, West Bengal, India Vol. 11 No. 1(Part-III) March 2020 ISSN: 0976-3570 EDITORIAL BOARD Chief Editor Prof. (Dr.) Gangotri Chakraborty Editors Prof. (Dr.) Rathin Bandhopadhyay Dr. Sujit Kumar Biswas Associate Editors Dr. Sangeeta Mandal, Dr. Sanyukta Moitra, Dr. Soma Dey Sarkar, Dr. Chandrani Chatterjee, Dr. Dipankar Debnath, Suparna Bandyopadhyay, Sagnika Das, Upala Basu, Ashima Rai Editorial Assistants Souradypta Paul, Subham Sarkar, Nivedita Baraily, Natalia Ghosh, Manisha Kumari, Lakpa Doma Rumba, Jona Lepcha, Atindra Chowdhury, Mingma Doma Sherpa, Sushma Gupta International Advisory Board Prof. (Dr.) T. K. Saha, Dean, School of Law, Mount Kenya University, Nairobi, Kenya, Prof. Mark Perry, Professor, School of Law, University of New England, Australia Prof. (Dr.) Gay Osborn, Professor, School of Law, Westminster University, U.K. Prof. (Dr.) Anat Peleg, Director, Centre for Media, Bar-Ilan University, Tel Aviv, Israel Dr. Samuel Awala, Assistant Professor, Albany State University, Albany, New York, U.S.A. Dr. Jesse J. Norris, Assistant Professor of Criminal Justice, Deptt. of Socio-Cultural and Justice Science, State University of New York, Fredonia, New York, U.S.A. Ms. Ana Penteado, Trade Mark Attorney, Registered at the Trans Tasman IP Attorneys Board, Faculty, University of Notre Dame, Sydney, Australia. National Advisory Board Prof. Dilip Ukey, Professor and Vice-Chancellor, Maharashtra National Law University, Mumbai, Maharashtra Prof. S. K. Bhatnagar, Professor and Vice-Chancellor, Dr. R. M. Lohia National Law University, Lucknow, U.P. Prof. Balraj Chauhan, Professor and Vice-Chancellor, Dharmashastra National Law University, M.P. Prof. N.K. Chakraborty, Professor and Vice-Chancellor, West Bengal National University of Juridical Sciences, W.B. Prof. B. P. Panda, Professor and former Vice-Chancellor, MNLU, Mumbai, Maharashtra Prof. V. Sudesh, Head and Dean, Faculty of Law, Bangalore University, Karnataka Prof. M. S. Gopal Krisnan, Professor and Head, Deptt. of Law, CUST, Cochin, Kerala Prof. Ali Mehdi, Professor, School of Law, Benares Hindu University, U.P. Prof. Subhram Rajkhowa, Professor and Head, Deptt. of Law, Gauhati University, Asam Prof. (Dr.) Indrajit Dube, Professor, Rajiv Gandhi School of Intellectual Property Law, IIT, Kharagpur, W.B. Prof. Jyoti J. Mozika, Professor and Head, Deptt. of Law, NEHU, Shilong, Meghalaya Prof. Jayanta K. Saha, Professor and Former Head, Deptt. of Law, Bankura University, W.B. Prof. (Dr.) Dipa Dube, Professor, Rajiv Gandhi School of Intellectual Property Law, IIT, Kharagpur, W.B. Prof. Manik Chakraborty, Director, Amity Law School, Amity University, Kolkata, W.B. Prof. (Dr.) Sarit Sadhu, Former Professor, Deptt. of Law, University of Burdwan, W.B. Prof. (Dr.) Sachi Chakraborty, Professor and Former Head, Deptt. of Law, University of Calcutta, W.B. Prof. (Dr.) Sanjeev Kumar Tiwari, Professor and Head, Deptt. of Law, University of Burdwan, W.B. IJLJ - Vol. 11 No. 1(Part-III) ISSN: 0976-3570 Vol. 11 No. 01(part-III) INDIAN JOURNAL OF LAW AND JUSTICE ISSN-0976:3570 Part - III SPECIAL ISSUE ON LAW AS AN INSTRUMENT OF SOCIAL TRANSFORMATION (A Collection of Modified Research Papers presented in the National Law Conclave organised by the Department of Law, University of North Bengal on “Law as an Instrument of Social Transformation- Issues, Challenges and Emerging Trends” held during 30 th November and 1 st December, 2019) Vol. 11 No. 01(Part-III) March 2020 ISSN-0976:3570 INDIAN JOURNAL OF LAW AND JUSTICE ENLIGHTENMENT TO PERFECTION DEPARTMENT OF LAW UNIVERSITY OF NORTH BENGAL DARJEELING, WEST BENGAL, INDIA IJLJ - Vol. 11 No. 1(Part-III) ISSN: 0976-3570 20 ) INDIAN JOURNAL OF LAW AND JUSTICE Vol. 11 No. 01(Part-III) March 2020 ISSN-0976:3570 CONTENTS Page No. Editorial Articles EDUCATION AND SOCIAL CHANGE Tracing the Evolutionary Trend of Decency and Morality in India: A Comparative Analysis. 1 Dr.Shameek Sen Education as an Instrument of Social Transformation: Aspects and Prospects Mr. Basudev Roy 20 Prevention of Stigmatisation of HIV/AIDS and The Role of Law. 36 Ashika Pradhan A Study of the Role Of Persuasive Legal Instruments For Protection of Right to Education of Children in India. 47 Prerna Lepcha Social Transformation and Its Impact on Traditional Knowledge. 57 Jigmee Wangchuk Bhutia Education As An Instrument of Social Change In India. 71 Ankur Barman A Critical Analysis Of The Social Change And Transformation Through Western Education In India. 84 Tripti Yonzon IJLJ - Vol. 11 No. 1(Part-III) ISSN: 0976-3570 ENVIRONMENT, TECHNOLOGY AND SOCIAL CHANGE Power Play of Artificial Intelligence Upon Intellectual Property Rights. 100 Dr. Jayanta Ghosh Right to Privacy and Data Protection in the Digital Age – Preservation, Control and Implementation of Laws in India. 115 Dr. Neelam Rai Infertility and Assisted Reproductive Technology in India: A Study of Socio- Cultural, Political and Legal Issues and Current Practices. 131 Dr.Satarupa Ghosh Internet Banking- A transformation Based on Technology from Traditional to Virtual Banking. 150 Dr. Abhijit Bhattacharjee & Saikat Chakraborty Climate Change, poverty and Human Rights: An Emergence without Precedent. Dr.Chandrani Chatterjee 159 Animal Rights: The Social Justice Movement of the 21st Century 177 Neelam Lama The Forest Legislations with Special Reference to Forest Right Act (2006) and Its Impact on the Condition of the Indigenous Forest Villagers in North Bengal: A Study. 188 Taniya Basu Majumdar Environmental Justice Movement and Ecological Conflicts in India 204 Shubhojeet Shome Stigmatization of Mental Health – An Overview Of Mental Health Laws And Forensic Psychiatry in India. 215 Srijana Basnet & Manisha Tamang Biodiversity Laws As A Means To Protect Traditional Knowledge: Issues, Challenges And Success Stories. 226 Sonal Singh Expression Dispute under Copyright Law: A Synthesis Study 240 Rima Ghosh Social Memory In Internet Age. 252 Vishal B Shinde Use of Technology In Access To Justice. 269 Surja Kanta Baladhikari Biotechnological Advancement and Its Impact on the Society. 290 Numa Limbu Legal and Regulatory Issues of Privacy and Data Protection in E-Commerce and Social Transformation. 308 Sambhavna Rai ‘Divided by borders united by the Himalayas’: A Cross regional Policy Paper on the ‘Third Pole effect’, focusing on the issue of Water Crisis and Climate change in South Asia. 317 Abhishek Rodrigues IJLJ - Vol. 11 No. 1(Part-III) ISSN: 0976-3570 IJLJ - Vol. 11 No. 1(Part-III) ISSN: 0976-3570 Editorial For decades now legal fraternity has been preoccupied with attempts to explain the relationship between legal and social change in the context of development and society. They viewed the law both as an independent and dependent and variable (cause and effect) in society and emphasized the interdependence of the law with other social systems. In its most concrete sense, social transformation means the change the society envisages in keeping with the demands of social, economic, political and historical factors. Social change brings about a change in the thought process of the people living in the society. Social change also has an impact upon the governance of a country. Such changes impact upon the rights of the people and also subaltern thoughts. Law is the reflection of the will and wish of the society. It is responsible for the social transformations. The relationship between law and society works in a circular motion. On one hand the law changes the society and compels the society to be changed according to it. And on the other hand society changes the law as per its demands and needs. Legislated law, judicial interpretations, and custom and usages having the force of law play an important role in bringing about social change. When law changes the society it is the sign of beginning of the development of the society. When society changes law it is the sign of maturity of the society. The Shahabano case, Vishakha case, transgender case, the Nirbhaya case, Shabarimala case, Triple Talaque case environmental cases were some of the areas where the commonest of the common man was able to raise a voice and say how the law must be, what must be the punishment etc. The change required in the society can be initiated by a single person also and this has been proved in India right from Raja Ram Mohan Roy; Eishwar Chandra Vidyasagar, Dayanand Saraswati to Mahatma Phule, Mahatma Baseswar, and Mahatma Gandhi up to Mother Teresa, Baba Amte, Anna Hazare! Thus the demand takes root and EDUCATION AND SOCIAL CHANGE compels the government to either reform the existing laws or make new or even delete the existing unworthy laws. Education too is a very important instrument of social change. Social change refers to an alteration in the social order of a society . As a result of rapid industrialization, growing urbanization and changes in the human intellect society needs to change in order to cope with the gradual changes. Education can initiate social change by bringing about changes in the outlook and attitude of people. Present education system is totally mechanized and homogenising which curbs the individual thinking and self-learning. Education is the root cause of social and cultural changes that takes place within the society. Education has been and is being played as an agent of socialization of the youth so as to reach
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