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Volume 1 Issue 1-Converted ISSN 2581- 6349 VOLUME 1 || OCTOBER 2019 (ISSN: 2581-6349) Email: [email protected] Website: www.jurisperitus.co.in 1 ISSN 2581- 6349 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of Jurisperitus – The Law Journal. The Editorial Team of Jurisperitus holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of Jurisperitus or Legal Education Awareness Foundation. Though all efforts are made to ensure the accuracy and correctness of the information published, Jurisperitus shall not be responsible for any errors caused due to oversight or otherwise. 2 ISSN 2581- 6349 EDITORIAL TEAM Editor-in-Chief Mr. Sooraj Dewan Founder || Legal Education Awareness Foundation Phone Number: +91-9868629764 E-mail ID: [email protected] Additional Editor-in-Chief Mr. Siddharth Dhawan Core-Team Member || Legal Education Awareness Foundation Phone Number: +91-9013078358 E-mail ID: [email protected] Editors (Honorary) Mr. Ram Avtar Senior General Manager || NEGD Ministry of Electronics and Information technology Phone Number: +91-9968285623 E-mail ID: [email protected] Smt. Bharthi Kukkal Principal || Kendriya Vidyalaya Sangathan, New Delhi Ministry of Human Resource & Development Phone Number: +91-9990822920 E-mail ID: [email protected] Editor Ms. Nikhita Cyber Risk Consultant || Deloitte India Phone Number: +91-9654440728 E-mail ID: [email protected] 3 ISSN 2581- 6349 ABOUT US Jurisperitus:: The Law Journal is a non-annual journal incepted with an aim to provide a platform to the masses of our country and re-iterate the importance and multi-disciplinary approach of law. This journal is an initiative by Legal Education and Awareness Foundation, a registered Non-Governmental Organization, which aims at providing legal education and awareness to all parts of the country beyond any social and economic barriers. We, at Jurisperitus believe in the principles of justice, morality and equity for all. We hope to re-ignite those smoldering embers of passion that lie buried inside us, waiting for that elusive spark. With this thought, we hereby present to you Jurisperitus: The Law Journal. 4 ISSN 2581- 6349 CONTENTS S. No. Title Author(s) Page No. 1. Violence Against Women In Tribal Areas Of Pooja Jha 7 Odisha - An Overview 2. Surrogacy In India: Regressive Laws Under Apoorva 12 The Guise Of Ethics Maheshwari & Saloni Kedia 3. Paris Climate Agreement 2016: A Critical Rushali & 24 Analysis Akshat Kumar 4. Relation Between Contractual Restriction On Sayesha 36 Trade Secrets And The Springboard Doctrine: Bhattacharya & Comparative Perspective Shivanshu Bhardwaj 5. Patterns Of Policing In Communal Conflicts: Tanvi Bharti 48 A Need For Reform 6. An Analysis Of The Laws Relating To Tushar Seth & 56 Reservation In Schools Tanuj Dewan 7. Ethics Of Insider Trading And The Ketan Swaraj 68 Regulations In India Nair & Akshita Jain 8. Judicial Path Towards Homosexuality Jaiveer Singh 78 Bhati 9. Plea Bargaining: Evolution And Tushar Tomar 81 Concept In India 10. Misuse Of Anti Dowry Law In Vaishnavi Gupta 89 India By Women & Sourodip Nandy 11. Marauder Of Dignity, Virtue And Respect: 97 Unravelling The Contemporary Folds On Sonal Rawat Manual Scavenging 5 ISSN 2581- 6349 12. The Tie-In Of International Trade And Shobhna Lochan 108 Agriculture With Right To Food 13. The Future Of Arbitration In India And The Vatsala Chauhan 119 Establishment Of Arbitration Centres. 14. Jurisprudential Analysis Of Contemporary Tanvi Gupta 123 Issue - Terrorism 15. Sedition Meetali Handa 131 16. Environment Effects And Loss Of Siddharth Singh 147 Biodiversity & Sukhmani Kaur Soni 6 ISSN 2581- 6349 VIOLENCE AGAINST WOMEN IN TRIBAL AREAS OF ODISHA : AN OVERVIEW - Pooja Jha ABSTRACT: Violence against the vulnerable sections of the society arising due to multitude factors in the era of globalization is a serious matter of social and academic discourse. Women at large are becoming to be the vulnerable section of the society, who bear the brunt of the process of social and economic transformations in the 21st century. Violence and its perceptions against tribal women as a legitimate human rights as well as social issue is examined under four broad parameters of globalization, development, displacement and migration. India stands second in terms of tribal population after Africa in the world. There are different names assigned to the different community likewise we have Vanyajati, Vanavasi, Pahariya, Adimajati, Janajati, Anusuchit Jati and Scheduled tribes all of them means “aboriginal”. According to census of 2001, the total population of the tribals is 84.2 million and it accounts to 8.2 percent of total country’s population. They have lived mostly as isolated entities for centuries together and this explains their politico-socio-economic backwardness. KEYWORDS: Violence, Vulnerable, globalization, development, displacement, migration, population, backwardness. INTRODUCTION: In Indian context, tribes or tribal people are those communities of people that live in relative isolation of hills and covered forest, and often in geographical areas inaccessible to the mainstream population. Tribes are generally the group who lacks written letter or scripts. Tribes stand out of the other sections of society as their sense of history is too shallow and vague and has mixed mythology in terms of customs, traditions or beliefs. Women at gender category have been facing gender disparities throughout since the history of evolution of mankind. It is not prevalent in the current scenario rather ages, many continents as Europe have seen its darkest fight even before a century ago. Gender disparities itself is shown in 7 ISSN 2581- 6349 various forms such as declining female ratio in the past few decades, domestic violence and social orthodoxical stereotype at all levels. Discrimination against girls, adolescent, and women is persisting all around the country none of the states are at par from the heinous activities. Globalization though has been considered as rise of the new awakenings but has also presented real challenges in terms of gender inequality and gender crimes. The present study in this article is an attempt to bring the emphasis on the real issues of the tribal women in Odisha, who are being subjected and exposed to whole lots of both in terms of opportunities as well as challenges due to the fast development in the field of economy which have brought them several constraints. These constraints are the real-life hardships and even exposure of violence either due to lack of knowledge or in their work environment. BASIC GOVERNMENT SCHEME:1 Special Central Assistance to Tribal Sub-Scheme (SCA to TSS) is 100% grant from Government of India (since1977-78). It is charged to Consolidated Fund of India (except grants for North Eastern States, a voted item) and is an additive to State Plan funds and efforts for Tribal Development. This grant is utilized for economic development of Integrated Tribal Development Project (ITDP), Integrated Tribal Development Agency (ITDA), Modified Area Development Approach (MADA), Clusters, Particularly Vulnerable Tribal Groups (PVTGs) and dispersed tribal population. SCA to TSS covers 23 States: Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Jammu &Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Odisha, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttarakhand, Uttar Pradesh and West Bengal. Grants-in-aid under Proviso to Article 275(1) of Constitution of India is 100% annual grant from Government of India to States. The programme, the Peoples Empowerment Enabling Transparency and Accountability or PEETHA aims to improve transparency in the distribution of individual and social benefits. OVERVIEW ON KINDS OF VIOLENCE FACED BY TRIBAL & NON-TRIBAL WOMEN IN ODISHA: The present government of Odisha has adopted various policies and schemes in order to combat the Disease called ‘Illiteracy’ from the people for the State. It has adopted schemes and policies called ‘Anwesha’- an Urban Education Programme for SC ST since 2015-16, ‘Akanshya’ and few 1 http://pib.nic.in/newsite/PrintRelease.aspx?relid=180875 ( Visited on August 23, 2019). 8 ISSN 2581- 6349 ‘Ashram Schools’2- thereby focusing on the primary goal of Education. It has organized various schools as well as hostels facility for these under privileged strata who cannot afford their basic need for Education. Well, after these adoptions there has been still too many lacunas to be filled for its cure. Are these policies enough to eradicate illiteracy from that society!? Of course not! Our answers can be. There is much way to go still. We are stuck in between till now and lack many more such policies. During my tenure in the State Commission where I came across many cases about the violence faced by Women across the Capital city as well as across the State. That was too stunned knowing about the number of cases being reported on daily basis minimum of 14-15 cases relating to acts such as domestic violence, dowry-torture, dowry-detention, bigamy where the women were being subjected to these illegal act to crimes. The types and the incidents reported was a dead shock for me. In this era of Modern Gender Equality which we are demanding, there are still those women who cannot even have a safe and peaceful atmosphere at their respective homes. The idea for providing equality is yet at par. The women had faced problems not only with respect to the type of violence but were one of those under-privileged who did not even have any rights known that have been conferred to them- To understand this I would like to mention a case which I came across there, was of a woman who came to the commission to file a case against his husband for denying her to give any recognition as a status of his wife.
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