OIDA International Conference on Sustainable Development 2013
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OIDA International Conference on Sustainable Development 2013 Session Human Rights and Good Governance Accepted Abstracts Judicial Academy Chandigarh India. December 04 - 05, 2013 Ref#: 007/IND/13 Equality through Positive Discrimination in Education: A Utopian Dream of India Abhinav Gaur a, Vikram Shah b a Symbiosis Law School, Noida, India. a Corresponding authour: [email protected] Abstract Positive discrimination is an institutionalized way of enabling those historically disadvantaged by a political system to participate in public life. Also known as Reverse Gender Bias, it precisely means to positively discriminate against members of a dominant or majority group or in favor of members of a minority or historically disadvantaged group. In other words, it is a criterion of selecting representatives of different groups as a way of addressing the existing social inequalities The Egalitarian theory of ‘equality among equals’ is well found in the jurisprudence of Indian Legal System. But the theory of Positive discrimination gives a legal sanction to push down someone with more capabilities, and its worse when it is in the arena of education. The question of stringent impact of positive discrimination policies in education sector have not only enraged the youth in India but also have attracted debates among veterans in different spheres. This comes as a surprise that positive discrimination as a whole and in education in particular is a much argued upon issue in India and the amounts spent to promote education for the Scheduled Castes and Scheduled Tribes is the largest budget of the compensatory discrimination policies. The most striking part is that policy of positive discrimination has not only penetrated deep into current education industry but also is digging deep into employment sector, with the reservation in promotional designations in public sector as well. That in turn, slams down a million time more potential candidate, who is put down only because he doesn’t fall well within the umbrella of reservations. Favoritism on the grounds of caste, ultimately doing injustice to someone more desirable and potential is highly unacceptable. The paper shall detail out the Positive Discrimination policy’s long history in India, which surprisingly date from the Colonial period. In the other section of paper, we shall deal with the impact of the reservations in education, which consists in two main policies. The first one is free secondary education for members of the targeted groups (along with various schemes of scholarships), and the second one is seats reserved in higher education institutions. The paper shall finally discuss that how making of reservations as “compensatory discrimination” in India does not look to eradicate the caste system; it simply aims to boost some oppressed castes, whether at the bottom or the middle of the caste ranking, and is thus not an effective tool. Keywords: Education, Positive Discrimination, Reservations, India Ref#: 010/IND/HRGG Creating a Successful Organizational Business Model on the CSR Framework Arjun Singh a, Sumit Lalchandani b, Priyash Sharma c a,b,c Symbiosis law School, Noida, India. a Corresponding author: [email protected] Abstract The Five pillars that have been emphasized in this paper are as follows: ‘Corporate Social Obligations – Markets – Equity - Stakeholder Interests - Legal Issues’ Our research paper intends to highlight upon a contrarian view to the corporate social responsibility (CSR) debate. Since the late 1960’s CSR has grown in relevance across corporate cultures and today it has elevated its status to a level where it is no more one of the ways to appease government organizations to set your business growth but is fast becoming a way of life for them. The model that we have been able to create will provide 5 major pillars to the theory, and will integrate them to make the core business fundamentals, based on the CSR framework on an antithesis level. Basis this, organizations can build their business models for growth in lines to building a better equity on a short / long-term parameter. This article attempts to examine the concept and practices of CSR and further tries to understand and define CSR in a more precise manner. Each and every firm has an obligation to use its resources in such a manner that it benefits the society, give full committed participation as a member of the society and strive for the welfare of the society independently of the direct gains of the company. Activities in Corporate Social Responsibility (CSR) range from single-issue events to integrative triple-bottom-line approaches. Considering the latter provides a multitude of innovative tools with differing intentions, qualities and application scopes. The present paper is conceptual in nature and focuses on different CSR innovative tools implemented by the organizations. Today, the challenge that organizations face is to develop a short / long-term self-sustaining model that can deliver on this framework on a sustainable basis. However, our research has shown that organizations, which are ready to innovate, have managed to ride over this obstacle, with partnering approach emerging as one of the ways to create value for both businesses and society simultaneously. Partnering approach focuses on key areas of impact between the front and back end mechanism, with emphasis on creating innovative solutions that draw complimenting capabilities of both ends to address major challenges that affect each partner in this purpose. In our research, we build on pillars with partnering approach to provide a practical way forward for entrepreneurs to make decisions based on the CSR knowledge base. We have taken a step forward in integrating these silo areas into business advantage points, which makes it interesting for business owners to invest upon this theory Keywords: Corporate Social Responsibility, welfare, society, Research Innovation Ref#: 016/CAN/13 Human & Social Rights in the Context of Sustainable Development Rahul Yadav a a Rajiv Gandhi National University of Law, Patiala, India. a Corresponding author: [email protected] Abstract Good governance and human rights are mutually reinforcing. Human rights principles provide a set of values to guide the work of governments and other political and social actors. They also provide a set of performance standards against which these actors can be held accountable. Moreover, human rights principles inform the content of good governance efforts: they may inform the development of legislative frameworks, policies, programmes, budgetary allocations and other measures. On the other hand, without good governance, human rights cannot be respected and protected in a sustainable manner. The implementation of human rights relies on a conducive and enabling environment. This includes appropriate legal frameworks and institutions as well as political, managerial and administrative processes responsible for responding to the rights and needs of the population. By linking good governance to sustainable human development, emphasizing principles such as accountability, participation and the enjoyment of human rights, and rejecting prescriptive approaches to development assistance, the resolution stands as an implicit endorsement of the rights-based approach to development. It 1 expressly linked good governance to an enabling environment conducive to the enjoyment of human rights and "prompting growth and sustainable human development." In underscoring the importance of development cooperation for securing good governance in countries in need of external support, the resolution recognized the value of partnership approaches to development cooperation and the inappropriateness of prescriptive approaches. The interconnection between good governance, human rights and sustainable development has been made directly or indirectly by the international community in a number of declarations and other global conference documents. For example, the Declaration on the Right to Development proclaims that every human person and all people “are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development” 2. In the Millennium Declaration, world leaders affirmed their commitment to promote democracy and strengthen the rule of law as well as to respect internationally recognized human rights and fundamental freedoms, including the right to development. According to the United Nations strategy document on the MDGs 3, entitled “The United Nations and the MDGs: a Core Strategy, "the MDGs have to be situated within the broader norms and standards of the Millennium Declaration," including those on “human rights, democracy and good governance.” Keywords: Human rights, accountability, development, fundamental freedoms 1 Resolution 2000/64 2 Article 1 3 Millennium development goals Ref#: 024/CAN/13 Tools and conditions for justice in environmental matters: A consideration of the India story Rishi Chib Hidayatullah National Law University, Raipur, New Delhi, India. Corresponding author: [email protected] Abstract The main objectives of this paper are to assess the efficacy of the existing regulatory framework and to outline recommendations that should help in overcoming these obstacles. The research will be descriptive and analytical in nature. Furthermore, a deductive approach will be followed in the paper wherein the research will be conducted by taking certain generalized notions into account of environmental