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IILS LAW REVIEW Vol. 7 Issue 1/2021 ISSN 2320 – 5318

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IILS LAW REVIEW Vol. 7 Issue 1/2021 ISSN 2320 – 5318 IILS LAW REVIEW Vol. 7 Issue 1/2021 ISSN 2320 – 5318 IILS LAW REVIEW INDIAN INSTITUTE OF LEGAL STUDIES UG & POST GRADUATE ADVANCED RESEARCH STUDIES IN LAW Accredited by NAAC Affiliated to the University of North Bengal Approved by the University Grants Commission, New Delhi Recognized by the Bar Council of India, New Delhi Siliguri, P.O. Salbari, Dist. Darjeeling – 734002 (West Bengal), India Phone: (0353) 2960665, Fax: (0353) 2960668 [email protected], [email protected] Website: www.iilsindia.com IILS LAW REVIEW Vol. 7 Issue 1/2021 ISSN 2320 – 5318 EDITORIAL BOARD PATRON Mr. Joyjit Choudhury, Hon’ble Founder Chairman, Indian Institute of Legal Studies Siliguri, West Bengal, India, EDITOR- IN- CHIEF Prof. (Dr.) Ganesh Ji Tiwari, Principal, Indian Institute of Legal Studies, Siliguri, West Bengal, India, ASSOCIATE EDITOR Dr. R. K. Singh Associate Professor IILS Siliguri West Bengal, India. EXECUTIVE EDITORS Rupa Pradhan, Asst. Prof. of Law, IILS, Siliguri, West Bengal, India. Souradeep Rakshit, Asst. Prof. of Law, IILS, Siliguri, West Bengal, India. Anuttama Ghose, Asst. Prof. of Law, IILS, Siliguri, West Bengal, India. SM Aamir Ali, Asst. Prof. of Law, IILS, Siliguri, West Bengal, India. ADVISORY EDITORIAL BOARD Prof. (Dr.) R. Venkata Rao, Professor of Law & Former VC, National Law School of India University, Bengaluru, Karnataka, India. Prof. Dr. B.C. Nirmal, Professor of Law & Former VC, National University of Study and Research in Law, Ranchi, Jharkhand, India. Dr. T.K Chatterjee, Director (Hony) Indian Institute of Legal Studies, Siliguri, West Bengal, India Prof. (Dr.) K. I. Vibhute, Director, Amity Law School, Mumbai, Maharashtra, India. Prof. (Dr.) Manoj Kr. Sinha, Director, Indian Law Institute, Delhi, India. Prof. (Dr.) Rathin Bandopadhyay, Former HOD and Professor of Law, Dept. of Law, University of North Bengal, W.B., India. Prof. (Dr.) R.D. Dubey, HOD, Dept. of Law, Panchanan Barma Cooch Behar University, W.B., India. W.B., India. Prof. (Dr.) Subhram Rajkhowa HOD Dept. of Law, Gauhati University Prof. (Dr.) K C Rawal, Director, School of Law, Gujarat University, Ahmedabad, India. Prof. (Dr.) A. K. Pandey, Professor, Dept. of Law, Hemvati Nandan Bahuguna Central University of Garhwal, Uttarakhand, India. Prof. (Dr.) Kavita Singh, Professor of Law, West Bengal National University of Juridical Sciences, Kolkata, W.B., India. Prof. (Dr.) D.K. Srivastava, Professor of Law, Banaras Hindu University, U.P., India. Prof. (Dr.) Jyoti Mozika, HOD & Professor of Law, North Eastern Hill University, Meghalaya, India. Prof. (Dr.) Pawan Kr. Mishra, Head and Dean, & Professor of Law, Central University of South Bihar, India. ABOUT IILS The Indian Institute of Legal Studies established in the year 2010 has evolved into a unique system of imparting legal education not only in North Bengal but also as an emerging education and Research Centre in the SAARC region with the establishment of the Centre for SAARC on Environment Study & Research. Acknowledged as one of the best law colleges in India, IILS is nestled in the cradle of the quaint Himalayas and picturesque surroundings assimilating nature and education, a combination which is a rarity in itself. IILS is an institute that promotes holistic study in Law in the form of short-term courses, field work, experimental learning, Clinical legal classes in addition to the regular under graduate course. Post Graduate courses and Research Centre are already functional, which will mature into doctrinal courses. The Institution takes pride in hosting workshops for police officers of North Bengal on Human Rights and Cyber Crimes, where the institute was privileged to have the presence of eminent police officers and scholars from different corners of the country. The Bureau of Police Research & Development, Ministry of Home Affairs, Government of India had approved the organizing of a vertical interaction course for IPS officers on Criminal Justice Delivery System which was witnessed by the gracious presence of the Hon’ble Judges of the Supreme Court of India and the various High Courts. The Institution has been organizing a series of National and International Seminars, Conferences, Symposiums, Workshops and Inter and Intra Moot Court competitions. The Institute had started with organizing national seminar on “Civil Justice Delivery System”. Today, it has reached the peak of organizing international seminars with the SAARC Law Summit & Conclave being the blooming one. Presently, the world is facing health crises due to emergence of a pandemic by COVID-19 virus and physical gatherings have been completely stopped, especially in schools, colleges and universities since past almost 6 months and more. But even during this pandemic, the Indian Institute of Legal Studies was the first of its kind in this region that has undertaken the initiative of conducting online classes for the students of both UG and PG courses and has been conducting them effectively since its very beginning to reach out to the students through online teaching- learning mechanism from the very initial period of lockdown. Also, the college have successfully conducted internal examinations through online mode so that the continuous evaluation of students does not come to a halt. The Institution’s vital location, its active participation in imparting knowledge and molding its students into sensible and responsible individuals has brought to its credit to serve as the nucleus for education in the North Bengal region. The emphasis in the academic development with its adoption of inter-disciplinary and practical approach has aided its students to gain deeper understanding of the learning process and value for education. Additionally, it has not merely laid the importance for the value and the need to be educated individuals, or to serve as efficient lawyers, but more essentially, to be reborn as a socially viable and responsible beings to construct appropriate mechanisms for building a better society for the coming future. MESSAGE FROM THE PATRON SHRI JOYJIT CHOUDHURY Founder Chairman Indian Institute of Legal Studies This journal, though in its nascent and juvenile stage, has received the rare distinction of being recognized by the UGC. It provides the entire team responsible for its publication, the vivacity and vigor to move forward and present ideas and thoughts to its readers. It has been made possible by the relentless efforts put in by the editorial team which has had the good fortune of having extremely able and imaginative research assistants. While choosing on the topic, I have decided to jot down a few lines on the unprecedented crisis that the entire human race has been facing due to the COVID -19 Pandemic. The onset of spring this year has been quite different from other years. It had demonstrated signs of pathological anxiety. The COVID -19 Pandemic has diseased humankind and it has been considered as a global health crisis of the modern civilization. This has been the greatest challenge we have encountered since the World Wars and the Great Economic Depression of the 1930s.The present hour weighs heavy with gloom and it is the dire need of the world to generate pragmatic responses to overcome this epidemic and the most erudite brains all over the globe are tirelessly striving to devise strategies and remedies to combat this crisis. If we take a look at the history of the Corona virus, it originated sometime in the middle of December in China at a live seafood market and then spread to the Wuhan area. Gradually, it spread to Italy, U.S.A, Europe and other countries of the world. The affected countries have been called to take immediate steps to detect, treat and reduce the further spread of the virus to save lives of the people. Presently COVID-19 is no more confined to China, Italy or U.S.A. It has become a global issue. The economic impact has had devastating and cascading effect world-wide with closure of business entities, rampant job loss coupled with non -existent economic activities putting the lives and livelihood of a large section of the world 's population in peril. The poor vulnerable daily wage earners and migrant workers are the ones who are worst affected. Concrete measures must be adopted by the governments to provide this section of the population with sustainability incomes or else the world shall witness an increase in the pre-existing inequalities. The Governments must strengthen social protection and livelihood, reorient public finance to augment human capabilities, introduce measures to limit bankruptcies and create new sources of job creation. In adverse times as this, when our newsfeed is buzzing everyday with dark and gloomy information about lockdown, boycotts, rising death toll, a sense of uncertainty is baffling our minds. We,as responsible citizens of our country must try to hold on our nerves. We must learn not to panic as lots of myths and fake news are being circulated by fraudsters. Domestic abuse, depression, suicidal tendencies are increasing because of the anxiety that is looming large. We must realize that anxiety is contagious and make conscious efforts to combat it. COVID -19 has had adverse impact on the entire educational system and the entire student fraternity has been affected irrespective of their social backgrounds. The mental health of students has also been impacted upon. An effort has been initiated to normalize education system by the use of technology. About 1.5 billion children around the world have had to stay home and indoors in their efforts to minimize the transmission of the virus. Even though remote learning opportunities have been adopted yet 30 percent of the students -around 463 million worldwide- were deprived access to such a method by remote learning due to depravation and poverty. This has led to a global education emergency and the repercussions shall be felt for decades to come. Such unequal access to education particularly in rural areas shall lead to skewed human response development which is detrimental to humanity.
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