ISSN 0975-8208 A S P I R E T R U T H I S G O D Army Institute of Law Journal Volume XIII 2020 Peer Reviewed Journal Vol. XIII, 2020 Refereed Journal Since 2006 Listed in UGC-CARE List, 2020 ARMY INSTITUTE OF LAW JOURNAL Vol. XIII, 2020 (ISSN: 0975-8208) Registration No. PUNENG/2007/25057 PATRON Maj Gen Vikram Taneja Chairman, Army Institute of Law EDITOR-IN-CHIEF Dr Tejinder Kaur Principal, Army Institute of Law EDITOR Ms Amria Rathi Assistant Professor of Law Army Institute of Law STUDENT EDITOR Mr Ankit Malik Disclaimer: The views expressed in the Articles and all other contributions to the “AIL Journal 2020” singularly belong to the individual authors and do not belong to the Editorial Board or the Army Institute of Law. No part of this publication may be reproduced or transmitted in any form by any means, or stored in any system of any nature without prior permission. Applications for permission to use the material shall be made to the publisher. Although every care has been taken to avoid errors or omissions, this journal is being sold on the condition that information given in this journal is merely for reference and must not be taken as having authority or binding in any way on the authors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, for the result of any action taken on the basis of this work. Copyright © 2020 The Army Institute of Law, Mohali, Punjab. All rights reserved. ArmyArmy InstituteInstitute Ofof LawLaw JOURNALJournal A S P I R E Army Institute of Law Sector 68, Mohali Contents 1. A Re-Look on Protection of The Rights of Forest Dwellers Viz-a-Viz 1-11 Mining Activities in India Dr M P Chengappa & Ms Manisha Kayal 2. Adultery and Institution of Marriage: An Analysis with Special 12-28 Reference to Joseph Shine V UOI (2018 SC 1676) Dr Devinder Singh & Mr Varun 3. Applicability of Res Judicata in Execution and Writ Proceedings 29-41 Mr Gurpreet Singh 4. Basic Structure Doctrine: Widening Horizons 42-56 Dr Monika Ahuja 5. Indian Constitutional Morality and Secularism in Reference to 57-66 Dr. Ambedkar’s Paradigm Dr Bhupinder Kaur 6. Law Relating to Wills: Indian Perspective 67-78 Dr Rattan Singh & Ms Balwinder Kaur 7. Legal Protection to Refugees in India: An Analysis 79-93 Ms Indu Bala 8. Men's Sexual Harassment at Workplace: An Empirical Study 94-111 Ms Amrita Rathi & Mr Nishant Tiwari 9. Missing Discourse on Triple Talaq and Debate on Muslim Women 112-123 (Protection of Rights on Marriage) Bill, 2019 Ms Meena Kumari 10. Nikah Halala: A Violation of Muslim Divorced Woman’s Right to 124-134 Dignity Dr Raghuvinder Singh & Ms Arti Sharma 11. Paid News Pandemic: Undermining Constitutional Democracy 135-144 Dr Bharat 12. Relevancy of Legitimacy of Children Born out of Live-In-Relationship: 145-159 A Socio-Legal Concern Ms Wazida Rahman 13. Response of Legislature and Judiciary to Cryonic Life Extension in 160-176 Canada And India: A Comparative Study Ms Supreet Gill 14. Restitution of Conjugal Rights: Critical Appraisal 177-188 Ms Jasleen Chahal & Ms Sunidhi Singh 15. Rights of Differently-Abled Person to Access Higher Education and 189-201 Employment: An Appraisal Dr Sanjeeve Gowda G S 16. Role of Election Commission of India in Curbing Electoral Offences 202-212 Under The Representation of People Act, 1951 Dr Ajay Ranga & Mr Purushotam 17. Role of Expert Opinion Under Indian Criminal Justice System 213-223 Ms Panchampreet Kaur 18. Role of Law in Poverty Alleviation: An Analysis 224-236 Mr Sajandeep Kinra 19. Sexual Harassment of Women: A Study with Reference to Educational 237-248 Institutions in Chandigarh Dr Babita Devi & Mr Deepak Thakur 20. The South China Sea Dispute: Genesis, Legal Issues and New 249-260 Developments Dr Ajaymeet Singh & Mr Ankit Malik 21. The Transitional Shift from The Human Rights of The ‘Mentally 261-271 Retarded’ to The Human Rights of The Persons With Intellectual Disabilities- The Disability Often Ignored Ms Nidhi Sharma 22. Transgenders Under Indian Legal System: An Analysis 272-289 Dr Gurpreet Pannu 23. Women Entrepreneurship: A Means of Achieving Gender Justice 290-304 Dr Jai Mala & Ms Shivanshi Thakur 24. Artificial Intelligence in Healthcare- A Boon or Bane 305-317 Ms Aishwarya Jagga 25. Artificial Intelligence: Legal Personality and Liability 318-329 Mr Mayank Sharma 26. Laws Vs. Laws: Mapping Autonomy of Killer Robots 330-342 Mr Omvir Singh Vol. XIII, 2020 1 Army Institute of Law Journal A RE-LOOK ON PROTECTION OF THE RIGHTS OF FOREST DWELLERS VIZ-A-VIZ MINING ACTIVITIES IN INDIA - Dr M P Chengappa* & Ms Manisha Kayal** INTRODUCTION India is a very rich land when it comes to mineral resources, and most of these resources are located in the dense forests, which are the home to various indigenous people. The increase in various mining activities has lead to the exploitation of these indigenous populations, which are for commercial gain at the cost of the livelihood of these people. Every sustainable model of development should aim at the indigenous people having rights over their land and the improvement of their livelihood. The Constitution of India, 1950, and various other welfare legislations been enacted for protection of these tribal populations from being exploited, and they deserve the same rights and respect as any other person in the society. The industrial development and urbanization process has been the cause of the destruction of major portions of the forests throughout the world. Mining activities are one of the activities which causes threat to enviorment as well as promotes economic development of the country which can lead to a negative impact on the forest, ecology, environment and the people living residing near such activities. These adverse impacts on the people and the environment can be prevented by following proper mechanisms and taking necessary precautionary measures.1 There have been various instances where mining activities have bypassed the various provisions of law as it takes place in remote places where it is impossible to keep a track if 10 hectares of land is permitted and the concerned industry uses 15 hectares of land and damages further 5hectares. Many people have been forcefully displaced from their land and have been shifted to other places, especially the forest dwellers, and the tribal population has been highly affected by such mining activities. These displacement processes not only take away the land from the tribal people but also affect their health, education, and economic status by forcing them to other places where they have no means of livelihood. The Supreme Court of India has played an active role by looking into the concerns of these people and has tried to create an equilibrium between * Assistant Professor, WB National University of Juridical Sciences, Kolkata. ** LL.M, WB National University of Juridical Sciences, Kolkata. 1. Philippe Cullet, 'Mining, Land and Water Law: Ensuring Sustainable and Equitable Outcomes' (The bloomsbury, 11 January 2017)<http://www.bloomsbury.ac.uk/studentships/studentships-2017/mining-land-and-water-law- ensuring-sustainable-and-equitable-outcomes-soas-bbk> accessed 30 March 2019. Vol. XIII, 2020 2 Army Institute of Law Journal the rights of the tribal population and the development projects. The tribal groups in India have been under the constant fight for protecting their rights against the development schemes, which affect their livelihood and force them to be displaced. The Orissa Mining Corporation2 case has not only protected the rights of the tribal community but the Court also portrayed that development projects which are a platform for major employment opportunities for many people cannot be implemented by disregarding the rights of the tribal communities and the forest dwellers who mainly depend on the forests for their daily livelihood.This judgment was a landmark case after which the Indian Judiciary has evolved its approach to uphold the rights of the forest dwellers and protect them from unjust encroachment of their land and livelihood. THE RIGHTS OF THE FOREST DWELLERS ‘Tribe’ is, in its common meaning, means the people of a social group living in primitive conditions in a fixed territory. They are the people who reside in the forests since the primitive ages and continue living there in modern society3. Forest dwellers are these tribal people who live in the forest land and depend on the forest products for their livelihood. They are considered to be a part of the forest itself as they are adapted in the various conditions of the forests. There are still various incidents where many indigenous communities are at the risk of being evicted without a necessary rehabilitation scheme being implemented. The legislative schemes,in many instances, have not beenable to protect the tribal community from large corporations that attempt to amass control over the collective resources of these tribal people and often end up destroying their life support system in the process. Article 366 (25) of The Constitution of India, 1950, states that Scheduled Tribes are the people of the tribes or the tribal groups, as mentioned under Article 242, and Article 242 states that these are the tribes as declared by the President by the issuance of a public notification. Post- independence various legislations have been enacted to empower the Indian tribal group and upholding their rights like the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as the “FRA”) and the panchayats Extension to Scheduled Areas (hereinafterreferred to as the “PESA”) Act, 1996. 2. Ibid. 3. Anuj Kumar, 'Rights of tribals in india with respect to access to justice' (Legal desire , 25 June 2016) <http://www.legaldesire.com/rights-of-tribals-in-india-with-respect-to-access-to-justice/> accessed 15 March 2019.