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Recent Submissions

MECHदूत Issue - 10, April 2025
(Mechanical Department, ITNU, 2025-04)
A Critical Study of the Implementation of Law Regulating Solid Waste Management in Gandhinagar Municipal Corporation
(Institute of Law, Nirma University, 2020-07) Gautam, Rashmi Lakhansingh
The present study involves Municipal Solid Waste Management (GMC) in Gandhinagar city in the state of Gujarat, which aims to propose a model of “clean and green city”. Due to population growth, increasing industrial growth, and the transfer of village-to-city residents, a rapid increase in urban populations, a change in lifestyles, social status, as well as an increase in MSW trend in urban centers. GMC waste generation per day is 95MT and Total per capita waste collected is 380 grams per day. 72 quantity of solid waste is processed 23 quantity is disposed of in the dumped site as per the GMC annual report.(GMC report). The investigator is trying to analyze the MSWM scenario in India using a literature review and Gujarat City as a Case study. This is why, in economic terms, Gujarat is a state with rapid developments and population increases daily, or living standards are high, with huge solid waste rising daily so that problems with environment and health occur. Today, municipal waste disposal in Gujarat is one of the biggest issues. There are eight municipal corporations namely Gandhinagar, Ahmedabad, Surat, Vadodara, Rajkot, Jamnagar, Bhavnagar, Junagadh Municipal Corporations in which only some of the municipalities like Rajkot Municipal Corporation, Surat municipal, Bhavnagar and Ahmedabad municipal has started to focus on the management of solid waste but other municipal corporation in Gujarat as not working properly even not fulfill any criteria of municipal solid waste management rule 2016. The research of the area is Gandhinagar city which is the capital of Gujarat. The study analyses “A critical study of the implementation of law regulating solid waste management in Gandhinagar Municipal Corporation.” The study investigates the collection, transportation, storage, treatment, and disposal practices in Gandhinagar city. After the pilot study, this was found that there are several lacunae follow the management system according to prescribe law and need to improve and follow all rules and regulation of solid waste management handling rule 2016. This problem will be resolved through a multi-pronged approach by effectiveness about the current rules, regulations, and policies about solid waste management and need to focus on all stakeholders who are directly and indirectly involve for Solid waste management process and this was a challengeable task and issue for MSW practices in Gandhinagar city. The Research is aimed to study Municipal Solid Waste Management function(MSWM) & the role of Functionaries, the legal issue relating to MSWM, the Health & Social issue of workers employed in disposes of, Environmental legal issues, and challenges of the different stakeholders. The objectives of the research are to focus & analyze the legal framework for MSWM systems in India and to examine the implementation of law related to MSWM in Gandhinagar city in the state of Gujarat and to analyze the impact of MSWM in Gandhinagar. The research is empirical as well as doctrinal. The information of the research will be collected from primary & secondary sources. Secondary data will include the Authors' view, Scholarly view, Articles published in Journals, obligations of judiciary, Regulations, and directions or orders passed the State Government. Data and information received from the Government Statistical department and Environmental department. While collecting primary data, the method will be used as a survey method, discussion method, and observation method. It will be used with the help of structured questionnaires for a person engaged in handling for Municipal Solid Waste, and different questionnaires for personal engage in managing the MSW & authorities engaging for MSWM. The Significance of the study is providing a motivational force & direction to the Government for effective monitoring & implementation of the rules & regulating law.
Free Speech on Internet: A Comparative Critical Study with Special Reference to India, USA and Germany
(Institute of Law, Nirma University, 2021-04) Patel, Foram
Critical Analysis of Enforcement of Wildlife Protection Act, 1972 and Its Impact on Protection of Wildlife with Special Reference to the State of Gujarat
(Institute of Law, Nirma University, 2023-08) Thaker, Abhisst
Wildlife Protection and Protection of Forest are corelated and interrelated. The 21st Century has seen that sensitivity to the environmental ethics which were there in earlier days in India has now lost its sanctity. Strong governance and effective community implementation are essential for protecting wildlife in India. The invasion of forests through development and human encroachment has impacted wildlife substantially; in this view, in 1972, the need was felt for a legislative framework for wildlife protection and thus, the Wildlife Protection Act, 1972 was enacted. Apart from the specific law on Wildlife i.e. Wildlife Protection Act, 1972, the India Legislative framework on forests / environment consists of Indian Forest Act, 1927, Environment Protection Act, 1986, the Biodiversity Act, 2002 and also the constitutional principles embodied in Part IV being Article 48-A and Article 51. Besides, India is also a signatory to many international conventions. The current policy framework, e.g. Project Tiger, 1973, Project Rhino in 2005 also shows India’s commitment to protecting wildlife. The Apex Court has also made a remarkable contribution to the Protection of Wildlife in India through its Judgments\ which have effectively now shaped the modern-day legal framework. Though there is a specific legal framework along-with with Constitution commitment for the protection of Wildlife still the need is felt for an effective mechanism top serve goal of protection of Wildlife. The present research sought to evaluate the available legal and policy framework for wildlife protection, specifically the pronouncements of the Supreme Court of India and the High Court of Gujarat. India has a variety of flora and fauna. It is the only place in the world with the majestic Asiatic Lion (Panthera Leo) distinct from its African sub-species (Panthera Leo Persica) and many other valuable species like Great Indian Bustard, Wild Ass etc in sanctuaries spread across the State. This research follows essentially doctrinal methods and to a limited extent, empirical methods. The data is qualitative in nature, based on legislative and policy framework and evaluation of judgments of the Supreme Court of India and the High Court of Gujarat. A small observational study was also made by visiting the forests in the State of Gujarat viz Gir Sanctuary and National Park and Velavadar Blackbuck Sanctuary and National Park, unstructured interview was also conducted to understand the implementation of Wildlife protection and measures in the State of Gujarat. The conclusion has been drawn based on the resources meeting above. Recommendations have been made to strengthen the implementation of the Wildlife Protection Act, 1972 and correct the legal gaps for effective implementation, particularly in the State of Gujarat.
Business and Human Rights with a Special Reference to Transnational Corporation Viz A Viz Obligations of State: A Comparative Study
(Institute of Law, Nirma University, 2020-12) Ripal, Gupta
Industrilisation has changed the scenario of economic development and also influenced the government’s policy decisions. 20th Century had come up with tremendous changes. From this century industrialisation had increased rapidly in the world. Due to this rapid growth big corporate and businesses made the economies of the world connected. This new era has put the economy on a positive note of the development. Because of liberalisation, privatisation, and Globalisation the corporate sector becomes a powerful segment globally. They have crossed the borders and put their legs in different countries. On the global stage corporate sector is becoming more powerful. Also, they have been ascribed as the most prominent source to grow income and wealth. Transnational Corporations play a major role in the economy and have a significant impact at all levels of national, provincials, and local governments. And they have a major share not only on the economy but on the people, land and over the environment where we are living. This has resulted in the devastation of human rights by the corporate sector. There are many instances where corporates have infringed human rights during their business. The severe instances include the Bhopal Gas Leakage case in India, Unocal Case in Myanmar, the Royal Dutch case in Nigeria, the Vedanta Resources PLC case in Zambia, etc. These cases have shown that the corporate sector for its profit-making objective infringes human rights and the State makes liberal policies for them for their economic development. This is even realised by the UN, it finds that these businesses disobeying basic human rights. And as a result in 2011, the UN introduced UN Guiding Principles on Business and Human Rights that has been endorsed unanimously by the "UN Human Rights Council". This is a set of guidelines that operationalise the UN framework and further define the obligations and responsibilities of State and Business enterprises with regards to human rights infringements by businesses. The UN clarifies the duties of State and Business entries towards human rights. They specifically put emphasises TNC's role in respecting human rights. According to which wherever the corporation is working and from where it has been operated it has to respect human rights. These guidelines make out the role and responsibilities of both State and the corporate sector. It has main three pillars on which the whole framework is based on i.e Protect, Respect, and Remedy. The corporation must respect Human Rights is what the main agenda is