Volume 07 Issue 03

OIDA International Journal of Sustainable Development
Open access peer-reviewed journal 

Human Rights Dimensions: A Road Map to Good Governance In India
Mini S.
School of Law, Christ University, Bangalore, India

Volume 07, Issue 03, Pg. 11-18, 2014.

Abstract: The values and contours of human rights differ from time to time and sector to sector. The sectoral differences cut across places, societies and masses. International documents envision human rights as fundamental freedoms originating from inherent dignity of man. When it comes to implementation, there are many intrinsic threats and obstacles like poverty and exclusion of human rights. Apart from that, new challenges are posed by science and technology like bio-technology and ICT. A democratic political system is accepted as the best for free exercise of these individual rights. At the same time, democracy cannot be meaningful without recognizing human rights of its subjects. A good democracy ensures civil and political rights to its subjects and aims at achieving socio-economic rights.  Indian Constitution envisages the values which are mandatorily included in the governance of the country. The basic human rights precepts gels with the constitutional principles and values and it is important to look at governance from the human rights perspective. Prof. Upendra Baxi points out human rights should be the grammar of governance.

Governance is defined and understood as a process by which governments are selected, policies are formulated and implemented and citizens are respected. When the government and its institutions are more transparent in their policy making and actions and accountable to people then, the governance will be more efficient. The responsiveness of the governance system to cater the needs of the public is also an important factor. When the interested groups are allowed to participate in the decisions making process and all behave under rule of law then the system is said to be following the attributes of good governance.

Good governance is essential to the realization of all human rights including elimination of poverty and ensuring a satisfactory livelihood for all. Good governance provides an environment that ensures human rights. 

India is a country which is a forerunner in accepting and recognizing the human rights of its subjects. The quality of governance in India is always criticized and people are of the opinion that as a nation, we have a long way to go. Corruption is a big challenge.  Transparency International reports that about 40% of Indians had firsthand experience of paying bribes or using a contact to get a job done in public office. India stands 74th out of 176 countries in the Corruption Perceptions Index in 2012. Apart from that the challenges of economic growth and development poses threats to protection of human rights in India. Hence it is a huge challenge to a country like India to link the dynamic human rights to the dynamic constitutional principles to accomplish good governance. 

This paper is a study of the issues relating to  human rights read with good governance. The paper also analyses the methodologies which can be adopted to make human rights a part of governance culture and concludes by examining how this can contribute to the inclusive development  of the nation. 

Keywords: democracy, good governance, human rights, inclusive development, transparency

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Sand Mining: Curbing the Evil to the Environment through Sustainable Substitution and Legislative Action
Monica U. a, Abishek Murthy b
a,b School of Law, Christ University, Hosur Road, Bangalore – 560029, Karnataka, India 

Volume 07, Issue 03, Pg. 19-28, 2014.

Abstract: The purpose of this paper is to examine sustainable construction practices with respect to the use of substitutes for sand in construction and the enforcement of the same through legislation. It is a well-known fact that the use of riverbed sand for construction purposes has gradually led to excessive sand mining. This has in turn affected the environment and further, the recent lack or high cost of availability of such sand has led to not only various malpractices, but also the need to find an eco-friendly cost effective substitute.

Theoretical concerns: (1) the continuation of sand mining leads to the death of water bodies (2) the complete substitution of riverbed sand with manufactured sand would lead to excessive quarrying and thereby death of mountains (3) the malpractices that may be the outcome of both these activities. The complete substitution would lead to hazardous environmental impact. Thereby, there is a need to provide for a balance between the use of both these sand in construction. Such balance, be it through the additional use of other substitutes, can be achieved only through a legislative approach.

Summary of the concern: This paper provides for an understanding of the necessity of sand mining, its process, and the impact of the same to the environment. The paper examines the effect of lack of availability of riverbed sand or rather, the high cost of availability of the same due to the ill-effects of excessive mining. It goes on to investigate the various cases in which such high cost of availability has resulted in malpractices in construction by various Developers, in particular, the instances of using filtered sand for construction which have resulted in structural deficiencies and in many cases collapse of the structure. In such cases, it is usually the public who is affected, be it as a victim of the collapse of the structure or as the investor in the project.

This paper examines the various substitutes that may be used for sand, in particular, manufactured sand. It is also called crushed stone sand or artificial sand. The paper provides for a comprehensive understanding of the process manufacture of such sand, its properties, justifies its substitutability, and examines the pros and cons of the same. One of the problems that the paper focuses on is the aspect that manufactured sand may also have its own adverse effects on the environment, namely, increase in quarrying and the disappearance of mountains and hills in the process.

Finally, this paper attempts to suggest the possible provisions of such legislation after the examination of various decisions of the Supreme Court, National Green Tribunal, and Committee Reports.

Research methodology

 A doctrinal method of research purely based on various published articles in journals, newspapers, magazines, and books has been employed to achieve the purpose of this paper in accordance with the objectives of the Conference. 

Main arguments

(1) There is an increasing need to substitute riverbed sand in order to protect water bodies and groundwater. This is evidenced by the various decisions of the Supreme Court and the National Green Tribunal to protect water bodies from the harmful effects of sand mining. Further, it is also evidenced by various articles in newspapers and magazines increasing the awareness about the problems and harms that can be attributed to sand mining. (2) The lack or high cost of availability of sand has led to malpractices such as the use of filtered sand evidenced by reported instances of structure collapse. (3) Manufactured sand, when used in the right proportion with riverbed sand or other substitutes helps achieve sustainable construction practice which has been evidenced by articles by various scholars.

Keywords: manufactured sand; mining; regulation; sand; sand substitutes

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Architecture of a low cost technology solution integrating mobile financial services with Aadhaar authentication to accelerate Financial Inclusion in India
Shalu Chopra a, Arun M. Sherry b
a Vivekananda Education Society’s Institute of Technology, Mumbai University, India.
b Bridge School of Management, Gurgaon. India.

Volume 07, Issue 03, Pg. 29-35, 2014.

Abstract: Mobile phone technology is increasingly emerging as a high potential and well suited channel for delivering mobile money and other financial services in a convenient and secure manner, allowing service delivery at low cost and in a ubiquitous manner. It offers the potential to significantly extend the outreach of financial and banking services to millions of people. In particular, the reach and affordability of mobile phones in rural India can be leveraged to meet the basic financial requirements of poor and unbanked people. Aadhaar (the unique bio-metric identity from UIDAI) authenticated mobile financial services along with the Business Correspondent model for service delivery, can address mainstream banks’ major barriers to serving the low income market: the need for extensive high cost branch infrastructure, managing high volumes of low value transactions; fulfilling Know Your Customer (KYC) requirements; addressing Anti Money Laundering (AML) and Combating the Financing of Terrorism (CFT); and convenient anytime/anywhere delivery of services, that the banked customers have access to, through ATMs and Internet banking. This paper attempts to explore the potential of mobile technology and Aadhaar in extending banking and micro-financial services to the unbanked.

Keywords: Mobile banking, Financial Inclusion, Agents, Business Correspondent (BC) model, Branchless Banking, Aadhaar, POS/POT, micro-ATM, ATM, Internet banking, Customer Service Point(CSP).

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Identifying Household Level Determinants Of Poverty In Albania Using Logistic Regression Model
Elena Myftaraj (Tomori) a, Eglantina Zyka b, Ruzhdie Bici c
a,b Faculty of Economy, University of Tirana, Albania. 
c Living Condition Sector, INSTAT, Albania.

Volume 07, Issue 03, Pg.36-45, 2014.

Abstract: The general goal of this paper is to analyze poverty in household per capita consumption as a monetary measurement and based in the data from Albania trying to identify probable determinants that influence in falling in a trap of poverty. Current literature suggests several ways of modeling the determinants of poverty. Usually the regression analysis is used to check in the same time the influence of the different factors. In this paper, binary logistic regression was estimated with economic status (poor-non poor) as dependent variable and a set of characteristics of individual and household as independents variables. The logistic model used shows that probability of being poor is found to be influenced mainly by education and status of employment of household head, the household composition and geographic divisions.

Keywords: Poverty, determinants, logistic regression.

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The Linkages Between Climate Change And Biodiversity: A Case study Of Hamirpur District In Himachal Pradesh, India
Anuradha Maurya
Department of Geography, University of Delhi, Delhi, India.

Volume 07, Issue 03, Pg. 46-50, 2014.

Abstract: Climates have changed and are still constantly changing at all scales, from local to global, and over varying time-spans. There have been, however, surges of change over time which meteorologists and earth scientists are continually trying to clarify and explain. Global climatic change due to increasing atmospheric concentrations of greenhouse gases has dominated the environmental agenda since the mid 1980s. There is no doubt that over the last 100 years or so, human action has significantly increased the atmospheric concentrations of several gases that are closely related to global temperature. It seems likely that these increased concentrations, which are said to continue to rise in the near future, are already affecting global climate, but our poor knowledge and understanding of the workings of the global heat balance make the current and future situation uncertain. Since the atmosphere is intimately linked to the workings of the biosphere, hydrosphere and lithosphere, the projected changes in climate will have significant effects on all aspects of the natural world in which we live. Therefore there is no bigger challenge in the world today than how we respond to the scientific evidence that our climate is warming- for which the human race is responsible.

On the other side, Biodiversity is the key indicator of a healthy planet and healthy society. Forests support ecosystem services which, in turn, support mankind, proving food, shelter and medicines for the people who live in and near them. Such a precious resource should be guarded jealously, but that is simply not happening. The global warming destroys plants and species we have barely discovered, robbing mankind of potential medicines. It also causes hardship for many of those people who rely on these wonderful natural resources. The demands placed on the world’s forests are great and growing. Losses of biodiversity have now become widespread and current rates are potentially catastrophic for species and habitat integrity. 

However, the impacts of climate change are most seriously felt in the Himalayan regions because latter belong to the most vulnerable ecosystems and lives of the people are closely entangled with the natural recourse base, as 90% of the population is dependent on agriculture and animal husbandry. Any change in the natural resources of the region due to climate change will have far reaching repercussions. Himachal Pradesh faces an urgent need to adapt to certain measures for the expected impacts of this global phenomenon. The environment has thus become a focused issue in the state. A multidisciplinary approach at the government, societal and individual level is required to nullify the effects of climate change. The state government is moving ahead on the path of development with utmost care to ensure that in no way the environment of the state is disturbed by the developmental activities. The state government has taken many initiatives to protect the environment. Keeping environment protection at the top most of the government developmental agenda, the hilly state Himachal Pradesh is poised to emerge as the first carbon neutral state not only in India but also in the Asia subcontinent.  

Thus Climate change is thus not just an environmental issue but is also an economic issue, a social issue, a security issue and, above all, a moral issue. There are also many challenges faced by the people living in and around the forests. Like striking a balance between biodiversity protection and their sustainable use, while increasing the share of benefits, also poses major challenges. Measures like adoption of new bio diverse habitats to ensure that they cope with human impact, climate change and alien species invasion can be useful.       

The present study is an attempt to co-relate the linkages between Climate Change and Biodiversity. The study basically tries to concentrate on the spatial and temporal aspects of Climate in Himachal Pradesh. It tries to analyze the status of biodiversity in the state and focuses on the relationship between Climate Change and Biodiversity. The study highlights the impact of Climate Change on Biodiversity as well as the importance of biodiversity in reducing climate change. Thereafter it discusses various policy measures and management techniques to delimit and minimize the issue for a secure sustainable environment in future.  This is the focus of the paper.

 Keywords: Biodiversity, Climate Change, Environment, Species extinction, Sustainable Environment.

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Crop Farmer’s Assessment of Osun State Agricultural Development Programme (OSSADEP) in Iwo Local Government Area, Osun State, Nigeria
Comfort Oyekale Adamu
Department of Agricultural Extension and Rural Development, Federal University of Agriculture, Abeokuta, Ogun State, Nigeria 

Volume 07, Issue 03, Pg. 51-58, 2014.

Abstract: This study assessed the activities of OSSADEP in Iwo Local Government Area (LGA) of Osun state. A total of 90 crop farmers that have benefitted and/ still benefitting from the services of OSSADEP were selected through a 2 staged simple random sampling techniques. Data was collected through an interview guide and the information collected was analyzed through descriptive statistical analysis. The result of the study shows that the crop farmers have benefitted from the organisation mainly in terms of input availability, fertilizers, regular extension services and helping to solve the farmers to solve their problems. But they still face constraints of low yield , pests and diseases. On assessing the organisation the mean value reveals that the programme has been relevant to their community, help to increase income and yield while the organisation has performed poorly on areas of quick disbursement of input and bringing new technologies to the farmers. the study therefore concludes that the crops farmers have benefitted from OSSADEP activities but are still faced with some constraints but the assessment of the farmers have shown that the organisation has fared well but need to improve on their weak areas. It therefore recommends that OSSADEP should sustain their activities but improve on the timely disbursements of inputs at the right time and quantity.

Keywords: Agricultural Development Programme (ADP), assessment, crop farmers, Osun state

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Analysis Of Information Sources Used By Academic And Non Academic Employees Of Selected Colleges Of Agriculture In Oyo State In Nigeria
Stephen Oluseun Adeogun a, Ayodele Samuel Adewuyi b
a Department of Agricultural Administration, Federal University of Agriculture, Abeokuta, Ogun State, Nigeria.
b Department of Agricultural Economics, Federal University of Agriculture Abeokuta, Ogun State,  Nigeria.

Volume 07, Issue 03, Pg. 59-66, 2014.

Abstract: The study analysed the information sources to academic and non-academic employees of selected colleges of agriculture in Oyo State Nigeria. Study data were obtained from random sample of senior level CONTIS 8 and above)  academic and non-academic employees of Federal College of Animal Health (FCAH) Moor Plantation, Ibadan and Federal College of Forestry (FCF) in Oyo State, Nigeria. Majority (75.3%) of the respondents were between the ages categories 30-40 years few (12.9%) were above 40 years old. Many (65.9%) were male, while 72.9% were married. Among the respondents, majority (78.9%) had only one child while majority (67%) had 5 years working experiences in their colleges. On the educational attainment, 31.8% had BSc. and MSc. degrees respectively while very few (4.7%) had PhD degree. The study found that majority (88.2%) of the respondents earns more than 1.3millon Naira/year (USD 8,417/year). The finding shows that the most frequent sources of information for academic staff include; Internet (pastedGraphic.png = 3.13), Journal publications (pastedGraphic.png=3.10), and CD-ROM (pastedGraphic.png= 2.82) while the major sources of information to non –academic staff include Books (pastedGraphic.png=3.12), other colleagues (pastedGraphic.png=2.98) and Radio (pastedGraphic.png=2.95). The t-test analysis comparing the significant difference in the information sources to academic and non-academic staff shows significant difference in the information sources between the two categories. Study concluded that employees of selected colleges of agriculture obtain information from many sources, but the most important of these sources include; newspaper, television, other research institutes and radio. Study recommended that the institutions should improve on these facilities to improve the quality of information the employees of these institutions are having access to.

Keywords: Information sources, Academics and non-academics Staff, Agricultural Colleges, Oyo State and Nigeria.

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Vulnerable Position of Traditional Knowledge Under IPR: Concern For Sustainable Development
Gargi Chakrabarti
National Law University, Jodhpur, Rajasthan, India. 

Volume 07, Issue 03, Pg. 67-99, 2014.

Abstract: Asian, African and Latin American civilizations are among the most ancient ones in the human history; inhabitated by thousands of different traditional communities; there is an abundance of traditional knowledge that has been practiced by traditional communities over a considerable period of time and is still constantly evolving. Huge commercial potentiality of traditional knowledge has been evaluated only in recent decades. In recent years, issues related to the importance of traditional knowledge, its role in the economy of the country, its misappropriation by commercial activities and the need of its protection from the misappropriation has been the subject to debate and discussion in international fora. From traditional communities’ point of view, traditional knowledge is often not a commercial commodity; instead it is related with their customs, culture, heritage and the way of their daily living. It is important from the sustainable development point of view of the respective country as well, as it can potentially improve the daily problems of food, cloths, medicines, safe drinking water and employment. This is true not only for traditional communities, but also for each and every backward and compromised people in the country or in the region; thus improving the overall growth of the society. That is the reason traditional knowledge needs proper protection in national, regional and international arena. India, Brazil, South Africa, Andean countries, African countries and other developing and least developed countries are concerned about the protection of their traditional knowledge from misappropriation. In the international arena, WIPO (Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore i.e. IGC to be specific) is working since long time to provide a comprehensive guideline for the system of protection of traditional knowledge. The methodology of research adopted for this article is the doctrinal method, and following documents are used for the purpose of research: A) Primary documents – different country’s statutory regimes and international conventions (such as CBD), protocol (such as Swakopmund Protocol of ARIPO) and drafts of WIPO IGC model sui generis legislation (specifically the Draft prepared in 16th and 24th session of IGC). This article will discuss the unique nature of traditional knowledge according to its holistic characteristics, will detail the cases of its misappropriation, and will evaluate the available national protection and the gaps therein. This article will also estimate the international attempt to provide the proper guideline for streamlining the protection of traditional knowledge. The issue of inclusion of disclosure of origin in patent application, formulation of sui generis system with introduction of access and benefit sharing regime and WIPO-IGC initiative in preparation of international guideline for traditional knowledge protection will be discussed in depth in this article. This article at the same time will try to get the proper remedy for protection of traditional knowledge in national, regional, inert-regional and international level, so that the effectivity of traditional knowledge can be used for sustainable development of the communities and for the society at large, so that mankind will go towards a better tomorrow using the full potential of the traditional knowledge. This article will also concentrate on creating awareness in every sector of the society, especially among all the stakeholders related with traditional knowledge so that the traditional communities will be empowered to stop the misappropriation of their traditional knowledge and can actively participate in effective use of traditional knowledge, and technology transfer related to it, by taking an essential part in access and benefit sharing mechanism.    

Keywords: Bonn guidelines; Disclosure of Origin; Intellectual property rights; Traditional knowledge protection; WIPO IGC.

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Novelty IPR Segregation As Means Of Sustainable Development
Anurag Singh Sindhal
University Institute of Legal Studies, Panjab University, Chandigarh (U.T.), India.

Volume 07, Issue 03, Pg. 94-99, 2014.

Abstract: Since the creation of earth, the mankind has come a long way. Riding the wave of various inventions and innovations, we have crafted a world full of pleasure and luxuries. Something new is being invented in every nook and corner of the world every day.

In order to protect the interest of such inventors and interests of humanity at large, human race has formulated various laws and organizations for protection/enforcement of these laws. These laws protects the monetary interests of the creator and compensates the time and money cost incurred in the research and development. The world on the other hand, gets to use the latest technology but of course after paying patent royalty.

Intellectual property rights ( IPR) laws have so far served as a fantastic tool to both creators and users. It has helped in generating breakthrough technology solutions available to world population. This provides solution to various problems that posed challenge to human race.

Although we are still uncertain if the Intellectual property rights( IPR) are the perfect solution to the bigger challenges that we are about to face. We are yet to evaluate whether IPRs are worth the amount of resources (time, labor & money) put in the creation process. There are also several loopholes faced at the time of expiry of IPR e.g. the creator can make minor modifications in the existing process and may file it as a new patent ( cancer drug issue by international Drug Major Glaxo-smith-kline) thus using laws for personal benefits by exploiting the current system. Such instances not only defeat the core purpose of these laws and spirit of their constitution but also create threat to the vast natural resources at disposal. One wrong patent or usage of obsolete process could lead to huge wastage of resources. Plastic/polythene patents for example have lead to one of the biggest mistake of mankind. Though it has provided many benefits but the hazard it has brought are not ignorable.

The time has come that the law makers become more responsible in their approach. Both pros and cons of a patent should be evaluated at the time of providing sanctions. The IPR should be evaluated not only on “short term solution centric” point of view but from “futuristic sustainable development” perspective as well.

This research paper discusses the feasibility of penalizing old/obsolete processes and using the same exchequer for subsidizing the new product/process inventions. Moreover, it also emphasizes on sustainable development over short term solutions and the role that IPR laws can play in bringing such a change.

Keywords: Feasibility; IPRs; obsolete; sustainable; solution.

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Social Adjustment Profile Of Adolescents Of Ludhiana City
 Laitonjam Valentina a, Jatinder K. Gulati b 
a,b Department of Human Development, Punjab Agricultural University, Ludhiana , India

Volume 07, Issue 03, Pg. 98-104, 2014.

Abstract: This paper is an endeavor to study the social adjustment profile of adolescents of Ludhiana city. The sample consisted of 100 boys and 100 girls from 4 Government schools comprising a total of 200 adolescents of the age group 16 to 18 years from intact two parent families. Deva’s Social Adjustment Inventory was used to assess social adjustment of adolescents. Statistical analysis using mean, standard deviation and chi square reveals that there is no significant gender difference in social adjustment among adolescents. Social adjustment of adolescents was also found to be independent of gender, birth order and type of family.

Keywords: adjustment; adolescent; gender; social.

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