Dr. Bhavesh Bharad | Gujarat University (original) (raw)
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Papers by Dr. Bhavesh Bharad
Towards excellence, Mar 30, 2018
rights treaty in history. It encompasses civil rights and freedoms, family environment, basic hea... more rights treaty in history. It encompasses civil rights and freedoms, family environment, basic health and welfare, education, leisure and cultural activities and special protection measures for children. The United Nations' 1989 Convention on the Rights of the Child, or CRC, is the first legally binding international instrument to incorporate the full range of human rights-civil, cultural, economic, political and social rights. Its implementation is monitored by the Committee on the Rights of the Child. National governments that ratify it commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community. 2 CONVENTION OF THE RIGHTS OF THE CHILD, 1989 The Convention on the rights of the Child, drafted by the U.N. Commission on Human Rights, was adopted by the General Assembly of the United Nations on 20 th November, 1989. The Convention is a set of international standards and measures intended to protect and promote the well being of children in society. The Convention draws attention to four sets of civil, political, social, economic and cultural rights of every child. These rights are:
Towards excellence, Mar 30, 2018
India, country which has unproportionate distribution of clean water, land and population, is fac... more India, country which has unproportionate distribution of clean water, land and population, is facing growing scarcity of water. No rain for about 200 days at a stretch in city like Chennai is recent example of worst water crisis in 30 years. Many cities particularly those using single source of water that are climate dependent, are looking for alternative sources of water supply. Patent on water technology are on rise. Intellectual Property guarantee monopoly rights to the owner for limited period of time. Human Right to access to Clean Water at affordable rates is a Basic Fundamental Right for all human beings. Intellectual Property Rights are also recognised one of the Human Rights by various international and national instruments. Intellectual Property Rights in recent years have become increasingly relevant in current times. The paper tries to interconnect the Human Right to Clean Water and Intellectual Property Rights law. The paper includes constitutional and judicial perspective on clean water as human right and patent on water technology as one of the important intellectual property which can play a major role in solving the global problem of access to clean water. Lastly, the paper gives suggestions and recommendations to strike a balance between the rights of intellectual property owners and human rights of clean water.
Towards excellence, Dec 30, 2018
The conflict between economic growth and environment is sharper today than ever before, particula... more The conflict between economic growth and environment is sharper today than ever before, particularly in developing countries like India. India, just like other developing countries, has adopted development strategy based primarily on large-scale industrialization, energy-intensive technologies and biochemical-based agricultural technology which has led to environmental degradation. The legislative and executive efforts have been notable towards Environmental Protection laws and principles in the legal jurisprudence of India, most notably the 46 th Amendment to the Constitution of India in 1976 which explicitly laid down Environmental Protection as part of the Constitution and enactment of the Environment Protection Act 1986. Though initiatives have been taken by the Legislature and the Executive, the Judiciary has taken a lead in this race through careful judicial thinking of the Courts which has been very helpful in controlling environmental pollution. Due to non-compliance of its own laws by the State machinery, the Judiciary invented a new method of Judiciary-driven implementation of the regulations in India. Recently judicial activism has provided impetus to campaign against various environmental pollution issues arising in the country. The Indian Judiciary has interpreted Art.21 to give it an expanded meaning to bring within its ambit the right of every citizen to a clean, safe and healthy environment.
Towards excellence, Dec 30, 2017
Sustainable development as defined by the Brundtland Commission 30 years ago is "development whic... more Sustainable development as defined by the Brundtland Commission 30 years ago is "development which meets the needs of current generations without compromising the ability of future generations to meet their own needs". 1 Human rights are those basic rights and freedoms to which all humans are born with. When the basic needs and fundamental rights of individuals are not met, the ability to participate in social, economic, and environmental systems that promote sustainability is compromised. The Sustainable Development Goals (SDGs) was adopted at United Nations General Assembly through: "Transforming our World: the 2030 Agenda for Sustainable Development." 2 The Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all. They address the global challenges faced like, those related to poverty, hunger, inequality, discrimination, climate action, quality education, health, clean water and sanitation, peace and justice etc. All these challenges are containing the human rights. The doctrine of these human rights without implementation of 17 Goals and 169 targets of the SDGs will not achieve their goal to 'leave no one behind'. These means the SDGs require all goals to be reached, for everyoneespecially those who are far away from this. Although, that the term human right is not mentioned anywhere in all the 17 SDGs. So, my present paper focuses on a study how the contributions of sustainable development are integrated to human rights. Societal factors which influence human rights. Societal factors which influence human rights and global sustainability are often found deeply rooted and when these services not provided, it may pose a risk to citizens and their human rights, creating a conflict and instability, preventing them from participating fully in society, feeding an unjust cycle. Further paper also highlights how on other side people with full access to natural
Towards Excellence
Climate change is a change in the global or regional climate patterns, in particular a change app... more Climate change is a change in the global or regional climate patterns, in particular a change apparent from the mid to late 20th century onwards and attributed largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels. Climate change is having a significant impact on businesses, society, and individuals. It is increasingly understood that a shift towards a low-carbon economy is needed. Climate change poses both direct and indirect threats to human rights: the right to food, the right to water and sanitation, access to affordable commercial energy, as well as the consequent larger right to development. Issues such as forced mass migration, threat of climate-linked conflict situations, direct and indirect threats to health and healthcare systems, and the impacts on land and livelihoods all demonstrate that climate change and human rights concerns are closely interwoven. The right to a life of dignity and the right to life itself are at stake. Th...
Towards Excellence, 2018
India, country which has unproportionate distribution of clean water, land and population, is fac... more India, country which has unproportionate distribution of clean water, land and population, is facing growing scarcity of water. No rain for about 200 days at a stretch in city like Chennai is recent example of worst water crisis in 30 years. Many cities particularly those using single source of water that are climate dependent, are looking for alternative sources of water supply. Patent on water technology are on rise. Intellectual Property guarantee monopoly rights to the owner for limited period of time. Human Right to access to Clean Water at affordable rates is a Basic Fundamental Right for all human beings. Intellectual Property Rights are also recognised one of the Human Rights by various international and national instruments. Intellectual Property Rights in recent years have become increasingly relevant in current times. The paper tries to interconnect the Human Right to Clean Water and Intellectual Property Rights law. The paper includes constitutional and judicial perspect...
Towards Excellence, 2018
India is agriculture country. Big data has found its way to the agriculture industry. The problem... more India is agriculture country. Big data has found its way to the agriculture industry. The problem of inflation, wastage, low productivity, soil fertility, productivity, financing to farmers and the lack of institutional farmers can be addressed through the data. However, while it can be helpful with full of opportunities on one level it comes with handful of challenges. The study focuses on challenges such as the use of collected data by farmers and companies, who collect and store data on everything from fertilizers, rate to yield to soil conditions. The study focuses on issues such as data security, data privacy and data analyzing. The paper also highlights challenges faced in agriculture data revolution, such as the approach of companies to sell the data to others or make a new product based on sensitive information.
Towards Excellence, 2018
It was not until the late nineteenth century that a nascent children‘s rights protection movement... more It was not until the late nineteenth century that a nascent children‘s rights protection movement countered the widely held view that children were mainly quasi property and economic assets. In the United States, the progressive movement challenged courts reluctance to interfere in family matters, promoted broad child welfare reforms and was successful in having laws passed to regulate child labor and provide for compulsory education. It also raised awareness of children‘s issues and established a juvenile court system. Another push for children‘s rights occurred in the 1960s and 1970s, when children were viewed by some advocates as victims of discrimination or as an oppressed group. In the international context, ―the growth of children‘s rights in international and transnational law has been identified as a striking change in the post-war legal landscape. 1 Children are a ―supremely important nation and international asset of the future well-being of the world depends on how the ch...
Towards excellence, Mar 30, 2018
rights treaty in history. It encompasses civil rights and freedoms, family environment, basic hea... more rights treaty in history. It encompasses civil rights and freedoms, family environment, basic health and welfare, education, leisure and cultural activities and special protection measures for children. The United Nations' 1989 Convention on the Rights of the Child, or CRC, is the first legally binding international instrument to incorporate the full range of human rights-civil, cultural, economic, political and social rights. Its implementation is monitored by the Committee on the Rights of the Child. National governments that ratify it commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community. 2 CONVENTION OF THE RIGHTS OF THE CHILD, 1989 The Convention on the rights of the Child, drafted by the U.N. Commission on Human Rights, was adopted by the General Assembly of the United Nations on 20 th November, 1989. The Convention is a set of international standards and measures intended to protect and promote the well being of children in society. The Convention draws attention to four sets of civil, political, social, economic and cultural rights of every child. These rights are:
Towards excellence, Mar 30, 2018
India, country which has unproportionate distribution of clean water, land and population, is fac... more India, country which has unproportionate distribution of clean water, land and population, is facing growing scarcity of water. No rain for about 200 days at a stretch in city like Chennai is recent example of worst water crisis in 30 years. Many cities particularly those using single source of water that are climate dependent, are looking for alternative sources of water supply. Patent on water technology are on rise. Intellectual Property guarantee monopoly rights to the owner for limited period of time. Human Right to access to Clean Water at affordable rates is a Basic Fundamental Right for all human beings. Intellectual Property Rights are also recognised one of the Human Rights by various international and national instruments. Intellectual Property Rights in recent years have become increasingly relevant in current times. The paper tries to interconnect the Human Right to Clean Water and Intellectual Property Rights law. The paper includes constitutional and judicial perspective on clean water as human right and patent on water technology as one of the important intellectual property which can play a major role in solving the global problem of access to clean water. Lastly, the paper gives suggestions and recommendations to strike a balance between the rights of intellectual property owners and human rights of clean water.
Towards excellence, Dec 30, 2018
The conflict between economic growth and environment is sharper today than ever before, particula... more The conflict between economic growth and environment is sharper today than ever before, particularly in developing countries like India. India, just like other developing countries, has adopted development strategy based primarily on large-scale industrialization, energy-intensive technologies and biochemical-based agricultural technology which has led to environmental degradation. The legislative and executive efforts have been notable towards Environmental Protection laws and principles in the legal jurisprudence of India, most notably the 46 th Amendment to the Constitution of India in 1976 which explicitly laid down Environmental Protection as part of the Constitution and enactment of the Environment Protection Act 1986. Though initiatives have been taken by the Legislature and the Executive, the Judiciary has taken a lead in this race through careful judicial thinking of the Courts which has been very helpful in controlling environmental pollution. Due to non-compliance of its own laws by the State machinery, the Judiciary invented a new method of Judiciary-driven implementation of the regulations in India. Recently judicial activism has provided impetus to campaign against various environmental pollution issues arising in the country. The Indian Judiciary has interpreted Art.21 to give it an expanded meaning to bring within its ambit the right of every citizen to a clean, safe and healthy environment.
Towards excellence, Dec 30, 2017
Sustainable development as defined by the Brundtland Commission 30 years ago is "development whic... more Sustainable development as defined by the Brundtland Commission 30 years ago is "development which meets the needs of current generations without compromising the ability of future generations to meet their own needs". 1 Human rights are those basic rights and freedoms to which all humans are born with. When the basic needs and fundamental rights of individuals are not met, the ability to participate in social, economic, and environmental systems that promote sustainability is compromised. The Sustainable Development Goals (SDGs) was adopted at United Nations General Assembly through: "Transforming our World: the 2030 Agenda for Sustainable Development." 2 The Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all. They address the global challenges faced like, those related to poverty, hunger, inequality, discrimination, climate action, quality education, health, clean water and sanitation, peace and justice etc. All these challenges are containing the human rights. The doctrine of these human rights without implementation of 17 Goals and 169 targets of the SDGs will not achieve their goal to 'leave no one behind'. These means the SDGs require all goals to be reached, for everyoneespecially those who are far away from this. Although, that the term human right is not mentioned anywhere in all the 17 SDGs. So, my present paper focuses on a study how the contributions of sustainable development are integrated to human rights. Societal factors which influence human rights. Societal factors which influence human rights and global sustainability are often found deeply rooted and when these services not provided, it may pose a risk to citizens and their human rights, creating a conflict and instability, preventing them from participating fully in society, feeding an unjust cycle. Further paper also highlights how on other side people with full access to natural
Towards Excellence
Climate change is a change in the global or regional climate patterns, in particular a change app... more Climate change is a change in the global or regional climate patterns, in particular a change apparent from the mid to late 20th century onwards and attributed largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels. Climate change is having a significant impact on businesses, society, and individuals. It is increasingly understood that a shift towards a low-carbon economy is needed. Climate change poses both direct and indirect threats to human rights: the right to food, the right to water and sanitation, access to affordable commercial energy, as well as the consequent larger right to development. Issues such as forced mass migration, threat of climate-linked conflict situations, direct and indirect threats to health and healthcare systems, and the impacts on land and livelihoods all demonstrate that climate change and human rights concerns are closely interwoven. The right to a life of dignity and the right to life itself are at stake. Th...
Towards Excellence, 2018
India, country which has unproportionate distribution of clean water, land and population, is fac... more India, country which has unproportionate distribution of clean water, land and population, is facing growing scarcity of water. No rain for about 200 days at a stretch in city like Chennai is recent example of worst water crisis in 30 years. Many cities particularly those using single source of water that are climate dependent, are looking for alternative sources of water supply. Patent on water technology are on rise. Intellectual Property guarantee monopoly rights to the owner for limited period of time. Human Right to access to Clean Water at affordable rates is a Basic Fundamental Right for all human beings. Intellectual Property Rights are also recognised one of the Human Rights by various international and national instruments. Intellectual Property Rights in recent years have become increasingly relevant in current times. The paper tries to interconnect the Human Right to Clean Water and Intellectual Property Rights law. The paper includes constitutional and judicial perspect...
Towards Excellence, 2018
India is agriculture country. Big data has found its way to the agriculture industry. The problem... more India is agriculture country. Big data has found its way to the agriculture industry. The problem of inflation, wastage, low productivity, soil fertility, productivity, financing to farmers and the lack of institutional farmers can be addressed through the data. However, while it can be helpful with full of opportunities on one level it comes with handful of challenges. The study focuses on challenges such as the use of collected data by farmers and companies, who collect and store data on everything from fertilizers, rate to yield to soil conditions. The study focuses on issues such as data security, data privacy and data analyzing. The paper also highlights challenges faced in agriculture data revolution, such as the approach of companies to sell the data to others or make a new product based on sensitive information.
Towards Excellence, 2018
It was not until the late nineteenth century that a nascent children‘s rights protection movement... more It was not until the late nineteenth century that a nascent children‘s rights protection movement countered the widely held view that children were mainly quasi property and economic assets. In the United States, the progressive movement challenged courts reluctance to interfere in family matters, promoted broad child welfare reforms and was successful in having laws passed to regulate child labor and provide for compulsory education. It also raised awareness of children‘s issues and established a juvenile court system. Another push for children‘s rights occurred in the 1960s and 1970s, when children were viewed by some advocates as victims of discrimination or as an oppressed group. In the international context, ―the growth of children‘s rights in international and transnational law has been identified as a striking change in the post-war legal landscape. 1 Children are a ―supremely important nation and international asset of the future well-being of the world depends on how the ch...