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Sustainable Prosperity

GENDER FLUIDITY VIS-À-VIS FUNDAMENTAL RIGHTS

GENDER FLUIDITY VIS-À-VIS FUNDAMENTAL RIGHTS Arunima Bali, Student Download Manuscript ABSTRACT Society is vulnerable to change. Any society resisting change is not amenable to development. A society comprises rational beings with a set of conscious values. Values are mind-dependent. The internalisation of values is an individualistic phenomenon. The institutionalisation of certain values is subjected to the whims of people. Institutions promote such values that they deem fit the needs and propensities of society. Whether we accept it or not sexuality of one is inextricably intertwined with the values and norms of society as a whole. None of either of the two can thrive in isolation. However, the tussle surfaces when the status quo of values and norms disdains the sexual orientation of the individuals posing a question mark on the individuality of beings itself. The article presented herein unfurls the numerous technicalities dealing with the sexuality of a person and how it is deeply integrated into the concept of self.  The recent impugned judgement—Supriya Chakraborty v Union of India—of the apex court wiggled our reasonability regarding the legitimacy of same-sex legislation. Are we evading our accountability of recognising the rights of a sphere of society relying on the premise of skewed and subjective values? Are non-conformed individuals not entitled to receive adequate and apt rights from the authorities? Is an unrecognition of rights an expected mechanism to deal with and pacify the rigidity of society? If the classification of one individual is a valid classification, then why is bestowing rights to a small section of society, not a valid concern? All these questions are answered in the presented article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 131-154. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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BALANCING SUSTAINABILITY AND PROSPERTITY: THE IMPACT OF THE PETROLEUM INDUSTRY ACT, 2021 ON NIGERIA’S HOST COMMUNITIES

BALANCING SUSTAINABILITY AND PROSPERTITY: THE IMPACT OF THE PETROLEUM INDUSTRY ACT, 2021 ON NIGERIA’S HOST COMMUNITIES Dr Macaulay J D Akpan Esq, Head, Department of Paralegal Studies/Chief Lecturer, Akwa Ibom State Polytechnic Ikot Osurua, Ikot Ekpene, Nigeria, West Africa. Radha Ranjan, Doctoral Research Scholar, Department of Law and Governance, Central University of South Bihar, India. (NAAC Accredited A++ and UGC Category 1 University). Download Manuscript ABSTRACT This paper examined the inconsistencies in the Petroleum Industry Act, 2021 and the Nigeria Upstream Petroleum Host Communities Development Regulations, 2022 aim at fostering sustainable prosperity and harmonious relationship between the settlors and the host communities in Nigeria. The work adopts doctrinal method wherein the researchers deploy primary and secondary data. In the primary data, the work used information from various statutory provisions as well as case laws. In the secondary source, the research adopts and analyses information from textbooks, journal papers and internet materials. Also, the researchers interviewed some board of trustees (BoT) members of the host communities’ development trust and the natives in the host communities with a view to elicit data on the impact of the PIA, 2021 and its regulation 2022 on the welfare and wellbeing of the host communities. The research found that the PIA 2021 chapter 3 and NUPHCDR 2022 donate powers to the Settloi and the BoT for example, to incorporate the HCDT. Again, the Act makes the Settloi’s representatives the principal signatory to the account of the HCDT. The paper recommends, among other things, that besides the novel host communities development provision, there is need to review the Act to cloth the host communities with the function to establish the trust and appoint members of the HCDT. And, the NUPRC should be made to play supervisory role over the trust, while the settlor’s power should be restricted to the payment of the prescribed actual annual operating expenditure into the trust fund. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 92-130. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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