An Overview of Construction Law in India: With Special Reference to Justice and Sustainable Development Goals
Description
Construction industry is a constantly growing industry in India. One of the peculiarities of the industry is the large number of persons associated with the industry directly and indirectly. As such,it is the duty of government to protect the rights of such persons through enactment of legislations covering the activities of the industry. Such laws are necessary to guarantee justice to the persons involved in the activity. This paper seeks to identify the framework of construction law in India and to analyse the laws in the light of concept of justice and Sustainable Development Goals. The paper analyses the existing legislations in India to identify the delivery of justice and its alignment with Sustainable Development Goals. Though the presence of a unified and specific framework of law relating to construction is lacking in India which has its repercussions on its stakeholders, the framework for labour and environmental justice has been established through various labour and environmental legislations.
Files
12. Maria 165-173.pdf
Files
(465.0 kB)
| Name | Size | Download all |
|---|---|---|
|
md5:f3785ab9abc151f5adaf0a176b90d0de
|
465.0 kB | Preview Download |
Additional details
Software
- Development Status
- Active
References
- *LLM Student (Construction Law and Arbitration),Manipal Law School, Bengaluru. [1]Julian Bailey,Construction Law (2nd edn, Routledge 2016)4 [2]Id.at 2 [3] Indian Contract Act 1872 [4]Lafarge Redland Aggregates Ltd v Shephard Hill Civil Engineering Ltd [2000] 1 WLR 1621 1623 [5] Industrial Disputes Act1947 [6]Contract Labour (Regulation and Abolition) Act 1970,s 1(4)(a) [7]Id.s 16. [8]Id.s 17. [9]Id.s 18. [10]Id.s 19. [11]Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, s 1(4)(a) [12]Id.s 13. [13] Id.s 14. [14]Id.s 15. [15]Building and Other Construction Workers (Regulation of Employment and Condition of Services) Act1996, s 1(4) [16]Water (Prevention and Control of Pollution) Act 1974;Air (Prevention and Control of Pollution) Act 1981 [17] Forest (Conservation) Act1980 [18] Environment (Protection) Act1986 [19] Coastal Regulation Zone Notification 2011, s3(ii) [20]Construction & Demolition Waste Management Rules 2016, s3(ii) [21] Real Estate (Regulation and Development) Act2016 [22] Income Tax Act 1961, s 194C [23]Laware Associates, 'Construction Comparative Guide', (Mondaq,16 March 2023) <https://www.mondaq.com/india/real-estate-and-construction/1154898/construction-comparative-guide#:~:text=Construction%20contracts%20in%20India%20are,an%20unlawful%20purpose%20is%20invalid> [24]Building and Other Construction Workers Welfare Cess Act 1996 [25] The Commercial Courts Act2016, s2(1)(c)(vi) [26]'World Justice Project Rule of Law Index 2023'(The World Justice Project) <https://worldjusticeproject.org/rule-of-law-index/country/2023/India/Civil%20Justice/> [27]Julian Bailey, Construction Law (2nd edn, Routledge 2016) 27 [28] Benson T. H. Lim, Martin Loosemore, 'The effect of inter-organizational justice perceptions on organizational citizenship behaviors in construction projects' (2024)35 IJPM 95 [29]J.A. Colquitt, 'On the dimensionality of organizational justice: a construct validation of a measure' (2001)J. Appl. Psychol. [30] Ananya Seth, 'Labour Legislations and the Indian, Construction Sector – An Overview' (2022) IJPIEL <https://ijpiel.com/index.php/2022/05/18/labour-legislations-and-the-indian-construction-sector-an-overview/> [31] Halina Ward, 'Legal Issues in Corporate Citizenship' (2003)Int'l Inst. for Env't & Dev. <http://www.iied.org/pubs/pdf/fullU 16000IIED.pdf> [32] Stathis Banakas, 'A Global Concept of Justice - Dream or Nightmare? Looking at Different Concepts of Justice or Righteousness Competing in Today's World' (2007)67 Louisiana Law Review 1021, 1037 [33]United, Nations,The UN Sustainable Development Goals(United Nations, New York, 2015) [34]International Energy Agency (2023), World Energy Outlook 2023(IEA,Licence: Creative Commons Attribution CC BY-NC-SA 4.0) [35]Energy Conservation Building Code, 2017 [36] Energy Conservation (Amendment) Act 2022