Relevant Legal Provisions Research Articles

Gender and Awareness of Laws on Intimate Partner Violence: A Study Among Bengali, Garo, and Santal Ethnic Communities in Rural Bangladesh.

Previous studies on intimate partner violence (IPV) against women in Bangladesh rarely focused on the effectiveness of primary prevention strategies like legal remedies. There is also a lack of studies on the issues among the ethnic minority communities in the country. This study examines the awareness of laws on IPV (such as recognizing the abusive acts and knowing the sanctions) among the ethnic Garo and Santal and mainstream Bengali communities in rural Bangladesh. The study randomly included 1929 married women and men from 24 villages. It appeared that the respondents were not adequately aware of the relevant legal provisions. There were also gender and ethnic differences in the issues. On average, the respondents maintained a low score on recognizing abusive acts. The awareness was further lower among the women compared to the men. In addition, multivariate analysis indicated that the Bengali women had relatively a better understanding of the issues than the Garo and Santal women. However, the Garo men showed poorer awareness of recognizing the abusive acts than the Bengali and Santal men. On the other hand, the respondents also maintained a very insufficient knowledge of the sanctions against such abusive acts, whereas women also showed a lower awareness compared to their male counterparts. Data further revealed that the Santal women had a more inadequate understanding of the issues than the Bengali and Garo women. However, the Garo men had more awareness of the sanctions than the Bengali and Santal men. The study reveals that people are unfamiliar with the laws governing IPV. It shows that understanding legal issues is another field of gender and ethnic inequality in the country. We suggest that there should be intervention to make aware the citizen, mainly women of all ethnicities, to ensure the efficacy of the laws.

Splitting Linguistic Consciousness of Ukrainians: Neuropsychological and Legal Aspects

The article deals with the problem of splitting linguistic consciousness of Ukrainians as a result of Russia’s destructive historical influence on their self-identity. In this regard, it offers some ways of solving this particular problem at the legislative level, as well as in the context of neuropedagogical and neuropsychological approaches. The article aims to prove that the Ukrainian language is the key factor in national self-identity, and appropriate neuropedagogical influence on linguistic personality can correct negative attitudes, stereotypes and weak self-identification. Research methods include historical and systemic analysis of relevant legal provisions; extrapolation of historical facts to the ethnopsychological and neuroscientific levels; generalization and modelling (formulating effective recommendations based on a preliminary analysis). Besides, the article discusses and characterizes the causes of differences in linguistic space, mainly in the south-eastern and western regions of Ukraine. They led to bilingualism, which is one of the factors threatening national security and territorial integrity. Furthermore, there are differences and linguistic conflicts in the current language policy in terms of relations between Ukraine and neighbouring countries. In this regard, the article attempts to outline the role of neuropedagogical tools in correcting splitting linguistic consciousness as the most destructive personal phenomenon of artificial bilingualism. Finally, the article proves that legal support can only provide a framework for solving the problem of artificial bilingualism. At the same time, the way out of destructive language policy lies in applying the latest neuropedagogical and neuropsychological methods, described in the conclusions below.

THE RIGHT OF AN ACCUSED TO DEFENCE UNDER THE CRIMINAL JUSTICE SYSTEM IN MALAYSIA

Background and Purpose: Under the criminal justice system, the burden lies on the prosecution to prove the guilt of the accused. It is worth noting that a criminal trial is not one-sided; it also allows the accused to raise his defence to prove his innocence. The research aims to analyse the right of the accused to raise a defence and when the defence should be raised in a criminal trial process in Malaysia.
 
 Methodology: This research adopts a legal research approach involving a detailed analysis of the relevant legal provisions, case law and scholarly writing related to this area.
 
 Findings: The research found that the Criminal Procedure Code (CPC) (Act 593) is silent as to when the defence should be raised. That being said, with reference to the Supreme Court’s case of Lin Lian Chen v. Public Prosecutor [1992] 1 CLJ 285 (Rep), the accused should introduce his defence at the earliest stage as possible. Failing this may give rise to the presumption that the defence raised was a mere invention. Although the principle has been regarded as a law in raising defence, there are still cases where the accused did not present the defence at an earlier stage.
 
 Contributions: This research contributes to the corpus of legal knowledge of criminal defence, particularly on raising criminal defence in a criminal trial with the aim of providing better protection for the accused in the criminal justice system.
 Keywords: Criminal justice system, criminally liable, defence, right of the accused, & criminal trial.
 
 Cite as: Mohammed Na’aim, M. S., Rajamanickam, R., & Nordin, R. (2022). The right of an accused to defence under the criminal justice system in Malaysia. Journal of Nusantara Studies, 7(1), 43-58. http://dx.doi.org/10.24200/jonus.vol7iss1pp43-58

Zaštita tajnih podataka u digitalnoj formi - bezbednosni i krivičnopravni aspekti

The protection of classified information is one of the priority tasks of the subjects of national security, because their preservation prevents the occurrence of damage to important public interests. A particular security challenge arises with the fact that numerous data are being moved to cyberspace, which, although it brings great practical advantages, gives rise to various risks to their security. The protection of classified information is the subject of a special law, which, with the accompanying bylaws, regulates it in detail. This paper is dedicated to the analysis of the actual situation in the field of protection of digital classified information in terms of the application of key legal solutions, as well as to considering the role and importance of criminal law, i.e. the quality of applicable criminal law norms. To determine the implementation problems, the authors briefly presented the normative framework and conducted an interview with an expert, seeking to shed light on the practical security aspect of the phenomenon of protection of classified information in digital form. By analyzing the provisions of the Criminal Code and the penal provisions of the Law on Data Secrecy, the authors note the systemic inconsistency of the relevant legal provisions and propose solutions de lege ferenda.

Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation

The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.

Community and environmental data-driven monitoring of waste management

ABSTRACT Environmental operators perform their activities in accordance with the relevant legal provisions; however, this does not mean that they operate at their technological optima using the operational information available. The possible negative effects (odor, noise, etc.) of a sub-optimal operation can be felt first and foremost by those living in the immediate vicinity of the given object. It would be important to make effective use of these citizens feedback (quickly to revealing the root causes) thus minimize negative environmental impact of operations. The solution proposed in this paper is a portal called EnviroMind, which allows citizens feedback to be recorded in an easy, immediate, and structured way via a form and on the other hand, it provides a real-time graphical odor transmission model output in a dashboard to operators. Using this portal as a monitoring system the magnitude of the odor effect could be reduced and a smaller area around the industrial object could be affected. In a landfill monitoring pilot project where this monitoring system was used the decrease in the number of indicated odor observations was 85% and the decrease in maximal distance from landfill to odor detection positions was 45%. It is proposed to use EnviroMind monitoring system for all industrial objects which have a significant odor effect on the environment, because by using it we can make the odor effect visible to operators in real time, thus, the reaction time for solving the problem can be minimized. Implications: monitoring is available online to the surrounding community, the affected population, so that quick responses and interventions are available; in the knowledge of the current technological activity carried out on the site its expected odor effect in the area can be determined, whether a protected area can be reached and what odor concentration is expected; in every 15 minutes model results to accurately track expected odor emission values; possibility of intervention, stopping or modification of the technology steps. Experience and main achievements of portal operation in a landfill monitoring pilot project from recent 3 years: the decreasing number of odor perceptions (the decrease in the number of indicated observations was 85%) and the cessation of odor effects in certain areas (and the decrease in maximal distance from landfill to odor detection positions was 45%).

Consumer Protection for Scarcity of Hospital Beds the Impact of Covid in the Perspective of the Law on Hospitals

Getting access to health care is every citizen’s right. Particularly, during the pandemic of covid-19, all hospitals must be prepared in providing community services, hospital beds included. The study aims to reveal legal protection and conduct an in-depth analysis on consumer rights and violations of hospital obligation–business actors for hospital beds scarcity due to Covid-19. The study employed normative-juridical methods. The researchers conducted a study to analyze both laws written in books. Based on this method, the researchers have to manage a logical assessment of relevant legal provisions, the implementation of consumer protection. Specifically, this should be based on Law No. 8 of 1999 on consumer protection juncto law No. 44 of 2009 on hospitals. As a matter of fact, the study found hospital beds scarcity due to the increased number of covid-19, makes the responsible hospitals and government seem unresponsive. Even though, the citizens’ rights as consumers are clearly stated in Law Number 8 of 1999 on Consumer Protection juncto Law no. 44 of 2009 on Hospitals. The follow-up actions of the authorized agency in overcoming the losses of community members are referred to the applicable laws and regulations.

Presentation of the General Industrial Safety Authority Tasks and Powers

Over the past decade, general and specific domestic and international legislation establishing of and related to disaster protection has been adopted. The purpose of the regulations is to ensure protection of human life and health and of the environment of facilities. In this article the general industrial safety authority as one of the pillars of the authority’s tasks is presented, as well as the relevant legal provisions with regard to the scope constraints.

Who Is a Native of Sabah? A Legal Analysis

Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems.

A Study on the Case of China’s Violation of the WTO TRIPs Agreement

Purpose - This paper analyzes cases related to intellectual property rights (IPR) in China filed with the WTO Dispute Settlement Understanding. The causes of intellectual property disputes in China were identified and the process of a resolution was examined. Through this, we intend to identify the problems of the IPR system in China and suggest a complementary direction for the system. Design/Methodology/Approach - The definition and classification of IPR and the TRIPs agreement related to IPR are reviewed through various documents, and cases related to IPR filed with the WTO are found and arranged, and among the cases of disputes related to IPR, 4 cases involving China are in-depth analyzed. Findings - China’s laws related to IPR were created to raise the level of science and technology in the early stages of reform and opening, and many parts do not fit with the current stage of development. The lawsuits in the US and Europe are demanding that China actively rectify the problems in the related system and supplement the laws and systems related to technology transfer. This had a positive effect on the improvement of China’s technology transfer system, and the content of the lawsuit itself can be evaluated as helping to promote China’s technology transfer system reform. In addition, China will have to strengthen relevant legal provisions while also modifying controversial legal provisions. At the same time, while supplementing international technology transfer laws, it is necessary to pursue the development of core science and technology by focusing on self-development. Research Implications - In recent years, China has continuously strengthened the protection of IPR, and the intellectual property protection legal system has gradually developed and achieved great results in the field of intellectual property protection. Since China acceded to the WTO in 2001, amendments and supplements to domestic intellectual property laws have been gradually internationalized, but technology transfer efforts are still necessary.

Official position of business owners regarding the behaviour of public health inspectors during performance of official control in public purpose venues

Public health inspectors are members of the health system of the community, who concentrate on prevention and prophylaxis of public health. They are government officials and as such it is not only necessary that they perform their duties conscientiously but also that they establish a socio-cultural model of behavior during the performance of official control. The aim of the study is to research attitudes of persons working in public purpose venues towards the behavior of PHIs (Public Health Inspectors) while performing official control. 125 representatives of public purpose venues participated in the survey, of whom 45,6% were business operators and 54,4% – employees, divided into three groups according to the type of controlling agency. Half of the public officials “explain the rights and obligations“, while 48,8% do that „thoroughy and in detail“. Causes of conflict on behalf of PHIs according to 24,8% of respondents are the differences in interpretation of legislation by different inspectors, which leads to different requirements for the same thing. Over 1/3 assert that during control PHIs behave in a professional and responsible manner and are knowledgeable of the relevant legal provisions. The respondents (62,4%) view the conduct of PHIs as „lawful and impartial“. Nevertheless, the participants in the survey share recommendations for improvement of the efficacy of health control: additional professional education of civil servants, polite attitude, respect and provision of more information on PHIs’s behalf during control.

The Legal Dimension of the Relation Between the Chinese Communist Party and the Private Economy. A Perspective of the Article 19 of the Company Law

Abstract Chinese economic development has been driven, among other factors, by the gradual expansion of the private economy and the establishment of Chinese-based multinational corporations recognized as “champions” of the Chinese economy. At the same time, the Chinese Communist Party strives to maintain proper coordination mechanisms over the Chinese private economy, in order to ensure the harmonization between private and public interests. Does such policy direction, pursued by the Chinese leadership, rely on legal mechanisms? Does the Chinese Communist Party have legal instruments at its disposal in order to carry out coordinative functions concerning the private economy? The issue, although acknowledged by several scholars, has been rarely the object of a comprehensive legal analysis, taking into account the interactions between the different legal formants of the Chinese system. The purpose of this paper is to sketch an outline of the main legal mechanisms empowering the Chinese Communist Party to supervise and coordinate the activity of private economic operators. Starting from the assessment of some recent developments, embodied in «Opinions on Strengthening the United Front Work in the Private Economy in the New Era» issued in September 2020, the analysis will try to identify some of the most relevant legal provisions aimed at ensuring Party supervision over the private economy, in particular Art. 19 of the Company Law. Such provisions will be analyzed not only within the context of the recent developments of Chinese economic law, but also with regard to its practical applications by courts, in order to define the scope, in concrete, of Party activities in the private economy. The information gathered and analyzed will then be taken as conceptual basis to draw some conclusions regarding the structural role of the Chinese Communist Party in the development of Chinese commercial and economic law.

The COVID-19 Pandemic: Stress Test for Intellectual Property and Pharmaceutical Laws

The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.

Taha Cabir Alwani’nin Fiqh al-Aqalliyyāt Konseptinin Kritik Analizi

The issues concerning the legality of residing in non-Muslim territories have direct and indirect ramifications for many Muslims who live in non-Muslim countries including American Muslims. The term non-Muslim country refers to places where Islam is neither the dominant religion nor the determiner of the legal system or the political power. The applicability of Islamic law in non-Muslim countries, the territoriality of Islamic law, the obligations of Muslim residents in non-Muslim societies, and the obedience to non-Muslim territories’ laws can be regarded as the dimensions related to the status of Muslim minorities. All of these are evaluated to provide detailed legal opinions and interpretations that govern the conduct of Muslim minorities. From the twentieth century onward, the incremental appearance of Muslims in the non-Muslim environments, particularly in Europe and North America, reinvigorated the discussion and evaluation of issues related to Muslim minorities. Within the North American and European contexts, many Muslim scholars have intended to provide practicable and applicable Islamic legal opinions (fatwās) to exigencies and problems that Muslim residents encounter in these continents. In this regard, the primary religious question that American and European Muslims face is conceivable whether they can live their lives pursuant to relevant Islamic legal provisions in these continents. Potential answers to this question presumably result in Muslim scholars, notably American and European ones, in germinating the concept of Islamic jurisprudence of Muslim minorities (fiqh al-aqalliyyāt). It is therefore possible to assert that the concept of fiqh al-aqalliyyāt is a response of Muslim scholars to the immigration flow of Muslims to the West. The scholars have started to pay more attention to the problems of Muslim minorities and Taha Jabir al-Alwani obtained reputation among them regarding his fiqh al-aqalliyyāt concept. Taha Alwani became well cognisant of the current divergence between the modern world and the traditional representation of Islamic law in the United States. Alwani’s fiqh al-aqalliyyāt concept can be identified as to envisage an integrative method in which scientific discoveries, technological developments, economic systems, and social transformations are addressed through adopting an originative approach towards fiqh. He calls for a collective ijtihād in formulating new Islamic legal opinions and invites experts from various fields of social, physical, medical, and technological sciences to reach his purpose. Alwani’s method, therefore, takes into consideration present challenges, exigencies, and constraints that Muslim minorities encounter. The article specifically focuses upon Alwani’s life and his concept of fiqh al-aqalliyyāt intending to provide insight into his contributions to Islamic law in the twentieth century. In the first instance, his biography is succinctly presented to demonstrate how the turning points in his life exerted influences upon his concept of fiqh al-aqalliyyāt. In the second instance, attention turns to his theory and opinions regarding the concept of fiqh al-aqalliyyāt. Some of his Islamic legal opinions that address controversial issues are engaged and analysed with the intention of evidencing how Alwani operated the concept of fiqh al-aqalliyyāt in solving problems that arise from the minority status of Muslims. His opinions related to the depiction of the Prophet’s picture on the United States Supreme Court’s wall and the prescribed punishment for apostasy provide insight into the concept of fiqh al-aqalliyyāt. By applying descriptive, analytical, and critical content analysis methods, the article sheds light on his evaluation of the sunna as a source of legislation and clarifies the place of sunna in his methodology. The article aims to examine the questionable status of sunna in Alwani’s fiqh al-aqalliyyāt concept with his own interpretations.

Reflections on actual situation of collective bargaining for the public servants and public services in Romania and in Europe. A theoretical and practical approach

Collective bargaining, as a component part of the social dialogue, which is the main way of achieving social peace, is possible both for the private system and for the public services and the budgetary system. The legal situation of employees in the private system, but also that of workers in the budget system and public services can be improved by concluding collective labor agreements. If in the private system, the negotiation agenda is very rich, in the public system, it has particularities depending on each state. In the present study, the author will analyze the legal regime of collective bargaining for the public services, including also the public servants, starting from the relevant legal provisions, both in Romania and in other European countries. The analysis will reveal aspects related to the evolution of the institution of collective bargaining and their relevance in improving the service relations of civil servants and other employees in the public services system.

The impact of legal regulations on the costs of motherhood of women in Poland: economic perspective

Motherhood, in addition to satisfaction or personal fulfillment, is also burdened with negative consequences. In the economic sphere, it entails not only expenses for children in terms of money and time, but also lost opportunities as well as the costs related to the labor market. These costs can be divided into three types: a) before entering the labor market, b) during the employment period, c) in the retirement age. The main aim of the present article is to consider the costs of motherhood for women in Poland in the economic dimension. With this in mind, the article analyses relevant legal provisions and statistical data related to the labor market, indicating that regulations concerning women may worsen their situation, increasing the amount of the losses incurred.

Human rights violations during the COVID-19 pandemic

PurposeThe purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law.Design/methodology/approachThrough doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law.FindingsIt is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law.Research limitations/implicationsThe spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19.Practical implicationsBased on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations.Social implicationsThis research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees.Originality/valueThis paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union

Exceptions and limitations are an integral part of any effective copyright systems, they play a crucial role in striking a fair balance between the interests of the creators and rightholders, on the one hand, and those of the users of the protected works, on the other. The exceptions and limitations serve to secure such fundamental values as freedom of expression and information, freedom of art, science, research and education. Since the exceptions and limitations are not fully harmonised in the European Union, the lack of legal certainty is being cured by the caselaw of the Court of Justice. The role of the Court preliminary rulings in interpreting the relevant legal provisions and providing clarifications as to their application cannot be overemphasised. Moreover, in recent cases the Court of Justice considered the exceptions and limitations to copyright in the light of the European Convention on Human Rights and the settled caselaw of the European Court of Human Rights. Therefore, it is an opportunity for us to observe the growing attention of the Court of Justice to the human rights and fundamental freedoms protected by the European Convention.

Legal Ignorance in the Netherlands

This contribution considers the role of legal ignorance in Dutch private law. After a short description of the debate on legal ignorance by Dutch scholars, the article focuses on three areas: contract law, tort law and limitation periods. With respect to contract law, this article shows that courts allow for the nullification of a contract due to mistake of law in special circumstances: when the mistaken party was a foreigner or illiterate or when the other party was an expert who gave misinformation about relevant legal provisions. In the field of tort law, the article first examines case law in which public bodies were held liable for unforeseeable case law by the highest administrative court. It is argued that these decisions should be viewed as a manifestation of the fact that court decisions on liability have retroactive effect. Second, in relation to survival of claims for non-pecuniary losses, it is submitted that the Supreme Court seems to interpret notifications by relatives of the deceased victim generously in order to protect them against their legal ignorance. The article then examines case law by the Supreme Court that holds that legal ignorance does not preclude the commencement of prescription periods. However, when wrongful (legal) advice results in a loss, the Supreme Court ruled that the prescription period governing the client’s claim does not start running immediately because he will initially rely on the correctness of the advice. Regarding expiration periods and legal ignorance, the Supreme Courts seems to make a distinction between contractual and statutory expiration periods. The article concludes by considering the prospects for legal development in this area. It is argued the question who should bear the costs of legal ignorance is a matter of risk distribution. Where the risk lies, should depend on the weighing of various factors by the courts, notably the nature of the respective parties and of the interests involved and whether or not the legally ignorant person can claim compensation from a third party such as an attorney or an insurer.

India's RCEP Dilemma with China: Beyond the Legal Texts*

The ASEAN‐inaugurated Regional Comprehensive Economic Partnership (RCEP) was eventually concluded on 15 November 2020 after 8 years of tough negotiations. India was counted as an important member of the RCEP, but it chose to back out when other members were finalizing the RCEP legal text. This article critically analyzes the relevant legal provisions leading to India's withdrawal from this significant mega trade deal, the reasons behind India's refusal of those provisions, the possibility of isolationism India might face, and geopolitical changes in Sino–India relations post stand‐off on the Galwan Valley as well as the COVID‐19 pandemic. It argues that unbalanced economic relations, India's self‐reliant ideology, as well as China's growing hegemony in the Asia‐Pacific region are among the principle factors for India to back out from the RCEP. However, the door to participate in the future remains open for India.