Journal of Legal Studies & Research (JLSR) is a bi-monthly, peer-reviewed e-journal dedicated to advancing knowledge in law and allied subjects. With ISSN: 2455-2437, JLSR provides a dynamic platform for the publication of high-quality legal research on contemporary issues, without being restricted to any specific legal topic or region. The journal’s core theme is "Law and Allied Research," embracing diverse perspectives from across the globe. Open to contributions from scholars, practitioners, and researchers worldwide, JLSR encourages submissions that engage with innovative legal discourse and cross-disciplinary insights.
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RIGHT OF NOMINATION V RIGHT OF SUCCESSION: A LACUNA IN COMPANIES ACT
One of the recent lacunae in Companies Act,2013 is the issue regarding the right of legal heirs to shares as opposed to nominees. The position of the Supreme Court on this particular issue is still undecided, however there are binding judgments provided by the division bench of the Bombay High Court and a recent judgement by the National Company Law Appellate Tribunal (Hereinafter referred to as NCLAT) reiterated the same. A nominee in common parlance shall be understood to be a beneficiary who is so nominated that he receives the benefit of an asset (money) upon the death of the individual who is the owner of that asset and who, in the relevant document, has appointed the nominee. A nominee's legal status has often been agreed to be that of an 'agent' or 'trustee' and appointment is not treated as an alternative to a succession rule. The present issue arose due to two conflicting judgements of Single Judge Benches of the Bombay High Court in the decisions of Harsha Kokate v. The Saraswat Co-operative Bank Limited iand J. J. Salgaonkar v. J.J. Salgaonkarii.
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COMPARISON OF SUCCESSION UNDER HINDU AND MUSLIM LAW
Succession signifies the transfer or transference of rights from one party to another. In every legal system, provisions must be established for the distribution of property at the demise of the person who held and enjoyed it. The law of succession has become simpler and gender neutral with the advent of time. This paper does a extensive study on the concept of succession laws and all the rules and regulations to be followed while inheritance under the Muslim and Hindu law. Along with that, succession rights of females are also studied under both the law in order to understand their position in the 21st century. A comparison is done in the end to understand the differences between these laws.
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RIGHT OF DOMESTIC WOMEN LABOURS: GENDER JUSTICE PERSPECTIVE
The gender justice has a long history. It gained momentum with the establishment of the United Nations Organization in 1945. The preamble of United Nations charter declared that “…..faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights men and women and nations large and small.” The United Nations had appointed the Commission on the Status of Women in 1946. Its principal duty is to conduct meeting every year and to make recommendations and reports promoting equal rights for women and men in Political, Economic, Civil, Social, and Educational fields. The United Nations in 1972 declared that the year 1975 as “International Women’s Year” and also the beginning of the observance of the “UN decade for women”. The United Nations had adopted Convention on the Elimination of All forms Discrimination Against Women (CEDAW) in the year 1979. It is described as an international bill of rights for women. The preamble of the CEDAW has categorically prohibited the discrimination against women in all aspect of life. In the above aspect Indian constitution also has provided gender justice provisions and the Constitutional Court plays a vital role for effective implementation of gender justice. The Constitution is supreme law of the land. It has been drafted at the time of adoption of the Universal Declaration of Human Rights (UDHR) in 1948.The basic fundamental human rights set out in the UDHR are respectively reflected in part-III and part-IV of the constitution. It prohibits all form of discrimination and emphasis the gender justice in favour of women through protective discrimination. Even though such non-discriminating provisions contained in the above instruments, the Domestic Women Labours right of gender justice severely violated in various way such as no legislative mechanism to promote welfare, domestic work segmented as non-skilled and there is no employers’ contribution to ensure social security and denial of legislative protection in various laws. Therefore, this paper analyses the background and context, and role of Supreme Court for the promotion of domestic women labours right (DWL) in India generally and domestic women labours gender justice in national and international level particularly and finally conclusion suggest the various welfare promotion mechanism for ensuring their rights.
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PARADIGM SHIFT IN THE RIGHTS OF WOMEN UNDER MUSLIM PERSONAL LAW IN INDIA
Women's right under the Muslim personal law is a topic of controversy among women, the women have been fighting for their rights and gender equality within society. The Muslim personal laws are both positive and negative towards women and their rights, the security women get after they dissolve the marriage as compared to that of men could be considered as an act of protection of women under the law which is recognized under the Muslim personal laws and not in the other personal laws. As it is the protection the personal laws available are discriminating be it due to the moral or legal aspects but the women in the society are oppressed especially over the rights of inheritance, maintenance, and divorce. The research paper has dealt with the introduction and background of the Muslim personal law and has observed the changes Uniform Civil Code would have brought to the Muslim Personal laws if it is interpreted and the gradual change in the rights of the women under the laws.
THE SOCIETY FACE TO MARGINALIZING DISEASE: CASE OF OBSTETRIC FISTULA IN NGAOUNDÉRÉ CAMEROON
Investigating on Obstetric fistula in the Cameroonian society, is adopting measures oriented towards questions on development and health. A marginalizing and even traumatic disease, which is of special interest is the object of this article. Wanting to give life, the woman retires with a disease that not only decreases her physically and socially, but also and above all creates around her and in herself, a set of representations that determine her life.
NATURE OF INTERNATIONAL LAW: WHETHER INTERNATIONAL LAW IS A REAL LAW OR NOT?
One of the endless debates between the jurists of the international law is regarding the nature of international law i.e. it can be called a ‘real’ law or not? Thus, there exists a group of scholars who are of the view that international law is not a real law while another group of scholars on the other hand also argue that international law is real law. This article explores the concept of ‘law’ with its basic characteristics and then analyses the arguments on this subject by two popular schools of thoughts in international law i.e. Realism and Liberalism. Taking into consideration the reasoning of both the schools, this article then concludes with the author’s opinion that international law cannot be considered as real law as it lacks the coercive power of a domestic law.
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REGULATORY STRUCTURE, MECHANISM AND PRINCIPLES OF CORPORATE GOVERNANCE IN INDIA
In India, the question of corporate Governance has come up mainly in the wake of economic liberalization and de-regularization of industry and business. Various committees set up by the industry, reports and recommendations made by the Securities and Exchange Board of India and the Ministry of Corporate Affairs covered every subject of importance to corporate governance. In India, the development of corporate laws has been marked by interesting contrasts. In terms of corporate laws and financial system, India emerged far better endowed than most other colonies. The years since liberalization, have witnessed wide-ranging changes in both laws and regulations driving corporate governance as well as general consciousness about it. It is evident from the various legal and regulatory frameworks and Committees set up for the corporate functioning. Such laws, regulatory framework and recommendations of the committees are as follows:
HOW COPIED IS ORIGINAL? COPYRIGHT: THEN AND NOW
This article is divided into two parts. In the first part which I call ‘Copyright Then’, I will discuss some landmark cases of Copyright Infringement decided in the United Kingdom on the basis of the Doctrine of Sweat of the Brow. I will draw a trail from the non-application of this doctrine in the University of London Press Case to the literal application in Walter v. Lane and the eventual selective application in Ladbroke v. William Hill case. In the second part which I call ‘Copyright Now’, I will show that in spite of the monumental metamorphoses in the method of disseminating information, not much has changed in the way we choose to give credit to the producers of such content. I will do this by discussing the recent turn down of the European Union Copyright Directives that aimed to update laws against infringement for this digitizing age by connecting it with case law from the jurisdictions of New Delhi to United States to show an emerging recurrent approach of turndown of the directives between ‘Copyright then and Copyright Now.’ “People do it at work, in community groups, and at home. Whether it is a Sunday school presentation or higher-ed curriculum, a slide show for your uncle’s birthday or for the board meeting, an adorable exchange between two cousins at the reunion, documentation of a rough moment in the town council meeting, a fashion assembly on the DIY designer site Polyvore, a blog post, or a teaser for an important report on YouTube”- people are constantly copy pasting without giving the author of the original content any credit. This is where each one of us interacts with the law on Copyright- sometimes as the thief and at others, as the owner. This makes it significant for us to study the crusade we find ourselves struggling against every now and then.
IMPACT OF TRADE EMBARGO AND TRADE SANCTIONS ON IN-TERNATIONAL RELATIONS, INTERNATIONAL ECONOMY, TRADE AND BUSINESS LAWS
According to Wasserman and Haltman, “International trade consists of transaction be-tween residents of different countries”. According to Anatol Marad, “International trade is a trade between nations”. According to Eugeworth, “International trade means trade between nations”. Exchange of goods, capital and services across the boundaries of the state is called foreign trade or international trade .International trade has been around since centuries and is progressing at a rise of economic, social and political importance with Industrialization, advanced transportation, globalization, multinational corporations, outsourcing and technology advancement. Every Nations need goods and services to satisfy the day to day purposes and as no country has unlimited resources and cannot produce all goods and services here’s when international trade comes into play. Usually no nation is self-sufficient and produces all kinds of goods and services. The state has to buy resources from other countries which cannot be produced or are less than the quantity demanded. Similarly, the state sells good and resources which are in surplus quantities to other countries. International trade is the most significant determinants of economic rise of any state world-wide. The trade consist of inward flow of resources in need (import) and outward flow of re-sources in surplus (export), which results into outflow and inflow of foreign currency .It is also called EXIM Trade. Several Acts have been placed for providing, regulating and creating necessary environment for its rise. International trade of India is governed by the Foreign Trade (Development & Regulation) Act, 1992 and the rules and orders issued there under Payments for import and export transactions are governed by Foreign Exchange Management Act, 1999. Customs Act, 1962 which governs the physical movement of goods and services by various transportation methods.
THE LEGAL EFFECT OF RESERVATION TO HUMAN RIGHTS TREATIES: LACUNAE LEFT OUT BY THE VCLT RESERVATION REGIME AND THE SUPPLEMENTATION OF ILC GUIDE TO PRACTICE ON RESERVATION
The Guide to Practice on Reservations to Treaties (ILC Guide) is the work of the International Law Commission (ILC) on reservation. In doing so, ILC attempted to put forward the Guide to be a supplementation to the lacunae left out by the VCLT reservation regime and to answer a number of arguments made by human rights bodies, courts and academics regarding the compatibility of reservation related to the special characteristics of human rights treaties. This essay comprises five parts. In addressing the issues with the reservation to human rights treaties, and the work of the ILC and its Special Rapporteur Professor Pellet, the first part will provide a background to the topic. The second part will focus on the arguments raised in the debate of the characteristics of human rights treaties, the permissibility of reservation and the relationship with the reservation regime under the 1969 Vienna Convention on the Law of Treaties (VCLT). The third part will provide specific examples and contemporary discussions on reservation allowed under the human rights treaties by way of approaches taken by the human rights bodies. It also will focus on the issue of the consequences of impermissible reservations. The fourth part will concern the ILC guidelines and reflect on their contribution to the development of international treaty law on human rights treaties. The fifth part will be the conclusion.
AN ANALYSIS OF CARRIAGE BY AIR ACT, 1972
The Carriage by Air Act was enacted by the Parliament on December 19, 1972 and came into force on March 23, 1973. The Act essentially aims to implement the Warsaw Convention for the Unification of certain Rules about International Carriage by Air that was signed on October 12, 1929. The application of the Convention extends to any or all carriage like carriage of passengers, baggage or cargos performed for remuneration. The Act conjointly complies with the amendments created to the Warsaw Convention through the Protocol of amendments of the Warsaw Convention, 1959 managing the liability of the Air Carrier to passengers and merchandise terminated at Hague within the year 1955. The Act extends to the complete Indian Territory as well as the State of Jammu and geographical area. There is an international legal regime governing the liability of air carriers for injury or death of passengers, for destruction or loss of or damage to baggage and cargo, and losses caused by delay in international carriage of passengers, baggage and cargo. This regime is set out in a number of international instruments. However, India had so far ratified only two instruments, namely the Warsaw Convention 1929, and the Warsaw Convention as amended by The Hague Protocol 1955 and the same had been given effect to by the Carriage by Air Act 1972.
The paper would aim at constituting the concept of Santhara dwindled with the ideologies of Jainism and explain the real meaning and technicalities associated with the ancient practice of Santhara. The paper would aim at highlighting the importance of Santhara in Jainism and would also discuss so as to what are the peculiar characters and conditions required for any person to practice Santhara. The researcher would make an attempt to dismantle the similarity drawn between suicide and Santhara and would differentiate between the two on the very fundamental questions and principles. Also, the paper would bring into its ambit the constitutional validity of Santhara and try proving it as an essential part of the religion of Jainism.
INDIA DEMANDS STATUTORY PROTECTION FOR LIVE – IN RELATIONSHIPS
The worldwide concept of the family includes a husband, a wife and their children. The law will protect that family if it is built on any kind of legal foundation, known as a marital contract. At the same time, other concepts of family should also be recognised. One among the so-called new forms of the family is a live-in relationship. It is a union between a man and a woman when persons live together on a permanent basis without having a registered legal marriage. Thus, this concept raises a question: for qualifying a legally protected marital status, whether an expressed marital contract is necessary or an implied contract based on the intention of parties itself constitute a marital relationship. Even though the live-in relationship is unacceptable to traditional Indian society, some people opt this relationship due to several reasons and some people mistakenly hang on to this relationship. It is not fair to exclude such families from the preview of legal rights. However, now there is an urgent necessity to enact a new legislation that deals with the rights of the live-in relationship partners and creates their obligations with duties thereby confining the realm of such relationship along with some major amendment on existing law. Though it is challenging many existing societal setup, the law so enacted should keep in mind the basic structure of traditional law that persists in the Indian society. Thus, this paper deals about the necessity of protecting the live-in relationships in the nature of marriage.
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Corruption is the misuse of entrusted power (by heritage, education, marriage, election, appointment or whatever else) for private gain. Corruption is a result of the diseases named greediness. It’s a termites that is destroying the pillars of our established and potential society. Its main source is we ourselves and our polluted soul. According to Dr. Petrus van Duyne “Corruption is an improbity or decay in the decision-making process in which a decision-maker consents to deviate or demands deviation from the criterion which should rule his or her decision-making, in exchange for a reward or for the promise or expectation of a reward, while these motives influencing his or her decision-making cannot be part of the justification of the decision.” Because of this evil many important facts related our independence, about Subhas Chandra Bose ‘s death is still not in public. Corruption is spread everywhere from government to long queue of Durga Puja. If one has power or money he can make his work done at an easy by spending the minimum time and energy.
AN INSIGHT INTO THE CONSTITUTIONAL VALIDITY OF THE SECTION-124A
We have inherited many laws from the colonial regime and as it is said every coin has two side. When see the flip side or the problematic side of inheritance of this law than there are many laws which need the constitutional scrutiny and one such law is the Section 124A1 of Indian Penal Code that is SEDITION. As stated in KENNY- the Law of Sedition relates to the uttering of the seditious words, the publication of seditious libels, and conspiracies to do an act for the furtherance of a seditious intention. Sedition, whether by words spoken or written, or by conduct, is a misdemeanour at common law punishable by fine and imprisonment. It in itself is a comprehensive term, and it embraces all those practices, whether by word, deed, or writing, which are calculated to disturb the tranquillity of the state2. The offence is closely allied to treason - an offence against the state. HALSBURY lays down that the essence of the offence of treason lies in the violation of the allegiance owed to the sovereign. This law was first introduced in the colonial period to curb down the rising voice of people against the government. Earlier this law was not a part of IPC which was drafted by Thomas Babington Macaulay3 in 1837. Sedition was originally enumerated under Section 113 of Macaulay’s Draft Penal Code of 1837-39, but it was only in 1870 that the provision for sedition was inserted by the IPC (Amendment) Act. After the enactment of IPC in 1860, it was then a decade later
EXAMINING THE LEGAL PROVISIONS ON COMPARATIVE ADVERTISING IN INDIA
Comparative advertising provides consumers with information and can enhance decision making. It can also lead to confusion and misinformed decisions. In addition, it is also an effective promotional tool for the advertiser1. Essentially, it can allow for a trader to receive a free ride on the reputation of another trader and in some cases may even allow for poaching of that reputation. Comparative advertising will continue to be a valuable and effective form of advertising. ‘Comparative advertising’ is the term used to describe advertisements where the goods or services of one trader are compared with the goods and services of another trader.2 Article 2(c) of the Directive 2006/114/EC of the European Parliament and of the Council Concerning Misleading and Comparative Advertising defines ‘comparative advertising’ as ‘any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor.’ The ideal legal framework for comparative advertising puts consumers in the position to be the judges of the comparison, with the comparison providing truthful facts about the competing products or services; such an approach will counteract the assumptions that the advertiser takes the role of judge in the same activity in which he is participating. Where such a scenario can be achieved, fears that comparisons reduce the credibility and effectiveness of advertising as an institution are untenable.3
LEGAL & ETHICAL ASPECTS OF SAME SEX MARRIAGES AND LIVE-IN RELATIONSHIP
In some cultures, a one man and one woman marriage is often augmented by the addition of additional wives or husbands who may or may not live with the primary family. Same-sex marriages, while certainly not common in most societies, have existed in many cultures. The idea of same-sex marriage in the twenty-first century is not such a revolutionary idea. The Indian society needs an overhaul; conservative beliefs and old baseless social norms are hampering our nation’s founding principles of equality, justice and fair life for everyone, irrespective of sex, colour and religion. From a civilisation known for pluralism, liberty and equality, the nation is mocked by other nations for our antediluvian ideologies and our obsession for preserving a culture which is grossly misinterpreted. To say that when two people who are not married still live together in a relationship, an emotional or sexual bonding is formed between them. Those people who are in live in relationship represents themselves in society as married couples. Often marriage is considered as sanction for couples to live together but with changing times this norm is not usually followed specially with the cosmopolitan population who are always eager to question the established social norms. Live in relationship is a new concept in India. With changing times and attitude of the people these relations have come to the main stream of the society. The number of such relations is increasing gradually. This main purpose of writing this article is to establish social awareness in the minds of the people. The newly developed societal change needs special legislation because the present legislations are only in the form of court rulings and the current law is not very clear on homosexuals and their relationship ends in victimization as the rights, responsibilities and obligations of parties are not defined. Also, a proper framework regarding same-sex marriages and live-in relationship should be introduced and implemented.
CONSTRCUTION WORKERS: PROBLEMS AND ISSUES IN AHMEDABAD
India is considered as a land of various religions where people from various countries came and reside in India. Some are high profile, who came to earn big profits, and others are peoples like Construction workers, who came to build the modern India but they themselves never got the shelter to live and proper amenities to stay and grow their children. India’s three crore construction workers are literally the builders of modern India. They build the roads and highways, the railway tracks and airports and ports that connect the vast sub-continent and make India one country, spanning all its distances and diversities. Construction workers are the backbone of the economy as they create the infrastructure necessary for industrial growth. In a globalizing economy, it is they who are constructing the new economic zones, the IT cities; call centres and mega malls that are creating new forms of wealth today. It is they who are laying the cables for a rapidly expanding country-wide telecommunications network. Yet these workers, who are creating these historical monuments and founding the base of the economy, they themselves live in a time warp, bonded with contractual relations, low paid, insecure working conditions, bonded labor etc.
CASE ANALYSIS FOR THE PRINCIPLE OF NOSCITUR A SOCIIS: PUNJAB BEVERAGES PVT. LTD., V. SURESH CHAND AND ANR, 1978
The first respondent was a workman employed as an operator in the undertaking of the appellant from 1st March, 1970 and he was in receipt of Rs. 100/- per month as salary. On 21st December, 1971 the 1st respondent was suspended by the appellant and a charge sheet was served upon him and before any inquiry on the basis of this charge sheet could be held, another charge sheet was given to him on 17th April, 1973. This was followed by a regular inquiry and ultimately the appellant, finding the 1st respondent guilty, dismissed him from service by an order dated 23rd December, 1974. At the time when the 1st respondent was dismissed from service, an industrial ,dispute was pending before the Industrial Tribunal at Chandigarh, and therefore, in view of the provisions contained in Section 33 (2) (b) of the Act, the appellant immediately approached the Industrial Tribunal, 'before which the industrial dispute was pending, for approval of the action taken by it. But before it came up for hearing, the appellant applied to the Indus- trial Tribunal for withdrawing the application and the Industrial Tribunal thereupon made an order on 4th September, 1976 dismissing the application as withdrawn. The 1st respondent then demanded from the appellant full wages from the date of his suspension till the date of demand contending that as the action of the appellant dismissing the 1st respondent was not approved by the Industrial Tribunal, the 1st respondent continued to be in service and was entitled to all the emoluments. The 1st respondent made an application to the labour Court under section 33C(2) for determination and payment of the amount of wages due to the 1st respondent from the date of suspension, on the ground that the appellant not having obtained the approval of the Industrial Tribunal to the dismissal of the list respondent under section 33 (2) (b), the order of dismissal was void and the 1st respondent continued to be in service and was entitled to receive his wages from the appellant.
“JUVINILE DELIQUENCY”- CAUSES, CONCERNS AND CONSEQUENCES
India’s laws can hold children as young as 7 responsible for crimes, which is far lower than the world average of 13.5 years for criminal responsibility. In UK, the age for criminal responsibility is currently 10 years and there is insistence to raise that. 2 The showing of participating in a wrongdoing by a minor is seen as Juvenile misconduct. . This criminal show can be repelled by an assortment of means, arranged especially to deal with the people who are under the statutory time of larger part. In any case, the climb of street have makes various people fight that the earnestness of the youthful arraignment structure is not adequately high to constitute fitting order. Thus, the guilty parties must be endeavored under adult laws. It is difficult to contend this position as the unlawful acts submitted by group individuals, paying little mind to their age, are frequently as genuine and intolerable as the ones conferred by grownups. On the off chance that one takes a gander at the issue from one perspective, it is difficult to comprehend why the criminal can't be rebuffed with the whole seriousness of the law. As the quantity of adolescents who get captured for genuine offenses expands, it is just normal to trust that the seriousness of their disciplines must be expanded also. This ought to make the culprits comprehend the genuine degree of their activities. A man who is rightfully rebuffed for overstepping the law will be wearier of rehashing the demonstration. This can't be said in regards to somebody whose discipline is too light when contrasted with the wrongdoing submitted. The research article endeavors to uncover the level headed discussions upon these imperative issues in light of the developing pattern, need and request of the general public meant to be subjected to a serene and honest environment. The examination article put advances the lacuna's and crevices inside the current legitimate system and in addition its pragmatic execution with respect to the issue and endeavors to give suggestive measures to accomplish the method for the law.
HATE SPEECH – SOCIETY SHOULD NOT STAND SPEECHLESS
Freedom of Speech and Expressions’ can only be regarded a progressive nation in true sense. Speech, verbal and non-verbal, plays an important role in dissemination of ideas, beliefs, concepts and doctrines and often initiates a person into action on the expressed views. Existence of multiple opinions in a plural society is indicative of growth and peaceful coexistence and a society which encourages difference of opinion is capable of building a strong nation, defined in the following verse of the poet Rabindranath Tagore: “Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit where the mind is led forward by thee into ever-widening thought and action into that heaven of freedom, my Father, let my country awake.” However, provocative speeches, bereft of any logical reasoning, as the poet had contemplated, coupled with ill-conceived thoughts and actions, defying the decorum of a civilized society, bordering on insanity, have off late played havoc not only with the social fabric of a nation but with its unity and integrity as well. Hence, while it is important that a nation allows its citizen the Right to Freedom of Speech and Expressions, it is equally important that such a right do not infringe on other citizen’s right to have one’s own opinion, ideas, faith and belief, including religious belief. To that extent, a society shouldn’t stand speechless, as a mute spectator, to the verbal assault of a few mindless lunatics and must draw a lakshman-rekha, a sort of mechanism to keep control on such fringe elements that may try to create differences within a society and destroy the peace and tranquility in the process. This article seeks to study the phenomenon in the backdrop of recent developments where hate speech- online and offline, by an individual or an organization have trampled on fellow citizen’s rights. It analyses what constitutes hate speech and the mechanism developed by various nations, including India, in controlling hate speech without jeopardizing the Right of Freedom of Speech and Expressions ingrained in the Constitution. The options available before the law-makers the world over to restrict hate speech, and in the process keep the window of free expressions wide open has also been analyzed in context of legal framework developed by various nation, which demarcates hate speech vis-à-vis freedom of speech and expressions. Needless to mention that when an individual or an organization take recourse to hate speech, it is done with the avowed aim of self-aggrandizement and they do not have the interest of the society or the nation at heart; as often such mischief mongers make their followers to believe. Lastly, trolling on social media, a recent development, aimed at silencing a voice of dissent, a genuine criticism of policy and programmes of the Government or organization, has also been studies in context of its effect to gag free dissemination of views and opinions.
SOCIO –ECONOMIC IMPLICATIONS AND LEGAL ISSUES IN KOZHIKODE DUE TO THE INFLUX OF DOMESTIC MIGRANT LABOUR TO THE REGION
This mobility exposed man to a wide range of socio-economic and environmental diversities. Human species have always tried to adapt to totally strange surroundings which brought about a lot of changes in their lives as well as the new surroundings in which they temporarily or permanently settled. The early hominid populations from homo erectus onwards adapted to such increasingly diversified economic conditions. Homo erectus moved from the hot savanna to a variety of new environments which led to changing food habits , adaptation to new types of subsistence economy and morphological changes. It is noteworthy that the process of adaptive change in response to environmental alterations was visualized as early as the time of Herodotus , the father of history (484-425 B. C).i History has witnessed a great number of such migrations which brought about tremendous socio –economic implications to man’s life. Migration can be simply defined as movement of population from one place to another. It includes temporary or permanent movements. As the impacts of migration are really far reaching , studies on migration deserves special attention.
SUPREME COURT ADVOCATES-ON- RECORD ASSOCIATION & ANR. v. UNION OF INDIA
The case of Supreme Court Advocates-on- Record Association & Anr. v. Union of India, was a 2014 judgement of the Supreme Court of India, which dealt with the 99th amendment to the Indian Constitution. In its 1042 page judgement, the court declared the Constitution (Ninetyninth Amendment) Act, 2014 (hereinafter referred to as, the Constitution (99th Amendment) Act), and the National Judicial Appointments Commission Act, 2014 (hereinafter referred to as, the NJAC Act) as unconstitutional. This paper seeks to rebut the three main issues bought forth in the judgement. Article 368 of the Indian Constitution lays down the power of the parliament to amend the Constitution and the procedure therefor to do the same. The Indian Constitution provides a very easy and simple procedure to amend the Constitution under Article 368, reflecting the Constitution's partly rigid-partly flexible character. The provision has been put to use over 100 times. The amending mechanism was lauded even at the time of introduction of the Constitution by Dr. Ambedkar in the following words ‘We can therefore safely say that the Indian federation will not suffer from the faults of rigidity or legalism. Its distinguished feature is that it is a flexible federation.’
DISPUTE RESOLUTION IN RURAL INDIA: AN OVERVIEW
Every society has evolved its own mechanisms for dispute resolution. The informal settlement or resolution of local disputes has been seen throughout India from ancient times. But we could not see any homogeneity in dispute resolution practices. The idea of panchayat justice is not new to us. Since the ancient period panchayats have played an important role in village level dispute resolution. Elders resolve the disputes in the village by harping on their intimacy with the people and by taking into consideration local conditions, language, habits, customs and practices. The informal local governance system of the past has now given way to a formal local governance system. Mediation, negotiation and facilitated problem solving are practical and desirable means to face a conflicting situation and to create peace in our communities and neighbourhoods. The paper deals with the history and dynamics of dispute resolution practices especially on informal practices in India from the ancient period to the present.
TRACING THE TERROR REGIME: UNDERSTANDING ISLAMIC FAULT LINES
‘I think that the best way to solve problems and to fight against war is through dialogue. For me the best way to fight against terrorism and extremism... just a simple thing: educate the next generation.’ - Malala Yousafzai The above quote by Malala Yousafzai might seem idealistic and preachy yet the avenue of education could possibly be our only sustaining resort in combating the relentless global crusade against terrorism. Terrorism the very term signifies a systematic use of terror especially as a means of coercion. It is a term that is politically and emotionally loaded and this greatly compounds the difficulty of providing a precise definition. The concept of terrorism may itself be controversial as it is often used by State authorities to delegitimize political or other opponents and potentially legitimize the state’s use of armed force against opponents. The term terror comes from the Latin word ‘terrere’ which means to frighten. The final goal maybe to achieve religious, ideological or political objectives. However, education in the above quote does not solely mean awakening a misled terrorist to a righteous path, it also would include in its ambit ‘us’ the wronged populace from emerging as ‘victims’ of terrorism to ‘the populace’ who have previously played the role of perpetrators actively practicing ‘islamophobia’. This paper would trace the concept, causes and the situations that perpetuate Terrorism, the current challenges and suggestions to curb the same within the present international paradigm.
JUDICIAL PRONOUNCEMENTS ON SPEEDY TRIAL IN INDIA: AN ANALAYSIS
The Indian judiciary plays a significant role in protecting the rights of the people and it has tried to give certain rights like right to speedy trial, right to fair trial etc. a constitutional status by including all these rights within the purview of Article 21 of our Constitution. The judiciary in India has played a dynamic role in the dispensation of justice by providing fair and just trial to all its citizens. There are catena of pronouncements of the Supreme Court and High Courts on the subject of trial wherein the Courts have questioned the delays and discharged the accused. The pre-emergency Supreme Court has not developed any extensive jurisprudence in the field of basic human rights. But the post–Emergency Supreme Court turned active and militant in this field. It has evolved a new regime of Fundamental Rights which are not expressly present in the Indian Constitution, e.g., right to speedy trial emerged as independent fundamental right.
COMPULSORY LICENSING AND BAYER PROVISION: THE ROOTS OF IMPLICATION OF TRIPS
Patent is one of the instruments which are mostly debated for its role under pharmaceutical industry. What is patent all about? Why is it in debate nowadays? The simple answer to all these questions is that Patent is an instrument by which grant of some privilege, property or authority is made by the government or the Sovereign of the country to one or more individuals. The debate started when India signed General agreement for trade and tariff in 1994 wherein it agreed to implement all the flexibilities of TRIPS within a given time period. India faced challenges while adopting the provisions of TRIPS as maintaining stability between the provisions of TRIPS (Trade Related Intellectual Property Rights) and Protection of Public Interest was the aim of Indian policy makers. TRIPS brought in drastic change in the existing patent law wherein it introduced Product patent, Rights of Patentee. The provisions also extended the term of patent. Certain modifications/ flexibilities were also introduced by TRIPS agreement, which were: Compulsory licensing, Bolar exemption and Parallel imports. Introduction of product patent led to a great loss for the generic pharmaceutical industry in India as they were no longer allowed to continue the process of “reverse engineering”. On one hand the implementation of TRIPS restricted the pharmaceutical industry in terms of producing generic drugs; on the other hand it opened up opportunities for the industry in terms of investments in Research and Development of molecules. Compulsory Licensing was incorporated by Section 84 of Indian Patent Act, 1970. Also, there was recognition of India’s Bolar Exemption under section 107A of Indian Patent Act, 1970. No doubt every new implication has its own positive and negative effect what needs to be observed is which of the effect is more prevalent and what is the general view of pharmaceutical companies on such changes. Most of the companies viewed the change within the patent system as positive and accepted and started gearing up for the same where others found it to be an opportunity for basic Research and Development.
SPORTS AND INTELLECTUAL PROPERTY RIGHTS – AN OVERVIEW ON THE INDIAN STANDARDS
People are drawn into sports activities since time immemorial and from passion it has evolved into a global industry with unlimited trade opportunities. Sports have created communities of players and fans alike and it is also an economic engine that provide jobs around the world. The sports industry being a massive sector across the world has helped to bring various cultures and economies together in the past century. The sports industry has a growing impact on the world economy, creating jobs, investing in public infrastructure and mobilizing resources. Money has acquired an enormous role in all sporting events as corporatization of sports made sporting events no more sporting events worldwide. The scope of Intellectual Property Rights is of immense importance in the sporting arena. Intellectual Property Rights vests in almost every component of the sports industry. Sports are showing Intellectual Property in action and the Intellectual Property in turn powers the business of sports.
STATE ACTION REQUIREMENT UNDER INDIAN CONSTITUTION: CONCEPTUAL CHALLENGES IN THE ERA OF HUMAN RIGHTS
The period from the second half of twentieth century is usually regarded as the age of human rights. The concept of human right is generally conceived as minimum guaranteed right protecting individual against the excesses of state. In fact, the legitimacy of the state itself depends on its fulfilling the obligation of protecting the basic human rights of life, liberty and estate of its subjects. This is the reason for the incorporation of most of these human rights in the constitutional documents of world nations as fundamental rights. Fundamental rights have dual aspects.3 First point of view is that, it confers justiciable rights on the people which can be enforced through the courts against the state.Second point of view is that, Fundamental rights constitute restriction and limitation on state action. However, later a consensus have developed that these Fundamental rights are no longer at the disposal of the state and that they are entitlements guaranteed directly to individuals under the International human rights regime. But these developments have not led to the change in the concept of human rights7 which generally remained state centric. Thus, a person who alleges the infringement of his human rights has to establish before the court that, there was arbitrary invasion upon his rights by the state. Hence the scope of human rights is mainly limited to the state - individual relationship and it leaves all other areas without interference.
RESIDENTS OF INDIA’S NATIONAL CAPITAL TERRITORY OF DELHI DESERVE A STRONGER ANTI-CORRUPTION OMBUDSMAN LEGISLATION
Much has been written and opined, by both scholars and political commentators, on the famous 2011 campaign led by Anna Hazare which eventually led to the enactment of the anticorruption ombudsman legislation i.e. The Lokpal and Lokayuktas Act, 2013 (Act 1 of 2014). Strangely, the ombudsman legislation operating in the National Capital Territory of Delhi, the hotbed and centre stage of the aforesaid campaign, has invited little scholarly attention. The present article seeks to fill that vacuum insofar as a critical analysis of The Delhi Lokayukta and Upalokayukta Act, 1995 (Act 1 of 1996) is concerned. Since The Delhi Janlokpal Bill, 2015 is yet to receive the assent of the Lt. Governor, the people of Delhi continue to rely on the Lokayukta for redressal of grievances qua maladministration and corruption. Unfortunately, the Delhi Ombudman is neither efficacious nor fully independent as duly noted recently by the High Court of Delhi.