In defence of section 377 IPC: A constitutional auditing [V. Elanchezhiyan]
Whether law as an instrument capable of excluding and including, excludes homosexual to be treated as equals that looms large in the minds of the academicians, scholars, parliamentarians and researchers alike. Whether criminalization in respect of innocuous consensual sexual activity is justified? Whether the privacy rights has been violated? Whether the state together with society comp licitly takes part in the process of stigmatization? These are plethora questions, which looms large in the mind of many. The present topic is not one which pleads for legislation of homosexuals or states to propagate pro- homosexual dogma but testing S.377 at the anvil of equality and the consequentiality of decriminalizing. Moreover, to bring before the arguments why decriminalinalisation is unwarranted. Why there is a need to retain S.377? why consensual relationship does not fall within the purview o |
An analysis of concept of state in Indian constitution with reference to relevant case laws [Alipak Banerjee]
In this paper author tried to remain confined to Indian Constitution however the constituent assembly debates have been discussed at length so as to give a proper understanding of the origin of ‘concept of state’ in Indian Constitution. The paper also discusses how Indian Judiciary has broadened the concept of state with respect to Article 12 of Indian Constitution with reference to relevant case laws. My paper concludes with the thought that even though there has been inconsistency in the judgments pertaining to Article 12 yet I believe the judiciary has done a remarkable job by widening this definition so as to increase the ambit of fundamental rights in Indian Constitution. |
Anticompetitive Trade Practice and Data Protection in Indian Perspective [Rahul Dutta]
This article investigates into the demand for data protection law from a few specific sections of industries in the name of Indian commitment to the TRIPS agreement. The TRIPS Agreement makes it mandatory for the Members to protect undisclosed information. This article looks into the difference between data protection, data exclusivity and trade secret in an attempt to trace undisclosed information provision of the TRIPS Agreement. This article also investigates the anti-competitive trade practice forcefully implemented in the name of a separate legal tool for data protection. |
Reduction of Capital – Issues, Concerns and Legal Responses [Tushar Tarun]
This paper would look into the concept of reduction of capital, what are the concerns regarding the same, what is the legal response to it. The researcher would also look into the adequacy of the current legal safeguards of the creditors, shareholders, company and the public due to reduction of capital. |
Sustainable development - constitutional and legal developments in India [Shamsher Singh ]
The term sustainability has been derived from the Latin word sustinere which means to hold up, to endure, to bear, to support, to provide for, to maintain, to sanction, to keep up, to prolong, to support the life of. Sustainable development means an integration of developmental and environmental imperatives. Development possesses both economical and ecological sustainability for developmental planning. Therefore, the development strategy ought to be three fold. Firstly, that human beings should be able to enjoy a decent quality of life, secondly, that humanity should become capable of respecting the finiteness of the biosphere, and thirdly, that neither the aspiration for good life, nor the recognition of biophysical limits should preclude the search for greater justice in the world. The developmental model required to be followed in India, and also in other developing countries must be |
Legal due diligence- An overview [Nabonita Sen]
This article on Due diligence is written with an aim to give an introduction to the process of due diligence as it applies to businesses in the all sectors and corporates. It begins with an overview of the circumstances in which a company will be subjected to due diligence and the reasons why it is necessary. It then goes on to outline the areas which will be the main focus of legal due diligence, with an emphasis on intellectual property rights. Due Diligence is a process through which one can know the actual valuation of the Company, what are the assets and liabilities of the Company and the exact status of the Company. |
Constitutionality of Narco Analysis [Srishti Saxena]
This article deals with Constitutionality of Narco analysis. Narco anaysis is examined from the point of view of essential elements of art 20(3) and the conclusion is drawn that narco analysis is constitutional. |
Amendment to section 27 so as to incorporate the clause of reasonability in light of employer employee relationship [Supriya Srivastava]
The question, which the author is trying to address in this article, is that there is a need to amend Section 27 of the Indian Contract Act so as to incorporate the clause that the covenants in restraint of trade if reasonable are valid and enforceable in law. |
Globalization of professional ethics [Puneet Shukla]
In this article author examines the activity of the International Bar Association (IBA) and the Council of the Bars and Law Societies of the European Union (CCBE), the contexts in which they function, and the codes that they have produced, as case studies of the production of international codes of ethics. These two codes are among the more mature attempts in the production of international ethical codes and therefore provide sufficient material for analysis and comparison. Secondly, compare the codes and examine the three functions of the promulgation of ethical codes that constitute their sociological comprehensiveness: the deontological function, the legitimation function and the political function, and the extent to which these provide the momentum for globalisation of lawyer’s ethics. |
The proposal to impeach Justice Soumitra Sen: legal and ethical issue [Shahid Parvez ]
The Researcher in this article, namely, ‘The Proposal to Impeach Justice Soumitra Sen Legal and Ethical Issue’ has tried to identify the issues which are involved in the impeachment proposal for Justice Sen. The researcher has tried to find out that whether the appointment of Justice Sen was proper or not? Whether Justice Sen should only be held liable or the people who have appointed him as the Judge without proper inquiry should also be held liable? The researcher has also tried to analyse in this Article the Supremacy of the Constitution vis-a-vis Supreme Court (Creature of the Constitution) etc. |
The Biodiversity Rights: A Perspective from India [Avani Bansal]
The Biological Diversity Act, contemplates biodiversity as the variability among living organisms from all sources and the ecological complexes of which they are a part, and includes diversity within species or between species and of eco-systems’, where biological resources means plants, animal and micro-organisms or parts thereof, there generic material and by-product (excluding the value added products) with actual and potential use or value, but does not include human genetic material. |
Freedom of press in India: ‘An overview’ [Amit Kumar Sinha ]
In this article Amit have dealt with the constitutional history of Indian press, different constitutional provisions for press freedom in different countries, constitutional provisions for press freedom in India, different surveys and reports of press freedom regarding India, current scenario of press freedom in India, recommendations for the improvement of press followed by the conclusion. |
Medical Termination of Pregnancy act- An archaic society or an archaic statute? [Jenna Narayan]
In the light of the recent Nikita Mehta case, this article revisits the Medical Termination of Pregnancy Act, 1971 and attempts to answer the title question- does this Act match up to the demands of the present or has it become antiquated? |
An Analysis of Deterrent Theory of Punishment [Gaurav Priyadarshi & Nishant Prakash]
In this article the author has analysed the concept of deterrence theory of punishment. Law is proactive but is reactive at the same time. The law which is old today may be obsolete tomorrow and hence constant revisions of those laws are required. The authors in this article proposes that a need to bring modification in the deterrent theory of punishment. It is also analysed by the authors that the relationship between crime and punishment, different theory of punishment. The authors have done a comprehensive work on the deterrent theory. At last the author have dealt in with the economic aspect of deterrence theory and has finally concluded by suggesting a new mode of punishment or what all rectifications are required in the present deterrent form of punishment. |
An overview of land acquisition in Singur [Sayantan Gupta]
The paper explores the controversy that has surrounded the West Bengal Government’s land acquisition programme in Singur and situates it within the overall context of economic growth and transformation. It argues one of the most adversely affected groups as a result of the acquisition is relatively large farmers for whom agriculture is a source of profit and accumulation and not livelihood and subsistence. This might explain in part why the resistance has been so strong. The legality of the demands made has also been examined in light of the verdicts given by the appellate courts. The paper argues that equitable and sustained growth is possible only by reducing the share of agriculture in the labour force and that the current strategy of the West Bengal Government may not be sufficient to guarantee a significant decline in that share. Any equitable growth strategy has to therefore focus |