The teaching and research of international law in India is affected in a manner, which is in many... more The teaching and research of international law in India is affected in a manner, which is in many respects, occur different from that of the developed world. There exist salient differences in attitude, focus, approach, interpretation, and resources. Presently, the teaching of international law in India has been essentially Eurocentric, with course of study acquiescent to western anecdotes, and research which is largely detached from the relevant content. Such an approach was further strengthened by the adoption of "positivist methodology in both teaching and research", which in a way rejected any excursions into the world of deep structures. For a greater part of Indian legal education there has been a sense of lack of relatability, particularly in addressing local legal issues. This has impacted students, the discipline, and legal pedagogy alike. Furthermore, because of the complexity of Indian society engendered by its own internal contradictions, one finds interesting disparities of substance and methodology adopted for dispersing knowledge. In this milieu, this paper discusses teaching and research methods of international law in India amidst a backdrop that provides context within which the newer approach can be centered around. This will be followed by an attempt to strengthen the teaching and research of international law in India, particularly in the light of Global North's hegemonic dominance over the "form and content of treaties and institutions." The paper while tries to examine the ongoing neo-liberal model, argues for injecting the process with equity. The paper concludes with a suggestion that in view of severe social and economic limitations, coupled with changing foreordination in knowledge and power, the subject of international law should really be given high priority.
The teaching and research of international law in India is affected in a manner, which is in many... more The teaching and research of international law in India is affected in a manner, which is in many respects, occur different from that of the developed world. There exist salient differences in attitude, focus, approach, interpretation, and resources. Presently, the teaching of international law in India has been essentially Eurocentric, with course of study acquiescent to western anecdotes, and research which is largely detached from the relevant content. Such an approach was further strengthened by the adoption of "positivist methodology in both teaching and research", which in a way rejected any excursions into the world of deep structures. For a greater part of Indian legal education there has been a sense of lack of relatability, particularly in addressing local legal issues. This has impacted students, the discipline, and legal pedagogy alike. Furthermore, because of the complexity of Indian society engendered by its own internal contradictions, one finds interesting disparities of substance and methodology adopted for dispersing knowledge. In this milieu, this paper discusses teaching and research methods of international law in India amidst a backdrop that provides context within which the newer approach can be centered around. This will be followed by an attempt to strengthen the teaching and research of international law in India, particularly in the light of Global North's hegemonic dominance over the "form and content of treaties and institutions." The paper while tries to examine the ongoing neo-liberal model, argues for injecting the process with equity. The paper concludes with a suggestion that in view of severe social and economic limitations, coupled with changing foreordination in knowledge and power, the subject of international law should really be given high priority.
The global governance of humanitarianism has been gradually
involving states, international insti... more The global governance of humanitarianism has been gradually involving states, international institutions, and civil society. Over the years, UNHCR is seen prioritizing engagement with private actors to create, and at the same time, participate in sustainable alternatives to state-led humanitarian dependency. These engagements involve multiple roles including sharing information, raising awareness, lobbying and advocating, connecting, incentivizing, etc. Because of such engagements, there are greater possibilities for refugees to have access to training, mentorship, microcredit, and better livelihoods. The paper argues that such innovative effort has the potential to empower refugees rather than treat them as a burden to the host communities. The paper concludes that the time has come wherein the States’ must embrace the role of private actors to fundamentally transform the existing State-led emergency response. However, this would require developing global standards for collecting, sharing, and strong date under the careful oversight of UNHCR to ensure that no compromise is made to the core protection standards.
“Does Privatization Serve the Public Interest? An Assessment of the Risks and Benefits of Prison ... more “Does Privatization Serve the Public Interest? An Assessment of the Risks and Benefits of Prison Privatization”, 3 Lexigentia, 80-97 (2016)
"Privatization of Corrections: Private Prison Controversy and the Privatisation Continuum”, 16 Na... more "Privatization of Corrections: Private Prison Controversy and the Privatisation Continuum”, 16 National Capital Law Journal, 97-112 (2017)
The Indian Legal Profession in the Age of Globalization: The Rise of Corporate Legal Sector and I... more The Indian Legal Profession in the Age of Globalization: The Rise of Corporate Legal Sector and Its Impact on Lawyers and Society. Edited by David B. Wilkins, Vikramaditya S. Khanna, and David M. Trubek, Cambridge University Press, New Delhi, 2018 (South Asian Edition). xv + 756 pp., (Paperback), ₹895. ISBN: 978-1-108-44487-3
The teaching and research of international law in India are affected in a manner, which is in man... more The teaching and research of international law in India are affected in a manner, which is in many respects, occurs differently from that of the developed world. There exist salient differences in attitude, focus, approach, interpretation, and resources. Presently, the teaching of international law in India has been essentially Eurocentric, with the course of study acquiescent to western anecdotes, and research which is largely detached from the relevant content. Such an approach was further strengthened by the adoption of “positivist methodology in both teaching and research”, which in a way rejected any excursions into the world of deep structures. For a greater part of Indian legal education, there has been a sense of lack of relatability, particularly in addressing local legal issues. This has impacted students, the discipline, and legal pedagogy alike. Furthermore, because of the complexity of Indian society engendered by its own internal contradictions, one finds interesting disparities in substance and methodology adopted for dispersing knowledge. In this milieu, this paper discusses teaching and research methods of international law in India amidst a backdrop that provides the context within which the newer approach can be centered around. This will be followed by an attempt to strengthen the teaching and research of international law in India, particularly in light of Global North’s hegemonic dominance over the “form and content of treaties and institutions.” The paper while trying to examine the ongoing neo-liberal model argues for injecting the process with equity. The paper concludes with a suggestion that in view of severe social and economic limitations, coupled with changing foreordination in knowledge and power, the subject of international law should really be given high priority.
The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over wa... more The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine's statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.
Since COVID-19 outbreak the legal industry is awash in concepts like legaltech, which are popping... more Since COVID-19 outbreak the legal industry is awash in concepts like legaltech, which are popping up in quite a number. It represents an engrossing fusion of technology, business, and legal expertise that can be applied to both the business of law and the practice of law. Currently, investment in legaltech set an all-time high. There has been gigantic increase in tech bandwagons that offer an everexpanding array of tech-related courses, workshops, and externships. In this perspective, the paper argues that the impact of technology on the way we live, work, and conduct business is all pervasive and although legal profession has been slow to embrace technology the march ahead appears progressive.
On August 09, 2021, the Intergovernmental Panel on Climate Change (IPCC) launched its 6 th assess... more On August 09, 2021, the Intergovernmental Panel on Climate Change (IPCC) launched its 6 th assessment report (AR6) on the current state of the climate, including how it is changing and the role of human influence. The timing of the IPCC Report (AR6) appears to be interesting i.e. 3 months ahead of the COP26, which perhaps grants the policymakers and other decision makers, an opportunity to take adequate action in time. The IPCC Report (AR6) while locating its funding on the actual scientific evidences argued that the climate we experience in the future depends on our decisions now. In this regard, the present paper examines the efforts/initiatives put together on behalf of the Government of India to mitigate climate crisis. The paper finally argues that unless there are rapid, sustained and large-scale reductions of climate change, limiting global warming, as enshrined in the Paris Agreement, will be beyond reach.
The International Criminal Court (ICC) on February 5, 2021 said that ICC has
jurisdiction over wa... more The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine’s statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.
Legal education in India witnessed radical vision because of the efforts made by the one and only... more Legal education in India witnessed radical vision because of the efforts made by the one and only Prof. (Dr.) N.R. Madhava Menon. The life of Prof. Menon is a great book of teachings, encompassing vision, values, dedication and integrity. This article is a mark of respect to the phenomenal contribution of Prof. Menon for the cause of legal education in India and abroad. The article explores few of the many roles Prof. Menon played in the course of nearly six decades of teaching and research.
During the COVID-19 governance experience, instances remain common wherein one could see the adop... more During the COVID-19 governance experience, instances remain common wherein one could see the adoption of 'haphazard' or caught 'off-guard' measures. At one place they have the potential to violate the constitutional right to equality and right to life of general masses, at the same time their continuous use strengthens development of an oppressive structure that targets vulnerable sections of the society. It is in this perspective the paper seeks to address the concerns of prisoners and migrant labours-termed "others". The paper reveals that while on the issue of prisons the initial efforts to resolve their concerns came through the Court followed by the governments; whereas in matters concerning the migrants the initial efforts saw government attention and later due to continuous reference from various corners of society the Court took the suo moto role to correct the situation on ground. The paper finally concludes that in both the cases, the results have been woefully uncoordinated.
The 2014 landmark judgment of Animal Welfare Board of India v. A. Nagaraj settled a new dimension... more The 2014 landmark judgment of Animal Welfare Board of India v. A. Nagaraj settled a new dimension of animal rights in Indian legal system. The judgment in fact established a ratio for the future development of the animal jurisprudence in India. While examining the impact of the judgment, it was found that in order to protect animals, birds, lakes, river etc., various high courts have carved a proactive role of state to conserve nature as a whole. The present trend suggests that Indian judiciary is expanding the meaning of life and protection covered under article 21 and in doing so has even extended it to non-human entities as well. The courts applied eco-centric principles and rejected the anthropocentric approach to protect ecology. Further, the courts have emphasized on the duties of the state to protect animals (wild or domestic) and birds (migratory or exotic) within its territory under the doctrine of parens patriae. In this backdrop, the paper carefully studies the impact of the Supreme Court's pronouncements on various high courts in strengthening animal jurisprudence. The paper also revisits the judicial views about formation of "animal law" as a separated branch of law.
The a tomic energy progra m initia ted in a modest manner and later developed into multi-dimensio... more The a tomic energy progra m initia ted in a modest manner and later developed into multi-dimensiona l orga nizations under DAE. The spectrum of significa nt activities includes resea rch a nd development in nuclear sciences a nd engineering, explora tion a nd mining of radioisotopes, nuclea r energy development a nd implementation, a pplica tion of nuclea r energy, bio-a gricultura l resea rch, medical sciences, etc. Though India a cknowledged the potentia l of nuclea r energy since independence, yet it ha s contributed little to its develo pment. It is required to ha ve the huge amount of energy requirement fo r India, in order to tra nsform into a developed na tion. Nuclea r power ha s the potentia l to sma ll fra ction of the total commercial energy consumed within India. The lia bility regimes for nuclea r da mage sha re two common fea tures i.e., channelling liability to the o perato r, ca pping this lia bility, a nd tra nsferring the fina l responsibility to compensa te the victims to the government. Having a dhered to the internationa l norms and standards, the la ws, rega rding atomic energy in India , appears to be in consona nce with the prescribed IAEA sta nda rds. 1 This essa y carefully eva lua tes and ana lyses the lega l fra mework perta ining to a tomic energy laws in India .] * Advoc ate, High Co urt of Delhi.
In exchange for Banaras Law Journal, the Law School, Banaras Hindu University would appreciate re... more In exchange for Banaras Law Journal, the Law School, Banaras Hindu University would appreciate receiving Journals, Books and monographs, etc. which can be of interest to Indian specialists and readers.
P ublis he d b y: S out h A s ia n A c ade m ic R es e arc h J our nals SAJMMR: S o u t h A s i a... more P ublis he d b y: S out h A s ia n A c ade m ic R es e arc h J our nals SAJMMR: S o u t h A s i a n J o u r n a l o f M a r k e t i n g & M a n a g e m e n t R e s e a r c h (A D o u b le B l i n d R e fe r e e d & R e v ie we d I nt e r na t io na l J o ur na l) ABSTRACT The paper begins with an argument that market is not self regulating, creating, and self stabilizing. Market without regulatory regimes results in economic and political malfunction which leads to inequality and ultimately cause financial crimes. To ensure Free and fair Market Economy the state is necessary evil. The purpose of this paper is to examine the desirability and efficacy of laws available to consumers and changing behavior of consumers in contemporary era. How information revolution has thrown newer kinds of challenges to the consumers like e-commerce, cybercrimes, plastic money, etc., which affect the consumer in even bigger way. It is to argue that Indian consumers in the present context are confused of today's traditional/ modern divide and opt for products that allow them to leave and enter so called modernity mindlessly. The researcher is of the opinion that a society is not a market. It is a political community. We are not in a dearth of consumer protection laws. What is in short supply is not the commodities but awareness, not law but justice. _________________________________________________________________________ I INTRODUCTION Today, growing globalized markets in world economy has developed a high sense to pinpoint the structured laws in the development of consumer protection. Despite of Modern technological advancements that have largely impacted on the quality, viability and safety of goods and services, the fact reveals that the consumers are yet victims of unscrupulous and exploitative practices. Exploitation is even more severe in the rural areas as the consumers are illiterate and ignorant of their rights.
The teaching and research of international law in India is affected in a manner, which is in many... more The teaching and research of international law in India is affected in a manner, which is in many respects, occur different from that of the developed world. There exist salient differences in attitude, focus, approach, interpretation, and resources. Presently, the teaching of international law in India has been essentially Eurocentric, with course of study acquiescent to western anecdotes, and research which is largely detached from the relevant content. Such an approach was further strengthened by the adoption of "positivist methodology in both teaching and research", which in a way rejected any excursions into the world of deep structures. For a greater part of Indian legal education there has been a sense of lack of relatability, particularly in addressing local legal issues. This has impacted students, the discipline, and legal pedagogy alike. Furthermore, because of the complexity of Indian society engendered by its own internal contradictions, one finds interesting disparities of substance and methodology adopted for dispersing knowledge. In this milieu, this paper discusses teaching and research methods of international law in India amidst a backdrop that provides context within which the newer approach can be centered around. This will be followed by an attempt to strengthen the teaching and research of international law in India, particularly in the light of Global North's hegemonic dominance over the "form and content of treaties and institutions." The paper while tries to examine the ongoing neo-liberal model, argues for injecting the process with equity. The paper concludes with a suggestion that in view of severe social and economic limitations, coupled with changing foreordination in knowledge and power, the subject of international law should really be given high priority.
The teaching and research of international law in India is affected in a manner, which is in many... more The teaching and research of international law in India is affected in a manner, which is in many respects, occur different from that of the developed world. There exist salient differences in attitude, focus, approach, interpretation, and resources. Presently, the teaching of international law in India has been essentially Eurocentric, with course of study acquiescent to western anecdotes, and research which is largely detached from the relevant content. Such an approach was further strengthened by the adoption of "positivist methodology in both teaching and research", which in a way rejected any excursions into the world of deep structures. For a greater part of Indian legal education there has been a sense of lack of relatability, particularly in addressing local legal issues. This has impacted students, the discipline, and legal pedagogy alike. Furthermore, because of the complexity of Indian society engendered by its own internal contradictions, one finds interesting disparities of substance and methodology adopted for dispersing knowledge. In this milieu, this paper discusses teaching and research methods of international law in India amidst a backdrop that provides context within which the newer approach can be centered around. This will be followed by an attempt to strengthen the teaching and research of international law in India, particularly in the light of Global North's hegemonic dominance over the "form and content of treaties and institutions." The paper while tries to examine the ongoing neo-liberal model, argues for injecting the process with equity. The paper concludes with a suggestion that in view of severe social and economic limitations, coupled with changing foreordination in knowledge and power, the subject of international law should really be given high priority.
The global governance of humanitarianism has been gradually
involving states, international insti... more The global governance of humanitarianism has been gradually involving states, international institutions, and civil society. Over the years, UNHCR is seen prioritizing engagement with private actors to create, and at the same time, participate in sustainable alternatives to state-led humanitarian dependency. These engagements involve multiple roles including sharing information, raising awareness, lobbying and advocating, connecting, incentivizing, etc. Because of such engagements, there are greater possibilities for refugees to have access to training, mentorship, microcredit, and better livelihoods. The paper argues that such innovative effort has the potential to empower refugees rather than treat them as a burden to the host communities. The paper concludes that the time has come wherein the States’ must embrace the role of private actors to fundamentally transform the existing State-led emergency response. However, this would require developing global standards for collecting, sharing, and strong date under the careful oversight of UNHCR to ensure that no compromise is made to the core protection standards.
“Does Privatization Serve the Public Interest? An Assessment of the Risks and Benefits of Prison ... more “Does Privatization Serve the Public Interest? An Assessment of the Risks and Benefits of Prison Privatization”, 3 Lexigentia, 80-97 (2016)
"Privatization of Corrections: Private Prison Controversy and the Privatisation Continuum”, 16 Na... more "Privatization of Corrections: Private Prison Controversy and the Privatisation Continuum”, 16 National Capital Law Journal, 97-112 (2017)
The Indian Legal Profession in the Age of Globalization: The Rise of Corporate Legal Sector and I... more The Indian Legal Profession in the Age of Globalization: The Rise of Corporate Legal Sector and Its Impact on Lawyers and Society. Edited by David B. Wilkins, Vikramaditya S. Khanna, and David M. Trubek, Cambridge University Press, New Delhi, 2018 (South Asian Edition). xv + 756 pp., (Paperback), ₹895. ISBN: 978-1-108-44487-3
The teaching and research of international law in India are affected in a manner, which is in man... more The teaching and research of international law in India are affected in a manner, which is in many respects, occurs differently from that of the developed world. There exist salient differences in attitude, focus, approach, interpretation, and resources. Presently, the teaching of international law in India has been essentially Eurocentric, with the course of study acquiescent to western anecdotes, and research which is largely detached from the relevant content. Such an approach was further strengthened by the adoption of “positivist methodology in both teaching and research”, which in a way rejected any excursions into the world of deep structures. For a greater part of Indian legal education, there has been a sense of lack of relatability, particularly in addressing local legal issues. This has impacted students, the discipline, and legal pedagogy alike. Furthermore, because of the complexity of Indian society engendered by its own internal contradictions, one finds interesting disparities in substance and methodology adopted for dispersing knowledge. In this milieu, this paper discusses teaching and research methods of international law in India amidst a backdrop that provides the context within which the newer approach can be centered around. This will be followed by an attempt to strengthen the teaching and research of international law in India, particularly in light of Global North’s hegemonic dominance over the “form and content of treaties and institutions.” The paper while trying to examine the ongoing neo-liberal model argues for injecting the process with equity. The paper concludes with a suggestion that in view of severe social and economic limitations, coupled with changing foreordination in knowledge and power, the subject of international law should really be given high priority.
The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over wa... more The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine's statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.
Since COVID-19 outbreak the legal industry is awash in concepts like legaltech, which are popping... more Since COVID-19 outbreak the legal industry is awash in concepts like legaltech, which are popping up in quite a number. It represents an engrossing fusion of technology, business, and legal expertise that can be applied to both the business of law and the practice of law. Currently, investment in legaltech set an all-time high. There has been gigantic increase in tech bandwagons that offer an everexpanding array of tech-related courses, workshops, and externships. In this perspective, the paper argues that the impact of technology on the way we live, work, and conduct business is all pervasive and although legal profession has been slow to embrace technology the march ahead appears progressive.
On August 09, 2021, the Intergovernmental Panel on Climate Change (IPCC) launched its 6 th assess... more On August 09, 2021, the Intergovernmental Panel on Climate Change (IPCC) launched its 6 th assessment report (AR6) on the current state of the climate, including how it is changing and the role of human influence. The timing of the IPCC Report (AR6) appears to be interesting i.e. 3 months ahead of the COP26, which perhaps grants the policymakers and other decision makers, an opportunity to take adequate action in time. The IPCC Report (AR6) while locating its funding on the actual scientific evidences argued that the climate we experience in the future depends on our decisions now. In this regard, the present paper examines the efforts/initiatives put together on behalf of the Government of India to mitigate climate crisis. The paper finally argues that unless there are rapid, sustained and large-scale reductions of climate change, limiting global warming, as enshrined in the Paris Agreement, will be beyond reach.
The International Criminal Court (ICC) on February 5, 2021 said that ICC has
jurisdiction over wa... more The International Criminal Court (ICC) on February 5, 2021 said that ICC has jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine’s statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.
Legal education in India witnessed radical vision because of the efforts made by the one and only... more Legal education in India witnessed radical vision because of the efforts made by the one and only Prof. (Dr.) N.R. Madhava Menon. The life of Prof. Menon is a great book of teachings, encompassing vision, values, dedication and integrity. This article is a mark of respect to the phenomenal contribution of Prof. Menon for the cause of legal education in India and abroad. The article explores few of the many roles Prof. Menon played in the course of nearly six decades of teaching and research.
During the COVID-19 governance experience, instances remain common wherein one could see the adop... more During the COVID-19 governance experience, instances remain common wherein one could see the adoption of 'haphazard' or caught 'off-guard' measures. At one place they have the potential to violate the constitutional right to equality and right to life of general masses, at the same time their continuous use strengthens development of an oppressive structure that targets vulnerable sections of the society. It is in this perspective the paper seeks to address the concerns of prisoners and migrant labours-termed "others". The paper reveals that while on the issue of prisons the initial efforts to resolve their concerns came through the Court followed by the governments; whereas in matters concerning the migrants the initial efforts saw government attention and later due to continuous reference from various corners of society the Court took the suo moto role to correct the situation on ground. The paper finally concludes that in both the cases, the results have been woefully uncoordinated.
The 2014 landmark judgment of Animal Welfare Board of India v. A. Nagaraj settled a new dimension... more The 2014 landmark judgment of Animal Welfare Board of India v. A. Nagaraj settled a new dimension of animal rights in Indian legal system. The judgment in fact established a ratio for the future development of the animal jurisprudence in India. While examining the impact of the judgment, it was found that in order to protect animals, birds, lakes, river etc., various high courts have carved a proactive role of state to conserve nature as a whole. The present trend suggests that Indian judiciary is expanding the meaning of life and protection covered under article 21 and in doing so has even extended it to non-human entities as well. The courts applied eco-centric principles and rejected the anthropocentric approach to protect ecology. Further, the courts have emphasized on the duties of the state to protect animals (wild or domestic) and birds (migratory or exotic) within its territory under the doctrine of parens patriae. In this backdrop, the paper carefully studies the impact of the Supreme Court's pronouncements on various high courts in strengthening animal jurisprudence. The paper also revisits the judicial views about formation of "animal law" as a separated branch of law.
The a tomic energy progra m initia ted in a modest manner and later developed into multi-dimensio... more The a tomic energy progra m initia ted in a modest manner and later developed into multi-dimensiona l orga nizations under DAE. The spectrum of significa nt activities includes resea rch a nd development in nuclear sciences a nd engineering, explora tion a nd mining of radioisotopes, nuclea r energy development a nd implementation, a pplica tion of nuclea r energy, bio-a gricultura l resea rch, medical sciences, etc. Though India a cknowledged the potentia l of nuclea r energy since independence, yet it ha s contributed little to its develo pment. It is required to ha ve the huge amount of energy requirement fo r India, in order to tra nsform into a developed na tion. Nuclea r power ha s the potentia l to sma ll fra ction of the total commercial energy consumed within India. The lia bility regimes for nuclea r da mage sha re two common fea tures i.e., channelling liability to the o perato r, ca pping this lia bility, a nd tra nsferring the fina l responsibility to compensa te the victims to the government. Having a dhered to the internationa l norms and standards, the la ws, rega rding atomic energy in India , appears to be in consona nce with the prescribed IAEA sta nda rds. 1 This essa y carefully eva lua tes and ana lyses the lega l fra mework perta ining to a tomic energy laws in India .] * Advoc ate, High Co urt of Delhi.
In exchange for Banaras Law Journal, the Law School, Banaras Hindu University would appreciate re... more In exchange for Banaras Law Journal, the Law School, Banaras Hindu University would appreciate receiving Journals, Books and monographs, etc. which can be of interest to Indian specialists and readers.
P ublis he d b y: S out h A s ia n A c ade m ic R es e arc h J our nals SAJMMR: S o u t h A s i a... more P ublis he d b y: S out h A s ia n A c ade m ic R es e arc h J our nals SAJMMR: S o u t h A s i a n J o u r n a l o f M a r k e t i n g & M a n a g e m e n t R e s e a r c h (A D o u b le B l i n d R e fe r e e d & R e v ie we d I nt e r na t io na l J o ur na l) ABSTRACT The paper begins with an argument that market is not self regulating, creating, and self stabilizing. Market without regulatory regimes results in economic and political malfunction which leads to inequality and ultimately cause financial crimes. To ensure Free and fair Market Economy the state is necessary evil. The purpose of this paper is to examine the desirability and efficacy of laws available to consumers and changing behavior of consumers in contemporary era. How information revolution has thrown newer kinds of challenges to the consumers like e-commerce, cybercrimes, plastic money, etc., which affect the consumer in even bigger way. It is to argue that Indian consumers in the present context are confused of today's traditional/ modern divide and opt for products that allow them to leave and enter so called modernity mindlessly. The researcher is of the opinion that a society is not a market. It is a political community. We are not in a dearth of consumer protection laws. What is in short supply is not the commodities but awareness, not law but justice. _________________________________________________________________________ I INTRODUCTION Today, growing globalized markets in world economy has developed a high sense to pinpoint the structured laws in the development of consumer protection. Despite of Modern technological advancements that have largely impacted on the quality, viability and safety of goods and services, the fact reveals that the consumers are yet victims of unscrupulous and exploitative practices. Exploitation is even more severe in the rural areas as the consumers are illiterate and ignorant of their rights.
The global governance of humanitarianism has been largely State-led and Statecentric. Such an app... more The global governance of humanitarianism has been largely State-led and Statecentric. Such an approach is still continuing, thereby resulting in greater dependency on donor governments. Having said this, over the years, UNHCR is prioritizing engagement with private actors to create, and at the same time, participate in the sustainable alternatives to state-led humanitarian dependency. The engagement involves multiple roles including sharing of information, raising awareness, lobbying and advocating, connecting, incentivizing etc. Because of such engagements, there are greater possibilities for refugees to have access to training, mentorship, microcredit, and better livelihoods. The paper argues that such innovative effort has the potential to empower refugees rather than treating them as burden to the host communities. The paper concludes that time has come wherein the States' must embrace role of private actors to fundamentally transform the existing State-led emergency response. This would require careful oversight by the office of UNHCR to ensure that no compromise is made to the core protection standards.
Intellectual property rights (IPRs) talk about the exclusive monopoly to the holder. Although IPR... more Intellectual property rights (IPRs) talk about the exclusive monopoly to the holder. Although IPRs may appear to be a part of the product development, but holistically, it is much more than just that. The regime of intellectual property also dictates the aftermath of the launch of the product. In fact, consumer products uniquely cross into all areas of intellectual property. While, the IPRs help the consumers in buying quality products, they also ensure protection from use of substandard products which may cause health and safety hazards. In this regard, one of the essentials of IPRs is also to protect consumers from deceit and confusion. In this perspective, the paper argues that even though the interplay of consumers and IPRs is not very apparent, yet protection against unfair competition, which is recognized as one of the main objectives of intellectual property system, demands greater attention. Here, the proper operation of IPRs and their enforcement plays significant role. The paper concludes that consumer being the nucleus, demands careful evaluation of IP policies, their management, and deployment of auxiliary strategies.
India consider capital punishment as a legal penalty for certain unsual or exceptional offences, ... more India consider capital punishment as a legal penalty for certain unsual or exceptional offences, termed as rarest of rare cases. Over the years, the manner in which death penalty is being given raises serious questions. It becomes all the more relevant because not all convicts awarded death penalty are executed. Further, despite the rarest of rare doctrine, which was meant to limit capital punishment, the number of death sentences pronounced is high. The issue of capital punishment was twice dealt by the Law Commission of India and on both ocassions it recommended to retain capital punishment. In 1962, it supported the death penalty on the basis of India's particular circumstances wherein it could not "experiment" with its abolition. Whereas in 2015, it called for abolition of the death penalty for ordinary crimes, yet recommended it for terrorism related offences and waging war. There are other differing views too, while few argue that "death penalty can never be administred fairly or rationally"-others opine that "life can only be seen to be protected if those who take it away are proportionately punished." Globally, the picture that emerges is that an unprecedented number of countries have abolished or suspended the use of the death penalty. The paper concludes that given the uncertainity and developments taking place world over, the constitutionality of the death penalty is bound to be challenged once again in near future.
Ever since time immemorial, the emphasis in Indian society has been on the individual's 'kartavya... more Ever since time immemorial, the emphasis in Indian society has been on the individual's 'kartavya', that is, performance of one's duties towards society, and the country. In modern India, the scheme of Constitution was constructed in such a manner that both rights and duties are co-relative, so much so that no right can exist without a co-relative duty. This was implicit for a period of time, however with 42 nd Amendment, fundamental duties were added and accordingly the implicit relation of rights and duties received explicit presence. The incorporation of fundamental duties in the Constitution was an attempt to balance an individual's civic 'freedoms' with his civic obligations. This paper revolves around the concept of fundamental duties and likewise their need and significance to the Indian society.
The aim of this article is threefold, firstly to document in brief the idea of Continuing Legal E... more The aim of this article is threefold, firstly to document in brief the idea of Continuing Legal Education (CLE), secondly to highlight the need for CLE programmes and thirdly to argue for the relevance of CLE within the realm of existing Indian legal education (ILE). The first half of the paper demonstrates how the system of CLE is in vogue almost throughout the world in all jurisdictions. Studies have reveled that the activities through CLE programmes have ensured higher rate of professional ethics and responsibility amongst legal professionals. Further, since legal reforms and Professor (Dr.) Neelkantha Ramakrishna Madhava Menon is popularly used as synonym, within the larger context of ILE, the second half of the paper therefore presents a tribute to the father of modern legal education and the brain behind the relevance of CLE in India.
The present paper discusses the doctrine of separation of power vis-a-vis concept of judicial rev... more The present paper discusses the doctrine of separation of power vis-a-vis concept of judicial review. Further, it discusses the inception of American doctrine of judicially manageable standards (JDMSs). In the next part, the paper will present how the Indian Supreme Court has accepted this American doctrine in various prevailing scenarios. The concept of political question has been used by our judiciary to refrain themselves in exercising jurisdiction over issues that are exclusively meant for the other two branches of the Government. An argument will be advanced through case studies, concerning the selective indulgence of Court in adjudicating upon issues where it lacked the necessary JDMSs.
With the advent of various forms of mass media and over activism on their part, and also the ever... more With the advent of various forms of mass media and over activism on their part, and also the ever increasing trend of advertisements, the celebrities are very often exploited by invasion of their privacy and misappropriation of their names. The celebrities possess privacy and personality rights along with a unique right of publicity. The right to publicity sprouted from right of privacy in the USA. UK also recognized this right of celebrities through judicial pronouncements. Many civil law nations like Germany and France have acknowledged this right through statutory enactments. Disappointingly, India is lagging far behind in recognition of this right of celebrities, despite having plethora of celebrities, whose names and likeness are been misappropriated every now and then. Though the trademark and copyright laws can be relied upon to protect celebrity rights to some extent, these laws have their own shortcomings in protecting publicity rights completely. This article attempts to point out all the variety of rights celebrities possess, and the legal means to protect them. The trademark, copyright and tort of passing off along with the lacunae in them, have been engrossed in the relevant context. The paper finally highlights on the judicial trend of considering publicity rights in India, along with some suggestions in its way ahead.
Sovereignty is a concept claiming an ultimate and absolute control and authority over a certain a... more Sovereignty is a concept claiming an ultimate and absolute control and authority over a certain area termed as territory, which has some societies formed by certain group of people accepting the existence of a certain superior sovereign. The concept of sovereignty has been discussed throughout history, from the time of the Romans through to the present evolved world. It has changed in its definition, concept, and application, its purpose throughout, especially now with the coming of globalised world, a concept of globalization has forced to rethink on the concept, application its definition and purpose of sovereignty. It was in early times believed that a state is sovereign if it guarantees the best interest of its citizens protected, meaning not under the control of any foreign or alien power in the sense that if it’s not sovereign it’s not functioning well and not a perfect recognized society, as such society would be lacking to safeguard the interest of the its citizens. Over a period of time this concept and practice have seen some tremendous amount of change.
The Supreme Court of India, since its constitutional inception, dramatically expanded its role in... more The Supreme Court of India, since its constitutional inception, dramatically expanded its role in the realm of rights and governance. Some believe, that through its activism and assertiveness, it has emerged as arguably the most powerful court among democratic polities. Having said this, there appears reasonable suspicion towards it's intent. The paper reflects how its role in the realm of advancement of rights and governance has been quite selective. This selective activism and assertiveness has caused much injustice to the plights of women in India. The unique intellectual capacity of the apex court has misunderstood the humane demands of social inclusion.
Prison Privatization: Exploring Possibilities in India, 2017
Prisons are an indispensable and integral component of the criminal justice system of any country... more Prisons are an indispensable and integral component of the criminal justice system of any country. A prison, also known as a correctional facility, jail, penitentiary, detention center, or remand center, is a facility in which inmates are forcibly confined and denied a variety of freedoms under the authority of the state. Prisons have been in existence since the advent of organized society. According to historians, the Romans were among the first to use prisons as a form of punishment, rather than simply for detention. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until they are brought to trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. The use of prisons can be traced back to the rise of the state as a form of social organization. Corresponding with the advent of the state was the development of written language, which enabled the creation of formalized legal codes as official guidelines for society.
In India, despite many prison reforms made since independence, prisons still face problems like overcrowding, drug abuse inside prison premises, custodial violence, and inadequate security. The state can handle these problems by making huge financial investments and the large-scale employment of human resources. But this in turn will place an enormous burden on the economy and human resources. One possible way to decrease this burden on the economy is to embrace the idea of prison privatization as has already been done in many countries.
POLICING DURING PUBLIC HEALTH EMERGENCIES: EXAMINING PREPAREDNESS DURING COVID-19 CRISIS, 2021
The ongoing pandemic experience has not only exposed some key obstacles for law enforcement agenc... more The ongoing pandemic experience has not only exposed some key obstacles for law enforcement agencies, viz. communication, resource management, the enforcement of public health restrictions and changes to crime and service patterns, but also brought to the fore the ad-hoc and reactive responses from law enforcing authorities. For example, in the absence of proper national policing pandemic guidelines, there were instances wherein officers have used force. Such use of illegal measures for enforcing compliance, expose lack of preparedness of forces to tackle public health emergencies. Perhaps, one possible reason for such behaviour appears to be the continuous persistence on impartation of hard skills such as weapon use, combat skills, parades, crowd control drills and other physical competencies. As a result, development of soft skills like mob management, communication and coordination, negotiation, and conflict resolution, receive scant attention. Achieving compliance in any unforeseen and unprecedented circumstance is an important test of every police officer's skills. It is also an essential element of effective governance. In this regard, the present paper argues against deliberate vagueness and calls for greater police accountability. Also, in cases of public health emergencies the need to institute and enforce constitutional safeguards against extensive administrative powers must receive the judicious attention of the institutions in the echelons of power. Further, public health emergencies demand collaboration between law enforcement agencies and public health institutions. The paper suggests that optimal utilization of resources at various levels and greater sensitization of the personnel will enable the restoration of confidence levels of the people in the institutions.
Methodology refers to the way we approach a problem to obtain its solution which may also mean th... more Methodology refers to the way we approach a problem to obtain its solution which may also mean the way we conduct the research. A successful legal research will start with the understanding that research is a process.Diierent kinds of research or researches done under diierent disciplines are bound to use diierent methodolo-gies, yet the basic approach towards research remains the same. The approach adopted in the research has deep impact upon the ndings and the solutions ooered by the research.In an attempt to bring various perspectives, dimensions, and applications of research in law together, the present volume 'Legal Research and Methodology (Perspectives, Process and Practice)' divides the subject into three parts viz. Perspectives on Legal Research, Process of Research, and Research Methodology: Practical Applications. The text is compiled in a sequence so that it meets the requirements of students, researchers and practitioners alike who often have highly varying degree of research experience and expertise. In its twenty nine chapters the book covers an extensive range of issues which make it a distinctive contribution in the eld of law and research in law. The purpose of the book is to present contributions which show the realistic picture of the nuances of legal research. A lot has been written on the subject in past, however, collection of thoughts on various perspectives in addition to the general aspects of methodology was missing. The third part of the book gives prominence to the practical aspects of the diierent dimensions of the research methodology. The division of the book in the three parts serves a clear purpose of guiding any researcher through his or her research viz. explaining the perspective and approach to be adopted, research process to be followed and nally presenting the work in the form of writing the research outcomes. The present book promises to fullll the demand for a comprehensive work on legal research methodology adopting an interdisciplinary perspective to be used by students of post-graduation, research scholars, teachers as well as practitioners.
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Papers by prakash sharma
involving states, international institutions, and civil society. Over
the years, UNHCR is seen prioritizing engagement with private
actors to create, and at the same time, participate in sustainable
alternatives to state-led humanitarian dependency. These
engagements involve multiple roles including sharing
information, raising awareness, lobbying and advocating,
connecting, incentivizing, etc. Because of such engagements, there
are greater possibilities for refugees to have access to training,
mentorship, microcredit, and better livelihoods. The paper argues
that such innovative effort has the potential to empower refugees
rather than treat them as a burden to the host communities. The
paper concludes that the time has come wherein the States’ must
embrace the role of private actors to fundamentally transform the
existing State-led emergency response. However, this would require
developing global standards for collecting, sharing, and strong date
under the careful oversight of UNHCR to ensure that no compromise
is made to the core protection standards.
jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine’s statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.
involving states, international institutions, and civil society. Over
the years, UNHCR is seen prioritizing engagement with private
actors to create, and at the same time, participate in sustainable
alternatives to state-led humanitarian dependency. These
engagements involve multiple roles including sharing
information, raising awareness, lobbying and advocating,
connecting, incentivizing, etc. Because of such engagements, there
are greater possibilities for refugees to have access to training,
mentorship, microcredit, and better livelihoods. The paper argues
that such innovative effort has the potential to empower refugees
rather than treat them as a burden to the host communities. The
paper concludes that the time has come wherein the States’ must
embrace the role of private actors to fundamentally transform the
existing State-led emergency response. However, this would require
developing global standards for collecting, sharing, and strong date
under the careful oversight of UNHCR to ensure that no compromise
is made to the core protection standards.
jurisdiction over war crimes committed in the Palestinian territories. The ruling was delivered by a pre-trial chamber of three ICC judges. This ruling was a result of the Palestinian Authority gaining formal membership of ICC in 2015, and the fact that the Palestine Authority had referred the situation to the court. According to the ruling, it is not only Israelis and the Israel Defence Forces who could be potentially prosecuted for war crimes, but also Palestinians and groups like Hamas, that have been accused of targeting Palestinian civilians, including using them as human shields. Israel, which is not a member of the ICC, maintained that the court has no jurisdiction over the area in question. However, the court ruled that its jurisdiction do extend to the West Bank, Gaza and East Jerusalem. At the same time, the ruling clarified that the decision does not imply any attempt to determine Palestinian statehood. It is in this backdrop, an attempt is made to first, appraise the role of ICC in closing the gap of accountability for international crimes, and secondly, grapple with the perennial and thorny issue of Palestine’s statehood and in this backdrop to offer some of the reflections on the nature of the international law and the influence of world politics on it. The paper concludes that the decision is pragmatic, historic and futuristic.
In India, despite many prison reforms made since independence, prisons still face problems like overcrowding, drug abuse inside prison premises, custodial violence, and inadequate security. The state can handle these problems by making huge financial investments and the large-scale employment of human resources. But this in turn will place an enormous burden on the economy and human resources. One possible way to decrease this burden on the economy is to embrace the idea of prison privatization as has already been done in many countries.