HIMALAYAN GARHWAL UNIVERSITY LL.M. 2 YEAR (FOUR SEMESTER) COURSE (w.e4. : 2018 - 19 Session) sc 101 The Syllabus of LL.M. 3 Year (Four Semester) Course shall be applicable in alll Affiliated Colleges and Legal Study Center (Self- Financed) of Himalayan Garhwal University, Uttarakhand. SEMESTER - |: (Total : 300 Marks) Paper Code Title of the Paper Max. Marks LLMA101 Constitutional Law-I 400 LLM102 Legal Theory-I 100 LLM103 Research Meihodology 700 SEMESTER — Il: (Total : 300 Marks} [ Paper Code Title of the Paper I Max. Marks | LLM201 Constitutional Law-II__| 100 LLM202 Legal Theory-II 100 | LLM203, Law and Social Change 100 SEMESTER - Ill: (Total ; 200 Marks) Specialization: Labour Law [Selective] [ Paper Code Title of the Paper Max. Marks LLM301 Law relating to Industrial Relation 400 LLM302 Law relating to Labour 100 Welfare SEMESTER ~ IV: (Total : 200 Marks) ‘Specialization: Labour Law [Selective] Paper Code Title of the Paper Max. Marks LLM401 Law relating to Industrial L Injuries and Social Security | 400 | LLM402 Law relating to Service 100 RegulationSEMESTER - Ill: (Total : 200 Marks! Specialization: Criminal Law [Selective] Paper Code Title of the Paper Max. Marks LLM303 Crime and Administration of Criminal Justice 100 LLM304 Penology and Treatment 100 of Offenders SEMESTER -~IV: (Total : 200 Marks) Specialization: Criminal Law [Selective] Paper Code Title of the Paper Max. Marks LLM403, Privileged Class Deviance 100 LLM404 [Law and Organized Crime 100 SEMESTER - Ill: (Total : 200 Marks} Specialization: Human Rights [Selective] Paper Code Title of the Paper Max. Marks LLM305 juman Rights i 100 LLM306 Paes Rights and Indian 100 egal SystemSEMESTER ~ IV: (Total : 200 Marks’ Specialization: Human Ri: hts [Selective] Paper Code Title of the Paper Max. Marks LLM405 International Refugee Law and Humanitarian Law 100 LLM406 Science technology and 100 Human rights SEMESTER - Ill: (Total : 200 Marks Specialization: Intellectual Property Rights [Selective] Paper Code Title of the Paper Max. Marks LLM307 Intellectual Property Rights (Paper I) 100 LLM308 Intellectual Property 100 Rights (Paper I) SEMESTER (Total : 200 Marks) ‘Specialization: intellectual Property Rights [Selective] Paper Code Title of the Paper Max. Marks LLM407 Intellectual Property Rights (Paper II!) 100 LLM408 Intellectual Property 100 Rights (Paper IV)LL. M. Programme Course Outline SEMESTER! Paper - I: LEGAL THEORY - | Nature of Jurisprudence Meaning of Law Natural Law Theories Classical Positivism - Austin - Bentham - HLAHart Pure Theory of Law Analytical School of Law Sociological School of Law American Realism Scandinavian Realism 0. Historical and Anthropological Jurisprudence Savigny - Maine - Grotius - Kent Marxist Theories of Law and State 11.Feminist Jurisprudence 12. Postmodernist Jurisprudence sone BOONAD Suggested Reading 1. Lloyd's Introduction to Jurisprudence [Chapters 2, 11, 12, 113] 2. DiasJurisprudence 3. VD MahajanJurisprudence [Chapters 1, 3, 4, 5, 6, 7, 8, 9, 10] 4. BodenheimerJurisprudence [Natural Law] 5. Wayne MorrisonJurisprudence 6. HL AHartConcept of Law 7. Julius StoneSocial Dimension of Law 8. W FriedmanLaw in the Changing Society 9. CK AllenLaw in the making 10. Books on Constitutional Law in India and Constitutional Jurisprudence Paper - ll: CONSTITUTIONAL LAW - I 1. Preamble - Importance and amenability 2. Fundamental Rights - Concept - Nature - Necessity and justification - Fundamental Rights under Indian Constitution 3. Definition of State - Other authorities ~ “Abpli instrumentality i (én of, plisgem generis- aotof Govt - Pvt. Corporations - Is Judiciary a State ? 4. Enforceability of Fundamental Rights - Judicial Review - Distinctions between pre and post Constitutional laws - Doctrine of eclipse - Doctrine of Sever ability - Doctrine of waiver 5. Test for infringement of Fundamental Rights - Definition of Law - Amendment of law ? Concept of Basic Structure - From Sankariprasad to Raman Rao 6. Right to equality - Equality before law and equal protection of laws — Reasonable classification - Absence of arbitrariness - From Ramakrishna Dalmia to Maneka Gandhi and thereafter - Prohibition against discrimination - Equality of opportunity in Public employement - Concept of protective discrimination - From Champakam Dorairajan to Indra Sawhney and thereafter - Prohibition of untouchability - Protection of Civil Rights Act, 1995. 7. Right to Freedom - Freedom of Speech and expression and its ‘Territorial Extent ~ Right to Information - Right to silence - Freedom of Press - Implications of Commercial Advertisements - reasonable restrictions - Freedom to assemble peacefully - to form association - to move freely throughout the territory of India - to reside and settle in any part of India - to practice any profession or occupation, trade or business — reasonable restrictions. 8. Freedom of the Person - Right of the accused - ex post facto laws - Double jeopardy — right against self Incrimination - right to life and liberty - scope and contents - from A K Gopalan to Maneka Gandhi - Impact of Maneka Gandhi's case on prisoners’ right, criminal justice, Death sentence, Environmental protection, Right to Education, Right to health and Emerging trends in Compensatory jurisprudence - protection against arrest and detention - Constitutional validity of Preventive Detention Laws in India - Judicial review of preventive detention laws. 9. Right against exploitation - trafficking in human beings - forced labour - child ‘employment irom Peoples'Unionfor Democratic Rights to MCMehta. 10. Freedom of Religion - Concept of Religion - Freedom of Conscience and right to profess, practice and propagate religion - freedom to manage religious affairs - freedom from payment of tax for promotion of religion - restriction on religious instructions in certain educational institutions - Right of Minorities - Right to conserve language, script of culture Admission to educational institutions - Minorities right to establish educational Institutions -From in Re Kerala Education Bill to T M A Pai Foundation and trends thereafter. 11. Right to Property - Constitutional policy before and after the Forty fourth ‘Amendment 12.Right to Constitutional Remedies - Features of Writ Jurisdiction under Art. 32 Concept of locus standi - Dynamic approach of Supreme Court on Public Interest Litigation — Judicial Activism - Comparison between Art. 32 and 226. 13.Restriction, Abrogation and Suspension of Fundamental Rights - Articles 32 (4), 33 and 34 -suspension of Fundamental Rights during Emergency Art. 19 and the Power of President to suspend the enforcement of rights conferred under Part - lil - Relevance of 42nd and 44th Constitutional Amendment Acts. 14.Directive Principles of State Policy - Nature, “content and justiciability - Inter relationship between Fundamental Rights ae oy FroxyahatppakamDorirajan to Mohini Jain and thereafter - Transition of DPSP into Fundamental rights by judicial interpretation Fundamental Rights and Fundamental duties. Suggested Reading 4. P. Ishwara Bhat Inter-relationship between Fundamental Rights 2. MP Jain Indian Constitutional Law 3. HM Seervai Constitutional Law of India 4. VN Shukla Constitution of India 5. DD Basu Shorter Constitution of India 6. B Sivarao Constitutional Assembly Debates 7. J.VR Krishna lyer Fundamental Rights and Directive Principles 8. Paras Diwan Human Rights and the Lew 9. PK Tripathi Some Insight into Fundamental Rights Fundamental Rights and Amendment to the 10.S P Sathe Constitution 41.PB Gajendragadkar —_—_Law, Liberty and Social Justice 12. David Karrys Politics of Law Paper -lll: RESEARCH METHODOLOGY Social Science Research Methods 1. Concept of Reflective thinking: Scientific method and Research 2. Research problem - Origin, selection and definition 3. Hypothesis - Problems of formulation, types and characteristics of usable hypothesis 4. Basic methods of research - Experimental, Descriptive, historical and Sociological 5. Technique of Research Observation, Questionnaire, interview survey and sampling 6. Analysis of data [including basic principles of statistics] 7. Report writing 8. Internet material: Its use in research Current Trends in Legal Legel Research Technique Doctrinal and non-doctrinal, suggested Readings: Research and Ideas broad style and limited style etc. Suggested Reading 1. Good W and Hatte PL Methods in Social Research WA 2. Whitney EL Elements of Research co. 3. Young PV Scientific Social Surveys and ReSéarch ens4. Indian Lew Institute 5. Dhavan R 6. Gopal MH 7. MoserC A 8. Miller D 9. Jain SN Legal Research and Methodology The Supreme Court of India Research Procedure in Social Science Survey Methods in Social Investigation Handbook of Research Design and Social Measurement and Methodology Legal ResearchSEMESTER II Paper - I: LEGAL THEORY - II Introduction to Precedents Use of Precedent in U K, French and the American Legal System Hierarchy of Courts and the principles that govern the application of the doctrine or precedent among the different courts in India. Art. 141, 151, 145 of the Constitution 4, Ratio Decidendi and Obiter dicta a. Definition b. Determination of Tests Wambaugh's tests Dr. Goodhart's test Lord Halsbury's tests. Ratio decidendi as an indeterminatefillusory category: American Realist Julius Stone c. Weight and authority of precedent [overruling distinguishing] per in curium not followed. 5. Precedent and problems Certainty retroactivity and prospective overruling Judicial restraint v Judicial Activism Plurality of opinions A.case of single and anonymous opinion Precedent value of Advisory opinion f. Judicial reasoning 6. Introductory, constitutional background, Nature of Legislative powers under the Indian Constitution as distinguished from U. K. and American legal systems 7. Forms of Legislation: Statutes, Ordinances: Delegated Legislation; forms, executive Statutory corporations and companies and association and their ‘control mechanisms: critique of Ordinance making power under the Indian Constitution. 8. Parliamentary practice and procedure relating to legisiation [excluding parliamentary privileges and immunities] 9. Approach to the Interpretation of statutes. eRe waoge Suggested Reading 1. DhavanR Supreme Court of India 2. Cross R Precedent in English Law Legal system and Lawyer's Reading [Chapters 6, 7 3. Stone Julius and 8] 4. Seervai HM Constitution of India [Chapter on Union Judiciary] Law in the Making [Chapter on subordinate and 5. Allen CK Automatic NU legislation] gaze, XT 6. Dickerson R Interpretation and applicatjon of Statutes7.Mukherjee A R Parliamentary Procedure in India [Chapter entitied ‘Legislation’ and ‘Committees'] 8.Benjamin N Cardozo The Nature of the Judicial Process Introduction to jurisprudence [chapter on ‘Judicial 9.Lloyd D Process’) 10.Harris J W Legal philosophies [Chapter 13 & 15] 14.Kaul MN &Shakdher Procedure and Practices of Parliament 12.Dias Jurisprudence 15, W FriedmannLegal Theory 13. GW Paton A text Book of Jurisprudence Jurisprudence - The Philosophy and Method of the 14. Bodenhemer Law 15.Salmond Jurisprudence 16.W Ivor Jennings Modem Theories of Law 17.AG Guest Oxford Essays in Jurisprudence 18 Julius Stone Social Dimension of Law and Justice 19. Julius Stone Human Law and Human Justice 20.Julius Stone Legal System and Lawyers Reasoning 21.G S Sharma Essays in Indian Jurisprudence The 22.HL A Hart Concept of Law 1986 23.Rosco Pound Law, Liberty and Morality 1963 24, Rosco Pound Law and Morals 25. Walter Wheder Fundamental Legal Conceptions cook 1966. 26.L Fuller The Law in the Quest of itself 27.Hugh Collins Marxism and Law 28. Patric Devin Enforcement of Morals Paper -II: CONSTITUTION LAW - II 1. Principles of Parliamentary and Presidential forms of Govt - Parliament in UK and Congress in USA 2. Nature of the Executive power - Impeachment process - Mercy power — Ordinance making power 3. Composition of Houses of legislature - Disqualifications of members — Legislative privileges Parliamentary procedures. 4. Jurisdiction of the Supreme Court and High Courts - Judicial self-restraint and judicial Activism-Limits on Judicial review - Appointment of Judges - control of Subordinate judiciary 5. Doctrine of Pleasure - Constitutional exceptions and judicial implications 6. The concept of Federalism - Necessity and Justification of Federal Govt. - Features of Federalism 7. Legislative relations under the Indian Constitution - Doctrines in legislative relations - Centre's control over State Legislatures 8. Administrative Relations between Union and States, Federal features and credit clause - Centre State and inter-State confgeneoggrent =9. Restrictions on the power of State Legislatures on fiscal powers - Residuary taxes - Distribution of revenues between the Centre and State - Doctrine of immunities of instrumentalities - Role of Finance Commission. 10. Power of Judicial review Centre - State and Inter-State conflicts 11. Freedom of trade and Commerce-Exceptions - Importance of Federal Structure 12. Types of Emergencies and their impact on Federal structure. Suggested Readings 4. KC Wheare Federal Govemment 2. MP Jain Indian Constitutional Law 3. HM Seervai Constitutional Law 4, Frederick and Barn Studies in Federalism Shorter Constitution of 5.D D Basu India 6. MC Saxena Dynamics of Federalism 7. Ivor Jennings Cabinet and Constitution 8. AV Dicey Law and Constitution Paper -IIl: LAW AND SOCIAL CHANGE |. Theoretical 1. Conceptions of Society 2. Social Integration - Social mobility - social control - Compliance and deviance Theories of Social Change Theories of Social Change in India - Westernization - Sanskritization - Islamization 5. Conceptions of Law and Legal System [Normative - cultural and social] 6. Plurality and multiplicity of social control systems 7. Social functions of law relative to social integration and change 8. 9 1 me Notion of legal impact and effectiveness Symbolic and instrumental uses of law |}0.Problems in the study of impact and effectiveness ll. Comparative Perspectives Legal system and social change 1. Correlation between law and social change 2. Legal evolution and social complexity [Maine-Savigny-Durkheim] 3. Legalism and capitalism [Karl Marx and Max Weber] 4. Lawand Development [Dependency theories] 5. Relevance of Marxist and Weberian analysis to problems of planned Economic development in developing societies. My Ill. Colonial Experiences - Indian Legal System and social change: 1 1. Utilitarianism - Liberalism and Law reforms [works of law eommissiai ~ , We Permanent settlements and agrarian reforms] | wn2. From Indian status to British contract [Anti disabilities law - contract law - Agrarian property i.e. Tenancy laws] 3. Constitutional developments during British rule. IV. Contemporary Experience : Indian Legal system and social change 1. Goals of planned social change through laws relating to land ceiling and tenancy reforms 2. Law and Welfare benefits to the weaker sections [Preferential treatment to the Backward Classes and Scheduled castes and tribes} 3. Public control of Economic Enterprises [Select Aspects i.e. Licenses > Price fixation and Monopolies etc] 4. Lawand Liberalization policies 5. Lawand Women empowerment Suggested Reading 1. Kuppuswamy Law and Social Change 2. Upendra Baxi Towards a Sociology of Indian Law 3. Upendra Baxi The Crisis of Indian Legal System 4. Upendra Baxi Law and Poverty: Critical Essays 5. Marc Galenter Law and Society in Modern India 6. Marc Galenter Competing inequalities 7. Freidman Law in Changing Society 8. Allan Hunt Sociological Movement in Law 9. Julius Stone Social Dimensions of Law 10. Lloyds Introduction to Jurisprudence 11. Max Weber Law and capitalism 12.Sinha Law and Social Change Social Background to Indian 13.AR Desai Constitution 14, Law and Social Change Indo American perspectives, edited by Upendra Baxi and Alice Jacob, Indian Law Institute.ae SPECIALIZATION: LABOUR LAW SEMESTER III Paper - I: LAW RELATING TO INDUSTRIAL RELATIONS History of Trade Union - Trade UnionAct, 1926 - Recognition of Trade Union - Affiliation of Unions to political parties - Multi-unionism - Policies towards: workers, participation in management - role of State - Workers participation in Management - Liberalization and Industrial relation in India. Collective bargaining - Process of Collective bargaining - Perquisites for collective bargaining - strikes/lockouts [pen-down, tool down, go slow, work to rule, stay in, sit in, picketing] - Gherao - Law relating to collective bargaining. Freedom of Association - Constitutional and legal aspects Industrial Disputes Act - Layoff - retrenchment - compulsory retirement - Voluntary retirement - superannuation Industrial Dispute Resolutions - Methods - Conciliation Officer - Board of Conciliation — Legal status of Conciliation settlements - Voluntary Arbitration - Arbitration under the Industrial Disputes Act - Compulsory Adjudication - Power of reference - Reference by Government - Industrial Tribunals - National Tribunals — Status, powers, awards — Judicial review. Suggested Reading 2 Indian Law Institute Labour Law and Labour Relations [ 1987] Dr. V G Goswami Labour and industrial Laws [2004] Ramaswami and Uma R Industry and Labour GiiVV Labour Problems in Indian Industry Political Involvement of Indian Trade Raman MP Union The Law of Industrial Disputes, Vol | OP Malhotra (1988) Dynamics of Trade Unionism in India Chetty Narayan Y Anmol Publications Pvt. Ltd., New Delhi - [2004] Paper - Il: LAW RELATING TO LABOUR WELFARE Constitution and Labour Welfare —Right to work- Bonded Labour child labour — special provision for women and children- Law relating to protection of Women in work place International conventions. Minimum Wage- Types and kinds of wage Wage determination theories of wage Payment of Wages —Bonus Dearness allowance —basic wage Other wage [HRA, CCA, MA, LTC, Leave encashment, Overtime allowances, cash imoentives, conveyance allewance] National Wage Policy Payment. of Wages Act Denial of minimum wage as Forced Labour a;3, ILO standard for labour International Convention for Labour Welfare UDHR — ICCPR, Labour and Human Rights Equality of Opportunity in employment Equal Pay for Equal Work Equal Remuneration Act Maternity Benefit Shops and Establishment Unorganized Sector and labour laws Agricultural labourer [Concept, exploitation, tribal labour in forest settlements. Plantation Labour Act, political movement, agrarian reforms] - Migrants - Sale promotions - small- scale industries - Bedi and Cigar - Construction labour - Ship breaking - Cracker Industry - Employment Guarantee scheme. Suggested Readings: 1. Mishra SN Labour and Industrial laws Central law publication Allahabad 20th Edition 2004 Law relating to Trade Unions and Unfair Trade 2. Shrivastava .K. D Practices in India, Eastern Book Company Delhi, 3fh Ed, 1993. 3. YB Singh Industrial Labour in India [Part-I] 1960 4, Report on the National Commission on Labor 1969 Social security and labour law Eastern Book 5. Shrivastava S.C. Company Lucknow, 1985 6. Pretal Joshi- ILO and its impact in India SEMESTER IV Paper - Ill: LAW RELATING TO INDUSTRIAL INUJURIES AND SOCIAL SECURITY 1 ‘Suggested Readings: Y Workmen's Compensation From Compensation to Insurance Judicial Interpretation of the express ‘arising out of and in the course of employment’ Employee State Insurance Act 1948 Fatal Accidents Act, 1857 Motor Vehicle Compensation Law Employer Liability Act 1935 Industrial safety Factories Act Environmental destruction Bhopal —Shriram gas leak Occupational Health and Industral Injuries Old age, sickness and disablement - Hazardous employment- Employers Liability - Medical Insurance - Public Liability Insurance Act 1991 Social Security Five year plan National Commission on Labour PF, Pension and Gratuity Mining worker Social Security for Unorganized Labour —Employee stock option — workers cooperatives.1. Shrivastava S.C Social security and labour law Eastern Book Company Lucknow, 1985 Commentary on the Workmen's Compensation Act 2. RN Choudhiy 1923 3. HK Saharay Industrial and Labour Laws of India 1987 4. RW Rideout Principles of Labour Law 1988. Paper - IV: LAW RELATING TO SERVICE REGULATION 1. Service Law- Recruitment Procedure- Rules Agencies —Employment Exchange 2. Conditions of Service terms Central Civil Service Rules State Civil Service Rules Pay Commission Fixation of pay and other allowances- Law Relating to Civil Servants/Rules ‘Doctrine of pleasure! 3. Contractual Employment concept Security of tenure —Employment Act { UK } 4. Misconduct and discipline of the employees major and minor misconduct File noting Confidentiality of Adverse remarks Internal appeal mechanism Inquiry procedure punishment Managerial prerogative transfer, long leave —Standing order 5. Judicial Review Central Administrative Tribunal State Administrative tribunal- Powers and Functions Appeal Provision —Writs Suggested Readings 1. Mallick Service Law 2. Ezo’s Service Law in India 3. Chabra Administrative Tribunal 5. Central Social Service Rule 6. Administration Training Tribunals Act RELATED STATUTES: Industrial Disputes Act, 1947 Trade Unions Act, 1926 Athitration and Conciliation ActJ 986 Factories Act.1948 Maternity Benefit Act, 1961 Minimum Wages Act Payment of Wages Act Migrant Labour Act . Plantation Labour Act 10. Kerala Agricultural Labour Act 41. Workmen's Compensation Act 12. Public Insurance Liability Act 13. Fatal Accidents Act 1987 OONOHAON|14. Employees Liability Act.1935, 15.Contract Labour(L &R) Act 1986 16.Mines Act 17.Payment of Gratuity Act 48.Provident Fund Act 19. Equal Remuneration Act 20.Silk Industries Company Act 21.Central Social Service Rules 22.Employment Exchange Act 23. Industrial Employment Standing Orders Act 24. Administration Training Tribunals Act 25.Unorganized Labour Bill 2002 26. Report of I&II National Commission on Labourp= SPECIALIZATION: CRIMINAL LAW SEMESTER III Paper - |: CRIME AND ADMINISTRATION OF CRIMINAL JUSTICE Crime - Causes of Crime - Concept of Criminal Jurisprudence Administration of Criminal Justice - Organizational hierarchy of criminal courts - Jurisdiction- prosecution - Police - FIR - charge sheet - withdrawal of criminal prosecution Arrest - interrogation - rights of accused - right to counsel - right to bail - Witness protection -hostile witness - Perjury. Trial Procedure - Accusatory system and the inquisitorial system - pre-trial procedure - law of evidence - Narco analysis - evidentiary value of statements / article seized - admissibility and inadmissibility of evidence - expert evidence - directions for criminal prosecution [PIL] Plea bargaining - preventive detention law - protection of public peace/order - special enactment -TADAVPOTA -Essential Services Act, Suggested Readings: Ponsa oun Background to Indian Criminal Law Tapas Kumar Banerjee [1990] . Ratan Lal Law of Criminal Procedure . Sarkar, Law of Evidence K N Chandrasekheran Pillai [ed.] RV Kelkar's Outline of Criminal Procedure [2000] Eastern Book House Law of Commission of India, forty-second Report Ch. 3 [197 4 Malimath Committee Report 2004 Patric Devlin The Criminal Prosecution in England . Sanders and Young Criminal Justice [ 1994 ] Police and Criminal Justice System in PD Sharam India Paper - I: PENOLOGY AND TREATMENT OF OFFENDERS Definition of Penology - historical and contemporary approaches to penology. Theories of punishment - Retribution - Utilitarian prevention: Deterrence - Utilitarian: Intimidation Behavioral prevention: Incapacitation - Behavioral prevention: Rehabilitation - Classical Hindu and Islamic approaches to punishment. Approaches to sentencing - Probation - parole - corrective labor - fines - bail, bond — collective fines - reparation by the offender/by the court. Juvenile Delinquency - factors - response - JJ Act 2000 - JJ Board - Welfare Boards - Constitutional aspects - Neglected and Delinquent, care and protection ‘Sentencing - types of sentences in IPC and special laws - sentencing for habitual offender, white collar crime - Pre - sentence hearing - summary punishment - Capital punishment [Constitutionality, Judicial pile po reform), ssi POY Ne lobe6. Victmology and Compensation - state of Jail reform - Classification of prisoners - Rights of prisoners - open prison Suggested Readings. 1. Mamata Rao Law Relating to Women and Children 2. GB Reddy Law Relating to Women and Children 3. K S Shukla Adolescent Offender [ 1985] 4. C Chhabra The Quantum of Punishment in Criminal Law [ 1970] 5.H. L.A Hart Punishment and Responsibility 6. A Siddique Criminology [ 1984], Eastern Lucknow Probation system in the Administration of Criminal 7. Justice N. K. Chakraborti Justice 8. Bharat B Das Victims in the Criminal Justice System SEMESTER IV Paper - Ill: PRIVILEGED CLASS DEVIANCE, 1. Privileged Class Deviance, meaning, nature and pressures - Typical forms of deviance Official Deviance [ deviance by legislators, judges, bureaucrats], Professional deviance: journalists, teachers, doctors, lawyers, engineers, architects and publishers - Conceptions of white collar crimes - Hi-tech crime - Cyber Crime - Economic Crime - Politics and Crime 2. Official Deviance: Conception - permissible limit of discretionary powers - Principles of Natural Justice Commission reports [Chagla Commission on LIC- Mundhra Affair, The Das Commission Report on Pratap Singh Kairon, The Grover Commission Report on Dev Raj Urs, Maruti Commission Report, The Ibakkar - Natarajan Commission Report on Fairfax] 3. Police Deviance - Structures of legal restraint on Police powers in India- Unconstitutionality of ‘third degree’ method and use of fatal force by police - Encounter killings - Police atrocities - Custodial violence the plea of superior orders - rape and related forms of gender based aggression - National Police Commission - Reforms 4. Professional Deviance - Unethical practices at the Bar - Medical Malpractice - ‘yellow journalism’ - the Lentin Commission Report. 5. Response of indian Legal Order to the Deviance of Privileged Classes - Vigilance Commission - Right to Information - Public Accounts Commission - Ombudsman - Commission of Enquiry - Prevention of Corruption Act - Information Technology Act. ‘Suggested Readin 1. Glanville Williams, Text Book of Criminal Law [ General part] 2. Upendra Baxi The Crisis of the Indian Legal System [ 1982] Vikas Publishing House, New Delhi 3. Upendra Baxi Law and Poverty : Essays [ 1988] Liberty and Corruption : The Antulay Case and. 4. Upendra Baxi Beyond [1989] Surendranattr aDwevedi and G S . Bhargava AR Desai [ed] AG Noorani Now 8. HS Becker 9. P R Rajgopal 10. BB Pande Political Corruption in India [ 1967] Violation of Democratic Rights in India [ 1986] Minister's Misconduct [ 1974] Outsiders : The Studies in Sociology of Deviance [ 1966) Violence and Response : A Critique of the Indian Criminal System [1988] The Nature and Dimensions of Privileged Class Deviance in The Other Side of Development 136 [ 1987; KS Shukla ed.] Paper - IV: LAW AND ORGANIZED CRIME 1. Conception - reasons for Organized Crimes - Crime Cartels - Mumbai Underworld Cartels - International Cartels - State sponsored Crimes - International Crime syndicate 2. Drug Addiction - trafficking - narcotics substances - National and International Approaches to DrugAbuse - IPC provisions - Narcotic Substances Act 1985 3. Prostitution - Causes and concerns - International responses Prevention of Immoral Activities Act - IPC - Cyber prostitution - Internationalization of flesh trade 4. Collective Violence - Naxal problems - causes and concerns- tribal rebellion - Dalit struggle - Atrocities - Telangana struggle 5. Violence against Women - Domestic violence - Workplace violence - male dominated atrocities 6. Communal violence in India, background, reasons, solutions, problems in the Legal system-role of police and operation of criminal justice system - Godhra - finding of various commission reports 7. Politically Organized Crimes - During the Cold War Period - LTTE raise to political outfit - Terrorism - challenges Suggested Readings 1. U Baxi U. Baxi 2. [ed] 3. R Desai Dissent, Development and Violence’ in R Meagher [ed] Law and Social Change: Indo American Reflection 92 [1968] Law and Poverty: Critical Essays [ 1988 ] Peasant Struggles in Incia, [ 19 feasant Struggles in In ia, [ me[ed] Agrarian Struggles in India : After Independence [ 4. R Desai 1986] 5. R Desai Violation of Democratic Rights in India [ 1986]‘SPECIALIZATION: HUMAN RIGHTS BRANCH SEMESTER III Paper - |: HUMAN RIGHTS | 4. Human Rights Concept, Nature, Origin and Development, Importance 2. International movements for protection of Human Rights - U. N. and Regional Organizations - European Commission and Courts on Human Rights 3. U.N. Declaration on Human Rights - Civil and Political Rights and Social and Economic Rights -Intemational Instruments. 4. Violence against women in Public and Private Life as human rights issue. 5. International regime of enforcement of human rights - Machinery and procedure Paper - ll: HUMAN RIGHTS II Human Rights and the Indian Legal System 1. Human Rights and the Indian Constitution - Part Ill and Part IV of the Constitution 2. Human Rights of disadvantaged groups of people like women, children, minorities etc., and the Indian statute law, in historical perspective. Human Rights and Enforcement Agencies like the Police and Excise - Prevention of abuse of rights. Human Rights and the Judiciary Human Rights and preventive laws like TADA and NDPs and POTA Act ‘The binding force of international conventions under the constitution and the approach of the Supreme Court of India. one @ SEMESTER IV Paper - il: HUMAN RIGHTS Il International Refugee law and Humanitarian law 1. Definition, origin and historical development of refugee law 2. Limitation and methods of use of force - International Instruments and institution on refugee law 3. Humanitarian law in internal armed conflict and international armed conflicts - Conventions and customary law - Geneva Conventions 1949. 4, Application and implementation of humanitarian law and refugee law - Internationally displaced persons 5. Incorporation of international norms in domestic laws and practice - Indian Military Law - Training of armed personnel - international Committee of Red Cross Society, Paper - IV: HUMAN RIGHTS IV Science, Technology and Human Rights 1. Scientific and Technological Researches - Impact on ethics, morality and Human Rights 2. Development vis-a-vis Human Rights - Conflicts, Confrontation and resolution 3. Freedom of information, Freedom for Scientific Research, Controls and Constraints re 4. Intellectual Property Rights - International Dimensions, and social rights of indigenous people. a7Role of judiciary in the dialogue among science, Technology, Human Rights and law Limitations on the right to information under Information Technology Laws - The approach of the judiciarySPECIALIZATION: INTELLECTUAL PROPERTY RIGHTS SEMESTER III Paper INTELLECTUAL PROPERTY RIGHTS | 1. International Copyright Protection a. Berne Convention for the Protection of Literacy and Artistic Works 1886 and its amendments b. Rome Convention for the Protection Procedures of Phonograms and Broadcasting Organizations 1961 c. Geneva Convention for the Protection of producers of Phonograms against Unauthorized Duplication of their Phonograms, 1971 d. Brussels Convention relating tot he Distribution of Programme - carrying signals transmitted by Satellites, 1974 2. Intemational Protection of Industrial Property Rights - Paris Convention for the Protection of Industrial Property, 1883 3. Intemational Agencies and intellectual Property a. World Intellectual Property Organization (WIPO) b. United Nations Educationel, Scientific and cultural organization c. United Nations Conference on Trade and Development 4. WIPO Copyright Treaty (20 December 1996) WIPO Performances and Phonograms Treaty (20 December 1996) 5. Convention on Biological Diversity 6. European Patent Convention, 1973 Suggested reading Trade Related Aspects of Intellectual Property 1. Michael Blakeney Rights: A concise Guide to the TRIPS Agreement Paul Torremans Intellectual Property Law 2. Comish W. R Intellectual Property Paper - ll: INTELLECTUAL PROPERTY RIGHTS I Copyrights, Trademarks, Industrial Designs and Information Technology 1. The Indian Copyright Act, 1957 . Rights of authors . Ownership in Copyright Rights conferred under copyrights : . Rights of Broadcasting organizations and of Re Assignment f._ Infringement of copyright : id 2. Trade marks T Nhe mee a. Trade Marks Registry and Register of Trade Marks b. Property in a Trade Mark and Registration and Registration of Trade Marks ePa9o9c. Deceptive Similarity d. Assignment and transmission @. Licensing of Trade Marks and Registered users f. Rectification of Register g. Infringement, Threat and Trade Libel h. Good will i. Passing off i. Offences and Penalties 3. Industrial Designs Act, 2001 a. Nature of Industrial Designs b. Subject matter of Industrial Designs c. C. Rights conferred by Designs d. Term of Designs e. Remedies for infringements 4. Information Technology Act, 2004 Salient features Suggested Readings: 1, Prabudh Ganguli Gearing up for Patents 2. Prabudh Ganguli Intellectual Property Rights 3. P. Narayanan Intellectual Property Law Wadehra B. L. Patents, Trademarks, Designs and Geological 4. Indications 5. Cornish P. Intellectual Property Law SEMESTER IV Paper - Ill: INTELLECTUAL PROPERTY RIGHTS International Protection of IPR 1. The International Trade Organization and the events leading to the creation of GATT, 1947 2. The GATT, it’s working and salient features 3. Negotiating history of the WTO, the Drunkel Draft and the Agreement stabilizing the WTO, 1994 4. Agreement on Agriculture a. Agreement on Textile and clothing b. Agreement on import licensing Procedure c. The Agreement on Safeguards d. General Agreement on Trade in Services 5. The Agreement on Trade related aspects of intellectual Property Rights - General Provisions and Basic Principles - Objectives and principles 6. Protection of Specific Intellectual Property Rights under TRIPS Copyrights and related Rights’ Trademarks Wr Geographical indications, protection plant variéties!“’ Industrial designs : Patents Layout Designs meaoceg. Undisclosed information h. Control of anti-competitive Practices in Contractual Licenses 7. Enforcement of Intellectual Property Rights a. Civil and Administrative procedures and Remedies b. Provisional Measures c. Special Requirements Related to Border measures d. Dispute Prevention and Settlement 8. Rules and procedure Governing the Settlement of Disputes 9. Role of intellectual Property in Economic Development Suggested Readings 1. M.B. Rao WTO and International Trade Trade Related aspects of Intellectual Property 2. Michael Blakeney Rights : A Concise Guide to the TRIPS Agreement Paper - IV: INTELLECTUAL PROPERTY RIGHTS 1. Intellectual Property Rights - Concepts, Definitions and institutions. 2. Protection of intellectual Property in India the Patents Act, 1970 and the Patents (Amendment) Act, 1999 The meaning of Patent How to obtain a patent Specification Opposition to Grant of Patent Register of Patents and Patent Office Rights and obligations of a patentee Transfer of Patent Rights Compulsory Licenses and Licenses of Right Revocation and surrender of patents Infringement of Patents and penalties Diversity Act - 1999 Objectives of the legislation Principles of Bio-diversity Protection of Bio-diversity as Sovereign Rights Mechanism of Monitoring bio-diversity e. Remedies for infringement 4. Protection of Plant Varieties and Farmers Rights Act, 2001 a. Objective of the legislation b. Conceptualization of Plant varieties, breeding, culture, farmers rights etc. c. Period of protection Fem-esooD Bini 3. Bi eanpso