Vol.
1 Number II
- Critical Analysis of
Corporate Governance : Worldwide
Dr.
C. P. Gupta
The
expanding reach of computers and the internet has made it easier for people to
keep in touch across long distances and collaborate for purposes related to
business, education and culture among others. However, the means that enable
the free flow of information across borders also give rise to a worryingly high
incidence of irresponsible behavior. Any technology is capable of beneficial
uses as well as misuses.
- Payment of Gratuity Act, 1972 is a
boon to Teachers working in Private Educational Institutions’ - An
Analysis
A.
Nirmal Singh Heera
THE
PAYMENT OF GRATUITY ACT, 1972 (ACT NO. 39 OF 1972) is an Act to provide for a
Scheme for the payment of gratuity to employees engaged in factories, mines,
oilfields, plantations, ports, railway companies, shops or other establishments
and for matters connected therewith or incidental thereto – in Ahmedabad
Pvt. Primary Teachers' Association vs. Administrative Officer and Ors.
the Hon’ble Apex Court held that
“teachers are not covered in the definition of 'employee' in Section 2(e) of the Act of 1972
as such they were not entitled to gratuity – Hence amendment made in the Act of
1972 to include Teachers in the
definition of employee – In this article, the author is going to analyse
whether teachers working in private educational institution are entitled to
payment of gratuity or not.
- Trans Pacific Partnership
Agreement- IP Chapter and India’s Leverage
Rohit Rohilla
The
Trans Pacific Partnership Agreement (TPPA) is being negotiated in utter secrecy
between 12 countries. It has become a US conceived agreement. The most critical
chapter of TPPA is the chapter relating to IPR. This paper highlights the key
provisions of IPR chapter of TPPA by comparing them with TRIPS provisions. The
paper has a special emphasis on the advantages that India is having and how it
can utilize those advantages for participating in TPPA negotiations and
changing things around.
- Constitutional Provisions and Environment Protection in
India : A Legal Insight
Atrayee De & Vedant Madhok
Our constitution is not an inert but has
grown and evolved over the years. In the Indian scenario, environment
protection, has not only been raised to the status of fundamental law of the
land, but it has also been webbed with human rights approach and is now
considered as a well-established fact that it is the basic human right of every
individual, to live in a pollution free environment with complete human
dignity. The preamble to our constitution provides
for a socialist society which promotes environmental protection.
- Ten Judgments that Adjudged the Vices of India (Book Review)
Shubham Raj
10 Judgments
That Changed India (2013). By Zia
Mody, Penguin Books India Pvt. Ltd., 11 Community Centre, Panchsheel
park, New Delhi 110 017, India. Pp. xvi + 240. Price Rs. 399/-
The book under review, 10
Judgments- That Changed India, as the name suggests, is an anthology of the ten
very selected constitutional judgments backed by and supported with several
other decrees given by the court at the apogee of courts- the Supreme Court of
India, making the book a compendium of one of a kind in itself.
- Redeeming Humanity in Prisons:
International Board to Supreme Court’s Creativity
Meghna Kashyap & Muktesh Swamy
In
India a trip to the police station is considered as entering the gateways of
hell. Getting arrested means every unimaginable consequence suddenly becomes
plausible. For persons behind the bars, Themis’s sword become blunt, her scales
no longer balanced and her blindfold covers all her senses. This isn’t an
exaggeration of circumstances that persists rather unfortunately, this is a
true scene behind the criminal legal system in India, where there is a huge
difference between what is printed in black and white and what is living in the
society. This article tells the story of such deaths, torture and inhuman
treatment committed on people accused of criminal acts and several tools which
have been devised to maintain human dignity and rights.
- Access to Justice- A Boon and Its Barriers
Parul Sharma
The
veracity behind the cliché Justice Delayed is Justice Denied has a
standing even in present times when although various measures have been evolved
to rectify the issue at hand, something still remains amiss. When we talk of
justice in the broader sense, we have to bear in mind the definition given in
Justinian’s Corpus Juris Civilis which states that “Justice is constant and perpetual will to render to everyone that to
which he is entitled.” Thus, the rights guaranteed to persons are inherent
in the very notion of justice. Given that justice is defined in terms of
rights, the access to justice, if most simply put, it would include the ability
of any person to approach the appropriate authority and effectively claim the
enforcement of rights.
- A Breath of
Fresh Air for Serious Fraud Investigation Office? – A Critique of
Provisions under Companies Act
Pranav Khatavkar
Established by a Government of
India resolution dated 2nd July 2003, the Serious Fraud
Investigation Office has surely come a long way. The organisation has
investigated some of the most important and high profile scams that have rocked
the nation. This paper can be called a primer on the SFIO as it not only speaks
on the law applicable as the title suggests, but also provides inputs on as
what is the SFIO and why was it incorporated in the first place.
- Transcending previous boundaries in South Asia: A multi- collaborative
approach
Aishwarya Dhakarey
Co-operation
is the fulcrum of South Asian community, that one factor which integrates and
creates a balance of power among the member countries. The paper is a research
reflection on the existing and potential socio-economic areas in which
sub-regional cooperation can be worked out successfully in order to promote
regional stability and peaceful co-existence in the South Asian region.
Transport, Trade, Energy and Information & Communication Technology are few
areas wherein co-operation exists already but needs to be further augmented.
- Relevance and enforceability of
Pre- Incorporation Contracts of a Company
Ishan Shivakumar
According
to Indian laws, “company” means a company incorporated and registered in
accordance with law. In other words, it is only after a company has been duly
“registered” that it is recognized as a company in Indian law. Therefore, prior
to the formal incorporation of the company, the “association of persons” is not
considered to be a separate legal entity. Prior to the incorporation of the
company, there is a need to promote the functioning of the company. Promoters
will be obligated to make adequate arrangements in order to ensure the smooth
beginnings of the company.
- Clinical Legal Education and Providing
of Free Legal Aid in Educational Institution: A Socio-legal Study
The vision of legal education is to provide justice oriented education
essential to the realization of values enshrined in the Constitution of India.
The purpose of the Preamble to the
Constitution of India is to secure to all its citizens social, economic and
political justice; liberty of thought, expression, belief, faith and worship;
equality of status and of opportunity, and to promote among them all fraternity
so as to secure the dignity of the individual and the unity and integrity of
the Nation.
- Intellectual Property and sports
Swatilekha
Chakraborty
According
to WIPO, “Intellectual Property refers to creations of the mind; inventions,
literary and artistic works, and symbols, names, images and designs used in
commerce.” The global intellectual property apparatus has been designed to
ensure a creator’s monopoly on the use or sale of his/her invention. The
inventor could be a writer, a musician, a scientist or as in this case, a
sportsman, inventing a new move or a method concerning his respective sport.
- Enforcement
of International Humanitarian Law and it’s challenges
Aman Tolwani
Article
1 of the Geneva Conventions provides that States parties undertake to “ensure
respect for the present Convention”. The same provision is repeated in
Additional Protocol I in relation to respect for the provisions of that
Protocol. It further provides that in the event of serious violations of the
Protocol, States parties undertake to act, jointly or individually, in
cooperation with the United Nations and in conformity with the Charter of the
United Nations. A similar provision is included in the Second Protocol to the
Hague Convention for the Protection of Cultural Property.
- Sexual
Harassment of Women at Workplaces
Shriya Badgaiyan & Arnab Chakraborty
Sexual
harassment is bullying or coercion
of a sexual nature, or the unwelcome or inappropriate promise of rewards in
exchange for sexual favors. In most modern legal contexts, sexual harassment is
illegal."It is unlawful to harass a person (an applicant or employee)
because of that person's sex." Harassment can include "sexual
harassment" or unwelcome sexual advances, requests for sexual favors, and
other verbal or physical harassment of a sexual nature. The legal definition of
sexual harassment differs by jurisdiction. Sexual harassment is subject to a directive in the European Union.
- Public
Kissing as a Form of Protest
Yagya Srivastava & Palak
Singh
This
paper analyses the position of the laws related to obscenity in India. The
focus is on the ‘kiss of love’ campaign. Any decision of the court on the
matter shall have far reaching effects and not be limited to the act of kissing
alone. There has been a long standing debate on the legality of PDA(public
display of affection), whether it is a legitimate manner of the exercise of
freedom of expression or whether it falls under the category of reasonable
restrictions. The matter is sub-judice
before the Kerala High Court. Obscenity is a term, subjective in nature. It is
subjective with respect to the people as well as the era of the commission of
the act. This paper therefore seeks to analyse the legality of the act of
kissing and also brings to light the various factors or settled principles
which the court shall have to refer to before arriving at a conclusion. The
paper has been divided in three parts. The first part gives a brief
introduction about the circumstances which led to the campaign. The second part
deals with the present obscenity law, the third one with the sudden
transformation in the method used to determine public obscenity and finally the
fourth part reflects on the other relevant aspects related to the topic.
- Issue:
Right to Equality in India vis-à-vis Reservations in Favour of Backward
Classes
Akriti Shikha
The Constitution guarantees equality to all citizens and
establishes a rule of nondiscrimination by the state in any manner. The concept
of equality like law, evolves over time. It evolves progressively into new
patterns and expands itself to new dimensions. What may have been considered
“equal” at the time of framing the Constitution of India may be considered
unjust now. Reservation in today’s world should purely be based on economic
conditions of individuals. In the current scenario, the kind of reservation
policy our government follows does nothing but divides the society. The need is
to provide aid to those who have minimal resources. However, the theme of reservations has come
up importantly in open debates constantly since the recommendations of the
Mandal Commission Report were sought to be implemented in 1991. This paper
looks at some of the more important chronological, constitutional and lawful
moments in the development of a reservations procedure in India.
- Human
Rights of Prisoners the forgotten Women: Female Prisoners- The reality and
desired improvement
Harshita Agarwal
& Niyati Saxena
The theme of the paper that the authors have selected
conceptualises under the domain of Human Rights of Women Prisoners. The
objective behind this paper is to consolidate sound information on women
prisoners along with the hardships undergone by them & more importantly
providing practical suggestions for rectifying the same.
- Prostitution:
The Red Light Area of Law
Shipra Sinha &
Shiva Kumar
The
oldest, the richest yet the filthiest considered profession of today’s era is
prostitution. When it began, where it began are the questions that have no answer
intact to them. It has been there since time immemorial, so what do we call it,
a custom or a mere practice, a tradition or just entertainment. The Indian
mythology mentions prostitution as a part of it. In Indian literature, the
first mentioning of ‘prostitution’ is found in the first Veda, i.e., “Rig
Veda”. Prostitutes were also common during the times of Panadavas and the
Kauravas. Kautilya’s famous book “Arthashastra” contains rules for prostitutes.
In India, Prostitution per se is not illegal as there is no law that mentions
or directs prostitution to be illegal.
- Types
of suits and claims under Motor Vehicles Act
Yash Lahoty
India
had its first motor vehicles act long back in 1914 that is more than a century
ago. The act has been amended a lot of times and even replaced by a more
efficient act when required. The Indian Motor Vehicles Act, 1914 was replaced
by the motor Vehicles Act, 1939. There were several amendments due to regular
changes in automobile sector, it is, therefore, necessary to enact a more
wide-ranging and efficient legislation. Right now the act in force is Motor
Vehicles Act, 1988. It has been amended in the year 1994 then in the year 2000
and some major changes were made in the year 2001. The paper further deals
about the types of claims and suits under the Motor Vehicles Act.
- To
see or not to see: India’s
unsettled relation with ‘porn’
Ashit srivastava
The
circumstances around obscenity have never been so kinetic in our country in
last century or so that it has been in the recent years. The ravelling question
regarding porn or pornography has been whether to ban it from public access or
scrutinize its content before reaching the public access. Well this point has
been a matter of discussion which most people have hesitated to parley. But in
my view it is and will always be a question of extent, such as to what extent
the government can control the medium of entertainment or to what extent a
state can interfere in an individual privacy. Well of course we can’t ponder
that a feeble ban on certain website will mitigate one’s love for porn. It is
like catching a drop of an ocean as there are still hundreds of pornographic
website which can be easily logged on to.
All readers who
are willing to have this Volume in Print form may contact to the Editor- Dr.
Raj Kumar-09466602200