Indian Legal Research Articles

“There Are Many Kinds of Justice”: Confessing Growing Up an Indian Legal Subject in Louise Erdrich’s 'The Round House'

This paper looks at Ojibwe writer Louise Erdrich’s National Book Award-winning The Round House as a novel that mixes and reworks genres from a Native American perspective to narrativize the “(post)colonial” (Cheyfitz) status of contemporary American Indian nations. An autobiographical story that can be read as a “postcolonial Bildungsroman” (Nayar), The Round House uses crime fiction as a pretext for writing Indian sovereignty. The legal is fully involved in the construction of the Indian colonized subject. Erdrich’s novel can be read as a confession to “a wrong thing that serves an ideal justice” (RH 306). The main character’s statement that “[t]he sentence was to endure” (RH 317) can be understood both in terms of his admitted moral guilt, and as a proclamation of “survivance” (G. Vizenor). The paper approaches the novel in light of the inseparability of U.S. federal Indian law and American Indian literature (Cheyfitz). My reading relies on Lyotard’s “différend” and on Agamben’s “state of exception” to discuss the plot and its dénouement as Erdrich’s way to wage a contemporary “Indian war” (E. Cook-Lynn).

Critical Analysis of Domestic Violence Act, 2005

Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and forms of abuse. The violence may involve physical abuse, sexual assault and threats. Sometimes its more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home. Social isolation and emotional abuse can have long-lasting effects as well as physical violence. The question raised in this article is how far the Domestic Violence Act,2005 has succeeded in fulfilling the requirements of adequately defining all forms of domestic violence and providing redressal and protection to its victims. The issue has been tackled on conceptual and practical grounds, while the aforesaid enactment is an important first step in terms of the concepts it introduces into the Indian Legal system, the viability of its implementation may be contested on certain grounds.

The Pressing Needs of Mental Health Care and Indian Legal Scenario

The Pressing Needs of Mental Health Care and Indian Legal Scenario

Right to Access to Human Reproductive Technologies under Indian Legal Framework: A Bird’s View

The need and importance of a child is recognized by almost all religions all over the world. Begetting a child is one of the most joyful moments in the life of a person. In fact, begetting a child is considered as a sacred duty of an individual towards his family and the society and this duty is fulfilled through the institution of marriage. The act of procreation is normally a natural process of sexual union between couples and requires no external interference of a third party. However, many couples are unable to beget a child due to infertility caused by various factors. Such infertility and the inability to beget a child have a severe impact on the couples and particularly woman. It affects their personal, family and social relations. Since the ancient times mankind has tried to find a solution to the problem of infertility and help such couples to beget a child.

Book review: 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

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

Science of Biopesticides and Critical Analysis of Indian Legal Frameworks Regulating Biocontrol Agents

The unsustainable application of chemical pesticides has resulted in a steady decline in food productivity worldwide. Biopesticides hold the potential to maintain agricultural productivity, while safeguarding agroecosystems and microclimates. There are three broad categories of biopesticides: microbial biopesticides, botanical biopesticides, and semiochemical biopesticides. While the development and consumption of biopesticides is at a record high in a number of places, including Canada, the USA, the EU, Australia, and Brazil, India has shown slow growth, due in part to inadequate legislation, a lack of capacity, and the weak implementation of policies related to biopesticides and biocontrol agents. Biopesticides and biocontrol agents in India are still largely regulated by legal frameworks originally designed for chemical insecticides and pesticides. As a result, manufacturers and importers of biopesticides and biocontrol agents face multiple legal and procedural challenges. This paper provides a critical analysis of Indian legal frameworks regulating biopesticides, concluding that a reform in legal apparatus is necessary to promote the uptake of these substances in the country. A shift in the legal framework from a focus on chemical substances to biological agents would also complement the country's environmental and sustainability goals.

Protection of Traditional Knowledge : Meaning and Scope in Indian Legal Perspective

Traditional Knowledge is unique form of intellectual property which is owned by the community through successive generation as part of their cultural identity. This area of IP is very prone for exploitation causing damage to the economic rights of the members of the community at large. A sui generis approach is needed for the protection of TK. The present article helps in understanding the idea and scope of Traditional Knowledge (TK), word intellectual property organisation, Traditional Knowledge Digital Library.

INDIAN LEGAL EDUCATION: GOING THE MOOC WAY

The advent of Information and Communication Technology (ICT), Internet and World Wide Web has made a revolutionary impact on the education. The ICT has opened new avenues in teaching, learning, extension etc., online education being only one of them. With the rise in global competence in expanding education through digital media, India had not remained much behind to make the best possible use of such opportunities. Many law schools in India have already started offering diploma and certificate courses online, so they can accommodate study in law school with added flexibility of time and location, and sometimes with free access to all (MOOC). The objective of this paper is to present the current status of online education imparted by legal institutes in India. Suggestions are also made for the improvement of such means. Further, the findings show that in line of IITs, IISc, and IIMs, Indian legal institutes are also moving towards online education.

Gandhiis Contribution to Indian Political and Legal System: A Critical Analysis

Gandhiis Contribution to Indian Political and Legal System: A Critical Analysis

Indian Legal Realism and Right to Health with special references to the Rights of HIV/AIDS Patients

Health is a state of complete physical, mental and social well-being. The term ‗health‘ implies more than mere absence of sickness as held by the Supreme Court. The Apex Court in India has played a decisive role in realization of the right to health by recognizing the right as a part of the fundamental right to life and issuing suitable directions to the State authorities for the discharge of their duties. The Court has recognized that maintenance of health is a most imperative constitutional goal whose realization requires interaction of many social and economic factors. Plethora of cases arising out of PILs have been filed in order to secure proper health services. Many judgments pronounced in these cases have had a profound effect as they have resulted in effective policy making and better execution of services.

Plea Bargaining- An Innovative Step For Indian Legal System

First of all I would like to tell a very famous story, which reflects the passion of justice in Indian justice system. We all have must heard the name the Mughal emperor Jahangir. He was known for his justice by everyone. He was very passionate about justice. His noble justice earned fame in history. This story is that, one day Jahangir’s beloved queen Noorjahan targeted a deer into the king’s palace apartment known as “Aahukhana”. Unfortunately the arrow hit a washer man, it was an unintentional act that the washer man received arrow stroke and died. The wife of the washer man rang the metallic bell of justice. Jahangir immediately responded to the cry for justice and called the “Fariyadi” to hear his complaint, he summoned the queen from the royal pavilion to the justice-hall as an ordinary accuse. After hearing he pronounced judgment as per law of equality-life for life. All the courtiers sitting in the justice hall perplexed. Even the Washer man’s wife looked in disbelief that Jahangir would sacrifice his most beloved for the justice. They begged for the life of the queen. Even the washer man’s wife craved for mercy. In order to meet the strict claims of justice he stood firm on his judgment until he was convinced by the jury-courtiers that there is concession in the “quranic” law that if the aggrieved party agrees, the strict claim of justice may be meted out with “Plea bargaining”. The victim’s wife happily agreed to it and the queen was relieved of the punishment after paying the bargained amount to the full satisfaction of the aggrieved.

Indian Legal Framework for Environmental Litigation and Its Implication to South Korea

Indian Legal Framework for Environmental Litigation and Its Implication to South Korea

Euthanasia: A Look at the Indian Legal System

The Indian Law considers as the most severest form of crime, the intentionally causing death of a person and prescribes even the death penalty for such a crime. Any act by which death is accelerated in respect of a person laboring under a physical disorder, disease or bodily infirmity constitutes culpable homicide, The law is not prepared to condone the act of a person resulting indeath, even though the victim by resorting to proper remedies and skillful treatment, the death might have been prevented. Even causing the death, while a person is still in the womb of the mother also treated as culpable homicide, if some part of the child is brought forth, all the exceptions to murder stated in first to fifth, do no give any immunity from punishment, but regard them as culpable homicide not amounting to murder, punishable under Section 304 of Indian PenalCode.

Development of Expert System for Consumer Cases with Specific Reference to Cheque Issues for Banking Sector

The basic aim of this research paper is to develop a knowledge based expert system with specific reference to the Consumer Protection Act within the Indian Legal System which is often in demand. In this paper we have interpreted and implemented the rules that occur in legal statues of the Consumer Protection Act. The objective of this paper is to incorporate Legal Knowledge and reasoning strategies into the automation of the legal tasks, such as tracing of Consumer Law in Consumer Protection Act, thereby resulting in productive decision making. Here we developed a method to transform rules of law as it is published in statute books into working Expert Systems prototype, for proposals of consumer protection act with respect to the Indian Judicial System. We have used here Microsoft Visual Studio 2008 for development of Expert System as front end and Microsoft Access 2010 as back end.

Medicolegal Death Investigation in India: An Overview

Every suspicious death in India is investigated, with one of the objectives being determining the manner of death. The autopsy is an integral part of the death investigation. Death investigations are accomplished in the form of inquests, which are conducted and directed by the police or, in some cases, by a magistrate. The police and the autopsy physician generally share their findings before opinions are reached, and the courts rely on autopsy physician testimony. In general, the autopsy physician opines only on the cause of death. In the Indian legal and medicolegal systems, manner of death is determined by the police. Unlike in the United States, where the certifier of death must record a manner of death on the death certificate, in India the manner of death is largely a legal (rather than medical) determination.

Indigenous Law Portal: Mapping American Indian Constitutions and Legal Materials

Indigenous Law Portal: Mapping American Indian Constitutions and Legal Materials

Defragmentation of Indian Legal Cases With Specific Reference to Consumer Protection Act Using Knowledge Based System

Defragmentation of Indian Legal Cases With Specific Reference to Consumer Protection Act Using Knowledge Based System

Emphasizing the ‘Human Rights Education’ in the Indian Legal Education Context: An Analysis

Legal Education in India is becoming more concerned about serving the demands of the market and the private corporate sector. Law students and budding lawyers are therefore being trained in such a mechanical manner that they are not being sensitized towards the field of human rights. This article seeks to emphasize on the importance of human rights training in a lawyer’s career. It discusses human right provisions in light of the Universal Declaration of Human Rights and the guidelines provided by UNESCO in the context of Human Rights in India. The authors will further explore the present scenario of legal education in India and elaborate on the importance of clinical education in Indian context. The article will further focus on the need for legal education to be contemporary and in tune with the changing society. It will conclude by stating that human rights education should be made a compulsory part of legal training.

‘Freedom’ and ‘Social Responsibility’ of Social Media: Emerging Issues in the Indian Legal System

The paper seeks to highlight the performance of social responsibility as regards the online social sites. The role of social networking sites as a replacement to the erstwhile ‘open access’ platforms of deliberations will also be addressed. This paper also analyses various laws regulating the freedom of speech and expression in this open, wide cyberspace. It advocates the need for redefining the basic concepts of ethics, morality, freedom, liberty, and responsibility, which form the basis of legal framework regulating this large contiguous cyberspace.

Festina Lente or Disguised Protectionism?: Monopoly and Competition in the Indian Legal Profession

India has come a long way since her leading lawyers pioneered independence from the British colonialism in 1947. As juxtaposed with the role of lawyers in struggle for political freedom, lawyers played a limited role in the 1991 economic reforms which initiated dismantling of Indian brand of socialism. The 1991 reforms are sometimes regarded as India’s second independence leading to economic freedom. Perhaps owing to the limited role that the lawyers played in India’s second independence, the legal profession has largely remained insulated from the process of deregulation initiated post-1991. In spite of this insularity, the impact of globalization on the Indian legal profession, nevertheless, is inevitable. Globalization portends challenges as well as opportunities for the legal profession. While India seeks accelerated economic growth to lift millions above poverty, legal institutions strive towards delivery of just, fair and efficient dispute resolution. The challenge for the legal education is to align its curriculum with the globalized world and impart relevant, skill based training to the aspirants. Concomitantly, in the era of globalization, in order to ensure legitimacy amongst the stakeholders, access to quality legal education a fortiori assumes significance. Further, a protectionist legal profession is unlikely to be in a strategic position to play an effective role in fair and effective resolution of disputes. This paper will focus upon the regulation of the Indian legal profession and its implications upon the entry of foreign law firms. The paper posits that although the Indian legal profession is ostensibly protectionist, owing to multifarious ‘push’ (external) and ‘pull’ (internal) factors, it has been taking baby steps towards liberalization i.e. entry of foreign law firms. Since the current debate on the entry of foreign law firms has unnecessarily generated more heat than light, this paper critically surveys the relevant legislations A closer scrutiny of the Advocates Act, 1961 (“Advocates Act”) – the fundamental legislation governing the Indian legal profession – indicates little regulatory barrier for the entry of foreign law firms on a reciprocal basis. Further, the paper analyzes the legislative provisions and the precedents emanating from the Supreme Court of India and the High Courts. The paper takes into account certain international instances such as that of South African Competition Commission’s decision relating to advertizing by lawyers. To be sure, the legal profession’s lethargy towards liberalization has costs associated with it. The paper, however, considers it beyond scope to undertake cost-benefit analysis or to analyze the pros and cons of entry of foreign law firms.Structurally, the paper is divided into several parts. Part II deals with the advent of the Advocates Act and the Indian legal profession’s diffident approach towards liberalization. It enumerates the position of the Bar Council of India, State Bar Councils, Society of Indian Law Firms and the Bombay High Court. Part III builds upon Part II and catalogues the multifarious ‘push’ and ‘pull’ factors in the liberalization. Both international and domestic factors have been accounted for. Part IV analyzes the baby steps towards the liberalization of the Indian legal profession. Towards this endeavor, the inception of common market for the legal professionals, the Bar Council of India’s monopoly, the initiation of a pan-India Bar examination, creation of limited liability partnerships, regulation of advertisements and infusion of a modicum of competition through a Madras High Court judgment have been assessed. Part V summarizes the concluding observations.