Year: 2016

The old people are very important in Africa like in any part of the world. They are held in high esteem fortheir wisdom, knowledge and dexterity in dispute settlement, governance, guidance for the young and custody of our historical values. It is therefore important that utmost care and protection is given to them to protect these legacies, which they have to bequeath to the younger generation. Human Rights are a veritable instrument that can help to preserve the lives of the old people. However, not so much in terms of civil and political rights (CPR) (even though these are equally important) but in terms of economic, social and cultural rights (ESCR) in the provisions of basic necessities of life, e.g. health facilities and services, transportation, housing, social securities, clothing, food, etc. This is however not advocating the paramountcy of ESCR over CPR but making provisions that will enhance the quality of lives of old people in Nigeria.

Trade has played a vital role in the evolution and development of the human race. Human rights on the other hand, though considered universal and inherent, were formally recognized much later in human history. Even today much is left to be desired regarding the implementation of these rights. One way in which few nations believe it can be implemented is by including such provisions in trade agreements. This paper focuses on the importance of the emerging trend of including human rights clauses in free trade agreements (‘FTAs’). The effectiveness of such provisions is limited as has been seen in the past because countries are reluctant to enforce such provisions as they are mostly loosely worded. We give a general outline of this emerging trend and lay emphasis on the upcoming European Union (EU)- India FTA where the EU wants to include such provisions but India is opposing it. We argue that India, which is likely to benefit in several sectors from this agreement,may accept certain minimum standards for human rights, but this needs to be carefully negotiated and drafted to avoid becoming a trade weapon for the EU and a disguised form of protectionism

Considered to be a convenient hybrid between a partnership and company, the Indian limited liability partnership is a business association that merges certain advantages of a partnership with those of a company. This paper traces the evolution of this business vehicle from its genesis in the American state of Texas to the form in which it has been adopted in India. The paper also attempts to give a detailed analysis of the statutory provisions and concepts employed in the Limited Liability Partnership Act, 2008 as well as the tax status of limited liability partnerships under the Finance Act, 2010. The paper tests the usefulness of this new business form for professional service providers as well as small and medium size business concerns, which are widely perceived to be the primary beneficiaries of the LLP Act. The paper concludes that the LLP Act is a welcome addition to the family of business laws in India providing multiple advantages to its targeted beneficiaries. With the example of an association of lawyers, however, it is evident that certain glaring omissions prevent it from truly filling the void between companies and partnerships.

Of all the laws that were inherited from the colonial regime in India, few have been as controversial as those related to seditious offences. Since independence, the law has been modified and interpreted to incorporate safe guards so it may withstand constitutional scrutiny. However, it still acts as an effective means to restrict free speech, and has been used by contemporary governments for reasons that are arguably similar to those of our former oppressive rulers. In this paper, we make a case in favour of repealing the law of sedition. Through an examination of how the law has been interpreted and applied by the courts even after it was read down in Kedar Nath v. Union of India, it is argued that it is indeterminate and vague by its very nature and cannot be applied uniformly. Further, the law was enacted by a colonial autocratic regime for a specific purpose, which cannot extend to a post-independence democratically elected government. An analysis of the cases of sedition before the High Courts and Supreme Court show that the offence of sedition is increasingly becoming obsolete. Problems of public order, which the law purportedly addresses, may instead be addressed through other laws that have been enacted for that specific purpose

NUJS Law Review is the sprouting of a seed long embedded in my heart. Ever since the early years of my entry into law, when I came across some of the law school reviews from abroad, especially the United States, I have longed for similar reviews from our law schools. Some of the law schools such as Lucknow, Delhi, Jaipur; some organizations such as the All India Law Teachers’ Association and some enterprising law teachers took the initiative of bringing out law reviews but could not proceed beyond a few and sporadic issues. The Journal of the Indian Law Institute is perhaps the only academic law review, which has survived since its inception. Some of the professional journals primarily devoted to the reporting of judicial decisions of the superior courts such as the All India Reporter, Madras Law Journal, Bombay Law Reporter, Calcutta Weekly Notes, Kerala Law Times and others occasionally published a few academic writings. The Bar Council of India also initiated a journal soon after its establishment in the early sixties, which was later renamed as the Indian Bar Review. Some of the writings in these journals could undoubtedly be compared with any good writings in the law journals abroad but they did not create a system of legal research and writing assuring continuity, quality and frequency…

The monsoon session of the Parliament this year has been touted to be the harbinger of social reforms, as it witnessed the passing of several landmark legislations in quick succession. Noteworthy in this regard are legislations relating to food security, land acquisition and eradication of manual scavenging. The Parliament also passed a law codifying the rights and protecting the livelihood of street vendors, which is a very crucial legislation in the informal labour sector. What needs to be examined is whether these new enactments actually take a step forward by deftly addressing these crucial socio-economic issues or are only half-hearted attempts on the part of the government. In this context, this note seeks to undertake an analysis of the laws relating to land acquisition and food security…

“An exploration of moral rights in the world’s legal systems reveals a robust doctrine.” This is how Dr. Mira T. Sundara Rajan concludes her seminal work on moral rights. Though moral rights appear to be a small component of copyright law, this book portrays the development of the concept on the world canvass. Moral rights did not find place in the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’) but it resurfaced through the WIPO Performances and Phonograms Treaty (‘WPPT’). The author has effectively used comparative methodology in its widest amplitude to avoid a myopic treatment to the subject and has come out with this comprehensive work on moral rights…

At the heart of intellectual property (‘IP’) law are the ‘hard’ questions on infringement and remedies. Complex legal matters concerning IP validity (exclusion of subject-matter, qualification requirements), determination of scope of rights, availability of defences etc. are more likely to be determined when IP infringement suits seeking statutory and equitable remedies are initiated by market players.1 Today, Indian courts have to grapple with these issues on an ever-increasing scale. A focused legal commentary on the nuances of IP law has been much awaited…

The recent public outcry against the Delhi Jal Board’s proposed public private partnership model has rekindled the contentious debate around water privatization and its impact on the urban poor. Several grass root level organisations and activists have coalesced to form the Water Privatization-Commercialization Committee that is actively opposing the project under the patronage of Retired Justice Rajinder Sachar. In this context, this paper seeks to explore the implications of privatization in the financing and management of water supply systems. While it concurs with much of the criticism that has been raised against privatization, it argues that this failure of privatization is actually a reflection of the ‘governance crisis’ in the Indian water sector. By undertaking a detailed examination of the reasons for the inherent failure, it concludes that the focus of the current reforms in the water sector must be directed at establishing a foundation of ‘good governance’, which is imperative to set the stage for a successful process of privatization in India. In this regard, it proposes certain basic, but significant institutional reforms that must be factored into the urban water supply structure to ensure efficiency of the operator, whether public or private.