Human Rights and the Private Sphere: A Comparative Analysis. Edited by Dawn Oliver & Jorge Fedtke. Routeledge-Cavendish. London and New York, 2007

In the contemporary world human rights has emerged as one of the most significant and powerful discourses. Notwithstanding the fact that human rights violations are not uncommon, states are compelled than ever before to adhere to international human rights standards. While human rights are primarily designed to give protection against the state, in today’s globalised world, it is important to develop human rights norms and standards to protect individuals against powerful non-state actors as well. It is in this context that Human Rights and the Private Sphere: A Comparative Analysis edited by Dawn Oliver and Jorg Fedtke is an important addition to the newly emergent literature on the applicability of human rights norms for non-state actors or the private sphere. Analysing the interplay between constitutional protection of human rights and fundamental freedoms and the private law, the book examines fifteen jurisdictions around the world that protect civil and political rights against private bodies…

Facebook and the Right to Privacy: Walking a Tight Rope

While there has been a spate of public outcry against rampant privacy violations on social networking sites in the recent past, the current law of privacy appears to be ill-equipped to reinvent itself in the internet age and rise to the emerging challenge of affording adequate protection to personal information online. This article seeks to identify the various in- stances of privacy abuse that have become common on social networks and explores various social and legal solutions available for redressing the same through users’ protest, industry self-regulation and actions based in the law of tort, contract and data protection. In light of the limited nature of protection afforded by these alternatives, it stresses on the need to broaden and redefine the theoretical paradigm within which the right to privacy has traditionally been viewed in order to adapt it to the new avatar of social communication.

Anatomy of a Death Penalty Defence Lawyer: Reflections on Legal Representation and Reform in Three Biographies

The statistics would be shocking enough even if death were not involved. Large numbers of prisoners have inadequate legal counsel and, in later stages of the appellate process, no counsel at all. Death sentences, in the aggregate, continue to be disproportionately imposed on persons of limited economic means and members of disadvantaged minority communities…

The Judge Speaks, Dr. Justice A.R Lakshmanan Universal Law Publishing Co., New Delhi, 2009

There are many reasons why one should peruse a judge’s writing. For one it is an excellent source for gauging a judge’s thought process – the way a judge perceives an issue, his biases, his manner of comprehension, etc. Secondly, for insider information that would otherwise be hard to come along, and finally, how things had unfolded during the hearing of important judgments that the judge was involved with. Such information is almost impossible to determine from the usual carefully constructed judgments that are delivered from the bench…

Legal Grounds: Natural Resources, Identity and the Law in Jharkhand, 1st Edition, Editor: Nandini Sundar. Oxford University Press, New Delhi, 2009

The unusual, yet perceptive interface between law and love connection sets the tone of the journey through Jharkhand. This is a journey not just of the formation of the state but a contested terrain of contestation, struggles and transformations that is what is stated in the introductory chapter by Nandini Sundar Laws, Policies and Practices in Jharkhand. Discussing the creation and modification of adivasi identity and its’ direct connection to law, Sundar metaphorically and convincingly links the legal system normatively and relationally with love—both connected with power and hegemony, both being spaces of protection and also repression. The sociological approach in this book reminds us of similar interdisciplinary approaches used by Vasudha Dhagamwar (Role and Image of Law in India: A Tribal Experience, 2006), Nivedita Menon (Recovering Subversion: Feminist Politics Beyond the Law, 2004) or Radhika Singha, (A Despotism of Law: Crime and Justice in Early Colonial India, 1998). The book is a case study of Jharkhand, a place historically rich in natural resources, a newly formed state with a vision for industrial development, a dwelling for Mundas, Santhals among many other tribal communities negotiating through resistances, betrayals and expectations from the colonial and the postcolonial state. The book can be divided into discussions on land, forest, water, mining and self governance. The adivasi slogan of jal-jangal-aur jameen seems to be reflected in the way in which the chapters are arranged…

Ahmad Siddique’s Criminology & Penology, S M A Quadri Bhavani Prasad Panda, Eastern Book Company, Lucknow, 2009

Ahmad Siddique’s Criminology & Penology is a successful book on the subject, used extensively by the law students in India. The author has attempted to update and has successfully incorporated the emerging changes, thus providing a new look to the earlier treatise. The book under review is a walk through the subject ‘criminology and penology’ and is concerned with the nature, causes, prevention, punishment, administration etc., of crime. It largely focuses on the definitions of crime with reference to criminal law. The book is largely about criminology from a legal scholar’s perspective. As a user guide and manual for the law students, the book is designed as a route map to provide an overview of criminology and penology. The legal interfacing of criminological thinking is seldom attempted by legal scholars, though most of the end users are fraternities from criminal justice administration. The book originally authored by Ahmed Siddique has been given scholarly attention by SMA Quadri in its current form…

Handbook on Law, Women and Employment, Surinder Mediratta, Oxford University Press, New Delhi, 2009

Women have entered the domain of paid employment in huge numbers since the beginning of the nineteenth century. There has been a gradual upliftment in the status of women as they have gained economic independence. Although the acquisition of human rights by women has had a positive impact on society, there remain significant inequalities creating an impediment in the path of full realization of social justice. A substantial sex differential in earnings still remains. Patriarchy is a reality that exists even today causing authority and power to be male prerogatives. Occupational segregation on the basis of sex creates discrimination and stereotypes.

V.N. Shukla’s Constitution of India 11th edition, Edited by Mahendra P. Singh. Eastern Book Company, Lucknow, 2008

Description, analysis, evaluation and prescription have a dilemmic relationship. Overtly relying on any one is often a reason for criticism of an academic work. A purely descriptive work is accused of adding no value to existing knowledge or even being political by pretending to be apolitical. An analytical work based on inadequate, or worse still, an erroneous description would be a sitting duck at best for critics. An evaluation based on a ‘sitting duck’ analysis would run a high probability of being evaluated poorly by peers. The less said the better, about prescriptions based on inadequate evaluations. Avoidance of such tragedy in academic work calls for academic literature which abounds in comprehensive and analytical description, in turn providing a good breeding ground for critical analysis, evaluation and prescription. The extent to which any academic work can do justice to any of these four features would depend inter alia on the nature of the discipline, the quantum of materials, the time of authorship and above all, the purpose the author has in mind…

Towards Legal Literacy: An Introduction to Law in India. Edited by Kamala Sankaran and Ujjwal Kumar Singh. Oxford University Press. New Delhi, 2007

There are introductions and introductions. Some introductions seem to be purely descriptive, e.g. stating the manner in which one’s work is organised. Some are used as disclaimers- “Mine is only an introduction!” Some aim at setting the tone for subsequent events. Whatever be the kind of introduction, they aim to familiarize the object of the introduction to the subjects. Drawing from the philosophical arguments on the impossibility of descriptive projects, it is unlikely that an introduction can, irrespective of its claims, be purely descriptive. A feature of introductions which may be both, a reason for defeating descriptive claims and increasing the importance of perspectives, is that introductions are in most cases in relation to things which are unfamiliar to the person being introduced and familiar to the person who introduces. The knowledge of a knowledgeable person (especially teachers) introducing, has the potential of forming lasting impressions unless one doubts the credibility of the introducer or was an expert in the field oneself. This feature calls for introductions to state their perspectives honestly and take other perspectives on board. A strategy such as this would help those being introduced, to critically evaluate other perspectives operating in the same fields of knowledge, the deduction of which may lie solely in the fact of their being new and unknown…