Articles

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.

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…

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…

The book under review presents an excellent exposition of the new science relating to DNA Technology in the administration of justice. This book is divided into six chapters…

The moral and conceptual underpinnings of human rights have been the subject of study starting from the time the idea of universal rights, natural or human, were put forward. The extents to which such underpinnings are present in countries with differing religious, cultural and social traditions have been a matter of debate. In recent years we have seen strong opposition concerning the universalism of human rights from those who defend the cultural relativism of rights and who deny the moral right to enforce such universal human rights. A related question has also been whether the ideological basis of human rights discourse is specific to the Judeo-Christian tradition and whether it could be adequately justified in other traditions…

Constitutions are generally considered to be the fundamental law of the land across jurisdictions. Whether written or unwritten, they mirror an amount of certainty. Constitutions usually contain the philosophy of a nation, rights, duties and liabilities of the state as well as its citizens, and the structure of governance. Within the paradigm of certainty, these documents need to imbibe flexibility for the purpose of endurance. The demand for certainty and flexibility may sound contradictory but the working of different constitutions is a witness that most nations have struck a balance within these apparently contradictory claims. Factors that influence changes, the processes by which changes are effected and the ideal model of change in the constitutions have caught the imagination of many comparative constitutional law scholars. The book under review is one in that genre…

This paper is an appraisal of the interpretation of the law of precedent, international human rights law and morality put forth by the landmark judgment of Naz Foundation in the context of the homosexuals’ right to privacy. First, this paper will summarize the judicial history of the ‘right to privacy’ in India and proceed to argue that the current interpretation of the law as stated by the Supreme Court previously in Kharak Singh’s case is inaccurate. Second, it will examine the validity of certain sources which the Delhi High Court believes reflect India’s obligations under international human rights law. Third, the paper presents a brief overview of the cases from foreign jurisdictions quoted in the Naz Foundation and proceeds to critically examine the relevance of the quotations therein. Finally, the paper attempts to delve into the analysis of ‘public morality’ as distinguished from ‘private/individual morality’, and examine the practical application and consequences of the analysis of these concepts by the High Court. Then, it humbly attempts to further such analysis with the help of certain scholarly opinion evolved in the context of a similar debate in Britain after the publication of the Wolfenden Committee report in 1957.

The universal regime addressing the issues of ship-source oil spill liability and compensation are primarily governed by International Maritime Organization (‘IMO’) conventions. The IMO regime imposes liability on the shipping industry based on the principle that the polluter must pay. The civil liability conventions lay down the principle of strict liability for ship owners and create a system of compulsory liability insurance. Claims for compensation for oil pollution damage (including clean-up costs) may be brought against the owner of the tanker which caused the damage or directly against the owner’s Protection & Indemnity (‘P&I’) insurer. The ship owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. This paper gives an overview of the international liability and compensation regime for oil pollution damage and the modus operandi to deal with the claims for compensation. This article argues that even though the conventions provide for a comparatively straightforward claims’ procedure, claimants are less likely to be able to obtain adequate compensation in the event of a catastrophic oil spill and the oil industry is thus under less pressure to prevent oil spills. However the system set up by IMO met with response to in the international community which is apparent from the adoption of the system is on the increase.

There is considerable dissonance between the text of the Arbitration and Conciliation Act, 1996 and the judicial decisions interpreting it. This discordance has a significant impact on arbitration in India. This paper analyses the possible impact of these discrepancies through eight cases decided by the Supreme Court in the past decade.

The recent decision of the Supreme Court in Santosh Bariyar is a welcome step in India’s death penalty jurisprudence, in that it revisits the case of Bachan Singh as the defining law on the subject. The judgment calls for the prosecution to show by leading evidence that there is no possibility of rehabilitation of the accused and that life imprisonment will serve no purpose. This article essentially seeks to explore the ramifications of this judgment on India’s death penalty jurisprudence. The article begins with an examination of the recent trend towards abolition of the death penalty, to mainly highlight that as the international community’s consensus against the death penalty grows, India is becoming increasingly isolated in its commitment to it. Then it seeks to discuss the changing climate in the body of India’s death penalty jurisprudence, by tracing the transition from ‘the death penalty as the rule and life sentence as the exception’, to the concept of ‘rarest of rare’ dictum. In the light of the above cases, the new standard laid down in the landmark Bariyar case will be examined and critically analyzed in light of the fact that it will have the fundamental effect of restricting the imposition of the death penalty drastically. Lastly, we will seek to answer the question whether the Bariyar judgment marks the end of death penalty in India.