The expression ‘Nation’ is not a tangible entity and therefore cannot be seen. What can be seen and observed are the individuals who belong to a nation. As such nation is a set of intangibles that characterize a group of people. A set of emotions of attachment to a given territory, the modes and manners of cultural expressions, the way of perceiving and believing the existence of a given community, its socio-economic ways of living and acting in that capacity are some manifestations of a national life. Each Nation has a distinct feature which helps it stand apart from other nations. This feature is the real soul of a Nation, the national spirit persists till the time this feature survives; for India its religion and culture is that feature. The customs and religious practices follow the culture. It would not be wrong to say that culture and religion has permeated every aspect of an individual life. Be it Election, education, freedom of speech, appointment of priests in various temples, religious and cultural belief, blasphemy, obscenity, etc.
The Constitution of India, in its preamble, mentions the word ‘Secular’, but this connotation doesn’t possess the same meaning as that in West. The intricate thread of Culture and religion passes even through the state functions. Here, the word secular is not an antonym to ‘spiritual’ but to the word ‘sectoral’. While dealing with the sectoral aspects, the Courts had to ensure that the Secular fabric of the country is not damaged or the fundamental rights are not shadowed, the religious school and their education system (Art 29-30), professing and propagating one’s religion (Art 25-26), carrying one one’s belief which might hurt the other’s religious feeling, the freedom to carry on trade, freedom of press- religious expressions or publication etc., (Art 19).
As the debate gets heated up and the people remain united despite holding diversified views, it is important to analyze how our courts have been doing on this front. The aim of the research undertaking is to understand how the culture, religion and the religious practices have been defined by the Courts. The Courts have also played a major role in crystallization of the thoughts as they try to maintain a balance on the competing Fundamental rights and interest of the People.
The Religion and Culture of a person is important as it keeps people bound to each other in a society. Some of the cultural practices have faced opposition from the human right bodies and even considered obscene and degrading. Some issues that our Courts constantly face is to reconcile these competing constitutional value of freedom of religion and the necessity of reconciling it with reasonable restrictions and adjudicate if those restrictions are indeed reasonable or not. The practices such as performing Sallekhana or Santhara by Jain followers, the practices of Jalikkattu, Prohibitions to entry in a particular temple, using loudspeakers for Namaz, etc have been some of the aspects which have undergone the judicial scrutiny.
There are various judgments which have been landmark in this regard and some not landmark but nevertheless important in understanding the direction given by such judgments. Apart from
the judgments, there are various Acts dealing with different aspects of religion. Apart from the judgements, some of the legislations which would be instrumental in understanding these dimensions are-
1. Anti-conversion laws of various States
2. The Religious Institutions (Prevention of Misuse) Act, 1988
3. The Religious Endowment Act, 1863
4. Hindu Religious and Charitable endowment Act, 1997
Recent debate of Hindi as national language, State imposing policies interfering with right to religion, the Sabrimala case and the recent controversy of Hadiya has re-ignited these debates. Our courts have been dealing with question such as what constitutes essential religious practices, Can religious teachings or the religious rituals or prayers be allowed at educational institutes? Can a student be compelled to follow them? What are the rights of the religious or cultural minority? What is going to be the medium of instruction at schools and colleges? What constitutes a religious denomination and what are the rights of such denomination?
All of these have not only raised controversies but also given rise to important question of constitutional law. In some cases writs and proposals have also been filed in the Courts. As the interpretation of the Courts have far reaching implications and in bringing out the constitutional morality while dealing with such complex issues. Hence, it become imperative to study and analyze these issues in light of the judgments
AIMS AND OBJECTIVES:
1. To understand and appreciate the approaches of the courts, towards controversial and contradictory demands of variety of groups and how do they balance and synchronize them.
2. To understand as to how do the courts interpret the elements of tradition and customs when the imperatives of such traditions and customs are loaded against the constitutional principles.
3. To understand the dynamics of interpretation of cultural practices by the Courts.
India’s cultural traditions have enough of flexibility and resilience to get adjusted to any change process and have been able to retain an underlying unity throughout the known history of mankind. Indian judicial system has been able to articulate the principles of mutual respect for the differences of understanding the worldview of variety of communities and is likely to continue to play an effective role of mediator of differences across the spectrum in India.
1. Chapter I- Introduction
2. Chapter II-Constitution Assembly and our Culture and Religion
3. Chapter III- Religion
Interpretation of the term by Courts
Trusts and endowments
Propagation of Religion
4. Chapter IV-Culture
Right to life and Cultural Practices
Freedom of speech and expression
Heritage and Monument
5. Chapter V-Epilogue/ Way ahead (Chapter concluding)
With the country grappling with the over crowding of jails, community services for not-so-serious offences can act as an alternate to imprisonment, having multi-fold benefits.
Community service is one form of supervised, non-custodial penalty which involves an offender working without pay for a certain number of hours. It would not only help decongest the over-crowded and in-poor-condition prison cells and would also lead to the reformation of prisoners.
The idea being, that community service offers the chance for an offender to be a contributor to the society rather than a cost. Along with the societal benefits, it also provides an opportunity to pay back for wrong-doing and to learn a skill which can help to rehabilitate an offender.
It might lead to the criticism that incorporation of ‘community services’ as a form of punishment in certain categories will at least lead to uniform application of law by courts. Not only uniformity, it shall also be cost effective if implemented on a larger scale alongside saving first time offenders from the stigma of conviction.
However, there needs to be a legal framework to ensure proper implementation and supervision of work done by offenders in lieu of punishment. In the Indian context, the idea is still at an infant stage and does not receive adequate attention from the relevant authorities.
The discussion examines the relevant laws pertaining to the application of the community service order.
Research Materials and Methodologies
The study shall be legalistic in nature, using a qualitative approach. Research methodologies of library research and critical analysis were used in analyzing relevant materials, data and information.
Research includes statutory analysis focusing on legislative pronouncements.
The focus of the study shall be placed on the US model of community service and efforts shall be made to encompass it into our system.
A few Indian judges, including Justice Vibhu Bhakru, Justice Nazmi Waziri, Justice Sanjeev Sachdeva of the Delhi High Court have already made efforts in that direction and a study shall be made of their vision.
The research shall consist of both doctrinal and non-doctrinal approaches.
3.1 Eliminating middlemen
3.2 Efforts to reduce corruption
3.3 Eliminating the role of money
4.1 Foreign Judgements
4.2 US Model of Community Services
4.3 Indian Judgements
Legal aid right till the grass roots
Justice shall be an ideal to be achieved in every society which thrives for prosperity and harmony, it must be present in all corners of the society Montesquieu said; "In the state of nature...all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the law." The protection of law to poor, illiterate and weak is important to ensure equal justice. Legal aid is one of the means to ensure that the opportunities for securing justice are not denied to any person by reason of poverty, illiteracy, etc.
Legal aid is free legal assistance to the poor and weaker sections of the society with the object to enable them to exercise the rights given to them by law. Justice P.N. Bhagwati has rightly said that "the poor and the illiterate should be able to approach the Courts and their ignorance and poverty should not be an impediment in the way of their obtaining Justice from the Courts."
The right to assignment of counsel at Government expenses was emphasized in the 14th Law Commission Report. Article 39-A of the Constitution which came in 1976 by 42nd Amendment provides that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. In order to provide for the composition of statutory legal authorities and to provide statutory backing to Lok Adalats and its awards and to further ensure the practice of free legal aid, the Legal Services Authorities Act was enacted in 1987 by the Parliament. S.12 of the Act provides the category of people who have the right to free legal aid in India. The Act also provides for the establishment of Legal service authorities at National, State and District level in India. Through its judgements, the Supreme Court of India has always tried to strengthen the idea of Legal Aid access to legal services continues to be a challenge for a substantial segment of the Indian population due to constraints and inadequacies in the criminal justice system. The aim of the study is to see whether the legal aid seeps down to the grass root level? The first phase would be to study the stage at which legal aid is first provided to the seekers.
In the initial phase of the study, following places were visited and below mentioned observations were recorded:
A discussion with one of the advocates of DSLSA. A set of questionnaire for the advocate for which we received responses for the advocate. We got to know that there is a provision that DSLSA panel advocates shall be present in the court rooms and an advocate of DSLSA shall be appointed at each and every police station of Delhi.
We found out that in practicality, there is not even a single advocate of DSLSA present in the Police Stations according to the provision mentioned by the advocate at Rouse Avenue and many SHO didn't even know about the said provision. They (Station House officers and Police personnel) have no regular mandate of interaction with DSLSA advocates at the ground level. They only deal with DSLSA in the court rooms as stated by the SHO. No Legal Aid is provided at the initial stage of arrest.
Provisions under this pilot project:
Part A - Payment should be denied if there were no calls to advocate from the police station.
Part B - Payment of Rupees 6600/ will be given on the call basis if there are more than 5 calls to advocate per month and Rupees 1000/ will be awarded to the advocate for his per visit to the police station.
Lacunae: After reviewing the project, it was noticed that LSAs are unable to connect with police stations during the time of 4:30 pm to 1:30 am and 8:30 am to 09:00 am in the morning. None of the LSAs had made a single visit to any P.S
Aims and Objectives
Line of Action
The empirical research has started by visiting Police Stations and District Courts in order to interact with the persons involved in the criminal justice system. A Sketch has been formulated about the guidelines already existing for the Legal Aid system currently present in courts and police stations. We target to collect data district wise to have normalized standards in the research. We also intend to file various RTI Applications to collect data from different resources. After collecting the said data, we will formulate a report and approach the Hon'ble Supreme Court to issue guidelines for a better functioning of the Legal Aid system at the Police Stations.
AVIATION LAW PROJECT
A lot has not been said and talked about India and the Aviation Law. The Indian Airlines carried 139 million passengers in the year 2018. In Jan-Mar 2019 alone, 354.53 lakhs passengers were carried by domestic airlines registering a growth of 4.92%. With the launch of scheme like “Udan” by the Government of India, a lot needs to be talked about the security concerns.
Liberalisation of the Indian Civil Aviation sector in the mid nineties led to large number of private players entering the sector in addition to the two already established national carriers (Air India and the erstwhile Indian Airlines). Apart from the liberalisation, the security of the airspace and the airline industry became a major concern for the nation, especially with the infamous Kandahar Hijack of the Indian Airlines Flight 814 in 1999.
The sovereignty over the airspace is not a new concept in international law but has been reiterated under various Conventions in the 20th century. One such is the Convention Regulating to the Regulation of Aerial Navigation signed by 26 States on 13 October 1919 established that the High Contracting Parties recognise that every Power has complete and exclusive sovereignty over the airspace above its territory. Similar thing happened in the 1919 Paris Convention and then in the Chicago Convention.
The failure of the Chicago Convention to deliver a multilateral treaty regime to distribute traffic rights, States have now resorted to reciprocal bilateral and multilateral agreements in order to secure foreign market access for their air carriers. India as well signed multiple bilateral Air Agreements with number of countries to secure market access. This research will focus on understanding the capacity, frequency, point of access, amongst other things under various bilateral agreement. This will further go on to discuss the recent closure of airspace between India and Pakistan.
The second issue that will be dealt in this research is with respect to the passenger and compensation rights in India. These rights have not been talked about in the developing countries but has been significantly used in the developed nations. For example, the European Union places higher liability on the airlines than the international law regime. This research will try to understand the international law regime and compare it with India. The research will focus on Consumer Court rulings and the terms and conditions of major airlines.
Thirdly, the airline industry is highly dynamic in nature. This can be seen from the recent rice and fall of the Jet Airways. This part of the project will try to understand the nature of competition in the market and the view taken by the Competition Commission of India.
Standards and Recommended Practices (SARPs) have been adopted by the ICAO under the Article 37 of the Chicago Convention. This field of study will be working on international practices in a variety of dimensions including safety requirements and will be looking into their Indian parallel and its implementation.
The emerging issues in the Aviation Law points out to these significant issues concerning the lives of the hundreds of people on board. This project will focus on these kinds of issues prevailing both Internationally and in India and will consist of a series of papers.
The writer presumes absence of any lobbying capacity of any of the stakeholders. The ICAO and various international and national regulatory bodies have been regulating keeping in mind the safety, security and general welfare of the public.
This work will try to encapsulate the international and national approaches of the various regulatory bodies concerning the aviation law. The methodology would be doctrinal in nature and shall try to analyse not the existing literature but also try to suggest new regulations as decided by various national and international courts. The paper will also try to synchronise the competing values of responsibilities of the States and would remain the major focus of the study.
Introduction to Aviation Industry- India and the World
India’s bilateral agreement on air law
Passenger Rights and Compensation
Sovereignty over Airspace- Case of India & Pakistan
Study of competition in the market in the Aviation Industry
SARPs on Safety for International Flights and its parallel requirements in Indian Aviation
 ET Bureau, ‘Indian Airlines carried 139mn passengers in 2018’ The Economic Times (India, 23 Jan 2019) available at < https://economictimes.indiatimes.com/industry/transportation/airlines-/-aviation/indian-airlines-carried-139-mn-passengers-in-2018/articleshow/67650915.cms?from=mdr> accessed 18 May 2019.
 DGCA Report, Performance of Domestic Airlines for the year 2019 (March 2019) <http://dgca.nic.in/reports/Traffic-ind.htm> accessed on 18 May 2019.
 Michael Milde, International Air Law and ICAO (2012, Eleven International Publication portland), p. 8-10
 Article 1, Chicago Convention.
 Brian F. Havel; Gabriel S. Sanchez, Do We Need a New Chicago Convention, 11 Issues Aviation L. & Pol'y 7 (2011), p. 12.
Sports law has become established as a specialized area of legal interest. Sport generates substantial economic activity and in prominent ways is woven through the social fabric.
This subject is based on the premise that scholars, lawyers and those responsible for the governance of sport must be equipped with the means to understand and evaluate the law which regulates the important and vibrant activity that is sport.
As both a traditional pursuit and an industry of the modern age, sport intersects with law in many different ways, some of which challenge established legal rules and notions of thinking about law. This subject concentrates attention on the circumstances productive of such challenges and explores the reasons for special or unique treatment of sport by the law.
High levels of public engagement with sports can, sometimes, serve to position sport as an agent of legal change and as an effective means of transmitting legal knowledge and values. Legal practitioners and scholars need to be alert to these processes even if they do not claim a specialized involvement in sports law. Sports law also provides an important connection between scholarship and legal practice because sport is an activity that presents law in applied and instructive settings.
Study of this different and challenging fields will enable legal practitioners and scholars:
The principal topics that will be addressed in this subject will be:
INTENDED LEARNING OUTCOMES
Suggested Contents of Handbook-
Suggestive Case Study-
Why stalking as a project?
India has not only bagged one of the top ranks for having the highest number of internet users, but we also ace the statistics of global sexual harassment. The harassment faced by women online mirrors the image of harassment faced by them in the physical world. What is more striking is that instances of cyberstalking against men are on a surge. Experts have opined that the ratio is 50:50 vis-a-vis the instances of cyberstalking faced by men and women.
We took this project to understand the psychological reasons of a stalker as well as a legal implications and also to study the reactions of victims and how this stalking affecting the families of victims.
1. Effects on:
2. Violation of Rights
3. Failure in execution mechanism of current laws
4. Problems faced by accused and family in false cases
5. Victim compensation schemes
Method of study:
1. Contemporary use of Srction 498A IPC, POCSO Act, DV Act and other acts pertaining to gender and sexual offences.
2. Transgender Stuides
3. Study of the conditions of the people at Red-light areas
4. Menstural Health Studies
With the growth of commerce sector in India, multiple statutes apart from the Constitution of India, have been enacted to regulate the commercial and trade activities of the Union and the states. Every statute that is made or brought in for amendment is tested on the touchstone of the Constitution. The study attempts to explain powers of the State which it retains over commerce and how the supreme court may sometimes limit those power.
Aims and Objectives
Party autonomy (expressed one's and choice demonstrated with reasonable certainty)
Limitation on choice
Judgment analysis of Swiss Ribbons v Union of India 2019
A city is known for its quality and extent of infrastructure. That determines the suitability of
the city for its occupants. This project seeks to assess the suitability of 7 markets in North
Delhi Muncipal Corporation to assess the same from the lens of the street vendors and the
PART I. STREET VENDORS
Street vendors belong to a vulnerable section of society which lacks in educational and basic
professional skills. Inorder to earn their livelihood the street endors end up opening stalls,
thellas in which they sell food items, petty stationary articles, handicrafts or offering some
other services like cobbler, ear cleaning etc. to the general public on sideways, parks, streets
etc. The vendors by creating a job opportunity for themselves strengthen the country’s
economy theereby curbing the menace of unemployment.
Street vendors are categorized in two types as per The Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014.
1) Stationary street vendors
2) Mobile vendors
Stationary street vendors are the individuals carry out vending activities on a regular basis at
a specific location. Mobile vendor are the individuals who carry out vending activities in
designated areas by moving from one place to another place vending their goods and
Though the street vendors markets present myriad colors, underneath the shimmer lies
simmering discontent and anguish. These vendors contribute significantly to the urban
distribution system, but in return face humiliation, harassment and confiscation threats from
police officers and inspectors from local governing bodies such as the Municipal Corporation
of Delhi (MCD) and the New Delhi Municipal Corporation (NDMC). Municipal authorities
frequently demand bribes from vendors.
Street vendors face different types of livelihood risks because of the legal, physical, and
socio-cultural environment in Delhi. The “Report on the Conditions of Work and Promotion
of Livelihoods” by the National Commission for Enterprises in the Unorganized Sector states
that, ‘‘The lack of recognition of the role of street vendors culminates in a multitude of
problems faced by them such as obtaining licenses, insecurity of earnings, insecurity of place
of hawking, gratifying officers and muscle-men, constant eviction threats, fines and
harassment by traffic policemen.”
AIMS AND OBJECTIVES
1. To analyse Sec. 4 of the Street Vendors Act, 2014 as to obtain a
certificate for vending no other means of livelihood which also violate to Art.
19 (1) (g).
2. To find whether sec. 21 of the street vendors act, 2014 is actually being
implemented or not.
3. To inspect whether the TVC is constituted to conduct a survey of all
street vendors according to sec. 3 of the street vendors act, 2014 and whether
they are helping to accommodate them to the various vending zones in
accordance with the plan of street vending.
4. To find whether awareness programme is being conducted by the TVC to
make the vendors aware about their vending rights as specified by sec. 32 of
Protection to livelihood and street vending act, 2014.
5. To check whether section 11 of the streets vendors act is being followed
with full effect or not
6. To analyse the working of the TVCs in every district.
7. To measure the economic success of the street vendors,
8. To evaluate the problems confronted by selected group of street vendors
II. INFRASTRUCTURE FOR THE DISABLED.
Celebrated British physicist Stephen Hawking said: “People with disabilities are vulnerable
because of the many barriers they face: attitudinal, physical, and financial. Addressing these
barriers is within our reach.....But most important, addressing these barriers will unlock the
potential of so many people with so much to contribute to the world.”
The World Bank estimates that 15% of the world’s population is affected by one disability or
another. According to the 2011 Census, the number of disabled in India stands at 2.68 crore,
or 2.21% of the population.
Census 2011 data reveals that of the 13.4 million people with disabilities in India in the
employable age group of 15-59 years, 9.9 million were non-workers or marginal workers.
Not only are we forcing millions of India’s unemployed with disabilities to be dependent on
social security or their families and caregivers, the hostile environment and public transport
also robs them of the dignity of carrying out tasks that everybody else takes for granted
As part of the Accessible India Campaign, the flagship national programme to make public
buildings and transport less hostile for the physically challenged, 50% of all of these were to
be made fully disabled friendly by July 2018. But more than two years after the launch of the
campaign, only 3% of buildings have become accessible, according to the Department of
Empowerment of Persons with Disabilities (DEPwD). At the launch of the campaign, 1,707
buildings were identified to be made accessible. Across 57 Indian cities, auditors gave
pointers to the State on features needed to make buildings accessible. After the audits, state
governments sent proposals to the DEPwD which released funds to retrofit these buildings.
According to section 44 of the Persons with Disabilities Act, the norms for retrofitting
included the creation of ramps in public buildings, modification of toilets for wheelchair
users and installation of Braille symbols in elevators. But progress has been slow.
So inaccessible are India’s sports venues that a makeshift wooden ramp had to be created at
Mumbai’s Wankhede Stadium to ensure Sachin Tendulkar’s wheelchair-bound mother could
watch him play in his farewell Test. Bus stops, traffic crossings, subways, foot over bridges
footpath even in the National Capital are no better. Infrastructure that is not disabled friendly
restricts mobility of disabled people, violates their right to live with dignity and also defeats
the provisions of the RPwD Act, 2016
AIMS AND OBJECTIVES
1. To check implementation of Section 41 of RPwD Act, 2016 by the North Delhi
Municipal Corporation in market areas.
2. To understand what are the challenges faced by physically disabled people in North
Delhi when it comes to using foot over bridges, subways, footpath, and washrooms
in these market places.
The writer presumes that the North Delhi Municipal Corporation is aware of the mandate of
section 41 of RPwD Act, 2016 and has made active attempts for ensuring the infrastructure is
suitable for use with persons with disabilities Act.
1. Only market areas in the jurisdiction of North Delhi Municipal Corporation will be
2. In the particular market the following will be considered:
a. Foot over bridges :
i. Tactile paths
iv. Grab rails
v. Audio cues
i. Tactile paths
iv. Grab rails
v. Audio cues
i. Grab rails
ii. Wheelchair friendly
i. Tactile Path
ii. Wheelchair Friendly
e. Map of the market in Braille form
f. Specially marked parking slots for differently abled people.
A survey would be conducted of the markets in the respective wards of the North Delhi
Municipal Corporation. The minimum desired width of the footpath would be 1.2 metres.
Also a survey of 5 people who are physically challenged would be carried out in order to
better understand the issues they faced while using public washrooms, footpaths, subway, and
foot over bridges, parking slots.