Our Projects

indian-cultural-jurisprudence-through-the-eyes-of-the-courts-constitution-culture

INTRODUCTION 
 
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. 
 
 
 
HYPOTHESIS 
 
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.

 

TENTATIVE CHAPTERISATION 
 
1. Chapter I- Introduction

2.  Chapter II-Constitution Assembly and our Culture and Religion

3. Chapter III- Religion
 Interpretation of the term by Courts
 Election
 Education
 Trusts and endowments
 Religious Appointments
 Propagation of Religion
 Anti-Conversion laws

4. Chapter IV-Culture
 Right to life and Cultural Practices
 Freedom of speech and expression
 Occupation
 Heritage and Monument

5. Chapter V-Epilogue/ Way ahead (Chapter concluding) 

criminology-and-penology-community-service-as-an-alternative-punishment

    Introduction

 

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.

 

Issues

  1. Why is the need for alternative punishment?
  2. Why does this model stand as against the existing model?
  3. Which categories of offences does it cover?
  4. How will the community service order be imposed?
  5. Monitoring Authorities, agencies and channels

 

 

Framework

  1. Understanding criminological theories of punishment
    1. Rehabilitative Theory- Justice Krishna Iyer
    2. Gandhian Model of Work

 

  1. Need for alternate punishments as against the existing theories of punishments

 

  1. Understanding offences on which it can be imposed
    1. Broadly categorizing offences into different chapters
    2. Covering non-heinous crimes

 

  1. Need for monitoring and monitoring agencies

3.1 Eliminating middlemen

3.2 Efforts to reduce corruption

3.3 Eliminating the role of money

 

  1. Case studies

4.1 Foreign Judgements

4.2 US Model of Community Services

4.3 Indian Judgements

 

  1. Draw parallels to CSR policies

 

  1.  Suggestions to better the existing system of punishments

 

 

 

 

 

legal-aid

Legal aid right till the grass roots

Proposal

 

Introduction

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.

 

 

Initial Findings

In the initial phase of the study, following places were visited and below mentioned observations were recorded: 

  1. Rouse Avenue District Court Complex :

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.

 

  1. Visit to police stations:

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.

 

  1.  Patiala House District Court  A discussion with General Secretary of the DSLSA was conducted, where we got to know that the cost of recruiting and salary was the main issue behind not posting DSLSA advocates at police stations. He told us that the advocates deal with police station issues only on call basis and rarely visit police stations.
  2. Access to a detailed report of DSLSA: Report numbered PUC:10/DSLSA/Police Station/LAW/2017 relates to a pilot project of DSLSA , which was started on 12/01/18 to provide legal Aid to the accused, complaint, victim and witness at the police station. Mr. Rajesh Deo was the Commissioner of Police, Legal Cell as dated on 12/01/18. As the report stated, the Police stations are the main places of contact between public, either accused or victim with the law enforcement bodies.

 

 

Provisions under this pilot project:

  1. There shall be availability of assistance to an arrested person and his rights should not be violated. In the first three months it was implemented to only South East DLSA and only one legal Aid counsel was nominated for each police station and he or she was made available on call basis.
  2. The report also stated that one Officer in charge shall ensure that such person is having communication with the nominated advocate and every advocate have to send their full detailed report to the central office as well as DLSA office of their cases. Along with that, SHO of that police station also have to follow the same criteria.
  3. The nominated advocate may be paid honorarium of rupees 6600/- per month on the call basis and an amount of rupees 1000/- is paid to DSLSA advocates for their each visit to police stations, with maximum amount of rupees 6000/. Certificate of every visit is also to be awarded to the advocates.
  4. Advocates nominated shall not take private cases related to that police station till the time they have been assigned the duty.
  5.  As dated on 16/01/18, eighteen police stations of South East District were targeted with 18 LSAs (Legal Service Advocates) appointed.
  6. A review meeting was held on 25/04/18 which was attended by 18 SHOs and members of DSLSA. On 1/07/18 the suggestions of the Report were extended in other districts of Delhi. One LSA was assigned for 5 police stations.
  7. Following this on 20/11/18, seven link advocates and seven remand advocates were assigned over thirty five police stations and advocates who had never received any call from police stations were told to refund the BOP of honorarium of rupees 6600/ for the month of July received by them.
  8. On 7/12/18 provisions for providing legal aid were set up which were summarized under two points, viz.,

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

  1. To find any regulatory method for the current system of Legal Aid at police stations.
  2. To find out at which stage the legal aid is actually provided to an Accused.
  3. To collect data related to legal aid counsels appointed to provide legal assistance at police stations.
  4. To know the current practice, role and interaction of DSLSA or DLSAs with the Police stations to provide Legal Aid.
  5. To suggest for the management and superintendence mechanism of the DSLSA over the police stations strict in nature.
  6. To provide a practical and convenient system where every person who comes or is brought to the police station to have an easy access to the Legal Aid counsel.
  7. To suggest a way to involve Paralegals from Legal Aid Cells in Universities/Colleges to provide assistance for Legal Aid at the Police stations.

 

 

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

AVIATION LAW PROJECT

  1. INTRODUCTION

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.[1] In Jan-Mar 2019 alone, 354.53 lakhs passengers were carried by domestic airlines registering a growth of 4.92%.[2] 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.[3] Similar thing happened in the 1919 Paris Convention and then in the Chicago Convention[4].

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.[5] 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.

  1. AIMS AND OBJECTIVES
  1. To understand and appreciate the international and national legislations on various aviation law issues.
  2. To understand how SARPs have been assimilated into the Indian regulations.
  3. To understand the pattern of jurisprudence of passenger rights and compensation.
  4. Identifying and understanding India’s bilateral agreements.
  5. Understanding the competition in the aviation industry in industry and the application of the competition law.
  6. Recent issues in the India-Pakistan Airspace.
  1. HYPOTHESIS

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.

  1. SCOPE AND METHODOLOGY

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.

  1. TENTATIVE CHAPTALIZATION  
  1. Introduction to the Aircraft Industry
    1. International Institutions dealing with air law (Powers,
    2. India and its Regulatory Body
    3. Aircraft Industry in India
      1. Brief overview of the regulators in India
      2. Brief overview of the Central Legislation in India and significant cases
        1. Aircraft Act, 1934 and Aircraft Rules, 1937
        2. The Civil Aviation Requirements
        3. The Aircraft (Carriage of Dangerous Good) Rules, 2003
        4. The Air Corporations Act, 1953
        5. The Airports Authority of India Act, 1994 and Rules
        6. The Carriage by Air Act, 1972
        7. The Tokyo Convention Act, 1975
        8. The Anti-Hijacking Act, 1982
        9. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982
        10. The Airports Economic Regulatory Authority of India Act, 2008
        11. Other Regulations and Notifications
  2. Identifying and Analysing India’s bilateral and multilateral treaties
    1. India’s international commitments in aviation law
    2. India’s commitments in Regional Organisations
      1. SAARC
      2. ASEAN
      3. Others
  3. Passenger Rights and Compensation in India
    1. International Regime on passenger rights and compensation
    2. The pattern of Passenger Rights and Compensation in various jurisdiction
      1. European Union
      2. United States of America
      3. SAARC countries
    3. Judicial pattern in passenger rights
      1. Consumer Court Rulings
      2. Other Courts in India
    4. Comparative Analysis
  4. India and Pakistan Airspace Issue
    1. Sovereignty and Territoriality over Airspace
    2. India-Pakistan Bilateral Agreement
    3. Incidences of airspace banning and analysing the grounds of refusal
  5. Study of competition in the aircraft industry in India
    1. Market Structure
    2. Application of Competition law in the industry
    3. Competition Commission of India on Aviation Industry
  6. SARPs on Safety for international flights and its parallel requirements in Indian Aviation.

 

PROJECT NO.

PARTICULARS

   
  1.  

Introduction to Aviation Industry- India and the World

   
  1.  

India’s bilateral agreement on air law

   
  1.  

Passenger Rights and Compensation

   
  1.  

Sovereignty over Airspace- Case of India & Pakistan

   
  1.  

Study of competition in the market in the Aviation Industry

   
  1.  

SARPs on Safety for International Flights and its parallel requirements in Indian Aviation

   

 

 

 

 

[1] 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.

[2] 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.

[3] Michael Milde, International Air Law and ICAO (2012, Eleven International Publication portland), p. 8-10

[4] Article 1, Chicago Convention.

[5] 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

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:

  • To obtain advanced knowledge of an area of the law having special application to a significant economic and social activity;
  • to understand the reasons and justifications for the different legal treatment of sport and to critically evaluate the worth of such justifications; and
  • To develop practical understanding and professional skills from exposure to the ways in which law may be applied to a field of activity or an industry.

The principal topics that will be addressed in this subject will be:

  • The legal structure and governance of the sporting movement
  • common forms of player employment contracts and team member agreements in use in India;
  • The legal status and significance of the rules of play;
  • Criminal and civil liability for sports injuries including participant to participant responsibility and vicarious liability of employer clubs;
  • anti-doping with particular reference to the UNESCO International Convention Against Doping in Sport, the World Anti-Doping Code, the National Anti-Doping Scheme and illicit drugs policies;
  • Anti-match-fixing laws with particular reference to sporting integrity units;
  • selected legal topics in sports broadcasting and sports marketing including athlete personality rights, the legal status of major sports events and the control of unauthorized broadcasts;

INTENDED LEARNING OUTCOMES

  • An appreciation of the role of law in India and international sport;
  • A sophisticated understanding of the law applying to sport under each of the principal topics;
  • The capacity to critically and independently evaluate that law and be able to engage in informed debate over its sufficiency to serve the interests of key stakeholders in sport; and
  • Through the assessment involving examination, the ability to identify and resolve theoretical and practical problems concerning the application of law to sporting activity.

GENERIC SKILLS

  • Specialist understanding, interpretation, critical evaluation and synthesis of case law, statutory laws and regulatory instruments in India and internationally pertaining to sport;
  • Investigating a research question relevant to this complex field, creatively carrying out research involving diverse sources and preparing a piece of legal writing displaying sophisticated analysis, synthesis and theoretical understanding; and
  • identifying and resolving theoretical and practical problems concerning the application of law to sporting activity in a manner that displays professional judgment.

 

Suggested Contents of Handbook-

    1. Introduction
  • Understanding Sports
  • Brief History of Sports
  • Sports Law: Meaning and Need
  • Sports Bodies: National and International
    1. India and Sports Law
  • Ministry of Youth Affairs and Sports
  • Indian Olympic Association
  • National Sports Policy,2001
  • National Sports Development Bill,2013
  • National Sports Code
  • National Sports Fraud Bill
    1. Women in Sports
  • History of Women Participation
  • Gender Discrimination
  • International Scenario
  • Indian Scenario
  • Medias Role
  • Transsexuals in Sports
    1. Doping
  • WADA,2015
  • Indian Scenario
  • Sanctions
    1. Sports Business
  • Contracts and Sports
  • IPR
  • Sponsorship and Endorsements
  • Sports Merchandising
    1. Betting
  • Gambling Law in India
  • Critical Analysis
  • Cricket Betting
    1. Sports and Employment
  • Sports Jobs and Opportunities
  • Government Support: Budget, Schemes, Policy
  • Challenges in Sports Jobs
  • Sports Entrepreneurship
    1. Taxation and Sports
  • Tax Law: Background
  • Taxation of Non-Resident Sportsman
  • DTAA
  • Tax Exemptions
    1. Sports Broadcasting
  • Media Law in India
  • Prasar Bharti Act and Other Acts
  • Issues in Broadcasting
  • Anti-Siphoning System
    1. Dispute Resolution
  • On Field Dispute Resolution
  • Internal Disciplinary Proceedings
  • ADRs
  • Legal Issues
  • Sport Based Arbitration
  • Match Fixing
    1. Challenges in Sports Law
  • Legality Issue
  • Jurisdiction issue
  • Failure of Law in India
  • Lack of Implementation of Rules
  • Judicial Review

 

Suggestive Case Study-

  1. Commonwealth Games 2010
  2. ICC Governance Review
  3. IPL Probe Report
  4. David Beckham
  5. MS Dhoni

Others-

  1. BCCI Anti Corruption Code
  2. BCCI V. Cricket ass. Of Bihar
  3. Karm Kumars Case- Nationality
  4. FIFA Disputes cases
  5. Churchill Brothers v All India Football Federation
  6. Sreesanths Match Fixing Case
  7. NADA Panel Decisions
criminology-impact-of-stalking-on-the-mental-health-of-the-accused-and-the-victim

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.

Issues:

 1. Effects on:

  • Mental Health of a victim as well as family
  • Social Life of victim as well as family
  • Physical Life of a victim

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. Doctrinal
  • Case Study
  • Research Papers
  • Surveys
  • NCRB Reports
  • Law commission Reports

   

       2.   Empirical

  • Questionnaire- Google forms
  • Interview of lawyers
  • Visit to women safety organisation [ NGO]
  • Girl’s college visit
  • Visit to Women commission
gender-studies

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 

commercial-law-and-constitutional-ambit

 

Introduction

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

  1. Arbitration agreement validity
  • Does the unstamped agreement stays invalid even when the parties have signed it.
  • Difference between seat of arbitration and venue of arbitration. (Union of India v Hardy Exploration and Production (India) Inc unreported 2018)
  • Non-parties to an Arbitration agreement cannot be made parties to Arbitration (R.V. Solution PVT. vs Ajay K.R Dixit and ors.)
  • Power to adopt and Choice of Law

Party autonomy (expressed one's and choice demonstrated with reasonable certainty)

Limitation on choice

Mandatory rules

 

  1. Constitutional validity of various provisions, to be challenged (commercial and economic laws)
  • Company law
  • Money laundering act
  • Insolvency and bankruptcy act

Judgment analysis of Swiss Ribbons v Union of India 2019

 

  1. Reading and summary submission of Commercial Courts act, 2015

 

 

urban-infrastructure

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
physical disabled.
 

              PART I. STREET VENDORS

 

INTRODUCTION
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
services.
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.

 

INTRODUCTION
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.
3.
HYPOTHESIS
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.
SCOPE
1. Only market areas in the jurisdiction of North Delhi Municipal Corporation will be
covered.
2. In the particular market the following will be considered:
a.      Foot over bridges :
i.                 Tactile paths
ii.               Lift
iii.             Ramp
iv.             Grab rails
v.               Audio cues
b.     Subway
i.                 Tactile paths
ii.               Lift
iii.             Ramp
iv.             Grab rails
v.               Audio cues
c.      Washrooms
i.                 Grab rails
ii.               Wheelchair friendly
d.     Footpath
i.                 Tactile Path
ii.               Wheelchair Friendly
e.      Map of the market in Braille form
f.      Specially marked parking slots for differently abled people.
 
METHODOLOGY
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.