INTERNATIONAL JOURNAL OF SOCIO LEGAL RESEARCH

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2 INTERNATIONAL JOURNAL OF SOCIO LEGAL RESEARCH Volume 1 Issue 2 February 2015 ISSN editorijslr@gmail.com Website-

3 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of International Journal of Socio Legal Research (Hereinafter referred to as IJSLR ). The Editorial Team of IJSLR holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJSLR. Though all efforts are made to ensure the accuracy and correctness of the information published, the Editorial Team of IJSLR is not responsible for any errors caused due to oversight or otherwise. IJSLR, February, 2015, All Rights Reserved

4 EDITORIAL TEAM Editors-in-chief Dr. J. Uma Rao Ayush Jaiswal Executive Editors V. Aneesha Varahagiri Harsh Vardhan Dhanik Kushagra Sah Swapnil Srivastava Managing Editors Ayushi Srivastava Gunjan Saxena Suvid Chaturvedi Mugdha Tomar Editors Saurabh Tiwary Vinti Agarwal Legal Advisor Adv. Sanjeev Jaiswal Public Relations & Finance Mamta Jaiswal Priyanka Srinivas Sreerangam Editor-in-chief, IJSLR, February 2015 Typeset and Printed in India IJSLR, International Journal of Socio Legal Research (ISSN ) is a student edited, peer reviewed quarterly publication which focuses on all aspects of law. IJSLR aims to facilitate students, teachers, scholars and others interested in the field to write articles on various contemporary issues and current trends in law.

5 EDITORIAL Aristotle once said The law is reason free from passion. He also said many other things, but we chose this quote because we have different view! As said by Elle Woods in Legally Blonde passion is a key ingredient to the study and practice of Law and Life. To us, passion is the wind that blows every ship its course (with the moist being your will). Without passion for Law, without a zeal for the daunting task of going through numerous four inch thick books, the study of law is futile. It is with this thought in mind that we have begun the International Journal of Socio-Legal Research. It is our hope that we re-ignite those smouldering embers of passion that lie buried inside us, waiting for that elusive spark. -Team IJSLR

6 Acknowledgement We sincerely thank Mr. Shaik Mohmmed Ismail, Founder and Editor-in-Chief of Indian Journal of Legal Philosophy, who has been instrumental in realization of the dream of IJSLR. Without your guidance and support, establishment of IJSLR would have been a distinct reality, Sir! We express our heartfelt gratitude to all our teachers who instilled in us, the enthusiasm and confidence to come up with IJSLR. We are extremely thankful to Dr. K. Sudha, Assistant Professor, Damodaram Sanjivayya National Law University (DSNLU), Vizag and Ms. T.Y. Nirmala Devi, Teacher Associate, DSNLU, Vizag and our parents for their advice and encouragement. A special acknowledgement is deserved to all the authors, for choosing IJSLR as the stage to showcase their views.

7 CONTENTS- 1. CONTRASTING CONTOURS OF THE FREEDOM OF 1 EXPRESSION IN MODERN TIMES Prachi Suri & Rishika 2. SHABNAM HASHMI CASE: UNIFORM CIVIL CODE 14 REVISITED Saisha Orke & Zahra Aziz 3. THE IMPLICATION OF NETWORK EFFECTS FOR 27 COMPETITION LAW Swechha Malik 4. THE LEGAL & MORAL VIABILITY OF DEATH 36 SENTENCE AS A DETERRENT IN SEXUAL OFFENCES Anmol Sinha 5. EVOLUTION OF THE RIGHT TO SELF-DETERMINATION 48 IN INTERNATIONAL LAW Vishnu Nair & Anuradha P Nair 6. REGULATING DRUG USE IN INDIA: A RIGHTS-BASED 58 PERSPECTIVE Kawal deep Kour 7. PROTECTION OF PRISONERS OF WAR 70 ORIGINS, CONVENTIONS AND STATUS Derick Haokip 8. ENVIRONMENTAL CONSCIOUSNESS: 78 THE NEED OF THE HOUR Mohit Chhibber 9. CHEMICAL CASTRATION AS A FORM OF 88 PUNISHMENT: COMPARING INDIA AND U.K Pritika Jain 10. SECULARISM IN INDIAN SOCIETY 99 Akshay Singh and Surbhi Vyas 11. RELATIONS OF ENVIRONMENTAL LAW WITH 112 HR AND IHL: A COMPARATIVE ANALYSIS Mazharul Islam 12. CRITICAL ANALYSIS OF MARRIAGE LAWS IN INDIA 125 Sreeja 13. INTERNATIONAL SURROGACY IN INDIA: 145 A CRITICAL OVERVIEW Melisha Tresa Charles & Shubhangi Tewari

8 14. SHOOTING FOR THE STARS: HISTORY AND 160 FUTURE OF INDIA S SPACE POLICY Mritunjay Singh Champawat & Vipul Kumar Tiwari 15. DOMESTIC VIOLENCE- A PSYCHO-LEGAL PERSPECTIVE 173 Rhea Narula & Govind Chowdhri 16. WOMEN EMPOWERMENT: CHALLENGES & PROSPECTS 185 Meher Jahan & Abdullah Azzam 17. TRAIL SMELTER ARBITRATION 199 (UNITED STATES V. CANADA) Prachi Singh 18. SOCIAL SECURITY LEGISLATIONS IN INDIA 209 Anjali 19. BECAUSE I AM A STRANGER : LEGAL STATUS 221 OF REFUGEES IN INDIA Chhaya Singh & Sagrika Semwal 20. PRIVACY ON THE INTERNET FROM MYTH 235 TO REALITY Gurpreet Kaur Johal 21. THE RIGHT TO DEVELOPMENT - IN LIGHT OF 251 THE RIGHTS OF MINORITIES AND INDIGENEOUS PEOPLES Harshita Choubey & Supriya B Aakulu 22. LEGAL CHALLENGES OF COMMERCIAL SURROGACY 263 FOR FERTILITY TOURISM IN INDIA Zubair Ahmed Khan 23. INDEPENDENCE OF JUDICIARY AND PROCEDURE 283 OF JUDICIAL APPOINTMENTS IN INDIA Nimisha Mishra 24. LGBT COMMUNITIES AND HUMAN RIGHTS 302 Shibani Sen 25. EXCLUSIVE RIGHTS OF PATENTEE vis-à-vis 314 COMPULSORY LICENCING: A CRITICAL ANALYSIS IN THE LIGHT OF NATCO v. BAYER Mayank Kaplia & Vinay Prakash Singh 26. FREEDOM OF SPEECH AND EXPRESSION IN 329 SOCIAL MEDIA: CHECKS AND BALANCES Rajashree.K & Ujwala 27. PROTECTION OF JOURNALISTS UNDER 341 INTERNATIONAL LAW Kartikeya Joshi & Aditi Chadha

9 28. PROBLEMS AND PROSPECTIVE IN JUDICIAL 353 DELAYS IN HIGH COURTS IN INDIA Adit Kesarwani 29. LEGAL STATUS OF GAY MARRIAGES IN INDIA 368 Shristi Sinha & Sanmati Raonka