ICFAI UNIVERSITY. is going to organize a REFORMS IN PERSONAL LAWS IN INDIA. Problems & Prospects
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1 THE THE ICFAI ICFAI UNIVERSITY UNIVERSITY ICFAI ICFAI LAW LAW SCHOOL SCHOOL is going to organize a NATIONAL SEMINAR on REFORMS IN PERSONAL LAWS IN INDIA Problems & Prospects ON 8th April, 2017 Venue The ICFAI University, Dehradun Rajawala Road, Central Hope Town, Selaqui, Dehradun Pin.: , Uttarakhand
2 The ICFAI University, Dehradun The ICFAI University, Dehradun is established under the provision of the ICFAI University Act, 2003 (Act 16 of 2003) enacted by the State of Uttarakhand. The University is recognized by the University Grants Commission under Section 2(f) of UGC Act, The University is the member of the Association of Commonwealth Universities, London and Association of Indian Universities, New Delhi. The University is located at Selaqui, Dehradun (Uttarakhand). Since its inception, the University has maintained the standard and decorum in the educational environment. It s main objective is to create and disseminate knowledge and impart skills in core areas through innovative educational programs, research and development, thereby developing a new cadre of professionals with high degree of competence and a deep sense of ethics and commitment. The University is global in outlook and cosmopolitan in character. It is focused on four vital disciplines of Law, Management, Engineering and Education. The programs are structured in a way so as to impart the students with quality education, quality research and industry interface. ICFAI Law School ICFAI Law School (formerly known as Faculty of Law) is one of the constituent bodies of the ICFAI University, Dehradun. ICFAI Law School (ILS), The ICFAI University, Dehradun is established with an objective of developing a new generation legal professionals through comprehensive and contemporary body of integrated knowledge of Law, Management and Social Sciences. The law programs (BBA. LL.B. (Hons.), B.A. LL.B. (Hons.) and LL.B.) at ILS are duly recognised by the Bar Council of India. In addition to it the LL.M. and Ph.D. programs are also offered at ILS. These programs have a ine blend of theoretical learning and practical training to sharpen the professional knowledge and skill sets of the students to transform them as leaders in the legal profession. ILS is committed to shape a new cadre of legal professionals through a comprehensive and contemporary body of integrated knowledge of law, management and Social Sciences and rigorous education and research programs. ILS has the social responsibility of continuing to be a centre of excellence in the ield of legal education, a position which it came to occupy within a short span of time. Globalization has thrown up new challenges and the professional legal education has to cater to the growing demands for skilled legal professionals who can effectively function in the emerging th legal order. ICFAI Law School is Ranked 16 among top 20 law colleges of India by India Today rd Neilsen Survey, 2016 and Ranked 3 among top 20 private law colleges of India by Flair Honours.
3 Concept Note A 35 years old Muslim woman Shayara Bano, recently moved the Supreme Court of India seeking a ban on instantaneous triple talaq (Talaq-e-Biddat), Polygamy, Halala. Her petition in the Supreme Court makes no mention of the Uniform Civil Code, neither does it ask for codi ication of Muslim Personal Law. She has sought equality before law and protection against discrimination on the basis of her gender and religion. She challenged a personal law practice citing her fundamental rights. As the Supreme Court of India is adjudicating the matter by constituting Constitutional Bench, no decision has been taken yet. The Secretary of All India Muslim Personal Board (AIMPB) as respondent number 7 in the writ petition, iled its counter af idavit Contending that the present petition does not fall within the Judicial Review. It was further submitted that personal laws do not derive their validity on the ground that they have been passed or made by a legislature or other competent authority in the territory of India. The founding sources of both the Hindu and Mohammeden laws are their respective scriptural texts. The basic principles which are the basis of Hindu/Muslim/Christian personal laws are peculiar to their own religion which can not be challenged on the ground of being violative of Part-III of the Constitution of India. However many others had expressed their views that both Hindu and Muslim and religious personal laws in general emerged out of socio-political considerations like any other law, which rely on the coercive power of the State for their authority. It is untenable therefore to think that the body of laws referred to as personal laws derive their validity from religion, rather than the state. They further submitted that personal law so called is law by virtue of the sanction of the sovereign behind it and is for the very reason, enforceable through court. Neither Manu nor Muhammad, but the monarch for the time makes 'personal law' enforceable. It is the state legislative authority that is the basis of personal law. Moreover Article 25 (2) of the Constitution of India enabling the state to enact laws provides for social welfare reforms. In order to introduce social welfare reforms, is it not permissible to change the evil practices as done in pursuance of such personal laws in the name of religion? It is high time that the academicians, lawyers, judges, social scientists, law reformers, researchers and law students should sit together to ind out the viable issues, challenges and solutions for the reform of personal laws.
4 Concept Note- continued This one day National Seminar aims to focus on the aforesaid and many other issues, challenges and opportunities relating to the reform of personal laws and searching for pragmatic solutions of problematic issues. We hope that the suggestions, recommendations and resolutions from this seminar will be of immense value and will pave the way for the judges, lawyers, policy makers and law makers to come out with viable solutions. The Seminar will focus on following Issues/ Sub-themes Ø Need for Reforms in Personal Laws in India: An Analysis. Ø Scope of Reforms in Personal Laws is a matter of Legislative Policy. Ø Authoritative sources behind Personal Laws in India and Role of Religion to control the Personal Laws. Ø Challenging of Personal Laws under Part- III of the Constitution of India. Ø Accountability of Secular State for violations caused by the operation of Personal Laws. Ø Scope of re-writting the Personal Laws of a community for social reforms. Ø Scope of Judicial Interpretation over the matter of Personal Laws based on religious scriptures in India. Ø Whether for reforms, it is permissible to change the practices or acts done in pursuance of religion? Ø Scope of Reforms in Personal Laws vis-a-vis religious communities in India. Ø Scope of Introduction of Uniform Civil Code in India Above identi ied issues /sub. themes / are only illustrative. Participants may select the related topics covered under the main theme.
5 Chief Patron Dr. Pawan K. Aggarwal, Hon'ble Vice- Chancellor, The ICFAI University, Dehradun Patron Dr. Hari Mohan Mittal, Dean ILS, The ICFAI University, Dehradun Advisory Committee [Hon'ble Justice K. D. Shahi, (Retd.) Judge Allahabad High Court. [Prof. (Dr.) Y. R. Haragopal Reddy, Former V. C. Acharya Nagarjuna University, Guntur, A.P., Advisor ICFAI Society, Hyderabad. [Prof. Sukh Pal Singh, Hon ble V. C. HNLU, Raipur, Chattisgarh. [Prof. B. C. Nirmal, Hon'ble V. C. NUSRL, Ranchi, Jharkhand. [Prof. A. V. Narsimha Rao, Dean, ILS, IFHE, Hyderabad. [Prof. S. K. Bhatnagar, Dean, School For Legal Studies, BBAU Central University, Lucknow. [Prof. S. D. Sharma, Dean, Faculty of law, Kumaun University, Nainital. [Prof. D. K. Sharma, Dean, Law School, B.H.U. [Prof. Priti Saxena, HOD, Deptt. of Human Rights, Former Dean, School for Legal Studies, BBAU, Central University, Lucknow. [Prof. R. K. Chaubey, Head Deptt. of Law, University of Allahabad. [Prof. S. C. Gupta, Deptt. of law, H.N.B. Garhwal University, Srinagar, Uttarakhand. [Prof. R. P. Rai, Law School, B.H.U. [Prof. S. K. Gupta, Law School, B.H.U. [Dr. Yogesh Pratap Singh, Associate Prof. NLU, Cuttack/ Deputy Registrar, Supreme Court. Organising Committee wprof. (Dr.) Hari Mohan Mittal, Director, National Seminar wmrs. Monica Kharola- Joint Director, National Seminar wmr. Alok Kumar- Organizing Secretary, National Seminar wmr. Avishek Raj- Joint Organizing Secretary, National Seminar wdr. Akhilesh Kumar Pandey- Treasurer, National Seminar
6 Call For Papers Research papers/articles and Case Studies from legal fraternity are invited for presentation in the national seminar. Communication of acceptance will be sent to authors for presentation. Co-authorship is allowed, but each author is required to register and pay the registration fees individually. Important Dates Last date for Abstract Submission: 25th March 2017 Last Date for Communication of Acceptance of Abstract: 31st March 2017 Last Date for Submission of Full Paper: 5th April 2017 The abstract and full length paper must include Title, Author(s) Name & Designation, Name of the institution of the researcher and address. Submission Guidelines vthe submission shall consist of an abstract and full paper. van abstract shall not be more than 250 words excluding title and keywords. vthe length of the paper should not exceed 3000 words. vfootnotes must conform to the authoritative standard, rules of legal citation and must include a description of each authority adequate enough to allow a reasonable reader to identify and locate the authority in a publication of general circulation. vpaper in MS Word format with the subject National Seminar on Reforms in Personal Laws in India: Problems & Prospects. vcover page must contain name, nationality, , contact number, and name of the college/ university along with the address of the participants. vin case of co-authorship, the covering letter should include details of all the authors. vsubmission of abstract and full paper must be made to nationalseminar.ilsiud@gmail.com vdelegates must submit the hard copy of his/her paper on the day of seminar, at registration desk.. vthe paper should be in the following format: Font Type: Times New Roman Font Size: 12 Line Spacing: 1.5 Foot Note Size: 10pt
7 Registration Details Delegate Categories Upto 25th March2017 After 25th March 2017/ On Spot Registration Students/ Research Scholars Rs. 500/- Rs. 600/- Advocates/ Academicians Rs. 800/- Rs.1000/- Payment should be made by cash/ demand draft (any nationalized Bank)/ NEFT/ RTGS. No T.A. & D.A. shall be provided to delegates by the organizers. Other details regarding Seminar can be obtained from the Organising Secretary / Co-ordinator. Account Details The demand Draft shall be drawn in the favour of The ICFAI University Imprest Account payable at Dehradun and must be sent to Mrs. Monica Kharola (Faculty) Joint Director of the National Seminar on Reforms in Personal Laws in India: Problems & Prospects ICFAI Law School, The ICFAI University, Dehradun Rajawala Road, Central Hope Town, Selaqui, Dehradun, Pin Contact no.: / For NEFT/ RTGS Bank-HDFC Bank, Branch- 56 Rajpur Road- Dehradun, Current A/C no , IFSC Code- HDFC To con irm the registration, the scanned copy of the demand draft/ transaction no. must be ed to nationalseminar.ilsiud@gmail.com Accommodation ICFAI Law School, The ICFAI University, Dehradun will arrange accommodation on prior intimation for the delegates on twin sharing Rent, bedding, complementary breakfast and dinner) per person per day. The weather is expected to be pleasant at that time.
8 Address For Correspondence Mrs. Monica Kharola (Faculty) Joint Director Of the National Seminar on Reforms in Personal Laws In India: Problems & Prospects ICFAI Law School, The ICFAI University, Dehradun Rajawala Road, Central Hope Town, Selaqui, Dehradun , , Some Important Contacts For any details and query such as Registration, transportation, accommodation etc. contact to the following: j Amarjeet Ranjan - ) (+91) amarjeetranjan.ilsicfai@gmail.com kvishal Parashar - ) (+91) vishalparashar.ilsicfai@gmail.com ltamana Kaushik - ) (+91) tamanakaushik.ilsicfai@gmail.com
9 THE ICFAI UNIVERSITY, DEHRADUN Rajawala Road, Central Hope Town, Selaqui, Dehradun NATIONAL SEMINAR on Reforms in Personal Laws in India: Problems & Prospects Scheduled on 8th April, 2017 Organized by: ICFAI Law School Registration Form Submit to Name:... Designation:... Organization:... Phone/ Mobile: Title Of Paper: (use capital letters)... Oral Presentation / Poster Presentation Name of the Presenter: (in capital letters)... Co-Author (s): Postal Address: Phone/ Mobile: Registration: Cash/ DD/ Online DD No./ Transaction No. :... Bank:... Receipt No. :... Accommodation will be available on a nominal payment basis- (tick on the appropriate) Yes / No Dated: / / 2017 Signature
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