INTERNATIONAL JOURNAL OF LEGAL RESEARCH

Transcription

1 INTERNATIONAL JOURNAL OF LEGAL RESEARCH - Website-

2 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 legal Research (Hereinafter referred to as IJLR ). The Editorial Team of IJLR 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 IJLR. Though all efforts are made to ensure the accuracy and correctness of the information published, the Editorial Team of IJLR is not responsible for any errors caused due to oversight or otherwise. IJLR, September, 2014, All Rights Reserved

3 EDITORIAL TEAM Editor-in-chief Ayush Jaiswal Executive Editors Ankit Agrawal Parth Desai Abhinav Tewari Managing Editors P. Sravya Sindhuri Sravanthi Bhamidi V. Aneesha Varahagiri Editors Riya Verma Amandeep Singh Public Relations Manager Priyanka Srinivas Srirangam Editor-in-chief, IJLR, September 2014 Typeset and Printed in India IJLR, International Journal of Legal Research (ISSN ) is a student edited, peer reviewed quarterly publication which focuses on all aspects of law. IJLR aims to facilitate students, teachers, scholars and others interested in the field to write articles on various contemporary issues and current trends in law.

4 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 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 IJLR

5 Dedicated to our all-time favourite Dr. K. Sudha Assistant Professor, DSNLU- Vizag The aesthetics of being able to think, write, propound and propagate any notion comes only when that one person holding your finger and an illuminant in another showing you the right way thought, reason and philosophy, stays like this always. Such is your place in our life ma am! Dedicating our first efforts to you our teacher of good and bad, we wish that your graceful hands remain upon us, always.

6 SPECIAL THANKS TO FAMILY

7 Acknowledgement We express our heartfelt gratitude to Prof. R.G.B. Bhagavath Kumar, Vice Chancellor, DSNLU, Prof. P. Sudhakar, Registrar, DSNLU and all our teachers who instilled in us, the enthusiasm and confidence to come up with IJLR. We sincerely thank Mr. Shaik Mohmmed Ismail who has been instrumental in realization of the dream of IJLR. Without your guidance and support, establishment of IJLR would have been a distinct reality, Sir! We are extremely thankful to Adv. Hume Sastry Burra, Dr. J. Uma Rao and our parents for their advice and encouragement. A special acknowledgement is deserved to all the authors, for choosing IJLR as the stage to showcase their views.

8 CONTENTS 1. NIRBHAYA ACT VIS-À-VIS THE CR.PC. 1 Ayush Jaiswal 2. INDIGENOUS PEOPLES AND THE DANGEROUS 14 EFFECTS OF CLIMATE CHANGE: THE ROLE OF THE UNITED NATIONS PERMANENT FORUM ON INDIGENOUS ISSUES (UNPFII) Handa S. Abidin 3. THE POLITICS OF GENDER AND SEXUALITY PREJUDICE 26 AGAINST WOMEN IN NIGERIA: A LOOK AT THE NIGERIAN LEGAL STATUTES Dr. Fatima Waziri Azi 4. PROBLEMS OF DOMESTIC SERVANTS IN INDIA: UNTOLD 37 STORIES AND UNHEARD CRIES Dr. Komal Vig 5. TRADITIONAL KNOWLEDGE DIGITAL LIBRARY (TKDL) 47 AND LEGAL PROTECTION OF TRADITIONAL KNOWLEDGE (TK) IN INDIA: A REVIEW DR. PRADIP KUMAR DAS 6. KASHMIR IS AN INTEGRAL PART OF INDIA 62 Dr. Pradeepta Kishore Sahoo 7. LEGAL CONTROL OF DRUGS AND PUBLIC HEALTH 74 Dr.Sudhansu Ranjan Mohapatra 8. JOINT CRIMINAL ENTERPRISE & ROME STATUTE 85 Om Prakash Gautam 9. THE AKAYESU JURISPRUDENCE: TOWARDS RECOGNISING 96 RAPE AS AN ACT OF GENOCIDE Astha Tripathi and Nirbhay Prakash 10. TYPOLOGY OF CYBER CRIME 109 Vatsla Sharma 11. MEDICAL PRACTICE VIS-A-VIS MEDICAL NEGLIGENCE 130 Rajni Nanda

9 12. MILLENNIUM DEVELOPMENT GOALS - GENDER AND 142 DEVELOPMENT- SOCIO- LEGAL PERSPECTIVES AND THE ROLE OF JUDICIARY R.V Vishnukumar and Prof. M. Lakshmipathi Raju 13. AGE DISCRIMINATION IN PUBLIC EMPLOYMENT IN INDIA 180 Bikash Baruah 14. ISLAMIC LAW OF INHERITANCE WITH SPECIAL 189 REFERENCE TO WOMEN S RIGHTS S. Fatima Zahara Jafri 15. INTERNATIONAL COURT OF JUSTICE: DECISION 200 COMPLIANCE AS AN IMMEDIATE CONCERN Prof. Vivek V. Nemane and Ujwal P. Nandekar 16. ROLE OF FAMILY MANAGED BUSINESS IN THE ERA OF 213 GLOBALIZATION Shreya Bhattacharjee 17. PRIVACY IN INDIA: LAW AND JURIDICAL CONCERN 234 Dr.Rehana Parveen and Dr.Emna Chikhaoui 18. INTERNAL DISPLACEMENT IN INDIA WITH SPECIAL 248 REFERENCE TO IDPS IN KASHMIR Abidha Beegum V.S 19. EUTHANASIA: A COMPARATIVE STUDY OF JUDICIAL 258 TREND IN INDIA AND OTHER COUNTRIES Ms. Shilpi Sharma 20. MEDIATION - A DENIAL OF ACCESS TO JUSTICE 272 Ambrina Khan 21. PRINCIPLE OF PARTY AUTONOMY IN INTERNATONAL 278 RIYAM OF ARBITRATION Pallavi Bajpai 22. CHILD LABOUR LAWS IN INDIA- 296 A CRITICAL EVALUATION Priya R