INTERNATIONAL JOURNAL OF SOCIO LEGAL RESEARCH

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1 INTERNATIONAL JOURNAL OF SOCIO LEGAL RESEARCH ISSN 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 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, November, 2014, All Rights Reserved

3 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, November 2014 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.

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 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

5 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.

6 CONTENTS- 1. THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW IN INTERNAL ARMED CONFLICTS IN SUB SAHARAN AFRICA: A SYMBIOSIS OR SYNTHESIS 1 Yomi Olukolu 2. MEDICAL ETHICS: MEDICAL NEGILIGENCE AND CONSUMER PROTECTION ACT ANALYSIS 26 Dr. B. Venugopal 3. MEDICAL ACCOUNTABILITY AND THE RULES OF NEGLIGENCE IN INDIAN LEGAL SYSTEM 37 Ms. Aishwarya Kadam 4. HANDLING INTERNATIONAL ECONOMIC LAWS ALONGWITH SUSTAINABLE DEVELOPMENT AND ECONOMIC DEVELOPMENT 51 Vinod Kapoor & Priya Nagpal 5. PROSTITUTION- A REASON FOR HUMAN TRAFFICKING 66 Prachi Singh & Risha Qureshi 6. NEXUS BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW 80 Neha Mishra & Subhransu Mohapatra 7. LIBERTY OF THE PRESS VIS-À-VIS PRE-CENSORSHIP OF PUBLICATION 92 Shweta Mallya & Rahul Dev 8. CONSUMER PROTECTION VIS-À-VIS SERVICE AND OTHER SECTORS 104 Ayush Jaiswal & V. Aneesha Varahagiri 9. INDIA AND HOMOSEXUAL MATRIMONY: A SOCIO-LEGAL PERSPECTIVE 119 Anurag Dasgupta 10. A SHORT INTRODUCTION TO THE DEBATES AND POLITICS OF THE FDA AND THE PHARMACEUTICAL INDUSTRY 134 Alaukik Shrivastava & Saakshi Sharma 11. GLOBAL INTERNET CENSORSHIP AND THE NEED FOR COMPREHENSIVE REGULATORY MECHANISM 145 S.L.Sriram

7 12. INTELLECTUAL PROPERTY RIGHTS VERSUS RIGHT TO HEALTH: INDIA S STAND 161 A.Ashwin Kumar & Niharika Kumari 13. DOCTRINE OF STATE ACTION AND DEFINITION OF STATE AS UNDER ART.12 OF THE CONSTITUTION 174 Roopal Tripathi 14. REHABILITATION AND REPARATION OF RAPE VICITMS 196 Utkarsh Ravi 15. DEVELOPMENT OF HUMAN RIGHTS: INDIAN AND INTERNATIONAL PERSPECTIVE 209 Malika Nandkeolyar 16. DOMESTIC VIOLENCE IN INDIA INTERNATIONAL FRAMEWORK: ARE WE IN ACCORDANCE? 224 Arun Bhadauria 17. CONSUMER PROTECTION IN THE INDUSTRIAL SECTOR 238 Anjaneya Singh & Arup Sinha 18. A PARODY OF PHISHING: CYBER LEGAL ANGLE 252 Ajay Dabla & Mannat Singh 19. TRIAL BY MEDIA: PARADIGM MECHANISM OF RIGHT TO FAIR TRIAL 266 Mandobi Chowdhury & Shayan Ghosh 20. CHANGING JUDICIAL TRENDS AND PERCEPTIONS TOWARDS RAPE VICTIMS IN INDIA 277 Vidya V Devan