This issue contains six research papers. The first paper, “Admissibility of Scientific
Evidence: Judicial Trends in India”, by Syed Maswood, highlights how the
development of science and technology has a direct impact on the administration of justice system, with particular reference to the wide range of newly acquired scientific knowledge and advanced technology in forensic science. The author points out that so far as the admissibility of scientific evidence in Indian courts is concerned, there is no uniform judicial opinion regarding the evidentiary value and acceptability of forensic reports, and emphasizes that new legal and administrative measures are required to bring forensic science into the main fold of administration of criminal justice in India.
The second paper, “Towards Recognition of Environmental Refugees: Exploring Various Options”, by Sairam Bhat and Kaiser Manzoor, highlights some possible solutions, proposed by many scholars, that could lend international protection to environmental refugees. This paper discusses the various suggestions put forth by scholars and the merits and demerits of each.
The third paper, “Judiciary as a Change Agent for Gender Justice: A Study of PIL Cases in India”, by Iftikhar Hussain Bhat, focuses on how public interest litigation in India has successfully opened spaces for women’s empowerment and spurred the other branches of government into action. The author opines that strengthening the collaborations between ground-level activists and lawyers, building public support, working with the media and national statutory bodies, and maintaining advocacy efforts with the other branches of government are all significant to the success of a PIL case, especially with regard to redressing the violations against women who would otherwise have little or no access to the justice system.
In the fourth paper, “Evolution of the Relationship Between Fundamental Rights and Directive Principles Under the Constitution of India”, the author, Achyutananda Mishra, stresses on the creative interpretation of the Fundamental Rights and Directive Principles by the Supreme Court of India and the Parliament in bringing about successive amendments to the Constitution of India with a view to achieving the objectives of the socioeconomic equality and political justice in our country.
In the fifth paper, “Evolution of Farmers’ Rights in Intellectual Property Regime: International and Indian Perspective”, the author, Showkat Hussain, examines the aspects of the Intellectual Property Rights (IPRs) of the plant breeders and other international conventions, viz., the International Undertaking on Plant Genetic Resources (IU), the Convention on Biological Diversity, TRIPs Agreement and International Treaty on Plant Genetic Resources for Food and Agriculture, 2001, which are relevant to the construction of ownership and control of plant genetic resources in global debates on plant variety protection. The author seeks to highlight the importance of the farmer’s rights that are recognized both at the international and national levels.
In the last paper, “Protecting the Performers’ Rights: An Analysis of the Relevant Law in the Indian Copyright Regime”, the author, Aftab Jeelani Wani attempts to analyze the development of law relating to the performers’ rights in the Indian copyright regime under the influence of different international agreements, and how far the provisions of the Copyright Amendment Act 2012 in India, with respect to performers’ rights, have made the Indian Law compatible with different international instruments. Further, the author seeks to point out that the term of protection granted under the Indian Law and International Agreements seems inadequate so far as the performers are concerned.
-- V Hemalatha Devi
Consulting Editor
