Right to Work as a Fundamental Right in India: An Overview

--J Adinarayana

The right to work means that people have a human right to work or engage in productive employment and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights (UDHR) and recognized in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.The preamble to the constitution secures social, economic and political justice to all citizens of India. The same resolve is more elaborately repeated in DPSP which, among others, specifically require the state to minimize the inequalities in income and to eliminate inequalities in status, facilities and opportunities as well as to direct its policy towards ensuring that "the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good" and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. At one time, FRs were having primacy over DPSP. But in recent times, some DPSP have transformed into and become an integral part of the named FRs under part III. Therefore, the sanction of the state or the judiciary is needed for the enforcement of DPSP.

© 2014 IUP. All Rights Reserved.

The Krishna River Water Dispute: No End in Sight?

--J Uma Rao

Water flows downward irrespective of boundaries demarcated by man. The geographical features are such that in India, many major rivers flow through political boundary of one or more states and have been a source of potential conflict. The nation has tried to resolve the conflicts using the constitutional machinery and the statutory framework evolved over time, but the political climate and culture prevalent in the country as at present have not proved to be conducive to the same, resulting in protracted settlement and adjudicatory processes, not helping any particular state. The Krishna water dispute is among these and has had a long history, not being satisfactorily settled till date. This paper traces the constitutional machinery and the statutory framework evolved over time, the main reasons for inter-state river water disputes, before discussing in some detail the Krishna river water dispute. The paper concludes that politicisation of inter-state water disputes is a hard fact that cannot be overlooked. Apparently, political compulsions of different parties and the perceived needs of the population of the states have been accentuating these disputes. Thus, institutional machinery has to be established whereby exchange of information, negotiations and collaborations can take place. These institutions may not and indeed cannot supplant the legal machinery in place, but may effectively supplement it. The proposed setting up of inter-state council, under Article 263, may be a step in the right direction.

© 2014 IUP. All Rights Reserved.

The Concept of Originality Under Copyright Law: An Analysis of Judicial Interpretation and Juristic Opinions

--Aftab Jeelani Wani

The sine qua non for statutory copyright protection to a literary, dramatic, musical and artistic work under any legal system is that the work must be ‘original’. But no copyright law, whether national or international, has provided any sort of definition or meaning as to what the term ‘original’ in the context of the subject means. The matter, therefore, has been left open for the national courts to determine and legal fraternity to ponder upon. As such, different theories have developed across the globe in relation to the meaning of the term ‘original’ under copyright law. The interpretation of the term ‘original’ has significant legal consequences as it has a direct bearing on the question of as to what qualifies for the subject matter of copyright and what not and is, therefore, an important aid in deciding the cases of infringement of copyrighted works. This paper analyzes the various aspects of the concept of ‘originality’ at international and national levels including the approach of the Supreme Court of India vis-à-vis interpretation of the term ‘original’ as a sine qua non for grant of copyright protection.

© 2014 IUP All Rights Reserved.

The Dumping Scenario and the Regulatory Framework to Safeguard Domestic Industry in India

--Annapurna Devi Munaganti

In the post General Agreement on Tariff and Trade (GATT) era, all the world countries have changed their mindset from closed economy to open economy. This has laid a path for free market access for all the member countries. Further, the principles of Most Favored Nations (MFN) Treatment and National Treatment (NT) have removed the discrimination between countries with regard to domestic and foreign goods and services. Though this kind of initiative is applauded in the international trade scenario, it has some negative facets due to which the domestic industry is facing uncontrolled influxes of foreign dumped goods. This paper explains the dumping situation in India and the international scenario, and the issue of origin of goods and the process to determine dumping in India and other countries. This paper also talks the regulatory framework in India and the role of authorized body in curbing such dumping menace. It further highlights some instances where India successfully expressed her concerns at the international stages. It also highlights India’s failure to prevent dumping, and finally offers remedies and conclusion.

© 2014 IUP. All Rights Reserved.

Poverty and Human Rights

--Mallika Ramachandran

Poverty represents a situation where people lack access to sufficient income, resources and opportunities whereby they can lead a life with dignity. In fact, it is a situation in which, at times, even their very survival is in question. Persons living in poverty thus are unable to enjoy their basic human rights, particularly social and economic rights. Poverty is seen as both a ‘cause-and-effect’ of the violation of human rights. This paper seeks to look into the issue of poverty in the light of human rights. The paper studies the constitutional framework and various legislations enacted towards ensuring social justice and basic necessities to people. Some of the schemes introduced by the government in this regard are also considered. Finally, the role of the judiciary in ensuring access to justice to the disadvantaged sections of society and securing the social and economic rights of persons through its creative interpretation of the right to life is discussed.

© 2014 IUP. All Rights Reserved.