This issue contains five research papers. In the first paper, “Right to Work as a
Fundamental Right in India: An Overview”, the author, J Adinarayana, attempts
to focus on the manner in which right to work has been identified and articulated within both the international arena and India and highlights the situations where it is closely related to other basic rights such as the right to life, right to education and the right to food. This paper attempts to emphasize that the right to work should be recognized by the State as a justifiable right so as to achieve the objective of the Indian Constitution. The author highlights the role of judiciary in bringing the right to work as a justifiable right within the ambit of Article 21 so as to make the right to life more meaningful.
The second paper, “The Krishna River Water Dispute: No End in Sight?”, by J Uma Rao, focuses on the current degree of politicization of interstate water disputes in India. In this paper, the author points out that there are not enough effective guidelines, an accepted set of parameters and indicators to resolve conflicts arising from transboundary river-water sharing issues. This paper highlights the importance of setting up the Inter state Council and traces out the statutory framework evolved over time in bringing about an amicable and satisfactory solution in respect of interstate river water disputes. The author observes that these institutions indeed cannot supplant the legal machinery in place but may effectively supplement it in tackling the intricacies and the problems within the current framework.
The third paper, “The Concept of Originality Under Copyright Law: An Analysis of Judicial Interpretation and Juristic Opinions”, by Aftab Jeelani Wani, attempts to incorporate the recent case law and legislative developments focusing on the standard of ‘originality’ under copyright law. This paper attempts to examine the varying interpretations at different national and international levels of the concept of ‘originality’ as a sine qua non for grant of copyright protection. The author observes that the various approaches brought forth through the judicial decisions and academic deliberations have put limits as to what can be protected by copyright law.
The fourth paper, “The Dumping Scenario and the Regulatory Framework to Safeguard Domestic Industry in India”, by Annapurna Devi Munaganti, focuses on the dumping situation in India and international scenario, and the issue of origin of goods and the process to determine dumping in India and other countries. This paper discusses the regulatory framework in India and the role of authorized body in curbing such dumping menace. The author also hihglights some instances where India has successfully placed her concerns at the international stages. The author suggests that there should be strict observance of antidumping duties by the regulatory authorities as a measure for protecting the domestic industry from uncontrolled influxes of foreign dumped goods.
The last paper, “Poverty and Human Rights”, by Mallika Ramachandran, attempts to evaluate the Constitutional framework and various legislations enacted to ensure social justice and basic necessities to people. This paper throws light on the constitutional schemes and governmental measures which aim to end the human right violations that drive and deepen global poverty. The author seeks to examine the role of Indian judiciary in recognizing some of the nonenforceable social and economic rights as part of fundamental rights and providing mechanisms for access to justice, through its creative interpretation of the right to life in a meaningful manner.
-- V Hemalatha Devi
Consulting Editor
