This issue contains five papers. The first paper, “Dilemma in Defining the
Conceptual Framework of Mergers and Acquisitions in India: An Analysis”, by
Mangala Hiwarale, takes a close look at the various terminologies associated with mergers and acquisitions under the Companies Act and analyzes the various fundamental concepts with reference to mergers and acquisitions under the Companies Act. The author outlines the current applicable legislation, detailing the existing law, its interpretation along with judicial precedents that clarify when and how the provisions apply to each transaction. The author opines that these concepts need to be explained and understood before any analysis of the legal framework regulating mergers and acquisitions in India.
The second paper, “Corporate Social Responsibility: Responsibility or Obligation?”, by K Sita Manikyam, moves around developing an understanding about Corporate Social Responsibility (CSR), delving into its concept and finding out its scope for effective implementation. The author seeks to suggest that the Government should consider rewarding and recognizing corporate houses and their partners
non-governmental organizations for implementing projects that effectively cover the poor and the underprivileged. The author sets forth the criteria to greater transparency in CSR reporting.
In the third paper, “Prevention of Sexual Harassment at Workplace: An Analysis of Recent Legislative Initiatives in India”, the author, M Sanjeeva Rao, critically analyzes the position of women in the workplace vis-à-vis sexual harassment and its redressal. The author attempts to review the history and context of feminist legal struggles in general and specifically around sexual harassment of women at workplace. The author looks at the law on sexual harassment as laid down by the Vishaka judgment and the recent legislative initiatives in India. The author examines the criticisms of law on sexual harassment—a more general feminist critique of law as an activist strategy, through the perspective of women at workplace. The author asserts that the policy should emphasize the need on the part of the employees to promptly report cases of sexual harassment by the third party to the employer or the designated officers so as to enable the employer to take appropriate action.
In the fourth paper, “The Human Rights Act, 1993: A Cratological Critique”, the author, Irfan Rasool, seeks to highlight the various provisions relating to composition, functions and powers of the National Commission on Human Rights established in India. He makes an attempt to cratologically analyze the provisions of the Human Rights Act in the light of the controlling Constitution.
The last paper, “Non-State Actors and Applicable Laws During Non-International Armed Conflicts: A Legal Dilemma”, by Anita Yadav, attempts to bring out certain clarity about various ambiguities in non-international armed conflicts. The author seeks to identify the key elements in international human rights legal framework applicable to Non-State Actors (NSAs) during non-international armed conflicts. The author tries to suggest the most possible ways that can ensure better compliance of laws by NSAs during non-international armed conflicts.
-- V Hemalatha Devi
Consulting Editor
