Jan'18
Focus
The legal professionals play a vital role as 'social engineers' in fixing thepersistent maladies of the society through pro bono litigations and otherwise. They are reactive to the imbalances that grow wildly in the society because of the immature and incomplete planning and implementations of strategies adopted by the administrators. India being a nation of people with multilingual and multireligious background has multifarious challenges and issues. The dynamics of the society in general and business in particular are throwing numerous unanswered questions for the consideration of the legal professionals. However, it is not easy to mold themselves to face the challenges of the day. There is a need for motivation and restructuring of knowledge base on a regular basis. It is important for the legal professionals to update their intellectual capacities and skills. Continuous education is the only way out.
The Bar Council of India (BCI), as part of its regular functions, is organizing and disseminating legal knowledge and thus helps in professional development. In addition to BCI's efforts, the law schools/colleges across the country should be given an opportunity to adopt some Bar Councils or Bar Associations to impart knowledge relating to the latest happenings in the legal field.
This issue consists of four papers. The paper, ?The Concept of Right to Development in the Neoliberalism Era with Reference to Transnational Corporate Accountability?, by Annapurna Devi Munaganti, explains the concept of 'right to development' in the tangible and intangible areas. It also tries to establish the relationship between development and accountability. Dharmendra Kumar Singh and Haricharan Singh Yadava, in the paper, ?Regulation of Cruelty to Animals and Cow Slaughter Ban in India: An Enquiry in Light of the Settled Law?, focus on the prohibition of sale of animals for slaughter houses. Akshay Gudinho and D Ganesh Kumar, in the paper, ?Reservations in India: Utilitarian Objectives Lost in Rawlsian Applications?, express their views on the reservation policy embedded in the Constitution of India and adopted by the governments. Subhash Chandra Singh, in the paper, ?Reform of the Muslim Personal Law: Challenges and Possibilities?, discusses the traditional practices of Muslim Personal Law and argues for reforms in the system.
|
|||
Article | Price (₹) | ||
The Concept of Right to Development in the Neoliberalism Era with Reference to Transnational Corporate Accountability |
100
|
||
Regulation of Cruelty to Animals and Cow Slaughter Ban in India: An Enquiry in Light of the Settled Law |
100
|
||
Reservations in India: Utilitarian Objectives Lost in Rawlsian Applications |
100
|
||
Reform of the Muslim Personal Law: Challenges and Possibilities |
100
|
The Concept of Right to Development in the Neoliberalism Era with Reference to Transnational Corporate Accountabilitye
In the neoliberalism era, the concept of Right to Development (RTD) plays a crucial role for the development of an individual as well as institution. The RTD-treated as third generation right-has wider scope in its interpretation because of its unique mixture of both civil and political rights and economic and social rights. The RTD had its influence from western capitalism and eastern socialism. This paper tries to focus on the impact of RTD on the Transnational Corporations (TNCs) and the role of TNCs in the development process of the host country. The paper finds as to how the TNCs, under the umbrella of development, change the dynamics of accountability in a new sense. Besides, the concept of RTD is not intended for the TNCs to escape their liability from accountability. The paper also enlightens as to how the concept of RTD has been misinterpreted and misconceptualized by the TNCs. The paper tries to draw a cordial relationship between the development and accountability concepts of TNCs with some suggestions.
© 2018 IUP. All Rights Reserved.
Article Price : ? 100
Regulation of Cruelty to Animals and Cow Slaughter Ban in India: An Enquiry in Light of the Settled Law
The Government of India on May 23, 2017 prohibited the sale and purchase of the animals at marketplace for slaughtering purposes. It aims to decelerate the tendency to produce 'unproductive' animals for killing in slaughterhouses. Certainly, killing of cattle produces some benefits but at a costlier price in terms of cruelty to the animal concerned. The society has spent much resource on the animal from its birth up to production age. Yet, it will be wrong if we are not taking into account the social cost at the time of profit calculation. A prominent consideration in this regard is the unnecessary deviation from a well-thought constitutional goal. This paper attempts to explore legal implications and analyzes the instant profit and loss resulting from ban on the sale and purchase of animals for slaughtering purposes and its diverse and distinct aspects in the national context. The Madras High Court has stayed the enforcement of the notification. The Supreme Court extended the stay to the rest of India. Though the matter is sub judice, there is space for the intelligentsia to discuss it in the light of settled law by the Courts. Taking these into consideration, the present study tries to comment on the effort made by the Central Government.
© 2018 IUP. All Rights Reserved.
Article Price : ? 100
Reservations in India: Utilitarian Objectives Lost in Rawlsian Applicationsn
The paper seeks to re-incorporate the utilitarian adoption of the color blind vision in the system of reservation in India that has been clouded by the adoption of the Rawlsian perception of practical equality. The Constituent Assembly debates have shown that the inclusion of Article 16 (4)1 in the Indian Constitution, and consequently Article 15 (4),2 were to serve as exceptions to the formal equality embedded in Articles 14,3 15(1),4 16(1),5 and 16 (2).6 Given the structural conditions in India, a concurrence with the conception of practical equality flows as an absolute necessity. However, the necessity must not supersede the general/formal equality established in the society. The first part of the paper analyzes statutory interpretations guided by the principle of reasonableness to prove that it is a product of a Color Blind Constitution. The second part establishes the greater prominence to formal equality under the Color Blind Indian Constitution. The third part illustrates that the Group Subordination Vision under the Indian Constitution came about at a compromise to the sacred balance, by an equality of deceit. The fourth part claims for the adoption of economic criteria for backwardness and the 'creamy layer'. The fifth part seeks to reconcile all the aforementioned ideas to re-establish the sacred balance. The analysis is restricted to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes.
© 2018 IUP. All Rights Reserved.
Article Price : ? 100
Reform of the Muslim Personal Law: Challenges and Possibilities
All legal systems-whether unitary or plural-must conform to the international standards of human rights, including gender equality. Muslim personal law legitimizes traditional practices in the name of religion that are inconsistent with expansion of freedom and gender equality. The practical importance of this paper arises from the fact that, despite formal guarantees of equality of rights at both the international and national levels, lives of Muslim women in India continue to be characterized by gender discrimination and substantive inequality in the field of family law. It is interesting to observe that progressive men and women belonging to the Muslim community have already started demanding a change. It is well-known that many Muslim countries have made substantial changes in their personal laws. The changes taking place in other countries which are predominantly Muslim can make an impact on Muslim opinion in this country. If the reform is to be given content and to be meaningful in the lives of Muslim women, it cannot simply be imposed by legal structures external to the community, but must be introduced from within the community, and must begin with socioeconomic and educational empowerment of both men and women of that community.
© 2018 IUP. All Rights Reserved.
Article Price : ? 100