THE LEGAL ANALYST

A Bi-annual Refereed Law Journal

Vol.: I

ISSN: 2231-5594

Year: 2011

Chief Editor:
Dr. P.K. Pandey
Coordinator, Faculty of La w, The ICFAI Uni ve rsi ty, Tripura- 799210

Editor:
Ms. Nandita Bhattacharya
Advocate, Gauhati High Court, Agartala Bench, Agartala-799002

Associate Editors:
Mr. A. Ranganath Mr. Sanjoy Deka Mr. Pr amod Tiwari Mr. Santanu Bikash Das Mr. Sukanta Sarkar Ms. Zigisha Pujar i Mr. Dipankar Biswas Mr. Ajay Kumar Singh Mr. Kaushal Kumar Mr. Awadhesh Dubey
Advocate Supreme Court of India Ne w Delhi-110001

Editorial Board:
Dr. Preeti Misr a
Assistant Professor School for Legal Studies Babasaheb Bhimrao Ambedkar Uni ve rsi ty, Luckno w-226025

Dr. Tabrez Ahmad

Associate Professor KIIT La w School KIIT Uni ve rsi ty Odisha- 751024

Mr. Shishir Tiwar i

Assistant Professor Department of La w North-E astern Hill Unive rsi ty Shillong-793022

Dr. Prashant Mishr a

Assistant Professor School of La w HN B Garh wal Uni ve rsi ty Tehri-2491 99

Advisory Board:
Professor (Dr.) B.N. Pandey
La w School Banaras Hindu Uni ve rsity Varanasi-221005

Dr. A.K. Pandey

Head & Dean School of La w HN B Garh wal Uni ve rsi ty Tehri-2491 99

Dr. O.N. Tiwari

Associate Professor Department of La w St. Andre ws College Gorakhpur- 273001

Professor (Dr.) A.V.N. Rao

Dean Faculty of La w ICFAI Foundation for Higher E ducation, Hyderabad-501504

Dr. S.C. Roy

Associate Professor Chanakya National La w Uni versity Patna-800001

Published By Mata Chandrakanti Jan Vikas Sanstha Ashapur-Sarnath VARANASI 221007

The Legal Analyst is a bi-annual refereed Law journal focusing on multi-faceted socio-legal issues/problems. This Journal is published in the month of June and December in a year.

THE LEGAL ANALYST A Bi-annual Refereed Law Journal

Vol. I (2011)

ISSN: 2231-5594
Cite this issue as:
I (2011) TLA

June 2011. All rights reserved. No part of this publication may be copied, reproduced, ad apted, abridged or translated, stored in retrieval system, used in a spreadsheet, or trans mitted in any form or by any means [electric al, mec hanic al, photoc opying or otherwise] without prior written permission of the Publisher. Any breach will entail legal action without any further notice. While every due care has been taken to avoid any mistake but the Editors, the Authors, the Publishers, the Printers are not responsible in any c ase and in any manner to any person by reason of any mistake or omission in this publication or for any action t aken or omitted to be taken or advic e rendered or accepted on the basis of this public ation. In case of defect in printing or binding, the publishers liability will be limited only to repl ace the defective copy by another copy of this public ation, if available. For more clarity it is mentioned that the work published in this public ation are not meant for legal advic es. The readers are requested to verify the claims mad e in the ad vertisements. The Leg al Analyst does not take any responsibility in any manner reg arding the contents of the advertisements. The views expressed in any article/paper by the authors are their own and do not necess arily reflect the views of the publisher. Any dispute relating to this publication will be subject to the jurisdiction of the appropriate courts and tribunals of Varanasi only.

Editorial Office: The Legal Analyst Office of the MCJVS Ashapur- Sarnath Varanasi-221007 Uttar Pradesh, INDIA E-mail: thelegalanalyst@gmail.com bipin05bhu@gmail.com For subscription enquiries, renewals and agency information please contact: Mr. Prabhash Kumar Pandey Mobile No.: 09450535354
Printed and published by M r. Prabhash Kumar Pandey for Mata Chandrakanti Jan Vikas Sanstha, VARAN ASI-221007(U.P. -INDIA)

Editorial Articles/Papers Hostile Witness: A Menace for Criminal Justice Administration System in India Institutional Analysis of Gender and Poverty - Its Implications and Considerations for Good Governance Gram Nyayalaya: A Varied ADR for Social Justice of Rural Poor Plea Bargaining A Critical Analysis Child Servitude in India: Trends and Challenges Hindu Jurisprudence on Succession and Gender Equality: A Critical Study International Law on Terrorism Need to Reform Genetic Abuse of Children: Need to Ponder over the New form of Exploitation Violence against Women: Human Rights Perspective Chefs Right to Food
by Ranjana Ferrao by Kim Couto by Rajshri Narayan Kale by Radhika Dev Varma by Sandhya P. Kalamdhad by Ravi Kant Mishra by Dr. Shashikant Pandey by Dr. Krishan Kumar Kajal by Dr. Prasant Kumar Swain by Dr. Alok Chantia & Dr. Preeti Misra by Dr. Meena Ketan Sahu

CONTENTS

6 8 15 21 27 34 42 50 56 63 69 75 79 85 92 100 106 111 118 123 130 136 144 146 155

Access to Justice for Crime Victims in India: Issues and Concerns Evolution of the Concept of Sustainable Development in International Arena Duties and Rights of the Consumers The Next Financial Crisis: Concern for the Indian Banks Prostitution in India- Legal and Social Ramifications Universality of Human Rights Genetically Modified Crops and Food Security Religious Postulates of Euthanasia in India Effects of Noise Pollution in India- A Legal Analysis Child Labour in India: A Legal Approach The Applicability of International Humanitarian Law in the Situation of Disaster The Indian Federal System: An Overview Disability and Indian Judiciary: A Legal Study Notes and Comments Critique on Smt. Selvi v. State of Karnataka: A Case on Self -incrimination
by Pramod Tiwari by Dilip Kumar Upadhyay by Shashi Kant Tripathi by Ajay Kumar Singh by Sukanta Sarkar by Sanjoy Deka by S.S. Das by Abhishek Kr. Tiwari & Dr. Vinita Kacher by Monika Soni & Preeti Sodhi by Shashank Shekhar by Nidhi Singh and Rosy Tripathy by Nandita Bhattacharyya by Praneetha Balaji

The inaugural issue of The Legal Analyst contains various research papers/articles and case comment, contributed by learned authors from various parts of India i.e. Assam, Tripura, Meghalaya, Punjab, Himanchal Pradesh, Haryana, Goa, Chhattisgarh, Maharstra, Odisha, and Uttar Pradesh to familiarize the masses with most contemporary and relevant socio-legal issues. These issues are of utmost significance for all of us as they have societal as well as legal magnitude. The paper Hostile Witness: A Menace for Criminal Justice Administration System in India by Dr. Meena Ketan Sahu discusses a very pertinent issue which is a crucial threat to criminal justice administration. The paper points out that sufficient witness protection measures are prerequisite, which can be implemented mainly through the enactment of separate witness protection legislation. Dr. Alok Chantia and Dr. Preeti Misra in their paper Institutional Analysis of Gender and Poverty - Its Implications and Considerations for Good Governance have elaborated the issue in a scholarly way and observed that there is a need for encouraging the development of grassroots organisations in areas or regions where gender disparities are particularly marked and social indicators are poor. The paper Gram Nyayalaya: A Varied ADR for Social Justice of Rural Poor by Dr. Prasant Kumar Swain highlights that the Gram Nyayalaya, the court at grass root level, is a revolutionary concept to provide access to justice to millions of rural poor living in the remote areas. The paper Plea Bargaining A Critical Analysis by Dr. Krishan Kumar Kajal mentions that plea bargaining may be effective method mechanism for removing the backlog in courts. Dr. Shashikant Pandey in his paper Child Servitude in India: Trends and Challenges examines the problems before nation in the form of child servitude and concludes that poor execution of the existing rules along with indifferent attitude of the Govt. is largely responsible for its prevalence in our Country. Mr. Ravi Kant Mishra in Hindu Jurisprudence on Succession and Gender Equality: A Critical Study critically evaluates the legal position of Hindu Succession Law and its implications on Indian society. He equally emphasizes the nature of the right and its legal impact on the concept of Stridhan prevailing in Indian Society. The paper International Law on Terrorism Need to Reform by Ms. Sandhya P. Kalamdhad concludes that as terrorism has become the global phenomenon, international law is the vital instrument through which one can have check on these merchants of death. The paper Genetic Abuse of Children: Need to Ponder over the New form of Exploitation by Ms. Radhika Dev Varma stresses that there is an urgent need to ponder the acceptance of human genetic engineering techniques, which are potential enough to give rise to a new form of genetic abuse of children likely to worsen the already existing situation of child abuse, beyond remedy. The next paper titled Violence against Women: Human Rights Perspective by Ms. Rajshri Narayan Kale highlights that to realise the goal of womens liberation to achieve equality there must be a radical democratic women movement against all form of discrimination in every sphere of life and effective implementation of existing law with modification as per changing condition. Ms. Ranjana Ferrao in Chefs Right to Food mentions that in recent years, chefs and restaurateurs have invoked intellectual property concepts, including trademarks, patents and trade dress for their distinctive look and feel of a business. She has elaborated the rights of chef in a scholarly way. Ms. Kim Couto in Access to Justice for Crime Victims in India: Issues and Concerns argues that access to justice for crime victim can become meaningful merely when the victim has opportunity to access the mechanisms of justice which must be easy and devoid of complexities and technicalities. The paper Evolution of the Concept of Sustainable Development in International Arena by Ms. Praneetha Balaji emphasizes the development of the concept of sustainable development and its important principles laid down in various conventions at the international level.

Editorial

Ms. Nandita Bhattacharyya in her paper Duties and Rights of the Consumers has discussed, in detail, the duties and rights of consumers, available in India. Further, she suggests more rights to be recognized in India to establish the real meaning of consumers sovereignty. The paper The Next Financial Crisis: Concern for the Indian Banks by Ms. Nidhi Singh and Ms. Rosy Tripathy mentions that there is a need for a well-articulated policy especially with regard to bankruptcy laws as banks are the first set of institutions affected during financial crisis. The paper Prostitution in India- Legal and Social Ramifications by Mr. Shashank Shekhar advocates to legalize prostitution. Further, it mentions that if we wait for our society to be ready for it we would be depriving the right to live with dignity of persons involved in prostitution. Ms. Monika Soni & Ms. Preeti Sodhi in Universality of Human Rights discuss the provisions relating to protection of human rights. The paper Genetically Modified Crops and Food Security by Mr. Abhishek Kr. Tiwari & Dr. Vinita Kacher mentions that it is clear that scarcity in food production is not the only reason of food insecurity and TNCs are not researching and developing GM crops for the eradication of food insecurity rather than for their profit. Mr. S.S. Das in paper Religious Postulates of Euthanasia in India mentions that like a man needs clothes to beautify himself, euthanasia needs a legal proforma. The paper Effects of Noise Pollution in India- A Legal Analysis by Mr. Sanjoy Deka explains the various effects of noise pollution on human being and on environment. Mr. Sukanta Sarkar in Child Labour in India: A Legal Approach has examined the legal aspects as well as social aspects of gigantic problem which are related, on one hand to livelihood and on other hand to all round development. Mr. Ajay Kumar Singh in his paper The Applicability of International Humanitarian Law in the Situation of Disaster explains the norms of international humanitarian law to be applied in cases of disaster. Mr. Shashi Kant Tripathi in The Indian Federal System: An Overview mentions that almost all the federal characters are there in Indian constitution, some emergency provisions are there which seems to be a diversion from federal nature but it is not the same rather it is the merit of our apex norm. Mr. Dilip Kumar Upadhyay in his paper Disbailty and Indian Judiciary: A Legal Study has elaborated the role of Indian Judiciary in detail to protect the disabled persons. Mr. Pramod Tiwari has analysed the debatable judgment of Smt. Selvi v. State of Karnataka in an excellent manner in his case comment, Critique on Smt. Selvi v. State of Karnataka: A Case on SelfIncrimination. I am highly thankful to the contributors of this issue who have elaborated and discussed the aforesaid issues in a lucid way. I am also thankful to all the Associate Editors, members of Editorial Board as well as Advisory Board who took pain in editing and reviewing the papers of this issue. Dr. P.K. Pandey Chief Editor