• Color Scheme

Volume 6 Issue 2

Editorial Note

September 11, 2001, often referred to as 9/11 was associated with the Islamic extremist group al-Qaeda suicide attacks against targets in the United States. It was a morning that shook the world. 11/9 is another epoch in that is much discussed and debated across the world and our country India; Trump’s victory and Demonetisation of old currency by Prime Minister Modi.

The US election 2016 this time was no different from any other democracies across the world in terms of the campaign. However, despite widespread report that Clinton had an edge in the nationwide popular vote the poll result was not only shocking to Americans but to many parts of the world alike, though critique of Trumps candidature as the president of USA galored news and scholarly debate. The economist wrote that Donald Trump’s victory is a disaster for Republicans and for America and Paul Waldman argued that “there may never have been a candidate who sees America as such dystopic nightmare of gloom and despair.” However all such observation by both political pundits and psephologist were proved wrong. While the result may have come as a shock to many Americans which witnessed demonstration post the result. History will record November 8, 2016 as the day when the US voted for a global retreat – from the heady rhetoric of ‘Let’s make the world a better place’ to “Let’s make America great again”. The question still remains as to whether Trump’s victory is part of a global white backlash.

Another question that still remain is as to why the US could not elect a female president when countries as Turkey, Ireland, Pakistan, Sri Lanka, Canada, France, and England have embraced women presidents and prime ministers. Erika Falk raises this important question. Is there something so uniquely misogynist about our political culture that even Hillary Clinton,arguably the most competent woman to ever run for national office, still incited such distaste among both women and men? However, as analyst dissects the result, the exit poll clearly indicates that tens of thousands of women — 53 percent of all white female voters chose Mr Trump.

Speaking during the concession speech, Clinton said, “...now, I know we have still not shattered that highest and hardest glass ceiling, but someday someone will — and hopefully sooner than we might think right now. And to all of the little girls who are watching this, never doubt that you are valuable and powerful and deserving of every chance and opportunity in the world to pursue and achieve your own dreams.”

9/11 as one of the most significant economic measures to curb black economy and eliminate fake currency and dodgy funds which have been used by terror groups to fund terrorism in India.’Prime Minister Modi audacious move to demonetization of existing notes of ` 1000 and `500, in what is popularly termed ‘Surgical Strike has been lauded by stalwarts of the banking sector of the like of Deepak Parekh, Chanda Kocchar, leading taxation lawyer Harish Salve and founder of Infosys Narayana Murthy, criticism too abounds.

A major policy plank of the Modi’s government, the move was imperative as other measures/schemes did not yield result. With about 86 per cent of the currency notes in circulation being demonetized, the policy has hit the common man at least in terms of its implementation and execution.

While the common man faced hardship the noise from the opposition has been louder and with parties of all hue and cry coming together, the fear is that the parliament session will get paralyzed just as it had been in 2010 over the issue of the 2G scam. However, the citizens and the economic analyst will have to wait to analyse the impact of the demonetization policy’s in term of how much it trickles to the bottom or backfires.

The top stories and headlines nationally has been demonetization, the international news has been Trump’s victory and his foreign policy. The articles in this issue, however, with some pertinent contemporary issues dealing with smart cities, anti-hijacking act, desertification in Nigeria, social justice with the aim of broadening the views of the readers and making more informed choice.

October 2016

Harnessing Technology for Smart Cities: Understanding the Dynamics of Technology Transfer through FDI

Chandrika Mehta, Dr. Tapas K Bandopadhyay, and Dr. Uday Shankar


Strategic Planning is one of the cornerstones that will drive our ‘cities of future’ into smart, technologically advanced and environmentally sound places of dwelling. Investing into efficient technologies through specific channels is a move that calls for greater cooperation and sustained collaborative agreements among firms. The paper addresses the exigency to bring in smart and state- of the- art technologies in the creation and evolution of smart cities, through Foreign Direct Investments. Technology transfers taking place through direct modes may have obvious spillover effects for the host country. The spillover effect has been identified as an important channel through which domestic firms benefit from the investment. It is considered as an important conduit through which FDI promotes growth in a host country. This depends on the nature of investment and the size of firm. As long as technology is transferred through efficient means, sustained growth and development remains assured. The very concept of ‘smart cities’ is unthinkable in the absence of technological assistance through specific and fair channels. The paper proposes establishing a link among local governance and the process of technology transfer through FDI in a way so as to look up to the needs of a city in transferring it to a ‘smart city’.

Chandrika Mehta , GNLU Alumni is presently a Doctoral Fellow at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur (West Bengal), E-Mail: chandrikamehta93@gmail.com

Dr. Tapas K Bandopadhyay ,Dr. Tapas K Bandopadhyay, Professor, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur Dr. Uday Shankar, Professor, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur

An Analysis of India’s Anti-Hijacking Act 2016

Vikrant Pachnanda & Naina Pachnanda


The lingering threat of aircraft hijacking by militant organisations compelled our lawmakers to review our existing legislation and preparedness towards such exigencies. The new Anti-Hijacking Act (Act), passed by the Lok Sabha on 9th May 2016, gives effect to The Hague Convention of 1971, and the Beijing Protocol of 2010 and has introduced some radical changes in the legislation, which was outdated including broadening the scope of the term ‘hijacking’. The article analyses as to how India has showed its concern by updating its legislative machinery and by establishing an effective means of combating hijacking.

DrVikrant Pachnanda is presently Advocate, Supreme Court of India & Managing Editor, India Law Journal, Email: vikrant.pachnanda@gmail.com

Naina Pachnanda, is presently Associate, Luthra & Luthra Law Offices & Editor, India Law Journal.

Office in the Clouds & Data Protection: Regulation of the Cloud in India

Gaurav Hooda


Cloud Computing is a new paradigm in the evolution of Information Technology, as its one of the biggest revolution in the field of information technology to have taken place in the recent times. The underlying notion of cloud computing was in existence way back in the 60’s wherein computing was done by large mainframe computers wherein a single machine served many users, however, it was in 2000 when after the dot com bubble Amazon played a key role in the development of Cloud Computing by modernizing the existing data centres and increasing its usage capacity. Cloud computing with the advancement of technology has become more profound and gained depth. However, because of the rapid growth of cloud computing, many regulatory authorities believe that it should be regulated and that new laws should be passed to control the perceived risks.

Cloud Computing is a computing service which involves a galaxy of computers and other gadgets which stores, forwards, processes and transmits the data into a computer and which may further be processed in another and retained in another system by sharing resources such as software storage services in a cloud that maybe connected through internet despite being separated by vast geographical distance. It is similar to LAN (Local Area Network wherein a computer network interconnects computers in a limited area) but has a wide coverage which enables users to access systems using a web browser irrespective of their physical location.

The author in this submission talks about the current framework of laws applicable to cloud computing and the lacking of an exclusive law governing its operation. Nonetheless, queries as to the applicable law and jurisdiction still remain unanswered. Keeping in mind the sphere of its existence, it is about time India has a specific law regulating the operations of cloud in India.

Gaurav Hooda is a 3rd Year B.A. LLB student at Army Institute of Law, Patiala, Email: garry.hooda@gmail.com

Decriminalisation of Indian Politics: A Critique of the Law and Proposed Reforms

Amrit Mahal & Anjali Kumar


Indian politics has become accustomed to electoral candidates tainted with charges of crime and corruption. As Jayalalitha returns to Tamil Nadu as Chief Minister after being convicted and then acquitted for holding disproportionate assets, and Narendra Modi serves as Prime Minister shrouded in controversy about disclosures regarding family life and education, there has emerged an urgent need to establish a concrete legal framework addressing criminality in Indian politics. In February 2014, the Law Commission of India submitted its Report No. 244 on the issue of criminalisation of politics. Specifically, it considered two questions. First, at which stage of criminal trial should candidates be disqualified from participating in the electoral race, and second, what should be the consequences of filing affidavits with false information at the time of nomination.

In this paper, we provide a critical analysis of the legal framework in place and the electoral reforms proposed by the Commission. We argue that framing of charges cannot substitute a trial of the accused candidate and therefore disqualification at this stage, as recommended by the Commission, would subvert the right of presumption of innocence. On false affidavits, a welcome step has been taken by recognising the need for more stringent consequences. However, when viewed from the perspective of the voters’ fundamental right to obtain information about their representatives, some crucial aspects have been overlooked by the Law Commission. The current Decriminalisation of Indian Politics government must revisit certain aspects of the proposal, and at the same time, further a more meaningful engagement with the problem of criminality.

Amrit Mahal is presently 4th Year Student, West Bengal National University of Juridical Sciences, Kolkata, Email: amrit995@gmail.com

Anjali Kumar , is presently 5th Year Student, West Bengal National University of Juridical Sciences, Kolkata, Email: kumar.anjali94@gmail.com

The Mechanism of Online Dispute Resolution

Abhishek Rathore & Ankit Bhandari


An analysis of the mechanism of Online Dispute Resolution, while looking into the different aspects such as the methods of Online Dispute Resolution in form of Mediation, Arbitration and Negotiation. Along with the discussion on the advantages and disadvantages that the mechanism of Online dispute Resolution poses, and the future of Online Dispute Resolution in the field of Alternative Dispute Resolution mechanisms

Abhishek Rathore, is presently 2nd Year, B.A. LLB. (Hons.) Student, National Law University, Assam. Email: abhishek.13.07.1995@gmail.com

Ankit Bhandari, is presently 2nd Year, B.A. LLB. (Hons.) Student, National Law University, Assam, Email: ankitbha58@gmail.com

A Reflection on the Law and Policy on Curbing Desertification in Nigeria

Dr. Andrew Ejovwo Abuza


The Nigerian Government has enacted laws and taken other measures to curb desertification in Nigeria. This article reflects on the Law and Policy on curbing desertification in Nigeria. It is the writer’s view that governmental efforts to curb desertification as represented by these measures have not yielded the desired results as desertification continues unabated in Nigeria. The writer suggests, among other things, that the government should embrace the planting of shrub plants as an alternative or complement to the current focus on trees alone.

Dr. Andrew Ejovwo Abuza, Lecturer and former Sub-Dean, Faculty of Law, Delta State University, Abraka (Oleh Campus), Nigeria and is also Legal consultant and Principal of the law firm of Abuza and Associates,. Email: andrewabuza@yahoo.com

Through the Eyes of Spivak, Mahashweta Devi And Dias: No ‘Acche Din’ for India’s Law - Caste Tensions in Development?

Devarshi Mukhopadhyay


There has been long standing argumentative discourse surrounding the multiple and cross-cutting dimensions of law vis. caste realities in India. While one the one hand, we may have made significant strides in ensuring an acceptable level of formal equality, structural shortcomings both in the market and in the public sphere continue to challenge our constitutional promise of social justice. Much seems to be lost in translation in between phases of policy-making and achieving our constitutional objectives, a concern which threatens to invalidate the existence of a stunning majority of social welfare legislations in the country. Naturally therefore, the need to re-examine basic yet existential policy questions of caste welfare assumed significance in the public fora. It is the endeavor of the author to use Gayatri Chakravarty Spivak ‘s ‘distance’ theory and Mahasweta Devi’s analysis model in Draupadi, to expose a significant ideological shortcoming in the way we continue to perceive caste as a system (and not a phenomenon) even today.

Devarshi Mukhopadhyay, 5th Year Student, NALSAR University of Law, Hyderabad, Email: mukherjee.devarshi@gmail.com

Sexual Harassment of Women at Workplaces-A Study of Hospitals and Courts in District Srinagar and Pulwama

Gulafroz Jan & Nasheman Ferozan


Despite numerous attempts at socio-political and legal reforms have failed to change women’s position and their exploitation in one form or the other is still rampant.They have been placed at various disadvantaged positions in the society due to gender differences and bias. Women have not only been accorded a lower status in the society but they also came to be used as objects of enjoyment and pleasure. They are regularly exploited, abused and victimized by all civilizations irrespective of their development in various fields of science, technology, etc.

Sexual harassment is a hazard encountered in workplaces across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations. For the International Labour Organization, workplace sexual harassment is a barrier towards its primary goal of ensuring decent working conditions for all workers. Sexual harassment at workplace is a serious exasperating factor that renders women’s involvement in professional work unsafe and affects their right to work with dignity the present research work has been conducted to analyze the problem and prevalence of sexual harassment amongst women at workplaces in District Srinagar and Pulwama, in the backdrop of regulations aimed at preventing sexual harassment. This Study also seeks to determine the extent to which exposure to sexual harassment can be associated with symptoms of depression.

Gulafroz Jan, Assistant Professor, School of Legal Studies, Central University of Kashmir, Email: gulafrozjan@gmail.com

Nasheman Ferozan, LL.M Scholar, School of Legal Studies, Central University of Kashmir.

Legal and Social Justice under Indian Constitutional Law: Some Reflections

Dr. Pawan Kumar

The primary aim of the Indian constitution is to ensure progress for foster generations by establishing institutions for delivering justice to them. Often attainment of justice is one of the ultimate objectives of every society and its primary institutions. Social justice is now presented with a large array of theories of justice from which to choose; monolithic or pluralistic; rights-based, meritorian or egalitarian; Aristotelian, Hegelian, feminist and so on. Logic and experience alike suggest three meta-approaches to the concept of social justice. We call these approaches the hegemonic, the skeptical and the pluralistic. The framers of Indian Constitution have taken cognizance of the above theories and blended these theories for enacting provisions for social justice in its Constitution especially to protect weaker sections.

This paper attempts to identify:
(1) the nature and scope of modern pluralistic theories of social justice;
(2) the nature and scope of social justice under Indian Constitutional law;
(3) the role of public interest litigation in ensuring social justice under Indian Constitutional law;
(4) prominent challenges to the principles of social justice under Indian Constitutional law and to draw a conclusion from the above knowledge.

Dr. Pawan Kumar is Assistant Professor of Law, Faculty of Law, B.P.S. Women University, Khanpur Kalan, Sonipat, Haryana, Email: pawankumar@bpswomenuniversity.ac.in