Master of Laws (Business Law Group) - VNSGU

Master of Laws (Business Law Group)

Name of Program LL.M (Business Law)

Duration 2 Years

Total Semester - 4

Eligibility Criteria LL.B

Objective of program

The objective of Program is to equip the students with a

widespread knowledge of the national laws of India on

commercial and mercantile transactions and their working

under the Global Regulatory Instruments.

A critical understanding of the main legal, economic and

financial matters pertaining to the life-cycle of a corporation

from a national and international perspective.

A strong understanding of essential concepts of the factors in

which corporate law and regulations operate.

To generate experts who specialize in the field of business

laws in response to the needs of academic and professional

expertise in both private and public sectors.

Program Outcome PO1. Legal Knowledge: To acquire & apply legal knowledge to the

complex Socio-legal problems.

PO2. Professional Practice: to make students eligible to practice in

Courts, Industries, Companies as legal practitioner.

PO3. Professional Skills: To possess professional skills required for

legal practice such as Argument, Pleading, drafting, conveyancing

etc.

PO4. Professional Ethics: To understand and apply principles of

professional ethics of legal profession.

PO5. Legal research & legal reasoning: to develop legal research

skills & legal reasoning and apply it during programme & in Legal

practice.

PO6. Self-reflection & lifelong learning : To develop an attitude of

self-reflection while learning & Recognize the need for, and have

the preparation and ability to engage in independent and life-long

learning in the broadest context of changing legal contexts.

PO7. Self-employability: To provide a platform of self-

employability by developing professional skills in legal industry.

PO8. Leadership skills: To develop leadership qualities amongst

students.

PO9. Lifelong Learning: To make awareness about Constitutional

legislative & societal transformation in society & to develop clinical

abilities.

PO10. Advocacy skills: Every graduate will become skilled in legal

research, written and oral communication, teamwork, advocacy, and

problem-solving.

Program Specific PSO 1. Should be able to Gather and interpret relevant facts and

outcome conduct legal research.

PSO 2. Should be able to Demonstrate understanding of

substantive and procedural law with basic principles of Business

Law which is sufficient to enter into the legal profession and other

professions in which legal knowledge is an advantage.

PSO 3. To understand specific issues relating to Economic

Legislation, Banking and Insurance Sector, Industrial and

Intellectual Property Transitional Trade Agreement.

PSO 4. To apply business law in contemporary business practices.

PSO 5. To analyze the emerging Legal issues concerning

Commerce, Insurance, Banking and Industrial Sector.

PSO 6. To evaluate the existing economic practices and its

implication on the economy.

PSO 7. To create Legal Experts in the field of Banking, Insurance

and Trading Houses who can contribute in the formation of new

policies which shall help in administration of Justice.

Mapping between PO’s

and PSO’s

PSO1 PSO2 PSO3 PSO4 PSO5 PSO6 PSO7

PO1

PO2

PO3

PO4

PO5

PO6

PO7

PO8

PO9

PO10

Medium of Instruction English & Gujarati

Semester 1

Course Code Title Teaching

per week

Course

Credit

University

Examination

Inter

nal

Mar

ks

Total

Mar

ks Theo

ry

Pract

ical

Durati

on

Marks

1805090101010001 Constitutional

Law-1 4 0 4 3hrs 70 30 100

1805090101020001 The Concept of

Law 4 0 4 3hrs 70 30 100

1805090101030002 Law of Export

– Import – I 4 0 4 3hrs 70 30 100

1805090101040002 Law of

Industrial &

Intellectual

Property Rights

– I (Copyright

& Design)

4 0 4 3hrs 70 30 100

1805090101050002 Corporate

Finance - I 4 0 4 3hrs 70 30 100

1805090101060002 Legal

Regulations on

Economic

Enterprises – I

4 0 4 3hrs 70 30 100

Master of Laws (Business Law Group)

Course: 180590101010001: Constitutional Law-1

Course Code 1805090101010001

Course Title Constitutional Law-1

Credit 4

Teaching per week 4

Minimum weeks per

semester

15

Effective from 2011-2012

Purpose of course To familiarize students with the framing of the Constitution, working

and functioning of drafting committee

Course objective To understand the core principles embodied in the Constitution of India

Course Outcome CO1 To enable the students to understand the importance of

constitution

CO2 To understand the structure of executive, legislature and judiciary

CO3 To understand the philosophy of fundamental rights and duties

CO4 Know about the enforcement remedies available under the

Constitution of India and about access to justice through Public Interest

Litigation

CO5 To able to eluate preamble, fundamental rights and duties,

panchayat, National commission for Schedule caste, Schedule tribe,

Election commission.

C06 Understand the meaning, nature and concept of federalism, its

essential features and be able to familiarize with the Indian federal

structure and its status quo in the contemporary era.

Mapping between

CO’s with PSOs PSO1 PSO2 PSO3 PSO4 PSO5 PSO6 PSO7

CO1

CO2

CO3

CO4

CO5

Course Content 1. Equality and Social justice

1.1 Equality before law and equal protection of law-meaning-

constitutional provisions - total conspectus.

1.2 Classification for differential treatment - constitutional validity

1.3 Gender justice and empowerment of women

1.4 Administrative discretion and equality

1.5 Compensatory discrimination : justice to weaker sections of the

society : SC/ST/OBC

1.6 Strategies for ameliorative justice

1.7 Equality and private discrimination

1.8 Equality and protective discrimination

1.9 Right to Equality : privatization and its impact of affirmative

action

2. Freedoms and Social Control

2.1 Freedom of Speech and expression : right to information

2.2 Freedom of Press and Media and challenges of new scientific

developments

2.3 Citizen's liberties and restraints, their validity

2.4 Property and Social Control

2.4.1 1950 to 1978

2.4.2 After 1778

2.4.3 from fundamental right to constitutional right

2.5 Right to strike, hartal and bandh

3. Personal liberty

3.1 Rights of accused: double jeopardy, self-incrimination,

retroactive punishment

3.2 Right to life and personal liberty : meaning, scope and

limitations

3.3 Procedure established by law and due process

3.4 Preventive Detention - Constitutional Policy and Constitutional

safeguards.

3.5 Right to education: Primary education and higher education.

4. Secularism and Freedom of Religion

4.1 Concept of Secularism and Constitutional Provisions :

Historical perspective of Indian secularism

4.2 Non-discriminatory State

4.3 Freedom of Religion : Scope and limits of freedoms

4.4 Religion and State in India : State control and non-interference

with religion

4.5 Minority rights : Scope and meaning of minority – minority

rights to educational institutions

5. Fundamental rights and Directive principles

5.1 Fundamental rights and directive principles - judicial balancing

5.2 Directive Principles : Directions of social change

5.3 Judicial policy towards Directive Principles

5.4 What is State? Meaning, Scope and expansion - need to widen

definition in wake of liberalization.

5.5 What is law? Meaning, Scope and expansion.

5.6 Reading Directive Principles into Fundamental rights

5.7 Emerging of new rights and compensation jurisprudence.

6. Fundamental Duties

6.1 The need and status in constitutional setup

6.2 The relationships of the fundamental duties with fundamental

rights and directive principles.

Reference books Granville Austine: History of Democratic Constitution: The Indian

Experience (2000) Oxford: The Indian Constitution: Cornerstone of a

Nation (1999) Oxford Corner Stone of a nation (1972).

D.D. Basu, Constitutional Law of India: Prentice Hall of India.

Rajeev Bhargava, Secularism and Its Critics (2009) Oxford.

Constituent Assembly Debates Vol.1 to 12

Reajeev Bhargava, Politics and Ethics of Indian Constitution, Oxford.

H.M. Seervai : Constitution of India : Vol. 1 to 3, Tripathi

M.P. Singh (ed) V.N. Shukla's : Constitutional Law of India (2008)

Oxford

T.K. Tope's : Constitutional Law of India

Marc Gallenter: Competing Equalities - Law and Backward Classes in

India (1984) Oxford.

B. Sivaramayya, Inequalities and the Law (1984). Eastern.

M.P. Jain, Indian Constitutional Law, Vol. I & II (2010) Lexis Nexis

Teaching

Methodology

Lecture Method, Classroom teaching, Discussion, Self-Study and

Assignment

Evaluation Method Internal Assessment

Internal Written Test (Compulsory) 15 Marks

Attendance 05 Marks

Assignment / Tutorial / Group Discussion / Project

Work / Field Work / Presentation / Seminar / Library

exercise / Clinical Training / Moot training / any other

Exercise appropriate for the Concerned Course

10 Marks

External University exams 70 marks

Total 100 marks

Course - 1805090101020001- The Concept of Law

Course Code 180590101020001

Course Title The Concept of Law

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course The course aims at understanding the various jurisprudential

theories and concepts, basics of law and also to hone their soft

skills in order to enhance their capacities to build a strong

foundation for the study of Master of Law course.

Course objective The object of this course is to study the theory of law and its

fundamental principles and concepts. It provides clear

understanding about the nature of law and basic functions of law,

the relationship between law and Justice, and law and morals etc.

Course Outcome CO1: A basic grounding in the central themes of the legal

philosophies which involves examining the major schools of

legal theory.

CO2: The course offers students an opportunity to introspect

carefully about the values that ought to underpin a country’s

legal system

CO3: Competency gained introducing students to core legal

debates that have preoccupied legal philosophers from the early

days of civilization to modern times.

Mapping between CO’s

with PSOs


CO1

CO2

CO3

Course Content 1. Natural Law

1.1 What is Natural Law? Natural Law and search of

absolute values

1.2 Greek origins and Jus Gentium

1.3 Medieval period

1.4 Renaissance, Reformation and counter reformation

1.5 Grotius and International Law

1.6 Natural Law & Social Contract

1.7 Kant and Human Freedom

1.8 The Meaning and Development of Natural Law in

Eighteenth and Nineteenth Century

1.9 Fuller and Morality of law

1.10 Hart on Natural Law

1.11 Finnis and Restatement of Natural Law

1.12 Indian concept and perception of Natural law

2. Classical Legal Positivism

2.1 What is legal positivism

2.2 Jeremy Bentham and Utilitarians

2.2.1 Benthaim's "of Laws in General"

2.3 John Austin

2.4 Bentham and Austin compared

2.5 Classical Legal Positivism and Indian Legal System

3. Modern Legal Positivism

3.1 HLA and the Concept of Law

3.2 Hans Kelsen and the Pure Theory of Law

3.3 Modern Trends in Analytical and Normative Legal

Theory

3.4 John Rawls and Distributive Justice

3.5 Robert Nozick and the Minimal State

3.6 Josepn Raz and the 'Source' thesis

4. Law and Social Theory

4.1 What is sociological jurisprudence and sociology of

law?

4.2 Rescoe Pound and Social Engineering

4.3 August Comte and Sociology

4.4 Herbert Spencer and Laissez Faire

4.5 Emile Durkheim and Law and Social Solidarity

4.6 Max Weber and theory of legitimate domination

4.7 Sociological Jurisprudence Since Rescoe Pound

4.7.1 Laswell

4.7.2 McDougal

4.7.3 Talcott Parsons

4.7.4 Selznick

4.8 From Sociological Jurisprudence to Sociology of Law

4.8.1 Unger and Development of Modern Law

4.8.2 Michael Foucault

4.8.3 Jurgen Habermas

4.8.4 Autopoiesis

4.9 Sociological Jurisprudence and Indian Perspective

5. Legal Realism

5.1 American Realism

5.1.1 Oliver Wendell Holmes

5.1.2 Karl Llewellyn

5.1.3 Jerome Frank

5.1.4 American Realist Method

5.2 The Scandinavian Realism

5.2.1 Alf Ross

5.2.2 Karl Olivecrona

5.3 Comparing American Realism and Scandinavian

Realism

5.4 Modern Realism.

6. Historical and Anthropological Approaches

6.1 The Historical School

6.1.1 Savigny

6.1.2 Sir Henry Maine

6.2 Anthropological Jurisprudence

6.3 Legal Pluralism

6.4 Historical Perception and Indian Perspective

7. Marxist Theories of Law & State

7.1 Marx and Hegel's Philosophy

7.2 Marx and Justice, Morality and Human Rights

7.3 The "withering away of the State"

7.4 Other Marxist thinking

7.5 Marxist Theories of Law and State - a Critique.

8. Critical Legal Theory

8.1 Critical Legal Studies

8.2 Postmodern Legal Theory

8.3 Feminist Jurisprudence

8.4 Critical Race Theory

Reference books - Raymond Works, Understanding Jurisprudence (2009) Oxford.

- S.N. Dhyani, Fundamentals of Jurisprudence The Indian

Approach (1992) Central Law Agency.

- R.W.M. Dias, Jurisprudence (1994) Butterworth & Co.

- Avtar Singh, Introduction to Jurisprudence (2001) Wadhwa.

- Wayne Morrison, Jurisprudence From the Greeks to Post-

modernism (1997) Lawman (India).

- M.D.A Freeman, Llyod's Introduction to Jurisprudence (1994)

Sweet and Maxwell.

- W. Friedman, Legal Theory (2002-Indian Reprint) Universal.

- G.W. Paton : A Text book of Jurisprudence (2007). Oxford.

- Bodenheimer, Jurisprudence - The Philosophy and Method of

Law (1996) Universal.

- Fitzgerald (ed). Salmond on Jurisprudence (1999) Universal.

- H.L.A. Hart : The Concept of Law (1970) Oxford.

- Rescoe Pound, Introduction to Philosophy of Law (1998-

Reprint) Universal.

- V.D. Mahajan, Jurisprudence and Legal Theory (1996-Reprint)

Eastern.

- Upendra Baxi, Towards Socilogy of Indian Law (1986)

Satvahan.

- , Marx, Law and Justice : Some Indian

Perspectives (1992).

- , The Crisis of Indian Legal System (1982)

Vikas.

- Yash Ghai et al, The Political Economy of Law, A Third

World Reader (1987).

- John Rawls, A Theory of Justice (2000) Universal.

- Jeremy Bentham, Theory of Legislation (1985)

- W. Friedman, Law in a Changing Society (1996) Universal.

Teaching Methodology Lecture method, discussion method, PPT presentation method.



Attendance 05 Marks

Assignment / Tutorial / Group Discussion /

Project Work / Field Work / Presentation /

Seminar / Library exercise / Clinical Training /

Moot training / any other Exercise appropriate

for the Concerned Course

10 Marks


Total 100 marks

Course – 1805090101030002– Law of Export-Import – I

Course Code 1805090101030002

Course Title Law of Export-Import – I

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course This course is designed to enhance the knowledge of foreign trade

policy among the students.

Course objective After independence India has embarked upon all round efforts to

modernise her economy through developmental ventures. Greater and

greater emphasis is placed on increase of production in both

industrial and agricultural sectors. Besides, there was the ever-

pressing need for raising capital for investment in certain basic and

key industries. All these required a considerably high rate of

investment of capital. The process of modernisation necessitated the

adoption of newer technologies for industry and agriculture. These

technologies had to be borrowed from other developed countries.

This, in turn, needed foreign exchange which could be earned by the

increased exports of goods and raw materials from India. The need

for accelerating the export trade of India's developing economy can

hardly be over emphasised. Export earnings enable a developing

country to finance its massive requirements of growth, to maintain its

essential imports and thereby stimulate the process of its economic

developments. In the words of Prof. V.K. R.V. Rao: "In fact,

expansion of exports may well be described as an integral part of the

development process, neglect of which can only be at the peril of

development itself". Increasing exports have been necessitated to

meet the growing needs of defence. India is a country rich in natural

resources. One of the approaches to combat its economic

backwardness could be in large-scale production and in maximization

of its exports. Import and export of goods and raw materials is a

complex, complicated and intricate activity. It involves elaborate

economic, fiscal, budgetary and monetary policy considerations.

Export and Import control policy is also closely connected with

country's balance of payment position. The detailed procedures for

imports and exports are provided in the Hand Book. The Union

Government used to declare its import and export policy for a three-

year period. At present they declare the policy for five years. The

controls on exports and imports are closely connected with the

Foreign Trade Regulation Act 1992. Law 250 This course is designed

to acquaint the students about the parameters of legal controls on

imports and exports.

Course Outcome CO1. Understanding the basic of Import and Export.

CO2. Understanding of various International Agreement affected and

enforced regarding export and import.

CO3. Analysis the impact of Foreign Trade Policy.

CO4. To understand concept and basics of Custom Act.

Mapping between

CO’s with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Constitutional perspectives History- rigidity to liberalization -Import

& Export Control Act 1947 Foreign Trade Development &

Regulation Act 1992. Impact of regulation on economy

2. International Regime GATT WTO - structure – function- tariff &

non-tariff restrictions- Dumping & Anti-dumping measures- reduction

of subsidies- impact on Indian economy

3. EXIM policies ( including Foreign Trade Policy 2009-2014)-

promotional measures- SEZ- EOU – EPZ- Export Promotion

Councils- Special Economic Zones Act 2005

4. Custom Act Prohibition on import & export of goods Levy of &

exemption from custom duties Clearance of imported & exported

goods Conveyance & ware housing of goods

5. Marine Product Export Development

Reference books - Government of India Handbook of Import Export Procedures

- Annual Survey of Indian Law (relevant portion)

- Government of India Import and Export Policy Foreign Trade

Development & Regulation Act 1992 and Rules Import and Export

control Act 1947 Special Economic Zones Act 2005

- Marine Product Export Development Authority Act 1972 Journal of

Business Law Customs Manual ( Latest edition)

- The Customs Act 1962

- Taxman -World Trade Organization

- Myani- W.T.O. (Asian Law House)

Teaching Methodology Lecture Method, Classroom teaching, Discussion, Self-Study and

Assignment



Attendance 05 Marks


Work / Field Work / Presentation / Seminar /

Library exercise / Clinical Training / Moot training /

any other Exercise appropriate for the Concerned

Course

10 Marks


Total 100 marks

Course –1805090101040002 – Law of Industrial & Intellectual Property Rights – I (Copyright &

Design)

Course Code 1805090101040002

Course Title Law of Industrial & Intellectual Property Rights – I (Copyright &

Design)

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course The purpose of the course is to enable to gain the knowledge

regarding copyright and design to the students.

Course objective The concept of intellectual property rights as developed in India

cannot be divorced from the developments in the international arena

as well as in the nation-to-nation relations. The impact of IPR regime

on the economic front is emphasised in this paper. In particular,

greater attention would be given here to the law relating to unfair and

restrictive trade practices as affecting the regime of intellectual

property rights. New areas of development, especially plant patenting

and patenting of new forms of life (biotechnology) should receive

special attention. Evidentiary aspects of infringement, and human

right dimensions of the regime of intellectual property law will also

be addressed.

Course Outcome CO1 Conceptualization about copyright and design.

CO2 Remembering, understanding and applying Copyright law with

respect to its dynamic subject matter

CO3 Remembering, understanding and applying the Design Act.

CO4 Applying, analyzing and evaluating international aspects of

Copyright and Design Law.

C05 Evaluating and analyzing the contemporary issues in Copyright

and Design Law.

Mapping between

CO’s with PSOs PSO1 PSO2 PSO3 PSO4 PSO5 PSO6 PSO7

CO1

CO2

CO3

CO4

CO5

Course Content IPR and International Perspectives

→ The Legal Regime of Unfair Trade Practices and of Intellectual Property

→ United Nations approach (UNCTAD, UNCITRAL)

→ EEC approaches

→ Position in U.S

→ The Indian situation

→ Special problems of the status of computer software in copyright

→ Copyright Act, 1957 and

→ Copyright Rules

→ Special problems of proof of Infringement in Copyright

→ Status of Intellectual Property in Transit- TRIPS obligation- Indian

position

→ Evidentiary problems in piracy

→ Need and Scope of Law reforms

→ Differences in resources for copyright examination between developed

and developing societies

→ Design Act, 2000 - International perspectives - Historical perspectives -

Position in India

→ New changes made in Design Act, 2000 - Application of new Law

→ Copyright and Design - Right to protect the design from piracy -

Instance of piracy of Design - Term of copyright in Design

→ Infringement of Design - Test of Infringement - Onus to prove

infringement

→ Differences between Industrial Design and Lay-out Designs → Relevant

provisions of Designs Act, 2000

→ Need and scope of Law reforms.

Reference books - Principles of Intellectual Property Gopalalrishnan N. S. Eastern

Book Co.

- Rama Sarma Commentary on Intellectual Property Laws

- Sarma Rama Butterworths Wadhwa Nagpur

- Rama Sarma Commentary on Intellectual Property Laws

- Sarma Rama Butterworths Wadhwa Nagpur

- Law relating to Intellectual Property Wadehra B. L. Universal New

Delhi

- National Legal Instrument of Intellectual Property law Vol. I

- Dept of Business Law NLSU Banglore National School of India

University Banglore

- International Legal Instrument of Intellectual Property law Vol. II

Dept. of Business Law NLsu Banglore National School of India

University Banglore

- International Legal Instrument of Intellectual Property law Vol. I


University Banglore

- International Legal Instrument of Intellectual Property law Vol. I


University Banglore

- Basic Prin. Of Intellectual Property Rights T. Rama Krishna

National School of India University Banglore

- Ownership Enforcement Of Intellectual Property Rights T. Rama

Krishna National School of India University Banglore

- Biotechnology and Intellectual Property Rights T.Rama Krishna

National School of India University Banglore

- IPR & Laws Dr. G. B. Reddy Hdyrabad Gogin Law Agency

University Book Co. IPR –

- IPR and Global Vision Verma S. K. ILI, Delhi


Assignment



Attendance 05 Marks



10 Marks



Course


Total 100 marks

Course – 1805090101050002– Corporate Finance – I

Course Code 1805090101050002

Course Title Corporate Finance – I

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course Industrialization has played, and has to play, a very vital role in the

economic development of India. In the post independent era,

industrial development is regarded, and hence employed, as principal

means in the strategy for achieving the goal of economic and social

justice envisioned in the constitution. Corporation, both public and

private, and are viewed as a powerful instrument for development,

and theory for ameliorating the living standards of masses. In a

developing society like India enormous varieties of consumer goods

are manufactured or produced. Obviously, the situation raises the

issues of procuring utilizing and managing the finances. For this

purpose a science of financial management techniques has been

evolved. The faculties of commerce, business and management

studies have since last decades started to impart instruction so as to

turn out sufficiently well-equipped and adequately trained financial

personnel. However, the legal and juristic aspects of corporate

finance have been more or less not effectively taken care of. The

CDC recognized the importance of these aspects. A law person has to

play noteworthy role in the developmental processes.

Course objective In view of the above perspectives the broad objectives of this cause

may be formulated as follows-

1. To understand the economic and legal dimensions of

corporate finance in the process of industrial

development in establishing social order in the context

of constitutional values.

2. To acquaint the students with the normative

philosophical and economic contours of various

statutory rules relating to corporate finance.

3. To evaluate the application and functioning of such

statutory rules in their role for the establishment of

“just” order in India.

4. To acquaint the students with the organisation,

functions, lending, and recovery procedures,

conditions of lending and accountability of

international national and state financing institutions

and also of commercial banks; and

5. To acquaint the students with the process of the flow

and outflow of corporate finance.

Course Outcome CO1. To help the students understand the concept of corporate

finance.

CO2. To help the students understand the working of corporate

financial system and investment decision.

CO3. Explain how to value a firm and apply skills in evaluation debt

and equity securities.

CO4. The raising of Capital for business by way of equity, debt and

loans and the laws regulating the same.

CO5. Protection of creditors, investors and legal aspects about the

governance of corporate management.

Mapping between

CO’s with PSOs


CO1

CO2

CO3

CO4

CO5

Course Content → Introduction - Meaning, Importance, Scope and objectives of Corporate

Finance

→ Constitutional Perspective

→ Types of Finance - Equity Finance- share capital- prospectus-

information disclosure- Issues & allotment- shares without monetary

consecration- non opting equity shares

→ Debt finance - Debenture - Nature, issue and class - Deposit and

acceptance - Fixed and floating charges - Mortgage - Convertible

debentures

→ Corporate fund raising - Depositories- Indian Depository Receipts,

American Depository Receipts and Global Depository Receipts - Public

Finance Institutions- IDBI, ICICI, IFC & SFC - Mutual fund and other

collective investment schemes - EDI & NRI investment- Foreign

institutional investments ( IMF & World Bank)

→ Protection of creditors - Need for creditor protection - Preference in

payment - Rights in making company decisions affecting creditors’ interests

- Creditors’ self-protection - Incorporation of favourable terms in lending

contracts - Right to nominate directors - Control over corporate spending

→ Protection of Investors - Individual share holder right - Corporate

membership right - Derivative actions - Qualified membership right -

Conversion consolidation & re-organization of shares - Transfer and

transmission of securities - Dematerialization of securities

Reference books -


Assignment



Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course –1805090101060002 – Legal Regulations on Economic Enterprises – I

Course Code 1805090101060002

Course Title Legal Regulations on Economic Enterprises – I

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course This course deals with various economic policies with constitutional

perspective with company legislations in operational perspectives.

Course objective After independence we have placed greater emphasis on the growth

of our economy. The focus is on growth, both in public and private

sectors, so as to cope up with the problems of population explosion.

We have found that there is now almost a circle from laissez faire to

welfare state and again back to laissez faire. Adoption of the concept

of global economy in the presence of the socialistic perspectives in

the Constitution presents a dilemma. The trends of liberalization

starting in the early nineties and continuing to this day bring a shift in

focus of regulation in diverse fields of economic activities. This

course is designed to acquaint the students of the eco-legal

perspectives and implications of such development

Course Outcome CO1 Rationale of government regulations with constitutional

perspectives with various economic policies.

CO2 Detailed conceptualization about right to information,

competition and consumer legislations.

CO3 Understanding the legal process of management, control and

winding up of industrial units as per company law and licensing

policy.

CO4 Essential commodities, monopoly and restrictive trade practices

legislations.

Mapping between

CO’s with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Constitutional Perspectives

2. Industrials Policy Resolutions

3. Industrial Development & Regulation Act

4. S I C Act

5. Regulations of Economic Policy

6. Licensing Policy & Legal Process

7. Competition Act 2002

8. Collaboration agreement for investment & technology

Reference books - Company law by S. M. Shah

- Company law by Avtarsingh

- Company law by K. Kisha

- Industrials Policy Resolutions 1948, 1958,1991

- Industrials Policy Statements

- Economic Policy

- Industrials Development & Regulation Act, 1961


Assignment



Attendance 05 Marks





Course

10 Marks


Total 100 marks

Semester II

Semester II


per week

Course

Credit

University

Examination

Inter

nal

Mar

ks

Total

Mar

ks Theo

ry

Pract

ical

Durati

on

Marks


Law - II 4 0 4

3hrs 70 30 100

1905090102020001

Legal

Education and

Research

Methodology

4 0 4

3hrs 70 30 100

1905090102030002 Law of Export

– Import – II 4 0 4

3hrs 70 30 100

1905090102040002 Law of

Industrial &

Intellectual

Property Rights

– II

4 0 4

3hrs 70 30 100

1905090102050002 Corporate

Finance - II 4 0 4

3hrs 70 30 100

1905090102060002 Legal

Regulations on

Economic

Enterprises – II

4 0 4

3hrs 70 30 100

Course: 1905090102010001: Constitutional Law - II

Course Code 1905090102010001

Course Title Constitutional Law - II

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course The purpose of this paper is to make students develop and understand

the skill of reading and interpreting the Constitution, to train students

in understanding historical evolution of Constitutional doctrines and

to make students analyze the various interpretation of Constitution by

Judiciary.

Course objective The purpose of this paper is to make students develop and understand

the skill of reading and interpreting the Constitution, to train students

in understanding historical evolution of Constitutional doctrines and

to make students analyze the various interpretation of Constitution by

Judiciary.

Course Outcome CO1 To introduce students with the concepts of the Constitution by

addressing the ideological framework relied upon by the framers of

the Constitution of India, the system of government and role of

judiciary by discussing and analysing the rights and duties specified

under the Constitution of India

CO2 To understand the structure of executive, legislature and

judiciary

CO3 To understand the central and state relations, financial and

administrative

CO4 To realize the status and importance of fundamental rights,

fundamental duties and directive principles of state policy and

relation among them by understanding the articulation of its basic

values under the Constitution of India;

C05 Comprehend the basic feature of the Constitution of India and

the importance of the role of judiciary in ensuring checks and

balances

C06 Understand the meaning, nature and concept of federalism, its

essential features and be able to familiarize with the Indian federal

structure and its status quo in the contemporary era.

Mapping between

CO’s with PSOs


CO1

CO2

CO3

CO4

CO5

CO6

Course Content 1. Comparative Constitutionalism

Authoritarianism-Dictatorship Democracy-Historic Evolution

of Constitutional Government

Limited Government-Concept-Limitations on Government

Power

Separation of Powers

Rule of Law-Concept and New Horizons

Judicial Review and its Reach

2. Federalism

Confederation and Federation-Distinction

Patterns of Federal Government, What is Federal

Government

Judicial Review for Federal Umpiring

Principles of Federalism, Indian Constitutional Provisions &

Scheme : Central

Control Vs. State Autonomy

New Trends in Federalism : Co-operative Federalism

Plural Aspects of Indian Federalism : Special Status of

Jammu & Kashmir;

Tribal Areas, Scheduled Areas.

Nature and Characteristics of Indian Federalism : Territory-

Federal

Implications; Creation of new states.

3. Centre-State Relations

Legislative Relations & Management of Legislative Conflicts

within Federal

Framework.

Administrative Relations and Management of Executive

Conflicts within

Federal Framework.

Distribution of Fiscal Power, Financial Relations and

Management of Financial

Conflicts, Restrictions and Regulations of Fiscal Power and

Allocation within

Federal Framework.

Judicial Machinery for settlement of Centre-State and Inter-

State Disputes

Inter-State Disputes, Comity and Co-operation within Federal

Framework.

Justice Sarkaria Commission: Recommendations on Centre-

State Relations.

4. Democratic Government

Parliamentary Government at the Centre and State

Union Executive :

President: Election, Qualifications, Powers, Impeachment

and Relationship with Council of Ministries.

Council of Ministries : Prime Minister-Cabinet System-

Collective & Individual Responsibility

Attorney General of India

State Executive :

Governor and State Government Constitutional

Relationship

Governor's position from the perspective of Federalism

Legislative Processes, Powers and Privileges and Immunities.

Comptroller & Auditor General of India

Coalition Government and Anti Defection Law

Local Governments : Panchayats, Municipalities

Union Territories

Scheduled & Tribal Areas

Free & Fair Elections as essence of Democracy and the Role

of Election Commission

5. Constitutional Processes of Adaptation and Alterations

Methods of Constitutional Amendments

Limitations upon Constituent Power

Development of Basic Structure, Doctrine of Judicial

Activism and Restraint

Power, Procedure of Constitutional Amendment and its

implications of Federal Structure.

6. Inter-State Trade and Commerce: Problems and Perspectives

Freedom

Exceptions

Implications on the Concept of Federalism

7. Services Under the Constitution

Doctrine of Pleasure of the President and the Governor

Protection against arbitrary removal, reduction and dismissal.

Public Service Commissions.

8. Federalism and Emergency Situations

Proclamation and Effect of Proclamation.

Duty of Union to protect States

Failure of Constitutional machinery in State and Centre's

responsibility.

Emergency and its impact on Fundamental rights: Direction

of the Centre to the

State under Article-356 and 365.

Financial Emergency and its Implications

Reference books M.V. Pylee: Constitutions of the World (2003), Universal.

M.P. Singh (ed). V.N. Shukla' : Constitutional Law of India (2008),

Oxford

M.P. Singh (ed) : Comparative Constitutional Law, Festschrift in

Honour of

Professor P.K. Tripath, (2011) Eastern.

H.M. Seervai : Constitutional Law of India (1991), Tripathi.

M.P. Jain : Indian Constitutional Law (Vol-I & II - 2010) Lexis Nexis

T.K. Tope : Constitutional Law of India

Constituent Assembly Debates : Vol-9 (pp.203, 240, 302-349) and Vol-

10 (325-342)

Administrative Reforms Commission: Report of the Study Team on

Central-State Relationships (1967) Vol-I Sections-I & II.

L.M. Singhvi (ed) : Union-State Relations in India (1969)

K. Subba Rao : The Indian Federation.

K.C. Wheare : Federal Government, Oxford.

D.D. Basu : Constitutional Law of India, Prentice-Hall

D.T. Lakdawala : Union-State Financial Relation, (1967)

V.D. Sebastion : Indian Federalism and Legislative Conflicts (1985)

Granville Austin : Indian Constitution Cornerstone of the Nation: Fifty

years of the working of the Indian Supreme Court

B.N. Rau : Making of the Indian Constitution

V.M. Dandekar : "Unitary Elements in a Federal Constitution" 22 EPW,

1865 (1988)

S.P. Sathe : Fundamental Rights and Amendment of Indian Constitution

(1968)

G.C.V. Sabbu Rao : Legislative Powers in Indian Constitutional Law

(1982)

International Commission of Jurists : Status of Emergency and Human

Rights (1984)

S.K. Verma and Kusum (eds) : Fifty Years of the Supreme Count of

India – Its Grasp and Reach (4th Impression-2009) Indian Law Institute

Oxford.

Report of the National Commission to Review the Working of the

Constitution (2002)

Relevant Volumes of the Annual Survey of Indian Law published by the

Indian Law Institute (Constitutional Law-II) New Delhi.




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course: 1905090102020001: Legal Education and Research Methodology

Course Code 1905090102020001

Course Title Legal Education and Research Methodology

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course The purpose of this paper is to study various aspects of legal education and

to learn and understand the procedure involved in legal research.

Course objective The course objective is to conduct legal research in a systematic manner

and to learn about legal education.

Course

Outcome

CO1: To study how and why legal education was introduced in India

and to understand the importance of legal education.

CO2: Identify and explain the broad contexts of legal research,

various constituencies of that research and different forms of analysis

of that research.

CO3: Construct a literature review, frame a legal research question

and develop an appropriate methodology.

CO4: Demonstrate persuasive and effective written and oral

communication skill.

CO5: Synthesise and critically identify, use and evaluate a range of

legal resources

CO6: Record, store and manage research data


with PSOs


CO1

CO2

CO3

CO4

CO5

CO6

PSO 1. Should be able to Gather and interpret relevant facts and

conduct legal research.

PSO 2. Should be able to Demonstrate understanding of substantive

and procedural law with basic principles of Business Law which is

sufficient to enter into the legal profession and other professions in

which legal knowledge is an advantage.

PSO 3. To understand specific issues relating to Economic

Legislation, Banking and Insurance Sector, Industrial and

Intellectual Property Transitional Trade Agreement.

PSO 4. To apply business law in contemporary business practices.

PSO 5. To analyze the emerging Legal issues concerning

Commerce, Insurance, Banking and Industrial Sector.

PSO 6. To evaluate the existing economic practices and its

implication on the economy. PSO 7. To create Legal Experts in the field of Banking, Insurance and Trading Houses who can contribute in the formation of new policies which shall help in administration of Justice.

Course Content 1. Legal Education

1.1 Objectives of Legal Education

1.2 Methods of Law Teaching - Merits & Demerits

1.2.1 Lecture Method

1.2.2 Problem Method

1.2.3 Discuss Method

1.2.4 Seminar Method

1.2.5 Pedagogy & Use of ICT

1.3 Post Graduate Teaching: Pedagogy and Use of ICT.

1.4 Examination System - Internal and External Evaluation and

Problems in evaluation.

1.5 Students Participation in law school programmes -

Organisation of seminars, publication of journal, students'

feedback

1.6 Clinical Legal Education : Legal aid, legal literacy, legal

survey and law reform

2. Research Methodology

2.1 Research, Legal Research and Socio-Legal Research

2.2 Research Methods and Research Methodology-distinction

2.3 Kinds of research methods

2.3.1 Doctrinal and non-doctrinal

2.3.2 Relevance of empirical research

2.3.3 Induction and Deduction methods of Reasoning

3. Research Problem

3.1 What is research problem?

3.2 Identification and formulation of research problem

3.3 Survey of literature and bibliographical research

3.4 Legislative materials including subordinate legislations,

notifications and policy statements

3.5 Decisional materials including foreign decisions, methods of

discovering "rule of the case", tracing history of important cases

and whether overruled; discovering judicial conflict in areas

pertaining to the research problem and the

reasons thereof.

3.6 Juristic writings-survey of juristic literature relevant to select

problem in Indian and Foreign periodicals.

3.7 List of Reports and Special Studies conducted relevant to the

research problem

4. Preparation of Research Design

4.1 Meaning, Contents, Steps of Research Design

4.2 Characteristics and Significance of Research Design

4.3 Types of Research Designs

4.4 Designs of Study in Empirical Research

4.5 Sampling Method in Legal Research

4.6 Legal Impact Analysis and Impact of Judicial decisions

4.7 Scaling Technique

4.8 Socio-metry in Socio-legal Research

5. Devising Fools and Techniques for Data Collection

5.1 Questionnaire and Schedule

5.2 Interviewing : Art and Skill

5.3 Scaling Technique in Socio-legal Research

5.4 Use of observation studies

5.5 Use of Historical and Comparative research and case

materials and juristic literature

5.6 Methods of collection of statutory and case materials and

juristic literature

5.7 Use of case studies

5.8 Jurimetrics

6. Classification and Tabulation of Data

6.1 Use of cards for data collections and Rules for tabulation

6.2 Analysis and Interpretation of Data

7. Use of Computers and Law Library

8. Report writing

Reference books Robert Watt : Concise Legal Research (2001) Universal.

S.K. Myneni : Legal Research Methodology (2001) Allahabad

Hugh Brayne, Nigal Duncan and Richard Grimes : Clinical Legal

Education - Active

Learning in your Law School (2003) Oxford.

N.R. Madhava Menon (ed) : A Handbook on Clinical Legal Education

(1998) Eastern

S.K. Agrawal (ed) : Legal Education in India (1973), Tripathi

Indian Law Institute Publication : Legal Research and Methodology

(2001)

M.O. Price , H. Bitner and Bysiewicz : Effective Legal Research (1979)

Pauline V. Young : Scientific Social Survey and Research (1962)

Morris L. Cohen : Legal Research in a Nutshell (1996) West Publishing

Co.

Harvard Law Review Association : Uniform System of Citations.

William J. Goode and Paul K. Hatt : Methods in Social Research (1952)

H.M. Hyman : Inter viewing in Social Research (1965)

Payne : The Art of Asking Questions (1965)

Erwin C. Surrency, B. Fielf and J. Crea : A Guide to Legal Research

(1959)

UGC Report of the Curriculum Development Centre in Law Vol-I & II

(1990) and UGC Model Curriculum in Law Report (2001).




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090102030002 – Law of Export-Import – II

Course Code 1905090102030002

Course Title Law of Export-Import – II

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course This course is designed to make student to give deep knowledge

about the concept of export and import with various international

agreements and FDI and FII.

Course objective After independence India has embarked upon all round efforts to

modernise her economy through developmental ventures. Greater and

greater emphasis is placed on increase of production in both

industrial and agricultural sectors. Besides, there was the ever-

pressing need for raising capital for investment in certain basic and

key industries. All these required a considerably high rate of

investment of capital. The process of modernisation necessitated the

adoption of newer technologies for industry and agriculture. These

technologies had to be borrowed from other developed countries.

This, in turn, needed foreign exchange which could be earned by the

increased exports of goods and raw materials from India. The need

for accelerating the export trade of India's developing economy can

hardly be over emphasised. Export earnings enable a developing

country to finance its massive requirements of growth, to maintain its

essential imports and thereby stimulate the process of its economic

developments. In the words of Prof. V.K. R.V. Rao: "In fact,

expansion of exports may well be described as an integral part of the

development process, neglect of which can only be at the peril of

development itself". Increasing exports have been necessitated to

meet the growing needs of defence. India is a country rich in natural

resources. One of the approaches to combat its economic

backwardness could be in large-scale production and in maximization

of its exports. Import and export of goods and raw materials is a

complex, complicated and intricate activity. It involves elaborate

economic, fiscal, budgetary and monetary policy considerations.

Export and Import control policy is also closely connected with

country's balance of payment position. The detailed procedures for

imports and exports are provided in the Hand Book. The Union

Government used to declare its import and export policy for a three-

year period. At present they declare the policy for five years. The

controls on exports and imports are closely connected with the

Foreign Trade Regulation Act 1992. Law 250 This course is designed

to acquaint the students about the parameters of legal controls on

imports and exports.

Course Outcome CO1. Understanding the basic of Import and Export.

CO2. Understand the various International Agreement.

CO3. Analysis the impact of Foreign Trade Policy.

CO4. To understand various modes of FDI and FII.

Mapping between

CO’s with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Export Management

International Marketing

Export Promotion Council & Commodity Boards

2. Preliminary exercise for import and export

2.1 Steps for Import

2.2 Categories of importers and exporters

3. Import Export Documents and procedure

3.1 Duty entitlement passbook scheme

3.2 Duty free import authorization

3.3 Deemed export

4. Quality control & Pre-shipment inspection

5. Control under FEMA

5.1 Conservation of Foreign Exchange

5.2 Foreign Exchange Rate Policy

5.3 Foreign Currency Accounts in India & Abroad

5.4 FERA and FEMA

6. Investment Policy- NRI, FII, FDI

7. Foreign Investment , Borrowing & Lending

8. Legislative Control

Central Govt. & RBI

Reference books Select Bibliography

1. Import Policy, Procedure and Documentations[ 6th

Edition 2010-11]- By M.I Mahajan Snow White

Publications , Mumbai ( Rs.595/-)

2. Export Policy, Procedures and Documentation [24th

Edition 2010-11]-By By M.I Mahajan Snow White

Publications , Mumbai ( Rs.750/-)

3. Journal of Business Law

4. Annual Survey of India Law

5. Govt. of India- Handbook of Import-Export procedure

6. Govt. of India- Handbook of Import-Export Policy

7. FERA

8. FEMA

9. Banking Laws




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090102040002

Law of Industrial & Intellectual Property Rights – II (Patent & Trademark)

Course Code 1905090102040002

Course Title Law of Industrial & Intellectual Property Rights – II (Patent &

Trademark)

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course This course is designed to enhance the knowledge with the basic

fundamentals of Patent and Trademark among the students.

Course objective The concept of intellectual property rights as developed in India

cannot be divorced from the developments in the international arena

as well as in the nation-to-nation relations. The impact of IPR regime

on the economic front is emphasised in this paper. In particular,

greater attention would be given here to the law relating to unfair and

restrictive trade practices as affecting the regime of intellectual

property rights. New areas of development, especially plant patenting

and patenting of new forms of life (biotechnology) should receive

special attention. Evidentiary aspects of infringement, and human

right dimensions of the regime of intellectual property law will also

be addressed.

Course Outcome CO1. Remembering, understanding and applying Trademark law and its

basic concepts.

CO2. Remembering, understanding and applying the Patent Act so as

to understand the various concepts under it.

CO3. Applying, analyzing and evaluating international aspects of

Trademark and Patent Law.

C04. Evaluating and analyzing the contemporary issues in Trademark

and Patent Law.


with PSOs PSO1 PSO2 PSO3 PSO4 PSO5 PSO6 PSO7

CO1

CO2

CO3

CO4

Course Content → IPR in International perspectives

→ Special problems of status of computer software in Patent

→ Evolution of Patent Law- upto 2005(from 1975)

→ Biotechnology patents

- TRIPS

- Plant patenting

- Sui generis protection for plant varieties

- Multinational ownership

- Regulation of environment and health hazards in Biotechnology patent

- Indian policy and Patent

→ Patent search, examination and records:

- European Patent Treaty (EPT)

- Patent CO-operation Treaty (PCT)

- Differences in resources for patent examination between developed and

developing countries (societies)

- Indian situation

→ Special problems of proof of Infringement

TRIPS obligation

- The evidentiary problems in action of passing off

- The proof of non-anticipation, novelty of Inventions protected by Patent

Law

- Evidentiary problems in Piracy

- TRIPS obligation, reversal of burden of proof in process patent

→ Need and Scope of Law reforms

Trade Mark

→ Law relating to Trademark Act, 1999

- Service Marks

- Certification Marks, Collective Marks & Well known Marks

- Distinctiveness of Trade Mark

- Distinct Trademark

- Deceptive similar Trademark ( subject matter of Trademark), condition for

registration, remedies for Infringement

- Possing-off Action

→ Geographical Indication and TRIPS, Indian position, Appellation of

origin

→ Traditional knowledge

- Economics of TK, TK & Biodiversity

- Bio piracy, Indian Legal Regim and Trademark

- Trademark protection & promotion

→ Protection of plant & varieties Act

→ Information Technology Act, 2000

Reference books -




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090102050002 – Corporate Finance – II

Course Code 1905090102050002

Course Title Corporate Finance – II

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course Industrialization has played, and has to play, a very vital role in the

economic development of India. In the post independent era,

industrial development is regarded, and hence employed, as principal

means in the strategy for achieving the goal of economic and social

justice envisioned in the constitution. Corporation, both public and

private, and are viewed as a powerful instrument for development,

and theory for ameliorating the living standards of masses. In a

developing society like India enormous varieties of consumer goods

are manufactured or produced. Obviously, the situation raises the

issues of procuring utilizing and managing the finances. For this

purpose a science of financial management techniques has been

evolved. The faculties of commerce, business and management

studies have since last decades started to impart instruction so as to

turn out sufficiently well-equipped and adequately trained financial

personnel. However, the legal and juristic aspects of corporate

finance have been more or less not effectively taken care of. The

CDC recognized the importance of these aspects. A law person has to

play noteworthy role in the developmental processes.

Course objective In view of the above perspectives the broad objectives of this cause

may be formulated as follows-

1. To understand the economic and legal dimensions of

corporate finance in the process of industrial development in

establishing social order in the context of constitutional

values.

2. To acquaint the students with the normative philosophical

and economic contours of various statutory rules relating to

corporate finance.

3. To evaluate the application and functioning of such statutory

rules in their role for the establishment of “just” order in

India.

4. To acquaint the students with the organisation, functions,

lending, and recovery procedures, conditions of lending and

accountability of international national and state financing

institutions and also of commercial banks; and

5. To acquaint the students with the process of the flow and

outflow of corporate finance.

Course Outcome CO1. To help the students understand the concept of corporate

finance.

CO2. Distinguish different types of business structure, identify the

major corporate financial decisions and corporate objective, and

describe some important basic concepts.

CO3. To help the students understand the working of corporate

financial system and investment decision.

CO4. Explain how to value a firm and apply skills in evaluation debt

and equity securities;

CO5. The raising of Capital for business by way of equity, debt and

loans and the laws regulating the same are now in focus. The stock

exchanges and their functioning, the new concept of

dematerialization of shares and the Depositories Act including the

future and options market are aspects which need to be known.


with PSOs


CO1

CO2

CO3

CO4

CO5

Course Content → Conservation of Corporate Finance

- Regulation by disclosure

- Control on payment of dividends

- Managerial remuneration

- Payment of commissions & brokerage

- Inter-corporate loans and investments

- Pay-back of shares

- Other corporate spending

→ Administrative Regulation on Corporate Finance

- Inspection of Accounts

- SEBI

- Central Govt. control

- Control by registrar of companies

- RBI control

→ Legal aspects governing corporate management

- Meetings, Majority rule and Minority protection

- Prevention of oppression, mismanagement

- Role of central Govt., company registrar, Company Law Board/ Tribunal

→ Corporate Governance

- Concept

- Significance

- Dimensions

- Legal framework

- Impact of globalization

→ FEMA

– FERA

→ Wending up

Reference books - Guide to Company Law Ramaiya

- Corporate Finance- Principles & Problems S.C.Kuchhal

- Govt. Regulations of Financial Management of Private Sector in

India Y.D.Kulshreshta

- Current Problems of Corporate Law

- Company Law & Corporate Finance Ferrari Eillis

- Corporate Law N.L.S. of India University, Bangalore

- Company Law Avtar Singh - Company Law Taxman




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090102060002– Legal Regulations on Economic Enterprises – II

Course Code 1905090102060002

Course Title Legal Regulations on Economic Enterprises – II

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course This course is designed to prepare the student regarding complete

adherence to the Indian economy, concept of commodity, foreign

exchange and environment.

Course objective After independence we have placed greater emphasis on the growth

of our economy. The focus is on growth, both in public and private

sectors, so as to cope up with the problems of population explosion.

We have found that there is now almost a circle from laissez faire to

welfare state and again back to laissez faire. Adoption of the concept

of global economy in the presence of the socialistic perspectives in

the Constitution presents a dilemma. The trends of liberalization

starting in the early nineties and continuing to this day bring a shift in

focus of regulation in diverse fields of economic activities. This

course is designed to acquaint the students of the eco-legal

perspectives and implications of such development

Course Outcome CO1: Analyze various Five year plan in the Indian Economy and its

impact on the market.

CO2: Understanding the goals, processes, dynamics, and relevant

provisions of the Bankruptcy Code and its impact on the economy.

CO3: Critically evaluate functions of 3 major authorities and

understand concept of FDI and FII.

CO4: Understanding the role of economics at National and

International Level with relation to Commodities, Foreign Exchange

and Environment.


with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Problems of Control & Accountability

2. Regulation of Hazardous Activity

2.1 Environment Protection

2.2 Specific Acts

2.3 Constitutional Provisions for environment protection

3. Industrial Disputes Act

4. IRAI

IRDA

Broadcasting Regulatory Authority

Transport Regulatory Authority

5. Legal Regulation of Multinational

5.1 Collaboration agreement for Technology transfer

5.2 Development & Regulation of Foreign Investment

6. Trade Union Act

7. Corporate Liability

7.1 Legal Liabilities of Companies

7.2 Civil, Criminal & Tortious Liability

7.3 Social Responsibility

7.4 Specific Relief Act

7.5 Writs-PIL

7.6 Liability under Specific Statutes

7.7 Public Liability Insurance Act

8. SEZ

Reference books Selected Bibliography

1. Guide to Company Law- Ramalya

2. Corporate Finance- Principles and Problems- S.C Kuchhal

3. Govt. Regulations of Financial Management of Private Sector

in India-Y.D Kulshreshta

4. Current Problems of Corporate Law

5. Company Law & Corporate Finance-Ferrari Eillis

6. Corporate Law- NLSU, Bangalore

7. Company Law-Avatar Singh

8. Company Law- S.M Shah, Taxman Company Law

9. Company Law by K.Kisha

10. Industrial Policy Resolutions 1948,1958,1991

11. Industrial Policy Statement

12. Economic Policy

13. Industrial Development & Regulation Act, 1961

14. Modern Company Law- Dr. S.C Tripathi

15. Company Law- K.Kishor




Attendance 05 Marks





10 Marks

Course


Total 100 marks

Semester III

Semester III


per week

Course

Credit

University

Examination

Inter

nal

Mar

ks

Total

Mar

ks Theo

ry

Pract

ical

Durati

on

Marks

1905090103010001 Law and Social

Transformation 4 0 4

3hrs 70 30 100

1905090103020001 Judicial

Process 4 0 4

3hrs 70 30 100

1905090103030002 Law of

Insurance – I 4 0 4

3hrs 70 30 100

1905090103040002 Law of

Insurance – II 4 0 4

3hrs 70 30 100

1905090103050002 Banking Law -

I 4 0 4

3hrs 70 30 100

1905090103060002 Banking Law -

II 4 0 4

3hrs 70 30 100

Course: 1905090103010001: Law and Social Transformation in India

Course Code 1905090103010001

Course Title Law and Social Transformation in India

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course The purpose of this paper is to make the students aware the role that

law has played and has to play in the contemporary Indian society.

Course objective This course is designed to offer the teacher and the taught with –(a)

awareness of Indian approaches to social and economic problems in

the context of law as a means of social control and charge; and (b) a

spirit of inquiry to explore the law and legal institutions as a means to

achieve development within the framework of law.

Course Outcome CO1: Explain constitutional orientation and response to social

transformation

CO2: Describe aspects of non-discrimination on the ground of

language

CO3: Identify affirmative actions necessary for social transformation

CO4: Analyze the impact of multiculturalism and ethnicity

CO5: Conceptualize modernization of law and social institutions.


with PSOs


CO1

CO2

CO3

CO4

CO5

Course Content 1. Law and Social Change

1.1 Law as an instrument of social change.

1.2 Law as the product of traditions and culture.

Criticism and evaluation in the light of colonization and the

introduction of common law system and institutions in India and

its impact of further development of law and legal Institutions in

India.

2. Religion and the law

2.1 Religion as a divisive factor.

2.2 Secularism as a solution to the problem.

2.3 Reform of the law on secular lines: Problems.

2.4 Freedom of religion and non- discrimination on the basis of

religion.

2.5 Religious minorities and the law.

3. Language and the law

3.1 Language as a divisive factor: Formation of linguistic states.

3.2 Constitutional guarantees to linguistic minorities

3.3 Language policy and the constitution: Official Language:

multi-language system.

3.4 Non- discrimination on the ground of language.

4. Community and the law

4.1 Caste as a divisive factor.

4.2 Non - discrimination on the ground of caste.

4.3 Acceptance of caste as a factor to undo past injustices.

4.4 Protective-discrimination: Scheduled castes, tribes backward

classes.

4.5 Reservation; Statutory Commissions, Statutory provisions.

5. Regionalism and the law

5.1 Regionalism as a divisive factor.

5.2 Concept of India as one unit.

5.3 Right of movement, residence and business; impermissibility

of state of region berries

5.4 Equality and in matters of employment: the slogan “Sons of

the Soil” and its practice.

5.5 Admission to education institutions: preference to residents of

state.

6. Women and the law

6.1 Crimes against women

6.2 Gender injustice and its various forms.

6.3 Women’s Commission.

6.4 Empowerment of women: Constitutional and other legal

provisions.

7. Children and the law

7.1 Child labour.

7.2 Sexual exploitation.

7.3 Adoption and related problems.

7.4 Children and education.

8. Modernisation and the law

8.1 Modernisation as a value: Constitutional Perspectives

reflected in the fundamental duties.

8.2 Modernisation of social institution through law.

8.2.1 Reform of family law

8.2.2 Agrarian reform – Industrialisation of agriculture.

8.3 Agrarian reform- Free enterprise v. State regulation-

Industrialisation environmental protection.

8.4 Reform of court processes.

8.4.1 Criminal law: plea bargaining; compounding and

payment compensation to victims.

8.4.2 Civil law: (ADR) Confrontation v. Confrontation v.

consensus; Mediation and conciliation; Lok adalats.

8.4.3 Prison reforms.

8.5 Democratic decentralization and local self-governments.

9. Alternative approaches to law

9.1 The jurisprudence of Sarvodaya- Gandhiji, vinoba bhave;

Jayaprakash Narayan; Surrender of decoits; consept of grama

nyanalayas.

9.2 Socialist thought on law and justice; an enquiry through

constitutional debate on the right to property.

9.3 India Marxist critique of law and justice.

9.4 Naxalite movements: causes and cure.

Reference books Marc Galanter (ed.):Law and Society in Modern India (1997) Oxford.

Robert Lingat : The Classical Law of India (1998), Oxford.

U. Baxi:The Crisis of the Indian Legal System (1992), Vikas, New

Delhi.

U. Baxi (ed.):Law and Poverty Critical Essays (1988), Tripathi,

Bombay.

: Towards Sociology of Law, 1986, Satvahan

: Human Rights in Post Human World 2007,

Oxford

Manushi: A Journal about Human and Society.

Duncan Derret: The State, Religion and Law of India (1999), Oxford

University Press, New Delhi.

H.M. seevai: Constitutional Law of India (1996), Tripathi.

D.D. Basu: Shorter Constitution of India (1996) Prentice- Hall of

India (P) Ltd. New Delhi.

Sunil Deshta and kiran Deshta : Law and Menace of Child Labour

(2000) Anmol Publication, Delhi.

Savitri Goonasekhare:Children, Law and Justice (1997) Sage.

Indian Law Institute:Law and Social Change: Indo- American

Reflections, Tripathi(1998).

J.B. Kripalani : Gandhi: His Life and Though (1970) Ministry of

Information and Broadcasting Government of India,

Agnes, Flavia:Law and Gender inequality: The Politics of Women’s

Rights in India (1999) Oxford.

P Ishwara Bhat : Law And Social Transformation, Eastern

Amarya Sen : Identity and Violence : The Illusion of Destiny (2005)

: Development as Freedom (2000) Oxford

Andre Batille : Antomies of Society, Oxford

A.R. Desai : Rural Sociology in India, Popular

: Social Background of Indian Nationalism,

Popular

B.A. Masodkar : Society, State and The Law, N.M. Tripathi

Bhikhu Parekh : Rethinking Multiculturalism, Palgrave M’ç Millan

: Colonialism, Tradition and Reform: An

Analysis of Gandhi’s Political Discourse, Sage

Biplab Das Gupta : The Naxalite Movement, Allied Publishers

B.K. Sinha and Pushpendra (Eds.):Land Reforms in India: An

Unfinished Agenda Sage.

B.R. Ambedkar:Need for Checks and Balances: Articles on

Linguistic State (1947-1953).

: Thoughts on Linguistic States (1995)

Catherine Mackinnon:Feminism Unmodified:Discourses on Life and

Law, 1987, Harvard.

: Towards Feminist Theory of State

1989, Harvard

W. Friedman : Law in a changing Society 1996, University Book

House

Veena Das (ed.) : Sociology and Social Anthropology, 2003, Oxford

V.D. Maharajan : Ancient India 1970, Chand

V.R. Verma : The Political Philosophy of Mahatma Gandhi and

Sarvodaya

V.R. Krishna Iyer:Law and Life, 1979, Vikas.

Girish Agarwal and Colin Gonsalves: Dalits and the Law, 2005,

Human Rights Law Network, New Delhi.




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course: 1905090103020001: Judicial Process

Course Code 1905090103020001

Course Title Judicial Process

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course The purpose of this paper is to conduct a systematic study of the

concept of justice and its various theoretical foundations. This paper,

therefore, intends to familiarize the students which various theories,

different aspects and alternative ways, of attaining justice.

Course objective This paper, therefore, intends to familiarize the students which

various theories, different aspects and alternative ways, of attaining

justice.

Course Outcome CO1: To understand the hierarchy of judiciary under the Indian

Constitution

CO2: To know about the nature of judicial process and learn about

the principles of statutory interpretation.

CO3: To understand the role of judges and judiciary in pursuit of

judicial process in India

CO4: To learn about the concept of Justice and its interrelationship

with Law.


with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Judicial System under the Constitution

1.1 Supreme Court – Establishment and constitution –

Appointment and Removal of Judge – Court of Record

– Jurisdiction – Original, Exclusive, Appellate –

Special Leave – Advisory Jurisdiction – Interpretation

of the Constitution. Supreme Court as a political

institution. The Supreme Court’s approach to the

question of determination of its own jurisdiction

Article-32, Article-136

1.2 High Courts – Courts of Record – Constitution of high

courts – Appointment, Transfer and Removal –

Jurisdiction – power to issue writs and other powers

1.3 Subordinate judiciary – Appointment of district judges

– control over subordinate courts – other courts

1.4 Court system in India: backlogs, arrears, alternatives

Lok Adalats, Public Interest Litigations.

1.5 Stare decisis – the Doctrine, techniques – Supreme

Court’s authority to over – rule its own decision –

Advisory Jurisdiction and its Import on Precedent;

Prospective Over – ruling in India;

2. Nature of Judicial Process

2.1 Judicial process as an instrument of social ordering

2.2 Judicial process and creativity in law-common law

model-Legal Reasoning and Growth of law-change

and stability.

2.3 The tools and Techniques of judicial creativity and

precedent.

2.4 Legal development and creativity through legal

reasoning under statutory and codified systems.

2.5 Statutory interpretation as aspects of judicial process –

rules of statutory interpretation; Legalism and Rule of

literal interpretation; Creativity: Mischief and Golden

Rule; Self Discipline and Rules of Construction in

fiscal and Criminal Statutes; Technically: Rules as to

necessary and implied repeal; Rules for interpretation

of codifying, consolidating and amending statutes;

Values and Interpretation.

3. Special Dimensions of Judicial Process in Constitutional

Adjudications.

3.1 Notions of and nature and objection to judicial review

– Articles-32, 222, 227 – Constitutional basis for

judicial review

3.2 Constitutional interpretation – ways in which it differs

from statutory interpretation – Literal Construction,

Harmonious Construction, Reference to Constituent

Assembly Debates; Doctrine of Pith and Substance;

Occupied Field; Residuary Power; Approaches to

interpretation of repugnancy; Approaches to

Interpretation of Amending Power; Directive

Principles as canons of constitutional interpretation.

3.3 ‘Role’ in constitutional adjudication-various theories

of judicial role.

3.4 Tools and techniques in policy-making and creativity

in constitutional adjudication.

3.5 varieties of judicial and juristic activism, judicial and

juristic restraint

3.6 Problems of accountability and judicial law-making.

4. Judicial Process in India

4.1 Indian debate on the role of judges and on the notion

of judicial review.

4.2 The ‘Independence’ of judiciary and the ‘political’

nature of judicial process.

4.3 Judicial activism and creativity of the Supreme Court-

the tools and techniques of creativity.

4.4 Judicial process in pursuit of constitutional goals and

values – new dimensions of judicial activismand

structural challenges.

4.5 Institutional liability of courts and judicial activism-

scope and limits.

5. The Concepts of Justice

5.1 The concept of justice or Dharma in Indian thought

5.2 Dharma as the foundation of legal ordering in Indian

thought.

5.3 The Concept and various theories of justice in the

western thought.

5.4 Various theoretical bases of justice: the liberal

contractual tradition, the liberal utilitarian tradition

and the liberal moral tradition.

6. Relation between Law and Justice

6.1 equivalence Theories – Justice as nothing more than

the positive law of the stronger class

6.2 Dependency theories – For its realization justice

depends on law, but justice is not the same as law.

6.3 The Independence of justice theories – means to end-

relationship of law and justice – The relationship in

the context of the Indian constitutional ordering.

6.4 Analysis of selected cases of the Supreme Court where

the judicial process can be seen as influenced by

theories of justice.

Reference books Julius Stone : The Province and Function of Law, Part II, Chs. 1.8-

16(2000), Universal, New Delhi

: Social Dimension of Law and Justice, Universal.

Cardozo : The nature of Judicial Process (1995) Universal, New

Delhi

: The Growth of Law, Universal

Henry J. Abraham: The Judicial Process (1996), Oxford.

J.Stone : Precedent and the Law: Dynamics of Common Law

Growth (1985) Butterworths.

W. Friedmann : Legal Theory (1960), Stevens, London.

Bodenheimer : Jurisprudence – the Philosophy and Method of the

Law (1997), Universal, Delhi.

J.Stone : Legal Systems and Lawyers’ Reasoning (1999), Universal,

Delhi

Rajeev Dhavan : The Supreme Court of India – A Socio-legal

Critique of the Juristic Techniques (1977), Tripathi, Bombay.

John Rawl : A Theory of Justice (2000), Universal, Delhi.

Edward H. Levi : An Introduction to Legal Reasoning (1970),

University of Chicago.

G.P. Singh : Select Judgments (2012) Lexis Nexis, Butterworths

Wadhwa

S.K. Verma and Kusum : Fifth Years of The Supreme Court of

India – Its Grasp and Reach (2009) Oxford.

Rajeev Bhargava, Michael Dusehe and Helmut Reifeld : Justice,

Political, Social, Juridical 2008, Sage.

S.P. Sathe : Judicial Activism in India, Oxford

: Constitutional Amendments 1950-1988 Law and

Politics, Tripathi

S.P. Sathe and Sathya Narayan : Liberty, Equality and Justice;

Struggles for New Social order, 2003.

U. Baxi : ‘Introduction to Justice’ in K.K. Mathew’s ; Democracy

Equality and Freedom (1978)

: The Indian Supreme Court and Politics (1980)

: Courage, Craft and Contension : The Indian Supreme

Court in the mid-eighties (1985)




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course –1905090103030002 – Law of Insurance – I

Course Code 1905090103030002

Course Title Law of Insurance – I

Credit 4

Teaching per week 4

Minimum weeks per

semester

15


Purpose of course This course is designed to acquaint the students with the conceptual

and operational parameters of insurance law in the context of the

development of the general principles of law and judicial

interpretation to inform the students about the use of law for the

establishment of "just" order in insurance and to develop the

appreciative and evaluative faculties of the students.

Course objective As early as in 1601 one finds an excellent exposition of the insurance

idea expressed in these words of an Act of British Parliament "the

loss lighteth rather easily, upon many than heavily upon few". The

insured person transfers from his own shoulders to the insurers, who,

in return for agreeing to assume a potential risk of 1oss receive a

payment known as premium. The insurers rely on the probability that

only some of the losses, they insure against will in fact occur within

any given period. They calculate, therefore, that they will be left with

a profit. The insurer, on the other hand, is better able to risk his

capital in trade since he knows that certain events which he cannot

control, such as fire, shipwreck, will not cause him to lose his

investment. The insurance idea is an old-institution of transactional

trade. The age old form of insurance was the marine insurance. There

is nothing like disaster to set men's minds to work. Consequently, in

due course of time fire and life insurance, made their appearance.

Within the last hundred years the insurance principle is being

extended wider. Today one finds insurance cover for accidents, motor

vehicles, glass, livestock, crop, burglary and various other disasters.

Insurance is a device not to avert risks, calamities and disasters; but

to mitigate their rigours and. financial losses. The function of

insurance is to spread such loss arising from risks of life over a large

number of persons. The operational framework of insurance idea is

provided by the general principles of contract. The insurance policy,

being a contract, is subject to all the judicial interpretative techniques.

Besides, the insurance idea has a compensatory justice component.

This brings it in the arena of the law of tort as well. It is even

suggested that a fully grown and developed law of insurance may, if

not totally displace, decrease the significance of the law of tort. This

course is designed to acquaint the students with the conceptual and

operational parameters of insurance law in the context of the





Course Outcome CO1. Comprehending and remembering the evolution of concept of

Insurance.

CO2. Understanding and developing ability to apply the basic

principles and rules in the field of Insurance Sector.

CO3. Understanding about accident insurances, property insurances,

Insurance against third party risks with miscellaneous Insurance

Schemes.

CO4. Applying and understanding the Concept of Deficiency in

Insurance Services.


with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Introduction

1.1 Nature of insurance contract, various kinds of insurance, proposal,

policy, parties consideration, need for utmost good faith, insurable interest,

indemnity.

1.2 Insurance policy, law of contract and law of torts-future of insurance :

need, importance and place of insurance

1.3 Constitutional perspectives - the Entries 24, 25, 29, 30, 47 of List 1

Union List; 23, 24, of List III.

2. General Principles of Law of Insurance - Definition, nature and history

- The risk - commencement, attachment and duration

- Assignment and alteration

- Settlement of claim and subrogation

- Effect of war upon policies

- Surrender , cancellation laps of policy , and renewal

- Nationalization , and disinvestment

3.Insurance Against Accidents

- The Fatal Accidents Act, 1855 - Objects and reasons

- Assessment of compensation - Contributory negligence apportionment of compensation

and liability the personal Injuries (Compensation insurance)

Act, 1963 Compensation payable under the Act

- Compensation insurance scheme under the Act-

Compulsory insurance. 4. Property Insurance

4.1 The Emergency Risks (Factories) Insurance

4.2 The Emergency Risks (Goods) Insurance

4.3 Policies covering risk of explosion

4.4 Policies covering accidental loss, damage to property

4.5 Policies covering risk of storm and tempest

4.6Glass-plate policies

4.7 Burglary and theft policies

4.8 Livestock policies

4.9 Goods in transit insurance

4.10 Agricultural insurance

5. Insurance Against Third Party Risks

The Motor Vehicles Act, 1988

Nature and scope

Effect of insolvency of death on claims of insolvency and death of parties,

certificate of insurance

Claims tribunal; constitution, functions, application for compensation,

procedure, powers and award

Liability Insurance

Nature and kinds of such insurance

Public liability insurance Professional negligence insurance

6. Miscellaneous Insurance Schemes : New Dimensions

6.1 Group life insurance Salary Savings ,

6.2 Mediclaim, sickness insurance

6.3 Anti Money Laundering , Guide Line for Investors

Reference books - John Hanson and Christopals Henly, All Risks Property Insurance

(1999), LLP Asia, Hongkong. Peter Mac Donald Eggers and Patric

Foss, Good Faith and Insurance Contracts (1998)

- LLP Asia, Hongkong Banerjee, Law of Insurance (1994),

- Asia Law House, Hyderabad. Mitra B.C, Law Relating to Marine

Insurance (1997)

- Asia Law House, Hyderabad JCB Gilmar and Mustill, Arnold on

the Law of Marine Insurance, (1981),

- Sweet & Maxwell Birds, Modern Insurance Law (1997)

- Sweet & Maxwell Colinvaux's Law of Insurance (1997),

- Sweet & Maxwell O'Mary on Marine Insurance (1993),

- Sweet & Maxwell. International Labour Office, Administration

Practice of social Insurance (1985)

- E.R. Hardy Ivamy, General Principles of insurance Law (1979)

- Edwin W. Patterson, Cases and Materials on Law of insurance

(1955)

- M. N. Sreenivasan Law and the Life Insurance Contract (1914)




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090103040002– Law of Insurance – II

Course Code 1905090103040002

Course Title Law of Insurance – II

Credit 4

Teaching per week 4

Minimum weeks per

semester

15



and operational parameters of insurance law in the context of the





Course Objective As early as in 1601 one finds an excellent exposition of the insurance

idea expressed in these words of an Act of British Parliament "the

loss lighteth rather easily, upon many than heavily upon few". The

insured person transfers from his own shoulders to the insurers, who,

in return for agreeing to assume a potential risk of 1oss receive a

payment known as premium. The insurers rely on the probability that

only some of the losses, they insure against will in fact occur within

any given period. They calculate, therefore, that they will be left with

a profit. The insurer, on the other hand, is better able to risk his

capital in trade since he knows that certain events which he cannot

control, such as fire, shipwreck, will not cause him to lose his

investment. The insurance idea is an old-institution of transactional

trade. The age old form of insurance was the marine insurance. There

is nothing like disaster to set men's minds to work. Consequently, in

due course of time fire and life insurance, made their appearance.

Within the last hundred years the insurance principle is being

extended wider. Today one finds insurance cover for accidents, motor

vehicles, glass, livestock, crop, burglary and various other disasters.

Insurance is a device not to avert risks, calamities and disasters; but

to mitigate their rigours and. financial losses. The function of

insurance is to spread such loss arising from risks of life over a large

number of persons. The operational framework of insurance idea is

provided by the general principles of contract. The insurance policy,

being a contract, is subject to all the judicial interpretative techniques.

Besides, the insurance idea has a compensatory justice component.

This brings it in the arena of the law of tort as well. It is even

suggested that a fully grown and developed law of insurance may, if

not totally displace, decrease the significance of the law of tort. This

course is designed to acquaint the students with the conceptual and

operational parameters of insurance law in the context of the





Course Outcome CO1. Comprehending and remembering the evolution of concept of

Insurance in India.

CO2. Understanding and basic concepts with principles and

applicability of Life Insurance.


applicability of Marine Insurance.


applicability of Fire Insurance.


with PSOs


CO1

CO2

CO3

CO4

Course Content 1. Indian Insurance Law : General

1.1 History and development

1.2 The Insurance At 1938 and the Insurance Regulatory Authority Act,

2000

1.3 Mutual insurance companies and cooperative life insurance societies 1.4

Double Insurance and re-insurance

1.5 Consumer Protection Act 1986 1.6 General insurance Business (

Nationalization) Act 2002

2. Life Insurance

Life insurance Act 1956

Nature and scope

Event insured against life insurance contract

Circumstances affecting the risk

Amounts recoverable under life policy

Persons entitled to payment

Settlement of claim and payment of money

3. Marine Insurance

3.1 Nature and Scope

3.2 Classification of marine policies

3.2.1 The Marine Insurance Act, 1963

3.2.2 Marine Insurance

3.2.3 Insurable interest, insurable value

3.2.4 Marine insurance policy - condition - express warranties

construction of terms of policy

3.2.5 Voyage - deviation

3.2.6 Perils of the sea

3.2.7 Assignment of policy

3.2.8 Partial laws of ship and of freight, salvage, general average,

particular charges

3.2.9 Return of premium

4. Fire insurance

Reference books - Manual of Insurance law 14th ed. (2011) edited By Ravi Puliani ,

Bharat Law House Pvt . Ltd , New Delhi - J. V. N Jaiswal , Law of Insurance , Eastern Book Company ,

lucknow John Hanson and Christopals Henly, All Risks Property

Insurance (1999), LLP Asia, Hongkong. - Peter Mac Donald Eggers and Partic Foss, Good Faith and

Insurance Contracts (1998) LLP Asia Hongkong.

- Banerjee, Law of Insurance (1994), Asia Law House, Hyderabad.

Mitra B.C., Law Relating To Marine Insurance (1997) Asia Law

House, Hyderabad

- JCB Gilmar and Mustill, Arnold on the Law of Marine Insurance,

(1981), - Sweet & Maxwell Birds, Modern Insurance Law (1997), - Sweet & Maxwell Colinvaux's Law of Insurance (1997),

- Sweet & Maxwell O'Mary on Marine Insurance (1993), - Sweet & Maxwell International Labour Office, Administration

Practice of social Insurance (1985) - E.R. Hardy Ivamy, General Principles of Insurance law (1979)

- Edwin W. Patterson, Cases and Materials on Law of Insurance

(1995) - M.N. Sreenivasan Law and the Life Insurance Contract (1914)




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090103050002 – Banking Law – I

Course Code 1905090103050002

Course Title Banking Law – I

Credit 4

Teaching per week 4

Minimum weeks per

semester

15



and operational parameters of banking law, the judicial interpretation

and the new and emerging dimensions of the banking system.

Course objective A vitally important economic institution the banking system is

deeply influenced by sociopolitical and economic changes. The

emerging changes in India, particularly after the initiation of the

planning process as an instrument of rapid economic development

has moulded and affected the banking structure, policies, patterns and

practices. A significant development in the banking system is

diversification in banks financing. The commercial banks entered

'into the field of wide ranging financial assistance to industry, both

large and small scale, requiring the need for social control of the

banking system eventually leading to the nationalization of banks.

The conventional banking system, found to be deficient for planned

developmental purposes, paved the way of developmental banking.

The fag end of the last millennium witnesses influx of foreign

banking companies into India and a shift in the banking policy as part

of the global phenomenon of liberalization. The legal system is

adopting itself into the new mores. This course is designed to

acquaint the students with the conceptual and operational parameters

of banking law, the judicial interpretation and the new and emerging

dimensions of the banking system

Course Outcome CO1. Students shall acquaint with the conceptual and operational

parameters of banking system, nature and development.

CO2. Students will learn history of banking, relationship of banker

and customer, lending by banks.

CO3. Students shall learn new and emerging dimensions with

reformations of the banking system.



CO1

CO2

CO3


1.1 Banking system - Nature and development

1.2 History of banking in India and elsewhere-indigenous banking-

evolution of banking in

India-different kinds of banks and their functions.

1.3 Multi-functional banks - growth and legal issues

Private Banks, National Banks and Foreign Banks

Cooperative Banks ( NABARD) Commercial Banks

1.4 Banking Organisations

1.5 Legal Aspects of banking operations

2. Social Control over Banking

2.1 Nationalization

2.2 Evaluation : Private ownership, nationalization and disinvestment

2.3 Protection of depositors

2.4 Priority lending

2.5 Promotion of under privileged classes

3. Relationship of banker and Customer

Legal character

Contract between banker and customer

Banker's lien

Protection of bankers

Customers

Nature and type of accounts

Special classes of customers - lunatics; minor, partnership, corporation,

local authorities

Banking duty to customers

Consumer protection : Banking as service

4. Lending by Banks

Good lending principles

Lending to poor masses

Securities for advance

Kinds and their merits and demerits

Repayment of loans : rate of interest, protection against penalty

Default and recovery

Debt recovery tribunal

RBI Monetary and Credit Reserve Policy 2010-11

Cash Reserve Ratio (CRR) and Statutory Liquidity Ratio [SLR]

Recent Trends of Banking System in India

5.1 New technology

5.2 Information technology

5.3 Automation and legal aspects

5.4 Automatic teller machine and use of internet

5.5 Smart card

5.6 Use of expert system

5.7 Credit cards

5.8 Global Banking Institutions

6. Reforms in Indian Banking Law

6.1 Recommendations of committees : a review of chore committees –

Tandan Committee , Narashiham Committee , High Power Committee

6.2 The Banking ombudsman Schemes

Nationalization Banking Scheme 1970 & 1980

Reference books - M.L. Tannan, Tannan's Banking Law and Practice in India (2010)

Lexis Nexis Butterworth ,by Wadehava New Delhi,2 volumes

- Modern Banker’s Manual (2011) Modern law Pub, New Delhi

- Banking Laws and Practice, Modern law Press, New Delhi By R. K.

Gupta

- Banking and Financial Institutional laws, (2010 ) Universal , New

Delhi

- Basu, A. Review of Current Banking Theory and Practise (1998)

Mac millan

- M.Hapgood (ed.), Pagets' Law of Banking (1989) Butterworths,

London

- R.Goode, Commercial Law, (1995) Penguin, London.

- Ross Cranston, Principles of Banking Law (1997) Oxford.

- L.C.Goyle, The Law of Bankig and Bankers (1995) Eastern

- K.C.Shekhar, Banking Theory and Practice (1998) UBS Publisher

Distributors Ltd. New Delhi.

- M.Dassesse, S.Isaacs and G.Pen, E.C. Banking Law, (1994) Lloyds

of London Press, London.

- V.Conti and Hamaui (eds.), Financial Markets' Liberalization and

the Role of Banks', Cambridge University Press, Cambridge, (1993)

- J.Dermine (ed.) European Banking in the 1990s' (1993) Blackwell,

Oxford.

- C.Goodhart, The Central Bank and the Financial System (1995) :

Macmillan, London

- S.Chapman, The Rise of Merchang Banking (1984) Allen Unwin,

London

- K.Subrahmanyan, Banking Reforms ain India (1997) Tata Maigraw

Hill, New Delhi.

- Suboth Markandeya and Chitra Markandeye, Law Relating to

Foreign Trade in India: Being a Commentary on the Foreign Trade,

(Development and Regulation) Act 1992, Universal Law Publishing

Co., Pvt. Ltd. Delhi.

- R.S.Narayana, The Recovery of Debts due to Banks and Financial

Institutions Act, 1993 (51 of 1993), Aisa Law House, Hyderabad.

- M.A.Mir, The Law Relating to Bank Guarantee in India (1992),

Metropolitan Book, New Delhi.

- Anthony Pierce, Demand Guarantees in International Trade (1993)

Sweet & Maxwell.

- Ross Cranston (ed.) European Banking Law: The Banker-Customer

Relationship (1999) LLP, London.

- Mitra, The Law Relating to Banker's Letters of Credit and Allied

Laws, (1998) University Book Agency, Allahabad.

- R.K.Talwar, Report of Working Group of Customer Services in

Banks

- Janakiraman Committee Report on Securities Operation of Banks

and Financial Institution (1993)

- Narashimham Committee report of the Financial System (1991)

Second Report (1999)




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Course – 1905090103060002 – Banking Law – II

Course Code 1905090103060002

Course Title Banking Law – II

Credit 4

Teaching per week 4

Minimum weeks per

semester

15



and operational parameters of banking law, the judicial interpretation

and the new and emerging dimensions of the banking system.

Course objective A vitally important economic institution the banking system is

deeply influenced by sociopolitical and economic changes. The

emerging changes in India, particularly after the initiation of the

planning process as an instrument of rapid economic development

has moulded and affected the banking structure, policies, patterns and

practices. A significant development in the banking system is

diversification in banks financing. The commercial banks entered

'into the field of wide ranging financial assistance to industry, both

large and small scale, requiring the need for social control of the

banking system eventually leading to the nationalization of banks.

The conventional banking system, found to be deficient for planned

developmental purposes, paved the way of developmental banking.

The fag end of the last millennium witnesses influx of foreign

banking companies into India and a shift in the banking policy as part

of the global phenomenon of liberalization. The legal system is

adopting itself into the new mores. This course is designed to

acquaint the students with the conceptual and operational parameters

of banking law, the judicial interpretation and the new and emerging

dimensions of the banking system

Course Outcome CO1. Students shall learning about the laws relating to banking

companies in India.

CO2. Students will be well equipped with the knowledge of deposit

insurance, central bank, banking operations with negotiable

instruments.

CO3. Students shall learn about various banking legislations in India.



CO1

CO2

CO3

Course Content 1. Law Relating to Banking Companies in India

1.1 Controls by government and its agencies

1.1.1 on management

1.1.2 on accounts and audit

1.1.3 Lending

1.1.4 Credit policy

1.1.5 Reconstruction and reorganization

1.1.6 Suspension and winding up

1.2 Contract between banker and customer : their rights and duties

2. Deposit Insurance

The Deposit Insurance Corporation Act 1961: objects and reasons

Establishment of Capital of DIC

Registration of banking companies insured banks, liability of DIC to

depositor

Relations between insured banks, DIC and Reserve Bank of India

3. The Central Bank

3.1 Evolution of Central Bank

3.2 Characteristics and functions

3.3 Economic and social objectives

3.4 The Central Bank and the State - as bankers' bank

3.5 The Reserve Bank of India as the Central Bank Organisational

structure

3.6 Functions of the RBI

3.6.1 Regulation of monitory mechanism of the economy

3.6.1.1 Credit control

3.6.1.2 Exchange control

3.6.1.3 Monopoly of currency issue

3.6.1.4 Bank rate policy formulation

3.7 Control of RBI over non-banking companies

3.7.1 Financial companies

3.7.2 Non-financial companies

4. Banking operation and Negotiable Instruments

4.1 Meaning and kinds

4.2 Transfer and negotiations

4.3 Holder and holder in due course

4.4 Presentment and payment

4.5 Liabilities of parties

5. Banking Laws ( Legislations )

5.1 Banking Regulations Act 1949

5.2 IDBI Act 1964 & 2003

5.3 NABARD ACT 1951 Gen Regulations

5.4 National Housing Banking Act 1957

5.5 Reserve Bank of India Act 1934

5.6 Small Industrial Development of India Act 1989

5.7 State Bank of India Act 1955

5.8 Cooperative Banks and Banking Regulation Act 1946

5.9 Banker Book Of Accounts Act 1891

Reference books - M.L. Tannan, Tannan's Banking Law and Practice in India (2010)

Lexis Nexis Butterworth ,by Wadehava New Delhi,2 volumes

- Modern Banker’s Manual (2011) Modern law Pub, New Delhi

- Banking Laws and Practice, Modern law Press, New Delhi By R. K.

Gupta

- Banking and Financial Institutional laws, (2010 ) Universal , New

Delhi

- Basu, A. Review of Current Banking Theory and Practise (1998)

Mac millan

- M.Hapgood (ed.), Pagets' Law of Banking (1989) Butterworths,

London

- R.Goode, Commercial Law, (1995) Penguin, London.

- Ross Cranston, Principles of Banking Law (1997) Oxford.

- L.C.Goyle, The Law of Bankig and Bankers (1995) Eastern

- K.C.Shekhar, Banking Theory and Practice (1998) UBS Publisher

Distributors Ltd. New Delhi.

- M.Dassesse, S.Isaacs and G.Pen, E.C. Banking Law, (1994) Lloyds

of London Press, London.

- V.Conti and Hamaui (eds.), Financial Markets' Liberalization and

the Role of Banks', Cambridge University Press, Cambridge, (1993)

- J.Dermine (ed.) European Banking in the 1990s' (1993) Blackwell,

Oxford.

- C.Goodhart, The Central Bank and the Financial System (1995) :

Macmillan, London

- S.Chapman, The Rise of Merchang Banking (1984) Allen Unwin,

London

- K.Subrahmanyan, Banking Reforms ain India (1997) Tata Maigraw

Hill, New Delhi.

- Suboth Markandeya and Chitra Markandeye, Law Relating to

Foreign Trade in India: Being a Commentary on the Foreign Trade,

(Development and Regulation) Act 1992, Universal Law Publishing

Co., Pvt. Ltd. Delhi.

- R.S.Narayana, The Recovery of Debts due to Banks and Financial

Institutions Act, 1993 (51 of 1993), Aisa Law House, Hyderabad.

- M.A.Mir, The Law Relating to Bank Guarantee in India (1992),

Metropolitan Book, New Delhi.

- Anthony Pierce, Demand Guarantees in International Trade (1993)

Sweet & Maxwell.

- Ross Cranston (ed.) European Banking Law: The Banker-Customer

Relationship (1999) LLP, London.

- Mitra, The Law Relating to Banker's Letters of Credit and Allied

Laws, (1998) University Book Agency, Allahabad.

- R.K.Talwar, Report of Working Group of Customer Services in

Banks

- Janakiraman Committee Report on Securities Operation of Banks

and Financial Institution (1993)

- Narashimham Committee report of the Financial System (1991)

Second Report (1999)




Attendance 05 Marks





Course

10 Marks


Total 100 marks

Semester 4


per week

Cours

e

Credit

University

Examination

Inte

rnal

Mar

ks

Tota

l

Mar

ks

The

ory

Pra

ctic

al

Durati

on

Marks

2005090104010001 Practical/Projec

t Work

16 - - - 100

2005090104020001

Dissertation

and Submission

of Thesis

8 - - - 200

Course: 2005090104010001: Practical/Project Work

Course Code 2005090104010001

Course Title Practical/Project Work

Credit 16

Teaching per week

Minimum weeks per

semester

15


Purpose of course The purpose of this paper is to get practical knowledge of field as

well as learn the various aspects of research and research

methodology through practical application.

Course objective To get practical knowledge of field as well as learn the various

aspects of research and research methodology through practical

application.

Course Outcome CO1: Critically read, understand and evaluate current literature in the

discipline

CO2: Integrate and synthesize ideas within the field

CO3: Demonstrate comprehensive knowledge of the literature in the

field

CO4: Critically evaluate empirical evidence

CO5: Demonstrate a comprehensive understanding of techniques

critical to scholarship in the field

CO6: Communicate clearly and effectively to specialist and non-

specialist research.


with PSOs


CO1

CO2

CO3

CO4

CO5

CO6

Course Content -

Reference books -

Teaching Methodology -

Evaluation Method

Component Marks

Practical/Project Work

(doctrinal research, non-doctrinal research,

clinical research report and class room

teaching)

100

Total 100

Course: 2005090104020001: Dissertation and Submission of Thesis

Course Code: 2005090104020001

Course Title Dissertation and Submission of Thesis

Credit 8

Teaching per week -

Minimum Weeks per

Semester

15

Effective From 2011-2012

Purpose of the Paper The purpose of this paper is to get practical knowledge of field

as well as learn the various aspects of research and research

methodology through practical application.

Course Objective To get practical knowledge of field as well as learn the various

aspects of research and research methodology through practical

application.

Course Outcome CO1: Critically read, understand and evaluate current literature

in the discipline


CO3: Demonstrate comprehensive knowledge of the literature

in the field


CO5: Demonstrate a comprehensive understanding of

techniques critical to scholarship in the field

CO6: Communicate clearly and effectively to specialist and

non-specialist research.

Mapping between CO’s and

PSO’s


CO1

CO2

CO3

CO4

CO5

CO6

Course Content -

Reference Books -

Teaching Methodology Lecture Method, Classroom teaching, Discussion, Self-Study

and Assignment

Evaluation Method

Component Marks

Thesis 140

Viva 60

Total 200

of 68

LL.M. (CRIMINAL LAW GROUP)

Name of Program Masters in Law (CRIMINAL LAW GROUP)

Duration 2 years

Total Semesters: 4

Eligibility Criteria Bachelors in Law (LL.B.)

Objective of program The main objective of the program is to glean advanced

knowledge in this discipline thereby generating employment

in the field of academics as well as career advancement in

corporate sector along with nurturing research skills in the

student.

Program Outcome PO1: In-depth Learning: To develop conceptual and

procedural in-depth knowledge of Law.

PO2: Specialized Knowledge: To explore and apply the

legal knowledge of Criminal Laws

PO3: Research Aptitude: To inculcate research aptitude

providing theoretical knowledge of legal research

methodology and practical exposure by dissertation.

PO4: Legal Education: To provide platform to become

academicians in the field of Criminal Law.

PO5: Critical Thinking: To enable the learner to translate

ideas into words, and words into practical solutions, which is

reflective of their critical thinking and thereby enabling

him/her for higher research degree with clarity of purpose.

Program Specific outcome PSO1: To familiarize the learner with the basic principles

governing the Criminal Law.

PSO2: To understand the basic conceptual framework on the

theories of crime, criminal and criminal law including the

criminal justice system.

PSO3: To evaluate the emerging trends adopted by the

criminal justice system in combating the new age crimes.

PSO4: Learn the art of doing doctrinal and empirical

research that covers knowledge and implementation of

various tools and techniques of research.

PSO5: Students are equipped with knowledge of teaching

methods enabling them to enter in teaching profession.

of 68

Mapping between PO’s and

PSO’s

PSO1 PSO2 PSO3 PSO4 PSO5

PO1

PO2

PO3

PO4

PO5


Semester 1


per week

Course

Credit

University

Examination

Inte

rnal

Mar

ks

Tota

l

Mar

ks The

ory

Prac

tical

Durati

on

Marks


Law - I 4 0 4 3hrs 70 30 100

1805090101020001 The Concept of

Law 4 0 4 3hrs 70 30 100

1805090101030001 General Principles

of Criminal Law 4 0 4 3hrs 70 30 100

180590101040001 Principles of

Criminology 4 0 4 3hrs 70 30 100

180509010150001 Principles of Law

of Evidence 4 0 4 3hrs 70 30 100

180509010160001

Comparative

Criminal

Procedure 4 0 4 3hrs 70 30 100

Course: 1805090101010001: Constitutional Law – I

Course Code: 1805090101010001

Course Title Constitutional Law – I

Credit 4

Teaching per week 4

Minimum Weeks per Semester 15


Purpose of the Paper To familiarize students with the framing of the Constitution,

working and functioning of drafting committee

Course Objective To understand the core principles embodied in the

Constitution of India


constitution

CO2 To understand the structure of executive, legislature

and judiciary

of 68

CO3 To understand the philosophy of fundamental rights

and duties

CO4 Know about the enforcement remedies available under

the Constitution of India and about access to justice through

Public Interest Litigation

CO5 To able to eluate preamble, fundamental rights and

duties, panchayat, National commission for Schedule caste,

Schedule tribe, Election commission.

C06 Understand the meaning, nature and concept of

federalism, its essential features and be able to familiarize

with the Indian federal structure and its status quo in the

contemporary era.


PSO’s


CO1

CO2

CO3

CO4

CO5

CO6


1.1 Equality before law and equal protection of law-

meaning-constitutional provisions - total conspectus.

1.2 Classification for differential treatment -

constitutional validity



1.5 Compensatory discrimination : justice to weaker

sections of the society : SC/ST/OBC




1.9 Right to Equality : privatization and its impact of

affirmative action


2.1 Freedom of Speech and expression : right to

information

2.2 Freedom of Press and Media and challenges of new

scientific developments



2.4.1 1950 to 1978

2.4.2 After 1778

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3. Personal liberty

3.1 Rights of accused: double jeopardy, self-

incrimination, retroactive punishment

3.2 Right to life and personal liberty : meaning, scope

and limitations


3.4 Preventive Detention - Constitutional Policy and

Constitutional safeguards.

3.5 Right to education: Primary education and higher

education.


4.1 Concept of Secularism and Constitutional

Provisions : Historical perspective of Indian

secularism



4.4 Religion and State in India : State control and non-

interference with religion

4.5 Minority rights : Scope and meaning of minority –

minority rights to educational institutions


5.1 Fundamental rights and directive principles - judicial

balancing



5.4 What is State? Meaning, Scope and expansion - need

to widen definition in wake of liberalization.


5.6 Reading Directive Principles into Fundamental

rights

5.7 Emerging of new rights and compensation

jurisprudence.



6.2 The relationships of the fundamental duties with

fundamental rights and directive principles.

Reference Books − Granville Austine: History of Democratic Constitution:

The Indian Experience (2000) Oxford: The Indian

of 68

Constitution: Cornerstone of a Nation (1999) Oxford Corner

Stone of a nation (1972).

− D.D. Basu, Constitutional Law of India: Prentice Hall of

India.

− Rajeev Bhargava, Secularism and Its Critics (2009) Oxford.

− Constituent Assembly Debates Vol.1 to 12

− Reajeev Bhargava, Politics and Ethics of Indian

Constitution, Oxford.

− H.M. Seervai : Constitution of India : Vol. 1 to 3, Tripathi

− M.P. Singh (ed) V.N. Shukla's : Constitutional Law of

India (2008) Oxford

− T.K. Tope's : Constitutional Law of India

− Marc Gallenter: Competing Equalities - Law and

Backward Classes in India (1984) Oxford.

− B. Sivaramayya, Inequalities and the Law (1984). Eastern.

− M.P. Jain, Indian Constitutional Law, Vol. I & II (2010)

Lexis Nexis

Teaching Methodology Lecture Method, Classroom teaching, Discussion, Self-

Study and Assignment

Evaluation Method

Component Marks

Internal Assessment (Including Seminar and

Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1805090101020001: The Concept of Law

Course Code: 1805090101020001


Credit 4

Teaching per week 4



Purpose of the Paper The course aims at understanding the various jurisprudential

theories and concepts, basics of law and also to hone their

soft skills in order to enhance their capacities to build a

strong foundation for the study of Master of Law course.

Course Objective The object of this course is to study the theory of law and its


understanding about the nature of law and basic functions of

of 68

law, the relationship between law and Justice, and law and

morals etc.



legal theory.



legal system


debates that have preoccupied legal philosophers from the

early days of civilization to modern times.


PSO’s


CO1

CO2

CO3



absolute values


1.3 Medieval period

1.4 Renaissance, Reformation and counter

reformation




1.8 The Meaning and Development of Natural Law

in Eighteenth and Nineteenth Century









2.3 John Austin


2.5 Classical Legal Positivism and Indian Legal

System


of 68



3.3 Modern Trends in Analytical and Normative

Legal Theory





4.1 What is sociological jurisprudence and sociology

of law?







4.7.1 Laswell

4.7.2 McDougal


4.7.4 Selznick

4.8 From Sociological Jurisprudence to Sociology of

Law




4.8.4 Autopoiesis

4.9 Sociological Jurisprudence and Indian

Perspective

5. Legal Realism




5.1.3 Jerome Frank



5.2.1 Alf Ross



Realism

of 68

5.4 Modern Realism.



6.1.1 Savigny



6.3 Legal Pluralism













Reference Books - Raymond Works, Understanding Jurisprudence (2009)

Oxford.




- Avtar Singh, Introduction to Jurisprudence (2001)

Wadhwa.

- Wayne Morrison, Jurisprudence From the Greeks to

Post-modernism (1997) Lawman (India).

- M.D.A Freeman, Llyod's Introduction to Jurisprudence

(1994) Sweet and Maxwell.

- W. Friedman, Legal Theory (2002-Indian Reprint)

Universal.

- G.W. Paton : A Text book of Jurisprudence (2007).

Oxford.

- Bodenheimer, Jurisprudence - The Philosophy and

Method of Law (1996) Universal.

- Fitzgerald (ed). Salmond on Jurisprudence (1999)

Universal.



Reprint) Universal.

of 68

- V.D. Mahajan, Jurisprudence and Legal Theory (1996-

Reprint) Eastern.


Satvahan.




Vikas.





- W. Friedman, Law in a Changing Society (1996)

Universal.



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1805090101030001: General Principles of Criminal Law

Course Code: 1805090101030001

Course Title General Principles of Criminal Law

Credit 4

Teaching per week 4



Purpose of the Paper This course is designed with a prime object to familiarize

students with the principles of criminal liability and other

concepts of substantive criminal law.

Course Objective • To examine the historical evolution of criminal law

maxims, doctrines, and principles.

• To analyze the sentencing policy of the penal law of the

land.

• To articulate the differences between Indian Law on one

hand which is codified and non-codified British law?

• To articulate informed opinion over important,

of 68

controversial issues in criminal law.

• To recognize important considerations dealing with the

rights of criminal defendants.

Course Outcome CO1: Explain the general principles of criminal law

specifically those relating to criminal conduct, culpability

and defences, from the perspective of a range of legal

systems and traditions.

CO2: Critically evaluate relevant criminal law doctrines,

informed by developments at the forefront of legal research.

CO3: Apply the relevant principles to particular areas of the

criminal law, and to problematic cases.

CO4: Critically evaluate proposals for development of the

criminal law.


PSO’s


CO1

CO2

CO3

CO4

Course Content 1. Nature of Crime

1.1 What is crime?

1.2 Criminal Law and Morality

1.3 Law & Ethics

1.4 Definitions of Crime

2. Historical Outline

3. Penal Law in India

3.1 Religious approaches

3.2 Under the British Rule

3.3 Making of the IPC

4. Constituent Elements of Crime

5. Mens Rea

5.1 Mens Rea in IPC

5.2 Public Welfare Offences & Mens Rea

5.3 Criminal liability of a Corporation

6. General Exceptions

6.1 Mistake of Fact

6.2 Juridical Acts

6.3 Accident & Misfortune

6.4 Infancy

6.5 Insanity or Mental Abnormality

6.6 Intoxication

6.7 Consent and Compulsions

of 68

6.8 Trivial Acts

7. Private Defence

7.1 The Right of Private Defence - legislative

framework

7.2 General Principles availability and non-

availability

7.3 Circumstances and Plea of the right

7.4 Limits of the Rights

8. Attempt

9. Abetment

10. Criminal Conspiracy

11. Joint Liability

12. of Punishments

12.1 Types of Punishments

Reference Books - P.S. Atchuthen Pillai: Criminal Law (1996) M.N.

Tripathi

- Harri's: Criminal Law (2000-Indian reprint) Universal.

- K.N. Chandrasekharan Pillai: General Principles of

Criminal Law (2005) Eastern.

- Kenny's: Outlines of Criminal Law (19th edn.)

Universal.

- T.S. Batra : Criminal Law Principles of Liability

(1978) Metropolitan

- Smith and Hogan: Criminal Law Cases and Materials

(1975), Butterworths.

- K.I. Vibhute: P.S.A. Pillai's Criminal Law (2008)

Lexis Nexis.

- L. Radzinowicz: A History of English Criminal Law,

Vol. I & II (1969) Stevens.

- Russell: On Crime, Vol. I & II, Universal

- Cross and Jones: An Introduction to Criminal Law

(1972) Butterworths.

- R. Prakash: O.P. Srivastav's Principles of Criminal

Law (2010) Eastern.

- Shamsul Huda's : Principles of Law of Crimes (with

suppl by O.P. Srivastava) Eastern

• - O.P. Srivastava : Principles of Criminal Law



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

of 68

Internal Exam 15

External Exam 70

Total 100

Course: 1805090101040001: Principles of Criminology (Caus. Of Crime)

Course Code: 1805090101040001

Course Title Principles of Criminology (Caus. Of Crime)

Credit 4

Teaching per week 4



Purpose of the Paper The students will gain acquaintance with learning theories

of criminology and various schools of criminology.

Course Objective The students will gain acquaintance with learning theories

of criminology and various schools of criminology.

Course Outcome CO1: Understand the interdisciplinary nature of

Criminology and the role of criminologist in the criminal

justice system.

CO2: Describe the different schools of Criminology and

critically identify the contribution of each school of thought

for the growth and development of Criminology.

CO3: Conduct Criminological research on theories of crime

causation as well of biological, psychological, sociological

and integrated influences on criminal behavior by

distinguishing them from a variety of theoretical elements.

CO4: Engage in lifelong learning and understanding of the

need to keep abreast on the developments in the different

theories of crime causation as a field criminology and

criminal justice.

CO5: Apply professional, social, and ethical standards in

the studying theories of crime causation


PSO’s


CO1

CO2

CO3

CO4

CO5

Course Content 1. The concept of crime

1.1 Notion of deviance and crime

2. Nature and Scope of Criminology

3. Schools of Criminology

of 68

4. Individualistic Approaches to Crime-Bio-

anthropological theories

4.1 Lombroso

4.2 Modern Crimino-Biological School

4.3 Frustration - Aggression Theories

5. Individualistic Approaches to Crime :

Psychodynamic Theories

5.1 Mental disorders and Criminality

5.2 Psychoanalytical theories

6. Environment Approaches to Crime: Socio-legal

approaches.

6.1 Social Disorganisation Theories

6.2 Sutherland's Theory of Differential Association

6.3 Anomie

7. Crime and Economic Conditions

7.1 Bonger

7.2 Marxian Approaches

8. Organised Crimes

Reference Books - S.M.A. Qadri: Ahmed Siddiques Criminology -

Problems and Perspectives (2005) Eastern.

- N.V. Pananjpe: Criminology and Penology (2005)

Central Law Publications

- Sutherland Edwin and Crassey Donald - Principles of

Criminology (1900)

- Taft and England : Criminology

- Barnes and Teeters: New Horizons in Criminology

(1960)

- K.D. Gaur: Criminal Law and Criminology (2003)

Deepand Deep

- Glanville Williams: The Text Book on Criminal Law

(2nd Edition) Universal.

- Katherine S Williams: Textbook of Criminology (2001-

Indian reprint) Universal.

- K.S. Pillai : Theories of Criminology

- M.J. Sethna : Society and the Criminal (1989) M.N.

Tripathi

- J. Robert Lilly etal : Criminological Theory Context and

Consequences (2007) Sage.

- R.P. Kathuria's : Law of Crimes and Criminology. Vol. I

to IV.


Assignment

Evaluation Method

Component Marks

of 68


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1805090101050001: Principles of Law of Evidence

Course Code: 1805090101050001

Course Title Principles of Law of Evidence

Credit 4

Teaching per week 4



Purpose of the Paper The law of evidence has its own significance amongst

procedural laws. The knowledge of law of evidence is

indispensable for a lawyer. The course is designed to

acquaint the students with the rules of evidence in relation

to relevancy of facts and proof. In addition, they are

introduced to law relating to production of evidence. The

course teacher shall familiarize the students with

appreciation of evidence and use innovative techniques like

simulation exercises wherever necessary.

Course Objective The law of evidence, is an indispensable part of both

substantive and procedural laws. It imparts credibility to the

adjudicatory process by indicating the degree of veracity to

be attributed to 'facts' before the forum. This paper enables

the student to appreciate the concepts and principles

underlying the law of evidence and identify the recognized

forms of evidence and its sources. The subject seeks to

impart to the student the skills of examination and

appreciation of oral and documentary evidence in order to

find out the truth. The art of examination and cross-

examination, and the shifting nature of burden of proof are

crucial topics. The concepts brought in by amendments to

the law of evidence are significant parts of study in this

course.

Course Outcome CO1 To acquaint the students with the rules of evidence in

relation to relevancy of facts and proof as well as production

of evidence.

CO2 To analyze and define the concept and general nature

of evidence, and illustrate the different types of evidence

and court procedures relating to evidence.

of 68

CO3 To Analyze the rule relating to relevance of evidence

and admissibility of evidence before the court.

CO4 To Evaluate the rules relating to dying declaration and

admissibility of dying declaration.


PSO’s


CO1

CO2

CO3

CO4

Course Content 1. Central Conceptions in Law of Evidence

1.1 Facts

1.2 Evidence - Oral & documents Admissibility and in

admissibility

1.3 Presumption

1.4 Witness

1.5 Appreciation of Evidence

2. Facts : Relevancy

2.1 The Doctrine of Res Gestae

2.2 Common intention-evidence

2.3 The problems of "otherwise irrelevant facts"

2.4 Customs : facts for proof

2.5 Facts concerning bodies - mental state

3. Admission and Confessions

3.1 General principles concerning admissions

3.2 General principles concerning confessions

3.3 admissibility and in admissibility of admissions

and confessions

3.4 Comparison

4. Dying Declarations

4.1 the justification for relevance

4.2 judicial standards of appreciation - evidentiary

value

5. Other statement by persons who cannot be called as

witnesses

5.1 General Principles

5.2 Some special problems

6. Judgments : Relevance


6.2 Admissibility in civil and criminal matters

6.3 "Fraud" and "Collusion"

7. Expert Testimony


7.2 Who is an Expert - types of expert evidence

7.3 Problems of judicial defence to expert testimony

8. Oral and Documentary Evidence

of 68

8.1 General Principles concerning Oral Evidence

8.2 General Principles concerning Documentary

Evidence

8.3 General Principles regarding Exclusion

8.4 Special Problems of Hearing Evidence

9. Witnesses : Examination and Cross examination

9.1 Competence

9.2 Privileges


10. Burden of Proof

10.1 General conception of onus probandi

10.2 General and special exceptions to onus probandi

10.3 the justification of presumptions and of judicial

notice scope of judicial notice

10.4 justification as to presumption

10.4.1 of certain offences

10.4.2 of dowry death

11. Estoppel :

11.1 Meaning Rationale

11.2 Estoppel, Res judicata and waiver; and

presumption

11.3 kinds of Estoppel

11.4 Distinction in civil and criminal cases

Reference Books - Sarkar and Manohar: Sarkar on Evidence (1999)

Wadhwa.

- Ratanlal and Dhirajlal : Law of Evidence, Wadhwa

- Avtar Singh: Principles of Law of Evidence (1992)

Central Law Agency.

- Vepa P. Sarathi: Law of Evidence (2002-Supple-2003)

Eastern.

- Law Commission of India Reports Sixty-ninth Report

(1977) on the Indian Evidence Act.

- Albert S. Osborn: The Problem of Proof (1998-First

Indian Reprint) Universal.

- Polein Murphy: Evidence (5th Edn. Reprint 2000)

Universal


Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

of 68

Course: 1805090101060001: Comparative Criminal Procedure

Course Code: 1805090101060001

Course Title Comparative Criminal Procedure

Credit 4

Teaching per week 4



Purpose of the Paper To understand the important provisions of Criminal

procedure code

Course Objective The criminal process involves increasing expenditure of

government resources. At the same time it confronts a crisis

of intrusion into individual rights in order to protect the

common weal. Obviously, criminal procedure has to be just,

fair and reasonable to the accused as well as to the victims.

Undoubtedly the process is to be carried out in an objective

manner. Criminal procedure, thus, makes a balance of

conflicting interests. This imposes a duty upon those

connected with the working of the criminal process to abide

by the law and to exercise discretion conferred on them in

the best manner. Code of Criminal Procedure, originally

enacted years ago, had undergone many trials and

experiments, too enormous to be placed within a class room

discussion. However, the students should obtain a fair idea

how the code works as the main spring of the criminal justice

delivery system and should be exposed to the significant

riddles of the procedure.

Course Outcome CO1: Critically analyze and compare basic Criminal Law

issues in different jurisdiction, particularly India, England,

US, France, Russia, China and Germany.

CO2: Make connections to theories and readings when

analyzing comparative Criminal Law issues, and theories,

generalize and hypothesize on these issues

CO3: Study about pre-trial procedure and trial procedure

CO4: To learn about the provisions relating to review

procedures and sentencing policies


PSO’s


CO1

CO2

CO3

CO4

Course Content 1. Organising of Courts and Prosecuting Agencies

1.1 Hierarchy of Criminal courts and their jurisdiction

1.2 Nyaya Panchayats in India and in Tribal Areas

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1.3 Police Prosecutors and Defence Counsels

1.4 Withdrawal of prosecution

2. Pre Trial Procedures

2.1 General Observations

2.2 Steps to ensure accused's presence

2.3 Arrest and questioning of accused-Rights of

arrested person

2.4 Search, Seizure and production of materials

2.5 Investigation by Police

3. Trial Procedures

3.1 The Accusatory system of Trial and the

Inquisitional system

3.2 Role of judge the prosecutor and the defense

attorney

3.3 Cognizance of offences

3.4 Commencement of Trial Proceedings

3.5 Charge and common features

3.6 Disposal of Criminal cases without full Trial

3.7 Plea-Bargaining

4. Bails and Bonds

5. Principal Features of a Fair Trial

6. Trial Procedures-

6.1 Preliminary pleas to bar trial

6.2 Trial before Court of Session

6.3 Trial of warrant cases, summons cases and

summary trial

6.4 Trial Procedure and Special Rules of Evidence

7. Judgment

8. Review Procedures

8.1 Appeals

8.2 Revision

9. Transfer of Cases

10. Sentences : Execution, Suspension, remission and

commutation of sentences

11. Preventive and Precautionary measures-Special

enactments

12. Public Interest Litigations and Criminal justice

The paper will be taught with reference, wherever necessary to

the procedures in India, England, US, France, Russia, China

and Germany.

Reference Books - K.N. Chandrasekhan Pillai: R.V. Kelkar's Criminal

Procedure (2008) Eastern.

- K.N.S. Pillai : Lectures on Criminal Procedure

- K.I. Vibhute : Criminal Justice (2004) Eastern

- R.V. Kelkar's: Criminal Procedure (4th Edn.) Eastern

of 68

- Justice Malimath Committee Report on Reforms of

Criminal Justice System (2003) Government of India,

Ministry of Home Affairs

- Law Commission of India Reports

- Woodroffe: Commentaries on Code of Criminal

Procedure, Vol. I & II (2000) Universal.


Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Semester 2


per week

Course

Credit

University

Examination

Inter

nal

Mar

ks

Total

Mar

ks The

ory

Prac

tical

Durati

on

Marks


Law - II

4 0 4 3hrs 70 30 100

1905090102020001 Legal Education

and Research

Methodology

4 0 4 3hrs 70 30 100

1905090102030001 International

Criminal Law

4 0 4 3hrs 70 30 100

1905090102040001

Forensic

Science and

Crime

Investigation

4 0 4 3hrs 70 30 100

1905090102050001 Cyber Laws and

Cyber Crimes

4 0 4 3hrs 70 30 100

1905090102060001

Drug Addiction,

Human Rights

and Criminal

Justice System

4 0 4 3hrs 70 30 100


Course Code: 1905090102010001


Credit 4

of 68

Teaching per week 4



Purpose of the Paper The purpose of this paper is to make students develop and

understand the skill of reading and interpreting the

Constitution, to train students in understanding historical

evolution of Constitutional doctrines and to make students

analyze the various interpretation of Constitution by

Judiciary.

Course Objective The purpose of this paper is to make students develop and





Judiciary.

Course Outcome CO1 To introduce students with the concepts of the

Constitution by addressing the ideological framework relied

upon by the framers of the Constitution of India, the system

of government and role of judiciary by discussing and

analysing the rights and duties specified under the



and judiciary

CO3 To understand the central and state relations, financial

and administrative

CO4 To realize the status and importance of fundamental

rights, fundamental duties and directive principles of state

policy and relation among them by understanding the

articulation of its basic values under the Constitution of

India;

C05 Comprehend the basic feature of the Constitution of

India and the importance of the role of judiciary in ensuring

checks and balances




contemporary era.


PSO’s


CO1

CO2

CO3

CO4

CO5

CO6


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• Authoritarianism-Dictatorship Democracy-Historic

Evolution of Constitutional Government

• Limited Government-Concept-Limitations on

Government Power

• Separation of Powers

• Rule of Law-Concept and New Horizons

• Judicial Review and its Reach

2. Federalism

• Confederation and Federation-Distinction

• Patterns of Federal Government, What is Federal

Government

• Judicial Review for Federal Umpiring

• Principles of Federalism, Indian Constitutional

Provisions & Scheme : Central

• Control Vs. State Autonomy

• New Trends in Federalism : Co-operative

Federalism

• Plural Aspects of Indian Federalism : Special

Status of Jammu & Kashmir;

• Tribal Areas, Scheduled Areas.

• Nature and Characteristics of Indian Federalism :

Territory-Federal

• Implications; Creation of new states.


• Legislative Relations & Management of Legislative

Conflicts within Federal

• Framework.

• Administrative Relations and Management of

Executive Conflicts within

• Federal Framework.

• Distribution of Fiscal Power, Financial Relations

and Management of Financial

• Conflicts, Restrictions and Regulations of Fiscal

Power and Allocation within


• Judicial Machinery for settlement of Centre-State

and Inter-State Disputes

• Inter-State Disputes, Comity and Co-operation

within Federal Framework.

• Justice Sarkaria Commission: Recommendations on

Centre-State Relations.


• Parliamentary Government at the Centre and State

• Union Executive :

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− President: Election, Qualifications, Powers,

Impeachment and Relationship with Council of

Ministries.

− Council of Ministries : Prime Minister-Cabinet

System-Collective & Individual Responsibility

− Attorney General of India

• State Executive :

− Governor and State Government Constitutional

Relationship

− Governor's position from the perspective of

Federalism

• Legislative Processes, Powers and Privileges and

Immunities.

− Comptroller & Auditor General of India

• Coalition Government and Anti Defection Law

• Local Governments : Panchayats, Municipalities

− Union Territories

− Scheduled & Tribal Areas

• Free & Fair Elections as essence of Democracy and

the Role of Election Commission

5. Constitutional Processes of Adaptation and

Alterations

• Methods of Constitutional Amendments

• Limitations upon Constituent Power

• Development of Basic Structure, Doctrine of

Judicial Activism and Restraint

• Power, Procedure of Constitutional Amendment

and its implications of Federal Structure.

6. Inter-State Trade and Commerce: Problems and

Perspectives

• Freedom

• Exceptions

• Implications on the Concept of Federalism


• Doctrine of Pleasure of the President and the

Governor

• Protection against arbitrary removal, reduction and

dismissal.

• Public Service Commissions.


• Proclamation and Effect of Proclamation.

• Duty of Union to protect States

• Failure of Constitutional machinery in State and

Centre's responsibility.

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• Emergency and its impact on Fundamental rights:

Direction of the Centre to the

• State under Article-356 and 365.

• Financial Emergency and its Implications

Reference Books − M.V. Pylee: Constitutions of the World (2003), Universal.

− M.P. Singh (ed). V.N. Shukla' : Constitutional Law of India

(2008), Oxford

− M.P. Singh (ed) : Comparative Constitutional Law, Festschrift

in Honour of

− Professor P.K. Tripath, (2011) Eastern.

− H.M. Seervai : Constitutional Law of India (1991), Tripathi.

− M.P. Jain : Indian Constitutional Law (Vol-I & II - 2010)

Lexis Nexis

− T.K. Tope : Constitutional Law of India

− Constituent Assembly Debates : Vol-9 (pp.203, 240, 302-349)

and Vol-10 (325-342)

− Administrative Reforms Commission: Report of the Study

Team on Central-State Relationships (1967) Vol-I Sections-I

& II.

− L.M. Singhvi (ed) : Union-State Relations in India (1969)

− K. Subba Rao : The Indian Federation.

− K.C. Wheare : Federal Government, Oxford.

− D.D. Basu : Constitutional Law of India, Prentice-Hall

− D.T. Lakdawala : Union-State Financial Relation, (1967)

− V.D. Sebastion : Indian Federalism and Legislative Conflicts

(1985)

− Granville Austin : Indian Constitution Cornerstone of the

Nation: Fifty years of the working of the Indian Supreme

Court

− B.N. Rau : Making of the Indian Constitution

− V.M. Dandekar : "Unitary Elements in a Federal Constitution"

22 EPW, 1865 (1988)

− S.P. Sathe : Fundamental Rights and Amendment of Indian

Constitution (1968)

− G.C.V. Sabbu Rao : Legislative Powers in Indian

Constitutional Law (1982)

− International Commission of Jurists : Status of Emergency and

Human Rights (1984)

− S.K. Verma and Kusum (eds) : Fifty Years of the Supreme

Count of India – Its Grasp and Reach (4th Impression-2009)

Indian Law Institute Oxford.

− Report of the National Commission to Review the Working of

the Constitution (2002)

− Relevant Volumes of the Annual Survey of Indian Law

published by the Indian Law Institute (Constitutional Law-II)

New Delhi.



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Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100


Course Code: 1905090102020001 Course Title Legal Education and Research Methodology

Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to study various aspects of legal

education and to learn and understand the procedure involved in

legal research.

Course Objective The course objective is to conduct legal research in a systematic

manner and to learn about legal education.

Course Outcome CO1: To study how and why legal education was introduced

in India and to understand the importance of legal education.

CO2: Identify and explain the broad contexts of legal

research, various constituencies of that research and

different forms of analysis of that research.

CO3: Construct a literature review, frame a legal research

question and develop an appropriate methodology.



CO5: Synthesise and critically identify, use and evaluate a

range of legal resources

CO6: Record, store and manage research data Mapping between CO’s and

PSO’s


CO1

CO2

CO3

CO4

CO5

CO6




of 68







1.4 Examination System - Internal and External

Evaluation and Problems in evaluation.


Organisation of seminars, publication of journal,

students' feedback

1.6 Clinical Legal Education : Legal aid, legal literacy,

legal survey and law reform


2.1 Research, Legal Research and Socio-Legal

Research

2.2 Research Methods and Research Methodology-

distinction




2.3.3 Induction and Deduction methods of

Reasoning

3. Research Problem




3.4 Legislative materials including subordinate

legislations, notifications and policy statements

3.5 Decisional materials including foreign decisions,

methods of discovering "rule of the case", tracing

history of important cases and whether overruled;

discovering judicial conflict in areas pertaining to the

research problem and the

reasons thereof.

3.6 Juristic writings-survey of juristic literature relevant

to select problem in Indian and Foreign periodicals.

3.7 List of Reports and Special Studies conducted

relevant to the research problem



4.2 Characteristics and Significance of Research

Design




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4.6 Legal Impact Analysis and Impact of Judicial

decisions








5.5 Use of Historical and Comparative research and

case materials and juristic literature

5.6 Methods of collection of statutory and case



5.8 Jurimetrics


6.1 Use of cards for data collections and Rules for

tabulation



8. Report writing Reference Books − Robert Watt : Concise Legal Research (2001) Universal.

− S.K. Myneni : Legal Research Methodology (2001) Allahabad

− Hugh Brayne, Nigal Duncan and Richard Grimes : Clinical

Legal Education - Active

− Learning in your Law School (2003) Oxford.

− N.R. Madhava Menon (ed) : A Handbook on Clinical Legal

Education (1998) Eastern

− S.K. Agrawal (ed) : Legal Education in India (1973), Tripathi

− Indian Law Institute Publication : Legal Research and

Methodology (2001)

− M.O. Price , H. Bitner and Bysiewicz : Effective Legal

Research (1979)

− Pauline V. Young : Scientific Social Survey and Research

(1962)

− Morris L. Cohen : Legal Research in a Nutshell (1996) West

Publishing Co.

− Harvard Law Review Association : Uniform System of

Citations.

− William J. Goode and Paul K. Hatt : Methods in Social

Research (1952)

− H.M. Hyman : Inter viewing in Social Research (1965)

− Payne : The Art of Asking Questions (1965)

− Erwin C. Surrency, B. Fielf and J. Crea : A Guide to Legal

Research (1959)

− UGC Report of the Curriculum Development Centre in Law

Vol-I & II (1990) and UGC Model Curriculum in Law Report

(2001).

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Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102030001: International Criminal Law

Course Code: 1905090102030001

Course Title International Criminal Law

Credit 4

Teaching per week 4



Purpose of the Paper The course looks at the rules, concepts, principles,

institutional architecture, and enforcement of what we call

international criminal law or international criminal justice,

or, sometimes, the law of war crimes.

The focus of the course is the area of international criminal

law concerned with traditional “war crimes” and, in

particular, four of the core crimes set out in the Rome Statute

(war crimes, torture as a crime against humanity, genocide

and aggression). It adopts a historical, philosophical and

practical focus throughout, though the course is mainly

directed at the conceptual problems associated with the

prosecution of war criminals and, more broadly, legalised

retribution. Attention, in this respect, will be directed

towards the moral and jurisprudential dilemmas associated

with bureaucratic criminality and individual culpability.

Course Objective The course takes a gander at the standards, ideas, standards,

institutional design, and implementation of what we call

global criminal law or worldwide criminal equity, or, at

times, the law of war violations.

The focal point of the course is the area of worldwide

criminal law worried about customary "atrocities" and,

specifically, four of the center wrongdoings set out in the

Rome Statute (atrocities, torment as an unspeakable atrocity,

annihilation and hostility). It embraces a chronicled,

philosophical and viable concentration all through, however

the course is primarily aimed at the theoretical issues related

with the indictment of war crooks and, all the more

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comprehensively, legitimized requital. Consideration, in

this regard, will be coordinated towards the moral and

jurisprudential problems related with regulatory guiltiness

and individual culpability.

Course Outcome CO1: To understand international criminal law and its basic

principles, concepts and methodologies and be familiar with

the sources and methods of research in the field of

international criminal law

CO2: To have an understanding of the evolution of the

concept of international crime, from piracy juris gentium to

the drafting of the Statute of the International Criminal Court

CO3: To examine the role played by the United Nations and

its subsidiary bodies in the development of international

criminal law

CO4: To examine the different international and national

procedures for prosecuting or otherwise dealing with

international crimes, and the political and legal determinants

of those procedures, also with regard to their enforcement

CO5: To assess the contribution made to the development

of international criminal law by the Nuremberg and Tokyo

International Military Tribunals, the International Criminal

Tribunals for the former Yugoslavia and Rwanda, as well as

national tribunals and so-called "mixed tribunals", and to

consider the legal and political questions to which those

proceedings give rise

CO6: To have an understanding of the law and procedure

regulating the activities of the International Criminal Court.


PSO’s


CO1

CO2

CO3

CO4

CO5

CO6


1.1 Meaning and sources of International Criminal

Law

1.1.1 Other concepts of international criminal

law

1.1.2 Sources of international criminal law

1.1.3 International criminal law and other areas

of law

1.1.4 A body of criminal law

1.2 The objectives of international criminal law

2. Prosecutions in National Courts

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2.1 Jurisdiction of national courts

2.2 National prosecutions of international crimes

2.3 State co-operation with respect to national

proceedings

3. International Prosecutions

3.1 History international criminal prosecutions;

Nuremberg and Tokyo

3.2 The Ad-hoc International Criminal Tribunal:

Yugoslavia (1993), Rwanda (1994).

3.3 The International Criminal Court (ICC)

3.3.1 Creation of ICC

3.3.2 Structure and Composition of ICC

3.3.3 Crimes within jurisdiction of ICC

3.3.4 Proceedings before the ICC

3.3.5 Jurisdiction of the ICC

3.3.6 Enforcement of decisions of the ICC

3.3.7 Appraisal of the ICC

3.4 Other Courts with international elements

4. Substantive Law of International Crimes

4.1 Genocide

4.2 Crimes against humanity

4.3 War crimes

4.4 Aggression

4.5 Transitional Crimes, Terrorism and Torture

5. Principles and Procedures of International Prosecutions

5.1 General principles of liability

5.2 Defences/grounds for excluding criminal liability

5.3 Procedures of international criminal investigations

and prosecutions

5.4 Victims in the international criminal process

5.5 Sentencing and penalties

6. Relationship between National and International

Systems

6.1 State co-operation with the international courts and

tribunals

6.2 Immunities

6.3 Alternatives and complements to criminal

prosecution

6.4 Future of International criminal law

Reference Books - Malcolm Shaw: International Law (6th edn-2008)

Cambridge

- Robert Cryer, Hakan Friman, Darryl Robinson and

Elizabeth Wilmhurst: An Introduction of International

Criminal Law and Procedure (2nd edn-2010) Cambridge

- Robert Cryer: Prosecuting International Crimes:

Selectivity and the International Criminal Law (2005)

Cambridge

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- Ian Brownlie: Principles of Public International Law

(2008) Oxford

- S.P. Gupta: Internal Law and Human Rights (2009)

Allahabad.

- Devin O. Pendas: The Frankfurt Auschwitz Trial 1963-

65 Genocide History and the Limits of the Law (2010)

Cambridge.

- Mark Osiel: Making Sense of Mass Atrocity (2009)

Cambridge

- Victor Peskin: International Justice in Rwanda and the

Balkans - Virtual Trials and Struggle, for State co-

operation (2009) Cambridge

- Phi Clark: The Gacaca Courts, Post-Genocide Justice

and Reconciliation in Rwanda- Justice without

Lawyers (2010) Cambridge

- Willem J.M. Van Genugten, Michael P. Scharf and Sasha

E. Radin (eds): Criminal Jurisdiction 100 years after the

1907 Hague Peace Conference (2009) Cambridge

- Gerhard Werle: Principles of International Criminal

Law (2009) Cambridge

- Jarinde Temminck Tuinstra: Defence Counsel in

International Criminal Law (2009) Cambridge

- Ellen L. Lutz and Caitiin Reigner (eds): Prosecuting

Heads of State (2009) Cambridge

- Larry May and Zachary Hoskins : International Criminal

Law and Philosophy (2009) Cambridge

- Larry Alexander, Kimberly Kessler Ferzan and Stephen J.

Morse : Crime and Culpability A theory of Criminal


- Nancy A. Combs: Fact-Finding in International

Criminal Law (2010) Cambridge

- Chantal Meloni: Command Responsibility in

International Criminal Law (2010) Cambridge

- Carsten Stahn and Larissa Van den Herik (eds): Future

Perspectives on International Criminal Justice (2010)

Cambridge

- Yasmin Naqvi: Impediments to Exercising Jurisdiction

over International Crimes (2010) Cambridge

- Christine Schvon: International Criminal Procedure - A

Clash of Legal Cultures (2009) Cambridge

- William A. Schabas: An Introduction to the

International Criminal Court (2011) Cambridge

- Guenael Mettraux: International Crimes and Ad hoc

Tribunals (2005) Cambridge

- Antonio Casses: The Oxford Companion to

International Criminal Justice (2009) Oxford

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- Knut Dormann, Louise Doswald - Beck, Robert Kolb:

Elements of War Crimes under the Rome Statute of the

International Criminal Court (2002) Cambridge

- Dominic Mc Goldrick, Peter J. Rowe, Eric Donnelly : The

Permanent International Criminal Court (2004)

Cambridge

- Alexander Zahar, Goran Sltuiter : International Criminal


- M. Cherif Bassiouni: International Criminal Law:

Sources, Subjects and Contents (2008) Cambridge

- Ilias Bantekas, Susan Nash, Mark Mackarel: International

Criminal Law (2001) Cambridge



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102040001: Forensic Science and Crime Investigation

Course Code: 1905090102040001

Course Title Forensic Science and Crime Investigation

Credit 4

Teaching per week 4



Purpose of the Paper The present course is intended to develop an understanding

of the scientific principles of crime scene investigation and

reconstruction, including evidence collection and

preservation.

Course Objective The objective of the course is to learn about the student will

be able to describe the fundamental principles and functions

of forensic science and its significance to human society.

The student will be able to illustrate the divisions in a

forensic science laboratory. And also student will

understand the working of the forensic establishments in

India and abroad.

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Course Outcome CO1: Demonstrate the capabilities, use, potential and

limitations of forensic laboratory theory and techniques in

respect to the analysis of evidence.

CO2: Utilize ethical principles and an understanding of

legal precedents to make decisions related to investigative

techniques, analysis of evidence, and courtroom testimony.

CO3: Demonstrate problem-solving skills and synthesize

forensic, evidential, and investigatory information from

multiple sources to generate theories about a crime.

CO4: Demonstrate the ability to conduct interviews and

interrogations, develop and execute investigative plans,

follow up investigative leads, document their findings, and

testify to the interpretation of evidentiary findings in a

courtroom setting. Mapping between CO’s and

PSO’s


CO1

CO2

CO3

CO4

Course Content 1. Forensic Science

1.1 Meaning and Definition

1.2 Historical Perspective

1.3 Need and Principles

1.4 Tools and Techniques

1.5 Forensic Science Institutions

2. Laws in Forensic Science

2.1 The Indian Constitution and Article 20(3)

2.2 The Indian Evidence Act and Expert Evidence

and Expert Testimony: Sections 45, 73, 51, 159.

2.2.1 Problems of Proof

2.3 Code of Criminal Procedure, 1973 and S. 293.

2.4 Judicial Approach - Important Case Law

regarding techniques and expert evidence

3. Recent Advances in Forensic Sciences

3.1 The Polygraph (Lie-Detector Test)

3.1.1 Development, Principle, Instrument

3.1.2 Whether Self-incriminating,

Fundamental Rights to life, privacy

3.1.3 Admissibility and in-admissibility

3.2 Voice Identification Spectrograph

3.2.1 Development, Principle & Technique

3.2.2 Evaluation & Interpretation

3.3 Narco-Analysis Test

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3.3.1 Brain Mapping Test

3.3.2 Confession and its Evidentiary

Evaluation

3.3.3 Conducting of tests and Permissibility

3.3.4 Principles of Natural Justice

3.4 DNA Fingerprinting

3.4.1 What is DNA, Source of DNA

3.4.2 DNA Profiling Technique

3.4.3 Evidentiary clue materials

3.4.4 Forensic Applications of DNA Test

3.4.4.1 DNA Testing and Human

Right Implications in Civil &

Criminal Cases

3.4.5 DNA and Expert Evidence-Evidentiary

Standards and Relevancy

4. Identification of Disputed Documents, Foot Prints,

Fingerprints, Ballistics and Toxicology

4.1 Disputed Documents - their Examination -

identification and handwriting

4.2 Fingerprints and Footprints identification

4.3 Ballistics - Firearms – identifications

4.4 Toxicology - poison - kinds of poison

5. Medical Evidence in Offences against Women

5.1 Statutory Provisions of Penal Law as to Rape.

Sections 375, 376-A to 376-D of the Indian Penal

Code and Section 114-A of the Indian Evidence Act.

5.1.1 Sources of evidence in rape cases and

essentials for medical examination of the

prosecutrix.

5.2 Dowry death: Sections 498-A and Section 304-B

of the IPC; Sections 198-A, 174 & 176 of Cr.P.C.

and Section 113-A and 113-B of the Indian Evidence

Act, Scope and Presumption as to cause of death.

5.3 Expert Evidence

5.3.1 Medical Evidence

5.3.2 Non-Medical Evidence

6. Role of Investigator including Death Investigator

6.1 Scene of Occurrence of Crime: Problems,

Evaluation, Modern aids, Scene management,

documentation.

6.2 Post-mortem examination (autopsy)

6.2.1 Possibilities, whether natural or unnatural

death - suicide, murder or accident

6.2.2 Identification and time of death and

identification of dead

6.2.3 Cause of death

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7. Experts

7.1 Who is an expert?

7.2 Kinds of Experts : Medical Expert, Chemical

Analyst, Public Analyst, Radiologist, Serologist,

Microscopist, Photography expert, Experts in

Mineralogy, Zoology, Botany, Handwriting expert,

Fingerprints expert, Ballistic Expert, Forensic

Expert, Dog tracking.

7.3 Evidentiary value and Admissibility of Expert

opinion

Reference Books - B.R. Sharma : Forensic Science in Criminal Investigations

and Trials (4th edn2005) Universal

- Firearms in Criminal Investigations & Trials (4th edn-2011)

Universal

- : Scientific Criminal Investigation (2010) Universal

- : Law relating to Handwriting Forensics (2012) Universal

- H.J. Walls : Forensic Science - An Introduction to Scientific

Crimes Investigation (2nd Indian Reprint-2008) Universal

- R. Ramachandran: Scientific Techniques of Criminal

Investigation (2011) Kamal.

- B.S. Nabar : Forensic Science in Crime Investigation

(Reprint-2005) Asia Law House

- Quzalbash Yawer : Law of Lie Defectors Narco-analysis,

Polygraphy, Brain mapping, Brain fingerprints (2011)

Universal

- Jurgen Thorwald : Crime and Science : The New Frontiers of

Criminology (1967) A Helen and Kurt Welff Book, New

York

- R. Deb: Principles of Criminology, Criminal Law and

Investigation (1991) S.C. Sarkar & Sons Pvt. Ltd. Calcutta.

- R.L. Gupta : The Medico-Legal Aspects of Sexual offences

(1979) Eastern

- R.L. Gupta : Law relating to Identification and Expert

Opinion (1990) Eastern

- H.R. Hardless: Venkaiah's Law of Prints and Impressions

(1979) Law Book Co.

- M.L. Chandak: V. Mitter's Law of Identification and

Discovery (1978) Law Book Co.

- S.P. Tragi: Ejaz Ahmed's Expert Evidence (2007) Vinod

Publication (P) Ltd.

- B.S. Bhuvan : Examination of Disputed Documents (2010)

Dwivedi

- Gaur’s: Firearms and Forensic Ballistics, Forensic Chemistry

and Criminal Jurisprudence (2006) Delhi Law House.

- K. Kumar : Russell A. Grgory's Identification of Disputed

Documents Fingerprints and Ballistics (1989) Eastern

- A.K. Singla : B.L. Saxena's Law and Technique relating to

Identification of Handwriting, Disputed Documents,

Fingerprints, Footprints and Detection of Forgeries (1990)

Central Law Agency - Abhijeet Sharma : DNA Tests in

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Paternity Determination and Criminal Investigation : A

Lawyer's Handbook (2007) Lexis Nexis - Jyotirmoy

Adhikary : DNA Technology in Administration of Justice

(2008) Lexis Nexis

- D.K. Ganguly : Medical Jurisprudence and Toxicology :

Principles, Practice and Procedure (2007) Dwivedi Law

Agency

- Debashish Moitra and Rakesh Kaushal : Medical

Jurisprudence and Toxicology (2007) Delight Law Publishers

- K. Mathiharan and Amrit K. Patnaik : Modi's Medical

Jurisprudence and Toxicology (23rd edn-2008) Lexis Nexis



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102050001: Cyber Laws and Cyber Crimes

Course Code: 1905090102050001

Course Title Cyber Laws and Cyber Crimes

Credit 4

Teaching per week 4



Purpose of the Paper This course will be interactive and going to benefit all in the

terms of professional growth. The course on cyber laws

gives students an introduction into the cyber world and laws

that governs it at National and International level. The

course is designed to expose the students to the existing

legislations, the comparative jurisprudence, the emerging

challenges and the balance of freedom of expression and

accountability. This course aims to lay a strong foundation

to understand and deal with the cyber operations in

professional as well as personal front.

Course Objective • The objective of the course is to introduce the cyber

world and cyber law in general

• To explain about the various facets of cybercrimes

• To enhance the understanding of problems arising out of

online transactions and provoke them to find solutions

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• To educate about the regulation of cyber space at

national and international level.

Course Outcome CO1: Make learner conversant with the social and

intellectual property issues emerging from ‘cyberspace.

CO2: Explore the legal and policy developments in various

countries to regulate cyberspace

CO3: Give learners in depth knowledge of information

technology act and legal frame work of right to privacy, data

security and data protection.

CO4: Make study on various case studies on real time

crimes


PSO’s


CO1

CO2

CO3

CO4

Course Content 1. Cyber Space and Cyber Law : Emerging

Jurisprudence

1.1 Understanding and defining Cyber Space

1.2 Regulation of Cyber Space

1.3 Legal Regulation of Cyber Space

1.4 Cyber Law & Regulation of Cyber Space

1.5 Scope of Cyber Laws : e-commerce, online

contracts; IPRs (copyright, patent, trademarks,

software patenting, e-taxation, e-governance and

cybercrimes)

1.6 Cyber Law in India with special reference to the

Information Technology Act, 2000

1.7 Related Foreign Legislations, e.g. UK, USA,

European Union, etc-comparative study

2. Information Technology and Its Influence.

2.1 What is Information Technology?

2.2 Information Technology: Different Facets and

Divergent Dimensions eg. Computers & Network

Systems, Internet, Internet services, Networking etc.

3. Regulatory Framework

3.1 International Legal Regime

3.1.1 International Legal Regime relating to cyber

crimes

3.1.2 European Convention on Cyber Crimes

3.1.3 Hague Convention on Jurisdiction and

Foreign Judgments

3.2 Domestic Legal Regime : Cyber Law in India

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3.2.1 Information Technology Act, 2000 with

Amendments

3.2.2 Rules & Regulations and Guidelines under

the Act.

3.2.3 State Rules

4. Cyber Crimes : Criminality & Technology

4.1 Criminality : Technological Influence

4.2 Current Forms of Criminality

4.2.1 Crimes affecting Individuals: Infringement

of privacy, identity thefts, cyber stalking, libel,

issues of censorship.

4.2.2 Crimes affecting Economy: hacking, virus,

sabotage, fraud, forgery, counterfeiting, piracy,

espionage, cybersquatting, spam, trespass,

mischief.

4.2.3 Crimes affecting National Security: cyber

terrorism, cyber warfare, sedition, subversion,

hate speech.

4.2.4 Contents based crimes : Racial and Hate

propaganda; child pornography

5. Computer Crimes and Cyber Crimes

5.1 Multiple Terms and definitions and attempts to

harmonize definitions by OECD (Origanisation for

Economic Co-Operation and Development), Council

of Europe, United Nations etc.

5.2 Criminological insight into Cyber Crimes

5.3 Typology of Cyber Crimes: Trends & Patterns

5.3.1 Typology based on Role of computer in

cybercrimes : computer as target tool of crime

5.3.2 Typology based on perpetrators based on

perpetrators of cybercrime. Insiders vs. Outsiders

5.3.3 Typology based on victims of cybercrimes,

crimes affecting individuals, economy and

national security

5.3.4 Typology based on contents

6. Issues Pertaining to Criminalization and criminal

liability

6.1 State's sovereign power

6.2 Indian Criminal Law : Actus Reus/Mens Rea

6.3 Rule of Law and Fair Procedure

7. Cyber Crimes : Country Specific Responses

7.1 Indian Legal Response in Context of Information

Technology Act, 2000.

7.2 Responses of Foreign countries namely UK, USA,

Australia, Germany etc.

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7.3 International Initiatives to combat cybercrimes :

OECD, G7 & G8 Groups, Council of Europe, UN

Conventions and of Council of Europe, WTO, WIPO,

INTERPOL, National Police Organizations etc.

8. Regulation of Cyber Crimes

8.1 Issues Relating to investigation. Provisions of the

Criminal Procedure Code, Pre-Trial Investigations

and challenges in context of cybercrimes.

8.2 Issues relating to jurisdiction

8.2.1 Concept of jurisdiction

8.2.2 Internet jurisdiction

8.2.3 Indian context of jurisdiction

8.2.4 International position of Internet

jurisdiction, case in cyber jurisdiction.

8.3 Issues relating to evidence; Evidence Law as

applicable to cybercrimes; principles of evidence;

typology of evidence; discovery of evidence;

evidence collection; search, seizure and information;

forensic examination of seized data; admissibility of

computer generated evidence and appreciation of

computer generated evidence by judiciary

9. Human Rights in Cyber Space: Concerns & Conflicts

9.1 Civil liberties and Cyber Regulation

9.2 Issues and Implications: Freedom of Expression,

Illegal contents, Privacy, Individual vs. Collective

Rights.

Reference Books - S.K. Verma and Raman Mittal (eds) : Legal Dimensions of

Cyber Space (2004) Indian Law Institute

- Yatindra Singh Justice : Cyber Laws (2005) Universal

- Ranbir Singh and Ghanshyam Singh: Cyber Space and the

Law (2004) NALSAR University.

- Richand Morgan and Kit Burden : Legal Protection of

Software

- A Handbook (Indian Reprint-2007) Universal.

- Rodney D. Ryder : Guide to Cyber Laws (2007) Wadhwa

- S.V. Joga Rao : Law of Cyber Crimes and Information

Technology Law (2004) Wadhwa

- Computer Contracts & Information Technology Law (2005)

Wadhwa (Chapters I to IV, X & XII)

- K. Mani’s: A Practical Approach to Cyber Laws (2008)

Kamal Publishers.

- Legal Framework on Cyber Crimes (2009) Kamal Publishers.

- Sarla Gupta and Beniprasad Agrawal : Cyber Laws (2008),

Premier

- Barkha & U. Rama Mohan: Cyber Law & Crimes, (2011)

Asia.

- Stewart Room : Butter Worths Data Security Law & Practice

(2009) Lexis Nexis

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- Nandan Kamath: Guide to Information Technology Act,

Rules & Regulations (2001) Universal.

- Law relating to Computers, Internet & E-Commerce (2007)

Universal.

- Vakul Sharma: Information Technology Law and Practice

(2004) Universal.

- Alex Samuel and A.K. Upadhyaya: Investigation of Cyber

Crimes (2011) Dwivedi & Company.

- Vimlendu Tayal : Cyber Law, Cyber Crime Internet and E-

Commerce (2011) Bharat Law Publications

- Talat Fatima : Cyber Crimes (2011) Eastern

- Apar Gupta : Commentary on Information Technology Act

(2007) Lexis Nexis

- Priti Suri & Associates : Open Space & Law (2006) Lexis

Nexis

- Yee Fen Lim : Cyberspace Law - Cases and Materials (2007)

Oxford

- Aparna Vishwanathan : Cyber Law (2012) Laxis Nexis,

Butterworths Wadhwa

- Editions of the Annual Survey of Indian Law and the Journal

of Indian Law Institute published by the Indian Law Institute,

New Delhi



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102060001: Drug Addiction, Human Rights and Criminal Justice System

Course Code: 1905090102060001

Course Title Drug Addiction, Human Rights and Criminal Justice System

Credit 4

Teaching per week 4



Purpose of the Paper To familiarize the students with the issue of interaction

between drug abuse and criminality.

Course Objective Almost all the major dilemmas of criminal policy surface

rather acutely in combating drug addiction and trafficking

through the legal order. The issue of interaction between

drug abuse and criminality is quite complex. At least three

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important questions have been recently identified as crucial

for comparative research. First, to what extent drug

dependence contributes to criminal behavior? Second, in

what ways do criminal behavior patterns determine drug

abuse? Third, are there any common factors which

contribute to the determination of both drug abuse and

criminal behavior? Apart from these causal issues, there is

the broad questions of the social costs-benefits of

criminalization of addictive behavior. Should drug-taking

remain in the category of "crime without victims?" Or

should it be viewed as posing an ever-growing threat to

human resource development and be subjected to state

control, over individual choices as to survival and life-

styles? The problems here are not merely ideological or

theoretical. User of drugs for personal, nontherapeutic

purposes may well be linked with international trafficking in

psychotropic substance. It has even been suggested that

encouragement of drug-dependency may have, in addition

to motivation of high profits, politically subversive aspects.

Assuming that both addiction and trafficking have to be

regulated, what penal polices should be appropriate? What

human rights costs in the administration of criminal justice

should be considered acceptable? The international response

to these questions is indicated by the Single Convention on

Narcotic Drugs, 1961, adopted in New York, 30 March 1961

and as amended by 1972 Protocol in Geneva, 25 March,

1972 and the Convention on Psychotropic substances,

adopted in Vienna, 21 February 1971. India has recently

adopted the basic principles of these conventions in the

Narcotic Drugs and Psychotropic Substances Act, 1986

Broadly, penal policy dilemmas here relate to: (a)

management of sanctions relating to production, distribution

and illicit commerce in Narcotic Substances and, (b) ways

of prevention of abuse of drugs, including speedy diagnosis,

treatment, correction, aftercare, rehabilitation, and

realization of persons affected. Important problems of

method in studying the impact of regulation need evaluated

at every stage. The following syllabus prepared with the

above perspective will be spread over a period of one

semester.

Course Outcome CO1: Examine the interaction between drug abuse and

criminality.

CO2: Evaluate the common factors which contribute to the

determination of both drug abuse and criminal behaviour.

CO3: Explore the relationship between drug dependence

and criminal behaviour.

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CO4: Examine the penal policies which are most

appropriate to prevent drug abuse and trafficking.

CO5: Analyze the international responses to prevent drug

abuse and trafficking.

CO6: Establish the need of vital role of community in

combating drug addiction.


PSO’s


CO1

CO2

CO3

CO4

CO5

CO6

Course Content 1. Introductory

1.1 Basic conceptions

1.1.1 "Drugs" "narcotics", "psychotropic

substances"

1.1.2 'Dependence', "addiction"

1.1.3 "Crimes without victims"

1.1.4 "Trafficking" in "drugs"

1.1.5 "Primary drug abuse"

2. How Does One Study the Incidence of Drug Addiction

and Abuse?

2.1 Self-reporting

2.2 Victim-studies

2.3 Problems of comparative studies

3. Anagraphic and Social Characteristics of Drug Users

3.1 Gender

3.2 Age

3.3 Religiousness

3.4 Single individuals/cohabitation

3.5 Socio-economic level of family

3.6 Residence patterns (urban/rural/urban)

3.7 Educational levels

3.8 Occupation

3.9 Age at first use

3.10 Type of drug use

3.11 Reasons given as cause of first use

3.12 Method of intake

3.13 Pattern of the Use

3.14 Average Quantity and Cost

3.15 Consequences on addict's health (physical/psychic)

4. The International Legal Regime

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4.1 Analysis of the background, text and operation of the

Single Convention on Narcotic Drugs, 1961 & 1972,

Geneva Protocol 1972

4.2 Analysis of the Convention on Psychotropic

Substances, 1972 4.3 International collaboration in

combating drug addiction

4.4 The SARC, and South-South Co-operation

4.5 Profile of international market for psychotropic

substances

5. The Indian Regulatory System

5.1 Approaches to narcotic trafficking during colonial

India

5.2 Nationalist thought towards regulation of drug

trafficking and usage

5.3 The penal provisions (under the IPC and the Customs

Act)

5.4 India's role in the evolution of the two international

conventions

5.5 Judicial approaches to sentencing in drug trafficking

and abuse

5.6 The Narcotic Drugs and Psychotropic Substances

Act, 1985, including Rules, Orders, State Legislations

and Prevention of Illicit Traffic in NDPS Act, 1988

5.7 Patterns of resource investment in India: policing

adjudication, treatment, aftercare and rehabilitation.

6. Human Rights Aspects

6.1 Deployment of marginalized people as carrier of

narcotics

6.2 The problem of juvenile drug use and legal

approaches

6.3 Possibilities of misuse and abuse of investigative

prosecutory powers

6.4 Bail

6.5 The Problem of differential application of Legal

Regimes, especially in relation to the resource less.

7. The Role of Community in Combating Drug Addiction

7.1 Profile of Community initiatives in inhibition of

dependence and addiction (e.g. de addiction and

aftercare)

7.2 The role or educational systems

7.3 The role of medical profession

7.4 The role of mass media

7.5 Initiatives for compliance with regulatory systems

7.6 Law reform initiatives

Reference Books - H.S. Becker : Outsiders : The Studies in Sociology of

Deviance (1966)

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- J.A. Incard, C.D. Chambers (eds) : Drugs and the Criminal

Justice System (1974)

- R. Cocken : Drug Abuse and personality in Young Offenders

(1971)

- G. Edwards Busch (ed). : Drug Problems in Britain : A

Review of Ten Years (1981)

- P. Kondanram and Murthy : "Drug Abuse and Crime : A

preliminary Study" 7 Indian Journal of Criminology, 65-68

(1979) - Mehraj Uddin : Drug Addiction : Socio-Legal

Dimension (1997) Book Media

- Khan M.Z. : Drug Abuse Amongst College Youth (1985)

Somaiyya Mumbai

- P.R. Rajgopal : Violence and Response : A Critque of the

Indian Criminal System (1988)

- United Nations : Economic and Social Reports of the

Commission on Narcotic Drugs, United Nations - Social

Defence, Research Institute (UNSDRI) Combating Drug

Abuse and Related Crimes (Rome, July 1984, Publication

No.21)

- Lok Sabha and Rajya Sabha Debates on 1986 Bill on

Psychotropic Substances. Useful Journals in this area are :

(i) The Law and Society Revies (USA)

(ii) Journal of Drug Issues (Tallahassee Florida)

(iii) International Journal of Addiction (New York)

(iv) British Journal of Criminology

(v) Journal of Criminal Law, Criminology and Police

Science (Baltimore, Md.)

(vi) Journal of Criminal Law and Criminology (Chicago, III)

(vii) International Journal of Offender Therapy and

Comparative Criminology (London)

(viii) Bulletin on Narcotics (United Nations)

(ix) Indian Journal of Criminology



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

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Semester 3


per week

Course

Credit University

Examination

Inter

nal

Mark

s

Tot

al

Ma

rks The

ory

Pra

ctic

al

Durati

on

Marks

1905090103010001

Law and

Social

Transformatio

n in India

4 0 4 3hrs 70 30 100

1905090103020001 Judicial

Process

4 0 4 3hrs 70 30 100

1905090103030001 Penology and

Victimology

4 0 4 3hrs 70 30 100

1905090103040001

Collective

Violence and

Criminal

Justice System

4 0 4 3hrs 70 30 100

1905090103050001

Privileged

Class

Deviance

4 0 4 3hrs 70 30 100

1905090103060001

Juvenile

Delinquency

and Juvenile

Justice

4 0 4 3hrs 70 30 100


Course Code: 1905090103010001


Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to make the students aware the

role that law has played and has to play in the contemporary

Indian society. Course Objective This course is designed to offer the teacher and the taught

with –(a) awareness of Indian approaches to social and

economic problems in the context of law as a means of social

control and charge; and (b) a spirit of inquiry to explore the

law and legal institutions as a means to achieve development

within the framework of law. Course Outcome CO1: Explain constitutional orientation and response to

social transformation

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CO2: Describe aspects of non-discrimination on the ground

of language

CO3: Identify affirmative actions necessary for social

transformation


CO5: Conceptualize modernization of law and social

institutions. Mapping between CO’s and

PSO’s


CO1

CO2

CO3

CO4

CO5




Criticism and evaluation in the light of colonization and

the introduction of common law system and institutions

in India and its impact of further development of law and

legal Institutions in India.





2.4 Freedom of religion and non- discrimination on the

basis of religion.



3.1 Language as a divisive factor: Formation of

linguistic states.


3.3 Language policy and the constitution: Official

Language: multi-language system.





4.3 Acceptance of caste as a factor to undo past

injustices.

4.4 Protective-discrimination: Scheduled castes, tribes

backward classes.

4.5 Reservation; Statutory Commissions, Statutory

provisions.

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5.3 Right of movement, residence and business;

impermissibility of state of region berries

5.4 Equality and in matters of employment: the slogan

“Sons of the Soil” and its practice.

5.5 Admission to education institutions: preference to

residents of state.





6.4 Empowerment of women: Constitutional and other

legal provisions.


7.1 Child labour.





8.1 Modernisation as a value: Constitutional

Perspectives reflected in the fundamental duties.



8.2.2 Agrarian reform – Industrialisation of

agriculture.




8.4.1 Criminal law: plea bargaining;

compounding and payment compensation to

victims.

8.4.2 Civil law: (ADR) Confrontation v.

Confrontation v. consensus; Mediation and

conciliation; Lok adalats.


8.5 Democratic decentralization and local self-

governments.


9.1 The jurisprudence of Sarvodaya- Gandhiji, vinoba

bhave; Jayaprakash Narayan; Surrender of decoits;

consept of grama nyanalayas.

9.2 Socialist thought on law and justice; an enquiry

through constitutional debate on the right to

property.

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9.4 Naxalite movements: causes and cure. Reference Books − Marc Galanter (ed.):Law and Society in Modern India

(1997) Oxford.

− Robert Lingat : The Classical Law of India (1998), Oxford.

− U. Baxi:The Crisis of the Indian Legal System (1992),

Vikas, New Delhi.

− U. Baxi (ed.):Law and Poverty Critical Essays (1988),

Tripathi, Bombay.

: Towards Sociology of Law, 1986,

Satvahan

: Human Rights in Post Human World

2007, Oxford

− Manushi: A Journal about Human and Society.

− Duncan Derret: The State, Religion and Law of India

(1999), Oxford University Press, New Delhi.

− H.M. seevai: Constitutional Law of India (1996), Tripathi.

− D.D. Basu: Shorter Constitution of India (1996) Prentice-

Hall of India (P) Ltd. New Delhi.

− Sunil Deshta and kiran Deshta : Law and Menace of Child

Labour (2000) Anmol Publication, Delhi.

− Savitri Goonasekhare:Children, Law and Justice (1997)

Sage.

− Indian Law Institute:Law and Social Change: Indo-

American Reflections, Tripathi(1998).

− J.B. Kripalani : Gandhi: His Life and Though (1970)

Ministry of Information and Broadcasting Government of

India,

− Agnes, Flavia:Law and Gender inequality: The Politics of

Women’s Rights in India (1999) Oxford.

− P Ishwara Bhat : Law And Social Transformation, Eastern

− Amarya Sen : Identity and Violence : The Illusion of Destiny

(2005)

: Development as Freedom (2000)

Oxford

− Andre Batille : Antomies of Society, Oxford

− A.R. Desai : Rural Sociology in India, Popular

: Social Background of Indian

Nationalism, Popular

− B.A. Masodkar : Society, State and The Law, N.M. Tripathi

− Bhikhu Parekh : Rethinking Multiculturalism, Palgrave

M’ç Millan

: Colonialism, Tradition and Reform:

An Analysis of Gandhi’s Political Discourse, Sage

− Biplab Das Gupta : The Naxalite Movement, Allied

Publishers

− B.K. Sinha and Pushpendra (Eds.):Land Reforms in India:

An Unfinished Agenda Sage.

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− B.R. Ambedkar:Need for Checks and Balances: Articles on



− Catherine Mackinnon:Feminism Unmodified:Discourses on

Life and Law, 1987, Harvard.

: Towards Feminist Theory of

State 1989, Harvard

− W. Friedman : Law in a changing Society 1996, University

Book House

− Veena Das (ed.) : Sociology and Social Anthropology, 2003,

Oxford

− V.D. Maharajan : Ancient India 1970, Chand

− V.R. Verma : The Political Philosophy of Mahatma

Gandhi and Sarvodaya

− V.R. Krishna Iyer:Law and Life, 1979, Vikas.

− Girish Agarwal and Colin Gonsalves: Dalits and the Law,

2005, Human Rights Law Network, New Delhi.


Study and Assignment Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100


Course Code: 1905090103020001


Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to conduct a systematic study of

the concept of justice and its various theoretical foundations.

This paper, therefore, intends to familiarize the students

which various theories, different aspects and alternative

ways, of attaining justice.

Course Objective This paper, therefore, intends to familiarize the students



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Course Outcome CO1: To understand the hierarchy of judiciary under the

Indian Constitution

CO2: To know about the nature of judicial process and learn

about the principles of statutory interpretation.

CO3: To understand the role of judges and judiciary in

pursuit of judicial process in India

CO4: To learn about the concept of Justice and its

interrelationship with Law.


PSO’s


CO1

CO2

CO3

CO4


1.1 Supreme Court – Establishment and

constitution – Appointment and Removal of

Judge – Court of Record – Jurisdiction –

Original, Exclusive, Appellate – Special

Leave – Advisory Jurisdiction –

Interpretation of the Constitution. Supreme

Court as a political institution. The Supreme

Court’s approach to the question of

determination of its own jurisdiction Article-

32, Article-136

1.2 High Courts – Courts of Record –

Constitution of high courts – Appointment,

Transfer and Removal – Jurisdiction – power

to issue writs and other powers

1.3 Subordinate judiciary – Appointment of

district judges – control over subordinate

courts – other courts

1.4 Court system in India: backlogs, arrears,

alternatives Lok Adalats, Public Interest

Litigations.

1.5 Stare decisis – the Doctrine, techniques –

Supreme Court’s authority to over – rule its

own decision – Advisory Jurisdiction and its

Import on Precedent; Prospective Over –

ruling in India;


2.1 Judicial process as an instrument of social

ordering

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2.2 Judicial process and creativity in law-

common law model-Legal Reasoning and

Growth of law-change and stability.

2.3 The tools and Techniques of judicial

creativity and precedent.

2.4 Legal development and creativity through

legal reasoning under statutory and codified

systems.

2.5 Statutory interpretation as aspects of judicial

process – rules of statutory interpretation;

Legalism and Rule of literal interpretation;

Creativity: Mischief and Golden Rule; Self

Discipline and Rules of Construction in fiscal

and Criminal Statutes; Technically: Rules as

to necessary and implied repeal; Rules for

interpretation of codifying, consolidating and

amending statutes; Values and Interpretation.

3. Special Dimensions of Judicial Process in

Constitutional Adjudications.

3.1 Notions of and nature and objection to

judicial review – Articles-32, 222, 227 –

Constitutional basis for judicial review

3.2 Constitutional interpretation – ways in which

it differs from statutory interpretation –

Literal Construction, Harmonious

Construction, Reference to Constituent

Assembly Debates; Doctrine of Pith and

Substance; Occupied Field; Residuary

Power; Approaches to interpretation of

repugnancy; Approaches to Interpretation of

Amending Power; Directive Principles as

canons of constitutional interpretation.

3.3 ‘Role’ in constitutional adjudication-various

theories of judicial role.

3.4 Tools and techniques in policy-making and

creativity in constitutional adjudication.

3.5 varieties of judicial and juristic activism,

judicial and juristic restraint

3.6 Problems of accountability and judicial law-

making.


4.1 Indian debate on the role of judges and on the

notion of judicial review.

4.2 The ‘Independence’ of judiciary and the

‘political’ nature of judicial process.

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4.3 Judicial activism and creativity of the

Supreme Court-the tools and techniques of

creativity.

4.4 Judicial process in pursuit of constitutional

goals and values – new dimensions of

judicial activismand structural challenges.

4.5 Institutional liability of courts and judicial

activism-scope and limits.


5.1 The concept of justice or Dharma in Indian

thought

5.2 Dharma as the foundation of legal ordering

in Indian thought.

5.3 The Concept and various theories of justice

in the western thought.

5.4 Various theoretical bases of justice: the

liberal contractual tradition, the liberal

utilitarian tradition and the liberal moral

tradition.


6.1 equivalence Theories – Justice as nothing

more than the positive law of the stronger

class

6.2 Dependency theories – For its realization

justice depends on law, but justice is not the

same as law.

6.3 The Independence of justice theories – means

to end-relationship of law and justice – The

relationship in the context of the Indian

constitutional ordering.

6.4 Analysis of selected cases of the Supreme

Court where the judicial process can be seen

as influenced by theories of justice.

Reference Books − Julius Stone : The Province and Function of Law, Part II,

Chs. 1.8-16(2000), Universal, New Delhi

− : Social Dimension of Law and Justice,

Universal.

− Cardozo : The nature of Judicial Process (1995) Universal,

New Delhi

− : The Growth of Law, Universal

− Henry J. Abraham: The Judicial Process (1996), Oxford.

− J.Stone : Precedent and the Law: Dynamics of Common

Law Growth (1985) Butterworths.

− W. Friedmann : Legal Theory (1960), Stevens, London.

− Bodenheimer : Jurisprudence – the Philosophy and

Method of the Law (1997), Universal, Delhi.

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− J.Stone : Legal Systems and Lawyers’ Reasoning (1999),

Universal, Delhi

− Rajeev Dhavan : The Supreme Court of India – A Socio-

legal Critique of the Juristic Techniques (1977), Tripathi,

Bombay.

− John Rawl : A Theory of Justice (2000), Universal, Delhi.

− Edward H. Levi : An Introduction to Legal Reasoning

(1970), University of Chicago.

− G.P. Singh : Select Judgments (2012) Lexis Nexis,

Butterworths Wadhwa

− S.K. Verma and Kusum : Fifth Years of The Supreme

Court of India – Its Grasp and Reach (2009) Oxford.

− Rajeev Bhargava, Michael Dusehe and Helmut Reifeld :

Justice, Political, Social, Juridical 2008, Sage.

− S.P. Sathe : Judicial Activism in India, Oxford

− : Constitutional Amendments 1950-1988

Law and Politics, Tripathi

− S.P. Sathe and Sathya Narayan : Liberty, Equality and

Justice; Struggles for New Social order, 2003.

− U. Baxi : ‘Introduction to Justice’ in K.K. Mathew’s ;

Democracy Equality and Freedom (1978)

− : The Indian Supreme Court and Politics

(1980)

− : Courage, Craft and Contension : The Indian

Supreme Court in the mid-eighties (1985)



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103030001: Penology and Victimology

Course Code: 1905090103030001

Course Title Penology and Victimology

Credit 4

Teaching per week 4



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Purpose of the Paper This course will introduce the students to the concepts of

Penology and Victimology and will acquaint them with the

study of law from this perspective. This course will provide

the students an understanding of the various theories of

punishment, penal reforms, prison reforms, etc. the students

will also learn about the various impacts of victimization,

restorative justice and compensatory schemes for benefit of

victims.

Course Objective This course offers a specialist understanding of criminal

policies including theories of punishment, their supposed

philosophical and sociological justifications and the

problematic of discretion in the sentencing experience of the

'developing' societies, a focus, normally absent in law

curricula so far. The expert work of the U.N. Committee on

Crime Prevention and Treatment of Offenders will be

availed of in this course. Especially, at each stage, the three

'D's will be explored as offering a range of alternatives:

decriminalization, dependization, deinstitutionalization,

Broadly, the course will concern itself with:

(a) Theories of Punishment

(b) Approaches to Sentencing

(c) Alternatives of Imprisonment

(d) The State of Institutional Incarceration in India: Jails and

other custodial Institutions.

(e) The problematic of Capital Punishment

(f) Penology in relation to privileged class deviance

(g) Penology in relation to marginalized deviance of

criminality

(h) The distinctive Indian (historical and contemporary)

approaches to penology

(i) Victims of crime – approaches, problematic, emerging

trends, policies

Course Outcome CO1: Identify and use various schools of criminology to

advance arguments

CO2: Differentiate between different theories of causation

CO3: Categorize the punishments and their effects and

relevance

CO4: Apply the techniques of restorative justice


PSO’s


CO1

CO2

CO3

CO4

CO5

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Course Content Introductory

1.1 Definition of Penology

2. Theories of Punishment

2.1 Retribution

2.2 Utilitarian prevention: Deterrence

2.3 Utilitarian : Intimidation

2.4 Behavioural prevention : Incapacitation

2.5 Behavioural prevention : Rehabilitation –

Expiation

2.6 Classical Hindu and Islamic approaches to

punishment

3. The Problematic of Capital Punishment

3.1 Constitutionality of Capital Punishment

3.2 Judicial Attitudes Towards Capital Punishment

in India - An inquiry through the statute law case

law.

3.3 Law Reform Proposals

4. Approaches to Sentencing

4.1 Alternatives of Imprisonment

4.1.1 Probation

4.1.2 Corrective labour

4.1.3 Fines

4.1.4 Collective fines

4.1.5 Reparation by the offender/by the

court

5. Sentencing

5.1 Principal types of sentences in the Penal Code

and special laws

5.2 Sentencing in white collar crime

5.3 Pre-sentence hearing

5.4 Sentencing for habitual offender

5.5 Summary punishment

5.6 Plea-bargaining

6. Imprisonment

6.1 The state of India's jails today

6.2 The disciplinary regime of Indian prisons

6.3 Classification of prisoners

6.4 Rights of prisoner and duties of custodial staff

6.5 Open prisons

6.6 Judicial surveillance - basis - development

reforms

7. Victim of Crime

7.1 Nature and Development

7.2 Role and Typology of Victims

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7.3 Victim and Criminal Justice

7.4 Victim Characteristics : Police and Judicial

Attitudes

7.5 Legal Responses

7.6 Emerging Trends and Policies

7.7 State Compensation Programmes

7.8 Sentencing alternatives – Compensation Orders

7.9 The Indian Position

Reference Books - S.Chhabbra: The Quantum of Punishment in Criminal

law (1970). H.L.A. Hart : Punishment and

Responsibility (1968 –Herbert L. Packer : The Limits of

Criminal Section (1968)

- Alf Ross : On Guilt : Responsibility and Punishment

(1975)

- A.Siddique: Criminology (1984) Eastern, Lucknow.

- K.S.Shukla : "Sociology of Deviant Behaviour" in 3

ICSSR Survey of Sociology and Social Anthropology

1969-179 (1986)

- Tapas Kumar Benerjee: Background to Indian Criminal

Law (1990), R. Campary & Co., Calcutta.

- K.I. Vibhute : Criminal Justice, 2004 Eastern

- Law Commission of India Reports – Forty Second

Report, Thirty-Fifth Report

- Oppenheimer : The Rational of Punishment

- All India Jail Reforms Committee (1980-83) : National

Policy of Jail Reforms Draft : Report of the All India Jail

Reforms Committee (1980-83)

- Central Bureau of Correctional Services : Probation and

Prisons : A Statistical Analysis (1964-68) -

- Social Defense in India (1970) - Indian Jails Committee

: Report of the Indian Jails Committee of 1919, 1836 and

1864

- Jones and Cormes : Open Prisons 1977

- Menon N.R.M : Criminal Justice India Series (2002)

- Report of the Fifth United Nations Congress on the

Prevention of Crime and The Treatment of Offenders,

Geneva, 1975.

- National Expert Committee on Women Prisoners:

Report of the National Expert Committee on Women

Prisoners, 1980-83.

- Reports of the National Human Rights Commission

1997-98, 1998-2000.

- B.K. Bhattacharya : Violence, Delinquency and

Rehabilitation, 1977

of 68

- Ministry of Home Affairs, Government of India : Crime

in India, 1983 - Hans Van Hentig : The Criminal and His

Victim, 1948

- Henry Maine : Ancient Law 1901

- William McDonald : Criminal Justice and the Victim,

1976

- V.M. Rajan : Victimology in India

- Schneidar, Burcart and Wilson : The Role of Attitudes,

1974

- Vidya Bhushan : Prison Administration in India

- Watter C. Reckless : The Crime Problem Indian Reprint,

1971

- Vasu Nair Rajan : Victimology in India : Perspectives

Beyond Frontiers (1995) APH

- G.S. Bajpai: Victim in the Criminal Justice Process:

Perspectives on Police and Judiciary (1997) Uppal.

- Natti Ronel, K. Jaishankar and Mosha Bensimon (eds.) :

Trends and Issues in Victimology (2008) Cambridge

- Chockalingam (ed): Readings in Victimology (1985),

Ravi Raj Publications, Madras.

- Johnson Elmer Hubert: Crime Correction and Society

(1978) Homeword Dorsay Press.

- James Howard : Crime and Penal System, University

Tutorial Press, London

- Larry Alexander : Kimberly Kessler Ferzan and Stephen

Morse : Crime and Culpability : A Theory of Criminal

Law, Cambridge



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103040001: Collective Violence and Criminal Justice System

Course Code: 1905090103040001

Course Title Collective Violence and Criminal Justice System

Credit 4

Teaching per week 4


of 68


Purpose of the Paper To familiarize the students with the different types of

violence and Criminal justice system. The emphasis of the

course will be on fashioning overall democratic

understanding and responses to meet the problem.

Course Objective This is a crucial area of Indian development with which

traditional, western, criminology is not overly preoccupied.

Collective political violence (CPV) is the order of the day,

whether it is agrarian (feudal) violence, or it is atrocities

against untouchables, communal riots, electoral violence,

police violence (encounters), political violence by militant

and extremist groups, gender-based violence or violence

involved in mercenary terrorism and its containment. It is

not very helpful in such contexts, to mouth the generalities

such as "criminalization" or "lumpenization" of Indian

politics. Closer scientific investigation of these phenomena

is crucial, which should help us understand both the

aetiology and the prognosis of CPV. Instead of political

analysis the course should focus on a broader social under-

standing of the political economy of law in India. Each

specific form of violence will be examined with a view to

identifying the course of its evolution, the state-law response

policies of management of sanctions, compensation and

rehabilitation of victims of violence, social and political

costs. The growth of police and paramilitary forces will also,

in this context, be an object of study. Primary materials here

will be governmental and citizen investigative reports. The

emphasis of the course will be on fashioning overall

democratic understanding and responses to meet this

problem. The following syllabus prepared with this

perspective will be spread over a period of one semester.

Course Outcome CO1: Understanding the concept of Collective Violence and

its various forms

CO2: Discerning violence and non-violence in the Indian

scenario and the perception of monopoly in use of violence

during the colonial period.

CO3: Analysing the various incidents of agrarian violence,

caste-based violence and repressive methods employed by

the State to suppress the violence.

CO4: Understanding the etiology and prognosis of

communal violence and the role of the para-military forces

in containing such violence.

CO5: Examining the role of Criminal Justice System vis-a-

vis communal violence and suggesting measures to bridge

the gap between law and its implementation.

of 68


PSO’s


CO1

CO2

CO3

CO4

CO5

Course Content 1. Introductory

1.1. Notions of "force", "coercion", "violence"

1.2. Distinctions: "symbolic" violence,

"institutionalised' violence, "structural violence"

1.3. Legal order as a coercive normative order

1.4. Force-monopoly of modem law

1.5. "Constitutional" and "criminal" speech: Speech

as incitement to violence

1.6. "Collective political violence" and legal order

1.7. Notion of legal and extra-legal "repression"

2. Approaches to Violence in India

2.1. Religiously sanctioned structural violence:

Caste and gender based

2.2. Ahimsa in Hindu, Jain, Buddhist, Christian, and

Islamic traditions in India

2.3. Gandhiji's approach to non-violence

2.4. Discourse on political violence and terrorism

during colonial struggle

2.5. Attitudes towards legal order as possessed of

legitimate monopoly over violence during the

colonial period

3. Agrarian Violence and Repression

3.1. The nature and scope of agrarian violence in the

18-19 centuries India

3.2. Colonial legal order as a causative factor of

collective political (agrarian) violence

3.3. The Telangana struggle and the legal order

3.4. The Report of the Indian Human Rights

Commission on Arwal Massacre

4. Violence against the Scheduled Castes

4.1. Notion of Atrocities

4.2. Incidence of Atrocities

4.3. Uses of Criminal Law to combat Atrocities or

contain aftermath of Atrocities

4.4. Violence Against Women

5. Communal Violence

5.1. Incidence and courses of "communal" violence

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5.2. Findings of various commissions of enquiry

5.3. The role of police and para-military systems in

dealing with communal violence

5.4. Operation of criminal justice system tiring, and

in relation to, communal violence

Reference Books - U. Baxi, "Dissent, Development and Violence" in R.

Meagher (ed.) Law and Social Change: Indo American

Reflections 92 (1988)

- U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)

- A.R. Desal, (ed.) Peasant Struggles in India, (1979) A.R.

Desai, Agrarian Struggles in India: After Independence

(1986)

- A.R. Desai, Violation of democratic Rights in India

(1986)

- D.A. Dhangare, Peasant Movement in India: 1920-1950

(1983) Ranjit Guha, Element any Aspects of Peasant

Insurgency in Colonial India (1983)

- Ranjit Guba, (ed, ) Subaltern Studies Vol. 1-6 (1983-

1988)

- T. Honderich, Violence for Equality (1980) Mark

Juergensmeyer, "The Logic of Religious Violence: The

Case of Punjab" 22 Contributions to Indian Sociology 65

(1988)

- Rajni Kothari, State Against Democracy (1987)

- G. Shah, Ethnic Minorities and Nation Building: Indian

Experience (1984)

- K.S. Shukla, "Sociology of Deviant Behaviour," in 3

ICSSR Survey of Sociology and Social Anthropology

1969-1979 (1986)



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103050001: Privileged Class Deviance

Course Code: 1905090103050001

Course Title Privileged Class Deviance

Credit 4

of 68

Teaching per week 4



Purpose of the Paper This course focuses on the "Criminality of the "Privileged

classes".

Course Objective The definition of "privileged classes" in a society like India

should not pose major problem at all; the expression nearly

includes weilders of all forms of state and social (including

religious) power. Accordingly, the course focusses on the

relation between privilege power and deviant behaviour.

The traditional approaches which highlight "white-collar

offences", "socio-economic offences" or "crimes of the

powerful" deal mainly with the deviance of the

economically resourceful. The dimension of deviance

associated with bureaucracy, the new rich (nouveau riche),

religious leaders and organizations, professional classes and

the higher bourgeoisie are not fully captured here. In

designing teaching materials for this course, current

developments in deviance, as reflected in

newspapers/journals, law reports, and legislative

proceedings should be highlighted.

It should be stressed that the objectives of the course

include:

a) Dispelling of the commonly held belief that deviance

crime is usually associated with the impoverished or

improvident;

b) Construction of model so understanding the reality of

middle and upper; middle class deviance criminality in

India;

c) Critical analyses of legal system responses and

d) Issues and dilemmas in penal and sentencing policies.

The following syllabus prepared with the above objectives

will be spread over a period of one semester.

Course Outcome CO1: This course focuses on the "Criminality of the

"Privileged classes". The definition of "privileged classes"

in a society like India should not pose major problem at all;

the expression nearly includes weilders of all forms of state

and social (including religious) power.

CO2: Accordingly, the course focuses on the relation

between privilege power and deviant behaviour.

CO3: The traditional approaches which highlight "white-

collar offences", "socio-economic offences" or "crimes of

the powerful" deal mainly with the deviance of the

economically resourceful.

CO4: The dimension of deviance associated with

bureaucracy, the new rich (nouveau riche), religious leaders

of 68

and organizations, professional classes and the higher

bourgeoisie are not fully captured here.


PSO’s


CO1

CO2

CO3

CO4


- Conceptions of white collar crimes Indian approaches

to socio-economic offences Notions of privileged

class deviance as providing a wider categorization of

understanding Indian development Typical forms of

such deviance

- Official deviance (deviance by legislation, judges,

bureaucrats) Professional deviance: journalists,

teaches, doctors, lawyers, engineers, architects and

publishers

- Trade union deviance (including teachers,

lawyers/urban property owners)

- Landlord deviance (class/caste based deviance)

- Police deviance

- Deviance of electoral process (rigging, booth

capturing, impersonation, corrupt practices)

- Gender-based aggression by socially, economically

and politically powerful.

2. Official Deviance

- Conception of official deviance - Permissible limit of

discretionary powers.

- The Chambal valley dacoit Vinoba Mission and Jai

Prakash Narain Mission - in 1959 and 1971.

- The Chagla Commission Report on LIC-Mundhra

Affair

- The Das Commission Report on Pratap Singh Kairon

- The Grover Commission Report on Dev Raj Urs

- The Maruti Commission Report

- The lbakkar-Natarajan Commission Report on

Fairfax.

3. Police deviance

- Structures of legal restrain on police powers in India.

Unconstitutionality of "third-degree" methods and use

of fatal force by police

- "Encounter" killings

- Police atrocities

of 68

- The plea of superior orders Rape and related forms of

gender-based aggression by police and para-military

forces. Reform suggestions especially by the National

Police Commissions.

4. Professional Deviance

- Unethical practices at the Indian bar

- The Lentin Commission Report

- The Press Council on unprofessional and unethical

journalism Medical malpractice

5. Response of Indian Legal Order to the Deviance of

Privileged Classes

- Vigilance Commission

- Public Accounts Committee

- Ombudsman – Lokpal/Lokayukta

- Commissions of Enquiry

- Prevention of Corruption Act, 1947

- The Antulay Case

Reference Books - Upendra Baxi: The Crisis of the Indian Legal System

(1982) Vikas Publishing House, New Delhi.

- Upendra Baxi (ed.) : Law and Poverty : Essays (1988)

- Upendra Baxi: Liberty and Corruption: The Antualay

Cases Beyond (1989)

- Surendranath Dwevedi and G.S. Bbargava : Political

Corruption in India (1967)

- A.R. Desai (ed.): Violation of Democratic Rights in

India (1986) - A. G. Noorani : Minister's Misconduct

(1974)

- B.B. Pande: The Nature and Dimensions of Privileged

Class Deviance" in The Other Side of Development 136

(1987; K.S. Shukla ed.)

- Indira Rotherm and "Patterns of Trade Union Leadership

in Dhanbad Coal fields" 23 J.I.L.I.523 (1981)



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

of 68

Course: 1905090103060001: Juvenile Delinquency and Juvenile Justice

Course Code: 1905090103060001

Course Title Juvenile Delinquency and Juvenile Justice

Credit 4

Teaching per week 4

Minimum Weeks per

Semester

15


Purpose of the Paper A study of deviant behavior by legal minors in contemporary

society; factors and conditions contributing to delinquency;

control and treatment of offenders and programs for

prevention.

Course Objective Juvenile delinquency is considered and important branch of

criminology. The impact of juvenile delinquency upon the

formation of Indian criminology traditions does not seem to

be noticeable. No understanding of crimes and treatment of

offenders can be complete without a sure grasp of causes,

carrots, and cures of juvenile delinquency. Increasingly, it is

being also realized that young offenders require a wholly

different centre of criminal justice system and should not be

treated in the same way as the adult offenders. Juvenile

Justice System, although a part of the criminal justice system

has now its own autonomous characteristics. In addition, the

state and the law lave to deal with juvenile in certain

situations, as parens partiae. The Category of 'neglected

children' defines the burdens of care which state and society

have to assume for neglected children. Most categories of

neglected children are also themselves the victims of crime.

The institutional care of children poses its own distinctive

dilemmas. These, too, should be discussed, especially, at the

level of resource investment compared with the extent of

need.

Course Outcome CO1: This is a crucial area of Indian development with

which traditional, western, criminology is not overly

preoccupied.

CO2: Collective political violence (CPV) is the order of the

day, whether it is agrarian (feudal) violence, or it is atrocities

against untouchables, communal riots, electoral violence,

police violence (encounters), political violence by militant

and extremist groups, gender-based violence or violence

involved in mercenary terrorism and its containment.

CO3: The emphasis of the course will be on fashioning

overall democratic understanding and responses to meet this

problem.

of 68


PSO’s


CO1

CO2

CO3

Course Content 1. The Basic Concepts

1.1 The conception of 'child' in Indian Constitution and

Penal Code.

1.2 Delinquent juvenile

1.3 "Neglected" juvenile

1.4 The overall situation of children/young persons in

India, also with reference to crime statistics (of crimes by

and against children)

2. Determining Factors of Juvenile Delinquency

2.1 Differential association

2.2 Anomie

2.3 Economic pressure

2.4 Peer group influence

2.5 Gang sub-culture

2.6 Class differentials

3. Legislative Approaches

3.1 Legislative approaches during the late colonial era.

3.2 Children's Act

3.3 Legislative position in various State

3.4 The Juvenile Justice Act.

3.4.1 Constitutional aspects.

3.4.2 Distinction between "Neglected" and

"delinquent" juveniles.

3.4.3 Competent authorities

3.4.4 Processual safeguards for juveniles

3.4.5 Powers given to government

3.4.6 Community participation as envisaged

under the Act.

4.Indian Context of Juvenile Delinquency

4.1 The child population percentage, to total sex-ratio,

urban/rural/rural-urban.

4.2 Neglected-below poverty line, physically and

mentally disabled, orphans, destitute, vagrants.

4.3 Labourers

4.3.1 In unorganized sector like zari, carpet, bidi,

glass

4.3.2 In unorganized sector like domestic servant,

shops and establishments, rag-pickers family

trade.

4.4 Delinquent-number, sex-ratio, ratio to adult crime,

types of offences committed, recidivism, rate of increase

background

4.5 Drug addicts

of 68

4.6 Victims

4.6.1 Of violence - sexual abuse, battered, killed

by parents

4.6.2 Of criminal activities like bootlegging, drug

pollution as response of protective approach.

5. Judicial Contribution

5.1 Social action litigation concerning juvenile justice

5.2 Salient judicial decisions

5.3 Role of legal profession in juvenile justice system

6. Implementation

6.1 Institutions, bodies, personnel

6.2 Recruiting and funding agencies

6.3 Recruitment qualifications and salaries or fund

6.4 Other responsibilities of each agency/person

6.5 Coordination among related agencies

6.6 Accountability-annual reports and accessibility of

public to juvenile justice institution.

7. Preventive Strategies

7.1 State Welfare programmes health, nutrition, ICWS,

grants-in-aid.

7.2 Compulsory education

7.3 Role of community, family, voluntary, bodies,

individuals.

Reference Books - National institute of Social Defence : Model Rules under the

Juvenile Justice Act, 1986 (1986)

- K.S. Shukla : Adolescent Offender (1985)

- United Nations : Beijing Rules on Treatment of Young

Offenders (1985)

- Myron Weiner : The Child and State in India (1990)

- The United Nations Declaration on the Rights of Children

- UNICEF periodic materials.

- Ved Kumari : The Juvenile Justice System in India : From

Welfare to Rights (2004) OUP

- (Select Bibliography in above book pp.324-346)

- Asha Bajpai : Child Rights in India (2003) Oxford

- John Muncie: Youth Crime, 3rd edn. (2009), Sage.

- Paul W. Tappan : Juvenile Delinquency

- Bhattacharya B. K. : Violence, Delinquency and

Rehabilitation, 1977

- Sol Rubin : Crime and Juvenile Delinquency, 1988

- Wheeler and Cottrell : Juvenile Delinquency, Its Prevention

and Control



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

of 68

Internal Exam 15

External Exam 70

Total 100

Semester 4


per week

Cours

e

Credit

University

Examination

Inte

rnal

Mar

ks

Tota

l

Mar

ks The

ory

Pra

ctic

al

Durati

on

Marks


t Work

16 - - - 100

2005090104020001

Dissertation

and Submission

of Thesis

8 - - - 200


Course Code: 2005090104010001


Credit 16

Teaching per week



Purpose of the Paper The purpose of this paper is to get practical knowledge of

field as well as learn the various aspects of research and

research methodology through practical application.

Course Objective To get practical knowledge of field as well as learn the

various aspects of research and research methodology

through practical application.

Course Outcome CO1: Critically read, understand and evaluate current

literature in the discipline


CO3: Demonstrate comprehensive knowledge of the

literature in the field







PSO’s


CO1

CO2

of 68

CO3

CO4

CO5

CO6

Course Content -

Reference Books -


Evaluation Method

Component Marks




teaching)

100

Total 100


Course Code: 2005090104020001


Credit 8

Teaching per week -




















PSO’s


CO1

of 68

CO2

CO3

CO4

CO5

CO6

Course Content -

Reference Books -



Evaluation Method

Component Marks

Thesis 140

Viva 60

Total 200

of 71

LL.M. (HUMAN RIGHTS GROUP)

Name of Program Masters in Law (HUMAN RIGHTS GROUP)

Duration 2 years

Total Semesters: 4

Eligibility Criteria Bachelors in Law (LL.B.)

Objective of program The main objective of the program is to glean advanced

knowledge in this discipline thereby generating employment

in the field of academics as well as career advancement in

corporate sector along with nurturing research skills in the

student.

Program Outcome PO1: In-depth Learning: To develop conceptual and

procedural in-depth knowledge of Law.

PO2: Specialized Knowledge: To explore and apply the

legal knowledge of Human Rights Laws

PO3: Research Aptitude: To inculcate research aptitude

providing theoretical knowledge of legal research

methodology and practical exposure by dissertation.

PO4: Legal Education: To provide platform to become

academicians in the field of Law and Human Rights

Program Specific outcome PSO1: Enabling the students to explore and learn the laws

in detailed with special focus on analytical and comparative

aspects.

PSO2: Enabling the students to do in-depth study of Human

Rights Laws in various socio-economic and political

context.

PSO3: Learn the art of doing doctrinal and empirical

research that covers knowledge and implementation of

various tools and techniques of research.

PSO4: Students are equipped with knowledge of teaching

methods enabling them to enter in teaching profession.

Mapping between PO’s and

PSO’s

PSO1 PSO2 PSO3 PSO4

PO1

PO2

PO3

PO4

PO5


of 71

Semester 1


per week

Course

Credit

University

Examination

Inte

rnal

Mar

ks

Tota

l

Mar

ks The

ory

Prac

tical

Durati

on

Marks


Law - I 4 0 4 3hrs 70 30 100

180590101020001 The Concept of

Law 4 0 4 3hrs 70 30 100

180590101030003

Concept and

Development of

Human Rights 4 0 4 3hrs 70 30 100

180590101040003

Human Rights and

International

Order 4 0 4 3hrs 70 30 100

180509010150003

Protection and

Enforcement of

Human Rights in

India

4 0 4 3hrs 70 30 100

180509010160003

Women and

Human Rights and

Duties 4 0 4 3hrs 70 30 100

Course: 180590101010001: Constitutional Law – I

Course Code: 180590101010001

Course Title Constitutional Law – I

Credit 4

Teaching per week 4



Purpose of the Paper To familiarize students with the framing of the Constitution,

working and functioning of drafting committee

Course Objective To understand the core principles embodied in the



constitution


and judiciary

CO3 To understand the philosophy of fundamental rights

and duties

CO4 Know about the enforcement remedies available under

the Constitution of India and about access to justice through

Public Interest Litigation

CO5 To able to eluate preamble, fundamental rights and

duties, panchayat, National commission for Schedule caste,

Schedule tribe, Election commission.

of 71




contemporary era.


PSO’s PSO1 PSO2 PSO3 PSO4

CO1

CO2

CO3

CO4

CO5

CO6


1.1 Equality before law and equal protection of law-

meaning-constitutional provisions - total conspectus.

1.2 Classification for differential treatment -

constitutional validity



1.5 Compensatory discrimination : justice to weaker

sections of the society : SC/ST/OBC




1.9 Right to Equality : privatization and its impact of

affirmative action


2.1 Freedom of Speech and expression : right to

information

2.2 Freedom of Press and Media and challenges of new

scientific developments



2.4.1 1950 to 1978

2.4.2 After 1778



3. Personal liberty

3.1 Rights of accused: double jeopardy, self-

incrimination, retroactive punishment

3.2 Right to life and personal liberty : meaning, scope

and limitations

of 71


3.4 Preventive Detention - Constitutional Policy and

Constitutional safeguards.

3.5 Right to education: Primary education and higher

education.


4.1 Concept of Secularism and Constitutional

Provisions : Historical perspective of Indian

secularism



4.4 Religion and State in India : State control and non-

interference with religion

4.5 Minority rights : Scope and meaning of minority –

minority rights to educational institutions


5.1 Fundamental rights and directive principles - judicial

balancing



5.4 What is State? Meaning, Scope and expansion - need

to widen definition in wake of liberalization.


5.6 Reading Directive Principles into Fundamental

rights

5.7 Emerging of new rights and compensation

jurisprudence.



6.2 The relationships of the fundamental duties with

fundamental rights and directive principles.

Reference Books − Granville Austine: History of Democratic Constitution:

The Indian Experience (2000) Oxford: The Indian

Constitution: Cornerstone of a Nation (1999) Oxford Corner

Stone of a nation (1972).

− D.D. Basu, Constitutional Law of India: Prentice Hall of

India.

− Rajeev Bhargava, Secularism and Its Critics (2009) Oxford.

− Constituent Assembly Debates Vol.1 to 12

of 71

− Reajeev Bhargava, Politics and Ethics of Indian

Constitution, Oxford.

− H.M. Seervai : Constitution of India : Vol. 1 to 3, Tripathi

− M.P. Singh (ed) V.N. Shukla's : Constitutional Law of

India (2008) Oxford

− T.K. Tope's : Constitutional Law of India

− Marc Gallenter: Competing Equalities - Law and

Backward Classes in India (1984) Oxford.

− B. Sivaramayya, Inequalities and the Law (1984). Eastern.

− M.P. Jain, Indian Constitutional Law, Vol. I & II (2010)

Lexis Nexis



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 180590101020001: The Concept of Law

Course Code: 180590101020001


Credit 4

Teaching per week 4



Purpose of the Paper The course aims at understanding the various jurisprudential

theories and concepts, basics of law and also to hone their

soft skills in order to enhance their capacities to build a

strong foundation for the study of Master of Law course.

Course Objective The object of this course is to study the theory of law and its


understanding about the nature of law and basic functions of

law, the relationship between law and Justice, and law and

morals etc.



legal theory.

of 71



legal system


debates that have preoccupied legal philosophers from the

early days of civilization to modern times.



CO1

CO2

CO3



absolute values


1.3 Medieval period

1.4 Renaissance, Reformation and counter

reformation




1.8 The Meaning and Development of Natural Law

in Eighteenth and Nineteenth Century









2.3 John Austin


2.5 Classical Legal Positivism and Indian Legal

System




3.3 Modern Trends in Analytical and Normative

Legal Theory


of 71




4.1 What is sociological jurisprudence and sociology

of law?







4.7.1 Laswell

4.7.2 McDougal


4.7.4 Selznick

4.8 From Sociological Jurisprudence to Sociology of

Law




4.8.4 Autopoiesis

4.9 Sociological Jurisprudence and Indian

Perspective

5. Legal Realism




5.1.3 Jerome Frank



5.2.1 Alf Ross



Realism

5.4 Modern Realism.



6.1.1 Savigny


of 71


6.3 Legal Pluralism













Reference Books - Raymond Works, Understanding Jurisprudence (2009)

Oxford.




- Avtar Singh, Introduction to Jurisprudence (2001)

Wadhwa.

- Wayne Morrison, Jurisprudence From the Greeks to

Post-modernism (1997) Lawman (India).

- M.D.A Freeman, Llyod's Introduction to Jurisprudence

(1994) Sweet and Maxwell.

- W. Friedman, Legal Theory (2002-Indian Reprint)

Universal.

- G.W. Paton : A Text book of Jurisprudence (2007).

Oxford.

- Bodenheimer, Jurisprudence - The Philosophy and

Method of Law (1996) Universal.

- Fitzgerald (ed). Salmond on Jurisprudence (1999)

Universal.



Reprint) Universal.

- V.D. Mahajan, Jurisprudence and Legal Theory (1996-

Reprint) Eastern.


Satvahan.



of 71


Vikas.





- W. Friedman, Law in a Changing Society (1996)

Universal.



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 180590101030003: Concept and Development of Human Rights

Course Code: 180590101030003

Course Title Concept and Development of Human Rights

Credit 4

Teaching per week 4



Purpose of the Paper To know the basic concepts relating to human rights and the

origin and development of the same along with its

interrelationship with duties at national and global level.

Course Objective This course is intended to provide instruction on theoretical,

conceptual, historical and other general aspects of human

rights and duties. It encompasses philosophical and

historical foundations, concept of rights and duties, and

concept and classification of human duties and

responsibilities.

Course Outcome CO1: Describe diverse perspectives of human rights and the

evolution of rising aspirations and need of people in

recognising the right to live with human dignity

CO2: Explain the need of spelling out human duties and

eternal values

CO3: Define inter-relativity of human rights and human

duties

of 71

CO4: Derive the importance of universal entitlement of the

people to democracy as legitimate from of government

CO5: Identify the problems in freedom from sexual

discrimination and human rights.



CO1

CO2

CO3

CO4

CO5

Course Content 1. Philosophical and Historical foundations of human

rights and duties

i. Philosophical Foundations

(Quest for Quality of Life, Human ideals)

(a) Human society: man and society

(b) Human Values: Universal, Cultural, Social

Dignity, Justice and Equality

(c) Moral and Ethical Traditions and ideas

(d) Polity: Thought and Ideas

(e) Needs of Humankind : material, spiritual

ii. Historical Development

History of human rights civilization, Magna Carta,

British Bill of Rights, French and American

Declaration, International Bill of Rights.

2. The Concept of Rights

i. Meaning, nature and definition

ii. Classification of rights

3. Theories of rights and duties

i. Natural rights theory

ii. Liberal theory of rights

iii. Legal/positive theory of rights

iv. Marxist theory of rights

v. Sociological theory of rights

vi. Cultural theory of rights

4. Global and Indian Perspectives on Human Rights

i. Global Perspectives

ii. 'Third World' Perspectives

5. Rule of Law

i. Concept, origin and importance

ii. Patterns of rule of law in society

iii. Relation of human rights and good governance

6. Co-relationship of rights and duties

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i. Relationship between rights and duties

ii. Relationship between obligations and

responsibilities in relation to the state and society

7. Human duties and responsibilities

i. Concept of Human Duties and Responsibilities

a. Moral, ethical, social, economic, political and

cultural

b. Universal

c. Traditional/modern

ii. Classification of Human Duties and Responsibilities

a. Sound Body and Mind

b. Family

c. Community and society

d. Nation-State

e. Humankind and other living beings

f. Mother Earth

Reference Books - U.Baxi (ed) : Liberty and Corruption (1989)

: The Right to be Human (1986)

: Human Rights in a Post Human World

(2007)

- Farid Kazmi : Human Rights (1987), Intellectual Publishers,

Oxford, New Delhi

- L. Levin : Human Rights )1982)

- Madhavtirtha : Human Rights (1953)

- Angela Hegarty, Siobhan Leonard : Human Rights An

Agenda for the 21st Century (1999)

- Lalit Parmar : Human Rights (1998)

- Rama Jois : Human Rights : Bhartiya Values (1988)

- Lon L Fuller : The Morality of Law

- John Finnis : Natural Law and Natural Rights (1980)

- Julius Stone : Human Law and Human Justice (2000)

Universal

- M.G. Chitkara : Human Rights : Commitment and Betrayal

(1996)

- Kamenka E. : Ideas and Ideologies Human Rights (1978)

- Galtung : Human Rights in Anotherkey (1994)

- Drost : Human Rights as Legal Rights (1965)

- Macfarlane L.J. : The Theory and Practice of Human

Rights (1985)

- Garling M. : Human Rights Handbook (1979)

- N.K. Jayakumar : International Law and Human Rights

(Reprint 2011), Lexis Nexis, Wadhwa.

of 71

- Verma Justice J.S. : The New Universal of Human Rights

(2006) Universal.

- P.K. Das : International Law Documents (2003), Universal

- Anand A.S. : "Human Rights at the Threshhold of the New

Mullenium", Journal of Indian Law Institute, Vol. 40,

Nos.1-4, 1998, pp.1-5.

- Baxi, Upendra : Mambrino's Helmet? Humand Rights in

Changing World, 1994

- B.P. Singh Sehgal (ed) : Human Rights in India : Problems

and Perspectives, 1995, Deep and Deep.

- Dworkin R. : Taking Rights Seriously (1979)

- Hart H.L. : Law, Liberty and Morality 1969, Oxford

- : The Concept of Law, 1971, Oxford

- Hingorani R.C. : "Human Rights in Developing Countries",

Journal of Indian Bar Review, Vol. 10, No.41, 1983,

pp.615-60.

- V.R. Krishna Iyer : Human Rights and Inhuman Wrongs,

(1996) D.K. Publishers, New Delhi

- Kothari, Smitu and Harsh Sethi : Rathinking Human Rights,

1991

- Lee Harper : To Kill a Mocking Bird, 1960

- Mill J.S. : On Liberty (1974)

- K.P. Saksena (ed): Human Rights : Fifty Years of India's

Independance, 1999, Gyan Publishing House, New Delhi.

- Parashar, Archna : "Human Rights : The Imperatives of

Theoretical Changes" Journal of Indian Law Institute,

Vol.40, Nos.1-4, 1998, pp.6-37

- Rawls J.: A Theory of Justice, 1972, Oxford.

- Raz Joseph : The Morality of Freedom, 1986

- Ritchie D.C. : Natural Rights, 1894

- Tuck R. : Natural Rights Theories, 1979, Cambridge

- Sanajaoba N.: Human Rights in a New Millenium: 2000,

Manas Publications, New Delhi.

- M.P. Dube and Neeta Bora (eds): Perspectives on Human

Rights, 2000, Anamika Publishers, New Delhi.

- Waldron J.J. (ed.) : Theories of Rights, 1984, Oxford

- Winston, Morton E. : The Philosophy of Human Rights,

1989, Wadworth

- U.N. High Commissioner for Human Rights : An

Introduction : Making Human Rights a Reality (New York

: UN Publication Division, 1996)

- UNESCO : Philosophical Foundations of Human Rights

(Paris : UNESCO, 1986)

of 71

- UNESCO : Taking Action for Human Rights in Twenty-

First Century (Paris : UNESCO, 1998)



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 180590101040003: Human Rights and International Order

Course Code: 180590101040003

Course Title Human Rights and International Order

Credit 4

Teaching per week 4



Purpose of the Paper To know about the status of human rights at international

level and the mechanism and instruments available which

deals with protection of human rights.

Course Objective The focus of this paper is on the development of

international concern for human rights and of norms and

institutional mechanisms at the international and regional

levels.

Course Outcome CO1: To know the legal significance of Universal

Declaration of Human Rights

CO2: To identify the role of United Nations in protection of

Human Rights

CO3: To conceptualize implementation of International Bill

of Rights

CO4: To identify the specific human rights and analyse the

international instruments protecting the same.

CO5: To know about the origin, development and

mechanism of American as well as European Convention on

Human Rights and African Charter on Human and People's

Rights


PSO’s

PSO1 PSO2 PSO3 PSO4

CO1

CO2

of 71

CO3

CO4

CO5

Course Content 1. International and Regional Concern for Human

Rights

i. Concern for protection of the individual in anti-slave

trade treaties, humanitarian law treaties,

International Labour Organization, League of

Nations (mandate system, social and economic

welfare), Nazism and Fascism, the Holocaust, the

war crimes trials, spread of nationalism in Asia and

Africa and struggle against colonialism.

ii. Regional Approaches to Human Rights – Relevance

and factors contributing to regionalism in human

rights.

2. Human Rights, Duties and Responsibilities

Universal Declaration of Human Rights 1948, UN

Article 29 of General Assembly Declaration on the Right

and Responsibility of individuals, Groups and Organs of

Society to Promote and Protect Universally Recognized

Human Rights and Fundamental Freedom 1999,

UNESCO Declaration on the Responsibilities of the

Present Generations Towards Future Generations 1997.

3. Human Rights and the United Nations

Normative and institutional framework of the United

Nations: Role of the UN General Assembly, the

Economic and Social Council and its commissions and

sub-commissions.

4. The International Bill of Rights

i. Universal Declaration of Human Rights, 1948

ii. International Covenant of Economic, Social and

Cultural Rights, 1966

iii. International Covenant of Civil and Political Rights,

1966

5. Some Specific Rights

i. Rights of the peoples and nations to self-

determination :

Declaration on the Granting of Independence to

Colonial Countries and Peoples 1960; Declaration of

of 71

Principles of International Law Concerning Friendly

Relations and Co-operation among States 1970 (fifth

principle); Declaration the Permanent Sovereignty

over Natural Resources 1962, Declaration of a New

International Economic Order 1974; Charter of

Economic Rights and Duties 1974

ii. Freedom from discrimination

Convention on Elimination of All Forms of Racial

Discrimination 1965; Convention on the

Suppression and Punishment of the Crime of

Apartheid 1972 and Convention against Apartheid

in Sports 1985, UN Declaration on Elimination of all

Forms of Intolerance and Discrimination based on

Religion or Belief 1987; UNESCO Declaration on

Race and Racial Prejudice 1978; UNESCO

Declaration of Principles on Tolerance 1995.

iii. Freedom from Torture

Convention on Prevention and Punishment of the

Crime of Genocide 1948; Convention on the

Protection of All Persons from Being Subjected to

Torture and Other Cruel, inhuman or Degrading

Treatment or Punishment 1984.

iv. Rights of Women

ILO Conventions on Equal Remuneration (1951)

and Discrimination in Employment (1958);

Convention on Elimination of All Forms of

Discrimination against Women 1979; Convention

for the Suppression of the Traffic in Persons and of

the Exploitation of the Prostitution of Others 1949.

Rights of the Child

v. Rights of the Child

UN Convention on the Rights of the Child 1989,

ILO Convention on Child Labour 1999.

6. European Convention On Human Rights

i. History and normative developments since 1950

ii. Monitoring and Enforcement Machinery: European

Court of Human Rights, European Commission of

Human Rights, Council of Europe

7. American Convention on Human Rights 1969

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i. History and development of human rights

institutions in Latin America

ii. American Commission and Court of Human Rights

8. African Charter on Human and People's Rights

i. OAU Charter 1963

ii. African Charter of Human and People's Rights 1981

iii. Mechanism of implementation: African

Commission and Court of Human and Peoples'

Rights

9. Developments in Asian Region

Reference Books - H. Beddard: Human Rights and Europe (1980)

- Nagendra Singh: Human Rights and International Co-

operation (1969)

- S.C. Khare: Human Rights and United Nations (1977)

- Moskowitz: Human Rights and World Order (1958)

- A. Andrews: Human Rights in International Law (1986)

- Menon (ed): Human Rights in International Law (1985)

- B. Robertson (ed): Human Rights in National and

International Law (1970)

- Francisco Forrest Martin: International Human Rights Law

and Practice (1997)

- Benedetto Conforti and Francesco Francioni: Enforcing

International Human Rights in Domestic Courts (1997)

- Philip Alston: The United Nations and Human Rights : A

Critical Appraisal (1992)

- Luck Clements: European Human Rights : Taking a Case

Under the Convention (1997)

- R.K. Sinha: Human Rights of the World (1997)

- Evelyn A. Ankumah: The African Commission on Human

Rights and People's Rights (1997)

- R.S. Sharma and R.K. Sinha: Perspectives in Human Rights

Development (1997)

- Chandan Bala: International Court of Justice: Its

Functioning and Settlement of International Disputes

(1997)

- Rebecca Wallace: International Human Rights, Texts and

Materials (1997)

- Kalaiah A.B.: Human Rights in International Law (1986)

- Lauterpacht E: International Law and Human Rights

(1968)

of 71

- Robertson E: Human Rights in the World (1972)

- Sohn Lonis and Burgenthal: International Protection of

Human Rights (1973)

- Olivier De Schutler: International Human Rights Law

- : International Human Rights Law -

Cases, Material, Commentans

- B.N. Patel: Comprehensive Guide of Laws of Human

Rights in Commonwealth Countries (2007) Lexis Nexis

Wadwa.

- Council of Europe: Human Rights in International Law -

Collected Texts (2006) Universal.

- Robertson and Merrils: Human Rights in the World ( 2005)

Universal

- Human Rights Year Book Volumes

- Kramer Simmonds and Steiner: A Debate Over Rights

(2003) Eastern

- Livezey, Lowell W.: Non-Governmental Organisations and

the Ideas of Human Rights, 1986, Princeton

- A.P. Vijapur and Kumar Suresh (eds): Perspectives on

Human Rights, 1999, Manak Publishers, New Delhi.

- Nickel J.W.: Making Sense of Human Rights, 1987,

University of California Press, Berkeley.


Rights, 2004, Anamika Publishers, New Delhi

- Karel Vasak (ed): International Dimensions of Human

Rights, 1982

- K.P. Saksena (ed): Human Rights: Perspecties and

Challenges, 1994, Lancers Books, New Delhi.

- Theodor Meron (ed): Human Rights in International Law:

Legal and Policy Issues (1983), Oxford Clarendon Press.


Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 180509010150003: Protection and Enforcement of Human Rights in India

of 71

Course Code: 180509010150003

Course Title Protection and Enforcement of Human Rights in India

Credit 4

Teaching per week 4



Purpose of the Paper To know about the Constitution and human rights and

duties, special laws for the protection of vulnerable sections

of the people, implementation and enforcement

mechanisms, problems of enforcement, state and society and

human rights violations, Indian politics and human rights

violations, and the importance of internalizing human rights

and duties.

Course Objective This paper focuses on the normative and institutional aspects

of human rights and duties against the backdrop of the

politics and society in India

Course Outcome CO1: To understand the importance of implementation of

human rights

CO2: To identify enforcement mechanism of the National

and State Human Rights Commissions

CO3: To describe the role of civil society and NGOs in the

protection of human rights

CO4: Analyze international measures for the protection of

human rights


PSO’s

PSO1 PSO2 PSO3 PSO4

CO1

CO2

CO3

CO4

Course Content 1. The Constitution and Human Rights and Duties

i. Constituent Assembly debates on the Fundamental

Rights, Directive Principles and Fundamental

Duties, Problems of choosing "Fundamental

Rights".

ii. Problem of defining reasonable restrictions on

fundamental rights

iii. International human rights and the Indian

Constitution

iv. Fundamental Duties of State and Citizen : problems

of implementing Duties

v. Directive Principles of State Policy

vi. Interrelationships and tensions inter se

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2. Special Laws for Protection of Specific

Categories/Vulnerable Sections of the People

i. Reservations and the right to equality

ii. Protection of Minorities

iii. Protection of Women : in Private and Public domain

iv. Contract and unorganized workers; bonded labor

v. Children

3. Implementation and Enforcement Mechanisms

i. Judiciary

ii. National Institutions : SC/ST Commission for

Backward Classes, Minorities Commission,

Women's Commission, National Commission for

Protection of Rights of Child

iii. Human Rights Commissions : National and State

iv. Professional Councils : Press, Medical, Bar

v. Consumer Courts

vi. NGOs, Social movements and pressure groups

working through democratic institutions such as

lobbying MPs, Information Media

4. Problems of Enforcement of Human Rights in India

i. Poverty and inaccessibility of legal redress

ii. Abuse of executive power : deaths and torture in

police custody etc.

iii. Special Laws violative of human rights

iv. Lack of accountability and transparency in

government functioning and the right to information

v. Inadequate functioning of democratic institutions

and democratic deficit

vi. Social prejudices against casts, women, minorities

etc.

5. The State and Civil Society in India and Human Rights

Violations

i. Human Rights violations in private domain : within

the family, by dominant castes, religious groups

ii. Human Rights violations in public domain : State,

landlords, employers, etc., Riots and violence in

connection with inter-community tensions

iii. Unequal access to natural resources

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iv. Impact of development policies on human rights

6. Indian Politics and Human Rights Violations

i. Impact of colonialism on Indian and polity

ii. Assaults on Indian democracy

7. Importance of Internalizing Human Rights and Duties

Urgent need for not only sensitizing others of human

rights and duties, but of practising oneself those values:

self-inculcation, endeavour to live up to those ideals:

Duty to respect others' rights, respect each other's human

dignity.

Reference Books - U. Baxi: The Crisis of Indian Legal System (1982) Vikas

- S.C. Kashyap: Human Rights and Parliament (1978)

- V.D. Kulshreshtha: Landmarks in the Indian Legal and

Constitutional History (1995)

- Robert Lingat: The Classical Law of India (1998) Oxford

- B.P. Singh Sehgal: Human Rights in India Problems and

Perspectives (1995) Deep and Deep.

- D.D. Basu: Human Rights in Indian Constitutional Law

(1994)

- Krishna Iyer V.R.: Human Rights - A Judge's Miscellany

(1995)

- Vijay Chitins et al: Human Rights and the Law : National

and Global Perspectives (1997)

- B.P. Singh Sehgal: Law Judiciary and Justice in India

(1993)

- Poornima Advani: Indian Judiciary : A Tribute (1997)

- Justice Venkatramiah: Human Rights in a Changing World

(1998)

- Paramjit Jaiswal and Nishtha Jaiswal: Human Rights and the

Law (1996)

- James Vadakkumchery: Human Rights and the Politics in

India (1996)

- Sharma M.C. and Raju Ramachandran: Constitutionalism,

Human Rights and the Rule of Law (Essays in honor of Soli

J. Sorabjee) Oxford.

- C. Rajkumar (ed): Human Rights, Justice and

Constitutional Empowerment (2007) Oxford.

- Videh Upadhyaya: Public Interest Litigation in India :

Concepts, Cases and Concerns (2007) Lexis Nexis,

Wadhwa

of 71

- Antory Anglie and Garry Sturgess (eds): Legal Visions of the

21st Century : Essays in Honour of Judge Christopher

Weeramantry, 1998, Kluver The Hague.

- Mahmood Tahir (ed): Human Rights in Islamic Law (1993)

Genuine Publications New Delhi

- Rai L.D.: Human Rights in Hindu-Buddhist Tradition

(1996) D.K. Publishers, New Delhi.

- Rao P.P.: "Permeation of Human Rights Philosophy into

Municipal Law", Journal of Indian Law Institute, Vol. 40,

Nos.1-4, 1998, pp.131-37

- Saksena K.P. (ed): Human Rights : Fifty Years of India's

Indepedance (1999) Gyan Publishers, New Delhi.

- Singh N.K. : Social Justice and Human Rights in Islam

(1999) Gyan Publishing House, New Delhi

- Vijapur A.P. and Kumar Suresh (eds): Perspectives on

Human Rights, 1999, Manak Publications, New Delhi

- Aggarwal, Om Prakash: Fundamental Rights and

Constitutional Remedies (1954) Metropolitan Book, Delhi.

- Aggarwala S.K.: Public Interest Litigation : A Critique

(1985) N.M. Tripathi Bombay

- Aiyer S.P. and S.V. Raju (ed): Fundamental Rights and the

Citizen (1972) Academic Books, New Delhi

- Banerjee, D.N.: Our Fundamental Rights Their Nature and

Extent is Judicially Determined (1960) The World Press,

Calcutta.

- Bansal V.K.: Right to Life and Personal Liberty (1986),

Deep and Deep : New Delhi.

- Basu D.D.: Constitutional Law of India, Prentice Hall: New

Delhi.

- Baxi, Upendra: "Violence, Dissent and Development: Law

and Social Change", Indian Law Institute, New Delhi 1988,

pp.72-93

: Courage, Craft and Contention: The

Indian Supreme Court in the Eighties (1985), N.M. Tripathi

: Bombay

: Inhuman Wrongs and Human Rights

(1994) Har Anand Publications Delhi.

: Mambrino's Helmet? Human Rights for

a Changing World (1994) Har Anand Publications: New

Delhi

: Law and Poverty : Critical Essays (1988)

: Rights to be Human (1987) Lancers

Books: New Delhi.

of 71

- Bhagwati P.N.: "Human Rights and Democratisation of

Remedies" Indian Bar Review, Vol. 10, No.3, 1983, pp.584-

98

: Court, Constitution and Human Rights

(1995)

- K.L. Bhatia et al: Social Justice of Dr. B.R. Ambedker

(1995) Deep and Deep: New Delhi

- Bargohain, Bani: Human Rights: Social Justice and

Political Change (1999), Kanishka Publishers : New Delhi

- Chandra, Shailaja: Justice V.R. Krishna Iyer on

Fundamental Rights and Directive Principles (1998) Deep

and Deep: New Delhi

- Desai, A.R. (ed): Expanding Governmental Lawlessness

and Organized Struggles (1991) Popular Prakashan:

Bombay.

: Violation of Democratic Rights in India,

Vol. I & II (1986), Popular Prakashan.

: Assault on Democratic Rights in

Contemporary India (1985), Popular Prakashan.

- Deshpande, V.S.: "Rights and Duties under the Constitution",

Journal of Indian Law Institute, Vol.15, No.1, 1973, pp.94-

105.

- Dhavan, Rajeev: "Juristic Ethnology of Keshavananda's Case"

Journal of Indian Law Institute, Vol.19, No.4, 1977,

pp.489-97.

: "Law of Struggle: Public Interest Law in

India" Journal of Indian Law Institute, Vol.36, No.2, 1994,

pp.302-38.

- (ed) : Judges and Judicial Power: Essays in Honour of

Justice V.R. Krishna Iyer (1983) Sweet and Maxwell

- Diwan, Paras and Peeyushi Diwan: Human Rights and the

Law: Universal and Indian (1998) Deep and Deep: New

Delhi.


Rights (2000) Anamika Publishers.

- Gajendragadkar P.B.: The Indian Parliament and

Fundamental Rights (1972) Eastern Law House: Calcutta

- Gallenter, Mark: Law and Society in Modern India (1989)

- Ghai, Yash and Others (eds): The Political Economy of Law

(1987)

- R.S. Pathak and R.P. Dholakia: International Law in

Transition: Essay in Memory of Judge Nagendra Singh

(Doldrecht: Martinus Nijhoff, 1992)

of 71

- Gupta S.P.: Supreme Court on Amendment of

Fundamental Rights in Indian Constitution (1973) Law

Publishing House, Allahabad.

- Gupta U.N.: Constitution Protection of Personal Liberty in

India (1970) Leader Press: Allahabad.

- Guttal G.H.: "Human Rights: The Indian Law", Indian

Journal of International Law, Vol.26, Nos.1 and 2, 1986,

pp.53-71.

- Hansaria B.L.: Right to Life and Personal Liberty under

the Constitution: A Critical Analysis of Article-21, (1993),

N.M. Tripathi, Bombay.

- Hooker, Jr. W.S.: "Prospective Overruling in India: Golaknath

and After" Journal of Indian Law Institute, Vol.9. 1969,

pp.596-637.

- Iyer, V.R. Krishna: Human Rights and the Law (Indore :

Vedpal Law House, 1984)

: Human Rights: A Judge's Miscellany

(Delhi: B.R. Publishing Corporation, 1995)

- Jai, Janak Raj: Emergency Excesses: A Daylight Robbery

of Human Rights (New Delhi: Regency Publication, 1996).

- Jariwala, C.M.: "Public order under Preventive Detention: The

Judicial and Legislative Responses", Indian Bar Review,

Vol.6, 1984, pp.168-87.

- Jaswal, P.S. and N. Jaswal: Human Rights and the Law

(New Delhi : APH Publishing House, 1996)

- Jayaswal, K.P.: Hindu Polity (Bangalore: Bangalore Print

and Publishing, 1967)

- Joshi, K.C.: "Compensation through Writs: Rudal Shah to

Mehta" Journal of Indian Law Institute, Vol.30, No.1,

January-March 1988, pp.69-87.

- Joyce, James Avery: The New Politics of Human Rights

(London : Westview Press, 1987)

- Kambuj N.S.: "Indiscriminate Use of Loudspeaker and to

Legal Control" Journal of Indian Law Institute, Vol.30,

No.2, April-June 1998, pp.204-24.

- Kashyap, Subhash C.: Fundamental Rights and

Constitutional Amendments (New Delhi: Metropolitan,

1971)

: Human Rights and Parliament (New

Delhi : Metropolitan, 1978)

- Khanna H.R.: Constitution and Civil Liberties (New Delhi

: Radha Krishna Prakashan, 1978)

- Malik, Surendra: Fundamental Rights Cases. The Critics

Speak, (Lucknow : Eastern, 1975)

of 71

- Manohar, Sujata V.: "Judiciary and Human Rights", Indian

Journal of International Law, Vol.36, No.2, April-June

1996, pp.39-54.

- Mathew K.K.: Democracy, Equality, Freedom, (Lucknow :

Eastern, 1978)

- Mehta P.L. and Neena Verma: Human Rights and Indian

Constitution (New Delhi : Deep and Deep, 1995)

- Narasimham, R.K.: Human Rights and Social Justice (New

Delhi: Commonwealth Publishers, 1999)

- Panday, J. and R.K. Dubey: Civil Liberty under Indian

Constitution (New Delhi: Deep and Deep, 1995)

- Pannikar K.M.: The State and the Citizen (London: Asia

Publishing House, 1980)

- Patel T.: Personal Liberty under the Indian Constitution

(New Delhi: Jain Publishers, 1993)

- Prakash, Rani and Premlata Sharma: Constitution,

Fundamental Rights and Judicial Activism in India

(Jaipur: Mangal Deep Publications, 1997)

- Rajendra, Mangari: Protection of Human Rights Act (Delhi

: Ravinder Pulyani Law Book Agencies, 1999)

- Rama Rao, T.S.: "Supreme Court and the 'Higher' Logic and

Fundamental Rights", Journal of Indian Law Institute,

Vol.26, No.2, 1983, pp.186-94.

- Rao, K. Subba: Fundamental Rights under the

Constitution of India (Madras: Madras University, 1962)

- Rao, P. Chandrashekhara: The Indian Constitution and

International Law (Delhi: Taxmann, 1993)

- Suba, Asima: Human Rights Violations and the Law (Jaipur

: Pointer Publishers, 1999)

- Seervai, H.M.: Constitutional Law of India : A Critical

Commentary (Bombay: Eastern Book Publications, 1991)

: The Emergency, Future Safeguards and

the Habeas corpus (Bombay: Eastern Book Publications,

1978)

- Sharma, B.R.: Freedom of Press under the Indian

Constitution (New Delhi: Deep and Deep, 1994)

- Sharma, Bem Lata and Rani Prakash: Constitution,

Fundamental Rights and Judicial Activism in India

(Jaipur: Mangal Deep, 1997)

- Sharma, Gokulesh: Human Rights and Legal Remedies

(New Delhi: Deep and Deep, 2000)

: Human Rights and Social Change (New

Delhi: Deep and Deep, 1998)

- Sharma, H.C.: Politics and Human Rights (Jaipur: Books

Enclave, 1999)

of 71

- Sharma, R.N.: Fundamental Rights, Liberty and Social

Order (New Delhi: Deep and Deep, 1992)

- Sharma R.N.: Personal Liberty under Indian Constitution


- Sharma, Sudesh Kumar: Directive Principles and

Fundamental Rights: Relationship and Policy

Perspectives (1990)

- Singh, Chhatrapati: "Right to Life: Legal Activism and Legal

Escapism" Journal of Indian Law Institute, Vol.28, No.2,

April-June 1986, pp.249-57.

- Singh, Gurdip: "Status of Human Rights Covenants in India",

Indian Journal of International Law, Vol.28, 1988, pp.216-

21

- Singh, N.K.: Social Justice and Human Rights in Islam

(New Delhi: Gyan Publishing House, 1999)

- Singh, Sujan: Legal Aid and Human Right to Equality


- Siva ramayya B.: Inequalities and the Law (Lucknow:

Eastern Book Company, 1984)

- Swarup, Jagdish: Human Rights and Fundamental

Freedoms (1975)

- Thomas, M.A.: The Struggle for Human Rights (Bangalore

: Asian Trading Corporation, 1992)

- Tripathi, P.K.: Some Insights into Fundamental Rights

(Bombay: University of Bombay, 1971)

- Tripathi, S.M.: The Human Rights Face of the Supreme

Court of India: Public Interest Litigation in the Apex

Court (New Delhi: D.K. Publications, 1996)

- Vadkar, Praveen: International Relations, Democracy and

Human Rights (New Delhi: Rajat Publications, 2000)

- Theodor, Meron (ed): Human Rights in International Law:

Legal and Policy Issues (Oxford: Clarendon Press, 1983)


Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

of 71

Course: 180509010160003: Women and Human Rights and Duties

Course Code: 180509010160003

Course Title Women and Human Rights and Duties

Credit 4

Teaching per week 4



Purpose of the Paper This paper focusses on the protection of human rights of

women and national and international legal mechanism for

its enforcement.

Course Objective To know about the historical, philosophical and social

perspectives, status of women in contemporary Indian

society, international norms for protection of women, the

status of women under the Indian Constitution, special laws

and policies for protection of women in India, and

institutional for protection of women in India.

Course Outcome CO1: Identify issues relating to gender justice

CO2: Recognise the status of women's right as human right

CO3: Analyze offences against women in matrimonial

home

CO4: Describe the law relating to sexual harassment at the

work place

CO5: Identify special laws for the protection of women

CO6: Explain international norms for protection of women

derived from CEDAW


PSO’s

PSO1 PSO2 PSO3 PSO4

CO1

CO2

CO3

CO4

CO5

CO6

Course Content 1. Historical, Philosophical and Social Perspectives

2. Status of Women in Contemporary Indian Society

i. Poverty, illiteracy, lack of independence, oppressive

social customs and gender bias

ii. Violence against and abuse of women in public and

private domains

3. International Norms for Protection of Women

i. ILO conventions for protection of female labour

ii. UNESCO Convention against Discrimination in

Education 1960

iii. UN Convention on Political Rights of Women 1952,

Convention on Elimination of All Forms of

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Discrimination against Women 1979, Convention

on Nationality of Married Women 1957, Convention

on Consent to Marriage, Minimum Age for Marriage

and Registration of Marriages 1962, Convention for

the Suppression of the Traffic in Persons and of the

Exploitation of the Prostitution of Others 1949,

Declaration on the Elimination of Violence against

Women 1993, Convention on Political Rights of

Women 1952.

iv. Declaration on the Participation of Women in

Promoting International Peace and Co-operation

1982.

v. Documents of the Four World Conferences on

Women: Mexico 1975, Copenhagen 1980, Nairobi

1985, Beijing 1995.

vi. Protection of women in armed conflicts

vii. Other relevant developments

4. The Constitution of India and the Status of Women

i. Fundamental Rights and Directive Principles under

the Constitution

ii. Special provisions for the protection of women :

Article 15(3), Article 39(d) & (e), Article 42,

Articles 243-D & 243-T.

5. Special Laws and Policies for Protection of Women

i. Special Laws: Suppression of Immoral Traffic Act

1956, Indecent Representation of Women

(Prohibition) Act 1986, Commission of Sati

(Prevention) Act 1982, Medical Termination of

Pregnancy Act 1971, Maternity Benefit Act 1961,

Equal Remuneration Act 1976, Dowry Prohibition

Act 1961, Other laws having a direct bearing on

protection of women.

ii. Gaps between international norms and Indian law, if

any

iii. Women and public policy: Female health and family

welfare, literacy programmes, female labour

welfare, issue of current public debate: political

rights of women (reservations and protection of

women), personal laws and status of women.

6. Institutional Mechanisms for Protection of Women

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i. Constitutional mechanisms : Legislature, Executive

and Judiciary (special contribution of judiciary)

ii. Statutory mechanism : National Commission for

Women, National Human Rights Commission, State

Commissions

iii. The Non-Governmental Organizations

iv. The information media

v. Role of education

Reference Books - The Human Rights Watch Global Report on Women's

Human Rights (2000) Oxford.

- Prabhat Chandra Tripathi: Crime Against Working Women

(1998)

- Paras Diwan and Piyushi Diwan: Women and Legal

Protection, 1994, Deep and Deep

- Kelly D. Askin, Dorian M. Koening: Women and

International Human Rights Law (1999)

- Janaki Nair: Women and Law in Colonial India (1996)

- K. Uma Devi: Violence Against Women: Human Rights

Perspective

- Anand Justice A.S.: Justice for Women Concerns and

Expressions (2004) Universal

- B.B. Singh Sehgal (eds): Human Rights in India: Problems

and Perspectives, 1995, Deep and Deep, pp.136-55

- Lalita Dhar Parihar: Women and Law: From

Impoverishment to Empowerment - A Critique, Eastern

(1991)

- Amita Dhanda and Archana Parashar: Engendering Law -

Treatise on Women and Law (1999), Eastern

- Kaushik Vijay: Women's Movements and Human Rights

(1999) Jaipur Pointer Publications

- Bag R.K.: "Domestic Violence and Crime Against Women:

Criminal Justice Response in India", Journal of Indian Law

Institute, Vol.39, Nos.2-4, 1997, pp.359-75

- Shobha Saxena: Crimes against Women and Protective

Laws (1999) Deep and Deep

- Government of India: Towards Equality Report of the

Committee on the Status of Women, Government of India,

New Delhi (1975)

- UN Centre for Human Rights: Discrimination against

Women, (Geneva World Campaign for Human Rights, 1994)

- UN Centre for Human Rights: Harmful Traditional

Practices Affecting Health of Women and Children

(Geneva: World Campaign for Human Rights, 1995)

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- UN, Action for Gender Equality and Advancement of

Women (New York: UN Department of Public Information,

2000)

- UN: Convention on the Elimination of all Forms of

Discrimination against Women, (New York: UN

Department of Public Information, 1999)

- UN: Platform for Action and Beijing Declaration: Fourth

World Conference on Women, Beijing, China 4-15

September 1995 (New York: UN Publication Division, 1993)

- UN: Vienna Declaration and Programme for Action

- UNESCO: Human Rights of Women (Paris: UNESCO,

1999)


Rights, 2000 Anamika Publishers, New Delhi, pp.97-106 and

pp.156-65

- A.S. Altekar: Position of Women in Hindu Civilization

from Prehistoric Times to the Present Day, 1962

- Susan Atkins and Brend Hogett: Women and the Law, 1984

- Bernardi M.J.: International Instruments on the Health of

Children and Women (Geneva, 1997)

- Brophy Julia and Carol Smart (eds): Women in Law:

Explorations in Law, Family and Sexuality, 1985

- Cook Rebecca (ed): Human Rights of Women, 1994

- : Human Rights and Women's Health :

The Promotion and Protection of Women's Health through

Human Rights Law (Geneva : WHO, 1994)

- Crites, Laura L. and Winefred L. Heppert (eds): Women, the

Courts and Equality, 1987, Sage, New Delhi.

- Desai Neera and Maithreyi Krishnaraj (eds): Women and

Society in India, 1987, Ajanta Publications

- Desai Neera and Vibhuti Patel (eds): Indian Women, 1990,

Popular Prakashan.

- Desai Neera: A Decade of Women's Movement in India,

1988, Himalaya Publishing House, New Delhi.

- Devaria, Leelamma and V.V. Devaria (eds) : Women in India

: Equality, Social Justice and Development, 1990, Indian

Social Institute, New Delhi.

- Dunayevsjaya R.: Women's Liberation and the Dialectics of

Revolution (1985)

- Fernandes Walter: Tribal Women and Forest Economy :

Deforestation Explanation and Status

- V.R. Krishna Iyer: Report of Female Prisoners, 1986

- Rachna Kaushal: Women and Human Rights in India, 2000,

Kaveri Books, New Delhi.

of 71

- Vijay Kaushik and Bela Rani Sharma: Encyclopedia of

Human Rights and Women's Development Vo.1-5, 1995,

Swarup and Sons, New Delhi.

- Kaushik Vijay: Women's Movements and Human Rights,

1999, Pointer Publishers, Jaipur.

- S.K. Khanna: Women and Human Rights, New Delhi :

Commonwealth, 1998

- S. Mukhopadhyay (ed): In the Name of Justice : Women and

Law in Society, 1998, Manohar

- Sujata V. Manohar: "The Indian Judiciary and Womens

Rights" Indian Journal of International Law, Vol.36, No.4,

October-December 1996, pp.1-12

- Lalita S.: "Legality of Contract of Sale of Women", Journal

of Indian Law Institute, Vol.30, No.1, 1998, pp.100-102.

- Mehra Madhu: "And Miles to Go : Challenge Facing Women

Human Rights" Journal of Indian Law Institute, Vol.40,

Nos.1-4, 1998, pp.121-30

- Meis Maria: Patriarchy and Accumulation on a World

Scale : Women in the International Division of Labour,

1986, Zed Books, London.

- Mishra Jyotsna (ed): Women and Human Rights, 2000,

Kalpaz Publications, New Delhi.

- S.K. Pachauri : Women and Human Rights, 1999, APH

Publications, New Delhi

- Sanjay Parikh and and Manoj K. Sinha: Sexual Harassment: A

Wrong Beyond Discrimination" Journal of Indian Law

Institute, Vol.41, Nos. 3 and 4, 1999, pp.478-88.

- Pask E. Diane and Others (eds): Women, the Law and

Economy, 1985.

- Peters Tulic and Andrea Wolper (eds): Women's Rights,

Human Rights, 1995, Routledge, New York.

- Sahu, Asima: Women's Liberation and Human Rights,

2000, Pointer Publishers, Jaipur.

- Sagade Jaya: "Polygamy and Women's Right of Maintenance:

Survey of Judicial Decisions", Journal of Indian Law

Institute, Vol.31, No.3, July-September 1989, pp.339-45.

- Sarkar Lotika and B. Sivaramayya (ed): Women and Law,

1994, Vikas, New Delhi.

- Sarkar Lotika: "Rape: A Human Rights Versus Patriarchal

Interpretation" Indian Journal of Gender Studies, Vol.1,

No.1, 1994, pp.69-92.

- Shams, Shamsuddin: Women, Law and Social Change,

1997.

of 71

- Sharma, Swarn Lata,: Gender Discrimination and Human

Rights, 2000, K.K. Publications

- Sreenath Lalith: "Victimisation of Girl Child in the Home":

Indian Journal of International Law, Vol.38, No.1, 1996,

pp.101-107.

- Srivastava T.N.: Women and Law, 1985, Intellectual

Publishing House, New Delhi

- Symonides, Janusz and Vladimor Volodin: Human Rights of

Women: A Collection of International and Regional

Normative Instruments (Paris : UNESCO, 1999)

- Vadachumchery James: Police Women and Gender Justice,

2000, APH Publishing House, New Delhi.

- Warti, Dipangshu Chakra: Atrocities on Indian Women,

1999, APH Publishing Corporation, New Delhi.


Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Semester 2


per week

Course

Credit

University

Examination

Inter

nal

Mar

ks

Total

Mar

ks The

ory

Prac

tical

Durati

on

Marks


Law - II

4 0 4 3hrs 70 30 100

1905090102020001 Legal Education

and Research

Methodology

4 0 4 3hrs 70 30 100

1905090102030003 Minorities and

Human Rights

4 0 4 3hrs 70 30 100

1905090102040003 Children and

Human Rights

and Duties

4 0 4 3hrs 70 30 100

1905090102050003

International

Humanitarian

Law and

Refugee Law

4 0 4 3hrs 70 30 100

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1905090102060003

Science and

Technology and

Human Rights

and Duties

4 0 4 3hrs 70 30 100


Course Code: 1905090102010001


Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to make students develop and





Judiciary.

Course Objective The purpose of this paper is to make students develop and





Judiciary.

Course Outcome CO1 To introduce students with the concepts of the

Constitution by addressing the ideological framework relied

upon by the framers of the Constitution of India, the system

of government and role of judiciary by discussing and

analysing the rights and duties specified under the



and judiciary

CO3 To understand the central and state relations, financial

and administrative

CO4 To realize the status and importance of fundamental

rights, fundamental duties and directive principles of state

policy and relation among them by understanding the

articulation of its basic values under the Constitution of

India;

C05 Comprehend the basic feature of the Constitution of

India and the importance of the role of judiciary in ensuring

checks and balances



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contemporary era.



CO1

CO2

CO3

CO4

CO5

CO6


• Authoritarianism-Dictatorship Democracy-Historic

Evolution of Constitutional Government

• Limited Government-Concept-Limitations on

Government Power

• Separation of Powers

• Rule of Law-Concept and New Horizons

• Judicial Review and its Reach

2. Federalism

• Confederation and Federation-Distinction

• Patterns of Federal Government, What is Federal

Government

• Judicial Review for Federal Umpiring

• Principles of Federalism, Indian Constitutional

Provisions & Scheme : Central

• Control Vs. State Autonomy

• New Trends in Federalism : Co-operative

Federalism

• Plural Aspects of Indian Federalism : Special

Status of Jammu & Kashmir;

• Tribal Areas, Scheduled Areas.

• Nature and Characteristics of Indian Federalism :

Territory-Federal

• Implications; Creation of new states.


• Legislative Relations & Management of Legislative

Conflicts within Federal

• Framework.

• Administrative Relations and Management of

Executive Conflicts within


• Distribution of Fiscal Power, Financial Relations

and Management of Financial

• Conflicts, Restrictions and Regulations of Fiscal

Power and Allocation within


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• Judicial Machinery for settlement of Centre-State

and Inter-State Disputes

• Inter-State Disputes, Comity and Co-operation

within Federal Framework.

• Justice Sarkaria Commission: Recommendations on

Centre-State Relations.


• Parliamentary Government at the Centre and State

• Union Executive :

− President: Election, Qualifications, Powers,

Impeachment and Relationship with Council of

Ministries.

− Council of Ministries : Prime Minister-Cabinet

System-Collective & Individual Responsibility

− Attorney General of India

• State Executive :

− Governor and State Government Constitutional

Relationship

− Governor's position from the perspective of

Federalism

• Legislative Processes, Powers and Privileges and

Immunities.

− Comptroller & Auditor General of India

• Coalition Government and Anti Defection Law

• Local Governments : Panchayats, Municipalities

− Union Territories

− Scheduled & Tribal Areas

• Free & Fair Elections as essence of Democracy and

the Role of Election Commission

5. Constitutional Processes of Adaptation and Alterations.

• Methods of Constitutional Amendments

• Limitations upon Constituent Power

• Development of Basic Structure, Doctrine of

Judicial Activism and Restraint

• Power, Procedure of Constitutional Amendment

and its implications of Federal Structure.

6. Inter-State Trade and Commerce: Problems and

Perspectives

• Freedom

• Exceptions

• Implications on the Concept of Federalism


• Doctrine of Pleasure of the President and the

Governor

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• Protection against arbitrary removal, reduction and

dismissal.

• Public Service Commissions.


• Proclamation and Effect of Proclamation.

• Duty of Union to protect States

• Failure of Constitutional machinery in State and

Centre's responsibility.

• Emergency and its impact on Fundamental rights:

Direction of the Centre to the

• State under Article-356 and 365.

• Financial Emergency and its Implications

Reference Books − M.V. Pylee: Constitutions of the World (2003), Universal.

− M.P. Singh (ed). V.N. Shukla' : Constitutional Law of India

(2008), Oxford

− M.P. Singh (ed) : Comparative Constitutional Law, Festschrift

in Honour of

− Professor P.K. Tripath, (2011) Eastern.

− H.M. Seervai : Constitutional Law of India (1991), Tripathi.

− M.P. Jain : Indian Constitutional Law (Vol-I & II - 2010)

Lexis Nexis

− T.K. Tope : Constitutional Law of India

− Constituent Assembly Debates : Vol-9 (pp.203, 240, 302-349)

and Vol-10 (325-342)

− Administrative Reforms Commission: Report of the Study

Team on Central-State Relationships (1967) Vol-I Sections-I

& II.

− L.M. Singhvi (ed) : Union-State Relations in India (1969)

− K. Subba Rao : The Indian Federation.

− K.C. Wheare : Federal Government, Oxford.

− D.D. Basu : Constitutional Law of India, Prentice-Hall

− D.T. Lakdawala : Union-State Financial Relation, (1967)

− V.D. Sebastion : Indian Federalism and Legislative Conflicts

(1985)

− Granville Austin : Indian Constitution Cornerstone of the

Nation: Fifty years of the working of the Indian Supreme

Court

− B.N. Rau : Making of the Indian Constitution

− V.M. Dandekar : "Unitary Elements in a Federal Constitution"

22 EPW, 1865 (1988)

− S.P. Sathe : Fundamental Rights and Amendment of Indian

Constitution (1968)

− G.C.V. Sabbu Rao : Legislative Powers in Indian

Constitutional Law (1982)

− International Commission of Jurists : Status of Emergency and

Human Rights (1984)

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− S.K. Verma and Kusum (eds) : Fifty Years of the Supreme

Count of India – Its Grasp and Reach (4th Impression-2009)

Indian Law Institute Oxford.

− Report of the National Commission to Review the Working of

the Constitution (2002)

− Relevant Volumes of the Annual Survey of Indian Law

published by the Indian Law Institute (Constitutional Law-II)

New Delhi.



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100


Course Code: 1905090102030001

Course Title Legal Education and Research Methodology

Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to study various aspects of legal

education and to learn and understand the procedure involved in

legal research.

Course Objective The course objective is to conduct legal research in a systematic

manner and to learn about legal education.

Course Outcome CO1: To study how and why legal education was introduced

in India and to understand the importance of legal education.

CO2: Identify and explain the broad contexts of legal

research, various constituencies of that research and

different forms of analysis of that research.

CO3: Construct a literature review, frame a legal research

question and develop an appropriate methodology.



CO5: Synthesise and critically identify, use and evaluate a

range of legal resources

CO6: Record, store and manage research data Mapping between CO’s and


CO1

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CO2

CO3

CO4

CO5

CO6










1.4 Examination System - Internal and External

Evaluation and Problems in evaluation.


Organisation of seminars, publication of journal,

students' feedback

1.6 Clinical Legal Education : Legal aid, legal literacy,

legal survey and law reform


2.1 Research, Legal Research and Socio-Legal

Research

2.2 Research Methods and Research Methodology-

distinction




2.3.3 Induction and Deduction methods of

Reasoning

3. Research Problem




3.4 Legislative materials including subordinate

legislations, notifications and policy statements

3.5 Decisional materials including foreign decisions,

methods of discovering "rule of the case", tracing

history of important cases and whether overruled;

discovering judicial conflict in areas pertaining to the

research problem and the

reasons thereof.

3.6 Juristic writings-survey of juristic literature relevant

to select problem in Indian and Foreign periodicals.

3.7 List of Reports and Special Studies conducted

relevant to the research problem

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4.2 Characteristics and Significance of Research

Design




4.6 Legal Impact Analysis and Impact of Judicial

decisions








5.5 Use of Historical and Comparative research and

case materials and juristic literature

5.6 Methods of collection of statutory and case



5.8 Jurimetrics


6.1 Use of cards for data collections and Rules for

tabulation



8. Report writing Reference Books − Robert Watt : Concise Legal Research (2001) Universal.

− S.K. Myneni : Legal Research Methodology (2001) Allahabad

− Hugh Brayne, Nigal Duncan and Richard Grimes : Clinical

Legal Education - Active

− Learning in your Law School (2003) Oxford.

− N.R. Madhava Menon (ed) : A Handbook on Clinical Legal

Education (1998) Eastern

− S.K. Agrawal (ed) : Legal Education in India (1973), Tripathi

− Indian Law Institute Publication : Legal Research and

Methodology (2001)

− M.O. Price , H. Bitner and Bysiewicz : Effective Legal

Research (1979)

− Pauline V. Young : Scientific Social Survey and Research

(1962)

− Morris L. Cohen : Legal Research in a Nutshell (1996) West

Publishing Co.

− Harvard Law Review Association : Uniform System of

Citations.

of 71

− William J. Goode and Paul K. Hatt : Methods in Social

Research (1952)

− H.M. Hyman : Inter viewing in Social Research (1965)

− Payne : The Art of Asking Questions (1965)

− Erwin C. Surrency, B. Fielf and J. Crea : A Guide to Legal

Research (1959)

− UGC Report of the Curriculum Development Centre in Law

Vol-I & II (1990) and UGC Model Curriculum in Law Report

(2001).


Assignment

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102030003: Minorities and Human Rights

Course Code: 1905090102030003

Course Title Minorities and Human Rights

Credit 4

Teaching per week 4



Purpose of the Paper The course content is intended to identify various problems

of minorities through historical study and to examine

relevant legislative, executive and judicial approaches at

national and international level and to contribute to the pious

quest of welfare of minorities.

Course Objective The course content is intended to identify various problems

of minorities through historical study and to examine

relevant legislative, executive and judicial approaches at

national and international level and to contribute to the pious

quest of welfare of minorities.

Course Outcome CO1: Describe minorities as a socio-economic-religious-

linguistic concept

CO2: Explain special laws relating to minorities in India

CO3: Identify constitutional framework on the rights and

duties of minorities in India

CO4: Recognize the importance of International

Declaration on the Rights of Persons belonging to National

or Ethnic, Religious and Linguistic Minorities

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CO5: Analyze the policy of secularism and politics of

minorities in India



CO1

CO2

CO3

CO4

CO5

Course Content 1. Meaning, definition, historical background and

various kinds of minorities

• Ethnic minority

• Religious minority

• Linguistic minority

• Sexual minority ( Lesbian, Gay, Hijaras)

2. International Documents and National level

legislative provisions

• Charter of Human Rights and Minority Rights and

Civil Liberties

• Declaration of Rights of persons belonging to

National or ethnic, Religious and Linguistic

minority

• International Convention on Elimination of all

forms of Racial Discrimination

• Minority Rights under the European Conventions

• International Minority Protection System

• Indian Constitution- Preamble, Art. 29 & 30,

• Constituent Assembly Debate on Art. 29 &30

3. Institutions

• United Nations Human Rights Council

• UN HR Office of High Commissioner

• Forum on Minority Issues Asia -Europe

• National Commission for Minorities

4. General and Special Problems of Minorities

• Promotion and Protection of Right to Education for

Minorities

• Human Rights violation in India

5. Judicial Approach towards Human Rights of

Minorities

6. Role of State, Politicians, N.G.O., Media,

Educational Institutions etc. for the welfare of

minorities

Reference Books − Dr. R.K.Thakor: Social Justice in India: Minorities

Context (2011)

− Prof. I.P. Massey: Minority Rights Discourse in India

(2002)

of 71

− Ed. V.K. Garg: Minority Rights (2011)

− Ed. Abdul Wahab: Minority Education in India- Issues

of access, equity & inclusion (2010)

− Ed. Prof. Abdul Rahim: Implementing Human Rights in

the third world, Essay on Human Rights, Dalits and

Minorities (2008)

− Ed. Bonita Aleaz, Lipi Ghosh & A.K.Datta: Ethnicity,

Nations and Minorities: The South Asian Scenario

− V.K.Varma: Dalit, Minority and Caste Politics in India

(2010)

− Dr. Bindeshwar Pathak & B.N. Shrivastava:

Constitutional Safeguards for Weaker sections and

Minorities in India (1999)

− Dr. Sujit Chaudhary: The Bodos: Emergence and

Assertion of Ethnic Minority (2007)

− Legal Services India.com: Minority Rights: The Judicial

Approach

− Legal Service India.com: Constituent Assembly Debate

on Art. 29&30

− Thomas Benediktor: Language Policy and Linguistic

Minorities in India (2009)

− Joshya Castellino & Elvira Deningues –Oxford press

(2009): Minority Rights in Asia: A Comparative Legal

Analysis

− Anil Bhuimali: Minorities in India Serials Publication

New Delhi (2008)

− Minority Rights in India

www.mainstreamweekly.net.2006

− PRP Journal of Human Rights



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102040003: Children and Human Rights and Duties

Course Code: 1905090102040003

http://www.mainstreamweekly.net.2006/

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Course Title Children and Human Rights and Duties

Credit 4

Teaching per week 4



Purpose of the Paper The present course is intended to understand the historical

background and chronological attempts of international

organizations and national institutions through conventions,

covenants, policies, enactments, case laws etc. for the

wellbeing of the children

Course Objective The objective of the course is to learn about the historical

background as well as efforts made at national and

international level to protect the interests of children.

Course Outcome CO1: Identify constitutional provisions relating to the

protection of the child

CO2: Describe the issues relating to the rights of the child

CO3: Recognise the standard minimum rules for the

administration of juveniles

CO4: Distinguish between economic exploitation and

sexual exploitation of children

CO5: Explain the National Policy for Children in India

CO6: Describe powers and functions of National

Commission on Protection of the Rights of the Child.



CO1

CO2

CO3

CO4

CO5

CO6

Course Content 1. Child- Legal definitions under various laws

Basic Rights of children- (1) Right to birth (2) Right to

survival and (3) Right to development

Child related issues/problems- killing of girl foetus ,

malnutrition, health, education, neglected children,

street children, missing children, kidnapping, sexual

abuse, forced labour, child labour, exploitation, juvenile

delinquency, so-called illegitimacy, custody and

guardianship, refugee children

2. International covenants and conventions

• UN Declaration of Human Rights,1948

• International Covenant on Civil and Political

Rights1966

• Convention on Rights of the Child 1989

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• UN Standard Minimum Rules for the Administration

of Juvenile Justice (The Beijing Rules) 1985

• UNICEF Report-2005

• Amnesty International

3. National Level Measures

• Establishment of National Commission for

Protection of Child Rights (2006)

• National Policy for Children

• Related provisions of Indian Constitution

• Other related Legislations

4. Duties of Parents & State

• Role of N.G.O., Media,

• Suggestions for better protection of rights of children

5. Judicial approach towards rights of Children-P.I.L.

Reference Books − A.Kusum: Status of Girl Child in India Bookshop of India

− Sudip Chakraborty: Human Rights of Children in India:

Evaluating Policies and Public Actions

− Dr. Lata Kaushal: Child Labour and Human Rights: Social

Dimeation

− Subhashchandra Singh: Rights of Child

− R.Ganga & M. Supputhai: Children’s Rights as Basic Human

Rights: Sensitization of Stakeholders

− M M Rehman, Kanta Rehman& S.Mehraj Begam: Child

Labour & Child Rights: A Compedium

− Bajpai Asha: Child Rights in India: Law,Policyand Practice

− Jaishri Jaiswal: Human Rights of Accused and Juvenile

Deliquent in conflict with law

− Jyotsna Tiwari: Child Abuse and Human Rights (2 Volumes)

− S.K. Panchaauri: Children and Human Rights

− Anu Saksena : Human Rights and Child Labour in Indian

Industries

− Dr. Nanjunda D C : Child Labour and human Right

Perspective

− D V Rao: Child Rights: Perspectives on National and

International Law

− Jha A.K. : Child Abuse and Human Rights Anmol New Delhi



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

of 71

Course: 1905090102050003: International Humanitarian Law and Refugee Law

Course Code: 1905090102050003

Course Title International Humanitarian Law and Refugee Law

Credit 4

Teaching per week 4



Purpose of the Paper The present course content is intended to study the historical

background of problems of refugees and to examine the

national legislative measures, policies and international

documents and various institutions involved in it.

Course Objective The course objective of this paper is to study the historical

background of problems of refugees and to examine the

national legislative measures, policies and international

documents and various institutions involved in it.

Course Outcome CO1: Define nature and basic principles of international

humanitarian law and analyze the problems and challenges

of implementation of international humanitarian law

CO2: Explain the principles involved in determining

refugee status under the Refugee Convention of 1951.

CO3: Identify various solutions to refugee problems under

international refugee law

CO4: Describe various human rights of refugee

CO5: Distinguish between international burden sharing and

temporary protection

CO6: Define the importance of United Nations Guiding

Principles on Internal Displacement



CO1

CO2

CO3

CO4

CO5

CO6

Course Content 1. Concepts of Humanitarian Law, Refugee and Armed

conflict-

• Historical background

• Categories of refugees

2. International and national policies, Treaties,

documents and legislative provisions

• UDHR- 1948

• International Covenant on Civil and Political Rights

(ICCPR)

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• 1951 Convention relating to the status of Refugees

• 1967 Protocol on status of Refugees

• UN Convention on Prevention and Punishment of

Crime of Genocide

• UNHCR- Asylum seekers- new Guidelines

• Indian Constitution and Rights of Refugees

3. Issues/Problems of Refugee -an overall perspective

• India’s refugee policy and issues

• Overview of Refugees Situation in India

• National Refugee Law for India: Benefits and

Roadblocks

4. Institutions

• UN High Commissioner for Refugees

• UN Security Council

• International Courts of Justice

• N.G.Os

5. Refugee Law and its benefits

• Recommendations

Reference Books − Manojkumar Sinha: Basic Documents on International

Human Rights and Refugee Laws(2000)

− Dr. N. Subramaniam: Human Rights and Refugees

(2011)

− Manik Chakrabarty: Human Rights and Refugees-

Problems, Laws and Practices (1998

− www.ipcs.org

− Indian Society for International Law (ISIL) Year Book

of International Humanitarian and Refugee Law Vol. X-

2010 Annual subscription Rs. 400

− F Kalshoven, L Zegveld: Constraints on the waging of

war: An introduction to International Humanitarian Law

(2011)

− G.D.Solis: The Law of Armed Conflicts- International

Humanitarian Law in war (2010)

− G.S. Goodwin,JMcAdam: The Refugee in International

Law (2007)

− M. Foster: International Refugee Law and socio-

economic rights (2007)

− Sara E. Davis: Refugees and Human Rights-

Legitimizing Rejection in Refugee Law in South East

Asia

− H.P. Gasser: International Humanitarian Law-

Cambridge Uni. Press

− M. Sassoli, A,A. Bouvier, A Quintin: How does Law

Protect in War (2006)

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Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090102060003: Science and Technology and Human Rights and Duties

Course Code: 1905090102060003

Course Title Science and Technology and Human Rights and Duties

Credit 4

Teaching per week 4



Purpose of the Paper The present course is intended to study the science &

technology with human rights perspective. An attempt is

made to examine impacts of science and technology on

human rights. The present course also focuses on

international institutions and international documents

pertaining to science & technology and human rights &

duties.

Course Objective The present course is intended to study the science &

technology with human rights perspective. An attempt is

made to examine impacts of science and technology on

human rights. The present course also focuses on

international institutions and international documents

pertaining to science & technology and human rights &

duties.

Course Outcome CO1: Distinguish between positive and negative role of

science and technology

CO2: Explain the impact of invitro fertilization and

surrogate parenthood on human rights protection

CO3: Analyze the impact of developments in biotechnology

on right to human dignity

CO4: Define human rights perspective on new torture

technologies like electric shock, trauma-inducing drugs and

psychotropic substances.



CO1

CO2

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CO3

CO4

Course Content 1. Significance of science & technology in socio-

economic development-Human Rights perspectives

• Medical technology- organ transplantation,

surrogacy IVF,

• Information communication technology- Internet,

mobile, c.c. camera, video conferencing etc.

• Agriculture- Bio-technology

• Nuclear technology- atomic energy

2. Science & technology in criminal investigation and

administration of justice

Forensic science, hand writing test, Finger print, DNA

test, lie detector (polygraph test), Brain mapping, Narco

analysis test, c.c. camera, video conferencing,

computerateion, online reporting etc.

3. International & Regional Institutions for science &

technology and Human Rights & Duties

• Office of UN High Commissioner for Human Rights

• The International Council for Science (ICSU)

• Committee on Freedom and Responsibilities in

Conduct of Science ( CFRS)

• UN Educational, Scientific and Cultural

Organization ( UNESCO)

• UN Commission on Science & Technology for

Development

• International Council on Human Rights Policy

• Commission on Ethics of Scientific knowledge &

Technology (COMEST)

4. International and Regional Covenants, Conventions

and Documents

• First Non-binding document- UDHR 1948

• International Covenant on Civil and Political Rights

1966

• International Covenant on Economic, Social and

Cultural Rights 1966

• Council of Europe- Convention on Human Rights

and Biomedicine

• USA- Additional Protocol to the American

Convention on Human Rights in the Area of

Economic, Social and Cultural Rights (Protocol of

San Salvador) 1988

• Charter of Economic Rights and Duties of States

1974

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• UN Gen. Assembly Resolution: Declaration on

Social Progress and Development 1969

• Declaration on Principles of International Law

Concerning Friendly relations and Co-operation

among States in Accordance with the charter of the

United Nations 1970

• Declaration on the use of Scientific and

Technological Progress in the Interests of Peace and

for the Benefit of Mankind 1975

• Universal Declaration on Bioethics and Human

Rights 2005

• Declaration on Climate Change and Development in

Africa 2007

• Declaration on Science Technology and scientific

Research for Development 2007

• World conference: Proclamation of Teheran 1968

• Vienna Declaration and Programme of Action 1993

• Declaration on Science and the use of Scientific

Knowledge ( Budapest) 1999

• Declaration of Dakar 2007

• Hyderabad Declaration on Impact of New Biology

on Justice Delivery System

5. Issues/Problems related to science and Human

Rights

• Possibilities of misuse of Nuclear technology for

destructive purposes and threat to peace

• Moral and legal issues related to organ

transplantation and surrogacy

• Cybercrimes, hacking, Right to information v/s

Right to Privacy

• Climate change global warming, e-waste, pollution

• IPR- registration of Patent and high cost of medicine

• Threat to small scale industries and adverse effect to

agricultural land and Forest, issue of Rehabilitation

6. Duties of International organizations, States, Media,

Scientists, N.G.O., Professionals and Citizens

regarding impacts of science & Technology on

Human Rights

Reference Books − C.G. Weeramantry : Human Rights and Science &

Technological Development United Nations Uni. Press

− Natisa J. Aptekar: Biomedical Technology and Human Rights

(India Journal of Medical Ethics)

− Amulya K.N. Reddy: Nuclearisation, Human Rights and

Ethics

− Impacts of Technological Development on Workers Rights

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− Technological Development for Human Security (Source-

Asian Institute of Technology working group Chap.9)

− The Ethical implication of Global Climate Change ( Sourcee-

COMEST)

− Resolution on Science and Technology for Development (

Source- ECOSOC )



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Semester 3


per week

Course

Credit University

Examination

Inter

nal

Mark

s

Tot

al

Ma

rks The

ory

Prac

tical

Durati

on

Marks

1905090103010001

Law and Social

Transformation in

India

4 0 4 3hrs 70 30 100

1905090103020001 Judicial Process 4 0 4 3hrs 70 30 100

1905090103030003

Human Rights and

Criminal Justice

System

4 0 4 3hrs 70 30 100

1905090103040003

Disadvantaged

Groups and Human

Rights

4 0 4 3hrs 70 30 100

1905090103050003

Environmental

Law, Policy,

Human Rights and

Duties

4 0 4 3hrs 70 30 100

1905090103060003

Human Rights and

Issues of Poverty,

Accountability,

Governance and

Development

4 0 4 3hrs 70 30 100

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Course Code: 1905090103010001


Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to make the students aware the

role that law has played and has to play in the contemporary

Indian society. Course Objective This course is designed to offer the teacher and the taught

with –(a) awareness of Indian approaches to social and

economic problems in the context of law as a means of social

control and charge; and (b) a spirit of inquiry to explore the

law and legal institutions as a means to achieve development

within the framework of law. Course Outcome CO1: Explain constitutional orientation and response to

social transformation

CO2: Describe aspects of non-discrimination on the ground

of language

CO3: Identify affirmative actions necessary for social

transformation


CO5: Conceptualize modernization of law and social

institutions. Mapping between CO’s and


CO1

CO2

CO3

CO4




Criticism and evaluation in the light of colonization and

the introduction of common law system and institutions

in India and its impact of further development of law and

legal Institutions in India.





2.4 Freedom of religion and non- discrimination on the

basis of religion.



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3.1 Language as a divisive factor: Formation of

linguistic states.


3.3 Language policy and the constitution: Official

Language: multi-language system.





4.3 Acceptance of caste as a factor to undo past

injustices.

4.4 Protective-discrimination: Scheduled castes, tribes

backward classes.

4.5 Reservation; Statutory Commissions, Statutory

provisions.




5.3 Right of movement, residence and business;

impermissibility of state of region berries

5.4 Equality and in matters of employment: the slogan

“Sons of the Soil” and its practice.

5.5 Admission to education institutions: preference to

residents of state.





6.4 Empowerment of women: Constitutional and other

legal provisions.


7.1 Child labour.





8.1 Modernisation as a value: Constitutional

Perspectives reflected in the fundamental duties.



8.2.2 Agrarian reform – Industrialisation of

agriculture.




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8.4.1 Criminal law: plea bargaining;

compounding and payment compensation to

victims.

8.4.2 Civil law: (ADR) Confrontation v.

Confrontation v. consensus; Mediation and

conciliation; Lok adalats.


8.5 Democratic decentralization and local self-

governments.


9.1 The jurisprudence of Sarvodaya- Gandhiji, vinoba

bhave; Jayaprakash Narayan; Surrender of decoits;

consept of grama nyanalayas.

9.2 Socialist thought on law and justice; an enquiry

through constitutional debate on the right to

property.


9.4 Naxalite movements: causes and cure. Reference Books − Marc Galanter (ed.):Law and Society in Modern India

(1997) Oxford.

− Robert Lingat : The Classical Law of India (1998), Oxford.

− U. Baxi:The Crisis of the Indian Legal System (1992),

Vikas, New Delhi.

− U. Baxi (ed.):Law and Poverty Critical Essays (1988),

Tripathi, Bombay.

: Towards Sociology of Law, 1986,

Satvahan

: Human Rights in Post Human World

2007, Oxford

− Manushi: A Journal about Human and Society.

− Duncan Derret: The State, Religion and Law of India

(1999), Oxford University Press, New Delhi.

− H.M. seevai: Constitutional Law of India (1996), Tripathi.

− D.D. Basu: Shorter Constitution of India (1996) Prentice-

Hall of India (P) Ltd. New Delhi.

− Sunil Deshta and kiran Deshta : Law and Menace of Child

Labour (2000) Anmol Publication, Delhi.

− Savitri Goonasekhare:Children, Law and Justice (1997)

Sage.

− Indian Law Institute:Law and Social Change: Indo-

American Reflections, Tripathi(1998).

− J.B. Kripalani : Gandhi: His Life and Though (1970)

Ministry of Information and Broadcasting Government of

India,

− Agnes, Flavia:Law and Gender inequality: The Politics of

Women’s Rights in India (1999) Oxford.

− P Ishwara Bhat : Law And Social Transformation, Eastern

of 71

− Amarya Sen : Identity and Violence : The Illusion of Destiny

(2005)

: Development as Freedom (2000)

Oxford

− Andre Batille : Antomies of Society, Oxford

− A.R. Desai : Rural Sociology in India, Popular

: Social Background of Indian

Nationalism, Popular

− B.A. Masodkar : Society, State and The Law, N.M. Tripathi

− Bhikhu Parekh : Rethinking Multiculturalism, Palgrave

M’ç Millan

: Colonialism, Tradition and Reform:

An Analysis of Gandhi’s Political Discourse, Sage

− Biplab Das Gupta : The Naxalite Movement, Allied

Publishers

− B.K. Sinha and Pushpendra (Eds.):Land Reforms in India:

An Unfinished Agenda Sage.

− B.R. Ambedkar:Need for Checks and Balances: Articles on



− Catherine Mackinnon:Feminism Unmodified:Discourses on

Life and Law, 1987, Harvard.

: Towards Feminist Theory of

State 1989, Harvard

− W. Friedman : Law in a changing Society 1996, University

Book House

− Veena Das (ed.) : Sociology and Social Anthropology, 2003,

Oxford

− V.D. Maharajan : Ancient India 1970, Chand

− V.R. Verma : The Political Philosophy of Mahatma

Gandhi and Sarvodaya

− V.R. Krishna Iyer:Law and Life, 1979, Vikas.

− Girish Agarwal and Colin Gonsalves: Dalits and the Law,

2005, Human Rights Law Network, New Delhi.


Study and Assignment Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

of 71


Course Code: 1905090103020001


Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to conduct a systematic study of

the concept of justice and its various theoretical foundations.

This paper, therefore, intends to familiarize the students



Course Objective This paper, therefore, intends to familiarize the students



Course Outcome CO1: To understand the hierarchy of judiciary under the

Indian Constitution

CO2: To know about the nature of judicial process and learn

about the principles of statutory interpretation.

CO3: To understand the role of judges and judiciary in

pursuit of judicial process in India

CO4: To learn about the concept of Justice and its

interrelationship with Law.



CO1

CO2

CO3

CO4


1.1 Supreme Court – Establishment and

constitution – Appointment and Removal of

Judge – Court of Record – Jurisdiction –

Original, Exclusive, Appellate – Special

Leave – Advisory Jurisdiction –

Interpretation of the Constitution. Supreme

Court as a political institution. The Supreme

Court’s approach to the question of

determination of its own jurisdiction Article-

32, Article-136

1.2 High Courts – Courts of Record –

Constitution of high courts – Appointment,

Transfer and Removal – Jurisdiction – power

to issue writs and other powers

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1.3 Subordinate judiciary – Appointment of

district judges – control over subordinate

courts – other courts

1.4 Court system in India: backlogs, arrears,

alternatives Lok Adalats, Public Interest

Litigations.

1.5 Stare decisis – the Doctrine, techniques –

Supreme Court’s authority to over – rule its

own decision – Advisory Jurisdiction and its

Import on Precedent; Prospective Over –

ruling in India;


2.1 Judicial process as an instrument of social

ordering

2.2 Judicial process and creativity in law-

common law model-Legal Reasoning and

Growth of law-change and stability.

2.3 The tools and Techniques of judicial

creativity and precedent.

2.4 Legal development and creativity through

legal reasoning under statutory and codified

systems.

2.5 Statutory interpretation as aspects of judicial

process – rules of statutory interpretation;

Legalism and Rule of literal interpretation;

Creativity: Mischief and Golden Rule; Self

Discipline and Rules of Construction in fiscal

and Criminal Statutes; Technically: Rules as

to necessary and implied repeal; Rules for

interpretation of codifying, consolidating and

amending statutes; Values and Interpretation.

3. Special Dimensions of Judicial Process in

Constitutional Adjudications.

3.1 Notions of and nature and objection to

judicial review – Articles-32, 222, 227 –

Constitutional basis for judicial review

3.2 Constitutional interpretation – ways in which

it differs from statutory interpretation –

Literal Construction, Harmonious

Construction, Reference to Constituent

Assembly Debates; Doctrine of Pith and

Substance; Occupied Field; Residuary

Power; Approaches to interpretation of

repugnancy; Approaches to Interpretation of

Amending Power; Directive Principles as

canons of constitutional interpretation.

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3.3 ‘Role’ in constitutional adjudication-various

theories of judicial role.

3.4 Tools and techniques in policy-making and

creativity in constitutional adjudication.

3.5 varieties of judicial and juristic activism,

judicial and juristic restraint

3.6 Problems of accountability and judicial law-

making.


4.1 Indian debate on the role of judges and on the

notion of judicial review.

4.2 The ‘Independence’ of judiciary and the

‘political’ nature of judicial process.

4.3 Judicial activism and creativity of the

Supreme Court-the tools and techniques of

creativity.

4.4 Judicial process in pursuit of constitutional

goals and values – new dimensions of

judicial activismand structural challenges.

4.5 Institutional liability of courts and judicial

activism-scope and limits.


5.1 The concept of justice or Dharma in Indian

thought

5.2 Dharma as the foundation of legal ordering

in Indian thought.

5.3 The Concept and various theories of justice

in the western thought.

5.4 Various theoretical bases of justice: the

liberal contractual tradition, the liberal

utilitarian tradition and the liberal moral

tradition.


6.1 equivalence Theories – Justice as nothing

more than the positive law of the stronger

class

6.2 Dependency theories – For its realization

justice depends on law, but justice is not the

same as law.

6.3 The Independence of justice theories – means

to end-relationship of law and justice – The

relationship in the context of the Indian

constitutional ordering.

6.4 Analysis of selected cases of the Supreme

Court where the judicial process can be seen

as influenced by theories of justice.

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Reference Books − Julius Stone : The Province and Function of Law, Part II,

Chs. 1.8-16(2000), Universal, New Delhi

− : Social Dimension of Law and Justice,

Universal.

− Cardozo : The nature of Judicial Process (1995) Universal,

New Delhi

− : The Growth of Law, Universal

− Henry J. Abraham: The Judicial Process (1996), Oxford.

− J.Stone : Precedent and the Law: Dynamics of Common

Law Growth (1985) Butterworths.

− W. Friedmann : Legal Theory (1960), Stevens, London.

− Bodenheimer : Jurisprudence – the Philosophy and

Method of the Law (1997), Universal, Delhi.

− J.Stone : Legal Systems and Lawyers’ Reasoning (1999),

Universal, Delhi

− Rajeev Dhavan : The Supreme Court of India – A Socio-

legal Critique of the Juristic Techniques (1977), Tripathi,

Bombay.

− John Rawl : A Theory of Justice (2000), Universal, Delhi.

− Edward H. Levi : An Introduction to Legal Reasoning

(1970), University of Chicago.

− G.P. Singh : Select Judgments (2012) Lexis Nexis,

Butterworths Wadhwa

− S.K. Verma and Kusum : Fifth Years of The Supreme

Court of India – Its Grasp and Reach (2009) Oxford.

− Rajeev Bhargava, Michael Dusehe and Helmut Reifeld :

Justice, Political, Social, Juridical 2008, Sage.

− S.P. Sathe : Judicial Activism in India, Oxford

− : Constitutional Amendments 1950-1988

Law and Politics, Tripathi

− S.P. Sathe and Sathya Narayan : Liberty, Equality and

Justice; Struggles for New Social order, 2003.

− U. Baxi : ‘Introduction to Justice’ in K.K. Mathew’s ;

Democracy Equality and Freedom (1978)

− : The Indian Supreme Court and Politics

(1980)

− : Courage, Craft and Contension : The Indian

Supreme Court in the mid-eighties (1985)



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

of 71

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103030003: Human Rights and Criminal Justice System

Course Code: 1905090103030003

Course Title Human Rights and Criminal Justice System

Credit 4

Teaching per week 4



Purpose of the Paper The present course content is intended to examine the

criminal justice system from human rights perspective. The

course content covers important relevant legal provisions,

stages of the system, rights of accused persons, important

issues of human rights violation, roles of various agencies or

authorities including the judiciary, suggested reforms etc.

Course Objective The course objective is to gain knowledge about the

important relevant legal provisions, stages of the system,

rights of accused persons, important issues of human rights

violation, roles of various agencies or authorities including

the judiciary, suggested reforms etc.

Course Outcome CO1:Explain the concept of criminal liability in offences

involving human rights

CO2: Define freedom from torture

CO3: Describe human rights issues in police atrocities and

accountability

CO4: Identify human rights norms in criminal procedure on

production of accused before Magistrate at national and

international level

CO5: Explain the rights of inmates of prison and custodial

homes



CO1

CO2

CO3

CO4

CO5

Course Content 1. International and regional relevant legal provisions

• Universal Declaration of Human Rights- Art.3,5 & 7

to 10

• UN Standard Minimum Rules for the Administration

of Juvenile Justice ( The Beijing Rules )

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• A Manual of Human Rights for Judges, Prosecutors

and Lawyers

• The European Code of Police Ethics

• Constitution of India – Art. 19 to 22, 32 & 226, 39A

• Protection of Human Rights Act 1996, Legal

Services Authorities Act 1986

• Relevant Provisions of Cr. P.C., Indian Police Act

and Bombay Police Act, Prisons Act, TADA

• & POTA, Juvenile Justice Act

2. Criminal Justice System

• Introduction and Historical development

• Basic Principles, Practices, Purposes

• Stages- Investigation, Prosecution, Punishment,

Execution,

• Theories of Punishment

3. Issues of Human Rights Violation

Non registration of cases, inhumance treatment with

victims of crimes, terrorism, unjustifiable arrest and

detention, custodial torture, rape, death, delay in trial,

improper treatment in jails, issues of food, air, light,

violation of Jail Manual

4. Rights of accused, women, Delinquents, Under trial

prisoners

Right to Bail, Right against Handcuffing, Right against

torture and custodial violence, Right against self-

incrimination, Right against Double jeopardy and

retrospective punishment, Right to fair and speedy trial,

Right to Free Legal Aid, Parole, problem etc.

5. Roles of Agencies involved in Criminal Justice

System

Legislators, victims of crimes, accused, police,

prosecutors, experts of forensic science, judiciary,

Lawyers, witnesses, prison authorities, Remand homes,

Reformatory schools, human rights activists etc.

6. Reforms

• Reports of National Police Commissions

• Justice Malimath Committee Report

• National Human Rights Commission

Reference Books Select Bibliography

− Human Rights and Criminal Justice 3rd edition (2012) Sweet

& Maxwell

− Human Rights and Criminal Justice Administration in India

(2002) Uppal Publication

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− Human Rights, a Judge’s Miscellany (1995) By V.R. Krishna

Iyer B. R. Publishing Corporation

− European Judicial Systems (2010) By Directorate Council of

Europe

− The European Code of Police Ethics (2002)

− Professional Training Series No. 9 Human Rights in the

Administration of Justice- A Manual of Human Rights for

Judges, Prosecutors and Lawyers UN. Publication (2003)

New York Geneva

Articles

− Thoughts on Human Rights and Criminal Justice System By

Justice M.G. Mukharji

www.indiankanoon.org/doc/6213

− Violation of UDHR in Criminal Justice System Legal

Services in India

www.legalservicesindia.com/articles

− Criminal Justice in England and Wales

www.public-admin.co.uk/sem/cri

− Human Rights vis-a-vis criminal justice system By Justice

S.B. Sinha

− Miachel R. Anderson and Sumit Guha: Changing concepts of

rights and justice in South Asia (2006)OUP Delhi

− Jaiswal Jaishree : Human Rights of accused and juveniles

Delinquent in conflict and Law (2005) Kalpaz Delhi

− Thkur L.K. : Essentials of POTO and Other Human Rights

Laws (2002) Auther Press New Delhi

− Subramaniam K.S. : Political violence and the Police in India

(2007) Sage Publication

− P. Madhava Soma Sundaram, K.Jaishankar: Crime victims

and justice : An introduction to retrospective principles

(2008) serial Publications New Delhi

− South Asia Human Rights Documentation Centre: Handbook

of human rights and criminal justice

− in india: the system and procedure (2006) Oxford New Delhi

− Vadackumchery, James : Policing the Police: a nation’s cry

(2003) Kaveri Books New Delhi

− Singh, Deepa : Human Rights and Police Predicament (2002)

The Bright Law House Delhi

− Gautam, Ashwani Kant : Human Rights and Justice System

(2001) APH New Delhi

− Antony M.J. : Landmark Judgements on Illegal Custody and

Police Torture (2001) ISI New Delhi

− Kalpana Kannabiran Ranbir: Challenging the rule(s) of law:

colonialism, Criminology and human rights in India (2008)

Sage publication



http://www.indiankanoon.org/doc/6213

http://www.legalservicesindia.com/articles

http://www.public-admin.co.uk/sem/cri

of 71

Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103040003: Disadvantaged Groups and Human Rights

Course Code: 1905090103040003

Course Title Disadvantaged Groups and Human Rights

Credit 4

Teaching per week 4



Purpose of the Paper To understand the disadvantaged groups, their issues, the

agencies involved in solution of their issues, relevant legal

provisions, policies and programmes at regional and global

level.

Course Objective The focus of the present course content is on understanding

disadvantaged groups, their issues, the agencies involved in

solution of their issues, relevant legal provisions, policies

and programmes at regional and global level.

Course Outcome CO1: Identify social taboos regarding the disabled persons

CO2: Explain the rights of disabled persons under the

Indian legal system

CO3: Analyze human rights perspective on Persons with

Disabilities (Equal opportunities, Protection of Rights and

Full Participation) Act

CO4: Describe the rules relating to detection of the disabled

person in psychiatric hospitals under the Mental Health Act

CO5: Draw the importance of the UN Declaration on the

Rights of the Disabled Persons



CO1

CO2

CO3

CO4

CO5

Course Content 1. Disadvantaged Groups-

• Socially Disadvantaged groups- Schedule Caste,

Schedule Tribe, Other Backward class, Minorities

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• Migrated people, Refugees

• Physical and mental ill persons

• Economically backward class

2. Legal safe guards at International, national and

regional level

• Convention on All Forms of Racial Discrimination

1965

• UN Declaration on Elimination of All Forms of

Intolerance and Discrimination based on Religion or

Belief 1987

• UNESCO Declaration on Race and Racial Prejudice

1978

• Constitution of India-Art. 14, 15(4), 16(4), 17, 29,

30, 46, 330, 335, 340, 341, 350(B)

• Special Legislation for schedule caste and schedule

tribes, minorities, physical and mental Disabilities

Policies and Programmes

3. Issues of Disadvantaged Groups

• Education and Literacy

• Employment

• Health and Family Welfare

• Social Justice and Empowerment

4. Institutions

• UNO, UNESCO

• National Human Rights Commission

• National Commission for SC and ST

• National Commission for Minorities

• Planning commission of India

• Five Apex Financial Institutions- National Schedule

Caste and Schedule Tribe Financial Development

Corporation, National Minority Development and

Financial Corporation, National Backward Class

Financial and Development Corporation, National

Safai Karmachari Financial and Development

Corporation and State SCDCs

Reference Books − Pune Uni. Human Rights of Vulnerable and

Disadvantaged Groups Course Book II

( www.unipune.ac.in/pdf-file )

− Reports of 10th and 11th Planning Commission

(plan.unesco.org)

− A.R.Chapman: Human Rights Protection for Vulnerable

and Disadvantaged Groups (2011)

− Aman Gupta: Human Rights of Indigenous people

(2005) Isha Books Delhi

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− Thomas Jhon K : Human Rights of Tribals (2005) Isha

Books Delhi

− Shri Krishna S.: Dalits and Human Rights(2007) Serial

Publication Delhi

− Das J.K. : Human Rights of Indigenous People (2001)

APH New Delhi

− Devnathan, : Globalization and Indigenous People in

Asia: Changing the global local interface(2004)

− Govind Kolkar Sage Publication New Delhi

− Singh Avadhesh: Rights of the Disabled: perspective,

Legal Protection and Issues (2008) Serial Publication,

New Delhi

− Antony, M.J. : Dalit Rights: Landmark Judgmentson

SC/ST/OBC (2000) ISI New Delhi



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103050003: Environmental Law, Policy, Human Rights and Duties

Course Code: 1905090103050003

Course Title Environmental Law, Policy, Human Rights and Duties

Credit 4

Teaching per week 4



Purpose of the Paper The purpose of this paper is to know about the

interrelationship between environment, government

policies, human rights and its corresponding duties.

Course Objective The present course content is intended to examine

environment related issues, laws and policies from human

rights perspective. An attempt has been made to cover

concerned international and regional instruments, agencies,

policies, environment related human rights etc.

Course Outcome CO1: Describe right to clean environment as human right

CO2: Distinguish between polluter pays principle,

precautionary principle and public trust doctrine.

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CO3: Explain the meaning and concept of sustainable

development

CO4: Analyse the prospect of inter-generational rights

CO5: Identify environmental protection measures under

Environment (Protection Act)

CO6: Describe the message of Stockholm Conference, Rio

de Janeiro Conference, and Johannesburg Conference.



CO1

CO2

CO3

CO4

CO5

CO6

Course Content 1. Important Environment related Global Conventions

• Stockholm Declaration 1972

• Convention on Environment Impact Assessment in a

trans-boundary context 1991

• Framework Convention on Climate Change

(UNFCCC) 1997

• Convention on Access to Information, Public

Participation in Decision Making and Access to

Justice in Environmental matters, 1998

• Conventions on fresh water resources

• Conventions on Hazardous substances

• Conventions on Marine Environment

• Conventions on Biological Diversity

• Conventions on Nuclear Safety

• World Summit on Sustainable Development

2. Human Rights having the nexus with Environment

Right to Life, Right to Health, Right to hygienic and

sufficient Food and water, Right to Housing Facilities

and traditional livelihood, Right to Information, Right to

Public Participation in Decision Making and Access

to Justice, Right to rehabilitation.

3. Environment related Issues

Air pollution, Water pollution, Noise pollution, Global

warming and climate change, Deforestation, soil

Degradation, Nuclear safety, E-waste

4. Legal Framework

• History of International Environment Law

• Constitution of India, Environment, related specific

legislations, case laws

5. Institutions involved

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• Un Office of High Commissioner for Human Rights

• Asia Pacific Forum

• Un Environment Programme (UNEP)

• Worldwide Fund for Nature

• International Union for Conservation of Nature &

Natural Resources

• Earth System Governance Project

• Global Environment Facility

• Inter-Governmental Panel on Climate Change

• Central and State Pollution Control Boards

• Centre for Science and Environment

• Foundation for Ecological Security

6. Right to Environment related Measures

Sustainable Development, Polluter Pay Principle,

Preservation of Natural sources, Maximum use of

Natural sources like wind and solar energy, Recycling

System, use of alternatives of pesticides and chemical

fertilizers, Disaster Management

Reference Books − Ed. Romina Picolotti, Jorge Danial, Taillant : Linking Human

Rights and The Environment

− Dr. Anton DL Shelton : Environment Protection and Human

Rights (2011) Cambridge

− Anuradha : Human Rights and Sustainable Development

(2006) Sarup Publication, New Delhi

− Kanmony J. Cyril : Human Rights and Health Care (2009)

Mittal Publication, New Delhi

− Tapan Biswal : Human Rights Gender and Environment

Websites

− International Human Rights and Environment

https://unu.edu

− Sustainable Development and Natural Resources

− www.2.ohcho.org/4.htm

− Human Rights and The Environment : The National

Experience of South Asia and Africa

(Joint Seminar UNEP and OHCHR)

− Freedman: Human Rights: An Interdisciplinary approach

(2008) Oxford

− Mallick, Ross: Development, ethnicity and human rights in

South Asia (1998) Sage, New Delhi



Evaluation Method

Component Marks

https://unu.edu/

http://www.2.ohcho.org/4.htm

of 71


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

Course: 1905090103060003

Human Rights and Issues of Poverty, Accountability, Governance and Development

Course Code: 1905090103060003

Course Title Human Rights and Issues of Poverty, Accountability,

Governance and Development

Credit 4

Teaching per week 4

Minimum Weeks per

Semester

15


Purpose of the Paper The purpose of this paper is to know and analyse the

influence of poverty, accountability, governance and

development upon the effective implementation of human

rights.

Course Objective The Present course content draws the attention towards the

obstacles on the path of effective implementation and

protection of human rights. Corruption, negligence towards

duties, lake of required skills are root causes of human rights

violations. Hence an attempt has been made to examine these

issues at national and universal level.

Course Outcome CO1: Explain theoretical approaches to societal problems

and human rights

CO2: Describe casteism as a form of human rights abuse

CO3: Analyze poverty and unemployment affecting human

rights in the society

CO4: Recognize the adverse effect of corruption as

economic issue on promotion and protection of human rights

CO5: Identify problems of hierarchy impacting upon

discrimination and inequality.



CO1

CO2

CO3

CO4

CO5

Course Content 1. International Instruments

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• UDHR 1948

• UN General Assembly Declaration on the Right and

Responsibility of Individuals, Group and organs of

Society to Promote and Protect Universally

Recognized Human Rights and Fundamental

Freedom 1999

• UNESCO Declaration on the responsibilities of the

Present generations towards Future generations 1997

• International Covenant of Economic, Social and

Cultural rights 1966

• UN General Assembly Resolution on Legal

Empowerment of the and Eradication of Poverty

2009

2. Issue of Poverty

UND Programme, Role of World Bank and IMF,

Guaranteed Annual Income, Right to Adequate Housing,

Mahatma Gandhi NAREGA, Employment Exchange

Scheme, Madhyanh Bhojan Yojana Below Poverty Line

Scheme

3. Accountability

Parliamentary accountability, Corporate accountability,

Police accountability, Accountability of Health sector,

Public accountability for violation of human rights.

4. Governance

Global, National and regional Governance, Panchayati

raj, Good Governance Perspective, Role of Judiciary in

Good Governance, Right to Information Act, Anti-

corruption laws, Training Programmes, Strengthening

Democratic Institution, Improving service delivery, Rule

of law, Combating Corruption.

5. Development

Human rights Perspective Right to Equality-

Constitutional Law, Social Justice, socio-economic

development, sustainable development, Asian center for

the progress of people Center for Development and

Human rights Delhi.

Reference Books − S.N Chaudhary: human Rights and Poverty in India(2005)

books.google.com

− Adam Shinar: Accountability for the Indian Police(2007)

− Accountability mechanism and the Supreme Court

(indiagovernance.gov.in/files/police- reform.pdf

− Mechanism For poverty Reduction and Inequality (Asian

center for the Progress of the People)

− Article by Dr. R.B. Dubey; Poverty and Human rights in india

(Central India Law Quarterly

− Accountability in Health Sector: Regional, National and

International Mechanism (Universal Periodic Review

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− Article by Dr. Paramjit Jaswal: Public Accountability for

Violation of Human Rights and Judicial Activism in India

(Published in the Practical lawter (2006) 3scc(Jou)6

www.ebc.india.com

− Article by Justice Y.K. Sabharwal: Role of Judiciary in Good

Governance

− Supremecourtofindia.nic.in/speech/2006/goodgovernance.pdf

− Good Governance Practices for the the Protection of Human

Right (2007) (office of the UN High Commissioner for Human

Rights) www.ohchr.org/documet/goodgovernance.pdf

− National Human Rights Institutions: Good Governance

Perspectives- Institutionalization of Human right (2003)

American Uni. International law Review vil.19 Issue2

− Human Rights development: india 2010 (Amnesty

International)

− Edi. Philip Alston & Mary Robinson: Human rights and

development:: Towards Mutual Reinforcement (oxford Uni.

Press)

− Vineet Kapoor: Human Rights based Approach to

Development and People.s Empowerment Through

Participatory Governance: A Critical Examination of

Panchayati Raj Institution in India

− www2.ise.ac.uk/hr/articles and transcript.pdf

− Manoj Sinha: Global Governance, Human Rights and

Development (bookshopofindia.com)

− OUNHC:Good governance practices for the Protection of

Human Rights

− www.ohchr.org/doc/pub/goodgovernance.pdf

− World Report: 2012: India

− www.hr.org/w.r.2012

− P.M. katare and B.C. barik: Development, Deprivation and

human rights violation (2002) Rawat publication New Delhi

− Kanmony, J. Cyril: Human Rights and Health care (2009)

Mittal publication New Delhi

− I.SA. Baud, J.De Wit: New Frms of urban governance in

India: shifts models, networks and contestations (2009) SAGE

Pub. New Delhi.



Evaluation Method

Component Marks


Assignment)

10

Attendance 05

Internal Exam 15

External Exam 70

Total 100

http://www.ebc.india.com/

http://www.ohchr.org/documet/goodgovernance.pdf

http://www.ohchr.org/doc/pub/goodgovernance.pdf

http://www.hr.org/w.r.2012

of 71

Semester 4


per week

Cours

e

Credit

University

Examination

Inte

rnal

Mar

ks

Tota

l

Mar

ks The

ory

Pra

ctic

al

Durati

on

Marks


t Work - - 16 - - - 100

2005090104020001

Dissertation

and Submission

of Thesis

- - 8 - - - 200


Course Code: 2005090104010001


Credit 16

Teaching per week -





















CO1

CO2

CO3

CO4

CO5

CO6

Course Content -

Reference Books -

of 71


Evaluation Method

Component Marks




teaching)

100

Total 100


Course Code: 005090104020001


Credit 8

Teaching per week -





















CO1

CO2

CO3

CO4

CO5

CO6

Course Content -

Reference Books -


of 71

Evaluation Method

Component Marks

Thesis 140

Viva 60

Total 200

Master of Laws (Business Law Group) - VNSGU

Documents

Transcript of Master of Laws (Business Law Group) - VNSGU