Vol. I, No. 2, July-September 2012 INSIDE EDITORIAL When this Newsletter is going to press, the nation mourns the horrific NEW CJI death of a young student, after she was brutally gang-raped and ACTIVITIES AT THE LAW SCHOOL assaulted in a moving bus in south Delhi recently. This tragic and eye- FORTHCOMING EVENTS opening incident calls for reflection – reflection about laws which have FACULTY UPDATES so far failed to check the frequent incidents of sexual assault on women LEGISLATIVE TRENDS not just in the national capital but also in other parts of the country and reflection about INTERNATIONAL LEGAL NEWS AND EVENTS the society in which we live in. An outraged and shocked nation demands stringent RECENT JUDICIAL DECISIONS punishments for rapists including death penalty in rarest of rare cases at least. But MY EXPERIENCE WITH LEGAL administration of capital punishment is not without problems. Delays in sentencing and AID PROGRAMME OF LAW executions, growing number of death row convicts and inconsistencies in the Supreme SCHOOL Court's own jurisprudence on death penalty call for an informed debate over the necessity of retaining death penalty in the statute books. Furthermore, death penalty shifts the focus away from the real issue to the controversies surrounding the penalty itself. Editorial Committee Social outrage leads to reform; and in the wake of Delhi gang-rape case, one can hope Editor in Chief that some far reaching criminal law reforms await us. But not just the criminal law Professor B.C.Nirmal reform-substantive and procedural but also police and judicial reforms are the need of Head and Dean Managing Editor the hour. These reforms are long overdue and should be put high on agenda. Dr. Ajendra Srivastava Yet we should not live in the illusion that stringent laws can alone bring about the change Executive Editors Dr. Rajnish Kumar Singh we are looking for. There are other ways and which are perhaps more important. Public Shri Raju Majhi monitoring, media exposure, sensitizing the people towards the rights of women and Members children are very important not only in curbing the sexual violence only but also Dr. C. P. Upadhyay empowering the women and other vulnerable sections of the society. Dr. D. K. Mishra Dr. G. P. Sahoo It gives us immense pleasure that despite many pressures, we have been able to Dr. V. K. Pathak complete this issue in time. I express my deep sense of gratitude to those whose have Dr. V. P. Singh extended their help towards publication of this issue. In particular, I owe a special debt of gratitude to my former students namely, Mr. Nitesh Kalara, Miss Pallavi Srivastava and Mr. Rupesh Kumar for significantly contributing to our efforts toward publication of this Published by Newsletter. Last but not least, I am thankful to Mr. Faizan Nasir, and Mr. Abhijit Kumar, LAW SCHOOL students of Law School for providing research support to the editorial team. Banaras Hindu University Varanasi – 221005, India email: [email protected] Telefax : +91-542-2369018 http://www.bhu.ac.in/lawfaculty B. C. Nirmal Hon'ble Mr. Justice Altamas Kabir: New Chief Justice of India Justice Altamas Kabir assumed the charge of the Chief Justice of India on 29th September 2012. On the same day, Justice S.H.Kapadia demitted the office of the Chief Justice. Born on July 19, 1948 in Kolkata, Justice Altamas kabir obtained his LL.B. degree from University of Calcutta. He was made a permanent judge of the Calcutta High Court on 6 August, 1990. Justice Kabir became the acting Chief justice of the Calcutta high Court in January 2005 and was elevated as the Chief Justice of Jharkhand High Court on 1March 2005. He joined the Supreme Court on 9 September 2005. He has also served as the Executive Chairman of the National Legal Services Authority. Law School, BHU offers good wishes and heartiest congratulations to Justice Altamas Kabir, CJI. ACTIVITIES AT THE LAW SCHOOL Faculty of Law on 23rd July, 2012. He to represent the Law School, BHU in 1. Induction Programme for LL.B. I deliberated on how scientific evidence, future national and international Moot Semester Students especially DNA fingerprinting could be Court competitions. A one week long Induction Programme relevant and useful in crime investigation, 5. Inauguration of Newly Built Chanakya was conducted for the newly admitted medical diagnosis, seed- stock Hostel of Law LL.B. Students from 26th July to 1st August identification, sex selection in animals, 2012. Four lecture sessions were maintaining defence records and wild life organized each day on a variety of conservation. Dean and Head Professor subjects including Law, Library B.C. Nirmal initiating the discussion Information, Computer Skills, and Soft focused on the evidentiary value of DNA Skill Development. During the profiling. He also highlighted need of the programme twenty interactive lecture legislation on creating a DNA data base. The newly constructed Chanakya Hostel sessions and two demonstration sessions 3. Lecture by Professor Nariyuki Osano was inaugurated by Dr. Lalji Singh, by the representatives of Westlaw and of Osaka Otani University, Japan Hon'ble Vice-Chancellor on 23rd July, Manupatra were conducted. Various Professor Nariyuki Osano of 2012 at 10:55 A.M. The Hostel comprises areas including Legal Education, Legal Osaka Otani University, Japan 100 two- seated rooms for the students Profession, Law in a Democratic Society, interacted with the faculty of LL.B. and LL.M. Including the Chanakya Law and Management, Sociology of Law, members and the research Hostel now the Faculty of Law has three and Stress Management were covered to scholars of Law School and boys hostels. equip the students with the knowledge delivered a lecture on “Comparison 6. Inter-disciplinary Dialogue Series to th and skill required to pursue the course in between Indian and Japanese Judicial Mark the 150 Birth Anniversary of th Law effectively. Prof. RK Mishra, Prof. MP Systems” on 7 August 2012. He shared Mahamana Singh, Prof. DP Verma, Prof. RK Jha, Prof. his experiences of working in India for his a) Dialogue on “Implementation of the Harikesh Singh, Prof. RP Singh, Prof. MS research work on Panchayati Raj System Right to Education Act” Pandey were among those who delivered in Andhra Pradesh. He spoke on the A Dialogue on the topic “Implementation lectures in the programme. The aspects of judicial activism, political of the Right to Education Act: Problems programme was appreciated by experts question doctrine, pendency of cases in and Challenges” was organized on August and students alike. Dr RK Singh and the courts and the special case of Panchayat 11, 2012. Head and Dean, Prof. B.C. student advisor, Mr Raju Majhi system to compare the working of judicial Nirmal gave the welcome address and conducted this programme under the systems of India and Japan. Professor D.P. introduced the theme of Dialogue. Dr. guidance and supervision of Prof. BC Verma proposed a formal vote of thanks. V.S. Mishra, coordinator of the Nirmal, Head and Dean, Faculty of Law. 4. Intra- Faculty Moot Court Competition programme, presented the substance 2. Special Lecture by Hon'ble Vice- 2012-13 and theme of the RTE Act. The Chancellor distinguished panelists included Prof. G.P. Verma, Prof. Ali Mehdi, other senior faculty members of Law School, Prof. Kalpalata Pandey of MG Kashi Vidyapith, Prof. P.N. Pandey, former Dean, Faculty of Social Sciences, Prof. A.K. Kaul, Law School BHU organized an Intra- Department of Sociology and Dr. Sunil Faculty Moot Court Competition on Kumar Singh, Faculty of Education. Prof. September 8-9, 2012. Nearly 200 M.P. Singh discussed the relevance of the students participated in the competition. Right to Education Act in the light of Dr. Lalji Singh, the Hon'ble Vice- Dr. S.K. Gupta, Dr. M.K. Padhy, Dr. G.P. political economy. Professor David W. Chancellor of BHU delivered a special Sahoo and Dr. V.K. Pathak acted as judges. Tushaus, Visiting Professor in Faculty of lecture on “Science in Witness Box” at the Best thirty students were finally selected Law, shared with the audience the American experiences with regard to towards conservation of the biological 8. Group Level Youth Parliament right to education. Mr. Dhananjay and Mr diversity, including the access and A Group Level Youth Parliament was Ajay, from an NGO, enlightened the sharing of benefits from the use of organised in Law School, BHU under the audience on the practical aspects of the biotechnology. directions of Ministry of Parliamentary law. Prof. Harikesh Singh, former Dean, 5. Current Law Forum Affairs, New Delhi on September 29, Faculty of Education, chaired the On 25 August 2012, Professor David W. 2012. 120 students from different proceeding of the Dialogue. Tushaus, Chairperson, Department of departments/affiliated colleges including b) Dialogue on “Regulation of Media in Criminal Justice & Legal Studies, Missouri Law School participated in the event India: Legal and Policy Issues” Western State University and Fulbright coordinated by Dr. K.M Tripathi. Scholar, BHU delivered a Lecture under the auspices of the Current Law Forum, FORTHCOMING EVENTS Law School, BHU. Dwelling on the subject of 'death penalty in the USA', he · University level Youth Parliament is to be examined the merits of the issues raised organized on 13th October, 2012 as part of th in opposition and support of death celebrations of 150 Birth Anniversary of penalty. He also enlightened the Mahamana Pt. Madan Mohan Malaviya ji. The second Inter-disciplinary Dialogue gathering on some issues central to · Release of the inaugural issue of BHU Law School Newsletter by Hon'ble Vice- was held in the Law School, on capital punishment debate in the US such t h Chancellor, Dr.