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ISSN 0975-8208 A S P I R E T R U T H I S G O D Army Institute Of Law JOURNAL Volume XI 2018 Vol. XI, 2018 Army Institute of Law Journal Refereed Journal ARMY INSTITUTE OF LAW JOURNAL Vol. XI, 2018 (ISSN: 0975-8208) Registration No. PUNENG/2007/25057 PATRON Maj. Gen. M.L. Aswal MG AOC & Chairman, Army Institute of Law EDITOR-IN-CHIEF Dr. Tejinder Kaur Officiating Principal, Army Institute of Law EDITOR Dr. Ajaymeet Singh Assistant Professor of Law Army Institute of Law STUDENT EDITORS Mr. Adhiraj Bhandari Ms. Aneet Kaur Disclaimer: The views expressed in the Articles and all other contributions to the “AIL Journal 2018” singularly belong to the individual authors and do not belong to the Editorial Board or the Army Institute of Law. No part of this publication may be reproduced or transmitted in any form by any means, or stored in any system of any nature without prior permission. Applications for permission to use the material shall be made to the publisher. Although every care has been taken to avoid errors or omissions, this journal is being sold on the condition that information given in this journal is merely for reference and must not be taken as having authority or binding in any way on the authors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, for the result of any action taken on the basis of this work. Copyright © 2018 The Army Institute of Law, Mohali, Punjab. All rights reserved. ArmyArmy InstituteInstitute Ofof LawLaw JOURNALJournal A S P I R E Army Institute of Law Sector 68, Mohali Contents 1. Aircraft Hijacking and the Law: A Critique of India’s Anti Hijack Policy 1-14 With Special Reference to the Anti Hijacking Act, 2016 Dr. Ajaymeet Singh & Mr. Adhiraj Bhandari 2. Regulating Bitcoins in India and United States of America: 15-31 Need For Legal Innovation Mr. Amrit Subhadarsi 3. The Sexual Harassment of Women at Workplace (Prevention, 32-42 Prohibition and Redressal) Act, 2013: A Critical Analysis Mrs. Amrita Rathi 4. A Perusal of Right to Privacy in the Light of K.S. Puttaswamy vs. 43-53 Union of India Dr. Arvindeka Chaudhary & Ms. Aneet Kaur 5. Eve Teasing vis-a-vis Sexual Harassment: Changing Dimensions 54-68 and Legal Contours Dr. Babita Devi & Mr. Deepak Thakur 6. Patentability of Biotechnological Inventions in India: A Review 69-86 Dr. Charanjiv Singh & Ms. Nirmal Kaur 7. Role of Information, Communication and Mobile Technologies in 87-100 Achieving Sustainable Agriculture and Empowering Farmers Ms. Jasleen Kaur 8. Transforming Legal Aid Through Technology: A Step Towards Equal 101-110 Access to Justice Dr. Jasneet Kaur Walia & Ms. Tanmeet Kaur Sahiwal 9. Role of ICT’s and the Internet in Rural Economic Development 111-125 Administration in India: A Legal Study Dr. Jyoti Rattan 10. Scoping the Definition of Mental Illness for the Purpose of the Mental 126-136 Healthcare Law Mrs. Kirandeep Kaur 11. Violence Against Women with Intellectual Disabilities in India: 137-154 A Human Rights Approach Ms. Nidhi Sharma 12. Critical Evaluation of the Narcotic Drugs and Psychotropic Substances 155-162 Act, 1985 Prof. (Dr.) Paramjeet Singh & Ms. Jasbir Kaur 13. Principle of Protective Jurisdiction Under International Law: An Analysis 163-171 Mrs. Pooja Devi Thakur 14. New Dimensions of Clinical Legal Education in India 172-184 Ms. Puja Banshtu 15. Juvenile Justice and Rights of Children: Changing Trends in India 185-200 Dr. Puja Jaiswal & Mr. Vaibhav Latiyan 16. Parallel Imports Under the Trademark Law in India 201-214 Mrs. Ramneek Kaur 17. Emerging Horizons of Right to Privacy as a Part of Right to Life 215-229 Prof. (Dr.) Rattan Singh & Ms. Shikha Dhiman 18. Cryonic Preservation of Human Beings: Ethical and Legal Implications 230-246 Prof. (Dr.) Shalini Marwaha & Ms. Supreet Gill 19. Role of Competition Regime in Achieving Sustainable Development 247-260 Ms. Shreya Srivastava AIL Students’ Section 20. The Child of the New Millenium: A Law That Allows Children to be Used 261-270 as a Source of Money Mr. Abhishek Mishra 21. Age is Just a State of Mind: Expanding the Definition of Child Under the 271-281 POCSO Act, 2012, to Include Mental and Functional Age Ms. Fury Jain 22. Classroom 2.0: Sparing the Rod vis a vis Constructive Child Discipline 282-299 Mr. Gaurav Hooda Vol. XI, 2018 1 Army Institute of Law Journal AIRCRAFT HIJACKING AND THE LAW: A CRITIQUE OF INDIA’S ANTI HIJACK POLICY WITH SPECIAL REFERENCE TO THE ANTI HIJACKING ACT, 2016 Dr. Ajaymeet Singh* Mr. Adhiraj Bhandari** “Once you have tasted flight, you will forever walk the Earth with your eyes turned skyward, for there you have been, and there you will always long to return.” -Leonardo Da Vinci1 Introduction Unlawful seizure of an aircraft, or hijacking as it is more commonly known, has been a long standing threat to security of passengers in civil aviation. It was in the late 60’s and early 70’s when the instances of hijacking increased significantly, that the request was made by several countries to have a specific convention to address this issue. This process began in September 1968, when the sixteenth assembly of the International Civil Aviation Organization (ICAO), requested the Council of ICAO to initiate a study on measures to cope with the problem of hijacking of aircraft, at the earliest possible date. As images of hijacked aircrafts crashing into the iconic World Trade Centre flashed across news channels, on September 11, 2001, Governments across the world were eager to decide a course of action that would help them prevent such threats from materializing and combating them, if they arose again. To counter the growing threat of global terrorism, the aggressive War on Terror led by the United States of America in the aftermath of the 9/11 attacks brought about a paradigm shift in the way the world and the aviation sector specifically perceived and chose to combat emerging threats, especially hijacked civil aircrafts, which might be used as weapons of mass destruction.2 In India, the Cabinet Committee on Security (CCS) in 2005 also adopted the “No Negotiation Policy” as a course of action in the event of the hijacking of aircrafts. The Anti Hijacking Act was enacted in * Assistant Professor of Law, Army Institute of Law, Mohali, Punjab. ** B.A.,LL.B. 4th Year Student, Army Institute of Law, Mohali, Punjab. 1 L e o n a r d o D a Vi n c i , F a m o u s Av i a t i o n Q u o t e s , P I N T E R E S T ( A u g . 2 2 , 2 0 1 7 ) , https://www.pinterest.com/pin/386113368034186740/. 2 Hardeep Singh, Constitutionality of India’s Anti Hijack Policy 69-79 CURRENT DEVELOPMENTS IN AIR AND SPACE LAW (National Law University, Delhi) (2012). Vol. XI, 2018 2 Army Institute of Law Journal 2016, which came into force on July 5, 2017.3 Brief History of Aircraft Hijacking In general terms, Aircraft Hijacking is defined as the seizing of control of an aircraft for purposes other than flying to the original destination. There have been instances of self-hijacking in which a commercial airline pilot has seized his craft to take it somewhere other than its scheduled destination. Air hijackings are typically although not universally, politically motivated. The first recorded air hijacking took place on February 21, 1931 in Arequipa, Peru. Armed revolutionaries approached American pilot Byron Rickards and tried unsuccessfully, to force him to fly them to their destination. Initially, Rickards refused to do so. However, when the revolutionaries’ uprising was successful on March 2, 1931, he was allowed to go back, but was ordered to fly one of the members of the revolutionaries to Lima, Peru. Although this was not a hijacking in the meaning of the term as it is understood today, it is argued that this was the first hijacking as it led to an unauthorized seizure and use of an aircraft.4 A successful air hijacking appears to consist of the following components: the aircraft, hijackers with the will to carry out the hijacking, a crew that can be convinced of the hijackers’ ability and willingness to carry out their threats, and a friendly destination. After the first hijacking in 1931, there were relatively few hijackings until World War II. Aircraft hijacking can be divided into five distinct periods: 1931 to 1957, 1958 to 1967, 1968 to 1980, 1980 to 2001, and 2001 to the present. From 1931 to 1957, a period of 27 years, there were fewer than 20 hijackings worldwide. Several of these were in Eastern Europe by people attempting to flee from Soviet rule there. The year 1958 marked the first hijacking of a plane from Cuba to another destination in an attempt by some Cubans to flee Fidel Castro’s rule. The U.S. government openly or tacitly welcomed these hijackings and its official reaction to hijackings from Cuba to the United States was imprudent. These initial hijackings from Cuba were followed, starting in 1961, by hijackings to Cuba. From 3 PTI, India’s Tough Anti Hijacking Law Comes Into Force, THE INDIAN EXPRESS (Oct. 1, 2017), http://indianexpress.com/article/india/indias-tough-anti-hijacking-law-comes-into-force-4739270/. The Anti Hijacking Bill, 2014, to repeal and replace the Anti Hijacking Act of 1982 was introduced in the Rajya Sabha by Civil Aviation Minister Ashok Gajapathi Raju on December 17, 2014. The Bill was passed by Rajya Sabha on May 4, 2016 and by Lok Sabha on May 9, 2016.
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