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NLUA Law Policy Review Final.Indd NLUA LAW & POLICY REVIEW Volume 3 Number I 2017 Hon’ble Mr. Justice Ajit Singh Prof. (Dr.) J.S.Patil Chief Justice of Gauhati High Court Vice-Chancellor, NLU, As- sam Chancellor, NLU, Assam Patron Chief Patron Editorial Advisory Board Editorial Board Editor Hon’ble Mr. Justice Madan B. Dr.TopiBasar Lokur, Co-Editors Judge, Supreme Court of India Mr. ChiradeepBasak Prof. (Dr.) N. R. Madhav Menon, Assistant Professor of Law IBA-CLE Chair Professor on Ms KasturiGakul Continuing Legal Education, Assistant Professor of Law NLSIU Bangalore Mr HimangshuRanjanNath Prof. (Dr.) Mool Chand Sharma Assistant Professor of Law Professor of Law, University of Delhi Ms Aparajita D. Hazarika Prof. (Dr.) John Philips, Assistant Professor of Law Professor of Law, Dickson Poon School of Law,King’s College London, U.K. Prof. (Dr.) Robert Lee Head of School, Director CPLER, University of Birmingham, U.K Note to Contributors: Editorial correspondence and requisitions should be addressed to the Editor, NLUA Law & Policy Review, National Law University, Assam, Hajo Road, Amingaon, Guwahati–781031, As- sam, for soft copies E-mail:[email protected] or nlualpr@gmail. com Price Rs. 300/- (Rupees three hundred) or US $ 50 (Fifty) Mode of Citation: 3NLUALPR2017<Page No.> Copyright © 2017 NLUA Law & Policy Review. Any reproduction and publication of the material from the text without the prior permission of the publisher is punishable under the Copyright Law. Disclaimer: The views expressed by the contributors are personal and do not in any way represent the opinion of the University. ISSN No: 2455-8672 ( 1 ) ( 2 ) NLUA LAW & POLICY REVIEW Volume 3 Number I 2017 Impact assessment of judicial approach towards Tarun Arora & law on imported food articles in India NeeluMehra Momentum to Mediation - Additional Thrust by Bharti Locating Mediation Clinics in Law Schools Reading Principles of Tribal Customary Laws of Thangzakhup Tomb- Marriage in Private International Law: A critical ing Analysis Violence through Online Fake News and Need for Mohammad Umar Better Legal Regulation Impact of demonetization on the workers of Mo- Ishrat Husain radabad brass industry Impact of IPR on Indian agriculture and farmer: Bheemabai S. Mulage an empirical study of Gulbarga District Child victims of sexual offences: an analytical DebasreeDebnath study of socio-legal measures Policing the police: police accountability in India Eluckiaa A Protection of Traditional Knowledge of India with- SwagataChangmai in the existing framework of Intellectual Property Rights with special reference to the North East- ern states of India Concept of assigning legal identity to natural el- ArbinaDey & Priyam- ements: Tracking recent trends and its implica- bada Datta tions Seeking possibilities of distinction between Nega- Naimitya Sharma tive and Positive Rights From Maestro to Ayyasamy: the Journey of Arbi- Girish Deepak & Al- trability of Fraud mas Shaikh Sustainable Development Goal and Eradication KumariNitu of Poverty: Issues and Challenges The tale of refugee jigsaw puzzle and its missing Ashwin Upreti link: perusing the right of compensation for host states under refugee law Analysis of the Inter-State River Water Disputes KunikaKhera (Amendment) Bill, 2017 Competition Commission of India v. Coordination Vidhi Madaan Chadda Committee of Artists and Technicians of W.B. Film and Television, AIR 2017 SC 1449 ( 3 ) ( 4 ) Message from the Patron It is a matter of proud privilege and immense pleasure for me to in- troduce Vol.3 Number 1 of the NLUA Law and Policy Review to the knowledge loving readers. This law journal is the expression of the quality research in the field of law and policy relevant to the need of society in the present day scenario.In the present day of developed technology and consequent Knowledge explosion it becomes impera- tive to acquire as much knowledge as one can and disseminate it along with one`s own experimentation among the members of the society . The world is moving very fast, the problems are cropping up very swift- ly demanding handling of situations with proper solutions. The law is the vehicle and policy is the means of achieving the social goal. More and more researchers are required to know the minutest detail of the problems, the laws to tackle them and the policy to render effective services to the society. National Law University Assam like any oth- er National Law University in the country attaches great importance and gives due weightage to research based teaching and learning. The students are being trained to indulge in searching social problems, critically evaluate the laws on the point and suggest effective solutions through workable policies, so as to make the legal education socially relevant and inspiring.NLUA Law and Policy Review is the harbinger of promotion of quality research. It has evinced wide appreciation and high commendation in the legal circle and has made its presence felt in the most reputed libraries throughout the country. The present issue is in continuation of the earlier issues of this bi-an- nual faculty run peer reviewed journal expressing multi-disciplinaryas well as inter disciplinary approaches justifying the testimony that law is the lawyer’s extroversion. It covers most timely and socially relevant articles with a number of positive suggestions. It contains the contribu- tion of articles from academia as well as the students on social issues in general and the issue of north east tribal communities in particular. The journal is the outcome of constant vigil, untiring efforts, imagina- tive vision and great zeal and mission of the Editorial Board and Fac- ultyadvisors for which they all deserve congratulations. Prof. (Dr.) J.S. Patil Vice-Chancellor National Law University, Assam ( 5 ) ( 6 ) Editorial The NLUA Law & Policy Review, a referred journal listed by Uni- versity Grants Commission (Sr.No. 37023 ) inits First issue of Third Volume comes with a consolidation of carefully selected intellectually erudite compilation of research papers encom- passing an array of new ideas in the domain of IPR, agriculture, Food Security, Mediation & Arbitration, Tribal Customary Laws, Cyber Crime, Demonetization, Children’s protection, Police ac- countability, Traditional Knowledge, new Environmental juris- prudential concepts, Sustainable Development, Refugee law and Inter-State River Water Disputes, including a case comment. All these research articles deal with issues of far-reaching socio-le- gal implications. The article “Impact Assessment of Legal Regime on Imported Food Articles in India” by Tarun Arora and Neelu Mehra delves in to the legal status of imported food articles under the Food Safety and Standards Act, 2006 (FSSA), the rules, and regulations in an analytical fashion. The short piece also discusses the judicial approach towards the regulatory regime on imported food items. In generic sense, the procedure of impact assessment has been dealt in environmental and social angle vis-à-vis any proposed project. However, this impact assessment touches upon the safety and standards of food. This scholastic contribution has portrayed six cardinal case laws from the facets of three major stakeholders, namely: importers, exporters and Food Safety and Standards Authority of India. The article titled “Violence through Online Fake News and Need for Better Legal Regulation” by Mohammad Umar is an attempt to emphasize on implications of fake news and search for prac- tical legal solutions to it, given the fact that information in cyber space has its own peculiar behaviour and cannot be equated with traditional print or television media. The contribution fur- ther identifies the problem of violence paved by fake news and tries to make a case for regulation of the virtual availability of such news items to the readers. In addition, the scholastic piece also assess the legal and jurisprudential matrix related to the same by referring to the relevant provisions of the Indian Penal ( 7 ) Code, 1860 (IPC) and the Information Technology Act, 2000 (IT Act) along with the constitutional scheme in the light of decided court cases. Thereafter, the article looks into the issues regard- ing cybercrimes cells of police and liability affixation. Girish Deepak article titled “From Maestro to Ayyasamy - The Journey of Arbitrability of Fraud” touches upon precedential evo- lution of arbitration in India. The critical evaluation of the arti- cle reflects the change in judicial approach towards arbitration from Maestro’s case to Ayyasamy’s case. Arbitration in India has gained popularity since the incorporation of the UNCITRAL Model Law, 1985 by means of the Arbitration and Conciliation Act, 1996. The Arbitration Act of 1996, which is the governing statute of arbitration in India, provides minimal guidance in the issue of arbitrability. The author says, the chain of cases be- gan with Maestro Engineers v. N. Radhakrishnan , in which the Apex Court took an authoritative stand and declared fraud to be an inarbitrable subject due to its complex nature, requiring the same to be adjudicated by Courts. This decision received harsh criticism and was held to be per incuriam by the subsequent de- cision of Swiss Timing v. Organising Committee, Commonwealth Games. This led to confusion once again as to the nature of fraud and its arbitrability. When things stood so, the Supreme Court was led to create a distinction between fraud simpliciter and serious allegations of fraud, in an attempt to resolve this conun- drum, in the case of Ayyasamy v. Paramasivam. The approach adopted by Ayyasamy case was indeed laudable as they upheld the right of parties to adjudicate on simple issues or mere alle- gations of fraud even by means of arbitration, reserving only the serious cases for Court adjudication. Naimitya Sharma in the article titled, “Seeking Possibilities of Distinction between Negative and Positive Rights”, highlights that there seems to be a clear category of negative rights, and a clear demarcation between the positive duty within the negative lib- erty space and a positive duty pertaining to a positive liberty space.
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