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NALSAR Law Review Volume 7 Number 1 2013 NALSAR Law Review Volume 7 Number 1 2013 In Search of True 'Alternative' to Existing Justice Dispensing System in India Shivaraj S. Huchhanavar Comparative Advertising – Boon or Bane to Consumer Interest? Dr. G V Narasimha Rao Rape and Compensation: An Economic Analysis of the Criminal Law on Rape in India Manika Kamthan Institutional Arrangements to Combating Corruption: A Comparative Study India's (C.B.I) and Hong Kong's Srinivasa Rao Gochipata & Independent Commission Against Corruption (I.C.A.C) Y. R. Haragoapal Reddy Legal Status of BCCI as Instrumentality of State Under Article 12 of The Indian Constitution Dr. M. Suresh Benjamin & Sanu Rani Paul Plea Bargaining in Us and Indian Criminal Law Confessions for Concessions K.V.K. Santhy Jurisdictional Waters Delimitation: India's Exclusive Economic Zone (Eez) in Mv Enrica Lexie Case Dr. Jayan P.A Tyranny Over The Mind: Paid News as Electoral Crime Dr. Madabhushi Sridhar The Right of People to Self-Dertermination and the Principle of Non-Interference in the Domestic Affairs of States Eze, Kenneth Uzor & G. N. Okeke Cartels Vis-À-Vis Competition Law: Judicial Analysis Dr. R. Y. Naidu Universities, Intellectual Property Rights and Spinoffs: A Critical Evaluation Pinaki Nandan Pattnaik Legal Aid in India and the Judicial Contribution Dr. G. Mallikarjun Parental Substance Misuse and the Child Dr. Aruna B Venkat Vol. 7 No. 1 NALSAR Law Review 2013 Chief Justice of Andhra Pradesh Prof. Faizan Mustafa Chief Patron Patron Chancellor, NALSAR Vice-Chancellor, NALSAR Editorial Advisory Board Editorial Committee Justice V. R. Krishana Iyer Editor Prof. S. D. Sharma Prof. Vijender Kumar Prof. S. K. Verma Prof. M. P. Singh Co-editors Prof. Balraj Singh Chouhan Dr. K. Vidyullatha Reddy Prof. A. Lakshminath Dr. Aruna B. Venkat Dr. N. Vasanthi Note to Contributors: Manuscripts, Editorial Correspondence and Style-sheet requisitions should be addressed to the Editor, NALSAR Law Review, NALSAR University of Law, Post Box No. 1, NISA Hakimpet, Justice City, Shameerpet, R.R. Dist., Hyderabad - 500078, A.P., India, for soft material use E-mail : [email protected] Price Rs. 300 (Rs. Three Hundred) or US$50 (Fifty) Mode of Citation : 7NLR2013 Copyright © 2011 NALSAR University of Law. 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 opinions of the University. NALSAR Law Review Volume 7 Number 1 2013 Editorial In Search of True „Alternative‟ to Existing Justice Dispensing System in India Shivaraj S. Huchhanavar 1 Comparative Advertising – Boon or Bane to Consumer Interest? Dr. G V Narasimha Rao 26 Rape and Compensation: An Economic Analysis of the Criminal Law on Rape in India Manika Kamthan 38 Institutional Arrangements to Combating Corruption: A Comparative Study India‟s (C.B.I) and Hong Srinivasa Rao Gochipata & Kong‟s Independent Commission Against Corruption Y. R. Haragopal Reddy 46 (I.C.A.C) Legal Status of BCCI as Instrumentality of State Dr. M. Suresh Benjamin & Under Article 12 of The Indian Constitution Sanu Rani Paul 70 Plea Bargaining in Us and Indian Criminal Law Confessions for Concessions K.V.K. Santhy 84 Jurisdictional Waters Delimitation: India‟s Exclusive Economic Zone (Eez) in MV Enrica Lexie Case Dr. Jayan P.A 103 Tyranny Over The Mind: Paid News as Electoral Crime Dr. Madabhushi Sridhar 120 The Right of People to Self-Dertermination and the Principle of Non-Interference in the Domestic Affairs Eze, Kenneth Uzor & of States G. N. Okeke 145 Cartels Vis-À-Vis Competition Law: Judicial Analysis Dr. R. Y. Naidu 165 Universities, Intellectual Property Rights and Spinoffs: A Critical Evaluation Pinaki Nandan Pattnaik 188 Legal Aid in India and the Judicial Contribution Dr. G. Mallikarjun 234 Parental Substance Misuse and Child Abuse Dr. Aruna B Venkat 242 Editorial At the outset we extend our gratitude to our contributors for their consistent support and contribution to our Journal. Our aim is to promote social justice, legal and judicial reforms through scholarship of our contributors. The Seventh volume of the University‟s flagship Journal titled “Nalsar Law Review” is being published on the eve of Eleventh Annual Convocation, 2013. This gives us great pleasure to present our scholarship in this issue of NLR. The research articles in this issue are well researched and have definite recommendations; these articles have a socio-legal context. Quality legal research and standard publications constitute one of the important mandates of a leading law school like NALSAR. We hope readers would find the present issue interesting and thought provoking. Our reader‟s response is always a source of inspiration to improve the quality of our research publications. This issue has articles written on very significant topics like: In Search of True ‘Alternative’ to Existing Justice Dispensing System in India by Shivaraj S. Huchhanavar, Rape and Compensation: An Economic Analysis of the Criminal Law, Tyranny Over The Mind: Paid News as Electoral Crime by Dr. Madabhushi Sridhar, Jurisdictional Waters Delimitation: India’s Exclusive Economic Zone (Eez) in Mv Enrica Lexie Case by Dr. Jayanp.A and many more. We hope our readers will enjoy reading the Review as much as we did putting it together for you. Editorial Committee IN SEARCH OF TRUE „ALTERNATIVE‟ TO EXISTING JUSTICE DISPENSING SYSTEM IN INDIA Shivaraj S. Huchhanavar* "I had learnt the true practice of law. I had learnt to find out the better side of human nature, and to enter men's hearts. I realized that the true function of a lawyer was to unite parties given as under. The lesson was so indelibly burnt unto me that the large part of my time, during the twenty years of my practice as a lawyer, was occupied in bringing about private compromises of hundreds of cases. I lost nothing, thereby not even money, certainly not my soul1". -Mahatma Gandhi 1. Introduction For the efficient functioning of any legal system fundamental requisite is that such system shall be built on the aspirations of the people, law or legal system for that matter will not work in vacuum, for this reason surrounding social condition are the deciding factors for adoption or for bringing any change in the legal system. Unfortunately in a developing country like India it is considered to be normative practice to find the solution for our problems (legal) in western jurisprudential thought and practices (it is true at least in regard to Legal restructuring is concerned).In India with a view to overcome the problems of ‗formal legal system‘ serious attempt were made and continued to be made, as result of which there is adoption of Alternative Dispute Resolution System of Anglo-Saxon style in this country. Thus, post-emergency, the dominant theme of legal reform was translated into sponsoring relatively informal, conciliatory, and alternative institutions alongside the formal judicial mechanism. The early 1980s saw a concerted effort to promote a more indigenous character within the justice dispensing system, and to provide alternatives to the Anglo-Saxon models of adjudication. In India until now no solemn attempt has been made to identify and to recognize our own system of justice administrations which stood as efficient mechanism of dispute resolution from vedic age. This * Guest Faculty of Law, Karanataka State Law University‘s Law School Rayapur, Dharwad, E-mail: 1 Mahatma Gandhi, The Story of My Experiments With Truth (Part II, Chapter XIV). 2 NALSAR Law Review [Vol.7 : No. 1 development brought us to such tragedy that, more than 70% cases in rural India even today were solved by traditional Panchayats, in fact these Panchayats were the true aspiration of institutions whereas, foreign made modern ADRs had got statutory recognition even though they were failed to achieve desired results, except Lok Adalats anything decipherable had happened by ADRs in this country. Today justice dispensing system in India is on twisted road at the one end failure of formal law Courts resulting in backlog of cases, and on the other end ADRs fails to get much need public support, under this circumstance it is essential to rethink on the new ways out for coming generation. Accordingly it is essential in this context to study various forms of ADRs, their development, and mode of working of ADRs so as to assess it pros, cons and applicability to the pluralistic Society of Indian. 2.1. Alternative Dispute Resolution System The basic yet pre-eminent question surrounding ADR is this: what is it an alternative to? The answer, particularly in India, is that it is the alternative to the often tedious, strictly formal legal proceedings in court that is presided over by a state-appointed judge, with counsel representing the parties, and, in some cases or jurisdictions, the presence of juries was recognized to be an alternative to the judicial system that has been existence in India. In fact ‗Alternative‘ is not Conciliation, Mediation and Arbitration but the British System Justice of Administration, for this reason ‗A‘ is used as ‗appropriate‘ and not as ‗alternative‘. The problem with this alternative approach is that there are numerous cultures and communities in many parts of India, where litigation is not the norm and is actually the alternative. The norms for these people are their own community dispute resolution procedures. Hence, the word ―alternative‖ in ADR seems to be a misnomer as applied. In India all forms of LokAdalat, Conciliation, Mediation and Arbitration were prevalent being part of the Legal system from time immemorial. ‗Lok‘ means ‗people‘ and ‗Adalat‘ refers to Court, it is nothing but a ‗people‘s Court‘, i.e Nayaya Panchayats of those glorious fast of this country.
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