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NLUALR-Vol-3-No NLUA LAW REVIEW Volume 3 Special Issue Number I Effectiveness Of Calculating Comparable Rituparna De 9 Assets For Patent Valuation Anuttama Ghose Marital Rapes In India: An Analysis Kushal Srivastava 24 Why Is My Hijab Your Problem: A Jurisprudential Analysis Of Women Prachi Tyagi 36 Behind Veil Human Rights In Conflict Situations: A Debanjana 44 Study In The Context Of The Syrian Crisis Bhattacharjee Relevance Of The Budapest Treaty And Radhakrishnan. K. Dr Praveen Kumar Biological Diversity Act In Biotechnology 59 Patents Lochab Decriminalisation Of Section 377, Ipc: Vaibhav Sharma Charting Judicial Course Of Correcting Ravi Apoorva 67 The Archaic Anomaly Trafficking Of Women And Children With Bhargov Bikash Dutta 80 Reference To The North-East Region Barasha Kalita Insurgency Movements In North East India And Its Impact On The Hill Women Folks Thangzakhup 102 Of The States Of Nagaland, Mizoram And Tombing Manipur: Voice Of The Unheard Victims How Not To Make Feasibility Reports: A R.g.suriaprakash Critical Analysis Of The Feasibility Report 122 Of The Chennai-Salem Greenway Project An Analysis On The Functioning Of State Pollution Control Board Of Assam In Bijeta Chetry 135 Respect Of Hazardous Waste Management Abolition Of Contract Labour In India: A Tathagat Sharma 150 Study Of Judicial Trends Prince Raj Looking At The Right To Privacy Through Sandeep Jain 168 The Prism Of Personal Laws International Instruments On The Indigenous People And Response Of Shristy Banerjee 187 India With Special Focus On Education: An Overview Need To Foster The Foster Care- A Critical Indira K 208 Analysis Sabarimala : Inequality In Divinity Vaibhav Suppal 226 The Role Of Public Interest Litigation In Manvendra Singh Shaping Up The Public Policy Regime In Jadon 234 India: Over-Reaching Or Justified And The Way Ahead Legal Framework Concerning Child Toshali Pattnaik Labour In India: A Critical Assessment 264 Legality Of Armed Drones Under Aditi Singh Kavia 281 International Law India’s Liaison With The International Devapreeti Sharma 300 Criminal Court Judicial Dynamism In India: Supreme Jayanta Boruah 320 Court’s Landmark Judgments In 2018 Book Review Of “The International Criminal Court At The Mercy Of Powerful States: An Assessment Of The Neo- Aman Kumar 334 Colonialism Claim Made By African Stakeholders” By Dr Res Schuerch, (1St Edn, Springer, 2017) MESSAGE FROM THE PATRON NLUALR is the mirror of quality research orientation of students of NLUJAA. Like any other national Law University this University represents India with talented students from all over the country pursuing studies in divergent disciplines and forming inter disciplinary approach towards pertinent national issues. As good students acquiring and disseminating knowledge in different shades of life,the contributors to this journal are serving the great cause of societal aspiration to accomplish right to know more and updated information regarding socio-legal problems and their solutions. This sixth issue of the journal covers a wide range of research areas containing adequate and relevant data, appropriate analysis, thought povoking ideas and new insights along with deep vision into the socially desired pursuit of Justice. Articles and reviews published in this issue contain contributions both from faculty and students. They include important contemporary human rights and other social and legal issues from divergent areas including neo-colonialism in International Criminal Court, patent laws, question of marital rape, wearing hijab, human rights in conflict situations, LGBTQ Rights, human trafficking, women’s rights, environmental issues, labour rights, privacy etc. The National Law University, Assam Law Review is the result of untiring and relentless efforts of the Editorial Board consisting of talented and good students devoting their precious time without impairing the high pursuit of learning and study. The students involved in publication of the Review and having taken keen interest in bringing out this issue deserve special congratulations. As a patron of NLUALR, I wish all success to this issue and handover to readers to read, evaluate, comment and encourage the budding scholars to work with new zeal for social service and community welfare through constructive, creative and innovative suggestion to solve social-legal problems and eradicate social evils. EDITORIAL NLUA Law Review has established itself as a platform for sharing interdisciplinary and multidisciplinary research. As has been the hallmark of our Review, this issue also upholds the benchmark set up by the previous issues. We had received an amazing response to our ‘Call for Papers’ for this issue and had a tough time selecting these articles from the range of quality articles submitted. In this issue, we have selected articles on numerous topics such as inter alia International Law, Constitutional Law, Human Rights Law, Environmental Law, and Business Law. Since one of our aims is to establish our journal as a platform for research focused on matters related to North-East India, we have selected one article on the environmental-legal facets of inland water transport system and the enormous potential that it holds in the state of Assam. Aman Kumar in his review of the book by the title, “The International Criminal Court at The Mercy of Powerful States: An Assessment of the Neo- Colonialism Claim Made by African Stakeholders” by DR Res Schurech, (1st edn, Springer, 2017) which deals with the author’s explanation of the behaviors of the African nations towards ICC through the lens of neo- colonialism. The authors of this review thinks that this book is a much needed academic engagement on the topic of neo-colonialism and ICC. Rituparna De and Anuttama Ghose in their article, “Effectiveness of Calculating Comparable Assets for Patent Valuation” try to understand the usefulness of market approach and the extent to which the same can be used to assess comparable assets in patents, to determine comparable factors for patent and to ascertain the controllability of the comparable assests in patent. Kushal Srivastava in his article, “Marital Rapes in India: An Analysis” looks at marital rape which is exempted from criminality in the Indian Penal Code from the angles of right to live with human dignity and right to sexual privacy and questions as to why the same should not be criminalized. Prachi Tyagi in her article, “Why is my Hijab Your Problem: A Jurisprudential Analysis of Women Behind Veil” discusses about the question of women’s choice in wearing hijab in the light of the opposing positions that include some European countries like France and Belgium banning it and other Arabian countries imposing it on women. An analysis of the same has been done with the help of the works of Jeremy Bentham and Robert Nozick. Debanjana Bhattacharya in her article, “Human Rights in Conflict Situations: A Study in the Context of the Syrian Crisis” discusses about human rights violations and gruesome crimes against humanity happening in Syria between the government and the non-State actors like Free Syrian Army. Lamenting on the failure of international actors in preventing the same, she ponders upon the role of the UN in establishing peace in the region. Radhakrishnan K. and Dr. Praveen Kumar Lochab in their article, “Relevance of the Budapest Treaty and Biological Diversity Act in Biotechnology Patents” discuss about the implication of the Biological Diversity Act, 2002 and the Budapest Treaty in biotechnology patents. Vaibhav Sharma and Ravi Apoorva in their article, “Decriminalisation of Section 377, IPC: Charting Judicial Course of Correcting the Archaic Anomaly” discuss about decriminalization of sec 377 of the Indian Penal Code and its effects on LGBTQ community and their rights. They further also discuss of about the implications on marriage, inheritance rights, adoption of child and consequent legislative measures needed. Bhargov Bikash Dutta and Barasha Kalita in their article, “Trafficking of Women and Children with Reference to North-East Region” discuss about the current situation of human trafficking in India and identifies the causes of child and women trafficking in the Northeast. They also look into various existing national and international instruments preventing the same. More specifically they analyse the missing Children in Assam, what makes the children in the tea plantation area more vulnerable to trafficking. ThangzakhupTombing in his article, “Insurgency Movements in North East India and its Impact on the Hill Women folks of the States of Nagaland, Mizoram and Manipur: Voice of the Unheard Victims” explore the unheard voices of the tribal women folks in the state of Nagaland, Mizoram and Manipur who were silent victims of insurgency movements and counter insurgency movements in these three states. He further attempts to critically analyse relevant national and international statutes, treaties and conventions and remedies available to women victims of war crimes as a class in themselves. R G Suriaprakash in his article, “How Not to Make Feasibility Reports: A Critical Analysis of the Feasibility Report of the Chennai-Salem Greenway Project” discusses about the case of (G.Sundarrajan v. Union of India and Ors. W.P. No. 15889 of 2018) and the question of vires of s. 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) to the extent that the exclusion of certain legislations from the provisions of land acquisition under RFCTLARR Act violates Article 14 of the Constitution. The author suggests that suggests that the petitioner in G. Sundarrajan might have made some sense at a normative level. Bijeta Chetry in her article, “An Analysis on the Functioning of State Pollution Control board of Assam in Respect of Hazardous Waste Management” discusses various problems with the ineffective functioning of the Assam State Pollution Control Board. Tathagat Sharma and Prince Raj in their article, “Abolition of Contract Labour in India: A Study of Judicial Trends” discuss about judicial trends in relation to Abolition of Contract Labour in the Country and their Absorption through case law analysis.
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