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The Banaras Law Journal Vol. 48 2019 No. 1 ISSN 0522-0815 THE BANARAS LAW JOURNAL Faculty of Law Banaras Hindu University, Varanasi-221005, India THE BANARAS LAW JOURNAL Faculty of Law Banaras Hindu University National Advisory Board Dr. Justice Balbir Singh Chauhan Justice A.P. Sahi Former Judge Chief Justice Supreme Court of India Patna High Court & Former Chairman Law Commission of India Prof. (Dr.) S.K. Verma Prof. (Dr.) Manoj K. Sinha Former Secretary General Director Indian Society of International Law The Indian Law Institute New Delhi New Delhi Prof. (Dr.) K.C. Sunny Vice-Chancellor The National University of Advance Legal Studies Kochi 2019 (1) 1 THE BANARAS LAW JOURNAL 2 THE BANARAS LAW JOURNAL [Vol. 48] THE BANARAS LAW JOURNAL Cite This Issue as Vol. 48 No. 1 Ban.L.J. (2019) The Banaras Law Journal is published bi-annually by the Faculty of Law, Banaras Hindu University since 1965.Articles and other contributions for possible publication are welcomed and these as well as books for review should be addressed to the Editor-in-Chief, Banaras Law Journal, Faculty of Law, Banaras Hindu University, Varanasi - 221005, India, or e-mailed to <[email protected]>. Views expressed in the Articles, Notes & Comments, Book Reviews and all other contributions published in this Journal are those of the respective authors and do not necessarily reflect the views of the Board of Editors of the Banaras Law Journal. In spite of our best care and caution, errors and omissions may creep in, for which our patrons will please bear with us and any discrepancy noticed may kindly be brought to our knowlede which will improve our Journal. Further, it is to be noted that the Journal is published with the understanding that Authors, Editors, Printers and Publishers are not responsible for any damages or loss accruing to any body. In exchange for Banaras Law Journal, the Law School, Banaras Hindu University would appreciate receiving Journals, Books and monographs, etc. which can be of interest to Indian specialists and readers. c Law School, B.H.U., Varanasi- 221005 Composed and Printed by Raj Kumar Jaiswal, Dee Gee Printers, Khojwan Bazar, Varanasi-221010, U.P., (India). 2019 (1) 3 EDITORIAL COMMITTEE Prof. R.P. Rai Editor-in-Chief, Head & Dean Prof. D.K. Mishra Executive Editor Prof. Ali Mehdi Senior Article Editor Prof. P.K. Singh Senior Article Editor Prof. V.S. Mishra Senior Article Editor Prof. A.K. Pandey Senior Article Editor Prof. Ajendra Srivastava Senior Article Editor Prof. R.K. Murali Senior Article Editor Prof. Ajay Kumar Senior Article Editor Prof. S.K. Gupta Managing Editor Prof. Bibha Tripathi Managing Editor Prof. M.K. Padhy Managing Editor Prof. J.P. Rai Managing Editor Prof. R.K. Patel Associate Editor Prof. G.P. Sahoo Associate Editor Dr. R. K. Singh Associate Editor Dr. V.K. Saroj Associate Editor Dr. Raju Majhi Associate Editor Dr. V.K. Pathak Assistant Editor Dr. Adesh Kumar Assistant Editor Dr. N.K. Mishra Assistant Editor Dr. K.M. Tripathi Assistant Editor INTERNATIONAL ADVISORY BOARD * Professor Ben Boer, Deputy Chair, IUCN World Commission on Environmental Law, Professor, Research Institute of Environmental Law, Wuhan University, Emeritus Professor in Environmental Law, The University of Sydney Law School, [email protected] * Prof. David McQuoid Mason, Professor of Law, Centre for Socio-Legal Studies, Hut 11, Howard College, University of KwaZulu-Natal, Durban 4041, South Africa, [email protected] * Prof. Raj Bhala, Associate Dean for International and Comparative Law, Rice Distinguished Professor, The University of Kansas,School of Law Green Hall,Kansas, U.S.A., [email protected] * Prof. Surya P. Subedi, O.B.E. , D.Phil(Oxford); Barrister (Middle Temple), Professor of International Law,UN Special Rapporteur for Human Rights in Cambodia, School of Law, University of Leeds, [email protected] * Prof. Cliff Manjiao CHI, Law School Xiamen University, Xiamen, Fujian Province, 361005 P.R.C, c****[email protected] * Prof. Abdul Haseeb Ansari, Faculty of Laws, International Islamic University, Kaula Lumpur, Malaysia, [email protected]; [email protected] * Prof. David Milman, LL.B., Ph.D., FRSA, School of Law, University of Lancaster, Bailrigg Lancaster LA1 4YN, [email protected] * Prof. David W. Tushaus, Chairperson, Department of Criminal JusticeLegal Studies & Social Work, Missouri Western State University, Fulbright-Nehru Scholar, [email protected] * Prof. KohKeheg-Lian, Emeritus Professor, Faculty of Law, National University of Singapore, Director, Asia- Pacific Centre for Environmental Law, Singapore. * Dr. Robert P. Barnidge, Jr., Lecturer, School of Law, University of Reading, Reading RG6 7BA, visting Asstt. Professor, H.Sam Prieste Centre for International Studies, [email protected] * Prof. Cheng Chia-Jui, Secretary General of the Curatorium Asian Academy of Comparative Law, Beijing, President Chinese Society of Comparative Law, Professor of International and Comparative Law,Taipei, Professor, School of Law, Soochow University. * Prof. Paulo Canelas de Castro, Jean Monnet Chairholder - European Union Law, Board of Directors, Association of Studies on the European Union-Macau & Associate Professor, Faculty of Law,University of Macau. 4 THE BANARAS LAW JOURNAL [Vol. 48] THE BANARAS LAW JOURNAL Pandit Madan Mohan Malaviya Ji (The Founder of Banaras Hindu University) (25.12.1861 - 12.11.1946) "It is my earnest hope and prayer, that this centre of life and light, which is coming into existence, will produce students who will not only be intellectually equal to the best of their fellow students in other parts of the world, but will also live a noble life, love their country and be loyal to the Supreme Ruler." - Madan Mohan Malaviya 2019 (1) 5 Banaras Hindu University Visitor : The President of the Republic of India (ex-officio) Chancellor : Justice Giridhar Malviya Vice-Chancellor : Prof. Rakesh Bhatnagar Finance Officer : Dr. S.B. Patel Registrar : Dr. Neeraj Tripathi Librarian : Prof. H.N. Prasad Head of the Department and Dean, Faculty of Law : Prof. R.P. Rai LAW SCHOOL The Faculty Staff Sl. Name & Qualifications Designation No. 1. Baeraiya, Babita, B.A., LL.M., Ph.D. (Sagar) Assistant Professor 2. Brijwal, K.S. LL.M., Ph.D. (Lucknow) Assistant Professor 3. Gupta, Shailendra Kumar, B.A., LL.M., Ph.D.(Banaras) Professor 4. Kumar, Anoop, LL.M., Ph.D. (Banaras) Assistant Professor 5. Kumar, Adesh, B.Sc., LL.M., LL.D. (Lucknow) Assistant Professor 6. Kumar, Ajay, LL.M., Ph.D.(Rohatak) Professor 7. Kumar, Pradeep, LL.M., Ph.D. (Lucknow) Assistant Professor 8. Majhi, Raju, B.Com., LL.M., Ph.D. (Banaras) Assistant Professor 9. Malaviya, M.K., B.A., LL.M., M.Phil. Ph.D. (Bhopal) Assistant Professor 10 Maurya, Anil Kumar, LL.M. Ph.D. (RMLNLU, Lucknow) Assistant Professor 11. Mehdi, Ali, B.Sc., LL.M., Ph.D.(Delhi) Professor 12. Mehra, Surendra, LL.M., Ph.D.(Banaras) On Leave Assistant Professor 13. Mishra, Dharmendra Kumar, B.A., B.Ed., LL.M., Ph.D.(Banaras) Professor 14. Mishra, N. K., B.Sc., LL.M., Ph.D. (Sagar) Assistant Professor 15. Mishra, Vinod Shankar, B.Sc., LL.M., Ph.D.(Banaras) Professor 16. Murali, R. K., B.Sc., LL.M.(Andhra), Dip. In IRPM(Tirupati), Ph.D. Professor 17. Padhy, M. K., B.Sc., LL.M., Ph.D.(Banaras) Professor 18. Pandey, Akhilendra Kumar, B.Sc., LL.M., Ph.D.(Banaras) Professor 19. Patel, R. K., B.A.(Hons.), LL.M., Ph.D. (Gorakhpur) Professor 20. Pathak, V. K., B.Sc., LL.M., Ph.D. (Bareilly) Assistant Professor 21 Pratap, Mayank, LL.M., Ph.D. (Banaras) Assistant Professor 22. Rai, J. P., B.A., LL.M., Ph.D.(Purvanchal) Professor 23. Rai, R. P., B.Sc., M.A., LL.M., Ph.D.(Rewa) Professor 24 Saha, P.K., LL.M., Ph.D. (Banaras) Assistant Professor 25. Sahoo, G. P., B.A., LL.M., Ph.D. (Banaras) Professor 26. Saroj, V. K., B.A., LL.M. Ph.D. (Banaras) Associate Professor 27. Singh, A. K., B.Sc., LL.M., LL.D. (Lucknow) Assistant Professor 28. Singh, P. K., LL.M., Ph.D.(Agra) Professor 29. Singh, R. K., LL.M., Ph.D.(Delhi) Associate Professor 6 THE BANARAS LAW JOURNAL [Vol. 48] 30. Srivastava, Ajendra, B.A., LL.M., Ph.D.(Delhi) Professor 31. Srivastava, D. K., B.Sc., LL.M., Ph.D.(Banaras) Professor 32. Tripathi, Bibha, B.A., LL.M., Ph.D.(Banaras) Professor 33. Tripathi, K. M., B.A.(Hons.), LL.M., Ph.D. (Banaras) Associate Professor 34. Tripathy, Sibaram, LL.M., Ph.D. (Berhampur) Professor 35. Upadhyay, C. P., LL.M., Ph.D.(Agra) Professor LIBRARY STAFF 1. Dangi, Ram Kumar, B.Sc., LL.B., M.Lib I Sc., M.Phil (Lib I Sc.) Asstt. Librarian 2. Kumar, Prabhat, M.A., M.Lib. & I. Sc. Semi Prof. Asstt. 3. Pal, Brij, M.A., M.Lib. & I. Sc. Semi Prof. Asstt. 4. Upadhyay, Dayalu Nath, B.A., C.Lib. Semi Prof. Asstt. 5. Mishra, Girish Chandra, M.A., M.Lib I.Sc. Semi Prof. Asstt. 2019 (1) 7 THE BANARAS LAW JOURNAL Vol. 48 No. 1 ISSN 0522-0815 Jan- June. 2019 ARTICLES LAW ENFORCEMENT, MILITARY DISCIPLINE, AND THE NOTION OF MILITARY JUSTICE: BUILDING A CASE FOR THE HUMAN RIGHTS OF SERVICE PERSONNEL IN NIGERIA OLUSOLA B. ADEGBITE 9 DRM AND INDIAN COPYRIGHT LAW: AFTER 2012 AMENDMENT R. P. RAI 36 DEATH SENTENCE AND CRIMINAL JUSTICE IN INDIA PRADEEP KUMAR SINGH 53 ANTI-COMPETITIVE AGREEMENT UNDER COMPETITION LAW IN INDIA C.P. UPADHYAY 81 THE RHETORIC OF TAX-POLICY AND CONSTRUCTION OF TAX-STATUTES DHARMENDRA KUMAR MISHRA ANSHU MISHRA 97 CRYONIC LIFE EXTENSION : ISSUES AND CHALLENGES AJAI KUMAR 112 THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 AND ITS IMPLEMENTATION : A CRITICAL APPRAISAL RAJU MAJHI 135 8 THE BANARAS LAW JOURNAL [Vol.
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