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Banaras Law Journal 2014 Vol 43 No. 2 2014 1 THE BANARAS LAW JOURNAL 2 THE BANARAS LAW JOURNAL [Vol. 43] Cite This Issue as Vol. 43 No. 2 Ban.L.J. (2014) 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). 2014 EDITORIAL COMMITTEE 3 Prof. B.N. Pandey Editor-in-Chief, Head & Dean Prof. A.K. Pandey Executive Editor Prof. D.K. Sharma Prof. R.P. Rai Prof. Ali Mehdi Prof. V.S. Mishra Prof. Ajendra Srivastava Prof. R.K. Murali Dr. M.K. Padhy Dr. Rajnish Kumar Singh Dr. K.M. Tripathi Dr. Adesh Kumar 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, Sydney Law School. * Prof. David McQuoid Mason, Professor of Law, Centre for Socio-Legal Studies, Hut 11, Howard College, University of KwaZulu-Natal, Durban 4041, South Africa. * 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. * 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. * Prof. Cliff Manjiao CHI, Law School Xiamen University, Xiamen, Fujian Province, 361005 P.R.C. * Prof. Abdul Haseeb Ansari, Faculty of Laws, International Islamic University, Kaulalumpur, Malaysia. * Prof. David Milman, LL.B., Ph.D., FRSA, School of Law, University of Lancaster, Bailrigg Lancaster LA1 4YN. * Prof. David W. Tushaus, Chairperson, Department of Criminal JusticeLegal Studies & Social Work, Missouri Western State University, Fulbright-Nehru Scholar. * 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. * 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. * 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. 43] 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 2014 Banaras Hindu University 5 Visitor : The President of the Republic of India (ex-officio) Chancellor : Dr. Karan Singh Vice-Chancellor : Dr. Lalji Singh Prof. G.C. Tripathi - 27.11.2014 Finance Officer : Sri Abhay Kumar Thakur Registrar : Prof. G.S. Yadav, (Dr. K.P. Upadhyay; 05.09.2014) Librarian : Dr. A.K. Srivastava Head of the Department and Dean, Faculty of Law : Prof. B.N. Pandey LAW SCHOOL The Faculty Staff Sl. Name & Qualifications Designation No. 1. Baeraiya, Babita, B.A., LL.M., Ph.D. (Sagar) Assistant Professor 2. Gupta, Shailendra Kumar, B.A., LL.M., Ph.D.(Banaras) Associate Professor 3. Haque, Md. Nasimul, B.Sc., LL.M., Ph.D.(Banaras) Professor 4. Kumar, Adesh, B.Sc., LL.M., LL.D. (Lucknow) Assistant Professor 5. Kumar, Ajay, LL.M., Ph.D.(Rohatak) Professor 6. Majhi, Raju, B.Com., LL.M., Ph.D. (Banaras) Assistant Professor 7. Malaviya, M.K., B.A., LL.M., M.Phil. Assistant Professor 8. Mehdi, Ali, B.Sc., LL.M., Ph.D.(Delhi) Professor 9. Mehra, Surendra, B.A.(Hons.), LL.M. Assistant Professor 10. Mishra, Dharmendra Kumar, B.A., B.Ed., LL.M., Ph.D.(Banaras) Professor 11. Mishra, N. K., B.Sc., LL.M., Ph.D. (Sagar) Assistant Professor 12. Mishra, Vinod Shankar, B.Sc., LL.M., Ph.D.(Banaras) Professor 13. Murali, R. K., B.Sc., LL.M.(Andhra), Dip. In IRPM(Tirupati), Ph.D. Professor 14. Nirmal, B. C., B.Sc., LL.M., Ph.D.(Banaras) (on leave) Professor 15. Padhy, M. K., B.Sc., LL.M.(Berhampur), Ph.D.(Banaras) Associate Professor 16. Pandey, Akhilendra Kumar, B.Sc., LL.M., Ph.D.(Banaras) Professor 17. Pandey, B. N., B.Sc., LL.M., Ph.D.(Banaras) Professor 18. Patel, R. K., B.A.(Hons.), LL.M., Ph.D. (Gorakhpur) Associate Professor 19. Pathak, V. K., B.Sc., LL.M., Ph.D. (Bareilly) Assistant Professor 20. Rai, J. P., B.A., LL.M., Ph.D.(Purvanchal) Associate Professor 21. Rai, R. P., B.Sc., M.A., LL.M., Ph.D.(Rewa) Professor 22. Rai, S. P., B.Sc., LL.M.(Banaras), Ph.D. (Bhagalpur) Associate Professor 23. Sahoo, G. P., B.A., LL.M.(Utakal), Ph.D. (Banaras) Assistant Professor 24. Saroj, V. K., B.A., LL.M. Ph.D. (Banaras) Assistant Professor 25. Sharma, D. K., LL.M., LL.D.(Meerut) Professor 26. Singh, A. K., B.Sc., LL.M., LL.D. (Lucknow) Assistant Professor 27. Singh, M. P., B.Sc., LL.M., Ph.D.(Kashi Vidyapith) Professor 28. Singh, P. K., LL.M., Ph.D.(Agra) Professor 29. Singh, R. K., LL.M., Ph.D.(Delhi) Assistant Professor 30. Singh, S. P., B.Sc., LL.M., Ph.D.(Banaras) (on leave) Professor 31. Singh, V. P., LL.M., Ph.D. (Lucknow) Assistant Professor 6 THE BANARAS LAW JOURNAL [Vol. 43] 32. Srivastava, Ajendra, B.A., LL.M., Ph.D.(Delhi) Professor 33. Srivastava, D. K., B.Sc., LL.M., Ph.D.(Banaras) Professor 34. Tripathi, Bibha, B.A., LL.M., Ph.D.(Banaras) Associate Professor 35. Tripathi, K. M., B.A.(Hons.), LL.M., Ph.D. (Banaras) Assistant Professor 36. Tripathy, Sibaram, LL.M., Ph.D. (Berhampur) Professor 37. Trivedi, Abha Km., B.A.(Hons), LL.M.(Banaras) Associate Professor 38. Upadhyay, C. P., LL.M., Ph.D.(Agra) Professor 39. Verma, D. P., M.A., LL.M.(Dalhousie) Professor 40. Verma, G. P., M.A., LL.M., Ph.D.(Banaras) Professor LIBRARY STAFF 1. Nazim, Mohammad, B.A.(Hons.), M.Lib. & I. Sc., Ph.D. Assistant Librarian 2. Lal, Chunni, B.A., B.Lib. & I. Sc. Professional Asstt. 3. Kumar, Prabhat, M.A., M.Lib. & I. Sc. Semi Prof. Asstt. 4. Nath, Shobh, Inter, C.Lib.Sc. Semi Prof. Asstt. 5. Pal, Brij, M.A., M.Lib. & I. Sc. Semi Prof. Asstt. 2014 7 THE BANARAS LAW JOURNAL Vol. 43 No. 2 ISSN 0522-0815 July - Dec. 2014 ARTICLES A LEGAL OVERVIEW OF DEROGATION FROM FUNDAMENTAL RIGHTS UNDER THE NIGERIAN CONSTITUTIONAL SYSTEM ANDREW EJOVWO ABUZA 9-50 MEDICAL PRACTITIONERS AND HOSPITALS: LIABILITIES AND PROTECTIONS PRADEEP SINGH 51-84 CYBER WARFARE: PREVENTION AND ENFORCEMENT STRATEGIES GOLAK PRASAD SAHOO 85-101 INTELLECTUAL PROPERTY RIGHTS OF FARMERS AND FOOD SECURITY CONCERN V.K. PATHAK 102-114 INTERNATIONAL CRIMINAL COURT AN INSTRUMENT FOR COMBATING TERRORISM VIJAY P SINGH 115-136 INTERFACE BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS : AN ANALYSIS SURENDER MEHRA 137-149 EXPANDING HORIZONES OF HUMAN RIGHTS AND NEED OF HUMAN RIGHTS EDUCATION IN INDIA NAVIN PRAKASH VERMA 150-165 8 THE BANARAS LAW JOURNAL [Vol. 43] ANTI-CIRCUMVENTION PROVISIONS IN COPYRIGHT: INDIAN RESPONSE TO THE ISSUE OF DIGITAL COPYING RAJNISH KUMAR SINGH 166-179 DIRECTIVE PRINCIPLES OF INDIAN CONSTITUTION AND INCLUSIVE GROWTH RAJNI MALHOTRA DHINGRA 180-190 GREEN CONSTITUTIONAL JURISPRUDENCE IN INDIA: AN OVERVIEW S.K. GAUR 191-196 PUBLIC INTEREST LITIGATION AS A MEANS OF SOCIAL TRANSFORMATION IN INDIA AJAY KUMAR SINGH 197-204 GENDER SENSITIVITY AND ISSUES OF EQUITY AGAINST WOMEN: THE CHANGING DIMENSIONS KSHEMENDRA MANI TRIPATHI 205-211 BOOK & REVIEW Law Relating to Electronic Contracts by RK Singh Lexis Nexis (A Division of Reed Elsevier India Pvt. Ltd) 2014, pp. i-xii + 1-384, Rs 550/ 198-200 Vijay P. Singh 212 Contemporary Issues in International Law: Environment, International Trade, Information Technology and Legal Education by B.C. Nirmal and Rajnish Kumar Singh, Satyam Law International, New Delhi, 2014, pp. i-xvi + 1-672, Rs. 1295 Shailendra Gupta 215 Vol.2014 43, No. 2, Ban.L.J. (2014) 9-50 9 A LEGAL OVERVIEW OF DEROGATION FROM FUNDAMENTAL RIGHTS UNDER THE NIGERIAN CONSTITUTIONAL SYSTEM ANDREW EJOVWO ABUZA ABSTRACT : The 1999 Nigerian Constitution guarantees to Nigerian citizens the fundamental rights contained in its chapter IV.
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