Delhi Law Review Students Edition, Volume:VI(2018-19)
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DELHI LAW REVIEW STUDENT EDITION Vol. VI (2018-19) ISSN 0973-00IX FACULTY OF LAW UNIVERSITY OF DELHI DELHI LAW REVIEW STUDENT EDITION Volume VI 2018-2019 Patron Prof. (Dr.) Raman Mittal Dean and Head Faculty of Law University of Delhi Editorial Board 2018-2019 Faculty Advisor Dr. L. Pushpa Kumar Editor-in-Chief Harsh Bedi Deputy Editor-in-Chief Ribhav Pande Editors Solomon Bernard Daksh Aggarwal Zeeshan Thomas Yash Saxena Tarandeep Singh Shradha Tripathi Deboleena Dutta Aiman Hashmi Hardik Singh Vrinda Baheti Aadhyaa Khanna Mode of Citation : Vol. VI SDLR <page number> (2019) Copyright © Faculty of Law Faculty of Law Chhatra Marg University of Delhi Delhi – 110007 E-mail – [email protected] INTRODUCTORY NOTE BY HON’BLE MR. JUSTICE DEEPAK GUPTA I am extremely happy to note that my alma mater is now bringing out the Student Edition of the Delhi Law Review. This, I am told, is the VIth Volume of the Journal. In my time, we never had such a Journal, though we did attend a lot of seminars and lectures by senior counsel and academicians. I have pleasant memories of my 3 years in the Faculty of Law, Delhi University. At that time, it was the only law school in India following the case law study method. We had some brilliant teachers like Dr. Upendra Baxi, Dr. D.K. Singh, Dr. Lotika Sarkar, Dr. Sivarammaiya, Dr. Punnuswamy, Dr. Jaffer Hussain, Dr. P.K. Tripathi and many others. It was a pleasure attending their classes. The classroom was never dull or dreary. There was a lot of discussion and debate on many issues. In my view, the faculty of that time has to be given credit for the fact that there are at the present moment 10 sitting Judges viz., Hon’ble the Chief Justice of India Ranjan Gogoi along with Justices R.F. Nariman, D.Y. Chandrachud, S.K. Kaul, Navin Sinha, Indu Malhotra, Sanjiv Khanna, Ravindra Bhat, Hrishikesh Roy and myself in the Supreme Court of India, who have passed out from this faculty. Two alumni who retired recently are Justices M.B. Lokur and A.K.Sikri. A member of the legal fraternity is a student for life. No lawyer or judge can claim that he knows all the law. It is, therefore, necessary to keep pace with what is happening in the legal field around the world. It is also important to keep up with what is the statement of law in different jurisdictions. As communications grow, international trade grows and people travel more often across borders, there has to be more interaction. In this situation, articles like those printed in this review are very interesting and relevant because they cover a wide range of topics from domestic to international law. In my view, law schools in India do not train the students adequately in so far as practice is concerned. Even the moot courts are based on topics and subjects which most lawyers will not engage in, definitely not in the initial years of their practice. There is almost no training as far as trial court practice is concerned. More than 99% of the litigation in India is at the District level. The training in this regard is woefully lacking. When a student of law school goes to a District Court and especially a student going from a metropolis to Munsif town, she/he finds herself/himself totally at sea. I feel that this is one issue which law schools in India need to address. Law has always been viewed as a harbinger of social change. Lawyers all over the world have led movements not only for the independence of their countries but also for social change. Therefore, no person can claim to be a complete legal professional unless he is also equipped with knowledge not only of laws but of many other subjects. A good lawyer/judge has to be aware of many subjects outside the legal profession. It gives me immense pleasure to see that this edition of the Delhi Law Review includes research papers and articles on niche areas of law. It is heartening to see young students of law carrying out in-depth and detailed research into technical legal subjects. I am impressed not only with the wide range of subjects but also with the quality of articles appearing in this Review. It is initiatives like these that keep alive the interaction between legal practice and theory. In India there is lack of synthesis between academia and the profession. There are hardly any academicians who actually argue matters in Court. On the other hand, barring a few lawyers who teach some procedural subjects, there are hardly any lawyers who teach regularly in law schools. This has created a further divide between academia and practitioners. A healthy academia-practice interaction, will not only help in the advancement of legal practice, but will also help the academic field by ensuring that theory never loses sight of the practical applicability of law. The theory and practice cannot be in two water-tight compartments. One may be in academics, practice, or judiciary, whatever field one chooses, there can be no denying the fact that for true growth and social impact, one needs to be skilled in both theory and practice of law. The recipe to a perfect legal practitioner includes the impeccable command over both theory and practice in equal proportions. At the end of the day, a law to achieve its purpose has to be theoretically and constitutionally sound, and at the same time be practically implementable. When this balance is achieved, it will ensure that law as a tool for social change is truly serving its purpose. The work of a Judge involves continuous interpretation of the laws as well as analyzing the policy and practical implementation of the laws. It involves dealing with intricate jurisprudential questions as well as the impact they may have on the people of this nation. All of these questions have an academic, as well as a practical facet. The answers to these questions don’t just lie in theory or practice, but in a perfect blend of the two. It is probably for this reason, that the Constituent Assembly in all its wisdom made a provision for a distinguished jurist to sit on the Bench of the Supreme Court along with practitioners. In 1939, President Roosevelt appointed Felix Frankfurter, someone who had taught law for 25 years, to the United States Supreme Court. Today, 69 years after our Supreme Court came into existence, it’s time to ask ourselves, that maybe it’s time India too deserves its own Felix Frankfurter? Justice Deepak Gupta FROM THE EDITOR’S DESK Legal scholarship is at the cornerstone of the development of law, and journals such as ours seek to capture the evolving discourse at the intersection of law and policy. With this in mind, the first online issue of the Student Edition of the Delhi Law Review (SDLR) was released in 2017-18 with the intention of reviving the dialogue between academia, the judiciary and legal practice initiated by its predecessor-in-print, the Delhi Student Law Review. The latter publication first appeared in 2004, but was unfortunately discontinued after a few years. By 2016, the perceived necessity for a student-run journal to fill in the vacuum had set things in motion. It was through the untiring and patient efforts of select students and faculty members, under the patronage of the Dean of the Faculty of Law, Professor Ved Kumari, that the SDLR came into existence. The journal provided an opportunity to motivated and proficient students to directly involve themselves in advancing academic research at the Faculty of Law. At the same time, the deliberate decision to style the release of the SDLR as an exclusively online publication aimed at easing access for all to the content, while permitting us to remain mindful of our environment footprint. It would appear that our efforts at reviving and distinguishing the SDLR have already been met with some success. We received a very large number of submissions from every conceivable corner, including students and faculty from various institutions across the country and abroad. We would like to thank each of them for their valuable contribution to the present issue. Bringing this volume into its present form has required no small measure of effort on the part of those involved. I would like to thank all the members of the editorial board, the Dean, Faculty of Law and, of course, the authors for their contributions. Finally, this would not have been possible without the unwavering support of our faculty advisor, Dr. L. Pushpa Kumar, from whose experience and attention to detail we all gained immensely. The content of the present journal contains a diverse range of topics which touch upon international law, intellectual property rights, alternative dispute resolution, critical analyses of various developments in municipal law, as well as discussion of future laws which are yet to crystallise. The articles have been selected following a double-blind peer review process, and the editorial board has tried its best to keep up the standard set by the previous editions of the Student Delhi Law Review. The views and opinions expressed in the journal are of the authors alone; the editorial board has limited itself to making suggestions and minor changes for improved readability, and ensuring consistent formatting. Despite the best efforts of the editorial board, some mistakes may have crept in inadvertently. In our capacity as editors, we take responsibility for any such oversight. Harsh Bedi Editor-in-chief CONTENTS Volume VI 2018-19 Troubled Waters: Countering Piracy in the Indian Ocean Anirban Das 1 Region Access to Affordable Medication vis-à-vis Rights of the Lakshita Handa & 24 Patentee Naina Jindal Third