Vol : 9 Vol : - No. : 1 No. Vol : 9 - No. : 1 January 2019 ISSN.0973-3280 BANGALORE UNIVERSITY LAW JOURNAL UGC approved Peer Reviewed and Refereed Journal Vol : 9 No. 1 January 2019 Vol. 9 No. 1 BANGALORE UNIVERSITY LAW JOURNAL UGC approved Peer Reviewed and Refereed Journal CITE THIS VOLUME AS 9 BULJ 2019 (1) This Journal is published by University Law College & Department of Studies in Law, Bangalore University, Bengaluru Price of single issue : ` 200/- ii CALL FOR CONTRIBUTIONS Bangalore University Law Journal is a biannual publication. Contributions to the journal are invited in the form of articles, notes and case comments. Contributions should be typed in double space on one side of the A4 size paper and should also be sent by rewritable CD. It may also be sent through email-id [email protected] The Editors, Publishers and Printers do not claim any responsibility for the views expressed by the contributors and for the errors, if any, in the information contained in the journal. The subscription amount may be sent to the following address along with D.D drawn in favour of Finance Officer, Bangalore University, Bangalore. BANGALORE UNIVERSITY LAW JOURNAL C/O PROFESSOR DR. V. SUDESH PRINCIPAL UNIVERSITY LAW COLLEGE BANGALORE UNIVERSITY, BANGALORE iii EDITORIAL ADVISORY BOARD Justice Dr. Shivraj V. Patil Former Judge, Supreme Court of India, Bangalore Prof. V. B. Coutinho Dr. R. Venkat Rao Former Vice Chancellor Vice Chancellor Gulbarga University National Law School of India University Gulbarga Nagarabhavi Bangalore Prof. Manoj Kumar Sinha Shri. Mohan V. Katarki Director, Indian Law Institute Senior Advocate Bhagwandas Road Supreme Court New Delhi New Delhi Dr. K. M. H. Rayappa Shri. Uday Holla Former Principal & Dean Senior Advocate University Law College High Court of Karnataka Bangalore University, Bangalore Former Advocate General Karnataka Smt. Pratibha Singh Prof. Dr. K. C. Sunny Judge Vice Chancellor High Court of Delhi National University of Advanced New Delhi Legal Studies, Kochi Dr. G. B. Reddy Dr. David Ambrose Professor Professor and Head Osmania University, Madras University, Hyderabad Chennai iv BANGALORE UNIVERSITY LAW JOURNAL University Law College & Department of Studies in Law Bangalore University, Jnanabharathi Campus, Bengaluru – 560 056 PATRON IN CHIEF Prof. Venugopal K. R., Vice-Chancellor, Bangalore University, Bengaluru PATRON Prof. Dr. B. K. Ravi, Registrar, Bangalore University, Bengaluru EDITORS in Chief Prof. Dr. V. Sudesh Prof. Dr. Suresh V. Nadagoudar Principal and Dean Professor (on lien) EDITORS Dr. N. Sathish Gowda Dr. N. Dasharath Assistant Professor Professor, Dean & Chairman Dr. L. Chandrakanthi Dr. Jyothi Vishwanath Assistant Professor Assistant Professor v EDITORIAL NOTE It is indeed a momentous occasion for Bangalore University in general and University Law College in particular to bring out a Law Journal after completion of more than 50 years of its existence under the auspices of Bangalore University. The editors wish to place on record and thank V. B. Coutinho Trust ® for being kind and gracious to hand over the future publications of Bangalore Law Journal (BLJ) to the Principal, University Law College, to be published as “Bangalore University Law Journal” (BULJ). We also thank the Hon’ble Vice- Chancellor, Registrar and Finance Officer, Bangalore University, Bangalore for having accepted our proposal for the journal and sanctioning requisite funds for printing of the journal. Research is an important aspect of the academic life of a teacher. The ever changing socio-legal dynamics present an opportunity to all the teachers to undertake research by writing scholarly articles on several issues and thereby contribute in furthering knowledge and promote future research. It has been a long standing desire of the faculty of University Law College & Department of Studies and Research in Law, Bangalore University to have a journal of its own and we are happy that it is fulfilled with the blessings of Jurists, Senior Professors and Former Principals of University Law College, Bangalore University, Bengaluru. The BULJ will be a peer reviewed journal inviting scholarly articles from faculty and scholars across the country. We hope the inaugural issue of BULJ would benefit the readers. Prof. Dr. V. Sudesh Principal, University Law College Bangalore University, Bangalore vi CONTENTS Sl. Page Particulars No. Nos 1. Is Sexual Harassment in Higher Education Institutions a Myth or Reality?: A Legal Study 1-16 -Prof. (Dr.) T.R.Subramanya and Ms. Aruna L 2. International Rivers: Challenges Posed by the Threat of Climate Change to India and Her Neighbours 17-26 -Shri. Mohan V. Katarki 3. Cyber Security Laws Regulating E – Commerce Sector in India 27-36 -Prof. Dr. Suresh. V. Nadagoudar and Ravindra K. Rajput 4. Revisiting the Ancient Idea of Corporal Punishment in Schools: In the Best Interest of the Child 37-52 -Dr. Kim Rocha Couto 5. The Myth of Legal Protection of Women Workers in the Construction Sector: An Analysis of the Land Mark 53-72 Judicial Developments -Dr. Sapna S 6. Law Relating to Conservation and Management of Forest Resources in India: An Analytical View 73-87 -Dr. Aneesh V. Pillai 7. Child Labour Hampered the Development of Nation: Issues and Challenges Ending Child Labour in India 88-96 -Dr. Janhavi S S 8. Right to Safe Food in India - An Unending Litany 97-114 -Dr. N. Sathish Gowda & Sumithra. R 9. Montevideo Programme: As an Action Plan 115-120 -Dr. Jyothi Vishwanath and Sumanth H.M 10. Legal Regime on Human Trafficking in the Dark Net in India: An Analysis 121-141 -Dr. Chandrakanthi L. and Tito Paul 11. Women Empowerment in India: An Overview of 73rd 142-148 Amendment -Dr. C.R Jilova 12. Rights of Female Prisoners under Indian Constitution: An Analysis 149-155 -Dr C.B. Ranganathaiah vii Sl. Page Particulars No. Nos 13. Corruption and its Causes in India–A Study with Special Reference to Anti-Corruption Laws 156-172 -Dr.T.Balaji 14. All About Witch-Hunting: A Brief Study 173-180 -Dr Anitha K N 15. The Special Courts under Law on Protection of Children from Sexual Offences in India: An Analysis 181-194 -Dr. Shilpa. M.L 16. Impact of Superstitions and Belief System on Marriages in India with Special Reference to Condition of 195-203 Horoscope Match: Need of Suitable Legislation -Dr. Rekha Pahuja 17. Marine Pollution in Coastal India: Issues and Challenges 204-214 -Ms. Nalina. N 18. Conceptualisation of Victimology in India: Perspective Beyond Frontier 215-227 -Ms. Sofia Khatun 19. Legislative Relations between the Union and the States - An Analysis 228-237 -Nishant Kumar Jilova 20. Law and Policies on Right to Health of Women in India: Issues and Challenges 238-260 -Ms. Parvathi. M viii 2019 BANGALORE UNIVERSITY LAW JOURNAL 1 IS SEXUAL HARASSMENT IN HIGHER EDUCATION INSTITUTIONS A MYTH OR REALITY? : A LEGAL STUDY Prof. (Dr.) T.R.Subramanya * Aruna L ** Introduction While documentaries and allegations of students being sexually abused also raped in a few cases in the college campus is very frequently seen and read about, the reports furnished by the universities with regard to the occurrences of sexual harassment is very minimal. For instance, in the documentary ‘The Hunting Ground’1 several students from across various prestigious universities like Harvard Law School, Yale University, Stanford University, etc., complained that they were sexually abused and when they did complain, they were questioned about their integrity and a negligible number of cases actually resulted in expulsion or action against the perpetrator. Students in the United States can also use the provisions against sexual harassment under Title IX of the Educational Amendments Act, 19722 , which was enacted to specifically protect students since Title VII of the Civil Rights Act, 19643 provide to protect only employees. Alexander v Yale University’s case4 which is one of the first cases of its kind where women and men, including students and faculty, gave a high sign about the incidence of sexual harassment in the campus and persisted on immediately attention and action of the college authorities to take appropriate action.5 Being the pioneers, they * MPhil & PhD (JNU), Dean, School of Legal Studies CMR University **Asst. Professor and Research Scholar, School of Legal Studies CMR University 1 The Hunting Ground is a 2015 documentary film about the incidence of sexual assault on college campuses in the United States and what its creators say is a failure of college administrations to deal with it adequately. Video available at The Hunting Ground (2015), http://thehuntinggroundfilm.com/ (last visited Dec 23,2019) 2 Title IX of the Education Amendments of 1972, 20 U.S.C. A§ 1681 ET. SEQ. The main object of Title IX is that ‘No person in the United States of America shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any education programme or activity receiving Federal financial assistance.’ 3 Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. 4 Alexander v. Yale, 631 F.2d 178 (2d Cir. 1980) 5 Elaine D. Ingulli, “Sexual Harassment in Education” 18 RUTGERS L.J. 281 - 342 (1987) 2 BANGALORE UNIVERSITY LAW JOURNAL 2019 did not get the desired result or any remedy, but they sure made an impression and Yale University set up an Anti - Sexual Harassment committee within its campus. The Role of Educators The in loco parentis principle make it obligatory on educators to step into the shoes of the parents since the educators are the protectors in the campus. Due to the vulnerability of students and the higher and influential position of the educator, very often, instead of acting as the guardian of the student, they become predatory.6 What makes campus sexual offences by faculty different from sexual harassment at the workplace is that the availability of fresh victims and the opportunity to commit the same crime multiple times.7 The reason is that students who are in higher educational institutions are time-bound.