Wednesday, May 30, 2012

Constitutional Validity of Narco-analysis: Valid Defence of Public Interest or a Result-motivated Stand?

This article was written  by one of our Ghost Writers

Introduction: “Nemo Tenetur Seipsum prodere”
Constitutional Validity of Narco-analysis: Valid Defence of Public Interest or a Result-motivated Stand?
Narco analysis 
In the current scenario, technology has been seen outpacing the law, and some of the main tools of this technological advancement are the methods of narco-analysis, brain mapping and lie detector tests that are extensively used by police for criminal investigation. The paper examines the extent of their permissibility in the legal framework that recognizes the conflicting interests manifested in the form of individual fundamental rights versus larger public interest. The paper analyzes the progressive decision[1] by a three-judge bench that

Friday, May 25, 2012

Critical Analysis of the Coastal Regulation Zone (CRZ) Notification, 2011

This article is written by Sushant Shetty.

For the purpose of protecting coastal resources from depletion and degradation and to manage developmental activities along the coastline, the Ministry of Environment and Forests (MoEF), Government of India, on February 19, 1991, issued the Coastal Regulation Zone (CRZ) Notification in 1991 under the Environment (Protection) Act, 1986. This notification declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters influenced by tidal action upto 500 metres from the ‘High Tide Line’ (“HTL”) and land between ‘Low Tide Line’ (“LTL”) and the HTL as the Coastal Regulation Zones (CRZs). Restrictions were imposed on developmental activities and the notification would accordingly regulate the use of land within 500 meters of the coast & 100 meters along the tidal-influenced water bodies. (The notification can be viewed here.)

There have been about 25 amendments to this notification from 1991 till 2009, as several state governments and other stakeholders expressed difficulties in implementing its provisions, some of which have been based on the directions of the Supreme Court. Eventually this notification was

Thursday, May 24, 2012

The Importance of IPR in the Business World

“The future of the nation depends in no small part on the efficiency of industry, and the efficiency of industry depends in no small part on the protection of intellectual property." 
                                    -Judge Richard Posner[1]

Top secret logo stamp red ink square
In today's economy, companies must innovate if they wish to succeed and endure. The emerging scenario in India appears to be one of domination of industries such as information technology, communication and other knowledge based industries. Hence, it is of the utmost importance that attention be paid to IPR related agreements and transactions. Let us understand the Importance of IPR in the businesses world:

 Intellectual Property makes your business distinguishable and

Thursday, May 17, 2012

Shoeshine: The Endangered Profession

(Also read article on Plight of Street Vendors)

Shoe shine man polishing shoes at railway station, andheri bandra cst central railway shoe polishers
Summary: They are a quite breed; the only sound you will hear them make is that of them hitting their wooden boxes. Some avail their services every week day; some just before an important interview; the others don’t even notice they are there. The profession of polishing shoes is one that has always been looked down upon. Shoe shine men do not make much but they are hard workers looking to make a decent living. They do not make as many headlines as Auto rickshaw drivers or street vendors. Their numbers may be few and substantially decrease every year, but that is only because of the low earning potential and mental attitude towards dealing with people’s feet. Those handicapped

Thursday, May 10, 2012

Tortious Liability in the Case of Misuse of Personal Information

This article is written by Ashutosh Singh.
(Also read article on basics of Law of  Torts.)

DATA PROTECTION LAWS IN VARIOUS COUNTRIES: This part specifically deals with the laws relating to data protection and laws relating to protection of infringement of right to privacy in foreign countries. The role and contribution of European Union on data protection and privacy laws have also been mentioned in the chapter to show the concern of international organisations on privacy law.   The Privacy Act of 1974, United States of America Roots of the Privacy Act of 1974 can be traced as far back as 1965 when hearings were held by the House of Representatives Special Subcommittee on Invasion of Privacy.[7] Privacy Act of 1974 is a companion to and extension of the Freedom of Information Act of 1966 (FOIA).[8] The Privacy Act of 1974[9] establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual.[10] The prohibition of disclosure of information from a system of records is the main area of focus of The Privacy Act of 1974. The Act set forth some basic principles of “fair information practice” and provided individuals with the right of access to information about themselves and the right to challenge the contents of records. It required that personal information may only be disclosed with the individual’s consent or for purposes announced in advance. The Act required federal agencies to publish an annual list of systems maintained by the agency that contain personal information.
Tortious liability arises  from the breach of a duty primarily fixed by law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”[1] Salmond defined Tort as “a civil wrong for which the remedy is a civil law action for unliquidated damages and which is not exclusively the breach of contract or breach of a trust or other merely equitable obligation.” Furthermore, Limitation Act defines Tort as civil wrong which is not exclusively a breach of contract or breach of trust.[2]

From the above definitions of tort or tortious liability, the basic idea of what tortious liability becomes apparent. The first part of the topic deals about what tortious liability actually is; the same has been done taking into account of Indian as well as outside world context. The second part of the topic ‘misuse of personal information’ has been dealt with in light of various Indian and foreign statutes. ‘Misuse of personal information’ in true terms means 

Sunday, May 6, 2012

Development of Patent in Bio Technology: Brief Study from Patent in Micro- organisms to Cereals

This article is written by Vishal Vijayvargiya.

tomatoes vegetables injected biotechnology bio patents. Cereals like rice and wheat are an important protein source. However, they are not nutritionally very efficient as they have very low concentrations of several essential amino acids, like tryptophan and lysine. Legumes like peas also have low concentrations of sulphur-containing amino acids. These amino acids are considered essential because the body cannot synthesise them by it. With the advent of recombinant DNA technology, the protein content of these legumes and cereals can be enhanced, improving their nutritional quality. Genes can be obtained from any source. But I thought it to be more appropriate to isolate a seed protein gene, as this was unlikely to create problems when incorporated into cereals or legumes using genetic engineering techniques. To do this, I chose the Amaranthus plant, because its seeds contain reasonably high quantities of the essential amino acids. In India, The Indian Patent office guidelines with regard to Biotech related patents can be best described as inconsistent and grossly inadequate. The word gene or DNA does not appear anywhere in the Indian Patent Act nor there is any special directive issued by GOI for according legal protection to Biotechnology related inventions. The only reference for the same can be found in the Examination Manual Chapter 8 which deals with Examination and Grant of Patent applications. The Manual is currently in its third edition and has undergone substantial changes since the time it was introduced. The manual is not a binding document as it is not issued under any provisions of the Patent Act, but serves as an informal written guidance for the Examiners at the Patent office. The current as well as the 2008 edition of the Manual regards claims to ‘genetically modified Gene Sequence/ Amino Acid Sequence, a method of expressing the sequence, an antibody against that protein / sequence, a kit containing such antibody / sequence’ as having a single inventive concept and capable of being granted a patent. The above text can be found under the explanation for section 10(5) Unity of Invention. The Patent office indeed does consider claims to genetically modified sequences for grant of Patent, something which I can confirm from the experience of handling prosecution of numerous patent applications claiming DNA and protein sequences. The term ‘Genetically Modified Sequence’ however restricts smooth prosecution of only those inventions which relate to modifying known genes sequences or synthesis of a completely new gene sequence in the lab. To meet the novelty and inventive criteria, the modified gene sequence should not have existed in nature or should differ in at least one aspect from its identical copy in the nature. The difference can be a change of a single base pair which could provide new function, property or configuration to the protein molecule encoded by the gene sequence.
Abstract: Cereals like rice and wheat are an important protein source. However, they are not nutritionally very efficient as they have very low concentrations of several essential amino acids, like tryptophan and lysine. Legumes like peas also have low concentrations of sulphur-containing amino acids. These amino acids are considered

Compulsory voting to revive the election process in India?

The above article is written by Anagha Lokhande.

Indian Celebrity actress Diya Mirza after voting election showing dot on fingerFlags flaring on the bikes as they race through the streets marking the party’s win, jubilant leaders celebrate their success during the elections…its one of the biggest day in India, where the whole nation teams up to elect their candidates to the government because after all we are the Democracy; government by the people, for the people, of the people! But surprising where are all the people?

The recently held BMC elections in Mumbai had just 46% turnout while of the times India sees a turnout of average 45%-51%, which is

Friday, May 4, 2012

Statelessness and Obligations Of International Community

This article is written by Jasmine  Kaur.

One day, I was standing between the borders, and could not get into either country. It was the most unforgettable experience in my life! I could not enter the State where I had been; also I couldn’t get into the State where I was born, raised and lived! Where do I belong? I still cannot forget the strong feeling of loss I experienced at the airport.”
Chen, who was formerly stateless

Statelessness is a phenomenon as old as the concept of nationality.[1] Nationality is a legal relationship between an individual and a state that “confers mutual rights and duties on both” and has been called “man’s basic right, for it is nothing less than the right to have rights.”[2] Statelessness is a situation in which a person “is not considered as a national by any state under the operation of its law” (Statelessness Convention, Article 1). In other words, statelessness refers to a