P a g e | 1

Master of Laws (LL.M.)

(Duration -2 years)

MISSION STATEMENT

The mission of the VBU Law College is to advance the study of law-

through interdisciplinary academic study, through commitment to excel in

liberal and professional education, through cooperative study involving

teachers, researchers, members of Bar and Bench, civil society organizations

and theorists.

OBJECTIVE

The objectives of the Master of Laws programme are as follows:

The students not only know the law but also can to use it in the

best interest of multicultural society

Build analytical foundation of the students to enter into the

theoretical world of legal discourse. Thus enable them to critically

examine the existing dogmas and belief and create new

foundations.

GENERAL INSTRUCTIONS

The Master of the Laws (LL.M.) course running under the aegis of

Vinoba Bhave University Law College will be a full time course of study

spreading over a period of four (4) academic semesters each of 6 months

duration. The course cannot be pursued simultaneously with any other full‐time

course or employment.

P a g e | 2

ADMISSION SCHEDULE

Admission to the LL.M. course shall be ordinarily made in the

first semester at the beginning of each academic year. The

admission notification and advertisement for the same is expected

in the first week of April.

ELIGIBILITY CRITERIA

A candidate seeking admission to the course must possess a

Bachelor Degree in the field of law with a minimum of 45% marks

or equivalent grade / CGPA. The same for SC/ST/PH candidates

shall be 45%. Rounding off of marks will not be allowed.

Only such candidates, who possess a bachelor degree of law for

many recognized Indian or foreign University incorporated by any

law for the time being in force or such other examinations has

been recognized equivalent, shall be considered for admission.

Candidates appearing for bachelor degree (law) examination or

those awaiting for result, are also legible. However, if such a

candidate secures a seat, his/her admission shall be provision a

land will be confirmed only when all the prerequisites for

admission are fulfilled within the stipulated time frame as decided

by the University.

DISTRIBUTION OF SEATS

The total number of candidates to be admitted in the LL.M. shall

be Forty (40) with the distribution as per the reservation policy of

the University.

The University reserves the right to make special provision for

P a g e | 3

admission to candidates belonging to any other disadvantaged

group/s.

ADMISSION PROCESS

Admission will be made purely on the basis of candidate’s

performance in the VBU Law College test either in form of

written/merit for the concerned course.

Details regarding Admission Notification, Mode of Application,

Last Date for receiving application forms, Application Fee,

Entrance Examination Syllabus, Exam Date, Test Centres,

Publication of Result and Counseling shall be followed in

accordance to the schedule and guidelines of VBU Law College.

Admission Deadlines shall be notified accordingly.

Classes shall commence from the 1st or 2nd week of July at the

VBU Law College Campus, Hazaribagh.

IMPORTANT INSTRUCTIONS

The medium of instruction, examination, viva-voce, interview or

any other academic activity relating to the course shall be English.

A student admitted to the course must attend a minimum of 75%

of the lectures, seminars and tutorials conducted in the VBU Law

College. Apart from this, field work or library visits also form a

mandatory part of the course. Failure in fulfilling these

requirements nullify the entitlement of a candidate for appearing

in the written examination or viva-voce or both.

If at any time, it is discovered that a candidate has made false or

incorrect statement(s) or any fraudulent means have been used for

securing admission his/her name shall be immediately removed

P a g e | 4

from the rolls of the University. The VBU Law College may also

recommend for removal of the name of a student from the course

on the basis of unsatisfactory performance or indiscipline or on

grounds of medical unfitness or any other activity deemed

unsuitable or erroneous.

Ragging is totally banned at the VBU Law College campus

including its departments/centres, constituent units, all its premises

(academic, residential, sports, canteenetc.) whether located within

the campus or outside and in all means of transportation of

students whether public or private, and anyone found guilty of

ragging and/or abetting ragging is liable to be punished including

immediate cancellation of admission or suspension.

CHOICE BASED CREDIT SYSTEM (CBCS)

Under the Choice Based Credit System of education, students apart from

their corecourses, have the freedom to opt and study any other course offered

by the VBU law College of their choice as long as they fulfill the

prerequisites for that course.

According to established norms of the UGC and incorporated in the VBU

Law College :

OneCreditisequalto15 hours of instruction per semester either in

the form of lecture or tutorial and it shall include time devoted in

field study or library visit during the writing of Dissertation.

The VBU Law College, LL.M. programme will follow the Choice

Based Credit System (CBCS) of education and shall be divided as

follows:

Core Course :

P a g e | 5

Core courses are those, knowledge of which is deemed essential

for students registered for a particular programme. Core courses

shall be mandatory and a student must pass in all the core courses.

Each core course shall be of 4 credits (3 Lecture+ 1Tutorial).

Research Dissertation shall carry 8 credits (2 Tutorial+6

Practical).

Elective Course:

Elective courses are intended to allow students to specialize in one or

more branches of the broad subject area or acquire knowledge and skill in a

related area that may have applications in the broad subject area or bridge any

gap in the curriculum and enable acquisition of essential skills or help pursue

an area of interest of the student.

The VBU Law College elective courses shall be classified in two

categories i.e. Human Rights Law and Environment Law

SCHEME OF EXAMINATION AND EVALUATION

The LL.M. programme shall consist of 12 courses along with

compulsory submission of are search dissertation at the end of the final

semester. For evaluating the enrolled students GRADING SYSTEM shall be

followed.

THE ORITICAL COURSES

For every theoretical course (either core or elective), there shall be an

End Semester Exam at the completion of every semester. Prior to that, there

shall be a sessional test. The sessional test would carry 30% weight age where

as the End Semester Exam will account for there maining 70% of the

P a g e | 6

evaluation.

End Semester Exam :

There shall be one End Semester Examination of 3 hours duration

carrying 70% evaluator weight age for each theoretical course. It shall cover

the entire syllabus prescribed for the course.

Sessional Tests :

For every theoretical course, there shall be a sessional test. The sessional

test shall not be limited to questions and answer format. The concerned faculty

may incorporate innovative methods to test the analytical skills of the students. It

may include book reviews, term papers, presentation etc.

DISSERTATION COURSES

Every student enrolled in the LL.M. programme, shall have to

mandatorily submit a concisere search dissertation (not exceeding 150 pages) at

least a fortnight before the commencement of end semester examination of the

4th semester. The dissertation shall carry weight age equivalent to two

theoretical papers.

Before final submission of dissertation, every student shall present a

synopsis of there search topic at the department. The faculty members shall

ensure that overlapping of the research topic be strictly avoided. Dissertation

shall be in the area of the specialization.

The dissertation shall be evaluated jointly by the supervisor and one

external examiner. In the course of evaluation 60% weight age will be awarded

for assessing the quality of dissertation, 20% for its presentation and 20% for

viva-voce/ interview concerning the topic of dissertation.

P a g e | 7

Master of Laws (LL.M.)

(Duration -2 years)

COURSE STRUCTURE AND CREDIT DISTRIBUTION

SEMESTER -I

Sl. NAME OF THE COURSECREDIT DISTRIBUTION

TOTALLecture Tutorial Practical

1.Philosophical Foundation of Indian

Constitution3 1 0 4

2. Foundations of International Law 3 1 0 4

3. Jurisprudence 3 1 0 4

4. Research Methodology 3 1 0 4

GRAND TOTAL 16

SEMESTER –II

Sl. S NAME OF THE COURSECREDIT DISTRIBUTION

TOTALLecture Tutorial Practical

1. General Themes and

Principles of

International Human

Rights Law3 1 0 4

2.Climate Change Law

and Policy

International

Humanitarian Law3 1 0 4

3.Natural Resources

Conservation Law

Human Rights and

Duties in India3 1 0 4

4.

Global Environment

Governance

Law and Social

Transformation in

India

3 1 0 4

GRAND TOTAL 16

P a g e | 8

SEMESTER –III

Sl. S NAME OF THE COURSECREDIT DISTRIBUTION

TOTALLecture Tutorial Practical

1.Biological Diversity and

Legal Order

Human Rights

Law and Tribal

Peoples

3 1 0 4

2.Prevention and Control

of Pollution

Refugee Law3 1 0 4

3.Trade and Environment

Human Rights Law and

Tribal Peoples

Women and

Human Rights and

Duties

3 1 0 4

4.Environmental Dispute

Resolutions

Working Class and

Human Rights 3 1 0 4

GRAND TOTAL 16

SEMESTER –IV

Sl. SUBJECT

CODE

NAME OF THE COURSECREDIT DISTRIBUTION

TOTALLecture Tutorial Practical

1. Library Study/ Field Work

based Dissertation0 2 6 8

GRAND TOTAL 8

P a g e | 9

PHILOSOPHICAL FOUNDATION OF INDIAN CONSTITUTION

Theory of Constitutionalism : Concept Context and Content;

Constitutionalism in India

Federalism: Concept of Federalism, Indian Constitution and its

Federal Nature, Comparative Study with USA and Australian

pattern,, Comparative Federalism.

Distribution of Legislative Power: The scheme of the distribution

of legislative powers in India and a comparative study of the

scheme of U.S.A. and Australia. The judicial approach and the

present position in Indian Context. Recommendation of Sarkaria

Commission & Venkatachaliah Commission, Punchhi Commission

The Judiciary: Independence of Judiciary and the Nature of

Judicial Process, Decision Making in the Supreme Court, Judicial

Activism , Accountability

Right to Equality: Scope of the right to Equality. New approach

of Article 14. Equality of opportunity in matters of public

employment and in admission to educational institutions.

Freedom of Speech and Expression: The area of freedom and its

limitation. Freedom of Press and challenges of new scientific

development.

Emerging regime of new Fundamental Rights: The changing

dimension of right to life and Personal Liberty. Reading Directive

Principles and Fundamental Duties into Fundamental rights.

Right to Freedom of Religion: The scope of the freedom and the

State Control. Secularism and religious fanatism.

P a g e | 10

Suggested Readings :

U. Baxi, The Indian Supreme Court and Politics (1980), Eastern,

Lucknow.

H.M. Seervai, Constitutional Law of India (1991), Tripathi,

Bombay.

Sudha Bhatnagar, Union-State Financial Relations and Finance

Commissions, (1979)

Ashok Chandra, Federalism in India, (1965)

V.D. Sebastian, Indian Federalism: The Legislative Conflicts Chs.

6-7 and 8 (1980).

Chandrapal, Centre-State Relations and Cooperative Federalism,

Chs. 5 and 8 (1983)

G.C.V. Subba Rao, Legislative Powers in Indian Constitution Law,

Chs. 37, 38, 39 (1982)

Richard M. Pious, The American Presidency, 293-331, Ch. 9

(1979)

Daniel J. Elazar, American Federalism, Chs. 3 and 4 (1984)

K.P. Krishna Shetty, The Law of Union-State Relations and the

Indian Federalism Ch.

M.P. Jain, Indian constitutional Law (1994), Wadhwa.

Judicial Activism in India : Transgressing Borders and Enforcing

Limits : S. P. Sathe, OUP India, Paperback-November 6, 2003.

The Indian Constitution : Cornerstone of a Nation (Law in India

S.) : Granville Austin, OUP India, Paperback-October 1999.

Subverting the Constitution : G. G. Mirchandani, Abhinav

Publications, Paperback-June 16, 2003.

P a g e | 11

Justice V. R. Krishna Iver on Fundamental Rights and Directive

Principles : S. Chander, Deppt & Deep Publications. Hardcover-

September 1, 2002.

The Constitution of India : V. Grover, Deep & Deep Publications,

Hardcover-Septemver 1, 2002

The Indian Constitution and International law (International Law in

Asian Perspective) : P. Chandrasekhara rao, Brill, Hardcover-

January 1995.

Fifty Years of the Supreme Court of India : Its Grasp and Reach :

Indian Law Institute (Editor), OUP India, Hardcover-November

2000

FOUNDATION OF INTERNATIONAL LAW

P a g e | 12

Historical Introduction an introduction to the international legal system,

The use of force and development and enforcement of international law

Sources of International Law formation and ascertainment of customary

international law; treaties and other special commitments; general

principles; acts of international organisations; unilateral acts; hierarchy of

and relation between sources of law (obligations ergaomnes, peremptory

norms (jus cogens), etc).

International Law in Domestic Courts  the constitutional framework;

justifiability and act of state doctrine; treaties and customary international

law in the cases before the domestic courts; international law in specific

domestic practice areas (with special reference to Indian Judicial

Approach).

Persons  Statehood (creation, continuity and extinction); governments;

representation of people; recognition; international organisations (status

and personality); self-determination; other subjects of international law

(groups, individuals, etc); continuity of legal personality.

Jurisdiction and Immunity  extent and limits on state jurisdiction;

exclusivity of jurisdiction; enforcement jurisdiction and its alternatives

(intervention, etc); jurisdiction over international spaces; immunities from

jurisdiction

Responsibility basis of responsibility; the ILC Articles on State

Responsibility; claims; remedies, especially countermeasures;

responsibility of international organisations.

Suggested Readings :

Arend, Anthony Clark and Robert J. Beck, International Law and

P a g e | 13

the Use of Force:Beyond the UN Charter Paradigm (Routledge,

New York, 1993).

Arend, Antony, Clark and Robert J. Beck, International Law and

the Use of Force: Beyond the UN Charter Paradigm (Routledge,

New York, 1993).

Anghie, Antony, Imperialism, Sovereignty, and the Making of

International Law (Cambridge University Press, Cambridge, UK,

2004).

Balkrishna, Rajgopal, International Law from Below:

Development, Social Movements and Third World Resistance

(Cambridge University Press, UK, 2004).

Brierly, J. L., Law of Nations: An Introduction to the Law of

Peace, 6th ed (Oxford University Press, London, 1998).

Brownlie, Ian, Principles of International Law, 5th ed (Oxford

University Press, London, 1998).

Chesterman, Simon, Just War or Just Peace? Humanitarian

Intervention & International Law (Oxford university press, 2001)

Chimni, B. S., International Law and Wrold Order: A Critique of

Contemporany Approaches (Safe, New Delhi, 1993)

Conforti, Benedetto, The Law and Practice of the United Nations

(Martinus Nijhoff Publishings, 2005).

Cherhine, North and Fawcett, James, Private International Law

(Carruther Jawrr, Oxford, 2008). 21. Dixit, R.K. & Jayaraj, C,

Dynamics of International Law in the New Millennium (Manak

Publications, New Delhi,

Dixit, R.K. , Shankardass, R.K.P., Jayaraj, C & Sinha, Manoj K.,

P a g e | 14

International Law: Issues and Challenges( ISIL & Hope India

Publications, New Delhi, 2009)

Govindraj, V. C., Conflict of Laws in India-Interterritorial and

Inter-personal Conflicts (Oxford University Press, New Delhi,

2011)

Green, L. C., International Law through the Cases, 3rd ed (Stevens

and Sons, London, 1970).

Harris, D. J., Cases and Materials on International Law, 6th ed

(Thomson and Sweet and Maxwell, London, 2004).

Nirmal B C, The right to self-determination in international law:

evolution, U.N. law and practice, new dimensions, Deep & Deep

Publications, , 2007,

JURISPRUDENCE

Introduction :

P a g e | 15

Jurisprudence: Definitions, Difficulties in Defining

Jurisprudence; Legal Theory: Its Definition, Law and Ethics, Law

and Morality, Law and Justice; Jurisprudence and Legal Theory:

Similarities and Dissimilarities

Nature and Scope of Jurisprudence

Natural Law School :

Basic Tenets of the Natural Law School

Thomas Aquinas, John Finnis, Lon Fuller

The Analytical School :

Legal Positivism

John Austin, Jeremy Bentham, H. L. A. Hart, Hans Kelson.

Dworkin

The Historical School :

Basic Tenets of the School

Fried rich Karl Von Savigny, Henry Maine

The Sociological School :

Basic Tenet Sociological School

Roscoe Pound

The Realist School :

Basic Tenet of the School

P a g e | 16

Challenges to Traditional Legal Theory

Critical Legal Theory

Post Modernism

Feminist Jurisprudence

Concept of Justice : Rawls, Amartya Sen, Nozick

Concept of Rights and Duties: Hohfeld’s Analysis

Suggested Readings :

Agarwal, K. B., Sociological Jurisprudence and Legal Philosophy,

Universal Book Company, Jaipur, 1993.

Agarwal, Nomita, Jurisprudence: Legal Theory, Eight Edition,

Central law Publications, Allahabad, 2010.

Austin, John, The Province of Jurisprudence Determined,

Universal Publishing Company, Delhi, 2005.

Austin, John, The Province of Jurisprudence Determine and the

Uses of the Study of Jurisprudence, Weidenfeld and Nicolson,

London, 1954.

Bhargava, Rajeev, Michael Dushe, Helmut Reifieldet. al., Justice-

Political, Social, Juridical, Sage Publications Inc., New Delhi,

2008.

Bentham, Jeremy, A Fragment of Government; or, A Commenton

the Commentaries, Second Edition, W. Pickering, London, 1823.

Bix, Briann, Jurisprudence: Theory and Context, Sweet and

Maxwell, London, 2006.

Boderheimer, Edgar, Jurisprudence the Philosophy and Method of

P a g e | 17

the Law, Universal Law Publications, New Delhi, 2006.

Buyse, Antoine, Michael Hamilton, et.al., Transitional

Jurisprudence and the ECHR- Justice, Politics and Rights,

Cambridge University Press, New York, 2011.

Coleman, Jules, The Practice of Principles: In Defense to

Pragmatic Approachto Legal Theory, Oxford University Press,

Oxford University Press, Oxford, 2001.

Detmold, M. J., The Unity of Law and Morality: A refutation of

Legal Positivism, Routeledge and Kegan Paul, London, 2001.

Dhyanni, S.N., Fundamentals of Jurisprudence-The Indian

Approach, Third Edition, Central Law Agency, Allahabad, 2011.

Dickson, Julie, Evaluation and Legal Theory, Hart Publishing,

Oxford,2011.

Doherty, Michael, Jurisprudence-The Philosophy of Law, Old

Bailey Press, London, 2011.

Dwivedi, S.P., Jurisprudence and Legal Theory, Fifth Edition,

Central Law Publications, 2007.

Freeman, M. D. A., Lloyd’s Introduction to Jurisprudence, Sweet

and Maxwell, London, 2001.

George, Robert, PI (Ed.) The Autonomy of Law: Essayon Legal

Positivism, Clarendon Press, Oxford, 1995.

Hart, H.L.A., The Concept of Law, Second Edition, Oxford

University Press, New Delhi, 2010.

Holland, K.C. Thomas Erskine, The Elements of Jurisprudence,

Thirteenth Edition, Universal Law Publications, New Delhi,

Central Law Publications, Allahabad, 2011.

Koul, Avtar Krishen, A Text book of Jurisprudence, Satyam Law

P a g e | 18

International, New Delhi, 2009.

Paranjpee, N.V., Studies in Jurisprudence and Legal Theory, Sixth

Edition, Central LawAgency, Allahabad, 2011.

Paton, G.W., Text Book on Jurisprudence, Oxford University

Press, New Delhi, 2007.

Ratnapala, Suri, Jurisprudence, Cambridge University Press India

Private Limited, New Delhi, 2011.

Rawls, John, A Theory of Justice, Universal Law Publishing

Company Private Limited, Delhi-2011.

Simmonds, Nige lE., Central Issues in Jurisprudence, Third

Edition, Sweet and Maxwell Limited, London, 2010.

Tebbit, Mark, Philosophy of Law, Second Edition, Routledge, New

York, 2005.

Tiwari, G. S., A Textbook of Jurisprudence, Second Edition,

Central Law Agency, 2010.

Tonapi, Neena Madhav, Textbook on Jurisprudence, Universal

law Publishing Company Private Limited, 2010.

GENERAL THEMES AND PRINCIPLES OF INTERNATIONAL

ENVIRONMENTAL LAW

P a g e | 19

Introduction:

Environment Law –An Overview

Sources of Environment Law:: Law of Treaties, Customary

International Law, General Principles of Law, Judicial Decisions

and Qualified Teachings

Sovereignty over Natural Resources

Obligation Notto Cause Damage

Principles of Preventive Actions and Precaution

Polluter Pay Principles and Equitable Sharing of Cost

Public Trust Doctrine

Sustainable Development

Equitable Utilization

Common but Differentiated Responsibilities

Access to and Benefit Sharing regarding Natural Resources

Common Heritage and Common Concern of Humankind

Good Governance

Suggested Readings :

Birnie, P. and Boyle, A. E.(2002) International Law and the

Environment, 2nd edition, Oxford: Oxford University Press.

 Sands Phillppe, Jacqueline Peel, Adriana Fabra Aguila ,

(2012), Principles of International Environmental Law,

Oxford: Oxford University Press.

WEISS, EDITH BROWN. "INTERNATIONAL ENVIRONMENTAL

LAW: CONTEMPORARY ISSUES AND THE EMERGENCE OF A

P a g e | 20

NEW WORLD ORDER." GEORGETOWN LAW JOURNAL, VOL.

81, NO. 3 (MARCH, 1993): PP. 675-710.

PETSONK, CAROL ANNETTE. "ROLE OF THE UNITED NATIONS

ENVIRONMENT PROGRAMME (UNEP) IN THE DEVELOPMENT OF

INTERNATIONAL ENVIRONMENTAL LAW." AMERICAN UNIVERSITY

JOURNAL OF INTERNATIONAL LAW AND POLICY, VOL. 5, NO. 2

(1990): PP. 351-392.

Schrijver Nico, Sovereignty Over Natural Resources

Balancing Rights and Duties , Cambridge University Press

(2008).

Robinson F Daniel, Biodiversity, Access and Benefit-

Sharing: Global Case Studies, Routledge (2015)

RESEARCH METHODOLOGY

P a g e | 21

Research:

Conceptual Understanding and Objectives

Types of Research- Fundamental, Applied, Empirical, Conceptual,

Exploratory and Explanatory

Approaches of Research-Qualitative, Quantitative, Pragmatic,

Participatory

Doctrinal and Non-Doctrinal Research

Key Factors in Socio-Legal Research :

Etic and Emic Perspective in Research

Reflexivity in Social Research

Relevance of Cultural Relativism in research

Avoiding Ethnocentrism in Research

Ethics and Moral in Conducting Research-Intellectual Property

Right Issues, Informed Consent, Confidentiality and Privacy,

Plagiarism and other malpractices

Jurimetrics : Concept and Aspects

Research Techniques :

Inductive and Deductive Method of Research

Cross-Cultural Comparison

Historical Method

Triangulation Technique

Survey: Concept, Types, Difference with ethnographic

research methods, Merits and Demerits

PRA/PLA and RRA

Projective Testing Techniques

P a g e | 22

Judicial Impact Assessment

Research Design :Basic Concept and Types, Major Steps in

formulating Research design

Sampling: Basic Understanding, Merits, Demerits and its basic

types

Data Collection Techniques: Observation, Interview, Schedule,

Questionnaire, Case study, Library Method, Genealogical Table

Method

Quantative Analysis of Data

Qualitative Analysis of Data

Research Methodology :

Hypothesis: Concept and its importance in research

Pilot Study

Concept Mapping

Rapport Establishment

Relevance of Bibliographical and Literature Review (including

juristic literature and decisional material which have not been

over-ruled)

Report Writing :

Key factors that must be taken in to consideration while preparing

dissertation/research report.

P a g e | 23

Ahuja, Ram: Research Methods, Rawat Publications, Jaipur, India.

Bernard, H Russell: Research Methodsin Anthropology:

Qualitative And Quantitative Approaches, Rowman Altamira.

Bernard, H. Russell: Social Research Methods: Qualitative and

Quantitative Approaches, SAGE Publications.

Colman, Andrew M. and Briony D. Pulford: A Crash Course in

SPSS for Windows: Updated for Versions 14, 15, and 16, John

Wiley & Sons.

Cooley, Linda: Dissertation Writing in Practice-Turning Ideas Into

Text, Hong Kong University Press.

Danda, Ajit K.: Research methodology in anthropology, Inter-India

Publications.

Ember, Carol R. and Melvin Ember: Cross-Cultural Research

Methods, Rowman Altamira.

Fischer, Michael D.: Applications in Computing for Social

Anthropologists, Routledge Publication.

Goode, William Josiah and Paul K. Hatt: Methods in Social

Research, Mc Graw Hill.

Hinton, Mark Justice :Windows 7 For Seniors For Dummies, John

Wiley & Sons.

Johnson, Steve: Microsoft Windows 7: Complete, Cengage

Learning.

Kirkpatrick, Lee A. and Brooke C. Feeney: A Simple Guide to

SPSS: For Version 17.0, Cengage Learning.

Lecompte, Margaret D. and Jean J. Schensul: Designing &

Conducting Ethnographic Research: An Introduction, Rowman

Altamira.

P a g e | 24

Madrigal, Lorena : Statistics for Anthropology, Cambridge

University Press.

Mc Conville, Michael and Wing Hong Chui: Research Methods

for Law, Edinburgh University Press.

Mills,W. R.: Microsoft Windows 7a Beginner's Guide, Author

House.

Murray Michael D. and Christy Hallam De Sanctis: Legal research

methods, Foundation Press.

Murray, Robert Thomas and Dale L. Brubaker: Theses and

Dissertations-A Guide to Planning, Research, and Writing, Green

wood Publishing Group.

Murray, Rowena :How to Writea Thesis, McGraw-Hill

International.

Pallant, Julie: SPSS Survival Manual: A step by step guide to data

analysis using SPSS, Mc Graw-Hill International.

Pelto P. Jand G. HPelto: Anthropological Research: The Structure

of Inquiry, Cambridge University Press.

Poggie, John J. and Billie R. De Walt: Anthropological Research:

Processand Application, SUNY Press.

Shelly, Gary B. and Misty E. Vermaat: Microsoft Office 2010-

Introductory, Cengage Learning.

Shoup, Kate : Office 2010 Simplified, John Wiley & Sons.

Stanek,William:Windows 7: The Definitive Guide, O'Reilly Media,

Inc.

Starr, June and Mark Goodale: Practicing Ethnography in Law:

New Dialogues, Enduring Methods, Palgrave Macmillan.

Swetnam, Derek: Writing Your Dissertation-Howto Plan, Prepare

P a g e | 25

and Present Your Work Successfully, How To Books Ltd.

Wang,Wallace:Office2010 For Dummies, John Wiley & Sons.

Young, V. Pauline : Scientific Social Surveys And Research, Phi

Learning.

CLIMATE CHANGE LAW AND POLICY

Introduction:

P a g e | 26

The Science of Climate Change, Climate Change Problem. The

International Legal Regime of Climate Change

The Vienna Convention for the Protection of the Ozone Layer

1985 and the Montreal Protocol on the Substance that Deplete the

Ozone Layer

The Emergence of IPCC

The United Nation Framework Convention on Climate Change :

the historical background, objective, Conference of Parties (COP),

Subsidiary Bodies,

Kyoto Protocol: Legal Aspects of Carbon Trading

Kyoto and Beyond

UN REED programme

Global Environment Fund

National Law and Policy on Climate Change :

Status under International Environmental Law

Climate Change Impacts in India

Laws on Climate Change: The Environment Protection Act ; The

Air Act of 1981; The Ozone Depleting Substance (Control and

Regulation) Rules, 2010, Recycled Plastics Manufacture and Usage

Rules, 1999

National Action Plan on Climate Change 2008

India: Taking on Climate Change – Post Copenhagen Domestic

Actions, 30 June 2010

India’s 12th Five-Year Plan, October 2011

National Electricity Plan, January 2012

Integrated Energy Policy Report, 2006

India: Greenhouse Gas Emissions, 2007

P a g e | 27

National Solar Mission (consequence of National Action Plan on

Climate Change), June 2010

Incentives for Wind Power, 2009, ceased March 2012

Solar Power Generation Based Incentive, 2008

Energy Conservation Building Code, 2007

Ethanol Production Incentives, 2007

Tariff Policy, 6 January 2006, amended 2011

National Electricity Policy, 3 February 2005

National Auto Fuel Policy, 2003

Suggested Readings :

Verheyen Roda, Climate Change Damage and International Law:

Prevention Duties and State Responsibilty, Martinus Nijhoff

Publishers (2007)

Lavanya Rajamani & Shibani Ghosh, India, in CLIMATE

CHANGE LIABILITY, 139-77 (Richard Lord et al. eds.,

Cambridge University Press 2011).

Indian Climate Change Policy (Exploring a Co-Benefits Based

Approach)

Dubash, Navroz K., D. Raghunandan, Girish Sant, and Ashok

Sreenivas. "Indian Climate Change Policy Exploring a Co-Benefits

Based Approach." Economic and Political Weekly (n.d.): n.

pag. Epw.in. Economic and Political Weekly, 1 June 2013. Web.

The Challenge of Environmental Regulation in India 

Mejia, Robin. "The Challenge of Environmental Regulation in

India." Environmental Science and Technology (2009): n.

pag. Pubs.acs.org. ACS Publications, 9 Nov. 2009. Web.

P a g e | 28

A Review of Energy Conservation Initiatives by the Government

of India

Nandi, P., and S. Basu. "A Review of Energy Conservation

Initiatives by the Government of India." Renewable and

Sustainable Energy Reviews 12.2 (2008): 518-30. Print.

Adaption to Climate Change in India

Ganguly, Kaushik, and Gyana Ranjan Panda. "Adaptation to

Climate Change in India: A Study of Union

Budgets." Oxfamindia.org. Oxfam, May 2010. Web.

U.S.-India Partnership to Advance Clean Energy: A Progress

Report (June 2012)

India’s Response to Climate Change: The 2009 Copenhagen

Summit and Beyond

Saha, Autri, and Karan Talwar. India's Response to Climate

Change: The 2009 Copenhagen Summit and Beyond. 2009. 159-

90. HeinOnline. Web.

Rosencranz, Armin, Dilpreet Singh, and Jahnavi G. Pais. “Climate

Change Adaptations, Policies, and Measures in India.” Climate

Change Adaptations, Policies, and Measures in India. N.p.:

Georgetown Environmental Law Review, 2010. 575-

90. HeinOnline. Web.

Wold, Chris, David Hunter, and Melissa Powers. "India’s Evolving

Climate Change Strategy." Climate Change and the Law. Newark,

NJ: LexisNexis Matthew Bender, 2009. N. pag. Print.

P a g e | 29

NATURAL RESOURCE CONSERVATION LAW

Introduction: Resource Conservation-historical concerns in India,

Resource management problems in India.

Constitution and Common Law Principles: Right to Environment,

Recommendation of NCRWC, Law in relation to Nuisance, Criminal and

P a g e | 30

Civil law principles relating to Environment protection, The Rule in

Ryland Vs Fletcher , Non-natural User

Water Conservation: Legal Issues and Challenges-Water Scarcity: Ground

Realities; Water Laws in India , Water Rights and the Indian Judiciary,

International Legal Regime on Water Conservation, New Water

Conservation Law: Possibilities and Challenges

Forest: Legal Issues and Conservation Strategies-National Forest Policy

1952, Forest Law and Policy, The Indian Forest Conservation Act, 1927,

Forest Conservation Act, 1980 Forest and Wildlife Protection Act, 1972,

Biological Diversity and Resource Conservation, Specific Rights of Forest

Dwellers, Joint Management of Forest: State’s- People approach,

International Law on the Issue of Forest Conservation.

Suggested Readings :

Bhat Sairam, Natural Resource Conservation Law, Sage : New

Delhi (2010)

Philippe Cullet, “Water Law in India: Overview of Existing

Framework and Proposed Reform”, Working Paper Series,

International Environmental Law Research Centre.

‘Canal Irrigation, Water User Associations and Law in India-

Emerging Trends in Rights Based Perspective’, in P. Cullet, A.

Gowlland-Gualtieri, R. Madhav, and U. Ramanathan (eds) Water

Governance in Motion, Cambridge University Press, New Delhi.

(2010)

Water Law and the Poor’ in Nandini Sundar (ed.), Legal Grounds’,

Oxford University Press, New Delhi (2009)

Upadhya Videh , “Water Rights and the New Water Laws in India:

P a g e | 31

Emerging Issues and Concerns in Right Based Perspective ",

Indian Infrastructure Report (2011)

T.N. Godavarman Cases Analysis laws on forest Conservation.

GLOBAL ENVIRONMENT GOVERNANCE

Introduction and History :

Empirical issues of relevance; history of global environmental

politics

Critical Perspectives on ‘One World’ Discourses on Environmental

Governance

P a g e | 32

International Environmental Regimes :

International environmental agreements from an institutionalist /

legal perspective.-history of environmental policy-making since the

1970s; overview of key environmental agreements; legal and

political aspects of environmental treaty-making; elements of

environmental agreements (monitoring, compliance, enforcement,

savings clauses etc.); and regime effectiveness.

Intergovernmental Organization:

Expectations of intergovernmental organisations; United Nations

Environment Programme; UN Commission on Sustainable

Development.

Transnational Corporations :

‘Greening of business’; transnational corporations’ operations;

business lobbying in international negotiations

Non-Profit Organisations :

NGOs and their role in Global Environmental Governance

Suggested Readings :

G. Evelyn Hutchinson, “The Biosphere,” Scientific American

223(3):45- 53, 1970

World Commission on Environment and Development, Our

P a g e | 33

Common Future (Oxford: Oxford), 1987, Chapter 1. A Threatened

Future.

William C. Clark, “Managing Planet Earth,” Scientific American

261(3): 47-54, 1989.

Anil Agrawal, “A Southern Perspective on Curbing Global Climate

Change,” in S. Schneider, A. Rosencranz, and J. Niles, eds.,

Climate Change Policy: A Survey (Island Press: Washington, DC,

2002).

Wolfgang Sachs, Planet Dialectics (New York: Zed Books, 1999),

chapters 6 and 7. One World – Many Worlds? and The Blue

Planet.

Jennifer Clapp and Peter Dauvergne, ‘Peril or Prosperity? Mapping

Worldviews of Global Environmental Change (Chapter 1)’, Paths

to a Green World: The Political Economy of the Global

Environment, Second Edition (Cambridge, MA: MIT Press, 2011),

pp. 1-18, 251-255 – CR

Pamela S. Chasek, David L. Downie and Janet Welsh Brown, (part

of) ‘Actors in the Environmental Arena’ (Chapter 2), Global

Environmental Politics, Fourth Edition (Boulder, CO: West view

Press, 2006), pp. 41-51, 284-285 – CR.

Maria Ivanova, ‘UNEP in Global Environmental Governance:

Design, Leadership, Location’, Global Environmental Politics

(Vol. 10, No. 1, February 2010), pp. 30- 59 – CR.

Stine Madland Kaasa, ‘The UN Commission on Sustainable

Development: Which Mechanisms Explain Its Accomplishments?’,

Global Environmental Politics (Vol. 7, No. 3, August 2007), pp.

107-129 – CR.

P a g e | 34

Robert Falkner, ‘Global Firms in International Environmental

Politics’ (Chapter 1), Business Power and Conflict in International

Environmental Politics (Basingtoke: Palgrave McMillan, 2008),

pp. 3-15 – CR

Desai, Bharat H. , International Environmental Governance :

Towards UNEPO , Brill Publication (2014)

BIOLOGICAL DIVERSITY AND LEGAL ORDER

Biodiversity and its Necessity :

Definition; Meaning and Importance, Role of Flora and Fauna in

maintaining Biodiversity

Need for Biodiversity protection.

P a g e | 35

Legal Frame Work For Protection and Conservation For Biological

Diversity

International Law: The Convention on Biological Diversity 1992;

The Bonn Convention on the Conservation of the Migratory

Species of Wild Animals 1979 & 1994; Convention on

International Trade in Endangered Species 1973; The Ramsar

Convention; United Nations Aarhus Convention; UN Convention to

Combat Desertification.

National Laws: The Biological Diversity Act 2002; Protection of

Plant Varieties and Farmer Rights Act, 2001 (relevant provision);

Schedule Tribe and Other Forest Dwellers (Recognition of Forest

Dwellers ) Act, 2006 (relevant provision)

Legal Framework for the protection and development of

Sanctuaries, National Parks and Biosphere

Biological Diversity and Tribal Peoples of India :

The legal discourse on ABS: International and National Effort.

Suggested Readings :

Arjun Prasad Nagore, Bibliogical Diversity and International

Environmental Law (1`996) A.P.H. Publishing Corporation, New

Delhi.

Project Large, Plant Variety Protection and Plant Biotechnology –

Options for India (1999),

Allied. Wild Genetic Resources, Earthscan Press Briefing

P a g e | 36

Document No.33, Earthscan, London (1982)

K.L.Mehta and R.L.Arora, Plant Genetic Resources of India; Their

Diversity and Conservation (1982),

National Bureau of Plant Genetic Resources, New Delhi. P.N. Bhat

et.al., Animal Genetic Resources in India (1981)

P.N.Bhat, “Conservation of Animal Genetic Resources in India,

“Animal Genetic Resources, Conservation and Management FAO,

Rome, (1981).

Gillespie A., Conservation, Biodiversity and International Law,

Edward Elgar Publication (2011)

Venkataraman, K. 2006. Biodiversity legislations in likeminded

mega diversity countries. pp.79-92. In: D.D. Verma, S. Arora &

R.K. Rai (eds.) Perspectives in Biodiversity. Ministry of

Environment and Forests, Govt. of India, New Delhi.

PREVENTION AND CONTROL OF POLLUTION

Environmental Pollution :

Meaning; Nature and Scope

Classification of Pollutants

Various Types of Pollution and their effects

P a g e | 37

Pollution Control Laws in India :

Constitutional Mandate and Environment with special reference to

Article 32 and 226. (emphasis shall be given on use of PIL as a tool

to provide environmental justice)

Comparative Study of Water Act, 1974, the Air Act, 1981 and the

Environment (Protection) Act, 1986 with special reference to

authorities mechanism and sanctions

Efficacy of Remedies – Section 133 Criminal Procedure Code,

Public Liability Insurance Act, 1991, National Environmental

Tribunal Act, 1995, National Environment Appellate Authority

Act, 1997, Citizens’ Suit provisions, remedies under Civil

Procedure Code, 1908.

Specific Environmental Problems and Legal Responses- special

emphasis shall be placed on rules and notification framed under the

Environment (Protection) Act, 1986. (Rules and Notifications shall

be prescribed each year)

Environment Impact Assessment and People’s Participation, EIA

and Public Hearing under the Environment Protection Act, 1986.

Suggested Readings :

Inconvenient Forum and Convenient Catastrophe : The Bhopal

Case (1986).

Armin Rozencranz, et.al. (eds.), Environmental Policy and Law in

India (2000), Butterworths India.

Leelakrishnan, P. et.al. (eds.), Law and Environment (1990),

Eastern, Lucknow.

P a g e | 38

Leelakrishnan, P., The Environmental Law in India (1999),

Butterworths, India.

Department of Science and Technology, Government of India,

Report of the Committee for Recommending Legislative Measures

and Administrative Machinery for Ensuring Environmental

Protection (1980) (Tiwari Committee Report).

Indian Law Institute, Environment Protection Act : An Agenda for

Implementation (1987).

Indian Journal of Public Administration, Special Number on

Environment and Administration, July-September 1988, Vol.

XXXV, No. 3.

Findley, R. W. and Farber, D. A., Environmental Law.

David Hughes, Environmental Law (1990), Butterworths, London.

19. Armin Rozencranz, et. al. (eds.), Environmental Policy and

Law in India (2000), Oxford.

Kailash Thakur, Environmental Protection Law and Policy in India

(1997), Deep & Deep Publications (New Delhi).

Enid. M. Barson and llga Nielson (eds.), Agriculture and

Sustainable Use in Europe (1998), Kluwer.

John F. Mc. Eldownery and Sharron Mc. Eldowney,

Environmental Law and Regulation (2000).

Leelakrishnan, P. et.al. (eds.), Law and Environment (1990).

Leelakrishnan, P., The Environmental Law in India (1999),

Butterworths.

Frodorick A. Anderson, et.al. Environmental Improvement

Through Economic Incentives (1977). 7. David Hughes,

P a g e | 39

Environmental Law (1999), Butterworths, London. 8. Daniel R.

Mandekar, Environmental and Land Controls Registration (1976),

Bobbs-Merrill, New York. 9. Indian Law Institute, Mass Disasters

and Multinational Liability : The Bhopal Case (1986).

TRADE AND ENVIRONMENT

1. Introduction : Impact of trade on environment and environment on

trade; globalization and trade-and-environment debate; pollution in a

small open economy; scale, composition, and technology effects;

endogenous pollution policy

2. Trade and Effects on South Equilibrium pollution and Environmental

Kuznet’s curve – income and threshold effects; increasing returns to

P a g e | 40

abatement; pollution havens models of international trade; free trade

versus environment – empirical assessment; case studies: effects of

environmental regulations on oil exporting countries

3. Trade in Endangered Species and Hazardous Waste Bio-prospecting;

CITES – non-compliance; trade in genetic resources; recycling and trade

of hazardous material; international treaties governing hazardous waste

trade; case studies

4. Trade in Emissions Tradable permits for emission reduction – theory;

sulphur trading and the US experience; carbon markets – the European

and the US experience; European ETS – general framework, allocation

rules and emission reduction; carbon price signals from the European

ETS; clean development mechanism and emerging trading units

5. Trade Laws  Regional agreements; international trade regimes – WTO;

leading issues in the WTO negotiations; dispute settlement mechanisms;

trade and foreign direct investment

Books :

1. Copeland, B.R. and M.S. Taylor, Trade and the Environment: Theory and

Evidence, Princeton University Press, 2005.

2. Hunter, D., J. Salzman, and D. Zaelke, International Environmental Law

and Policy, Foundation Press, 2006

3. Environment and Trade: A Handbook, Second Edition. International

Institute for Sustainable Development, 2005.

4. Reeve, R., Policing International Trade in Endangered Species: The

CITES Treaty and Compliance, Royal Institute of International Affairs,

2004

P a g e | 41

ENVIRONMENTAL DISPUTE RESOLUTIONS

Introduction :

The Nature of Environmental Dispute ; Common Characteristics of

Environmental Conflicts and Disputes

International Judicial Bodies and Environment Disputes (emphasis will be

given to these institutions vis a viz environmental disputes)

International Court of Justice

P a g e | 42

International Tribunal for the Law of the Sea (ITLOS)

Dispute Settlement of Bodies of the WTO

International Criminal Court

Alternative Dispute Resolution and Environment Conflict Resolution

The Discussion on Need of World Court: Viability and Chalenges

Environment Dispute Resolution in India

The Role of PIL and Indian Supreme Court

The National Environment Appellate Authority Act (shortcoming)

The National Green Tribunal Act

Suggested Readings :

Lawrence S. Bacow , Environmental Dispute Resolution, Plenum

Press: Newyork (1984)

Daniel Bodansky (et. al, 2012), The Oxford Handbook of

International Environmental Law.

James Crowfoot, Julia M. Wondolleck, Environmental Disputes:

Community Involvement In Conflict Resolution, Island Press

1990

Joel P. Trachtman, The Domain of WTO Dispute Resolution, 40

Harv. Int'l L.J. 333 (1999)

Alan Boyle, Environmental Dispute Settlement, Max Planc

Institute (2009)

Raghav Sharma, GREEN COURTS IN INDIA:

STRENGTHENING ENVIRONMENTAL GOVERNANCE?,

LEAD Journal available at

http://www.lead-journal.org/content/08050.pdf

P a g e | 43

Bharat H. Desai and Balraj Sidhu, On the Quest for Green Courts

in India, Journal of Court Innovation, Volume 3 Number 1 Winter

2010

INTERNATIONAL HUMAN RIGHTS LAW

Introduction:

(i) The Historical Development of Human Rights Law

(ii) Human Rights Concepts and Discourse

(iii) Human Rights Movements

(iv) Rights, Duties and Dilemmas of Universalism .

International Human Rights Organisations:

(i) The UN Human Rights System

P a g e | 44

(ii) Treaty Bodies

(iii) Regional Arrangements (Comparison of Universal and Regional

Systems, The European Convention System, Inter American

System and the African System

(iv) The Role of the High Commissioner for Human Rights

Normative Foundation of International Human Rights:

Universal Declaration of Human Rights, International Covenant on

Civil and Political Rights and International Covenant on Economic,

Social and Cultural Rights

Culture and Human Rights:

Cultural Relativism and the Critique of Universal Human Rights-

Conceptions of Rights and cultural values, Idea of Universal Rights based

on values common to all cultures, ideas of ‘Duties’ in Non-Western

Human Rights Theories

Globalisation, Cosmopolitanism and Human Rights:

Globalisation and Economic, Social and Cultural Rights -

Globalisation, Hegemony and Cultural Identity - Cosmopolitanism vs.

Communitarianism - Universalism vs. Relativism

Suggested Readings :

Aiyar, S. P., and Raju, S.V., (ed.), Fundamental Rights of the

Citizen (Academic Books Limited, New Delhi, 1972).

Alston, Philip (ed.), The United Nations and Human Rights: A

Critical Appraisal (Clarendon Press, Oxford, 1992).

. ___________, The United Nations and Human Rights (Clarendon

Press, Oxford, 1955)

Anand, R. P., Sovereign Equality of States in International Law

(Hope Publication, New Delhi, 2008).

P a g e | 45

Ando, Nisuke (ed.), Towards Implementing Universal HR

(Martinius NijhoffPublishings, London, 2004).

Ankumab, Evelyn, A., The African Commission on Human Rights

People ‘s Rights: Practice and Procedures (Martinus Nijhoff, The

Hague, 1996).

AN-Na’zm, A. and Deng, Francis (ed.), Human Rights in Africa:

Cross Cultural Perspect

Clark, R. S., A, United Nation& High Commissioner for Human

Rights (Martinus Nijhoff, The Hague, 1972).

Cotler, Irwin and Eliadis, F. P. (ed.), International HR Laws,

Theory and Practice (The Candian HR Foundation, Montreal,

1992).

Cranston, M., What are Human Rights (Bodley Head, London,

1973). 20. Drzemczewski, A., European Human Rights Convention

in Domestic Law (OUP, Oxford, 1983).

Sinha, Manoj Kumar, Enforcement of Economic, Social and

Cultural Rights: International and National Perspectives (Manak

Publishers, New Delhi, 2006).

INTERNATIONAL HUMANITARIAN LAW

Historical & Philosophical Background :

The historical concept of war and how can war have laws? the

imperial notions of ‘Just Wars’; the emergence of modern humanitarian

law in 19th centaury; Customary Law and the regulation of war

Modern IHL:

The foundations of modern international humanitarian law looking

in detail at early codes and principles that underpinned the modern legal

P a g e | 46

regime, in particular the Lieber Code. Building on that foundation, the St

Petersburg Declaration, the 1899 and 1907 Hague Conferences are

reviewed. The legal regulation of warfare the followed the First and

Second World Wars. The two 1977 Protocols to the Geneva Conventions;

differences between international and non-international armed conflict;

‘situations of internal disturbances and tensions’; relationship of the laws

of war to the ‘law of peace’ (UN Charter).

The Regulation of International Armed Conflict

Prohibitions & Non-International Armed Conflicts:

General introduction to prohibitions; When can a non-international

armed conflict be said to exist?; Article 3 common to all four Geneva

Conventions of 1949; 1977 Protocol II; threshold distinctions between a

non-international armed conflict and situations of internal disturbances

and tensions; criminal liability for breaches in non-international armed

conflicts.

The Protection of Defenseless:

The General Obligations of Humane Treatment — Role of ICRC

—Wounded, Sick and Shipwrecked persons ; Combatant Status ;

Protection of POW’s ;. Women and Children and Other Vulnerable

Groups including Refugees

Accountability for Violations of Humanitarian Law:

Trials after the First World War; the lead-in to Nuremberg;

offences tried at Nuremberg; conduct of Nuremberg trials; problems of

Nuremberg – the ‘victors’ justice’ argument; trials under Control Council

Order No. 10; repression of breaches in the 1949 Geneva Conventions;

additions in 1977 Protocol I; implications for amnesties. The origins of

the International Criminal Tribunal on the Former Yugoslavia (ICTY);

P a g e | 47

complexity of its legal basis – role of UN Security Council; legal basis

for International Criminal Tribunals on Yugoslavia and Rwanda (ICTR);

procedural aspects; case-law; introduction to the ‘peace v. accountability’

debate.

Suggested Readings :

Cahill, Kavin M., Basics of International Humanitarian Missions

(NY: Fordham University Press, 2003).

Geza, Herczegh, Developments of International Humanitarian Law

(Akademiai Kiado, Budapest, 1984).

Henckaerts, Jean-Marie and Beck-Doswald, Louise, Customary

International Humanitarian Law (Cambridge University Press, UK,

2005).

Hingorani, R. C., Humanitarian Law (OUP, New Delhi, 1987). 5.

Lattimer, Mark and Sands, Philippe (ed.), Justice for Crimes

Against Humanity (Hart Publishing, USA, 2003).

Sinha, Manoj Kumar, Humanitarian Intervention by the United

Nations (Manak Publishers, New Delhi, 2002).

Teson, Fernando, R., Humanitarian Intervention: An Enquiry into

Law and Morality (Transnational Publishers, New York, 1997).

Welsh, Kavin M., Humanitarian Interventions and International

Relations (Oxford University Press, New York, 2004).

P a g e | 48

HUMAN RIGHTS, DUTIES IN INDIA

Laws and Human Rights :

i) Concepts of law

ii) Objective of law

iii) Pattern and nature of law: Right to vote, health, education, labor,

information, consumerism, etc.

Role of Government and Non- Government Organization on protection of

Human rights

The Protections of Human Rights Act 1993 :

P a g e | 49

NHRC-constitution, function and Power; State Human Rights

Commission, Human Rights Court

Implementing Mechanism :

(i) Judiciary Activism

(ii) Law enforcement agencies: police, Anti-Corruption Bureau and

other Investigating Agencies

(iii) Legislative policy

(iv) Executive power

Constraints on Human Rights Implementation in India :

(a) Abuse and misuse of power by police, bureaucrats, legislators, etc.

(b) Flaws in Laws

(c) Inter-castes, inter-religion ,inter-community tension, etc.

(d) Violence in politics

(e) Assault on Indian social, cultural, ethical values

(f) Paid media: Script and electronic

(g) Lack of human rights course in school, college and university

education.

(h) Dominant Caste, religious conversion, minority and majority,

debate over the concept of minority

Suggested Readings :

Mieczyslaw Maneli, 2002, Juridical Positivism and Human rights,

Hippocrene Books, New York.

D.D.Basu, 1994, Human Rights in Constitutional law, Prentice

Hall of India, New Delhi.

P a g e | 50

Prof. Mani, 2007, Humanitarian Law, Indian Society for

International Law.

Dr. Meharaj Begum (ed), 2000, Human Rights in India, Issues and

Perspectives, A.P.H, Publishing Corporation, New Delhi.

M.M. Rehman, Kanta Rehman, Poonam, S. Chauhan, Syed

Begum, 2000, Human Rights Human Development Concepts and

Contexts, Manak Publications, New Delhi.

Aftab Alam, 2000, Human rights in India, Issues and Challenges,

Raj Publications, Delhi.

Jack Donnelly, 2005, Universal Human Rights in theory and

Practice, Manas Publications, New Delhi.

Dr. Janak Raj Jai, 1996, Emergency Excesses A Daylight robbery

of Human Rights, Regency Publication, New Delhi.

LAW AND SOCIAL TRANSFORMATION IN INDIA

1. Law and social change :

Law as an instrument of social change.

Law as the product of traditions and culture.

Criticism and evaluation in the light of colonization and the

introduction of common law system and institution in India and its

impact on further development of law and legal institution in India.

2. Religion and the law :

Religion as a divisive factor.

P a g e | 51

Secularism as a solution to the problem Reform of the law on

secular lines: Problems. Freedom of religion and non-

discrimination on the basis of religion.

Religious minorities and the law

3. Language and the Law :

Language as a divisive factor: Formation of linguistic states.

Constitutional guarantees to linguistic minorities. Language policy

and the constitution: Official language, multi-language system.

Non-Discrimination on the ground of language

4 Community and the law :

Caste as a divisive factor Non-discrimination on the ground of

caste Protective discrimination: Scheduled castes, tribes and

backward classes.

Reservation: Statutory commissions, Statutory Provisions.

5. Regionalism and the law :

Regionalism as a divisive factor Concept of India as one unit Right

of movement, residence and business; impermissibility of state or

regional barriers. Admission to educational institutions: Preference

to residents of a state

6. Law and Gender Justice

7. Modernization and the law :

Modernization as a value: Constitutional Modernization of social

institutions through law

8. Alternative approaches to law The jurisprudence of Sarvodaya –

Gandhiji, Vinoba Bhave, Jayprakash Narayan – Surrender of dacoits;

P a g e | 52

Concept of Grama Nyayalayas. Socialist thought on law and justice: An

enquiry through constitutional debates on the right to property.

9. Indian Marxist critique of law justice.

10. Naxalite movement: causes and cure

Suggested Readings :

March Galanter (ed.), Law and Society in Modern India (1997),

Oxford

Robert Lingat, The Classical Law of India (1998), Oxford.

U.Baxi, The Crisis of the Indian legal system (1998) Vikas, New

Delhi.

U. Baxi, (ed) Law and Poverty Critical Essays (1988), Tripathi,

Bombay

Munushi, A. Journal about Women and Society • Duncan Derret,

The State, Religion and Law in India (1996) Tripath

HUMAN RIGHTS LAW AND TRIBAL PEOPLES

Introduction :

The Concept of “Tribes” and “Indigenous”, the debate over Tribes as

Indigenous.

Centre lIssues in Indigenous and Tribal Peoples Rights :

Definition Debate

Sovereignty and Self-Determination

Land and Natural Resource Rights

Cultural Rights

Right to Health and Food Security

P a g e | 53

International Organisations and Indigenous Peoples :

UnitedNation-

OrganizationalStructure,PermanentForumonIndigenousIssues

United Nations Declarationon Rights of Indigenous Peoples

ILOconvention107 and 169 regarding rights of indigenous people

UN Committee on the Elimination of Racial Discrimination

(CERD)-General Recommendation No.23

World Bank Operational Policy 4.10

Constitution of India and the Tribals :

Constitution of India: Introduction and its basic structure

(Preamble, Parts, Articles, Schedules, Appendices and

Amendments)

Process for Scheduling / De-Schedulinga Tribe

Tribal Administration: 5th and 6th Schedule, Special Provisions for

Scheduled Areas

Prominent Legislations concerning tribals in India :

Prevention of Atrocities Act, 1989

The73rd Constitutional Amendment

Panchayats Extension to Scheduled Areas Act1996

State/ Union Territory Minor Forest Produce (Ownership of

Forest Dependent Community) Act, 2005

Concept of Eminent Domain and The L and Acquisition,

Rehabilitation And Resettlement Act, 2011 (Including recent

Amendment through Ordinace)

P a g e | 54

National Forest Policy, National Forest Commission.

The Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights)Act, 2006

Governmental bodies concerning Tribal People in India :

Ministry of Tribal Affairs (MoTA)

Ministry of ment of North Eastern Region (MDONER)

National Commission for Scheduled Tribes (NCST)

Tribes Advisory Council (TAC)

National Council for Tribal Welfare

National Commission for Denotified, Nomadic and Semi-Nomadic

Tribe

Suggested Readings :

A.C. Mittal :Tribal education, administration and development,

Radha Publications.

Amir Hasan : Tribal administrationin India, B.R. Pub. Corp.

Atul Chandra Talukdar: Political transition in the grassroots in

tribal India, Omsons Publications.

B. K. Roy Burman: Panchayati Rajand Tribals, Institute of Social

Sciences.

Committee for A Democratic Far Eastern Policy: A lay man looks

at the constitution of India

Cynthia Price Cohen :The Human Rights of Indigenous Peoples,

Transnational Publishers.

P a g e | 55

D.N. Gupta :Decentralization: Need For Reforms, Concept

Publishing Company.

D.N. ThakurandD. Thakur: Tribal Law An Administration

(Volume 7 of Tribal life in India), Deep and Deep Publications.

Deepak Kumar Behera and Georg P feffer-Contemporary Society:

Tribal situation in India (Volume 6 of Contemporary Society:

Tribal Studies)

Devendra Thakur: Tribal Life in India: Tribal law and

administration (Volume7of Tribal Life in India), Deep & Deep

Publications.

Durga Das Basu: Shorter Constitution of India, Prentice Hall.

Florencia Roulet: Human Rights and Indigenous Peoples: A Hand

book on the Un System, Volume 92 of IWGIA document, IWGIA.

George Mathew- Panchayati Raj: From Legislation to

Movement,Concept Publishing Company.

G. S. Ghurye :The Scheduled Tribes of India, Transaction

Publishers.

J.K. Das: Human Rights And Indigenous Peoples, APH Publishing.

Kunj Behari Srivastava: Panchayats in scheduled areas:

Ananalysis of provisions of the panchayats (extensionto the

scheduled areas) act, National Institute of Rural Development.

Lalita Prasad Vidyarthi and Binay Kumar Rai: The Tribal Culture

of India, Concept Publishing Company.

Laura Westra: Environmental Justice and the Rights of Indigenous

Peoples: International and Domestic Legal Perspectives, Earthscan

Publishers.

LolaGarcía-Alix (International Work Group for Indigenous

P a g e | 56

Affairs): The Permanent Forumon Indigenous Issues, Volume 109

of IWGIA document, IWGIA.

M. Hidayatullah: The fifth and sixth schedules to the Constitution

of India, Ashok Publishing House.

M. R. Biju : Human Rights In A Developing Society, Mittal

Publications.

Michel Streich: Declaration on the Rights of Indigenous Peoples,

Allen & Unwin Publishers.

P.S.K.Menonand Bakshi D. Sinha: Panchayati Rajin Scheduled

Areas: A Critical Study, Institute of Social Sciences.

P.S.K. Menon, Bakshi D. Sinha: Panchayati Rajin Scheduled

Areas: A Critical Study, Institute of Social Sciences.

PaulJoffe, Jackie Hartley and Jennifer Preston: Realizing the UN

Declarationon the Rights of Indigenous Peoples: Triumph, Hope,

and Action, Purich Publishers.

Pralhad Balacharya Gajendragadkar: The Constitution of India: its

philosophy and basic postulates, Gandhi memorial lectures,

Oxford University Press.

Pratap Chandra Swain : Panchayati Raj, APH Publishing House.

Prem Kumar Shinde (Ed.)- Dalits and Human Rights (in 3

volumes), Gyan Publishing House.

Purushottam Kumar: History and administration of tribal

Chotanagpur (Jharkhand), Atma Ram & Sons.

R.N. Mishra: The Scheduled Castes and the Scheduled Tribes, Hind

Publishing House.

Rajib Lochan Panigrahy : Panchayati Raj Institutions: Issues and

Challenges, Discovery Publishing House.

P a g e | 57

Rann Singh Mann, K. Mann: Tribal Cultures and Change, Mittal

Publications.

Ruth Thompson (University of Saskatchewan): The Rights of

indigenous peoples in international law: selected essays on self-

determination, University of Saskatchewan, Native Law Centre.

S Baluchamy: Panchayati Raj Institutions, Mittal Publications.

S.Rajneesh S.L.Goel: Panchayati RajInIndia (2nd Rev. & Enlarged

Edn.), Deep and Deep Publications.

S.N. Bagga: Constitution of India: as amended up to date, with use

ful appendices and exhaustive index, Law Book Co.

Sairam Bhat: Natural Resources Conservation Law, SAGE

Publications Ltd.

Savyasaachi: Tribal Forest- Dwellers and Self-Rule: The

Constituent Assembly Debates on the Fifth and Sixth Schedules,

Indian Social Institute.

Sharad Singh Negi: Tribal welfare development and

administration, International Book Distributors.

Shriram Maheshwari: Dictionary of Public Administration, Orient

Blackswan.

Shyam Nandan Chaudhary: Dalit And Tribal Leadership In

Panchayats, Concept Publishing Company.

Sri Kanta Ghosh :Law Enforcement in Tribal Areas, APH

Publishing.

Stanley Meisler :United Nations: A History, Grove Press.

T.R. Naval: Law Of Prevention Of Atrocities On The Scheduled

Castes And Scheduled Tribes, Concept Publishing Company.

T.R. Naval: Legally Combating Atrocities On Scheduled Castes

P a g e | 58

And Scheduled Tribes, Concept Publishing Company.

Thodupuzha M. Joseph: Local Governance in India: Ideas,

Challenges, and Strategies, Concept Publishing Company.

Thodupuzha M. Joseph: Local Governance in India: Ideas,

Challenges, and Strategies, Concept Publishing Company.

United Nations Publications: Basic Facts about the United

Nations, United Nations Publications.

United Nations Publications: Permanent Forumon Indigenous

Issues :Report on the Eighth Session (18-29 May 2009), United

Nations Publications.

REFUGEE LAW

Introduction :

Development of International Refugee Law, The Concept, Theories , the

Legal and Institutional Framework for Refugee Protection and its Expansion

via the 1967 protocol. Intern-Relationship between National and International

Protection

Source of International Refugee Law :

The Global Standard of Human Rights, Main Sources of

International Refugee Law. Definition of International Refugee

Law and its Relationship with Human Rights Law, the Main

Features of 1951 UN Convention and the Statute of the UNHCR,

Contemporary Alternative Refugee Definitions in 1969 OAU

P a g e | 59

Convention Governing the Specific Aspects of Refugee Problems

in Africa, the 1984 Cartagena Declaration in the Americas,

Europe, Asia and South Asia

The Central Issues In Protection of Refugee:

Principles and Concepts of Refugee Protection, Definition of

Asylum in the Context of International Refugee Law, Non-

refoulement, Non-discrimination, The Principle of Family Unity

and the Right to Family Reunification, Defending Refugee Rights

in Administrative and Judicial Institutions, Durable Solutions and

International Cooperation

Exclusion from the Refugee Status.

Legal Framework for the Protection of Refugee in India :

Passport (Entry into India) Act, 1920.

Passport Act, 1967.

Registration of Foreigners Act, 1939.

Foreigners Act, 1946.

Foreigners Order, 1948.

The Constitutional Protection and the Judicial Approach

Internally Displaced Persons :

Internally Displaced Persons and Refugees: The Conceptual

Differences and Similarities, The Legal Battle of Internally

Displaced Persons, The Institutional Framework of Protection for

P a g e | 60

the Internally Displaced, Protection Strategies for the Internally

Displaced Persons, Case Study with reference to India.

Suggested Readings :

Battjes, H. European Asylum Law and International Law. Martinus

Nijhoff Publishers, 2006;

Conclusions on the International Protection of Refugees adopted

by the Executive Committee of the UNHCR Programme, Office of

the United Nations High Commissioner for Refugees, 1995;

ECRE Report “Complementary Protection in Europe”, July 2009;

Feller, Erica, Türk, Volker and Nicholson, Frances (eds), Refugee

Protection in International Law.

Goodwin-Gill, Guy S., McAdam, Jane, The Refugee in

International Law, IIInd rev. edition, Oxford University Press,

2007; 6. Goodwin-Gill, Guy S., The Refugee in International Law,

IInd edition, Clarendon Press, 1996;

Chimni, B.S. (ed.), International Refugee Law: A Reader, Sage:

New Delhi,2000.

Phuong, Catherine, The International Protection of Internally

Displaced Persons, Cambridge University Press, Cambridge, 2005.

Satvinder Singh Juss, Colin Harvey (eds, 2013), Contemporary

Issues in Refugee Law, Edward Elgar Publication

P a g e | 61

WOMEN AND HUMAN RIGHTS AND DUTIES

1. Status of Women in contemporary Indian Society :

(a) Poverty, illiteracy, lack of independence, oppressions social

customs and gender justice.

(b) Violence against and abuse of women in public and private

domains; Domestic violence, sexual harassment.

2. International Norms for protection of Women :

(a) UN convention on the Elimination of all forms of Discrimination

against Women

(b) Convention on the Nationality of Married Women

3. Political Rights of Women :

Convention on the Political Rights of Women

P a g e | 62

(i) Universal suffrage,

(ii) Equal Right to Vote,

(iii) Equal Right to be Elected, (iv) Equal Right to hold Public Office

4. Constitution of India and the Status of Women :

(a) Equality provisions in Fundamental rights and Directive Principles

(b) Special provisions for the protection of women Article 15(3),

Article 39(d) & (e), Article 42, Articles 243-D & 243-T

5. Special Laws for Protection of Women :

(a) Prevention of Immoral Traffic Act, 1956

(b) Indecent Representation of Women (Prohibition) Act, 1986

(c) Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition

of Sex Selection) Act, 1994.

(d) Medical Termination of Pregnancy Act, 1971

(e) Maternity Benefit Act, 1961

(f) Equal Remuneration Act, 1976

(g) Dowry Prohibition Act, 1961

(h) Provisions Relating to Women Specially under IPC : Rape, Dowry

Death, Cruelty by Husband or Relatives of Husband.

Suggested Readings :

Nirmal, B C , “Taking Violence Against Women Seriously :

International and Domestic Human Rights Jurisprudence, IN India

and International Law, (Bimal N Patel ed, 2008),Martinus Nijh off

Publishers.

Kaushal, Rachna, (2000), Women and Human Rights in India. New

Delhi: Kaveri Books.

P a g e | 63

Khan, Mumtaz Ali, (1998), Women and the Human Rights,

Commonwealth, New Delhi

Kaushik, Vijay (1999), Women’s Movements and Human Rights,

Pointer Publishers Jaipur

Mukhopadhyay, S., (ed.), (1998), In the Name of Justice; Women

and Law in society, Manohar, New Delhi:

Mishra, Jyotsana, (2000), Women and Human Rights, Kalpaz Pub,

New Delhi;.

Nirmal, C.J., (1999), Human Rights in India, Oxford, New Delhi

Pachauri, S.K., (1999), Women and Human Rights, APH

Publications, New Delhi

PAchauri, S.K., (1999), Women and Human Rights, APH

Publications, New Delhi

Saxena, Shobha, (1999), Crimes against Women and Protective

Laws, Deep and Deep, New Delhi:

South Asian HRDC, (2006), Introducing Human Rights: An

Overview including issues of Gender Justice, Environmental and

Consumer Law, OUP, New Delhi:

UN, (1999), Convention on the Elimination of all Forms of

Discrimination against Women, UN Department of Public

Information, New York

P a g e | 64

WORKING CLASS AND HUMAN RIGHTS AND DUTIES

1. Conceptual Issues :

a) Definition; Classification,

b) Working Class Movement,

c) From Laissez Faire to Welfare State,

d) Privatization to Globalization

2. Status of Working Class:Causal Workers, Contract Labour, Bonded

Labour, Agricultural Labour, MigrantWorkers

3. Human Rights of the Workers

4. Labour Welfare Problems :

a) Health Hazards : Accidents, Occupational Diseases,

b) Social Security,

P a g e | 65

c) Collective Bargaining,

d) Worker’s Participation in Management,

e) Impact of Technological Developments

5. International Standards

Suggested Readings :

Lina Gonsalves, 2001 Women and Human Rights A.P.H.

Publishing Corporation , New Delhi

Sankar Sen 2002 Tryst with Law Enforcement and Human Rights

A.P.H Publishing Corporation

G.Sharma 2003 Human Rights and Legal Remedies Deep and

Deep Publisher, New Delhi

N.Subramanya 2002 Human Rights and Refugees A.P.H

Publishing, New Delhi

Sankar Sen 2000 Police in Democratic Society Gyan Publishing

House New Delhi

Kumar, Shiv (1994) Labour Welfare & Incentive Plans in Incentive

Plans in Industries; New Delhi : Radha Publications

Lal, D.K. (1991) Personnel Management, Industrial Relations and

Labour Welfare, Das Publication

Mongia, J. N. (1976) Readings in Indian Labour & Social Welfare;

Delhi : Atmaram & Sons

Moorthy, M. V. (1982 Ed.2.) : Principles of Labour Welfare; New

Delhi : Oxford & IBH Publishing Co.

P a g e | 66

Mustafa, M. (1990) Labour Problems & Welfare; New Delhi :

Deep & Deep Publications

Rao, Manju (1995) Labour Welfare Policy in India, Print well 8.

Singa, Ram Chandra (1989) Labour Welfare administration in

India; New Delhi : Deep & Deep Publication