LL.M Dissertation 2017- 18
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Item The Rights of Differently Abled persons in India: An AnalysisBaruah, DiptimoniItem Item Capital Punishment in India: A Legal AnalysisGakul, KasturiItem Appointment of Judges in the Higher Judiciary in India: An Analytical Study(National Law University and Judicial Academy, Assam) Dutta, Deboleena; Husain, IshratJudiciary, the justice delivery system resorted to by the common man for his legal and moral rights are at its zenith in Indian democracy. It is seen as the epitome of justice delivery system in India. But there has been dissent with respect to appointment of judges to various High Courts and Supreme Court of India. The existing collegium system of judges exercising absolute powers to appoint judges lacks complete transparency in the procedure and process of appointments. Nobody outside the system knew about the appointments of the few while the rejection of other few. The absolute power is vested with the judges. Lord Acton’s words, “Power tends to corrupt and absolute power tends to corrupt absolutely” rightly proves this very same fact. Hence a new attempt was made to make the system more transparent and effective. Such an initiative was the adoption of National Judicial Appointments Commission (NJAC) and it later turned out to be bigger controversy. The past few years saw a long standing legal battle between the executive and the judiciary regarding the appointments to various High Courts and Supreme Court of India. In order to deal with the situation, the Court held the NJAC as unconstitutional and void.Item Media Trial and Right to Freedom of Speech and Expression: An Analysis(National law University and Judicial Academy, Assam) Talukdar, Arunav; Chowdhury, SahebThe right to freedom of speech and expression is very essential in a democracy and so is the freedom of the press. It creates an opportunity for free discussion of issues. There is always a need for these kinds of rights to be backed by law but there cannot be any freedom that is completely unrestricted or absolute. One cannot deny the importance of media as it keeps the public informed, educated and vigilant and at times it also behaves as a watchdog of the government functions and its abuses, by making them available to the public by way of various mediums like television, radio, newspaper, etc. But nowadays, it is seen that the media houses are acting as “public court” and are starting to interfere with the proceedings of the court which completely overlooks the vital gap between an “accused” and a “convict” keeping at stake the golden principles of “presumption of innocence until proven guilty” and “guilt beyond reasonable doubt”. The research study focuses on the balance between both the freedom and the restrictions on such freedoms.Item The Role of Indigenous People in Environmental Governance with Special Reference to United Nation’s REDD+ Initiative in Northeast India(National Law University and Judicial Academy, Assam) Chakravarty, Abhishek; Kishore, Yugal KishoreIn most of the indigenous societies, the people believe that human and nature are deeply connected and inter-dependent, almost like kin to one another. Across the world, indigenous people have often been regarded as exemplars of environmentally sustainable living. The impact of their subsistence livelihoods was apparently kept in check by customary laws to ensure they lived by the laws of nature. A lot of the answers to today’s environmental problems lie in these traditions. Due to their unique traditions and laws, these marginalized groups are gaining recognition as vital stewards of our environment and depleting resources; and also gaining a role in environmental governance. The United Nations’ pioneering report, Our Common Future, proclaimed that: “these communities are the repositories of vast accumulations of traditional knowledge and experience, [and] larger society … could learn a great deal from their traditional skills in sustainably managing very complex ecological systems” This proclamation by the United Nations, recognised the role of indigenous people in environmental management and governance at an international level.