Table of Contents

Uniform Civil Code and Adoption Laws in India

Sharda Sharma, Chanakya National Law University

Working of National Rural Employment Guarantee Act: Some Preliminary Findings from Drought-Prone Anantapur District

V. Reddappa Reddy, Sri Krishnadevaraya University
D. Anjaneyulu, Sri Krishnadevaraya University
D. Sreenivasulu, DVR Engineering College

Demergers - An Indian Legal Perspective

Dipen Chatterjee, affiliation not provided to SSRN

Tackling Daughter Deficits in Tamil Nadu, India

Arjun S. Bedi, Institute of Social Studies, The Netherlands, Institute for the Study of Labor (IZA)
Sharada Srinivasan, York University

Dowry in India - A Socio Legal Study

Sharda Sharma, Chanakya National Law University

Brain Stem Death: Making Out a Case for the Legalization of Removal of Life Support Systems

Tarun Jain, Supreme Court of India, London School of Economics & Political Science (LSE), National Law University, Jodhpur
Saakshi Jain, affiliation not provided to SSRN


INDIA LAW ABSTRACTS

"Uniform Civil Code and Adoption Laws in India" Free Download
Islamic Law and Law of the Muslim World Paper No. 08-41

SHARDA SHARMA, Chanakya National Law University
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A bill on uniform civil code was introduced in the Indian parliament. But there was hue and cry from Muslim Community and this bill never became an act. The grounds on which objection were raised was that Islam does not recognize adoption, so it would be violative of article 25 of the constitution which provides right to practice and profess religion. However art. 25 protect only such practices which are essential and integral part of any religion. My research question were:

- Does law governing adoption forms integral part of Muslim religion?
- Does Islam recognizes adoption?
- Can Article 44, over-ride article 25 of the constitution?
- If a uniform law comes into being, how should be it like?

Article 25 of the constitution provides that right to religious freedom. Supreme Court has made it clear that State can not interfere in such matters which are essential and integral part of any religion. However the Supreme Court while interpreting what can form an essential part of the religion has usually followed an egalitarian and restricted approach. The custom of adoption was prevalent in pre-Islamic Arabia. Even Mohammad the prophet himself took Zaid, the son of Haris in adoption.

Article 44 provides for uniform civil code and article 38(2), states, The State shall . . . endeavor to eliminate inequalities in status . . . . so a uniform law will eliminate the unequal status of a child adopted by a Hindu and a child adopted by a non-Hindu.

Laws and regulation of social relationship in the matter of marriage, divorce, succession, adoption etc are undoubtedly secular in character and therefore cannot be brought within the guarantee enshrined under article 25 and 26 of the constitution.

"Working of National Rural Employment Guarantee Act: Some Preliminary Findings from Drought-Prone Anantapur District" 
The Icfai University Journal of Public Administration, Vol. 4, No. 3, pp. 37-51, July 2008

V. REDDAPPA REDDY, Sri Krishnadevaraya University
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D. ANJANEYULU, Sri Krishnadevaraya University
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D. SREENIVASULU, DVR Engineering College
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Considering unemployment as the basic reason for poverty in India, the Government of India launched a 100 days guaranteed employment programme during 2005. A massive programme that is being implemented throughout India, it needs to be monitored and assessed regularly so as to understand the teething troubles in implementing the programme and make necessary modifications, if any, for better implementation. The present paper makes an attempt to understand the working of the programme by using the secondary data made available by implementing agencies, by conducting Participatory Rural Appraisals (PRAs), Focus Group Discussions (FGDs), physical visits to the works carried out under the programme, and by participation in social audit at the field level.

"Demergers - An Indian Legal Perspective" Free Download

DIPEN CHATTERJEE, affiliation not provided to SSRN

Research on De-mergers.

"Tackling Daughter Deficits in Tamil Nadu, India" Free Download

ARJUN S. BEDI, Institute of Social Studies, The Netherlands, Institute for the Study of Labor (IZA)
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SHARADA SRINIVASAN, York University
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A well-known demographic feature in several East and South Asian countries is the continuing decline in the proportion of girls to boys. In India, till recently, the skewed sex ratio was treated as a Northern and Western Indian phenomenon. However, analysis of the 2001 Census shows that some of the districts with the most unbalanced sex ratios lie in the Southern state of Tamil Nadu. Notwithstanding its recent addition to the list of states exhibiting daughter deficit, the state has pioneered initiatives to prevent daughter elimination and to measure daughter deficit. The availability of district-level panel data on infant mortality and sex ratio at birth covering the years 1996-1999 and 2003, periods which may be characterized by sharp differences in programs and initiatives to reduce daughter elimination combined with spatial variation in these programs, provides an unusual opportunity to identify the causal effect of interventions on both, pre- and post-birth daughter deficit. We find evidence of daughter deficit in at least half the state's districts with a majority of the deficit (60 to 70 percent) occurring before birth, potentially due to sex selective abortion as compared to after birth due to female infanticide and neglect. The temporal analysis over the period 1996-1999 and 2003, shows a 46 percent decline in post-birth deficit, without a corresponding increase in pre-birth deficit. Our difference-in-differences estimates suggest that at least 79 percent of the decline in post-birth deficit may be attributed to the set of policy interventions pursued by the state and civil society actors.

"Dowry in India - A Socio Legal Study" Free Download

SHARDA SHARMA, Chanakya National Law University
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Dowry is the amount payable during marriage as a consideration for marriage. As per S. 498 A of IPC dowry demand amounts to domestic violence. It is also a ground for divorce as it amount to cruelty. Dowry prohibition act has come into force on 1961 however it has failed to curtail dowry demand. The practice of dowry-giving lies at the root of most woman's human rights violations on the subcontinent. Indeed, female infanticide, feticide, and domestic violence are all linked to the practice of giving dowry.

This article analysis the reason for dowry demand and suggest measures to curtail dowry demand.it also outline the reason for failure of dowry prohibition act in India.

"Brain Stem Death: Making Out a Case for the Legalization of Removal of Life Support Systems" Free Download
Criminal Law Journal, pp. 42-48, 2007

TARUN JAIN, Supreme Court of India, London School of Economics & Political Science (LSE), National Law University, Jodhpur
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SAAKSHI JAIN, affiliation not provided to SSRN
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Of the various organs inhabiting the human body, brain is arguably the most sensitive and important one; so much so that the medical profession has classed out a special type of death - brain-stem death. Supporters seeking legalization of euthanasia often seem to make out the case of the patients in comatose state having had suffered irreparable damage to their brain-stem.

In this paper we examine the claim of the activities seeking the legalized discontinuation of life-supporting drugs to such patients in a medico-legal scenario in the context of India. We appraise the readers of the nuances of a brain-stem death and examine the factors to determine the worthiness of treating this scenario as an exception to cases of euthanasia otherwise. We analyze the legal position in India as regards brain-stem death and contradistinguish our analysis with that prevailing under the criminal law as regards the liability of the doctors and those aiding the termination of life-supporting systems.

The chapterization is as under;

1. Introduction
2. Life or Death: The debate summerized
3. Present Issue
4. When does Brain Stem death occur?
5. Vegetative State: Connotation and difference from brain stem death
6. Legal regime providing for brain-stem death
6.1 Law in other jurisdictions
6.2 Legal position in India
6.2.1 Transplantation of Human Organs Act, 1994
6.2.2 Indian Medical Council Act, 1956
6.2.3 Indian Penal Code, 1860
7. Conclusion

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