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A Study of Academic Achievement of Post Graduate Students belonging to General and Reserved Category
Full text linkThis investigation was undertaken to study the academic achievement of Jammu University postgraduate students. The study sample comprise of a total 360 P.G students which was further bifurcated into students belonging to two distinct strata’s that were general and reserved categories (OBC, SC & ST). The P.G students selected from reserved category constitute equal number of students in each category that were 60 OBC’s, 60 SC’s and 60 ST’s and the rest 180 belongs to general category. Descriptive survey method was employed for the purpose of the study. The sample has been chosen on the basis of proportionate stratified random sampling technique. Aggregate marks obtained by the each sample subjects in their first, second and third end semester examinations were collected from the official records of the respective departments for the estimation of their educational accomplishment. For disseminating the results percentages were utilized as a statistical technique. The study highlighted the academic performance of students from the same university environment based on their social status
Privatization of Higher Education in India: Issues, Challenges and Suggestions
Full text linkFor the economic and social growth of both established and developing nations worldwide, higher education is of utmost importance. In order to prepare people for positions of responsibility in both the public and commercial sectors and to ensure the quality growth of society as a whole, higher education institutions have a bigger obligation (Gupta, 2008). There has been a mushrooming growth of private institutions to address these requirements and goals since the government has been unable to act rapidly in response to the demands of a changing society and the aspirations of individuals and learners. This essay examined the causes and effects of India\u27s privatisation of higher education. The Indian government does not have a defined strategy for privatising higher education. Several private higher education-related proposals introduced in Parliament are now blocked at various levels. A precise policy is urgently required for the creation and upkeep of private higher education institutions. Before the private sector is permitted to enter the educational sector, regulatory arrangements must be made. But the only way to raise the standards of higher education is for the public and private sectors to work together in a way that is fair
Constitutional Perspective of Health Laws: An Overview
Full text linkPeople have become health conscious because of increase in per capital, free medical schemes launched by the Government from time to time and dissemination of information through mass media and now more particularly through social media. The Government has come up with diverse laws to safeguard the interest of Patients. The patients now enjoy contractual as well as story protection but it is the constitutional protection that has wider reach as enunciated by the courts from time. This paper makes an attempt to provide an overview of constitutional perspective of health laws
Editorial
Full text linkThe Central University of Kashmir Law Review (CUKLR) provides a platform for scholars interested in quality research and aims to focus on multidisciplinary research in contemporary legal issues that resonates the spirit of NEP, 2020. The object is to encourage holistic approach to legal research that transcends traditional boundaries. It is necessitated by the increasing appreciation of pervasiveness of legal principles to areas hitherto considered as non- legal domains.
Justice Mukundkum Sharma, Hon’ble Judge of the Supreme Court of India in his paper ‘Criminal Justice System in 21st Century: A Way Forward’ has raised a host of current issues. This paper is a mixture of experience and thought. The paper sharply traverses through different issues confronting criminal justice system and the offers solutions as a way forward.
Francis X. Shen, Professor of Law, & McKnight Presidential Fellow, University of Minessota; Instructor in Psychology, Harvard Medical School, MGH Department of Psychiatry in his paper ‘Law and Neurosciences’ has discussed very interesting co-relation between law and neurosciences. This is a subject about which little literature is available in Asian sub-content. Prof Shen has, with the help of medical technology, proved that a man cannot think rationally when his/her brain is not in a proper order. He argues that human flesh be not inflicted pain by way of punishment when it is not in sync with the signals that it receives from its brain which is reeling because of its defects. He also argues that juvenile brain matures only after attaining the age of twenty and in some cases beyond. Once this thesis of Prof Shen is further clarified and refined, it is bound to bring radical changes in the criminal justice system, more particularly in Juvenile justice and the sentencing of the accused.
Prof. Farooq Ahmad Mir, Dean School of legal Studies, Central University of Kashmir, in his research paper captioned, ‘Legal Validity of the Pre-nuptial Contracts: An Analysis’ argues that it is not correct to contend that the Pre-nuptial Contracts are against public policy or there is a need to have separate legislation to declare that the prenups are legally valid. These agreements are legally valid and indeed will promote public policy, if properly constructed. The paper discusses relevant laws on the subject in detail, together with the newly created fundamental rights of ‘right to privacy and right to choose’, and holds the opinion that Prenups are natural corollaries of the constitutionally protected rights and thus promotes constitutional spirits and constitutionalism.
Prof. Mohammad Ashraf, Chairman and Dean, Faculty of Law and Absar Aftab Absar, Research Scholar, AMU, in their research paper titled ‘An Insight into the Applicability of Plea Bargaining in India in Light of Judicial Pronouncements’ have discussed in detailed how courts India have changed their approach before and after the introduction of Plea Bargaining in the criminal justice system. The courts had initially shown reluctance in accepting the doctrine of Plea Bargaining for bargaining the punishment as it was considered unethical to trade in punishment. It was viewed with great circumspect and also against Article 21. The courts then changed their approach and started applying Plea Bargain doctrine and did not even wait for amendment in the Criminal Procedure Code, once it was made clear that the Plea Bargaining will be now a part of the Criminal Justice system in India. The authors are of the opinion that the initial fervour shown at the time of introduction of Plea bargaining in the Criminal Justice system in India did not last long. It not only lost the direction but also the purposes because of which it was made part of the system. The authors argue that there is dire need to revisit the application of doctrine so that the ills of the system can be addressed.
Dr. Mudasir Bhat, Assistant Professor, Department of Law, School of Legal Studies, Central University of Kashmir and Mainaaz Qadir Judicial Magistrate, Jammu and Kashmir Judiciary in their paper bearing title, ‘An Analysis of Victim Compensation Law in India: Acid Attack Victims in Context’ have developed an argument that acid victims area separate species of victims who deserve separate treatment. These victims do not have any statutory role in a criminal trial in which she/he should have been a pivot. The recent developments in the area of victim compensation have been discussed in detail. The authors have pleaded that the money compensation to the acid victims must be supplemented by their social, psychological and lasting economic rehabilitation.
Dr. Purnima Khanna, Assistant Professor, Khalsa College of Law, Amritsar and Dr. Pawandeep Kaur, Assistant Professor, Department of Laws, Guru Nanak Dev University, Amritsar in their paper captioned, ‘Legalisation of Passive Euthanasia in India: Right to Die with Dignity with Special Reference to Advance Medical Directive’ have discussed at length why votaries of Euthanasia are increasingly gaining support world over and how Scandinavian countries are coping with this problem as some of them have legalized it, some have partly legalised it and some have outrightly rejected this idea. Indian legal position, in light of Judicial decisions of the apex court in which passive euthanasia with legal safeguards have been enunciated, have been discussed but legislative intervention has been found as the alternative to remove any mist of confusion.
Dr. S. Ali Nawaz Zaidi, Associate Professor, Department of Law, Aligarh Muslim University, Aligarh and Samiya Khan, Research Scholar, Department of Law, Aligarh Muslim University, Aligarh in their paper carrying the titled ‘Recent Trends in Banking Sector with Special Reference to E-Banking Frauds in India: An Analysis’ traverses through diverse E-banking frauds, analyses them and finds that the present law is struggling to meet their challenges. E-banking frauds not only require legal measures but non legal measures are equally important for which governmental as well as non- governmental measures have to be undertaken.
Shailja Shukla, Dept. of Law, School for Legal Studies Babasaheb Bhimrao Ambedkar Central University and Dr. Sufiya Ahmad, Assistant Professor, Dept. of Law, School for Legal Studies Babasaheb Bhimrao Ambedkar Central University in their paper, ‘Rape in Marriage: A Socio-Legal Analysis of Perception and Attitude of Wife’, has made an empirical analysis of martial rape for which data has been collected through a questionnaire administered to the women respondents residing in Lucknow and has come up with a strong finding in favour of law penalizing marital rape. The paper was submitted before the split verdict of Delhi High Court on marital rape which has been included by the Chief Editor, along with his comment.
Amit Ghosh, Assistant Professor, Surendranath Law College, University of Calcutta and Dr. Mohammadi Tarannum, Vice-Principal, Surendranath Law College, University of Calcutta in their paper, ‘A Curious Case of Radio-Taxi Market under Indian Competition Law- An Analysis’, have discussed issues pertaining to common consumers failing within the Domain of the Competition Act. Three cases have been discussed in detailed because of their conflicting opinions and it has been suggested that the present approach of the competition commission that does not taken into account ‘collective dominance’ is not tenable. Section 27(b) read with Section 4 of the Competition Act may be revisited by the legislature.
Syed Shahid Rashid in his paper titled, “Jurisprudential Analysis of Constitutional Interpretation in India: Some Hindsights” traces the evolution of constitutional interpretation that went through many phase influenced by the emancipation of the judges on the given bench, social awakening about the rights of individuals and changing role of a welfare state. The author has argued that the constitutional letters are the articles of faith, they remained mostly unchanged but their meaning and ambit changed through judicial gloss that made the constitution of India a living and organic document that has stood the challenges of changing times
Sexual Offences against Children in India: An Analysis
Full text linkChild Sexual offences are defined as a sexual activity in which a child is involved. The consent of the child does not matter. The study examines child sexual abuse, the factors responsible for the same, the types of this offence, the effects of sexual activity on children, and the laws dealing with this problem at national and international levels. A large amount of social and economic cost is involved in such offences. There is a need to start a campaign to alert parents and society to take measures for the protection of their children inside as well as outside the house
Comparative study among Tribal and Non-Tribal Secondary School Teachers Towards teaching attitude
Full text linkThe study\u27s main objective was to examine teaching attitudes among teachers working in tribal and non-tribal secondary schools while taking gender into account. 216 secondary school teachers who taught in both tribal and non-tribal secondary schools participated in the survey; 108 from each group were chosen at random. Data was gathered from the sample using Ahluwalia\u27s Teachers Attitude Inventory, the key conclusions are: a). Secondary school teachers from tribal and non-tribal schools have quite different attitudes towards teaching. Both male and female teachers working in tribal schools had significantly different attitudes on teaching. Male and female teachers working in non-tribal schools toward teaching, however, did not significantly differ from one another
Social Justice and How it works for Other Backward Classes in India?
Full text linkThe government of India has identified Schedule Caste, Schedule Tribe, and Other Backward Classes as three important categories that did not have equal representation in various areas like social, political, and economic aspects of life. However, the Constitution of India has made it mandatory to have justice in every aspect. Considering the concept of justice, various special provisions have been made to uplift the conditions of different underprivileged sections of society. In this paper, an attempt has been made to review the existing literature to examine the constitutional provisions made for the upliftment of OBCs. To know the status of India\u27s other backward classes (OBCs), the government has announced two commissions, out of which Mandal Commission’s recommendations which the government has wholeheartedly accepted under the leadership of V.P. Singh, and 27 percent reservation was implemented for OBCs of India
Human Organ Transplantation and its Trafficking in India: An Analysis
Full text linkHealth care in India has assumed the status of a fundamental right through Judicial pronouncements from time to time by distilling it from an express and more pronounced fundamental right - right to life enshrined in Article 21 of the Constitution, apart from being a statutory or contractual right. This right to health care is all encompassing and is not confined to a particular treatment or procedure. The state has a larger responsibility to provide it and will be held responsible where it has genuinely failed the patient by not providing it, subject to, of course, reasonable restrictions. Newer procedures and treatments have considerably increased the quality of life, and transplantation of organs has markedly enhanced life expectancy. Still, there is also a negative side to this organ transplantation development. It has been reported that there is trafficking in organs in which poor, ignorant and needy fall victim as they can be easily lured because of vulnerability. This paper analyses the legal issues involved in organ transplantation and their commercial exploitation by resorting to trafficking in India
A Study on Emotional Intelligence of Professional and Non-Professional Postgraduate Students
Full text linkA study has been conducted on emotional intelligence of professional and non-professional PG students. There are 04 objectives and 03 hypotheses framed in the study. The total sample selected for the study was 240 among which 120 was from professional PG students and 120 was from non-professional students. The sample was drawn from various higher education institutions of Kashmir Valley through stratified random sampling. Self-constructed and standardized questionnaire on emotional intelligence was used for the study. The study concluded that Professional PG students have higher emotional Intelligence that the non-professional PG students. The study also found that female PG students possess significantly better emotional intelligence than male PG students. However, no significant difference was found on the basis of rural and urban dichotomy
Relevance of Educational Philosophy of K. G. Saiyidain and APJ Abdul Kalam with the Contemporary Education System
Full text linkThis extract throws light on the educational philosophy of K. G. Saiyadain & Dr. APJ Abdul Kalam with the contemporary system of education. They were the two outstanding personalities of India, who gave new shape and form to the contemporary system of education. They are an epitome of educational, social, political understanding in modern Indian thought. The attempt is to compare the thorough affections of importance of training, goals and purposes of education, diverse levels of training, correction, teaching practice and heroine of educator and learners and their significance in current education. Therefore, to channelize the energies of youth into better dividends, to meet the objective of the study it is mandatory to have the educational ideas, read philosophies, thoughts and practices of the great educational philosophers like Khwja Ghulam Saiyidain and Dr. APJ Abdul Kalam and their Relevance in Contemporary Education System