Legislative conflicts in india

The subject-wise distribtion of legislative competence among the three legislative jurisdictions, union, state and concurrent, gives rise to a problem of legislative conflicts in India. There does not seem to have been any study exclusively devoted to this aspect of Indian federalism. This study is an attempt in that direction. The study has been broadly divided into three parts after an historical introduction in chapter I. Chapters II to VIII deal with conflicts between the exclusive fields, chapters IX and X with conflicts in the concurrent field, and chapter XI with conflicts between the exclusive and concurrent fields. In the last chapter, i.e, chapter XII, has been collected together some conclusions which in most cases have also been noted in the course of the study

Social Clause of WTO and India

The concept of social clause has been accepted in the GATT agreement to prescribe the labour standards. Social clause , $tands for protecting labour standards, more specificalfy prohibition of employment of children in hazardous industries, providing adequate wages. healthy and hygienic working conditions, special social welfare protection for women, prescription of hours of work and rest and provision for efficacious remedy in case of default by employer to provide these conditions to his workers.

International Human Rights Movements and Protection of Women's Rights

This thesis is an attempt to explore the problems faced by Indian Women and to examine the ways in which the human rights of women could be better protected in the light of international movements with special reference to national legislation and judicial decisions.The evolution of human rights from early period to Universal Declaration of Human Rights, 1948 is traced in the first chapter. The second chapter deals with the evolution of human rights in India. The evolution of fundamental rights and directive principles and the role played by the Indian Judiciary in enforcing the human rights enumerated in various international instruments dealing with human rights are also dealt with in this chapter. The rights guaranteed to women under the various international documents have been dealt with in the third chapter.It is noticed that the international documents have had their impact in India leading to creation of machinery for protection of human rights. Organised violations of women's rights such as prostitution, devadasi system, domestic violence, sexual harassment at workplaces, the evil of dowry, female infanticide etc. have been analysed in the light of existing laws and decisional jurisprudence in the fourth chapter. The fifth chapter analyses the decisions and consensus that emerged from the world conferences on women and their impact on the Indian Society and Judiciary. The constitutional provisions and legislative provisions protecting the rights of women have been critically examined in the sixth chapter. Chapter seven deals with various mechanisms evolved to protect the human rights of women. The eighth chapter contains conclusions and suggestions.

Protection of Farmers’ Rights in India-Challenges for Law in the Context of Plant Breeders’ Rights

School of Legal Studies, Cochin University of Science and Technology

Legal Protection for Consumer of Pharmaceutical Products

The overall focus of the thesis involves the legal protection for consumers of pharmaceutical products.The work on “Legal Protection for Consumers of Pharmaceutical Products” is undertaken to study the legal framework that is existing for this purpose and the functioning of regulating mechanism that is envisaged under it. The purpose of the study is to analyse how far these measures are effective in adequately protecting various aspects of consumer interest. Methodology adopted for the study is analytical.The present study revealed that the theory of freedom of contract is only an ideal relevant when the parties are assumed to be on equal footing.In a more complicated social and economic society, it ceased to have any relevance. Many countries in the world enacted legislations to protect the consumers of pharmaceutical products.The meaning of ‘consumers of drugs’ provided in the law is inclusive and not exhaustive one. The definition of ‘drug’ as interpreted by the courts is comprehensive enough to take in it not only medicines but also substances. The meaning of the word substances has been widened by the interpretation of the courts so as to include all the things used in treatment.The definition of the word ‘consumer’ has been liberally interpreted by the courts so as to provide protective net to a large section of the public.The studies subsequent to this report also revealed that there is a shortage of essential drugs necessary to cure local diseases like tuberculosis and malaria where as drugs containing vitamins and other combinations which are more profitable for the manufacturers are produced and marketed in abundance.The study of the provisions in this regard revealed that the duty of the drug controlling authorities is confined to scrutinize the data of the clinical test already conducted by the sponsor of the drug.Study of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational productStudy of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational product.the study of the provisions of the Drugs and Cosmetics Act and the rules framed under it revealed that the law in this regard is comprehensive to protect the consumer provided it is sufficiently supported by adequately equipped enforcement machinery.

Protection of property and criminal law - A study with special reference to intellectual property

Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development. However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation within the contours of the socialist theory of property, though there was no attempt for any formal theorization. An examination of the decisions under the Penal Code provisions and Constituent Assembly Debates has reinforced the above view that our courts as well as legislature have adopted the socialist concept of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.

Environmental protection pressure groups in kerala: a study on their structure, strategy and role with special reference to industrial pollution

The present study focuses attention on the social phenomenon of environmental protection pressure groups in Kerala. A detailed historical background of environmental protection pressure groups at international and national scenes as background for this study .Emphirical studies of environmental protection pressure groups in Kerala with special reference to industrial pollution is dicussed in detail . The main objective of the study is to identify the factors that make pressure groups succeed or fail in achieving their set objectives.The factors include the structure and strategies of social pressure groups and the support they receive from the environment.

”Public Health Protection through Air Quality Controls”

Health is an important aspect of everybody’s life. Today, there is an increasing recognition and commitment to the pursuit of health both within government and beyond. Any attempt on the part of the " State to protect and promote people’s health, in turn, must be accompanied by effective controls on air quality, as air constitutes ‘ one of the important elements of man’s life and the consequences of air pollution covers a very wide spectrum ranging from material ---damage to personal discomfort and illness. The broad social and economic objectives adumbrated in the Directive Principles of State Policy including the commitment to improve public health underlying in Article 47 and the obligation to preserve and protect-the natural environment cast under Article 48A of the Constitution are being used as versatile weapons by the State to regulate the public health scenario. Preservation and maintenance of air quality is a significant area within the sphere of public health, where the regulatory arm of the law is not adequately touched and in this arena urgent State intervention through legislative and administrative action is called for in the well-being of the society. Judiciary also plays a pivotal role in this arena in the larger interest of the society and for the benefit of the present and future generations. The research study is an attempt to analyze how far the existing legal system, for maintaining air quality and in controlling air pollution, is effective in protecting public health. The study also analyzes the limitations of the control mechanisms. The study focuses on industrial air pollution, indoor and personal air pollution, vehicular pollution and noise pollution which are today appearing as the major public health hazards affecting the air quality. However, this is not to overlook the importance of controls required under other areas of public health.

An Effective Path Protection Method to Attain the Route Stability in MANET

With the increasing popularity of wireless network and its application, mobile ad-hoc networks (MANETS) emerged recently. MANET topology is highly dynamic in nature and nodes are highly mobile so that the rate of link failure is more in MANET. There is no central control over the nodes and the control is distributed among nodes and they can act as either router or source. MANTEs have been considered as isolated stand-alone network. Node can add or remove at any time and it is not infrastructure dependent. So at any time at any where the network can setup and a trouble free communication is possible. Due to more chances of link failures, collisions and transmission errors in MANET, the maintenance of network became costly. As per the study more frequent link failures became an important aspect of diminishing the performance of the network and also it is not predictable. The main objective of this paper is to study the route instability in AODV protocol and suggest a solution for improvement. This paper proposes a new approach to reduce the route failure by storing the alternate route in the intermediate nodes. In this algorithm intermediate nodes are also involved in the route discovery process. This reduces the route establishment overhead as well as the time to find the reroute when a link failure occurs.

Design and Programming of Cathodic Protection for SHIPS

In order to minimize the risk of failures or major renewals of hull structures during the ship's expected life span, it is imperative that the precaution must be taken with regard to an adequate margin of safety against any one or combination of failure modes including excessive yielding, buckling, brittle fracture, fatigue and corrosion. The most efficient system for combating underwater corrosion is 'cathodic protection'. The basic principle of this method is that the ship's structure is made cathodic, i.e. the anodic (corrosion) reactions are suppressed by the application of an opposing current and the ship is there by protected. This paper deals with state of art in cathodic protection and its programming in ship structure

On Queues with Interruption and Protection

Cochin University Of Science And Technology