A Valuable Contribution
Kashmir Journal Of Legal Studies Is A Standard Academic Work
PROF. A.K. KOUL
The first issue of Kashmir Journal of Legal Studies, published by the Kashmir Law College, Srinagar under the able guidance of Prof. AS Bhat, former Head & Dean, Faculty of Law, University of Kashmir, Srinagar, and presently Principal of The Kashmir Law College, is in my hands. In the Editorial of the Journal, Prof. Bhat is at pains to explain the need of the legal journals especially in the context of modernization of legal education as well as in realization of the values enshrined in the Constitution and preparing legal professionals from all walks of legal practice, advocacy and social activism, thereby raising the standards of legal profession in all its manifestations and organizations.
It is common knowledge to all the law professional both academic and practicing that a legal journal is an essential tool not only to express a point of few of an author, but also a vehicle of carrying forward the knowledge of law, its application, its doctrines, precepts, concepts and the plethora of Jurisprudence involved over time the publication of the Journal in its subsequent issues and editions.
To have an overview of the Journal it is important to bear in mind that although Indian legal scholarship finds very limited outlet in publishing in legal journals of repute in India (Journals of Indian Law Institute and Indian Society of International Law and some of the Journals published by law universities, an exception) there are very few Legal Journals published in the country, therefore, the publication of Kashmir Law Journal has an added advantage in the company of few legal journals published in the country. Articles published in Kashmir Journal of Legal Studies, Vol. – I, 2011 and read in the context of the academic needs of the country have lot to speak and contribute towards the enlightenment of the legal scholarship.
Fourteen articles on diverse subjects of law have been published in this first issue of the journal. A kaleidoscopic view of the articles published in the Journal shows variety and varied interests of the scholars in the subjects which have been dealt with in the Journal.
Prof. Afzal Wani, in his Articles, “Curing Carelessness towards Man-Made Disasters through Legislative Actions: Let There Be No More Any Uphar Tragedy” deals the subject in terms of how to manage the disasters through legislative action and has suggested that Chapter X of the Disaster Management Act, 2005 needs a fresh look and calls for a separate legislations, so that the tragedies of Uphar type do not recur. The contribution of Prof. Wani, although brief, is timely, and needs to be taken care of in future legislations tackling the disasters.
Prof. Rafiqi in his Article, “Digital Piracy Under Copyright Regime: A case for Techno-Legal Control” is at pains to explain that with the advancement of Internet, dissemination of digital materials and its access and diffusion has thrown up many problems and piracies that almost all the countries are finding it difficult to cure the menace of piracy. The US Digital Millennium Copyright Act, 1998 along with various WIPO treaties have not proved worth the salt and there are serious dissensions in accepting or acknowledging the utility of the United States Law in curbing piracy. Equally, the European Union passed various laws and directives to control the piracy in the copy right domain and on balance the stakeholders are not happy and even not sure about the results of such laws. The Indian legislation is far behind in respect of preventing copyright infringements in the digital world. There is some proposal pending in the parliament to cure the menace of copyright piracy as well as right to information under the law. The author obviously compares the various options available to Indian stakeholders to combat the digital piracy.
“Taking environmental obligation seriously”, Prof. Dar opens up the vistas of environmental Jurisprudence prior to Bhopal and after, and remarks that these emerging principles have aided to make the legal technicalities easier for the victims and allowed more room for the government to operate, bringing more accountability on the polluters and also caring for the future generations. The impact of the repeated judicial support to these principles has been that a settled judicial legislation has been independently taking roots in the Indian legal system.
Beauty Bandey while dealing with “Maintenance of Muslim Divorcee from Wakf Property: A Socio-Legal Study” underlines the pathetic situation of the divorcee and by analytical tools has found that the majority of respondent shall be happy receiving maintenance out of the Wakf properties.
“Legal Education in the Changing Era of Globalization” by Prof. Khaki, surveys the subject of Legal Education as practiced in the Indian Law Schools and suggests various reforms for improving the standards of Legal Education and concludes that Legal Education is an investment which if wisely made will produce most beneficial results for the nation and accelerate the pace of development.
Mushtaq Ahmad in his Article “Housing Services and Consumer Protection: Judicial Response” delves in to the area of Consumer Protection Act and builds an arguments that the housing as a service should be subjected to the Consumer Protection Act to curb the acts and omissions of housing boards for not extending the housing benefits to the poor.
In the Article “Freedom of Press and Contempt of Court as Reasonable Restriction” by Saigal, the author demonstrates that the privileges of press should not extend to the derogation of the dignity of the Courts or casting motives to Judges that will be bad for democracy.
“Medical Negligence and Consumer Protection Act 1986: A Perspective”, by Dr. Kumar illustrates that doctors, hospitals and nursing homes have been imposed heavy fines. However, Dr. Kumar is interested to develop a thesis that patients as consumers vis-à-vis doctors should not be put in the same scale as ordinary consumers and service providers as the medical profession requires standard of reasonable competent rather than reasonable standards of care.
A long Article by Bhat on “Reproduction Right in Digital Media”, underlines the scope of reproducing the Intellectual Property Rights in the form of copies such as copyright works, sound recordings, films, broadcasts etc. The reproduction rights although are protected rights and various international treaties including TRIPS legitimizes the rights of the authors not to be reproduced, yet there are possibilities in the digital world that the copyright works get reproduced ad-inifnitum. Therefore, the law must be changed to protect the infringements of the copyrighted works by temporary and permanent reproduction, and if any economic benefit accrued to the infringer, the owner of the copyright should be compensated by the infringer.
Suheem Altaf in a small but very valuable article, “Investigation Power of Securities and Exchange Board of India: An Overview”, underlines the importance of SEBI and has given many suggestions to make SEBI more meaningful and suggests that study of SEBI should be included in the syllabus of Law courses.
“Female Participation in Dowry Crimes: A Challenge to Feminism” by Dr. Guptaand Nayyar develops an argument that in the case of Dowry crimes when female participation happens as an abettor, actor and accomplices, the incidents of convicting such abettors although is comparatively low, yet there needs to be reappraisal of those issues raised in dowry crimes by way of abetment by the female folks.
After reading and reviewing the various articles, their scholastics content and the teleology of the Journal, it’s my considered opinion that Kashmir Law College under the able guidance of Prof. A.S. Bhat has done a great service to the legal academics by adding a Journal, Kashmir Journal of Legal Studies to the already scant and limited publication of legal journals in the country.
Reviewer is Vice-Chancellor National University of Study and Research in Law, Ranchi
Lastupdate on : Wed, 23 Jan 2013 21:30:00 Makkah time
Lastupdate on : Wed, 23 Jan 2013 18:30:00 GMT
Lastupdate on : Thu, 24 Jan 2013 00:00:00 IST
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