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LL.M.

LL.M. SYLLABUS
COMPULSORY COURSES
01 LAW AND SOCIAL TRANSFORMATION IN INDIA.
Objectives of the course
This course is designed to offer the teacher and the taught with - (a) awareness of Indian approaches
to social and economic problems in the context of law as a means of social control and change;
and (b) a spirit of inquiry to explore and exploit law and legal institutions as a means to achieve
development within the framework of law. The endeavour is to make the students aware of the
role the law has played and has to play in the contemporary Indian society
The following syllabus prepared with this perspectives will be spread over a period of one semester
Syllabus
1. Law and social change
1.1. Law as an instrument of social change.
1.2. Law as the product of traditions and culture. Criticism and evaluation in the light of
colonisation and the introduction of common law system and institutions in India
and its impact on further development of law and legal institutions in India.
2. Religion and the law
2.1. Religion as a divisive factor.
2.2. Secularism as a solution to the problem.
2.3. Reform of the law on secular lines: Problems.
2.4. Freedom of religion and non-discrimination on the basis of religion.
2.5. Religious minorities and the law.
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3. Language and the law
3.1. Language as a divisive factor: formation of linguistic states.
3.2. Constitutional guarantees to linguistic minorities.
3.3. Language policy and the Constitution: Official language; multi-language system.
3.4. Non-discrimination on the ground of language.
4. Community and the law
4.1. Caste as a divisive factor
4.2. Non-discrimination on the ground of caste.
4.3. Acceptance of caste as a factor to undo past injustices.
4.4. Protective discrimination: Scheduled castes, tribes and backward classes.
4.5. Reservation; Statutory Commissions., Statutory provisions.
5. Regionalism and the law
5.1. Regionalism as a divisive factor.
5.2. Concept of India as one unit.
5.3. Right of movement, residence and business; impermissibility of state or regional
barriers.
5.4. Equality in matters of employment: the slogan "Sons of the soil" and its practice.
5.5. Admission to educational institutions: preference to residents of a state.
6. Women and the law
6.1. Crimes against women.
6.2. Gender injustice and its various forms.
6.3. Women's Commission.
6.4. Empowerment of women: Constitutional and other legal provisions.
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7. Children and the law
7.1. Child labour.
7.2. Sexual exploitation.
7.3. Adoption and related problems.
7.4. Children and education.
8. Modernisation and the law
8.1. Modernisation as a value: Constitutional perspectives reflected in the fundamental
duties.
8.2. Modernisation of social institutions through law.
8.2.1. Reform of family law
8.2.2. Agrarian reform - Industrialisation of agriculture.
8.2.3. Industrial reform: Free enterprise v. State regulation - Industrialisation v.
environmental protection.
8.3. Reform of court processes.
8.3.1. Criminal law: Plea bargaining; compounding and payment of compensation to
victims.
8.3.2. Civil law: (ADR) Confrontation v. consensus; mediation and conciliation; Lok adalats.
8.3.3. Prison reforms.
8.4. Democratic decentralisation and local self-government.
9. Alternative approaches to law
9.1. The jurisprudence of Sarvodaya--- Gandhiji, Vinoba Bhave; Jayaprakash Narayan
---Surrender of dacoits; concept of grama nyayalayas.
9.2. Socialist thought on law and justice: An enquiry through constitutional debates on
the right to property.
9.3. Indian Marxist critique of law and justice.
9.4. Naxalite movement: causes and cure.
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Select Bibliography
Marc Galanter (ed.), Law and Society in Modern India (1997 ) Oxford,
Robert Lingat, The Classical Law of India (1998), Oxford
U. Baxi, The Crisis of the Indian Legal System (1982). Vikas, New Delhi.
U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi, Bombay.
Manushi, A Journal About Women and Society.
Duncan Derret, The State, Religion and Law in India (1999). Oxford University Press, New Delhi.
H.M. Seervai, Constitutional Law of India (1996), Tripathi.
D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.
Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000) Armol Publications,
Delhi.
Savitri Gunasekhare, Children, Law and Justice (1997), Sage
Indian Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)
J.B. Kripalani, Gandhi: His Life and Thought, (1970)Ministry of Information and Broadcasting,
Government of India
M.P.Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.
Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999), Oxford
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002 INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES.
Objectives of the Course
The Constitution, a living document, is said to be always in the making. The judicial process of
constitutional interpretation involves a technique of adapting the law to meet changing social mores.
Constitution being the fundamental law, an insight into its new trends is essential for a meaningful
understanding of the legal system and processes. The post graduate students in law who had the
basic knowledge of Indian Constitutional Law at LL.B level, should be exposed to the new challenges
and perspectives of constitutional development while they are allowed to choose an area of law for
specialisation. Obviously, rubrics under this paper require modification and updating from time to
time.
The following syllabus prepared with this perspective will be spread over a period of one semester.
Syllabus
1. Federalism
1.1. Creation of new states
1.2. Allocation and share of resources - distribution of grants in aid
1.2.1. The inter-state disputes on resources
1.3. Rehabilitation of internally displaced persons.
1.4. Centre's responsibility and internal disturbance within States.
1.5. Directions of the Centre to the State under Article 356 and 365
1.6. Federal Comity : Relationship of trust and faith between Centre and State.
1.7. Special status of certain States.
1.7.1. Tribal Areas, Scheduled Areas
2. "State" : Need for widening the definition in the wake of liberalisation.
3. Right to equality: privatisation and its impact on affirmative action.
4. Empowerment of women.
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5. Freedom of press and challenges of new scientific development
5.1. Freedom of speech and right to broadcast and telecast.
5.2. Right to strikes, hartal and bandh.
6. Emerging regime of new rights and remedies
6.1. Reading Directive Principles and Fundamental Duties into Fundamental Rights
6.11. Compensation jurisprudence
6. 1.2. Right to education
6.1.2.1. Commercialisation of education and its impact.
6.1.2.2. Brain drain by foreign education market.
7. Right of minorities to establish and administer educational institutions and state
control.
8. Secularism and religious fanaticism.
9. Separation of powers: stresses and strain
9.1. Judicial activism and judicial restraint.
9.2. PIL: implementation.
9.3. Judicial independence.
9.3.1. Appointment, transfer and removal of judges.
9.4. Accountability: executive and judiciary.
9.5. Tribunals
10. Democratic process
10.1. Nexus of politics with criminals and the business.
10.2. Election
10.3. Election commission: status.
10.4. Electoral Reforms
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10.5. Coalition government, 'stability, durability, corrupt practice'
10.6. Grass root democracy.
Select bibliography
No specific bibliography is suggested for this course since the course materials obviously depends
upon the latest developments. These developments in the areas specified in the course can be
gathered from the recent materials such as case law, changes and amendments of laws, critical
comments, studies and reports, articles and research papers and lastly contemporary emerging
ethos impacting on constitutional values.
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03 JUDICIAL PROCESS
Objectives of the course
A lawyer, whether academic or professional, is expected to be competent to analyse and evaluate
the legal process from a broader juristic perspective. Hence a compulsory paper on Judicial
Process is essential in the LL.M curriculum. The objective of this paper is to study the nature of
judicial process as an instrument of social ordering. It is intended to highlight the role of court as
policy maker, participant in the power process and as an instrument of social change. This paper
further intends to expose the intricacies of judicial creativity and the judicial tools and techniques
employed in the process.
Since the ultimate aim of any legal process or system is pursuit of justice, a systematic study of the
concept of justice and its various theoretical foundations is required. This paper, therefore, intends
to familiarise the students with various theories, different aspects and alternative ways, of attaining
justice.
The following syllabus prepared with the above perspective will spread over a period of one semester
Syllabus
1. Nature of judicial process
1.1. Judicial process as an instrument of social ordering
1.2. Judicial process and creativity in law - common law model - Legal Reasoning and
growth of law - change and stability.
1.3. The tools and techniques of judicial creativity and precedent.
1.4. Legal development and creativity through legal reasoning under statutory and
codified systems.
2. Special Dimensions of Judicial Process in Constitutional Adjudications.
2.1. Notions of judicial review
2.2. ' Role' in constitutional adjudication - various theories of judicial role.
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2.3. Tools and techniques in policy-making and creativity in constitutional adjudication.
2.4. Varieties of judicial and juristic activism
2.5. Problems of accountability and judicial law-making.
3. Judicial Process in India
3.1. Indian debate on the role of judges and on the notion of judicial review.
3.2. The "independence" of judiciary and the "political" nature of judicial process
3.3. Judicial activism and creativity of the Supreme Court - the tools and techniques of
creativity.
3.4. Judicial process in pursuit of constitutional goals and values - new dimensions of
judicial activism and structural challenges
3.5. Institutional liability of courts and judicial activism - scope and limits.
4. The Concepts of Justice
4.1. The concept of justice or Dharma in Indian thought
4.2. Dharma as the foundation of legal ordering in Indian thought.
4.3. The concept and various theories of justice in the western thought.
4.4. Various theoretical bases of justice: the liberal contractual tradition, the liberal
utilitarian tradition and the liberal moral tradition.
5. Relation between Law and Justice
5.1. Equivalence Theories - Justice as nothing more than the positive law of the stronger
class
5.2. Dependency theories - For its realisation justice depends on law, but justice is not
the same as law.
5.3. The independence of justice theories - means to end relationship of law and justice
- The relationship in the context of the Indian constitutional ordering.
5.4. Analysis of selected cases of the Supreme Court where the judicial process can be
seen as influenced by theories of justice.
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Select Bibliography
Julius Store, The Province and Function of Law, Part II, Chs. 1. 8-16 (2000), Universal, New Delhi.
Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi
Henry J.Abraham , The Judicial Process (1998), Oxford.
J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworths
W.Friedmann, Legal Theory (1960), Stevens, London
Bodenheimer, Jurispurdence - the Philosophy and Method of the Law (1997), Universal, Delhi
J..Stone, Legal System and Lawyers' Reasonings (1999), Universal, Delhi
U.Baxi, The Indian Supreme Court and Politics (1980), Eastern,Lucknow.
Rajeev Dhavan, The Supreme Court of India - A Socio -Legal Critique of its Juristic Techniques
(1977), Tripathi, Bombay.
John Rawls, A Theory of Justice (2000), Universal, Delhi
Edward H.Levi, An Introduction to Legal Reasoning (1970), University of Chicago.
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004 LEGAL EDUCATION AND RESEARCH METHODOLOGY
Objectives of the course
A post-graduate student of law should get an insight into the objectives of legal education. He
should have an exposure to programmes like organisation of seminars, publication of law journals
and holding of legal aid clinics.
Law is taught in different ways in different countries. The LL.M course, being intended also to
produce lawyers with better competence and expertise, it is imperative that the student should
familiarise himself with the different systems of legal education. The lecture method both at LL.B
level and LL.M level has many demerits. The existing lacunae can be eliminated by following other
methods of learning such as case methods, problem method, discussion method, seminar method
and a combination of all these methods. The student has to be exposed to these methods so as
to develop his skills.
Growth of legal science in India depends on the nature and career of legal research. The syllabus
is designed to develop also skills in research and writing in a systematic manner.
Syllabus
1. Objectives of Legal Education
2. Lecture Method of Teaching - Merits and demerits
3. The Problem Method
4. Discussion method and its suitability at postgraduate level teaching
5. The Seminar Method of teaching
6. Examination system and problems in evaluation - external and internal assessment.
7. Student participation in law school programmes - Organisation of Seminars, publication
of journal and assessment of teachers
8. Clinical legal education - legal aid, legal literacy, legal survey and law reform
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9. Research Methods
9.1. Socio Legal Research
9.2. Doctrinal and non-doctrinal
9.3. Relevance of empirical research
9.4. Induction and deduction
10. Identification of Problem of research
10.1. What is a research problem?
10.2. Survey of available literature and bibliographical research.
10.2.1. Legislative materials including subordinate legislation, notification and policy
statements
10.2.2. Decisional materials including foreign decisions; methods of discovering the "rule
of the case" tracing the history of important cases and ensuring that these have not
been over-ruled; discovering judicial conflict in the area pertaining to the research
problem and the reasons thereof.
10.2.3. Juristic writings - a survey of juristic literature relevant to select problems in India
and foreign periodicals.
10.2.4. Compilation of list of reports or special studies conducted relevant to the problem.
11. Preparation of the Research Design
11.1. Formulation of the Research problem
11.2. Devising tools and techniques for collection of data : Methodology
11.2.1. Methods for the collection of statutory and case materials and juristic literature
11.2.2. Use of historical and comparative research materials
11.2.3. Use of observation studies
11.2.4. Use of questionnaires/interview
11.2.5. Use of case studies
11.2.6. Sampling procedures - design of sample, types of sampling to be adopted.
11.2.7. Use of scaling techniques
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11.2.8. Jurimetrics
11.3. Computerized Research - A study of legal research programmes such as Lexis
and West law coding
11.4. Classification and tabulation of data - use of cards for data collection - Rules for
tabulation. Explanation of tabulated data.
11.5. Analysis of data
Bibliography
High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active Learning in your
Law School, (1998) Blackstone Press Limited, London
S.K.Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay.
N.R. Madhava Menon, (ed) A Handbook of Clinical Legal Education, (1998) Eastern Book Company,
Lucknow.
M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)
Pauline V. Young, Scientific Social Survey and Research, (1962)
William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book Company,
London
H.M.Hyman, Interviewing in Social Research (1965)
Payne, The Art of Asking Questions (1965)
Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)
Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.
Havard Law Review Association, Uniform System of Citations.
ILI Publication, Legal Research and Methodology.GROUP-B CRIMINAL LAW
B 012 COMPARATIVE CRIMINAL PROCEDURE
Objectives of the course
Criminal Procedure is being taught as a compulsory paper at the level of LL.B. today. However,
a jurisprudential thrust has to be given to this subject at the post-graduate level as this is a subject
which has constitutional undertones and jurisprudential importance. A study of comparative criminal
procedure helps students develop an ecumenical approach and broadens their vision. It inspires
them renew and revise their laws to be in tune with developed systems. The paper is taught with
reference to India, England, France and China
Syllabus
1. Organisation of Courts and Prosecuting Agencies
1.1. Hierarchy of criminal courts and their jurisdiction
1.1.1. Nyaya Panchayats in India
1.1.1.1. Panchayats in tribal areas
1.2. Organisation of prosecuting agencies for prosecuting criminals
1.2.1. Prosecutors and the police
1.3. Withdrawal of prosecution.
2. Pre-trial Procedures
2.1. Arrest and questioning of the accused
2.2. The rights of the accused
2.3. The evidentiary value of statements / articles seized / collected by the police
2.4. Right to counsel
2.5. Roles of the prosecutor and the judicial officer in investigation.
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3. Trial Procedures
3.1. The accusatory system of trial and the inquisitorial system
3.2. Role of the judge, the prosecutor and defence attorney in the trial
3.3. Admissibility and inadmissibility of evidence
3.3.1. Expert evidence
3.4. Appeal of the court in awarding appropriate punishment.
3.5. Plea bargaining
4. Correction and Aftercare services
4.1. Institutional correction of the offenders
4.2. General comparison - After - care services in India and France
4.3. The role of the court in correctional programmes in India.
5. Preventive Measures in India
5.1. Provisions in the Criminal Procedure Code
5.2. Special enactments
6. Public Interest Litigation
6.1. Directions for criminal prosecution.
Select bibliography
Celia Hamptom, Criminal Procedure
Wilkins and Cross, Outline of the Law of Evidence
Archbold, Pleading, Evidence and Practice in Criminal Cases
Sarkar, Law of Evidence
K.N.Chandrasekharan Pillai(ed.), R.V. Kelkar's Outlines of Criminal Procedure (2000), Eastern,
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Lucknow.
Patric Devlin, The Criminal Prosecution in England
American Series of Foreign Penal Codes Criminal Procedure Code of People's Republic of China.
John N. Ferdico, Criminal Procedure (1996), West
Sanders & Young, Criminal Justice (1994)
Christina Van Den Wyngart, Criminal Procedure Systems in European Community Joel Samaha,
Criminal Procedure (1997), West
Criminal Procedure Code,1973
The French Code of Criminal Procedure,
14th and 41st Reports of Indian Law Commission.
The Paper will be taught with reference, wherever necessary, to the procedures in India, England,
US France, Russia and China
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B 013 PENOLOGY: TREATMENT OF OFFENDERS
Objectives of the course
This course offers a specialist understanding of criminal policies including theories of punishment,
their supposed philosophical and sociological justifications and the problematic of discretion in the
sentencing experience of the 'developing' societies, a focus normally absent in law curricula so far.
The expert work of the U.N. Committee on Crime Prevention and Treatment of Offenders will be
availed of in this course. Especially, at each stage, the three 'D's will be explored as offering a
range of alternatives: decriminalisation, dependization, deinstitutionalization. Broadly, the course
will concern itself with:
(a) Theories of Punishment
(b) Approaches to Sentencing
(c) Alternatives to Imprisonment
(d) The State of Institutional Incarceration in India: Jails and other custodial institutions
(e) The problematic of Capital Punishment
(f) Penology in relation to privileged class deviance
(g) Penology in relation to marginalized deviance or criminality
(h) The distinctive Indian (historical and contemporary) approaches to penology
The following syllabus prepared with this perspective will be spread over a period of one semester.
Syllabus
1. Introductory
1.1. Definition of Penology
2. Theories of Punishment
2.1. Retribution
2.2. Utilitarian prevention: Deterrence
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2.3. Utilitarian: Intimidation
2.4. Behavioural prevention: Incapacitation
2.5. Behavioural prevention: Rehabilitation - Expiation
2.6. Classical Hindu and Islamic approaches to punishment.
3. The Problematic of Capital Punishment
3.1. Constitutionality of Capital Punishment
3.2. Judicial Attitudes Towards Capital Punishment in India - An inquiry through the
statute law and case law.
3.3. Law Reform Proposals
4. Approaches to Sentencing
4.1. Alternatives to Imprisonment
4.1.1. Probation
4.1.2. Corrective labour
4.1.3. Fines
4.1.4. Collective fines
4.1.5. Reparation by the offender/by the court
5. Sentencing
5.1. Principal types of sentences in the Penal Code and special laws
5.2. Sentencing in white collar crime
5.3. Pre-sentence hearing
5.4. Sentencing for habitual offender
5.5. Summary punishment
5.6. Plea-bargaining
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6. Imprisonment
6.1. The state of India's jails today
6.2. The disciplinary regime of Indian prisons
6.3. Classification of prisoners
6.4. Rights of prisoner and duties of custodial staff.
6.5. Deviance by custodial staff
6.6. Open prisons
6.7. Judicial surveillance - basis - development reforms
Select bibliography
S. Chhabbra, The Quantum of Punishment in Criminal Law (1970),
H.L.A. Hart, Punishment and Responsibility (1968)
Herbert L. Packer, The Limits of Criminal Sanction (1968)
Alf Ross, On Guilt, Responsibility and Punishment (1975)
A. Siddique, Criminology (1984) Eastern, Lucknow.
Law Commission of India, Forty-Second Report Ch. 3 (1971)
K.S. Shukla, "Sociology of Deviant Behaviour" in 3 ICSSR Survey of Sociology and Social
Anthropology 1969-179 (1986)
Tapas Kumar Banerjee, Background to Indian Criminal Law (1990), R.Campray & Co., Calcutta.
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B 014 PRIVILEGED CLASS DEVIANCE
Objectives of the course
This course focuses on the "Criminality of the "Privileged classes". The definition of "privileged
classes" in a society like India should not pose major problem at all; the expression nearly includes
weilders of all forms of state and social (including religious) power. Accordingly, the course focusses
on the relation between privilege power and deviant behaviour. The traditional approaches which
highlight "white-collar offences", "socio-economic offences" or "crimes of the powerful" deal mainly
with the deviance of the economically resourceful. The dimension of deviance associated with
bureaucracy, the new rich (nouveau riche), religious leaders and organizations, professional classes
and the higher bourgeoisie are not fully captured here.
In designing teaching materials for this course, current developments in deviance, as reflected in
newspapers/journals, law reports, and legislative proceedings should be highlighted.
It should be stressed that the objectives of the course include:
(a) Dispelling of the commonly held belief that deviance crime is usually associated with the
impoverished or improvident;
(b) Construction of model so understanding the reality of middle and upper; middle class
deviance criminality in India;
(c) Critical analyses of legal system responses and
(d) Issues and dilemmas in penal and sentencing policies.
The following syllabus prepared with the above objectives will be spread over a period of one
semester.
Syllabus
1. Introduction
1.1. Conceptions of white collar crimes
1.2. Indian approaches to socio-economic offences
1.3. Notions of privileged class deviance as providing a wider categorization of
understanding Indian development
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1.4. Typical forms of such deviance
1.4.1. Official deviance (deviance by legislators, judges, bureaucrats)
1.4.2. Professional deviance: journalists, teachers, doctors, lawyers, engineers, architects
and publishers
1.4.3. Trade union deviance (including teachers, lawyers/urban property owners)
1.4.4. Landlord deviance (class/caste based deviance)
1.4.5. Police deviance
1.4.6. Deviance on electoral process (rigging, booth capturing, impersonation, corrupt
practices)
1.4.7. Gender-based aggression by socially, economically and politically powerful
NOTE: Depending on specialist interest by the teacher and the taught any three areas of deviance
of privileged class may be explored. What follows is only illustrative of one model of doing the
course.
2. Official Deviance
2.1. Conception of official deviance - permissible limit of discretionary powers.
2.2. The Chambal valley dacoit Vinoba Mission and Jai Prakash Narain Mission - in
1959 and 1971
2.3. The Chagla Commission Report on LIC-Mundhra Affair
2.4. The Das Commission Report on Pratap Singh Kairon
2.5. The Grover Commission Report on Dev Raj Urs
2.6. The Maruti Commission Report
2.7. The lbakkar-Natarajan Commission Report on Fairfax.
3. Police Deviance
3.1. Structures of 1egal restraint on police powers in India
3.2. Unconstitutionality of "third-degree" methods and use of fatal force by police
3.3. "Encounter" killings
3.4. Police atrocities
3.5. The plea of superior orders
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3.6. Rape and related forms of gender-based aggression by police and para-military
forces
3.7. Reform suggestions especially by the National Police Commissions
4. Professional Deviance
4.1. Unethical practices at the Indian bar
4.2. The Lentin Commission Report
4.3. The Press Council on unprofessional and unethical journalism
4.4. Medical malpractice
5. Response of Indian Legal Order to the Deviance of Privileged Classes
5.1. Vigilance Commission
5.2. Public Accounts Committee
5.3. Ombudsman
5.4. Commissions of Enquiry
5.5. Prevention of Corruption Act, 1947
5.6. The Antulay Case
Select bibliography
Upendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House, New Delhi.
Upendra Baxi (ed.), Law and Poverty: Essays (1988)
Upendra Baxi, Liberty and Corruption: The Antulay Case and Beyond (1989)
Surendranath Dwevedi and G.S. Bbargava, Political Corruption in India (1967)
A.R. Desai (ed.) Violation of democratic Rights in India (1986)
A.G. Noorani, Minister's Misconduct (1974)
B.B. Pande, 'The Nature and Dimensions of Privileged Class Deviance" in The Other Side of
Development 136 (1987; K.S. Shukla ed.).
Indira Rotherm und, "Patterns of Trade Union Leadership in Dhanbad Coal fields" 23 J.I.L.I 522
(1981)
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B 015 DRUG ADDICTION, CRIMINAL JUSTICE AND HUMAN RIGHTS
Objectives of the course
Almost all the major dilemmas of criminal policy surface rather acutely in combating drug addiction
and trafficking through the legal order. The issue of interaction between drug abuse and criminality
is quite complex. At least three important questions have been recently identified as crucial for
comparative research. First, to what extent drug dependence contributes to criminal behaviour?
Second, in what ways do criminal behaviour patterns determine drug abuse? Third, are there any
common factors which contribute to the determination of both drug abuse and criminal behaviour?
Apart from these causal issues, there is the broad questions of the social costs-benefits of
criminalization of addictive behaviour. Should drug-taking remain in the category of "crime without
victims?" Or should it be viewed as posing an ever-growing threat to human resource development
and be subjected to state control, over individual choices as to survival and life-styles?
The problems here are not merely ideological or theoretical. User of drugs for personal, nontherapeutic
purposes may well be linked with international trafficking in psychotropic substance. It
has even been suggested that encouragement of drug-dependency may have, in addition to
motivation of high profits, politically subversive aspects.
Assuming that both addiction and trafficking have to be regulated, what penal polices should be
appropriate? What human rights costs in the administration of criminal justice should be considered
acceptable? The international response to these questions is indicated by the Single Convention
on Narcotic Drugs, 1961, adopted in New York, 30 March 1961 and as amended by 1972 Protocol
in Geneva, 25 March, 1972 and the Convention on Psychotropic substances, adopted in Vienna,
21 February 1971. India has recently adopted the basic principles of these conventions in the
Narcotic Drugs and Psychotropic Substances Act, 1986
Broadly, penal policy dilemmas here relate to: (a) management of sanctions relating to production,
distribution and illicit commerce in Narcotic Substances and, (b) ways of prevention of abuse of
drugs, including speedy diagnosis, treatment, correction, aftercare, rehabilitation, and realization
of persons affected.
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Important problems of method in studying the impact of regulation need evaluated at every stage.
The following syllabus prepared with the above perspective will be spread over a period of one
semester.
Syllabus
1. Introductory
1.1. Basic conceptions
1.1.1. Drugs ' narcotics" "psychotropic substances"
1.1.2. 'Dependence," "addiction"
1.1.3. "Crimes without victims
1.1.4. "Trafficking" in "drugs"
1.1.5. "Primary drug abuse"
2. How Does One Study the Incidence of Drug Addiction and Abuse?
2.1. Self-reporting
2.2. Victim-studies
2.3. Problems of comparative studies
3. Anagraphic and Social Characteristics of Drug Users
3.1. Gender
3.2. Age
3.3. Religiousness
3.4. Single individuals/cohabitation
3.5. Socio-economic level of family
3.6. Residence patterns (urban/rural/urban)
3.7. Educational levels
3.8. Occupation
3.9. Age at first use
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3.10. Type of drug use
3. 11. Reasons given as cause of first use
3.12. Method of Intake
3.13. Pattern of the -Use
3.14. Average Quantity and Cost
3.15. Consequences on addict's health (physical/psychic)
NOTE: Since no detailed empirical studies exist in India, the class should be in this topic sensitised
by comparative studies. The principal objective of this discussion is to orient the class to a whole
variety of factors which interact in the 'making' of a drug addict.
4. The International Legal Regime
4.1. Analysis of the background, text and operation of the Single Convention on Narcotic
Drugs, 1961, 1972
4.2. Analysis of the Convention on Psychotropic Substances, 1972
4.3. International collaboration in combating drug addiction
4.4. The SARC, and South-South Cooperation
4.5. Profile of international market for psychotropic substances
5. The Indian Regulatory System
5.1. Approaches to narcotic trafficking during colonial India
5.2. Nationalist thought towards regulation of drug trafficking and usage
5.3. The penal provisions (under the IPC and the Customs Act)
5.4. India's role in the evolution of the two international conventions
5.5. Judicial approaches to sentencing in drug trafficking and abuse
5.6. The Narcotic Drugs and Psychotropic Substances Act, 1985
5.7. Patterns of resource investment in India: policing adjudication, treatment, aftercare
and rehabilitation
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6. Human Rights Aspects
6.1. Deployment of marginalized people as carrier of narcotics
6.2. The problem of juvenile drug use and legal approaches
6.3. Possibilities of misuse and abuse of investigative prosecutory powers
6.4. Bail
6.5. The Problem of differential application of the Ugal Regimes, especially in relation
to the resource less
7. The Role of Community In Combating Drug Addiction
7.1. Profile of Community initiatives in inhibition of dependence and addiction (e.g. de
addiction and aftercare)
7.2. The role of educational systems
7.3. The role of medical profession
7.4. The role of mass media
7.5. Initiatives for compliance with regulatory systems
7.6. Law reform initiatives
Select bibliography
H.S. Becker, Outsiders : The Studies in Sociology of Deviance (1966)
J.A. Incard, C.D. Chambers, (eds.), Drugs and the Criminal Justice System (1974)
R. Cocken, DrugAbuse andpersonality in Young Offenders (1971)
G. Edwards Busch, (ed.) Drug Problems in Britain : A Review of Ten Years (1981)
P. Kondanram and Y.N. Murthy, "Drug Abuse and Crime : A Preliminary Study" 7 Indian Journal of
Criminology, 65-68 (1979)
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P.R. Rajgopat Violence and Response: A Critque of the Indian Criminal System (1988)
United Nations, Economic and Social Reports of the Commission on Narcotic Drugs, United Nations
Social Defence, Research Institute (UNSDRI) Combating Drug Abuse and Related Crimes (Rome,
July 1984, Publication No. 21).
Lok Sabha and Rajya Sabha Debates on 1986 Bill on Psychotropic Substances. Useful Journals
in this area are:
(i) The Law and Society Review (USA)
(ii) Journal of Drug Issues (Tallahassee Florida)
(iii) International Journal of Addictions (New York)
(iv) British Journal of Criminology
(v) Journal of Criminal Law, Criminology and Police Science (Baltimore , Md.)
(vi) Journal of Criminal Law and Criminology (Chicago, III)
(vii) International Journal of Offender Therapy and Comparative Criminology (London)
(viii) Bulletin on Narcotics (United Nations)
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B 016 JUVENILE DELINQUENCY
Objectives of the course
Juvenile delinquency is considered and important branch of criminology. The impact of juvenile
delinquency upon the formation of Indian criminology tradition does not seem to be noticeable. No
understanding of crimes and treatment of offenders can be complete without a sure grasp of
causes, carrots, and cures of juvenile delinquency.
Increasingly, it is being also realized that young offenders require a wholly different centre of
criminal justice system and should not be treated in the same way as the adult offenders. Juvenile
Justice System, although a part of the criminal justice system has now its own autonomous
characteristics.
In addition, the state and the law have to deal with juveniles in certain situations, as parens patriae.
The category of 'neglected children' defines the burdens of care which state and society have to
assume for neglected children. Most categories of neglected children are also themselves the
victims of crime. The institutional care of children poses its own distinctive dilemmas. These, too,
should be discussed, especially, at the level of resource investment compared with the extent of
need.
The following syllabus prepared with this perspective will extend to a period of one semester.
Syllabus
1. The Basic Concepts
1.1. The conception of 'child' in Indian Constitution and Penal Code.
1.2. Delinquent juvenile
1.3. "Neglected" juvenile
1.4. The overall situation of children/young persons in India, also with reference to crime
statistics (of crimes by and against children)
2. Determining Factors of Juvenile Delinquency
2.1. Differential association
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2.2. Anomie
2.3. Economic pressure
2.4. Peer group influence
2.5. Gang sub-culture
2.6. Class differentials
3. Legislative Approaches
3.1. Legislative approaches during the late colonial era.
3.2. Children's Act
3.3. Legislative position in various States
3.4. The Juvenile Justice Act
3.4.1. Constitutional aspects.
3.4.2. Distinction between "Neglected" and "delinquent" juveniles.
3.4.3. Competent authorities
3.4.4. Processual safeguards for juveniles
3.4.5. Powers given to government
3.4.6. Community participation as envisaged under the Act
4. Indian Context of Juvenile Delinquency
4.1. The child population percentage to total sex-ratio, urban/rural/rural-urban
4.2. Neglected - below poverty line, physically and mentally disabled, orphans, destitutes,
vagrants.
4.3. Labourers
4.3.1. In organised industries like zari, carpet, bidi, glass
4.3.2. In unorganised sector like domestic servant, shops and establishments, rag-pickers
family trade.
4.4. Delinquent - number, sex-ratio, ratio to adult crime, types of offences committed,
recidivism, rate of increase background
4.5. Drug addicts
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4.6. Victims
4.6.1. Of violence - sexual abuse, battered, killed by parents
4.6.2. Of criminal activities like bootlegging, drug pollution as a response of protective
approach
5. Judicial Contribution
5.1. Social action litigation concerning juvenile justice
5.2. Salient judicial decisions
5.3. Role of legal profession in juvenile justice system.
6. Implementation
6.1. Institutions, bodies, personnel
6.2. Recruiting and funding agencies
6.3. Recruitment qualifications and salaries or fund
6.4. Other responsibilities of each agency/person
6.5. Coordination among related agencies
6.6. Accountability-annual reports and accessibility of public to juvenile justice institution.
7. Preventive Strategies
7.1. State Welfare programmes health, nutrition, ICWS, grants-in-aid
7.2. Compulsory education
7.3. Role of community, family, voluntary, bodies, individuals.
Select bibliography
National institute of Social Defence, Model Rules under the Juvenile Justice Act, 1986, (1986)
K.S. Shukla, Adolescent Offender (1985)
United Nations, Beijing Rules on Treatment of Young Offenders (1985)
Myron Weiner, The Child and State in India (1990)
The United Nations Declaration on the Rights of Children
UNICEF periodic materials
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B 017 COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM
Objectives of the course
This is a crucial area of Indian development with which traditional, western, criminology is not
overly preoccupied. Collective political violence (CPV) is the order of the day, whether it is agrarian
(feudal) violence, or it is atrocities against untouchables, communal riots, electoral violence, police
violence (encounters), political violence by militant and extremist groups, gender-based violence
or violence involved in mercenary terrorism and its containment.
It is not very helpful in such contexts, to mouth the generalities such as "criminalization" or
"lumpenization" of Indian politics. Closer scientific investigation of these phenomena is crucial,
which should help us understand both the aetiology and the prognosis of CPV. Instead of political
analysis the course should focus on a broader social under- standing of the political economy of
law in India. Each specific form of violence will be examined with a view to identifying the course of
its evolution, the state-law response policies of management of sanctions, compensation and
rehabilitation of victims of violence, social and political costs. The growth of police and paramilitary
forces will also, in this context, be an object of study. Primary materials here will be governmental
and citizen investigative reports. The emphasis of the course will be on fashioning overall democratic
understanding and responses to meet this problem.
The following syllabus prepared with this perspective will be spread over a period of one semester.
Syllabus
1. Introductory
1.1. Notions of "force", "coercion", "violence"
1.2. Distinctions: "symbolic" violence, "institutionalised' violence, "structural violence"
1.3. Legal order as a coercive normative order
1.4. Force-monopoly of modem law
1.5. "Constitutional" and "criminal" speech: Speech as incitement to violence
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1.6. "Collective political violence" and legal order
1.7. Notion of legal and extra-legal "repression"
2. Approaches to Violence in India
2.1. Religiously sanctioned structural violence: Caste and gender based
2.2. Ahimsa in Hindu, Jain, Buddhist, Christian, and Islamic traditions in India
2.3. Gandhiji's approach to non-violence
2.4. Discourse on political violence and terrorism during colonial struggle
2.5. Attitudes towards legal order as possessed of legitimate monopoly over violence
during the colonial period
3. Agrarian Violence and Repression
3.1. The nature and scope of agrarian violence in the 18-19 centuries India
3.2. Colonial legal order as a causative factor of collective political (agrarian) violence
3.3. The Telangana struggle and the legal order
3.4. The Report of the Indian Human Rights Commission on Arwal Massacre
4. Violence against the Scheduled Castes
4.1. Notion of Atrocities
4.2. Incidence of Atrocities
4.3. Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities
4.4. Violence Against Women
5. Communal Violence
5.1. Incidence and courses of "communal" violence
5.2. Findings of various commissions of enquiry
5.3. The role of police and para-military systems in dealing with communal violence
5.4. Operation of criminal justice system tiring, and in relation to, communal violence
NOTE: Choice of further areas will have to be made by the teacher and the taught
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Select bibliography
U. Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and Social Change: Indo-
American Reflections 92 (1988)
U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)
A.R. Desal, (ed.) Peasant Struggles in India, (1979)
A.R. Desai, Agrarian Struggles in India: After Independence (1986) A.R. Desai, Violation of
democratic Rights in India (1986)
D.A. Dhangare, Peasant Movement in India: 1920-1950 (1983)
Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India (1983) Ranjit Guba,
(ed, ) Subaltern Studies Vol. 1-6 (1983-1988)
T. Honderich, Violence for Equality (1980)
Mark Juergensmeyer, "The Logic of Religious Violence: The Case of Punjab" 22 Contributions to
Indian Sociology 65 (1988)
Rajni Kothari, State Against Democracy (1987)
G. Shah, Ethnic Minorities and Nation Building: Indian Experience (1984)
K.S. Shukla, "Sociology of Deviant Behaviour," in 3 ICSSR Survey of Sociology and Social
Anthropology 1969-1979 (1986)
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