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Cs Flaw LLB Sem5

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Last updated on 30.07.

2019
FACULTY OF LAW

LABOUR LAW-I
(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit.)

Objectives: Labour Laws provide provisions for equitable distribution of profits and
benefits emerging from industry, between industrialists and workers and affording
protection to the workers against harmful effects to their health safety and morality.

UNIT- I
THE TRADE UNIONS ACT, 1947

 History of Trade Unionism in India


 Concept of Trade Union: Trade Dispute-Registration-Procedures-Power of
Registrar-Immunity from Civil Action and Criminal Conspiracy

UNIT- II
THE INDUSTRIAL DISPUTES ACT, 1947

 Definition of Industry-Workman-Industrial Dispute


 Concept of Collective Bargaining-Conditions Precedent-Merits and Demerits-
Bargaining Process-Impact of Globalisation on Collective Bargaining

UNIT- III
THE INDUSTRIAL DISPUTES ACT, 1947

 Definition of Strike and Lockout-Kinds of Strike-Legality and Illegality of


Strike and Lockout
 Lay-off & Retrenchment: Concept, Procedure etc.

2
B.A.LL.B. (Hons.) Semester-V

UNIT- IV
THE INDUSTRIAL DISPUTES ACT, 1947

 Industrial Settlement Machinery-Reference by Government under Section10


 Awards & Settlements-Unfair Labour Practices

UNIT- V
THE WORKMEN’S COMPENSATION ACT, 1923

 Definition of Dependent-Partial and Total Disablement-Workmen’s


Compensation-Disablements-Employer’s Liability to Pay Compensation-
Notional Extension of Employer’s Liability-Calculation of Compensation
 The Maternity Benefit Act, 1961: Salient Features of the Act-Maternity
Benefits

Suggested Readings
1. A. J. Fonseca: Wage Determination and Organised Labours in India, Oxford
University Press, New York.
2. A. N. Buch, S.T. Salilallt & Mehta. S.S.: Sweat of Labour Economics for Trade Unions,
Himalaya Publishing House, Bombay.
3. C. B. Mamoria: Dynamics of Industrial Relations in India, Himalaya Publishing
House, Mumbai.
4. C. R. Mc Connell & S. L. Brue: Contemporary Labour Economics, Mc Grow- Hill,
New York.
5. Dr. S.R. Myneni: Labour Laws, Asia Law House, Hyderabad.
6. Dr. T. N. Bhagoliwal: Economics of Labour and Industrial Relations, Sahitya Bhavan
Publications, Agra.
7. E. A. Ramaswamy: The Worker and Trade Union, Allied Publishers, New Delhi.
FACULTY OF LAW

8. Indrani Mukherjee: Industrial Workers in a Developing Society, Mittal Publications,


New Delhi.
9. Jwitesh Kumar Singh: Labour Economics-Principles, Problems and Practices, Deep &
Deep publications Pvt. Ltd., New Delhi.
10. K. K. Bagin & N. Gope: State, Labour and Development, Abhijeet Publication,
New Delhi.
11. Mavi Anupreet Kaur: Educated Unemployed, Deep & Deep Publication, New
Delhi.
12. Meenu Agrawal: Economic Reforms, Unemployment and Poverty, New Century
Publications, New Delhi.
13. Pramod Verma: Labour Economics and Industrial Relations, Tata McGraw Hill
Publishing Co. Ltd., New Delhi.
14. S. C. Srivastava: Industrial Relations and Labour Laws, Vikas Publishing House,
Noida.
15. S. D. Punekar: Labour Welfare, Trade Unionism and Industrial Relations, Himalaya
Publishing House, Bombay.
16. S. N. Misra, Labour & Industrial Law, Central Law Publication, Allahabad.
17. T. S. Papola, P. P. Ghose and A. N. Sharma (ed.): Labour Employment and Industrial
Relations in India, B. R. Publishing Corp., New Delhi.
18. V. B. Karnik: Indian Trade Union-A Survey, Popular Prakashan, Mumbai.
19. V.V. Giri: Labour Problems in Indian Industry, Asia Publishing House, Bombay.
20. Y. S. Purohit: Industrialising Economy and Labour Market in India, Mittal
Publication, New Delhi.

4
B.A.LL.B. (Hons.) Semester-V

FAMILY LAW-II
(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit. All questions carry equal marks.)

Objective: This paper is designed with the object of introducing the students to the
basic concept of Shastric Hindu Law, nature of Hindu Law, major components of
Hindu Law and its sources. Hence, the syllabus introduces the students to various
legislative measures undertaken by the government to bring reforms into the laws of
marriage, divorce, maintenance, adoption, guardianship and the law of succession
by passing various legislations, particularly, the Hindu Succession Amendment Act,
2005. The syllabus also gives an insight into various judicial interpretations with
regard to different components of Hindu Laws. The paper also focusses on Special
Marriage Laws, Family Courts legislation, Christian and Parsi Laws.

UNIT-I
SOURCES & LAW OF MARRIAGE

 Sources of Hindu Law: Ancient Sources-Shruti-Smiriti-Commentaries and


Digests-Custom; Modern Sources-Equity, Justice and Good Conscience-
Judicial Decisions (Precedents)-Legislation
 Marriage: Concept and Nature of Marriage-Forms-Ceremony-Capacity to
Marry-Sapinda Relationship-Degrees of Prohibited Relationships- Validity of
Marriage, Kinds of Marriages-Valid, Void and Voidable, Legitimacy of
Children.
 Matrimonial Remedies: Nullity of Marriage, Judicial Separation, Dissolution
of Marriage, Alternate Relief to Divorce Proceedings, Divorce by Mutual
Consent, Restitution of Conjugal Rights, Bars to Matrimonial Relief, Ancillary
reliefs, Decree in Proceedings (Section 23), Appeals, Enforcement of Decree.

UNIT- II
FACULTY OF LAW

GUARDIANSHIP, ADOPTION & MAINTENANCE

 Guardianship: Kinds of Guardianship-Kinds of Guardians-Power of


Guardian-Removal of Guardian
 Adoption: Who may take in Adoption-Who may give in Adoption-Who may
be taken in Adoption- Ceremonies required for Adoption- Effect of the
Adoption-Relationship of Adopted Child-Restrictive Conditions of Adoption
 Maintenance: Maintenance as a Personal Obligation-Maintenance of
Dependents-Maintenance of the Members of Joint Hindu Family-Quantum of
Maintenance-Arrears and Alteration of Maintenance

UNIT- III
HINDU JOINT FAMILY AND COPARCENARY

 Hindu Joint Family and Coparcenary [Mitakshara & Dayabhaga]: Joint


Family-Coparcenary- Mitakshara Coparcenary-Classification of Property,
Karta- Position, Liabilities-Who can be a Karta-Dayabhaga Joint Family.
 Karta’s Rights & Obligations-Power of Alienation-Legal Necessities-Benefit of
the Estate-Acts of Indispensable Duty
 Son’s Pious Obligation-Avyavaharika Debts- Antecedent Debts

UNIT- IV
INHERITANCE AND SUCCESSION

 Inheritance and Succession: Ancient Concept of Inheritance-Aim and Object


of the Hindu Succession 1956
 Succession: Testate & Intestate-Succession to the Property of a Hindu Male-
Succession to Mitakshara Coparcener’s Interest-Succession to the Property of a
Hindu Female-Disqualification to Succession
 General Rules of Succession: Section 14 of the Hindu Succession Act 1956
and Its Effects-Distribution of Property after the Hindu Succession Act 1956
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B.A.LL.B. (Hons.) Semester-V

UNIT- V
PARSI & CHRISTIAN LAW
 The Special Marriage Act, 1954
 The Indian Divorce Act, 1869
 The Parsi Marriage and Divorce Act, 1936
 The Family Courts Act, 1984

Suggested Readings:
1. A. G. Gupte: Hindu Law, Premier Publishing Co., Allahabad.
2. B. M. Gandhi: Hindu Law, Eastern Book Co., Lucknow.
3. Dr. Basant K. Sharma: Hindu Law, Central Law Publications, Allahabad.
4. Dr. Paras Diwan & Pyushi Diwan: Family Law, Allahabad Law Agency,
Faridabad.
5. Dr. S. R. Myneni: Hindu Law (Family Law I) Asia Law House, Hyderabad.
6. Dr. G. V. Subba Rao & Dr. Vijender Kumar: G. C. V. Subba Rao's Family Law in
India, S Gogia & Company, Hyderabad.
7. Dr. U. P. D. Kesri: Modern Hindu Law, Central Law Publications, Allahabad.
8. Flavia Agnes, Family Law: Volume I: Family Law and Constitutional Claims,
Oxford University Press, New Delhi.
9. Flavia Agnes, Family Law: Volume 2: Marriage, Divorce and Matrimonial
Litigation, Oxford University Press, New Delhi.
10. Flavia Agnes, Law, Justice and Gender: Family Law and Constitutional
Provisions in India, Oxford University Press, New Delhi.
11. Flavia Agnes, Law and Gender Inequality, Oxford University Press, New Delhi.
12. H. S. Gaur: The Hindu Code, Allahabad Law Agency, Faridabad.
13. K. B. Agrawal: Family Law in India, Kluwer Law International, Netherlands.
14. Kulwant Gill: Hindu Women’s Right to Property in India, Deep & Deep Publications
Pvt. Ltd., New Delhi.
FACULTY OF LAW

15. Kumud Desai, Law of Marriage and Divorce, N.M. Tripathi Pvt. Ltd., Bombay.
16. Monmayee Basu, Hindu Women and Marriage Law: From Sacrament to
Contract, Oxford University Press, New Delhi.
17. P. K. Das: Handbook on Hindu Succession (Property Rights of Women and
Daughters) Universal Law Publishing Co. Pvt. Ltd., Delhi.
18. P. K. Das: New Law on Hindu Succession, Universal Law Publishing Co. Pvt. Ltd.,
Delhi.
19. Paras Diwan: Law of Marriage and Divorce, Universal Law. Publishing Co. Pvt.
Ltd., New Delhi.
20. Paras Diwan: Modern Hindu Law, Allahabad Law Agency, Faridabad.
21. Poonam P. Sexena: Family Law Lectures-Family Law II, LexisNexis, Gurgaon.
22. Prof Kusum: Family Law Lectures–Family Law I, LexisNexis, Gurgaon.
23. R. K. Aggarwal: Hindu Law, Central Law Agency, Allahabad.
24. Ranganath Misra: Mayne’s Treatise on Hindu Law & Usage, Bharat Law House,
New Delhi.
25. Satyajeet A. Desai: Mulla’s Principles of Hindu Law, Vol. I & II, LexisNexis,
Gurgaon.

Relevant Legislations:
1. The Hindu Marriage Act, 1955
2. The Hindu Adoptions and Maintenance Act, 1956
3. The Hindu Minority and Guardianship Act, 1956
4. The Hindu Succession Act,1956 (as amended by Amendment Act 2005)
5. The Christian Marriage Act, 1872
6. The Indian Divorce Act, 1869 (as amended by Amendment Act 49 and 51 of 2001)
7. The Parsi Marriage and Divorce Act, 1936
8. The Special Marriage Act, 1954

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B.A.LL.B. (Hons.) Semester-V

JURISPRUDENCE-II
(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit.)

Objective: The course structure of Jurisprudence II is designed primarily to induct


students into a realm of questions concerning nature of law. The course aims at
developing an analytical approach to understand the nature of law and the
development of legal system. Jurisprudence seeks to answer fundamental questions
about law. The concern of jurisprudence is an inescapable feature of the law and
legal system. Jurisprudence accommodates copious subjects of intellectual enquiry.
This subject identifies and elucidates the major preoccupations of legal theory. The
subject intent to create an understanding of legal concepts such as Rights, Title,
Possession, Ownership, Liability and Obligation which are basic to the study of
Law.

UNIT- I
SOURCES OF LAW

 Custom: Origin of Custom-The Position of Custom under Different Legal


Systems-Classifications of Custom-Essentials of a Custom-Custom-When
transformed into Law-Reasons for receptions of Customary Laws
 Legislation: Concept and Nature of Legislation-Place of Legislation among
the Sources of Law-Kinds of Legislations-Legislation and Other Sources of
Law
 Judicial Precedent: Concept and Nature of Precedent-Position of Judicial
Precedent under Different Legal Systems -Authority of Precedent under
English Law-Hierarchy of Authority for Operation of Precedent
 Stare decisis and its Role in Law Making Process-Ratio Decidendi and Obiter
Dicta-Difficulty in Finding Ratio Decidendi-Binding Effects of Judicial
Precedent as a Source of Law

UNIT- II
FACULTY OF LAW

RIGHTS AND DUTIES

 Meaning and Nature of Right: Right-Duty Relationships- Classification of


Right and Duty
 Theories of Right
 Characteristics of Legal Right-Elements of Legal Right
 Jural Relationship-Hohfeldian Analysis

UNIT- III
LEGAL PERONALITY

 Concept of a Legal Person


 Corporation Sole and Corporation Aggregate
 Adaptation to Change
 Theories of Legal Person

UNIT- IV
POSSESSION AND OWNERSHIP

 Meaning of Possession and Ownership-Essentials of Possession and


Ownership-Theories of Possession and Ownership
 Possession in Fact and Possession in Law
 Kinds of Possession and Ownership-Relation between Possession and
Ownership
 Protection of Possession and Possessory Remedies

10
B.A.LL.B. (Hons.) Semester-V

UNIT- V
LIABILITY

 Meaning, Scope and Classification


 Basis of Liability-Philosophic Aspect
 Legal Conditions for Imposing Liability
 Strict and Vicarious Liability

Suggested Readings
1. Dr. B. N. Mani Tripathi: Jurisprudence: Legal Theory, Allahabad Law Agency,
Allahabad.
2. Edgar Bodenheimer: Jurisprudence: The Philosophy and Method of Law, Universal
Book Traders, Delhi.
3. G. W. Paton: A Text Book of Jurisprudence, Clarendon Press, Oxford.
4. H. L. A. Hart: The Concept of Law, Clarendon Press, Oxford.
5. Howard Davies and David Holdcroft: Jurisprudence-Text and Commentary,
Butterworths Law, London.
6. John Rawls: A Theory of Justice, Harvard University Press, London.
7. Julius Stone: The Province and Function of Law, Associated General Publications
Pvt. Ltd. Sydney.
8. M. Rama Jois: Seeds of Modern Public Law in Ancient Jurisprudence, Eastern Book
Company, Lucknow
9. N. K. Jayakumar: Lectures in Jurisprudence, LexisNexis, Gurgaon.
10. P. J. Fitzgerald: Salmond on Jurisprudence, Sweet and Maxwell, London.
11. R. W. M Dias: Jurisprudence, LexisNexis, Gurgaon.
12. Raymond Wacks: Understanding Jurisprudence: An Introduction to Legal Theory,
Oxford University Press, Oxford: USA.
FACULTY OF LAW

13. S. N. Dhyani: Jurisprudence and Indian Legal Theory, Central Law Agency,
Allahabad.
14. Simpson, A. W. Brian: Reflections on ‘The Concept of Law’, Oxford University Press,
London.
15. V. D. Mahajan: Jurisprudence and Legal Theory, Eastern Book Company, Lucknow.
16. W. Friedmann: Legal Theory, Columbia University Press, New York.

12
B.A.LL.B. (Hons.) Semester-V

INTERNATIONAL TRADE & FINANCE


(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit.)

Objective: The objectives of the course are to familiarize the students about the
World Trade Organization and the various agreements entered into under the
auspices of the WTO. Students will be given an insight into the transnational
commercial transactions and the related matters thereto. Further an attempt is made
to gives an overview of the law and policy of India in relation to international trade
and finance.

UNIT- I
INTRODUCTION

 Nature, Origin and Development of International Trade-Globalisation and


Liberalisation-Export Transactions
 Marketing Organizations Abroad: Agency Arrangements, Branch Offices
and Subsidiaries-Foreign Acquisitions, Sole Distribution Agreements,
Licensing and Franchising Agreements, Joint Ventures
 Transnational Corporations : Definitions, Scope and its Role

UNIT- II
INTERNATIONAL COMMERCIAL LAW

 International Sales Contracts: Special Trade Terms in Export Sales and their
implications, INCOTERMS 2010, United Nations Convention on Contracts for
the International Sale of Goods 1980 (CISG)
 Carriage of Goods: Unimodal and Multimodal Transportation of Goods-
Documents of Carriage of Goods by Sea; Bills of Lading: Kinds-Nature-
Features
FACULTY OF LAW

 International Payments: Methods of International Payments-Bill of


Exchange-Letter of Credit and Collection Arrangement

UNIT- III
WORLD TRADE ORGANIZATION

 Historical Background of GATT 1947-Uruguay Round and Marrakesh


Agreement-General Agreement on Tariffs and Trade (GATT) 1994
 Principle of Non-Discrimination in International Trade: Most-Favoured
Nation Treatment, National Treatment and General Exceptions, Developing
Country Concerns-General Agreement on Trade in Services (GATS): General
Principles, Developing Country Concerns
 Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS):
General Principles-Developing Country Concerns-Contemporary Issues
related to International Trade-Environmental Issues-Doha Development
Agenda-Singapore Issues-TRIMS-Government Procurement

UNIT- IV
OVERVIEW OF WTO AGREEMENTS

 Agreement on Implementation of Article VI of the General Agreement on


Tariffs and Trade 1994(Anti-Dumping Agreement): Dumping and Anti-
Dumping Measures
 Agreement on Subsidies and Countervailing Measures: Prohibited
Subsidies-Actionable Subsidies-Countervailing Measures
 Agreement on Technical Barriers to Trade (TBT Agreement)-Agreement on
the Application of Sanitary and Phytosanitary Measures (SPS Agreement)-
Agreement on Agriculture

14
B.A.LL.B. (Hons.) Semester-V

UNIT-V
SETTLEMENT OF INTERNATIONAL DISPUTES

 International Commercial Arbitration: Mediation and Conciliation-


Recognition and Enforcement
 Investment Dispute Resolution: PCA, ICC, ICSID, Ad-hoc Arbitration
 WTO Dispute Settlement: Dispute Settlement Procedures-WTO Remedies
and Compliance-WTO Dispute Settlement Reform Proposals

Suggested Readings
1. A. K. Kaul: Guide to the WTO and GATT: Economics, Law and Politics, Kluwer Law
International, Netherlands.
2. Carole Murray, David Holloway and Daren Timon-Hunt: Schmitthoff: The Law
and Practice of International Trade, Sweet and Maxwell, London.
3. Dr. Dinesh Sabat: International Trade Law (An Essential Revision Aid for Law
Students), Universal Law Publishing Co Pvt. Ltd., New Delhi.
4. Dr. S. R. Myneni: International Trade Law, Allahabad Law Agency, Allahabad
5. Indira Carr: International Trade Law, Routledge-Cavendish, London.
6. Jason C T Chuah: Law of International Trade: Cross Border Commercial Transactions,
Sweet and Maxwell, London.
7. Peter Van den Bossche: The Law and Policy of the WTO, Cambridge Publications,
UK
8. Raj Bhalla: International Trade Law: Theory and Practice, Lexis Nexis India,
Gurgaon.
9. Ravindra Pratap: India at the WTO Dispute Settlement System, Manak Publications,
New Delhi.
10. Simone Schnitzer: Understanding International Trade Law, Universal Law
Publishing Co Pvt. Ltd., New Delhi.
FACULTY OF LAW

CRIMINOLOGY, PENOLOGY &


VICTIMOLOGY
(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit.)

Objective: The course is designed to acquaint the students with the criminal policies
including theories of punishment, and the exercise of discretion in sentencing.
Introduce the students to the discipline of victimology which will shift the study
from accused-centric approach to much needed victim-centric approach. This course
intends to understand the meaning of crime, methods of controlling them and the
basic principles of criminal law determining criminal liability and punishment. The
course examines crime victims and patterns of punishment as complementary
aspects of the criminal justice system, and explores their contributions to social
perceptions of crime and justice.

UNIT- I
CRIMINOLOGY-I
 Nature, Definition and Scope of Criminology: Inter-relationship of
Criminology, Penology & Victimology
 Concept of Crime: Legal and Social Definition-Element and Theories of
Crime Causation Criminal Behaviour-Schools of Criminology

UNIT- II
PENOLOGY

 Nature and Definition of Punishment: Theories of Punishment-Retributive,


Deterrent and Reformative
 Forms of Punishment: Imprisonment-Simple & Rigorous Confiscation of
Property-Capital Punishment

16
B.A.LL.B. (Hons.) Semester-V

UNIT- III
CORRECTION & CONTROL MECHANISM

 Police System in India: Prison System in India-Open Jails


 Probation and Parole: Nature-Characteristics-Principles and their
Distinctions; After-Care; Role of Forensic Science

UNIT- IV
(CRIMINOLOGY-II)

 Juvenile Crime: Nature-Definition and Causes-Alcoholism and Drug


Addiction-Mass Media and Crime-Juvenile Court-Working of Juvenile Court
in India
 Crimes against Women-White Collar Crime

UNIT- V
(VICTIMOLOGY)

 Victimology: Definition & Concepts- Sources of Victimization


 Impact of Victimization: Physical Impact-Financial Impact-Psychological
Impact-Secondary Victimization from Criminal Justice System and Society-
Rights of Victim-Compensatory Jurisprudence.

Suggested Readings
1. Abuja Ram: Criminology, Rawat Publication, New Delhi.
2. Dr. M. S. Chauhan: Criminology, Criminal Administration and Victimology, Central
Law Agency, Allahabad.
3. E. H. Sutherland: Principles of Criminology, Times of India Press, Bombay.
FACULTY OF LAW

4. Frank E. Hagan: Introduction to Criminology, Sage Publications Inc., Thousand


Oaks, USA.
5. Frank J. Schrnalleger: Criminology Today: An Integrative Introduction, Prentice Hall,
New Delhi.
6. J. P. S. Sirohi: Criminology and Penology, Allahabad Law Agency, Allahabad.
7. Katherine S Williams: Criminology, Oxford University Press, New York.
8. Larry J. Siegal: Criminology, Wordsworth Thomson Learning, New Delhi.
9. Livingston J: Crime and Criminology, Prentice Hall, New Jersey.
10. Martin O’Brien: Criminology, Routledge Publishers, UK.
11. McLaughlin Eugene and Muncil John: The Sage Dictionary of Criminology, Sage
Publication, London.
12. N. V. Paranjape: Criminology and Penology with Victimology, Central Law
Publications, Allahabad.
13. Rajendra Kumar Sharma: Criminology and Penology, Atlantic Publishers & Dist.,
New Delhi.
14. S. M. A. Qadri: Criminology, Penology and Victimology, Eastern Book Company,
Lucknow.
15. Sue Titus Reid: Crime and Criminology, Oxford University Press, New York.

18
B.A.LL.B. (Hons.) Semester-V

HUMAN RIGHTS, REFUGEE LAW &


INTERNATIONAL HUMANITARIAN LAW
(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit.)

Objective: Human Rights are the fundamental rights that are available to every
human person by the virtue of their being born as humans. However, these claims
need to be acknowledged, protected and promoted against any potential violation or
threat of violation. This paper is designed with the objective of introducing students
to the major themes and debates in the contemporary International Human Rights
Law. This paper also teaches them about the extension of protective mechanisms for
refugees, stateless persons, IDPs and other such vulnerable groups. By incorporating
International Humanitarian Law, the students are educated about the protection of
humanity in midst of armed hostilities.

UNIT- I
INTRODUCTION

 Concept, Origin and Nature of Human Rights


 Development of International Human Rights Law: Universal Declaration on
Human Rights 1948 (UDHR)-International Covenants on Human Rights-ICCR
(International Covenant on Civil and Political Rights)-ICSECR (International
Covenant on Social, Economic and Cultural Rights-Islamic Declaration of
Human Rights and Comparison with UDHR
 International Covenants and Declarations such as on Racial Discrimination,
Torture and Inhuman Treatment, Slavery, Enforced Disappearance-Protection
of Vulnerable Groups such as Women, Children, Disabled

 Right to Development and Regional Human Rights Instruments and


Mechanisms, Universalism v. Cultural Relativism Debate.
FACULTY OF LAW

UNIT- II
HUMAN RIGHTS IN INDIA

 Human Rights in India: Problem and Focus Areas (Violations, Identities and
vulnerabilities)

 Fundamental Rights and Directive Principles under the Indian Constitution


and Human Rights
 Role of Indian Judiciary in the Protection and Promotion of Human Rights

UNIT- III
INSTITUTIONS

 National Human Rights Commission-National Commission for Women,


Minorities Commission and the Commission for Schedule Caste and
Scheduled Tribes
 Human Rights Literacy and Human Rights Education
 Role and Responsibilities of the Civil Society, NGOs, Media, Law Students &
Legal Profession

UNIT- IV
REFUGEE LAW
 Refugee Law: Origin, Definition, Development
 Rights and Protections for the Refugees, Vulnerable Groups of Refugees
including Women, Children and Victims of Torture-The Principle of Non-
Refoulement-Durable Solutions
 Internally Displaced Persons: Guiding Principles, Protections and
Vulnerabilities
 Legal Status of Refugees in India

20
B.A.LL.B. (Hons.) Semester-V

UNIT- V
HUMANITARIAN LAW

 International Humanitarian Law: Historical Background and Origins and


Classification of IHL
 IHL as a part of International Law – Sources of Modern IHL – Development
of the Geneva Conventions and Additional Protocols
 Protection of Defenceless in War: Distinction between Combatant and Non-
Combatant-Limitations on Means and Methods of Use of Force-Law of
Internal Armed Conflicts
 Issues Relating to Implementation of Humanitarian Law

Suggested Readings
1. Dr. H. O. Agarwal: A Concise book on International Law and Human Rights, Central
Law Publications, Allahabad.
2. Dr. S. K. Kapoor: Human Rights under International Law & Indian Law, Central Law
Agency, Allahabad.
3. Dr. S. R. Myneni: Human Rights, Asia Law House, Hyderabad.
4. Ian Brownlie & Guy S. Goodwin-Gill: Brownlie’s Documents on Human Rights,
Oxford University Press, Oxford.
5. N. K. Jayakumar: International Law and Human Rights, LexisNexis India, Gurgaon.
6. R. P. Kataria & Salah Uddin: Commentary on Human Rights, Orient Publishing
Company, Allahabad.
7. Rashee Jain: Textbook on Human Rights Law and Practice, Universal Law
Publishing Co Pvt. Ltd., New Delhi.
8. Rhona K. M. Smith: Textbook on International Human Rights, Oxford University
Press, Oxford.
9. Richard Stone: Textbook on Civil Liberties & Human Rights, Oxford University
Press, Oxford.
FACULTY OF LAW

10. Upendra Baxi: The Future of Human Rights, Oxford University Press, Oxford.

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