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LLM GU (Gr-5) Human Rights and Duties 2024-25

The LL.M. program in Human Rights and Duties at Gujarat University is a two-year postgraduate course designed to educate students on fundamental human rights and duties, their evolution, and their importance in contemporary society. The program aims to develop students' analytical skills and prepare them for careers in various sectors, including legal practice, NGOs, and academia. It consists of four semesters covering a wide range of subjects related to human rights law and offers opportunities for further studies in the field.
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0% found this document useful (0 votes)
44 views45 pages

LLM GU (Gr-5) Human Rights and Duties 2024-25

The LL.M. program in Human Rights and Duties at Gujarat University is a two-year postgraduate course designed to educate students on fundamental human rights and duties, their evolution, and their importance in contemporary society. The program aims to develop students' analytical skills and prepare them for careers in various sectors, including legal practice, NGOs, and academia. It consists of four semesters covering a wide range of subjects related to human rights law and offers opportunities for further studies in the field.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Syllabus of

LL.M.

Group
On
“HUMAN RIGHTS AND DUTIES”
GUJARAT UNIVERSITY
AHMEDABAD

Revised from the


Academic Year
2024-2025

Programme Duration
4 Semesters (2 Years)

Gujarat University, Ahmedabad 1


LL.M. (Human Rights and Duties)
About Programme:
LLM in Human Rights and Duties at Gujarat University is a Two-year postgraduation programme that
is designed for those, who interested in learning about the fundamental rights and Duties of every
human being and gain knowledge about the various laws and rights that every individual possesses.

The ideas of freedom and rights have been part of human societies since the birth of the first
civilizations. Human rights were conceived rather narrowly as mere freedom from arbitrary
government in the past. It was realised later and much more so during last fifty years since the end of
the Second World War that the threats to liberty, equality and justice did not emanate from the state
alone. Although this concept is pledged naturally and intuitive in people’s way of thinking, the modern
understanding of human rights differs fundamentally.

A greater awareness of human rights, not only as negative restrictions on the state but as positive
obligations for creating an environment in which man could live with dignity was necessary. Today
our modern world relies on this fundamental perception to save itself from injustice. Human rights are
universal and demand compassion and respect for others. They cannot be taken from a person. Today
the United Nations and their Charter are defining the international law, which protects the fundamental
freedoms. The rules they follow, create a complex system of organizations, which can keep you safe in
case of unfairness or discrimination.

Protection of Human Rights (HR) became an important issue after the second world war and after the
acceptance of Universal Declaration of Human Rights. The growth of HR Law and jurisprudence
thereafter was spontaneous and continuous. The changes in the global scenario bring new concept of
HR protection against violation. In one sense, HR can be said as the rights which the nature has
endowed with human beings. However, they are not mere privileges given to the subjects by the ruler
but are liberties permitted to the 'citizens' in a democracy. Manifestly a law that violates human rights
is no law at all. Probably this perspective may give an impression that human rights are not different
from natural rights envisaged by the natural law school.

The understanding of human rights is the foundation for the development of a responsible citizen and a
knowledgeable legal professional. The Global community's concerns about human rights have been
expressed through various conventions. On the national levels, they are contained in constitutional
provisions such as directive principles of state policy, fundamental rights, fundamental duties and
judicial, legislative as well as administrative strategies of reconstruction. Human rights acquire much
more comprehensive and wider meaning.

Programme Outcomes:
PO1: This course is intended to highlight the concept of human rights, their evolution and their
importance in our society now, particularly in the era of privatisation, globalisation and
liberalisation. The course is also designed to deal with the basic framework of Indian Human
Rights jurisprudence.
PO2: On completion of this Master degree with specialisation in Human Rights and Duties Students
have opportunity to work in international law firms dealing with human rights issues, as well as
NGOs and other organizations as an expert.

Gujarat University, Ahmedabad 2


PO3: Human rights are an important parameter for a just society, Thus, on completion of this Master
degree specialisation programme future lawyers must be able to assess any programme of
social transformation with reference to them and to deal with violations related to the issues
concerning to Various Rights and Duties.
PO4: This program will develop comprehending and analytical skills in students which will enable
them to take effective decisions and become ethical employees and citizens.
PO5: The course helps to evolve strategies and schemes for tracking such attitudes like employing
bonded labour, practising unwatchability and help members to internalize more human and
egalitarian approach in their social relations.
PO6: This program will sensitize the learner about Human Rights issues and develop a basic
understanding of Human Rights and their enforcement.
PO7: Students can get employment in various sectors such as a Legal Officer in Government and
public sector, and academics as a teacher.
PO8: This Programme is beneficial to provide students with a set of critical reflection that draw upon
the varied global and local social and political contexts in which Human Rights operate.
PO9: This program will also enable students to be self-employed and become successful lawyer or
Human Rights activist.
PO10: The Master’s Degree serves as a basis for further higher studies in this field such as M.Phil. or
Ph.D.

Programme Specific Outcomes (PSOs)


PSO1: This program will develop the ability to increase the knowledge of law students with respect to
Human Rights and Duties.
PSO2: This program will focus student’s attention on the underlying values of human rights and to
explore various international and national legal frameworks like international law, refugee law
etc.
PSO3: This programme is to provide an insight into the meaning and significance of various human
rights in the contemporary era with an in-depth knowledge about various legislations and
conceptual framework mechanisms developed at the international and national level for
protection and promotion of such rights.
PSO4: Human rights are an important parameter for a just society and future lawyers must be able to
assess any programme of social transformation with reference to them and to deal with
violations related to the issues concerning to Various Rights and Duties.
PSO5: This program will create an understanding of the kind of rights related topics and its interring
relationship with other faculty of humanities which embody human rights and promote them in
practice.
PSO6: The curriculum consists of the study of a wide range of legislation that is useful in handling the
violations and privation of human rights and contributes to society by ensuring an open and
unbiased environment.
PSO7: This Programme help in knowing ways and means to protect your Human Rights against
unjustified actions by any Government Agency, Army, Police, Private Citizens / Companies, or
even Court Action.

Gujarat University, Ahmedabad 3


PSO8: The motive of this programme to develop the student’s skill in the field of writing case studies,
reports on conditions around the world, engaging in advocacy to publicise and reduce human
rights violations, lobbying, litigation, and promoting human rights practices in social and
political structures.
PSO9: This programme sensitizing the students by providing fundamental knowledge on preventing
and ending human rights abuses about monitoring human rights development.
PSO10: This program will provide students with an understanding of research, types of research, types
of data, data collection tools and statistical methods to undertake research. Moreover, students
will develop the skills of research proposal, research report writing and presentation.
PSO11: This program gives an exposure to students to sharpen his/her career in the legal sector and
become a champion of Human Rights protection and contribute to the Society.

PSO12: This program will give insights as how to evaluate the impact of various social and political
movements and will help them to work in the field of human rights jurisprudence in larger
interests of the society and rights of Individuals.
PSO13: To grow proper orientation towards legal education to become a skilled law teacher.

Career Prospects of LL.M. Degree Course in Human Rights and Duties


1. The programme grooms the learners to teach Human Rights and Law for academic and professional
purposes in academic institutions, corporate sectors, research institutes and various other
administrative and professional bodies.
2. To involve in legal practices with more clear legal concepts, orientations and skills.
3. It focuses to hone their critical and analytical skills in such a way so that they easily compete in
different professional exams to become professional experts, Jurists, Judges, Law officers etc.
4. The students after completion of the programme may join different NGOs, MNCs, trusts,
International Organisations including UN bodies.
5. It also familiarizes students with current and cross-cutting issues and challenges in the field.

Gujarat University, Ahmedabad 4


LL.M. (Human Rights and Duties)
Semester - I
1. LAW 401: Legal Theories
2. LAW 402: Indian Constitutional Law: The New Challenges
3. LAW 403: Public International Law
4. LAW 404 J: International Perspectives of Human Rights and Duties
5. LAW 405 J: International Order of Human Rights and Duties
6. LAW 406 J: International Humanitarian and Refugee Laws

Semester - II
1. LAW 407: Judicial Process
2. LAW 408: Law and Social Transformation of India
3. LAW 409: Legal Research Methodology
4. LAW 410 J: Social Movements and Human Rights in India
5. LAW 411 J: Criminal Justice System and Human Rights
6. LAW 412 J: Science and Technology and Human Rights

Semester - III
1. LAW 501 J: Women and Human Rights
2. LAW 502 J: Human Rights and Children
3. LAW 503 J: Human Rights of Disadvantaged People and Vulnerable Groups
4. LAW 504 J: Human Rights and Environment Protection
5. LAW 505 J: Emerging Dimensions of Human Rights and Duties
6. LAW 506 J: Problem, Protection and Enforcement of Human Rights

Semester - IV

7. LAW 507 PR: Class Room Teaching


8. LAW 508 PR: Doctrinal Research
9. LAW 509 PR: Non-Doctrinal Research
10.LAW 510 PR: Clinical Research Report
11.LAW 511 PT: Dissertation, Submission of Thesis & Viva-Voce

Gujarat University, Ahmedabad 5


Semester - I
1. LAW 401: Legal Theories
2. LAW 402: Indian Constitutional Law: The New Challenges
3. LAW 403: Public International Law
4. LAW 404 J: International Perspectives of Human Rights and Duties
5. LAW 405 J: International Order of Human Rights and Duties
6. LAW 406 J: International Humanitarian and Refugee Laws

Gujarat University, Ahmedabad 6


Semester - I

LAW 401: Legal Theories 4 Credits

Course Content:
1. Analytical Legal Positivism
1.1 Analytical School
1.1.1 Jermy Bentham
1.1.2 John Austin
2. The Pure Theory
2.1 Hans Kelsen
2.1.1 The Basic Norm
2.1.2 Implication of Pure Theory
2.1.3 Contribution of Kelsen
3. Sociological School
3.1 The Social Origin of Laws & Legal Institution
3.2 Impact of Laws on Society
3.3 The Task of Law in Society
3.3.1 Roscoe Pound
3.3.2 Social Engineering
4. American Realism
4.1 Justice Holmes
4.2 Carl. N. Llewellyn
5. Natural Law
5.1 The Greek Period
5.2 The Roman Period
5.3 The Medieval Period
5.4 Revival of Natural Law Theories
References:
1. Bodenheimer, Jurisprudence – The Philosophy and Method of Law (1996) Universal, Delhi
2. Fitzgerald, (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay.
3. W. Friedmann, Legal Theory (1999) Universal, New Delhi.
4. Paton G. W., Jurisprudence (1972) Oxford, ELBS.
5. Dias, Jurisprudence (1994 First Indian re-print), Adithya Books, New Delhi.
6. Roscoe Pond, Introduction to the Philosophy of Law (1998 re-print) Universal, New Delhi.
7. Hart, H.L.A., The Concepts of Law (1970) Oxford, ELBS
8. Lloyds Introduction to Jurisprudence, Sweet and Maxwell.

Gujarat University, Ahmedabad 7


LAW 402: Indian Constitutional Law: The New Challenges 4 Credits

Course Content:
1. “State”: Need for Widening the Definition in the Wake of Liberalization
2. Right to Equality: Privatization and Its Impact on Affirmative Action
3. Freedom of Press and Challenges of New Scientific Development
3.1 Freedom of speech and right to broadcast and telecast
3.2 Access to information
3.3 Right to strikes, (Hartal and Bandh)
4. Emerging Regime of New Rights and Remedies
4.1 Reading Directive Principles and Fundamental Duties into Fundamental Rights
4.1.1 Compensation jurisprudence
4.1.2 Right to education
4.1.2.1 Commercialisation of education and its impact
4.1.2.2 Brain-drain by foreign education market

5. Secularism, Religious Fanaticism and Federalism


5.1 Allocation and share of resources - distribution of grants in aid
5.1.1 The inter-state disputes on resources
5.2 Directions of the centre to the State under Article 356 and 365
5.3 Special status of certain States
5.3.1 Tribal Areas, Scheduled Areas

6. Separation of Powers: Stresses and Strain


6.1 Judicial activism and judicial restraint
6.2 PIL: implementation
6.3 Judicial independence
6.4 Appointment, transfer and removal of judges
6.5 Accountability: executive and judiciary
6.6 Tribunals
References:
1. H.M. Sheervai, Indian Constitution of Law (three Volumes)
2. M.P. Jain, Constitution Law of India (2008), Tripathi, Bombay
3. D. D. Baus Commentaries of Indian Constitution
4. Latest Judgments of Supreme Court

Gujarat University, Ahmedabad 8


LAW 403: Public International Law 4 Credits

Course Content:
1. Introduction
1.1 Nature of International Law
1.2 Basis of International Law
1.3 Evolution and Development of International Law
1.4 Codification of International Law
2. Sources of International Law
2.1 General
2.2 Custom
2.3 Treaties
2.4 The General Principles of Law
2.5 Judicial Decisions
2.6 Juristic Work on International Law
2.7 General Assembly Resolutions and Declarations
3. Relation between International Law and Municipal Law
3.1 Theories on Relationship
3.2 Theories on the Application of International Law within Municipal Law
3.3 Municipal Law before International Tribunals
3.4 International Law within Municipal Sphere
4. Subjects of International Law
4.1 State as a Subject
4.2 Public International Organizations
4.3 Individual as Subject of International Law
5. Law and Practice of Treaties
5.1 The Treaty Making Process
5.2 Treaties and Third Parties
5.3 Treaty Interpretation
5.4 Amendment and Modification of Treaties
References:
1. Akehust’s Modern Introduction to International Law, Ed. By Peter Malanczuk,7th Edition, (Revised)
2. Alina Kacxorowska, Public International Law 150 Leading Cases, Old Bailey Press, 2002.
3. Bowett D.W., The Law of International Institutions, 4th Edition, 2003, Universal.
4. Brownlie, Ian (2003) Principles of Public International Law, Oxford University, Press, 6th Edition.
5. David D. Caron, Cases & Materials on International Law.
6. Oppenheim, International Law (Vol. I & II)
7. Starke J.G., Introduction to International Law.
8. M.P. Tandon, Public International Law, 16th Edition, (2005), Allahabad Law

Gujarat University, Ahmedabad 9


LAW 404 J: International Perspectives of Human Rights and Duties 4 Credits
Objectives of the Course:
The main objective of the course is to introduce to the students the significance of Human Rights in the contemporary era
with a theoretical perspective and the theoretical, conceptual, historical and other general aspects of human rights and duties.
It encompasses philosophical and historical foundations, concept of rights and duties, theories of rights and duties, global and
Indian perspectives, co-relationships of rights and duties, and concept and classification of human duties and responsibilities.
Another important objective explains the importance, norm and standard of the duties through international instruments.
This course attempts to increase the knowledge of law students with respect to human rights, which help them to focus their
attention on the underlying values of human rights and to explore various international and national legal frameworks which
embody human rights and promote them in practice. The focus of the course on International Perspectives of Human Rights
and Duties is on the national problems with on international or global perspective.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of the principles and institutions of international human rights law, including their origins,
assumptions, contents, limits and potential.
CO2: It will help students to understand the importance of the fundamental principle, its concept, Concern and Source of
international obligations for Human Rights. As well as Capacity to exercise rights and comply with obligations
under International law with international norms and standards for human rights and Duties.
CO3: An improved ability to think analytically about the implementation and development of international human rights
law and to apply this body of law in your own professional and national setting.
CO4: Student(s) able to work in conjunction with human rights specialists and other scholars in expanding knowledge
about human rights as well as promoting respect for the values they embody and symbolise.
CO5: An improved ability to conduct research on international human rights law and Duties.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. Historical Foundations of Human Rights and Duties
1.1 Historical Development of Human Rights
1.2 Magna Carta to Fundamental Rights
1.3 The French Declaration of the Rights of Man and of Citizens of 1789
1.4 The American Declaration on the Rights and Duties of Man 1948 (“Bogota Declaration”)
2. Concept and Sources of International Obligations for Human Rights
2.1 Concept of obligations: Legal, moral, social, Religious
2.2 Sources of international law giving rise to international obligations
2.2.1 Treaties and conventions to which states are parties
2.2.2 International custom as evidence of practice accepted as law: Jus cogens
2.2.3 General principles of law recognized by diverse national legal systems
2.2.4 Judicial decisions/ Interpretations
2.3 Relevance of Statute of the ICJ.
3. International Concern for Human Rights
3.1 Evolution of international concern for the protection of the individual
3.1.1 ILO and labour welfare
3.2 Categories of Crimes and its concern for Human rights
3.2.1 Crimes against peace, War crimes, and Crimes against humanity.
3.2.2 Genocide, Racial Discrimination and Castelism
3.3 UN Charter Provisions: Article 1(2) & (3), Article 13(1)(b), Articles 55, 56, 68,
4. Subject of International Obligations for Human Rights
4.1 Concept of subjects of international law
(Capacity to exercise rights and comply with obligations under International law)
4.2 States as subjects of human rights obligations
(Obligations from treaties and conventions on human rights (to which they are parties)
4.3 International organizations as subjects of obligations

Cont. …….

Gujarat University, Ahmedabad 10


LAW 404 J: International Perspectives of Human Rights and Duties

5. International Norms and Standards for Human Rights and Duties


5.1 Duty to respect the rights of others (UDHR-1948)
5.2 Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms, 1999
5.3 UNESCO Declaration on the Responsibilities of the Present Generations towards Future Generations, 1997

References:
1. UN High Commissioner for Human Rights, An Introduction: Making Human Rights a Reality (New York:
UN Publication Division, 1996).
2. Donnelly, J., The Concept of Human Rights (London: Bodley Head, 1973).
3. Bhagwati, P.N., Dimensions of Human Rights (Madurai: Society for Community Organization Trust, 1987).
4. UN Centre for Human Rights, The International Bill of Human Rights (Geneva: World Campaign for Human Rights,
1996).
5. UN Centre for Human Rights, International Human Rights Standards for Law Enforcement (Geneva: World
Campaign for Human Rights, 1996).
6. ILO, Comparative Analysis of the International Covenants on Human Rights and International Labour Conventions
and Recommendations, Official Bulletin (Geneva), vol.52, no.2, 1969, pp.181-216.
7. UNESCO, UNESCO and Human Rights: Standard Setting Instruments (Paris: UNESCO, 1999).
8. UNESCO, A Guide to Human Rights: Institutions, Standards, Procedures (Paris: UNESCO, 1999), edited by Janus
Symonbides and Vladimir Volodin.
9. Buergenthal, T. ed., Human Rights, International Law and the Helsinki Accord (New Jersey: Allanheld Osmon,
1977).
10. Rontarriaza, Naomi, Impunity and Human Rights in International Law and Practice (New York:OUP, 1995).
11. Verma, S.K., An Introduction to Public International Law (New Delhi: Prentice Hall, 1998).
12. Benedetto Conforti and Francesco Francioni, Enforcing International Human Rights in Domestic Courts, (1997).
13. Francisco Forrest Martin. International Human Rights Law and Practice, (1997).
14. Luck Clements, European Human Riohts Taking a Case under the Convention, (1994).
15. Evelyn A. Ankumah, The African Commission on Human Rights and People’s Rights, (1996).
16. R.K.Sinha, Human Rights of the World,(1997).
17. Philip Alston, The United Nations and Human Rights A Critical Appraisal, (1992).
18. R.S.Sharma and R.K.Sinha, Perspectives in Human Rights Development, (1997).
19. The Human Rights Watch Global Report on Women’s Human Rights, (2000), Oxford.
20. B.P.Singh Seghal, Human Rights in India, (1996).
21. Chandan Bala, International Court of Justice: Its Functioning and Settlement of International Disputes, (1997).

Gujarat University, Ahmedabad 11


LAW 405 J: International Order of Human Rights and Duties 4 Credits
Objectives of the Course:
The focus of this course is on the History and development of international concern for human at the international and
regional levels. Human rights have universal application. They gathered importance when the United Nations adopted the
Universal Declaration of Human Rights in 1948. Five units of this course, it deals with the kinds of rights evolvement in
generational phase and emergence of international and regional concern for human rights, and role of international
instruments on rights and duties like a European Convention; American Convention; African Charter.
Course Outcome: After completion of this course the students will be able to:
-

CO1: An improved ability to think about the Multifarious rights, which was evolved in the generational phase through
implementation and development of international human rights law and to apply this body of law in your own
professional and national setting;
CO2: Explain and describe the characteristics of the European Convention on Human Rights and Fundamental
Freedoms, power and functions of the Inter-American Court on Human Rights and Distinguish between human
rights and people’s rights under the African Charter on Human and People’s Rights.
CO3: Critically assess specific areas of international human rights law with reference to relevant legal instruments and
contemporary cases.
CO4: Draft a legal document in the form of a submission, reasoned opinion, declaration or resolution concerning a
specific area of human rights.
CO5: Acquire basic competency in legal writing and research.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. History and Development of International Human Rights Regime
1.1 International Bill of Human Rights, 1948
1.2 Universal Declaration of Human Rights, 1948
1.2.1 History, Structure and Legal Significance of the Declaration
1.3 First Generation Human Rights
1.3.1. The right to life,
1.3.2 Equality before the law,
1.3.3 Freedom of speech,
1.3.4 The right to a fair trial,
1.3.5 Freedom of religion,
1.3.6 Voting rights
2. International Instruments on Social, Economic, Cultural and Political Rights
2.1 Second Generation Human Rights
2.1.1 Economic, Social and Cultural in nature.
2.2 International Covenant of Economic, Social and Cultural Rights, 1966
2.3 International Covenant on Civil and Political Rights, 1966
2.4 Protocol to the International Covenant on Civil and Political Rights
2.5 Protocol to the International Covenant on Economic, Social and Cultural Rights
3. International Human Rights Instruments on Right to Development
3.1 Declaration on the Right to Development 1986
3.2 Reo Declaration on Environment and Development 1992
3.3 Stockholm Conference on the Human Environment 1972
3.4 Third Generation Human Rights
("third-generation human rights" remains largely unofficial, just as the also-used moniker of "green" rights, and thus
houses an extremely broad spectrum of rights)
3.1.1 Right to participation in cultural heritage
3.1.2 Right to self-determination
3.1.3 Right to economic and social development
3.1.4 Right to a healthy environment
3.1.5 Right to natural resources
3.1.6 Right to communicate and communication rights Cont. …….

Gujarat University, Ahmedabad 12


LAW 405 J: International Order of Human Rights and Duties

4. International Instruments on Human Duties and Responsibilities


4.1 Declaration on the Responsibilities of the Present Generations towards Future
Generations 1997
4.2 The Declaration of Human Duties and Responsibilities 1998
4.3 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedom 1999
5. Regional Instruments on Human Rights and Duties
5.1 European Convention on Human Rights
5.1.1 History and developments since 1950
5.1.2 Monitoring and Enforcement Machinery: European Court of Human
Rights, European Commission of Human Rights
5.2 American Convention on Human Rights 1969
5.2.1 History and development of human rights institutions in Latin America
5.2.2 American Commission and Court of Human Rights
5.3 African Charter on Human and People's Rights
5.3.1 African Charter of Human and People's Rights 1981
5.3.2 Mechanism of implementation: African Commission and Court of
Human and People’s Rights.

References:
1. UN, Declaration of the Right to Development (New York: UN Department of Public Information, 1988).
2. UN Centre for Human Rights, Civil and Political Rights: The Human Rights Committee (Geneva: World Campaign
for Human Rights, 1997)
3. UN Centre for Human Rights, Freedom of the Individual under Law: An Analysis of Article 29 of the Universal
Declaration of Human Rights (New York: UN Publication Division, 1990).
4. International Human Rights: Law, Policy, and Process. David Weissbrodt, Joan Fitzpatrick, Frank C. Newman
LexisNexis, 2009
5. Rehman, M.M. and others, Human Rights and Human Development: Concepts and Contexts (New Delhi: Manak
Publications, 2000).
1. Rosas, Allan, “The Right to Development”, in Asbjorn Eide and others, eds., Economic, Social and Cultural Rights: A
Text Book (Doredrech: Martinus Nijhoff, 1995).
2. Rembe, N.S., Africa and Regional Protection of Human Rights (Rome: Leoul, 1985).
3. Subbian, A., Human Rights Complaints Systems: International and Regional (New Delhi: Deep and Deep, 2000).
4. Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law,
by Weissbrodt, David and Joan Fitzpatrick, LexisNexis.
5. D.D. Basu, Human Rights in Constitutional Law, (New Delhi: Prentice Hall, 1994)
6. Moolchand Sharma, Constitutionalism, Human rights and Rule of Law – Essays in Honour of Soli J. Sorabji (Delhi:
Universal Book Publishing,
7. J.S. Verma, The New Universe of Human Rights (New Delhi: Universal Book Traders, 2006)
8. K. P. Saksena (ed.), Human Rights and the Constitution: Vision and Reality (New Delhi: Gyan, 2003)

Gujarat University, Ahmedabad 13


LAW 406 J: International Humanitarian and Refugee Laws 4 Credits
Objectives of the Course:
This paper enhances knowledge and understanding of the humanitarian problems of armed conflict and refugees and
elaborates purpose, substance and scope of the international humanitarian law and international refugee law and the
potential of IHL as a tool to achieve and maintain peace and protect rights and to create awareness of IHL. Human rights do
have value only in peace time. There have been some endeavours on the part of the international community to protect the
interests of refugees. But ‘Convention relating to the status of refugees’ has been such that it helps the developed countries
to shirk the responsibility towards the refugees leaving the burden to the developing countries. This course intends to equip
the students with the awareness of the various problems of refugees and to inspire them to critically evaluate the
international conventions and national legislation.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of the principles and institutions of International Humanitarian law and Refugee laws including
its origins, fundamental rules and sources.
CO2: An improved ability to think analytically about the implementation and development of Humanitarian law and
Law for Protection of Refugee.
CO3: An improved ability to analyse and conduct research on International Instruments on Humanitarian law and status
of IDPs, stateless persons and Refugee with national and international legal framework.
CO4: Intends to equip the students with the awareness of the various problems of refugees and to inspire them to
critically evaluate the international conventions and national legislation.
CO5: To know the Institutionalise framework for cross-national professional collaboration & exchange of information.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. Evolution of International Humanitarian Law (IHL)
1.1 Origin of International Humanitarian Law
1.2 Development of International Humanitarian Law
1.3 Geneva Convention for the amelioration of the condition of the wounded in armies in the field
1864
1.4 The Hague Conventions respecting the laws and customs of war on land 1899
2. Instruments of International Humanitarian Law (IHL) - (GCI), (GCII), (GCIII), (GCIV)
2.1 The First Geneva Convention provides protection to wounded and sick 1949 and Protocol 1977
2.2 The Second Geneva Convention provides protection to the wounded, sick and shipwrecked in
armed conflicts at sea. 1949
2.3 The Third Geneva Convention provided protections for Prisoners of War 1949 and Protocol 1977
2.4 The Fourth Geneva Convention provides protection to civilians in armed conflict, including those
living under occupation 1949 and Protocol 2005
2.5 Internally Displaced Persons: UN Guiding Principles on Internal Displacement 1998
3. Implementation and Enforcement of IHL:
3.1 Concept of Protecting Power
3.2 International Criminal Courts and Tribunals
3.3 International Committee of the Red Cross (ICRC)
3.4 Role of NGOs
4. International Refugee Law
4.1 The History of International Refugee Law
4.2 Determination of Refugee Status under the Refugee Convention 1951 and Protocol 1967
4.3 United Nations High Commissioner for Refugees (UNHCR)
4.4 Protection under International Law as Right to Asylum
5. Refugees Protection in India
5.1 Policy and Status of refugees in India under UNHCR
5.2 Indian critique of UNHCR and the Convention
5.3 Solution to Refugee Problem
5.3.1 Resettlement in third country, Temporary Protection, Safety Zones
5.3.2 International burden sharing
5.3.3 Ultimate solution: tackling the root causes. Cont. …….

Gujarat University, Ahmedabad 14


LAW 406 J: International Humanitarian and Refugee Laws

References:
1. International Humanitarian Law, Rules, Controversies, and Solutions to Problems Arising in Warfare
2. Principles of international law series, Marco Sassòli, Ealgar: 2011.
3. Chimni, B.S., International Refugee Law: A Reader (New Delhi: Sage Publications, 2000).
4. UNESCO, International Dimensions of Humanitarian Law (Paris: UNESCO, 1988).
5. International Humanitarian Law and International Human Rights Law, Orna Ben-Naftali, Oxford University Press,
2011
6. The Handbook of International Humanitarian Law Revised Edition by Dieter Fleck. Oxford University Press, 2014
7. Human Rights and Humanitarian Law: Developments in Indian and International Law, Oxford University Press 2007
8. Refugee Law and Policy: Selected Statutes, Regulations, and International Materials, by Karen Musalo 1998.
9. Sinha, Manoj K., Basic Documents on International Human Rights and Refugee Laws (New Delhi: Manak
Publications, 2000)
10. UN Centre for Human Rights, Special Issue on Human Rights and Humanitarian Law and Human Rights and Refugee
Law (New York, 1992)
11. UNHRC, Collection of International Instruments and other Legal Texts Concerning Refugees and Displaced Persons
(UNHRC, 1995).
12. B. S. Chimni, International Refugee Law, (2000).
13. Jean Yves Calier, who is a Refugee? - A Comparative Case Law Study, (1997)
14. Kelly Dawn Askin, War Crimes Against Women, (1997).
15. M.K.Balachandran, Rose Varghese, Introduction to International Humanitarian Law,(1997).
16. Guy S. Goodwin-Gill, The Refugee in International Law, (1996). Law 393
17. Veral Gowlland- Debbas, The Problem of Refugees in the Light of Contemporary International Law Issues, (1996).
18. Anti-personnel Landmines Friend or Foe? International Committee of Red Cross, (1996).
19. Resettlement Handbook, The United Nations High Commissioner for Refugees.
20. James C. Hathaway, Hohn A. Dent, Refugee Rights: Report on a Comparative Survey, (1995)

Gujarat University, Ahmedabad 15


Semester - II
1. LAW 407: Judicial Process
2. LAW 408: Law and Social Transformation of India
3. LAW 409: Legal Research Methodology
4. LAW 410 J: Social Movements and Human Rights in India
5. LAW 411 J: Criminal Justice System and Human Rights
6. LAW 412 J: Science and Technology and Human Rights

Gujarat University, Ahmedabad 16


Semester - II
LAW 407: Judicial Process 4 Credits
Course Content:
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 Dimension of Judicial Process in Constitutional Adjudications
2.1 Notions of judicial review
2.2 Role' in constitutional adjudication - various theories of judicial role
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 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 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.
References:
1. Julius Stone, The Province and Function of Law, Part II, Chs.I,8-16(2000), Universal, New Delhi
2. Cardozo, The Nature of Judicial Process (1995), Universal, New Delhi
3. Henry J. Abraham, The Judicial Processes (1998), Oxford
4. Julius Stone, Precedent and the Law: Dynamics of Common Law Growth (1985), Butterworth
5. W. Friedmann, Legal Theory (1960), Stevens, London
6. Bodenheimer, Jurisprudence - The Philosophy and Method of the Law (1997), Universal, New Delhi
7. Julius Stone, Legal System and Lawyers' Reasonings (1999), Universal, New Delhi
8. Upendra Baxi, The Indian Supreme Court and Politics (1980), Eastern, Lucknow
9. Rajeev Dhavan, The Supreme Court of India - A Socio-Legal Critique of Its Juristic Techniques (1977), Tripathi,
Bombay
10. John Rawls, A Theory of Justice (2000), Universal, New Delhi
11. Edward H. Levi, An Introduction to Legal Reasoning (1970), University of Chicago

Gujarat University, Ahmedabad 17


LAW 408: Law and Social Transformation of India 4 Credits

Course Content:
1. Law and Social Change
1.1 Laws as an instrument of social change
1.2 Law as the product of traditions and culture. Criticism and evaluation in the light of Colonization
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. Law and Its Inter-relationships with Religion, Language, Community and Regionalism
2.1 Religion, Language, community and regionalism as divisive factors
2.2 Responses of law to:
(a) Religion - through secularism,
(b) Language - through constitutional guarantees
(c) Community - through non-discrimination,
(d) Regionalism - through unity
(e) Non- discrimination and protective discrimination (reservation)
3. Women, Children and the Law:
3.1 Crimes against women
3.2 Gender injustice and its various forms
3.3 Women’s Commission
3.4 Empowerment of women: Constitutional and other legal provisions
3.5 Child labour
3.6 Sexual exploitation
3.7 Adoption and related problems
3.8 Children and education
4. Modernizations and the Law
4.1 Modernization as a value: Constitutional perspectives reflected in the
Fundamental duties
4.2 Modernization of social instructions through law
4.2.1 Reform of family law
4.2.2 Agrarian reform - Industrialisation of agriculture
4.2.3 Industrial reform: Free enterprise v. State regulation, Industrialisation v. environment protection
4.3 Reform of court processes
4.3.1 Criminal law: Plea bargaining; compounding and payment of Compensation to victims
4.3.2 Civil law: (ADR) Confrontation v. consensus; mediation and Conciliation; Lok Adalat
4.3.3 Prison reforms
4.4 Democratic decentralization and local self-government

5. Alternative Approaches to Law


5.1 The jurisprudence of Sarvodaya - Gandhiji, Vinoba Bhave, Jayaprakash Narayan
- Surrender of Dacoits; Concept of Gram Nyalayalayas
5.2 Socialist thought on law and justice; an enquiry through constitutional debates on the right to
property
5.3 Indian Marxist critique of law and justice
5.4 Naxalite movement: causes and cure

References:
1. Marc Galanter (ed.), Law and Society in Modern India (1997), Oxford
2. Robert Lingat, The Classical Law of India (1998), Oxford
3. U. Baxi, The Crisis of the Indian Legal System (1982), Vikas, New Delhi

Gujarat University, Ahmedabad 18


LAW 408: Law and Social Transformation of India

4. U. Baxi (ed.), Law and Poverty Critical Essays (1988), Tripathi, Bombay Manushi A, Journal about Women and
Society
5. Duncan Derret, The State, Religion and Law in India (1999), Oxford University Press, New Delhi
6. H. M. Seervai, Constitutional Law of India (1996), Tripathi
7. D. D. Basu, Shorter Constitution of India (1996), Prentice-Hall of India (P) Ltd., New Delhi
8. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000), Armor Publications, Delhi
9. Savitri Gunasekhare, Children, Law and Justice (1997), Sage
10. Indian Law Institute, Law and Social Change: Indo-American Reflection (1988), Tripathi
11. J. B. Kripalani, Gandhi: His Life and Thought (1970), Ministry of Information and Broadcasting, Government of
India
13. M. P. Jain, Outlines of Indian Legal History (1993), Tripathi, Bombay
14. Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999), Oxford

Gujarat University, Ahmedabad 19


LAW 409: Legal Research Methodology 4 Credits
Course Content:
1. Research Methods
1.1 Socio-legal research
1.2 Doctrinal and non-doctrinal
1.3 Relevance of empirical research
1.4 Induction and deduction
2. Identification of Problem of Research
2.1 What is a research problem?
2.2 Survey of available literature and bibliographical research
2.3 Legislative materials including subordinate legislation notification and policy statements
2.4 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.
2.5 Juristic writings - a survey of juristic literature relevant to select problems in India and foreign
periodicals
2.6 Compilation of list of reports or special studies conducted relevant to the problem
3. Preparation of the Research Design
3.1 Formulation of the Research problem
3.2 Devising tools and techniques for collection of data: Methodology
3.2.1 Methods for the collection of statutory and case materials and Juristic literature
3.2.2 Use of historical and comparative research materials
3.2.3 Use of observation studies
3.2.4 Use of questionnaires/ interview
3.2.5 Use of case studies
3.2.6 Sampling procedures- design of sample, types of sampling to be adopted
3.2.7 Use of scaling techniques
3.2.8 Jurimetrics
4. Classification and tabulation of data
4.1 Rules for tabulation
4.2 Explanation of tabulated data
4.3 Analysis of data
5 Computerized Research - A study of legal research programmes such as Lexis and West law coding

References:

1. M. O. Price, H. Bitner and Bysiewiez, Effective legal Research (1978)


2. Pauline V. Young, Scientific Social Survey and Research (1962)
3. William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw - Hill Book Company, London.
4. H. M. Hyman, Interviewing in Social Research (1965)
5. Payne, The Art of Asking Questions (1965)
6. Erwin C. Surrency, B. Fielf and J. Crea, A Guide to Research (1959)
7. Morris L. Cohan, Legal Research in Nutshell (1996), West Publishing Co.
8. Havard Law Review Association, Uniform System of Citations
9. ILI Publication, Legal Research and Methodology

Gujarat University, Ahmedabad 20


LAW 410 J: Social Movements and Human Rights in India 4 Credits
Objectives of the Course:
This paper aims at a sociological study of human rights and duties in India. Through five units, describe the concept, trend
and mobilization of social movement in India. It contains a concept, role of Various Movements like social and religious
reforms movements, political and ecological movements, feminist movement and various political movements, Dalit
movement for promotion and protection of human rights and its impact. Also study the role of international and national
institutions and NGO on promoting Human Rights. Urgent need for not only sensitizing others of human rights and duties,
but of practising oneself those values: self-inculcation, endeavour to live up to those ideals: Duty to respect others' rights,
respect each other's human dignity.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Outcome: This course would make the student acquaint with:
CO1: knowledge about the growth of Social Movement in India since the British Colonial era when civil liberties
consciousness was nurtured through various social reform and political movements against British undemocratic
rules with Human Rights perception and social evils of Indian society.
CO2: To understand he undemocratic social structure and institutions such as caste, ethnicity, religion threatening
ethos of Indian Democracy with impact of Peasant, Feminist, Dalit, Tribal and Environment movements in India.
CO3: Student will learn about Human Rights violation during Emergency period in 1975, and kind of Social
Movements for upliftment of various disadvantage people in the society and its mechanism of Protection.
CO4: To able to analyse the growth of social movements through NGOs in India to protect Human Rights and learn
about notion of fundamental rights under Indian Constitution with its role, functioning and critical appraisal.
CO5: It empowers them with knowledge about growth of human rights movement in the country that will open vast area
of human rights research to the students.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. Conceptual Perspective of Social Movements
1.1 Social Movements: Concept, Nature and Definitions
1.2 Categories and Types of Social Movements
1.3 Social Movement Socio-Political Implications
1.4 Social Movements as Promoter of Social Change and Human Rights
2. Social and Religious Reforms Movements and Human Rights
2.1 Brahmo Samaj
2.2 Arya Samaj
2.3 Dalit Movements (Mahad Satyagrah, Dalit Panther Movements, Namantar Andolan)
2.4 Tribal Movements (Santhal Insurrection, Munda Rebellion, Bodo and Jarkhand Movement)
2.5 Feminist Movement (Devdasi Movement, Devi Aandolan, Sati Pratha)
2.6 Anti-Corruption Movement-2011
3. Political Movements and Human Rights
3.1 Freedom Movements
3.2 Peasant Movements (Naxal Bari Movement, Kheda Satyagraha)
3.3 Sarvodaya Movement and Land Reform Movements (Bhudan, Gramdan)
3.4 Trade Union Movements
3.5 Students Unrest/ Youth Movements (Navnirman Andolan)
4. Ecological/Environment Movements and Human Rights
4.1 Chipko Movement
4.2 Narmada Bachao Andolan
4.3 Bishnoi Movement,
4.4 Silent Velley Movement,
4.5 Jangal Bachao Andolan,
4.6 Role of State and Judiciary to protect Environment: PILs on Environmental Rights
5. Role of Various Institution and NGO for Promoting Human Rights
5.1 UN Principal Organs: General Assembly, Economic and Social Council
5.2 UN Subsidiary Organ: Human Rights Council and it’s Advisory Committee Cont. …….

Gujarat University, Ahmedabad 21


LAW 410 J: Social Movements and Human Rights in India

5.3 NGOs and People Movements


5.3.1 People’s Union for Civil Liberties (PUCL),
5.3.2 People’s Union for Democratic Rights (PUDR)
5.3.3 Coordination of Democratic Rights Organisations (CDRO)
5.4 NGOs and Human Rights Movements: Amnesty International, Asia Watch

References:

1. Baxi, Upendra, "Clemency, Extradition and death: The Judicial Discourse in Kehar Singh ", Journal of Indian Law
Institute, vol.30, no.4, Oct- Dec. 1998, pp.501-86.
2. Bhargava, G.S., "National Human Rights Commission: An Assessment of Its Functioning", in K. P. Saksena, ed.,
Human Rights: Fifty Years of India's Independence (New Delhi: Gyan Publishing House
3. Bag, R.K., "Domestic Violence and Crime against Women: Criminal Justice Response in India ", Journal of Indian
Law Institute, vol. 39, nos.2- 4, 1997
4. Batra,Manjula, Protection of Human Rights in Criminal Justice Administration: A study of the right of Accused in
Indian and Soviet Legal System (New Delhi: Deep and Deep, 1989)
5. Bava,Noorjahan, ed., Human Rights and Criminal Justice Administration in India (New Delhi : Uppal Publishing
House, 2000)
6. Bhagwati, P.N., " Human Rights in the Criminal Justice System", Journal of the Indian Law Institute, vol. 27, no.1,
1985, pp 1-22.
7. Rights and Criminal Justice in India: The System and Procedure, New Delhi: OUP, 2006.
8. Tyne, Claude H. Van, India Freedom Movement (Delhi: Akashdeep Publishing House, 1990)
9. J.K. Das, 2001, Human rights and Indigenous Peoples, A.P.H. Publishing Corporations New Delhi.
10. Indrani Sen Gupta (ed), 2005, Human Rights of Minority and Women’s, Isha Books, Delhi.
11. Jhon, K. Thomas (ed), 2005, Human Rights of Tribals, Isha Books, Delhi.
12. Dr. Janak Raj Jai, 1996, Emergency Excesses A Daylight robbery of Human Rights, Regency Publication, New Delhi.
13. Rajendra Singh, Social Movements, Old and New—A post-modernist Critique (Sage India 2001)
14. Ashwini Ray, “Human Rights Movement in India”, Economic and Political Weekly, (9 August 2003).
15. Ghanshyam Shah, Social Movements in India—A Review of literature (New Delhi: Sage 2004).

Gujarat University, Ahmedabad 22


LAW 411 J: Criminal Justice System and Human Rights 4 Credits
Objectives of the Course:
This course, through its five units, proposes to provide the knowledge of the history, evolution, and present structure of the
criminal justice system in India with the International standards and norms. It encompasses the various components of the
criminal justice system and how they relate and interact with another and enhance knowledge and understanding the law
and how it interfaces with crime, criminal justice professionals and fulfil the public expectations.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Outcome: This course would make the student acquaint with:
CO1: To sensitize the students with human right issues regarding administration of criminal justice and makes them
understand issues of human rights violations occurring in society.
CO2: The student will be able to understand the concept of Crimes, its causes and various forms of crime. They can
analyse the relevancy and adequacy of various forms of rights of the accused Prescribed by Indian law, The Prison
system in India and reforms needed if any.
CO3: It empowers them with knowledge of mechanism which is responsible for providing justice to the victims of
crime, lacunas existing in the system and mechanism to address the loopholes.
CO4: After this course students will be able to analyse, interpret and assess the challenges posed to the implementation
of human Rights in criminal justice and may provide legal aid to various victims of crime in their vicinity.
CO5: To able to analyse the Issues related to Drug trafficking and its legal framework.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. Conceptual Perspective of Criminal Justice System
1.1 Concept of Crime and Criminal Liability
1.1.1 Mens rea (Intention, recklessness, negligence, malice)
1.1.2 Mens rea under the Indian Penal Code 1860
1.2 Offences Involving Human Rights
1.3 Punishments and Human Rights
1.4 Role of Criminal Justice System
2. Rights of Accused under Criminal Justice System
2.1 Double Jeopardy - Right against self-incrimination
2.2 Fair Trial & Speedy Trial
2.3 Right of Accused at appellate and revision stage
2.4 Compensation
3. Institutions and Administration of Criminal Justice System
3.1 Ordinary Courts
3.2 Special Courts,
3.3 Nyaya Panchayats
3.4 Access to Legal Defence and Legal Aid
3.5 Prosecution Service
4. Drug Trafficking and Criminal Justice System
4.1 Drugs, Narcotics, Psychotropic Substance, Primary Drug Abuse
4.2 International Legal Regime
4.2.1 Salient feature of the Single Convention on Narcotic Drug 1961 and 1972
4.2.2 Salient feature of the Convention on Psychotropic Substance 1972
4.3 Indian Regulatory System
4.3.1 Penal provisions Bharatiya Nyaya Sanhita (BNS) and Customs Act
4.3.2 Judicial approach to sentencing in drug trafficking and abuse
4.3.3 The Narcotic and Psychotropic Substance Act, 1985.
5. International Perspectives of Criminal Justice System
5.1 International Norms on administration of criminal justice
5.2 U.N. General Assembly Resolutions
5.3 International Criminal Court (ICC)
Cont. …….

Gujarat University, Ahmedabad 23


LAW 411 J: Criminal Justice System and Human Rights
References:
1. Baxi, Upendra, "Clemency, Extradition and death: the Judicial Discourse in Kehar Singh ", Journal of Indian Law
Institute, vol.30, no.4, Oct- Dec. 1998, pp.501-86.
2. Bhargava, G.S., "National Human Rights Commission: An Assessment of Its Functioning", in K. P. Saksena, ed.,
Human Rights: Fifty Years of India's Independence (New Delhi: Gyan Publishing House
3. Bag, R.K., "Domestic Violence and Crime Against Women: Criminal Justice Response in India ", Journal of Indian
Law Institute, vol. 39, nos.2- 4, 1997
4. Batra,Manjula, Protection of Human Rights in Criminal Justice Administration : A study of the right of Accused in
Indian and Soviet Legal System (New Delhi: Deep and Deep, 1989)
5. Bava,Noorjahan, ed., Human Rights and Criminal Justice Administration in India (New Delhi : Uppal Publishing
House, 2000)
6. Bhagwati, P.N., " Human Rights in the Criminal Justice System", Journal of the Indian Law Institute, vol. 27, no.1,
1985, pp 1-22.
7. Rights and Criminal Justice in India: The System and Procedure, New Delhi: OUP, 2006.
8. Rekha Singh & Bhavesh Bharad’s Bharatiya Nyaya Sanhita, 2023, Supriya Publication
9. Bhavesh Bharad & Rekha Singh’s New Criminal Major Act, Supriya Publication

Gujarat University, Ahmedabad 24


LAW 412 J: Science and Technology and Human Rights 4 Credits
Objectives of the Course:
We live in an era of scientific development. The alarming rate of development in biotechnology calls for drastic
change in the law. Many concepts and terms have to be re-defined. The development in information technology
poses serious problems and challenges. The rapid changes made by science and technology will have to be
reflected in law to make it meaningful and realistic in the modern era. This course is intended to make students
conscious of various Human rights violation and legal problems arising due to developments in such areas as
biotechnology and information technology and to identify the changes needed in the law. Aims of this course to
create awareness in the minds of students and taught to explore and exploit the significance of science and
technology and to bring it within the framework of law. It further seeks to explore some specific aspects and to
test the possible interactions, controversies and their interrelationships.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Outcome: After completion of the course the student will be able to:
CO1: Understand the interrelationship of science, technology and human rights and its impact on ethics,
morality and privacy.
CO2: Distinguish between positive & negative role of science & technology and its Impact on Human Rights.
CO3: Explain the impact of invitro fertilization and surrogate parenthood, abortion, organ transplant, Human
performance augmenting drugs and its technologies and euthanasia on human rights.
CO4: Define human rights perspective on new torture technologies like electric shock, trauma- inducing
drugs and psychotropic substances and other medical issues.
CO5: To create awareness amongst students with regards to legal developments in the context of emerging
technology and science across various fields.
CO6: To familiarize students with problems and perspectives between law, science and various forms of
evolving technologies.
CO7: To understand the needs for legal framework and regulatory control of science and technology and
can study these aspects so as to strike a balance between essential principles of human rights,
sustainable development, ethics, etc., with science and technology at the same time.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. Impact of Science and Technology on Human: Some Conceptual Issues
1.1 Concept of science & technology as a tool for furtherance of human and social welfare
1.2 Role of science & technology in contributing to development of human being
1.3 Negative role of science & technology
1.4 The on-going revolution in science & technology and its Impact
2. Right to Human Dignity: Some Ethical and Legal Issues
2.1 Biotechnological Perspectives (Experiments on Human Being)
2.1.1 Human cloning, in-vitro fertilization and Surrogate Parent hood
2.1.2 Organ transplant and sale of human organs
2.1.3 Human performance augmenting drugs and technologies
2.2 Life sustaining technologies (Artificial organs, Kidney dialysis, Life sustaining drugs)
2.3 Rights of the disabled (Artificial limbs, Mobile wheel chairs, Hearing aids, etc.)
2.4 Right to die in dignity and peace: Euthanasia
3. Science and Technological Impact on Right to Privacy
3.1 Technologies intruding into private life (various bugging devices, remote sensing)
3.2 Technologies that disturb public peace and private life (wanton use of loud speakers)
3.3 Article 21 of the Indian Constitution, other relevant legal provisions
3.4 International Guidelines for the Regulation of Computerized Personal Data Files 1990
4. Freedom from Torture: Use of Science and Technology
4.1 New torture technologies (Electric shocks, trauma-inducing drugs and psychotropic substances
4.2 Technologies for improvement of Police investigative techniques
(Finger print technologies, forensic medicine (DNA tests for identification)
4.3 Salient feature of International Conventions, Regimes and Norms
4.4 Article 21 of the Indian Constitution, other relevant laws prohibiting torture, or inhuman or
degrading treatment or punishment of persons in custody. Cont. …...

Gujarat University, Ahmedabad 25


LAW 412 J: Science and Technology and Human Rights

5. Rights to Peace and Science and Technology


5.1 Disarmament, eventual destruction of all weapons
5.1.1 Means and methods of warfare and violence
5.1.2 Problems of dual use technologies,
5.1.3 Lack of commitment on the part of Nations & issues of security of Nations
5.2 Article 51 of the Indian Constitution, other relevant legal Provisions
5.3 International Conventions, Regimes and Norms

References:

1. Markandey Katju, Law in scientific Era (2000) Universal, New Delhi


2. Cees J.Hamelink, the ethics of cyber space (2001) sage.
3. Jonh Zinian et.al(ed) World of Science and Rule of Law (1986) Oxford
4. U.Baxi,Biotechnology and Legal Order: Dilemmas of the future of Law and Human nature.(1993)
5. UN Centre for Human Rights, Advisory Services and Technological Cooperation in the Field of Human Rights
(Geneva: World Campaign for Human Rights, 1996).
6. UN Centre for Human Rights, Report of the International Consultation on AID and Human Rights, Geneva, 26-28
July 1989 (New York: UN Publication Division, 1991).
7. WHO, Health as a Bridge for Peace and Human Rights (Geneva: WHO, 1996)
8. WHO, Protection of Human Rights in the Light of Scientific and Technological Progress in Biology and Medicine
(Albany: WHO, 1975)
9. Bankowski, I., ed., International Ethical Guidelines for Bromedial Research Involving Human Subjects
(Geneva: WHO, 1993).
10. Johnston, Ann and others, eds., New Technologies and Development (Geneva: UNESCO, 1986).
11. Michael, James, Privacy and Human Rights: An International and Comparative Study with Special Reference to
Documents in Information Technology (Paris: UNESCO, 1994).
12. Swarup J., Human Rights and Fundamental Freedoms, (1975)
13. Nagendra Singh, Human Rights and International Cooperation. (1969)
14. Kashyap, S.C., Human Rights and Parliament, (1978)
15. Khare S.C., Human Rights and United Nations, (1977)
16. Moskowitz. Human Rights and World Order, (1958)
17. Drost, Human Rights as Legal Rights, (1965)
18. Garling M., Human Rights Handbook, (1979)
19. Robertson, E., Human Rights/n the World, (1972)
20. Baxi, U., “Human Rights, Accountability and Development”, Indian Journal of International Law, 279, (1978)
21. Basu, D.D., Human Rights in Constitutional Law, (1994)
22. Krishna Iyer, V.R., Human Rights - A Judge’s Miscellany, (1995)

Gujarat University, Ahmedabad 26


Semester - III
1. LAW 501 J: Women and Human Rights
2. LAW 502 J: Human Rights and Children
3. LAW 503 J: Human Rights of Disadvantaged People and Vulnerable Groups
4. LAW 504 J: Human Rights and Environment Protection
5. LAW 505 J: Emerging Dimension of Human Rights and Duties
6. LAW 506 J: Problem, Protection and Enforcement of Human Rights

Gujarat University, Ahmedabad 27


Semester - III
LAW 501 J: Women and Human Rights 4 Credits
Objectives of the Course:
This subject largely investigates international human rights law as it applies to women’s lives. It is important to
consider the language used in this course - the focus is on women and women’s lives, the course is not called
‘gender and human rights law’, however you are encouraged to reflect on this and consider issues of gender and
sexual violence that may affect not only women.
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Course Outcome: After completion of the course the student will be able to:
CO1: To sensitize the students on women’s human rights issues so as to promote a conducive society where
women may live in violence free atmosphere and may contribute in the overall development of the
society and nation.
CO2: To enhance awareness of students regarding legal provisions and working of different institutions in
protecting human rights of women. So, Students may become champions of human rights of women.
CO3: To empower them personally and help them create a gender sensitive society by offering legal aid in
their surroundings.
CO4: This course will go a long way in capacity building of women in particular and shunning violence
against them.
CO5: The students will be able to understand the gender equality.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Course Content:
1. Concept and Status of Women: Gender Equality
1.1 United Nations and Status of Women - Setting the Global Gender Agenda
1.2 Status of Women in Contemporary Indian Society / Social and Legal inequality
1.3 Women as a vulnerable group and Causes of Vulnerability of Women
Poverty, illiteracy, lack of independence, oppressive social customs and gender bias
1.4 Magnitude and forms of Problems of Women
Violence against and abuse of women in public and private domains
2. Silent features of Human Rights Instruments on Women Rights
2.1 UDHR
2.2 UN Convention on Political Rights of Women (1952),
2.3 Convention on Nationality of Married Women (1957),
2.4 UNESCO Convention against Discrimination in Education (1960)
2.5 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages -
1962
2.6 Declaration on the Elimination of Violence against Women-1967
2.7 Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)
and its Optional Protocol 1999
2.8 Beijing Declaration and Platform for Action - 1995
3. Women Rights in India
3.1 Indian Constitution and Women Right
3.1.1 Preamble, Fundamental Rights and Duties, Directive Principles of State Policy –
(Special provisions for the protection of women: Article 15(3), Article 39(d) & (e),
Article 42, Articles 243-D & 243-T)
3.1.2 Political rights of women (Women’s reservation in representative bodies)
3.2 Women Right through Legislation
3.2.1 Marriage, Divorce and Maintenance
3.2.2 Adoption and Guardianship
3.2.3 Right to Property (Hindu Succession Act, 1956 & Amendment 2005)
3.2.4 Right to Life (Commission of Sati (Prevention) Act, 1982)

Cont. ……

Gujarat University, Ahmedabad 28


LAW 501 J: Women and Human Rights

3.3 Industrial Law related to Women Rights


3.3.1 Employee’s State Insurance Act, 1948
3.3.2 Factories Act,1948
3.3.3 Maternity Benefits Act,1961 and M.B. (Amendment) Act, 2017
3.3.4 Right to Equal Pay (Equal Remuneration Act, 1976)
3.4 Sexual Offences and Women Rights
3.4.1 Right to dignity and decency
3.4.2 Right to keep their identity anonymous
3.4.3 Right to get free legal aid
3.4.4 Right not to be arrested at night
3.4.5 Right to register virtual complaints
3.4.6 Right against indecent representation
4. Crimes against Women and Legislative Approach
4.1 Dowry Death (Dowry Prohibition Act, 1961 and Amended 1986)
4.2 Kidnapping, Slavery, forced labour (Immoral Traffic Prevention Act, 1956)
4.3 Right against domestic violence (Domestic Violence Act, 2005)
4.4 Social discrimination against women and female foeticide
(Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Selection) Act, 1994)
4.5 Right against workplace harassment (Vishakha Guidelines)
(Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013)
4.6 Bharatiya Sakshya Adhiniyam (BSA) (Sec.117) & Others
5. Women Rights Protection and Enforcement Agencies
5.1 Constitutional mechanisms: Legislature, Executive and Judiciary (special contribution of judiciary)
1.2 Statutory mechanism: National Commission for Women (NCW)
5.3 State Commissions for Women
5.4 Role of NGO’s
5.5 The information media v. Role of education
----------
References:
1. A.S. Anand C.J., "Justice for Women", 2"^ Edition 2003, Universal Law Publishing
2. V. Dicey, "Law of the Constitution", 4* Edition 2003, Universal Law Publishing Co. Pvt. Ltd.
3. Anwarul Yaqin , "Legal Research & Writing Methods" , Lexis Nexies Butterworth 2009
4. Atray, J.P., "Crime Against Women", (1988)
5. Bharat Zhunzhunwala, "Indian Approach to Women Empowerment", 1st Edition, Rawat Publication, Jaipur New
Delhi. 2004
6. Dewan V.K., "Law Relating to Women", Second Edition, 2008, First Edition 2000, Orient Publishing Company.
7. Jaising Indira (ed) "Law of Domestic Violence", 2000
8. Kumar, "Women and Crime", First Published 2006, Anmol Publications Pvt. Ltd.
9. Mamta Rao, "Law Relating to Women & Children", First Edition 2005, Eastern Book Company
10. Manjula Batra, "Woman and Law and Law Relating to Children in India" 2P' Edition 2003, Allahabad Law Agency
11. Marjories Aqosin "Women, Gender & Human Rights", 2003 Edition, Rawat Publications
12. Mohini Chatterjee, "Women's Human Right", l" Edition 2005, Avishkar Publications.
13. N.K. Acharya, "Commentary on Protection of Women from Domestic Violence, Asia Law House, Hydrabad, 2007.
14. Preeti Misra, "Domestic Violence against Women Legal Control and Judicial Response", Edition 2006, Deep & Deep
Publications Pvt. Ltd.
15. Douglas Brownidge: The Violence Against Women: Vulnerable Populations, Routledge, 2009
16. Das, P.K. (2007). Handbook on Protection of Women from Domestic Violence Act and Rule
17. Rai, O.P. (2013). Protection of Women from Domestic Violence
18. Prabhat Chandra Tripathi, Crime against Working Women, (1998).
19. Paras Diwan and Piyush Diwan, Women and Legal Protection
20. Kelly D. Askin, Dorean M. Koening, Women and International Human Rights Law, (1999).
21. Rekha Singh & Bhavesh Bharad’s Bharatiya Nyaya Sanhita, 2023, Supriya Publication
22. Bhavesh Bharad & Rekha Singh’s New Criminal Major Act, Supriya Publication

Gujarat University, Ahmedabad 29


LAW 502 J: Human Rights and Children 4 Credits
Objectives of the Course:
This course, through its five units, proposes to provide the knowledge of Children, Child Rights, and its laws with the
International standards and norms in the Convention on the Rights of the Child (CRC) any many more. In many cases
Child abused by the very individuals responsible for their care. Despite much progress in recent decades, millions of
children are still living without their basic rights. Child rights are the human rights of children. Every child, regardless of
their age, race, gender, wealth or birthplace, has rights. It recognises all children must be treated fairly, equally and with
dignity. After understanding Student knows that if children’s rights are protecting, children stand a much better chance of
growing up in a society that allows them to thrive.
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Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of the concept and history of national and international norms of protection of children.
CO2: An improved ability to think analytically about the implementation and development of international and national
mechanism for child’s rights
CO3: An improved ability to conduct research on child related issues and getting solutions for the same.
CO4: To access the institutional framework for cross-national collaboration and the exchange of information.
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Course Content:
1. Definition, Concept and Status of Child
1.1 Definitions of Child and Childhood, The Emergence of the Idea of Child Rights in India
1.2 The Principle of the Best Interests of the Child
1.2.1 The Child’s Family – Rights and Responsibilities,
1.2.2 The Child’s Family – Adoption, Reproductive Technique and the Right to an Identity
1.3 The Foetus Rights as Human Rights: Sex Determination and Ultrasonography
1.4 Indian context of juvenile delinquency
2. Salient Features of International Human Rights Instruments on Child Rights
2.1 Convention on the Rights of the Child (CRC) 1989 & Optional Protocol to the CRC on the sale of
children, child prostitution and child pornography 2000
2.2 World Declaration on Education for All 1990
2.3 UN guidelines for the prevention of juvenile delinquency, 1990 (The Riyadh Guidelines)
2.4 UN Convention against Transnational Organised Crime, 2000 & the Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, especially Women and Children-2003.
2.5 ILO Convention on Restriction and Prohibition on Child Labour including ILO Convention on
Child Labour (1990)
3. Children Rights in India
3.1 Child Rights Protective Measures under Indian Constitution
(Article 14, 15 (3), 21, 21(A), 23, 24, Article 39, (e), (f) ,45, 46 and 51)
3.2 Right to Survival – To Life, Food, Health, Name, Nationality
3.3 Right to Development - To Education, Care
3.4 Right to Protection – from Exploitation, Abuse, Neglect
3.5 Right to Participation – To Expression, Information, Thought, Religion
3.6 Right against Bonded or Forced Labour
4. Statutory Framework regulating Child Rights in India
4.1 Child Trafficking (Bharatiya Nyaya Sanhita 2023, Immoral Traffic (Prevention) Act, 1986 &
Others)
4.2 Child Marriage - Prohibition of Child Marriage Act, 2006
4.3 Right to Children to Free and Compulsory Education Act, 2009 (RTE Act)
4.4 Juvenile delinquency – (The Juvenile Justice (Care and Protection of Children) Act, 2015)
4.5 Sexual Abuse & Child Pornography (Protection of Children from Sexual Offences (POCSO) Act,
2012 and (Amendment) Act, 2019

Cont. ……..

Gujarat University, Ahmedabad 30


Law 502 J: Human Rights and Children

5. Implementation and Enforcement Mechanisms & Welfare Schemes


5.1 National Commission for Protection of Child Rights (NCPCR)
5.2 NCPCR Various Guideline for Children
5.3 Central Adoption Resource Authority - CARA
5.4 Role of judiciary and Landmark Judgements on Protection of Child Rights
5.5 Government Welfare Schemes for Children

References:
1. Archard, D. (2004), Children - Rights and Childhood, Routledge-Taylor and Francis Group, London and New York.
2. Awasthi, S.K, Kataria (R.P., 2002), Law Relating to Protection of Human Rights, Orient Publishing Company.
3. Bajpai, Asha (2003), 'Child Rights in India: Law, Policy, and Practice', Oxford University Press, New Delhi.
4. Batra. Manjula, (1990) The Law and the Indian Child, YWCA OF India, New Delhi.
5. Baxi, U., Reclaiming our Common Future: Human Rights of Children, The Child and the Law, UNICEF, India
Country Office, New Delhi.
6. Chandru. K., Ramaseshan. Geetha, Thankkachalam. Chandra (Eds), (1998) Child and Law in India, Indian Council
for Child Welfare, Chennai, Tamilnadu.
7. Choudhry, R.N., (2007), Law Relating to Juvenile Justice in India, Orient Publishing Company, New Delhi,
Allahabad.
8. Das, Bikash (2000), 'Legal Matrix-Exploring Rights of the Child: Looking at Indian Laws through the Lenses of
Convention on Rights of the Child", CLAP, Cuttack, Orissa.
9. Diwan, Paras, Diwan, Peeyushi, (1996), Children and Legal Protection, DEEP & DEEP PUBLICATIONS, New
Delhi.
10. King, M. (ed), (1981), Childhood, Welfare and Justice, Batsford Academic and Educational Ltd., London.
11. Kumari, V. (2004), The Juvenile Justice System in India - From Welfare to Rights, Oxford University Press, India.
12. Paranjape, NY, (1997), Studies in Jurisprudence and Legal Theory, Central Law Agency, Allahabad.
13. Bimal Kumar, 2000, Problems of Working Children, A.P.H, Publishing Corporation, New Delhi.
14. K.P, Saksena, (ed), 2003, Human Rights and The Constitution vision and the Reality, Gyan Publishing House, New
Delhi.
15. Philip Aiston (et.aI.), Children, Rights and the Law.
16. Geraldine Van Bueren, The International Law on the Rights of the Child, (1998).
17. N.K.Chadrabarti, Juvenile Justice in the Administration of Criminal Justice, (1999).

Gujarat University, Ahmedabad 31


LAW 503 J: Human Rights of Disadvantage People and Vulnerable Groups 4 Credits
Objectives of the Course:
This course through its five units explain the knowledge, Human rights are the rights of all human beings. Violation of
these rights is human rights violations. Due to frequent violations to particular groups in disadvantageous positions, new
categories of human rights have emerged. These groups are of people such as women, children, prisoners and dalits. Also
discuss undemocratic social structure of Indian Society and agencies of Indian State that violate human rights of vulnerable
groups in our country such as LGBT, disabled people, internally displaced persons and its Mechanism. Violation of human
rights of these groups is of great concern of every nation today. The officials of the state like the police force commit such
violations. This is only an illustration. There are several other categories of violations.
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Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of concept of exclusion and marginalization of disadvantage people and vulnerable
groups.
CO2: Achieve ability to assess the practical effectiveness of different mechanisms for implementing or
enforcing human rights of disadvantage people and vulnerable groups.
CO3: Causal factors of human rights violations, human rights norms, and legal remedies available to these
disadvantage people and vulnerable groups in national and International legal framework.
CO4: Understand key topics in LGBTQ and human rights in a multifaceted way and Conduct careful, rigorous
research on human rights and LGBTQ issues.
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Course Content:
1. Meaning and Concept of Vulnerable and Disadvantaged Groups
1.1 Customary and Kind of Groups
1.2 Identification of Disadvantaged People
1.3 Economic and Social Inequalities
1.3.1 Land Rights, Rural Indebtedness
1.3.2 Impact of Forest Law on Tribal Community
1.3.3 Bonded Labour; Issues of Human Dignity
1.4 Socio-Economic and Cultural Problems of Vulnerable and Disadvantaged Groups
2. Human Rights of Vulnerable Groups
2.1 Women’s Rights: International and National Standards
2.2 Children’s Rights: International and National Standards
2.3 Scheduled Castes and Scheduled Tribes
2.3.1 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
2.3.2 Constitutional and Legal Rights of Scheduled Caste and Scheduled Tribes.
2.4 Elderly Persons
2.4.1 The United Nations Principles on Rights of Elderly
2.4.2 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and other
Provisions
3. Human Rights of Disadvantaged Groups I
3.1 Stateless Persons, internally displaced persons and refugees
3.1.1 Concept of Nationality and Citizenship
3.1.2 Concept and Causes of Statelessness and its International Legal Standards
3.1.3 Consequences of Statelessness on Human Rights
3.2 Indigenous Peoples
3.2.1 International Norms Relating to Tribal and Other Indigenous Groups
3.2.2 UN Declaration on the Indigenous Peoples 1995,
3.2.3 UN Voluntary Fund for Indigenous Populations 1985
3.2.4 UN Declaration on the Rights of Indigenous Peoples 2007
3.3 Rights of Migrant workers
3.3.1 International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families-1992
3.3.2 Right of Migrant Workers in India
4. Human Rights of Disadvantaged Groups II
4.1 HIV positive persons and AIDS victims and Human Rights: International and National Scenario
4.1.1 International Human Rights Obligations and HIV
4.1.2 States’ obligation to respect and protect Human rights and Violations Cont. …….

Gujarat University, Ahmedabad 32


LAW 503 J: Human Rights of Disadvantage People and Vulnerable Groups

4.2 Disabled Person and Human Rights


4.2.1 Convention on the Rights of Persons with Disabilities, 2006
4.2.2 Laws Relating to Disabled in India
4.2.3 Right to health of persons with disabilities in India
4.3 Right of LGBT People: International and National Scenario
4.4 Sex Workers and Human Rights
4.4.1 The Immoral Traffic (Suppression) ACT of 1956
5. Institutional safeguards for Human Rights Protection
5.1 National Commissions
5.2 State Commissions
5.3 Various Landmark Judgements
5.4 Role of Media
5.5 Role of Non-Governmental Organizations

References:
1. Sinus, J., Women, Health and the Environment: An Anthology: Tabular Information on Legal Instruments dealing
with HIV Infections and AIDs (Geneva: WHO, 1994).
2. Upendra Baxi : Dignity In and With Naz, Law Like Love
3. B.D. Sharma, Rights of Tribals, Journal of the NHRC, Vol. 1, 2002, 79-132
4. Chandrima Chatterjee and Gunjan Sheoran: Vulnerable Groups in India, Centre for Enquiry into Health and Allied
Themes, 2007, Mumbai
5. P.K. Pandey (Ed) Human Rights, APH Publishing Corporation, 2012
6. Ram Kishore Chppudhury and Tapash Ghan Choudhury: Judicial Reflections of Justice Bhagwati, Eastern Law
House, 2008
7. Susan Timberlake: UNAIDS: Human Rights, Ethics, and Law; Health and Human Rights, Vol.3. No.1 1996 available
at http://www.hhrjournal.org/archivespdf/4065286.pdf.bannered.pdf
8. TSN Sastry Sex Workers and Human Rights: Indian Scenario in the Proceeding the ISIL of the International
Conference 2001, Vol II pp 526-538)
9. Turner Bryan S.: Vulnerability and Human Rights: 2006, The Pennsylvania University Press
10. Bilder, R.B. (1992). An overview of international human rights law. In Guide to international human rights practice
(ed. H. Hannum) (2nd edn), pp. 3–18. University of Pennsylvania Press, Philadelphia, PA.
11. Chatterjee Mary, Sharma Ursula edited (2003), Contextualising Caste; Post-Dumontian Approaches, Rawat
Publications, New Delhi
12. International Covenant on Economic, Social and Cultural Rights, UN General Assembly Resolution 2200A (XXI),
A/6316 (1966)
13. United Nations. (2011). The United Nations Speaks Out: Tackling Discrimination on Grounds of Sexual Orientation
and Gender Identity. [Brochure]. www.ohchr.org/EN/Issues/Discrimination/Pages/LGBTBrochure.aspx
14. G. S Bhargava and R.M.PaI, Human Rights of Dalit Societal Violation, (1999).

Gujarat University, Ahmedabad 33


LAW 504 J: Human Rights and Environment Protection 4 Credits
Objectives of the Course:
Since the inception of human history, environment has played a vital role in sustaining life and catering to the needs of
human beings. In such a situation the role of national governments, the role of individuals and that of society towards
environment protection has become very important. Therefore, today Environmental Law is one of the most important tools
for environment protection and management and hence it is necessary for every student to understand this Indian
Environmental Law subject. The focus of this course is to develop an understanding about the historical factors for the
development of the international environmental law from 1972 to 2012 and beyond as a code of environmental ethics
among nations. The course has been designed in such a way that LL.M degree students could be well acquainted with
different aspects of environment and to study the international legal developments in the form of conventions and
conferences related to environment and sustainable development.
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Course Outcome: The student will understand the following:


CO1: To analyses the various Conferences and conventions relating to environment.
CO2: To make the students aware about the provisions under the Indian Constitution for protection of
environment and the various legislative measures. It also provides an opportunity to the students to
understand the activist role played by Indian Judiciary in protection of environment and evolution of
different principles.
CO3: Students will get the knowledge about the Environment (protection) Act, powers of central government
and state government to make laws and Environment Tribunals.
CO4: Student will be able to analyse the Concept of sustainable development and statutory position on
environment law, international status to address environmental issues and challenges and will be able to
translate the same in National perspective.
CO5: To understand the historical growth of the idea of human rights in relation with environment protection
and can demonstrate an awareness of the international context of human rights.
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Course Content:
1. Meaning, Nature and Scope of Environment
1.1 Meaning and Concern for Environment, historical Perspective,
1.2 Pollution and its effects on environment and life on earth,
1.3 Right to clean environment: Right to environment versus right to development
1.5 Threats to environment
2. International Approach to Environment Protection and Human rights
2.1 Interrelation between Environment and Human rights
2.1.1 Stockholm Conference (The United Nations Conference on Human Environment, 1972)
2.1.2 Aims and Objectives and Framework of the Conference,
2.2 United Nations Declaration on the Human Environment, 1972
2.3 World Commission on Environment and Development (1987)
2.4 The United Nations Conference on Environment and Development, (UNCED)
(Earth Summit, 1992) Agenda 21: Blue Print for action in 21st century and Human rights
2.4.1 Aims, Objectives and Framework of the Conference,
2.4.2 Earth Charter or Rio Declaration
2.5 General Assembly Special Session on the Environment (1997) (Earth Summit +5)
3. Human Rights Approach to Environmental Protection
3.1 Constitutional Perspective towards Environment
3.2 Traditional Knowledge and Environment Protection
3.2.1 Right to Indigenous People
3.2.2 Intellectual Property aspect of Traditional Knowledge
3.2.3 Issues of Benefit Sharing of Traditional Knowledge
3.3 Rights of Forest Dwellers
3.3.1 The Scheduled Tribes and other Traditional Forest Dwellers (Recognition and Forest
Right) Act, 2006
3.4 Right of Future Generations Cont. …….

Gujarat University, Ahmedabad 34


LAW 504 J: Human Rights and Environment Protection

4. Environment Pollution and Legal Order for protection in India


4.1 The Water Act, 1974 and the Air Act 1981
Regulatory Authorities and their Powers & Functions, Pollution Control Measures, Remedies
4.2 Environment (Protection) Act, 1986
4.2.1 Regulatory authorities and their powers and functions
4.2.2 Environment Protection Measures
4.2.3 Remedies
4.3 Environment Impact Assessment Notification, 1994 and Public Hearing Notification, 1997
5. Judicial Approach, Enforcement & Institutional Mechanism for Environment Protection
in India
5.1 Judicial Approach: Writ under Art. 32 and 226, Landmark Judgements
5.1.1 Polluter Pays Principles: Absolute Liability of Hazardous Industries
5.1.2 Precautionary Principle
5.1.3 Public Trust Doctrines
5.1.4 Judicial Expansion of Article -21
5.2 Tribunal: National Green Tribunal (NGT Act, 1995)
5.3 National Environment Appellate Authority
5.4 CPCB and State Pollution Control Boards: Process and Remedies

References:
1. John, K. Thomas (ed) 2005 Human Rights of Tribal Isha Books, New Delhi
2. Amar Gupta 2005 Human Rights of Indigenous People Isha Books H.M.Seervani(ed) 2006
3. Constitutional law of India Universal Law Publisher, Co. Pvt. Ltd.
4. J.K.Das, 2001 Human Rights and Indigenous Peoples A.P.H. publishing Corporation, New Delhi
5. Macrory (2010) Regulation, Enforcement and Governance in Environmental Law (Hart Publishing
Paperback)
6. Holder and Lee, Environmental Protection, Law and Policy (Cambridge University Press, 2007)
7. Birniepatricia Boyle Alan and Redgwell Catherine, International Law and the Environment, 3rd Edition,
Oxford University Press.
8. Stranks Jeremy, The A-z of the Environment, Viva Books Publiction
9. Ramaswamy R Iyer, Water and the Laws in India (Centre for Policy Research, New Delhi, Sage
Publications 2009).
10. Jain, S. N., Alice Jacob, and Subash C. Jain (1971), Interstate Water Disputes in India: Suggestions for
Reform of Law (New Delhi: The Indian Law Institute)
11. Rao, D. S. (1998), Inter-State Water Disputes in India: Constitutional and Statutory Provisions and
Settlement Machinery.
12. Leelakrishnan P, Environmental Law in India, Lexis Nexis- New Delhi
13. Shyam Diwan, Armin Rosencranz, Environmental Law and Policy in India, Oxford
14. Legal Control of Environmental Pollution by Mahesh Mathur – Deep & Deep Publication, New Delhi
15. Environmental Law by Dr H N Tiwari – Allahabad Law Agency
16. Law Relating to Environmental Pollution and Protection by Dr N Maheswar Swamy – Asian Law House
17. Environmental Law in India, P Leelakrishnan, LexisNexis (2016)
18. Environmental Law, S C Shastri, Eastern Book Co (2017)
19. Gromley W.P., Human Rights and Environment, (1976)

Gujarat University, Ahmedabad 35


LAW 505 J: Emerging Dimensions of Human Rights 4 Credits
Objectives of the Course:
Human rights are the foundation of free societies. The globalized society must speak out in defence of the effective
guarantee of rights, assuring peace, justice, freedom and conditions of well-being as the base of a harmonious and happy
life for all. All human beings - free, equal and endowed with dignity - are entitled to more rights than just those that are
recognized, protected and guaranteed. Emerging Human Rights arises with the aim of contributing to the design of a new
horizon of rights that will orientate the social and cultural movements of communities and peoples. This Course established
the relationships between emerging rights like climate change, Corruption, Information, Health etc. and human rights with
its international mechanism and Judicial activism for protect it.
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Course Outcome: The student will understand the following:


CO1: To analyses the constitutional perspective on right to health as fundamental right and Indicate the measures for the
realization of the right to health and Identify the impact of health policies, programmes and practices on human
rights.
CO2: An understanding of conceptual framework with specific terms, that, how violations of human rights may be linked
to particular acts of corruption. It also builds links between specific acts of corruption and specific violations of
rights. Student(s) Knows how organisations can promote human rights while working to end corruption.
CO3: Analyse the right to information under the Indian Constitution and develop the understanding on the right to
information is important for good governance. Identify right to information under International Conventions.
CO4: An improved the ability to think about climate change that is already undermining the realisation of a broad range of
internationally protected human rights: rights to health and even life; rights to food, water, shelter and property;
rights associated with livelihood and culture; with migration and resettlement; understanding the construction of an
international climate change regime too has rights implications. Mitigation policies have clear human rights
dimensions.
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Course Content:
1. Right to Health as Human Rights and Patent Regime
1.1 Human Health is Human Rights
1.1.1 Key aspects of the Right to Health
1.1.2 Link between the right to health and other human rights.
1.1.3 Right to Health under International Law or Instruments.
1.1.4 Status of Right to Health under Indian Constitution
1.2 Obligations on States and Responsibilities of Others towards the Right to Health
1.2.1 3 types of obligations, (1) The obligation to respect, (2) to protect & (3) to fulfil
1.2.2 Responsibilities of United Nations bodies and specialized agencies
1.3 Patent Regime and Rights to Health
1.3.1 Doha Declaration on the TRIPS Agreement and Public Health and its amendments
1.4 Judicial Response towards Right to Health, Role of Governments
2. Corruption and Human Rights
2.1 International Conventions on Corruption
2.1.1 UN Convention against Transnational Organized Crime,2005 and the Protocols
2.1.2 United Nations Convention against Corruption (UNCAC) 2005
2.1.3 Other Regional Efforts against Corruption
2.2 Twenty Guiding Principles for the Fight against Corruption
2.3 The Prevention of Corruption Act, 1988 and It’s (Amendment) Act, 2018
2.4 Landmark Cases and Judgements on Corruption
2.5 Transparency International Movement
3. Right to Information and Human Rights
3.1 Right to Information under International Conventions and Declarations
3.2 Right to Information as Fundamental rights under Indian Constitution
3.3 The Right to Information Act, 2005 (Right to know and Right to obtain information from public authorities)
3.4 Right to Information in different Statutes in India
(The Official Secrets Act, 1923; The Public Records Act, 1993; The Public Records Rules, 1997; The Freedom of Information Act, 2002;
The Commission of Inquiry Act, 1952; The Commission of Inquiry (Central) Rules, 1972, Bharatiya Sakshya Adhiniyam (BSA) etc.)

Gujarat University, Ahmedabad 36


LAW 505 J: Emerging Dimensions of Human Rights

4. Human Rights Dimensions of Climate Change


4.1 Understanding of climate change, Disaster and displacement
4.2 Causes of displacement triggered by climate change
4.2.1 hydro-meteorological disasters (flooding, hurricanes/typhoons/cyclones or mudslides)
4.2.2 Environmental degradation and slow onset disasters
(Reduction of water availability, desertification, long-term effects of recurrent flooding, sinking costal
zones, increased salinization of ground-water and soil)
4.2.3 Governments to designate areas as high-risk zones too dangerous for human habitation
4.2.4 “Sinking” small island states caused by rising sea levels
4.3 Protection under International and National Law
5. Emerging Rights through Legislative Approach of Judiciary
5.1 Judicial Interpretations of Indian Constitution: Landmark Judgments
5.1.1 Right to Live with Dignity (Environment, Food, Clean Water, Clean Air, Education
5.1.2 Right to Die with Dignity (Euthanasia)
5.1.3 Status of Aadhar case
5.1.4 The right to Internet access
5.2 Judicial pronouncement on Human Rights
5.3 Judicial pronouncement and Legislation: Visakha Guideline
5.4 IT Act Section 66A repealed

References:
1. Compendium of International Legal Instruments on Corruption, 2nd Edition, United Nations Office on Drugs and
Crime, Vienna UNITED NATIONS New York, 2005
2. EJF (2017) BEYOND BORDERS: Our changing climate – its role in conflict and displacement
3. Deng, Francis. "The guiding principles on internal displacement" E/CN.4/1998/53/Add. l, February 11. New York,
NY: United Nations.
4. Information note: Protect the human rights of all migrants, OHCHR.
5. Nationality and Statelessness, A Handbook for Parliamentarians, published by the Inter Parliamentary Union with the
United Nations High Commissioner for Refugees, 2005
6. https://www.right2info.org/constitutional-protections

Gujarat University, Ahmedabad 37


LAW 506 J: Problem, Protection and Enforcement of Human Rights 4 Credits
Objectives of the Course:
The focus of this course is to develop an understanding about the enforcement mechanism for Human Rights protection. A
reading of fundamental rights and duties in the Constitution of India reveals that they constitute the human rights charter in
India. There are a number of cases where courts apply the provisions of the international conventions to fill the gaps in
legislation. The apex court has also ventured to apply international convention even where there was no legislation in the
area. Thus, the judiciary has been directly implementing international conventions at the national level. Apart from
Judiciary there are numbers of organisation working for the purpose of Protection and Enforcement of Human Rights.
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Course Outcome: After completion of the course the student will be able to:
CO1: An understand some specific societal problem of Human Rights violation against weaker sections and legislative
provisions for their protection and Explain the constitutional vision of social justice
CO2: Conceptualize the scope of whistle blowing in constitutional governance and describe the merits and demerits of
the decision-making institutions and distinguish the working of Courts and Tribunals.
CO3: Explain the judicial, legal and administrative issues involving the access to justice as human rights.
CO4: Student will be able to analyse and identify state obligation to the promotion and protection of human rights under
the United Nations Charter at national level with its mechanism and Role of NGO and education of Human rights.
CO5: Familiarising students with the judicial activism in protecting human rights and enables them to evaluate the
adequacy of the methods of enforcement.
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Course Content:
1. Societal Problems and Status of Human Rights
1.1 Indian Society: Social Structure, Social Inequality, Caste Hierarchy
1.2 Core problems: Poverty, illiteracy, Custodial violence
1.3 Some Specific Problems of violation in public domain
1.3.1 Communal and Caste conflicts, State, landlords, employers, etc.
1.3.2 Discrimination on Basis of Cast, Social, Cultural, Political and Economic
1.4 Violations in private domain: Within the Family, by Dominant
2. Problems of Human Rights Enforcement in India
2.1 The Directive Principles of State Policy: The Question of Effectiveness and Enforcement
2.2 Fundamental Rights and Repressive Laws: Preventive Detention, MISA, TADA & POTA,
Armed Forces (Special Powers) Act, National Security Act and Criminal Law Amendment etc.
2.3 Legislation for the Weaker Sections: The Question of Enforcement
2.4 Social prejudices against Caste, Women, Minorities etc.
3. Human Rights Protective Mechanism at Global Level
3.1 UN General Assembly and UN Security Council,
3.2 UN and United Nations High Commissioner for Human Rights (OHCHR)
3.3 ECOSOC - United Nations Commission on Human Rights(UNCHR) (up to 2006) & United
Nations Human Rights Council(UNHRC),
3.4 United Nations Human Rights Committee under the ICCPR
3.5 International Court of Justice (ICJ) & International Criminal Court (ICC)
3.6 ILO Declaration on Fundamental Principles and Rights at Work
4. Constitutional Governance and Human Rights Protection
4.1 Constitutional provision: Legislature, Executive, Judiciary
4.2 Constitutional Remedies: Articles 51, 253 with 246, PIL (Art. 32 & 226)
4.3 Tribunals: (Article 323 - A & B) Administrative Tribunals, NGT, Water Disputes Tribunal etc.
4.4 Role of Judiciary through Land mark Judgements - PIL
5. Institutional Frameworks for Human Rights Enforcement in India
5.1 National Specialized Agencies: Law Commission, SC/ST Commission, Minorities Commission,
Women’s Commission, Child Right Commission and Human Rights Commission
5.2 Professional Councils: Press, Medical, Bar
5.3 NGOs, Social movements and various pressure groups
5.4 Human Rights Education: Problems and Prospects. Cont. …….

Gujarat University, Ahmedabad 38


LAW 506 J: Problem, Protection and Enforcement of Human Rights

References:

1. Bhagwati, P.N., Legal Aid as Human Rights (Dharwad: Jagrut Bharut, 1985). Bhargava, G.S. and
2. R.M.Pal, ed., Human Rights of Dalits: Societal Violation (New Delhi: Gyan Publishing House, 2000).
3. Bhatia, K.L. and others, Social Justice of Dr. B.R. Ambedkar (New Delhi: Deep and Deep, 1995).
4. Borgohain, Bani, Human Rights: Social Justice and Political Change (New Delhi: Kanishka Publishers, 1999).
5. Chandra, Shailja, Justice V.R. Krishna Iyer on Fundamental Rights and Directive Principles (New Delhi: Deep and
Deep, 1998).
6. (2003) Human Rights: International protection monitoring, enforcement (Paris: UNESCO Publishing).
7. D.D.Basu, Human Rights in Indian Constitutional Law, (1994).
8. Vijay Chitnis, (et.al.). Human Rights and the Law. National and Global Perspectives, (1997).
9. B.P.Singh Seghal, Law, Judiciary and Justice in India, (1993).
10. James Vadakkumchery, Human Rights and the Politics in India, (1996).
11. D.R.Saxena, Tribals and the Law, (1997).
12. Poornima Advani, Indian Judiciaty: A Tribute, (1997).
13. Justice Venkataramiah, Human Rights in the Changing World, (1998)
14. Rekha Singh & Bhavesh Bharad’s Bharatiya Nyaya Sanhita, 2023, Supriya Publication
15. Bhavesh Bharad & Rekha Singh’s New Criminal Major Act, Supriya Publication
16. Paramjit S.Jaiswal and Neshtha Jaiswal, Human Rights and the Law, (1996).

Gujarat University, Ahmedabad 39


Semester - IV
1. LAW 507 PR: Class Room Teaching
2. LAW 508 PR: Doctrinal Research
3. LAW 509 PR: Non-Doctrinal Research
4. LAW 510 PR: Clinical Research Report
5. LAW 511 PT: Dissertation, Submission of Thesis & Viva-Voce

Gujarat University, Ahmedabad 40


Semester - IV
LAW 507 PR: Class Room Teaching 4 Credits
Objectives of the Course:
It is quite evident that a scholar pursuing master degree may choose his career either as a teacher or as a researcher. In both
the cases it becomes inevitable to inculcate teaching ability and aptitude among the students. With this objective this course
has been introduced in the curriculum.
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Course Outcome: After completion of the course the student will be able to:
CO1: The students after completion of their master degree will be well equipped with teaching styles, teaching
objectives and teaching methods.
CO2: Students can assist departments and program to think about their curriculums. When outcomes are defined,
departments can map the outcomes onto the courses that they teach to identify areas within the program where
outcomes may overlap (or otherwise be redundant) or where gaps may exist.
CO3: Allow instructors to indicate what knowledge, skills and abilities students are expected to have mastered at the end
of their course allow them to communicate expectations to students.
C04: Provide students with a way to articulate the knowledge and abilities that they have gained and to express what
they know to others.
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Content:

Each student will be assigning two topics in advance to deliver class room teaching. Topic should be
on from the area of specialization chosen topic or issue from the subjects taught in the last three
semesters. Each class will be of 60 minutes by selecting any methods of teaching relating to Law and
shall be assessed according to his/her performance.

Gujarat University, Ahmedabad 41


Semester - IV
LAW 508 PR: Doctrinal Research 4 Credits
Objectives of the Course:
Each student has to submit a doctrinal research work on the basis of the doctrinal research method taught in the legal
research methodology by collecting secondary data from various sources collating with legal issues.
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Course Outcome: After completion of the course the student will be able to:
CO1: This subject will help the students to enhance their research, analytical and writing skills.
CO2: Student could improve their analytical and cognitive abilities
CO3: It will help student to use available published information for research work.
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Content:
 The doctrinal research, is concerned with analysis of the legal doctrine and how it has been developed and
applied” and these types of research known “as pure theoretical research” or “typical legal research”.
 Doctrinal research typically involves source-based research (Secondary Data) and it would be unusual to
undertake qualitative or quantitative research under the doctrinal methodology.
 The doctrinal legal research method involves an analysis of legal propositions or legal concept is the main
base of the studies. However, the legal propositions from enactments, administrative rules and regulation,
cases law of courts, statutes and other legal sources etc. can be a part of doctrinal legal research.
 Despite this, it is not impossible to exclude doctrinal analysis from other methods. For example, used
qualitative methods to analyse the language and language use of statutes. (Whilst the project had other,
non-doctrinal goals, the aim to analyse statute language use is a function of doctrinal research).
Tools of doctrinal Research:
1. Statutory materials.
2. Reports of Committees.
3. Legal history.
4. Judgments.
5. Case Reports.
6. Case and Digest
7. Conference Proceedings
8. Online available information
9. Any information which is already published

Steps in Doctrinal Research Report:


1. Introduction (context and general background)
2. Statement of research problem.
3. Objectives
4. Literature review
5. Hypotheses/research question.
6. Data Collection (Identification of material and cases etc.
7. Discussion (Critical commentary by examining the objectives and hypotheses and deriving inferences)
8. Conclusions/Recommendations
9. Bibliography
10. Appendix

The Doctrinal Research must comply with the following format:


1. Size of paper: A4.
2. Margins: Top: 1”, Left: 1.5”, Right: 1” and Bottom: 1”.
3. Paper quality: Normal Paper.
4. Printing: printing on both sides only with 1.5 line spacing.
5. Font: Times New Roman.
6. Title / Top and Inner first pages: Title of Project Report.
7. Declaration by the Scholar.
8. List of Cases
9. Table of contents.

Gujarat University, Ahmedabad 42


Semester - IV
LAW 509 PR: Non-Doctrinal Research 4 Credits
Objectives of the Course:
Each student has to submit a non-doctrinal research on the basis of the non-doctrinal research method taught in the legal
research methodology by collecting primary data using various methods of data collection from various sources collating
with legal issues.
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Course Outcome: After completion of the course the student will be able to:
CO1: To understand the importance of Socio Legal Research
CO2: To understand the important aspects of Doctrinal and non-doctrinal
CO3: To understand the Relevance of empirical research
CO4: To understand the difference between Induction and deduction
CO5: Learn various methods of primary data collection such as questioner method, interview method, sampling method.
CO6: Learn the Tabulation of collected primary data
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Content:
 The Non-doctrinal research is carried on by collecting or gathering information by first hand study
of the subject, it relies on experience or observation without due regard to any theory or system and
hence it is also called as experimental type of research.
 In Non-doctrinal research, the researcher attempts to investigate effect or impact by actual
examination or observation of the functioning of law and legal institutions in the society.
 Non-doctrinal research, also known as social-legal research, is research that employs methods taken
from other disciplines to generate empirical data that answers research questions. It can be a
problem, policy, or a reform of the existing law.
 A legal non-doctrinal finding can be qualitative or quantitative, and a dogmatic non-doctrinal
finding can be part of a large-scale project.
 The non-doctrinal approach allows the researcher to conduct research that analyses the law from the
perspective of other science disciplines, and to employ those disciplines in drafting the law.
 This study combines both primary / secondary research methods.
 Thus, gathering and analysing the data will be done on the basis of literature review, magazine,
journals, articles, newspaper, law books, news on web portal, survey, questionnaire etc.
Steps in Non-Doctrinal Research:
1. Introduction (context and general background)
2. Statement of research problem.
3. Objectives
4. Literature review
5. Hypotheses / research question.
6. Data Collection/ Survey
7. Data analysis
8. Discussion (Critical commentary by examining the objectives and hypotheses – this part can be divided into Chapters)
9. Conclusions / Recommendations
10. Bibliography
11. Appendix
The Non-Doctrinal Research must comply with the following format:
1. Size of paper: A4.
2. Margins: Top: 1”, Left: 1.5”, Right: 1” and Bottom: 1”.
3. Paper quality: Normal Paper.
4. Printing: printing on both sides only with 1.5 line spacing.
5. Font: Times New Roman.
6. Title / Top and Inner first pages: Title of Project Report.
7. Declaration by the Scholar.
8. Others papers
9. Table of contents.

Gujarat University, Ahmedabad 43


Semester - IV
LAW 510 PR: Clinical Research Report 4 Credits
Objectives of the Course:
Each Student are encouraged not only to work with the clinic but also to acquaint themselves with court proceedings,
working of NGO, tackling of Human Rights disputes, or other deeds and with public interest litigation.
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Course Outcome: After completion of the course the student will be able to:
CO1: This subject will help the students to acquaint with analyse the practical approach dealt by different institute.
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Note:
As a part of clinical research each student has to visit for 10 working days in two different Legal
Institutions / NGO to each to understand the functioning of these institutions and its relation with the
Human rights and society related issues at large and has to submit a report for evaluation.

Steps are required to follow in Clinical Research Report:


1. Certificate issued by Institution
2. Summary of Report
3. Table of Content
4. Introduction of visited institution
5. Constitution of Institution
6. Functions
7. Work areas
8. Contribution
9. Analysis
10. Conclusion.

The Clinical Research Report must comply with the following format:
1. Size of paper: A4.
2. Margins: Top: 1”, Left: 1.5”, Right: 1” and Bottom: 1”.
3. Paper quality: Normal Paper.
4. Printing: printing on both sides only with 1.5 line spacing.
5. Font: Times New Roman.
6. Title / Top and Inner first pages: Title of Clinical Research Report.
7. Declaration by the Scholar.
8. If Photographs available

Gujarat University, Ahmedabad 44


Semester – IV
LAW 511 PT: Dissertation, Submission of Thesis & Viva-Voce 8 Credits
Objectives of the Course:
Developing research tempore is quintessence of lawyering. This course is designed to test the research skill and aptitude of
the students and their analytical skills on various current challenges of law and society. It is aimed at enabling the students
to hone their skills as a researcher that would be of immense help to them in their career.
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Course Outcome: This subject will help the students to enhance their research, analytical and writing skills.
CO1: This subject will help the students to enhance their research, analytical and writing skills.
CO2: Student could improve your analytical and cognitive abilities
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Content:
This course is a research oriented. Every student has to carry out Dissertation should be on topics from the area
of specialization chosen topic or issue from the subjects taught in the last three semesters and approved by the
Departmental Committee. The dissertation is expected to be an in depth and critical/analytical/comparative
analysis of a legal problem of contemporary significance in the field chosen by the candidate and must
incorporate copious reference to judicial decisions, articles and books relevant to the topic in the form of
footnotes and bibliographical references, Typed and bound dissertations shall be of uniform pattern with
applying Legal Research Methodology which is to be submitted for evaluation internally and externally has to
appear for viva-voce.

1. Students are required to follow the STEPS given below for preparation of Dissertation:
 Title of the study
 Objectives of the study / Significance & Utility of the Study
 Research Problem/ Problem of the study
 Objectives of the study
 Hypothesis
 Review of Literature
 Operational concepts and variables of the study
 Research Design: a) Nature/ Type of the study b) Method of data collection c) Sources of data
Collection
 Limitations of the study
 Possible contribution of the study
 Chapterization / Scheme of the Study

2. LL.M students are required to follow the following STRUCTURE for Dissertation:
 Cover
 Cover Page
 Acknowledgement
 Declaration Certificate by Candidate
 Certificate
 List of Case Laws
 List of Tables
 Abbreviations
 Contents
 Chapter I: Introduction (Theoretical Background and Research Methodology)
 Chapter II to V
 Chapter VI: Conclusions (Major Findings and Suggestion)
 Bibliography (Books, Journals, Newspapers, Websites, Research Reports, Magazines etc.)
 Annexures (Interview Schedules, Questionnaires, Master Charts, Acts, Bills, Maps etc.)

Gujarat University, Ahmedabad 45

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