Papers by Raj Kumar Yadav
Yu wine, a traditional alcoholic beverage of Manipur, India, is a cornerstone of the Meitei commu... more Yu wine, a traditional alcoholic beverage of Manipur, India, is a cornerstone of the Meitei communityʹs cultural, historical, and economic fabric. This paper explores the ancient origins of Yu wine, tracing its use in rituals, traditional medicine, and social gatherings, while highlighting its production techniques rooted in traditional knowledge. The study examines the beverageʹs cultural significance as a symbol of ethnic identity and its economic role in supporting livelihoods, particularly among women and rural households. Additionally, it addresses the legal frameworks surrounding Yu wine, including challenges in registering it under the Geographical Indication of Goods Act, 1999, and potential benefits of trademark and GI protection under international agreements like TRIPS and the Lisbon Agreement. The paper also discusses the medicinal properties of Yu wine, its environmental and socioeconomic impacts, and the need for sustainable practices and legal reforms to preserve its heritage and enhance its global marketability. By integrating traditional knowledge with modern advancements, Yu wine holds significant potential for cultural preservation and economic development in Manipur.
This research paper examines the multifaceted legal, ethical, and industry-specific dimensions of... more This research paper examines the multifaceted legal, ethical, and industry-specific dimensions of disclosing trade secrets by whistleblowers across various jurisdictions, with a comparative historical analysis of trade secret evolution in ancient Indian texts. It explores legal frameworks in the European Union, United States, Ukraine, and Nigeria, highlighting protections and gaps for whistleblowers under laws such as the EU Whistleblowing Directive and the U.S. Defend Trade Secrets Act. The paper delves into motivations driving whistleblowers, ethical dilemmas balancing public interest and proprietary rights, and industry-specific challenges, particularly in the extractive and technology sectors. Additionally, it traces the historical development of trade secrets in ancient Indian texts like the Arthashastra and Manusmriti, analyzing their implications for commerce, social structures, and cultural norms, with comparisons to other ancient civilizations. Key trade secret case studies, such as DuPont v. Christopher and Pepsico v. Redmond, underscore evolving legal doctrines. The paper also addresses contemporary challenges in protecting trade secrets in the health and food industries amidst digitalization and reverse engineering. It concludes with recommendations for harmonizing legal protections to foster transparency while safeguarding innovation.
This research paper examines the legal and ethical ramifications of shouting at a colleague or an... more This research paper examines the legal and ethical ramifications of shouting at a colleague or any individual, including marginalized groups, in a workplace setting. It explores various legal frameworks, including anti-bullying, harassment, and occupational safety laws across jurisdictions like the United States, Canada, Europe, Australia, the Czech Republic, and India, with a focus on the Indian Penal Code and the Sexual Harassment of Women at Workplace Act, 2013. The paper highlights the moral right to live with dignity, emphasizing that no one has the right to shout at another person, whether a colleague or a ragpicker, and that individuals, such as ragpickers, have the right to assert, "I am doing my job; what is your right to shout at me?" Jurisdictional differences, workplace policies, and the psychological and social impacts of verbal abuse are analyzed, alongside the victim's right to a safe and respectful environment. The study underscores the need for robust legal protections, effective organizational policies, and cultural shifts to prevent verbal abuse and promote workplace dignity.
This research paper explores the multifaceted impact of legal aid clinics in India, emphasizing t... more This research paper explores the multifaceted impact of legal aid clinics in India, emphasizing their psychological and social contributions through the lens of placebo and nocebo effects. Legal aid clinics provide not only legal assistance but also psychological assurance, reducing stress and enhancing well-being among marginalized communities, akin to a placebo effect. Conversely, negative expectations can trigger a nocebo effect, undermining client satisfaction and service effectiveness. The paper examines the constitutional and statutory frameworks, including Articles 14, 21, and 39A of the Indian Constitution and the Legal Services Authorities Act, 1987, which underpin legal aid initiatives. It also highlights the role of clinical legal education (CLE) in fostering social justice and the challenges faced by legal aid clinics, such as resource constraints and lack of awareness. By integrating innovative approaches like the DISHA scheme and Lok Adalats, legal aid clinics bridge the justice gap, but systemic barriers necessitate ongoing reforms. This study underscores the need for positive communication strategies, enhanced funding, and technological integration to maximize the efficacy of legal aid services in promoting equitable access to justice.
The irretrievable breakdown of marriage (IBM) represents a significant shift in marital dissoluti... more The irretrievable breakdown of marriage (IBM) represents a significant shift in marital dissolution laws, promoting individual autonomy while introducing complex socioeconomic and psychological challenges, particularly for women and children. This paper examines the legal, economic, and social implications of IBM in India, Scotland, New Zealand, and Australia, highlighting the unique cultural and societal factors influencing marital stability in each region. In India, the lack of structured financial support post-divorce exacerbates economic vulnerabilities for women, compounded by societal stigma and psychological distress. In Scotland, communication breakdowns and societal pressures contribute to marital dissolution, while in New Zealand, cultural and economic stressors, including interracial dynamics and immigration, play significant roles. In Australia, socioeconomic factors such as education and age at marriage influence divorce rates, with women often initiating separations. The psychological effects on children are profound across these regions, with increased risks of anxiety, depression, and relational challenges linked to family breakdown. The paper underscores the need for comprehensive legal reforms to ensure equitable asset distribution and robust support systems to mitigate the adverse impacts on women and children, advocating for culturally sensitive interventions to address these global challenges.
This paper explores the stagnation in clinical legal education (CLE) within Indian law schools, w... more This paper explores the stagnation in clinical legal education (CLE) within Indian law schools, which primarily focus on legal aid clinics, prison visits, and awareness camps. It proposes a transformative approach by integrating corporate social responsibility (CSR) to enhance the pragmatic, experiential, and efficacious nature of CLE. By fostering industrial collaborations and leveraging CSR funds, law schools can address funding shortages, improve infrastructure, and introduce modern tools like AI-based simulation labs. CSR can support faculty upskilling, internship programs, and job opportunities for law graduates, aligning CLE with contemporary legal and industrial demands. The study advocates for a synergy between CSR and CLE to elevate the quality of legal education and employability of graduates. The authors argue that the conventional approach to CLE needs to be altered to revolutionize its rationale. By integrating CSR, law schools can make CLE more pragmatic, experiential, and efficacious. Companies under CSR schemes can adopt jurisdictional law schools and provide funds for upskilling faculties and learners, building worldclass law libraries, apprenticeship programs, internship programs, and providing jobs to law graduates. CSR has colossal potential to expand the scope of CLE.
This research paper explores the transformative potential of clinical legal education and trial a... more This research paper explores the transformative potential of clinical legal education and trial advocacy in reshaping Indian legal education to meet the demands of a dynamic legal system. By bridging theoretical knowledge with practical application, clinical legal education equips students with essential lawyering skills, ethical competencies, and a commitment to social justice. The paper examines the historical evolution of legal education in India, from colonial rote-based learning to modern experiential models driven by National Law Universities and Bar Council of India reforms. It highlights the critical role of trial advocacy in preparing students for courtroom practice within India's complex, multilingual, and hierarchical legal framework. The study addresses challenges such as resource constraints, inconsistent implementation, and cultural barriers, proposing strategies like faculty development, regulatory reforms, and community-integrated clinics. Through Kolb's experiential learning model and adult learning theories, the paper underscores how reflective practice and real-client engagement foster professional identity and access to justice. Tailored to India's unique socio-legal context, this approach aims to produce competent, ethical lawyers capable of addressing systemic inequalities and advancing judicial efficiency.
The Aranmula Kanadi, a handcrafted metal mirror from Kerala, India, stands as a multifaceted symb... more The Aranmula Kanadi, a handcrafted metal mirror from Kerala, India, stands as a multifaceted symbol of cultural identity, spiritual significance, and artisanal excellence. Unlike conventional glass mirrors, it is crafted from a high-tin bronze alloy (Cu₃₁Sn₈) using secret traditional techniques passed down through generations. This paper explores the cultural, religious, and metallurgical dimensions of Aranmula Kanadi, analyzing its role in the preservation of traditional knowledge, community identity, and rural livelihoods. Special attention is given to the impact of its Geographical Indication (GI) registration, which enhances its marketability, fosters economic resilience, and reinforces cultural continuity. Additionally, the paper discusses sustainability prospects by examining the eco-friendly production methods and potential integration with modern technologies. Challenges such as globalization, resource scarcity, and commercialization are also critically evaluated. The study concludes with a call for policy support, innovation, and documentation to safeguard this unique tradition for future generations.
Women Protection Cells (WPCs) in India, established to combat gender-based violence, have evolved... more Women Protection Cells (WPCs) in India, established to combat gender-based violence, have evolved since their inception in 1984 to provide critical support to women facing domestic violence and related crimes. These specialized units within police stations offer counselling, legal assistance, and community engagement to create a gender-sensitive environment for reporting crimes. While WPCs have increased reporting rates and improved police responsiveness, their effectiveness varies across regions due to systemic challenges such as inadequate funding, insufficient staffing, and patriarchal attitudes within law enforcement and society. Judicial developments, including the Protection of Women from Domestic Violence Act (PWDVA) of 2005, have strengthened their legal framework, but implementation gaps and cultural barriers persist. This paper examines the historical development, operational structure, regional variations, and impact of WPCs, highlighting their role in empowering women and the need for technological integration, legal reforms, and societal changes to enhance their effectiveness.
India's liquor industry has grown significantly, boosting the economy and creating jobs opportuni... more India's liquor industry has grown significantly, boosting the economy and creating jobs opportunities. However, this growth has also led to significant health and environmental impacts. The study explores the relationship between liquor factories and social welfare in India, focusing on consumption patterns, health hazard, and environmental effects. It highlights the need for strict safety precautions and effective pollution management strategies. The industry generates large volumes of waste and contaminates air and water, necessitating stringent regulations and pollution management strategies. The narrative emphasizes the importance of addressing public health, environmental conservation, and social advancement simultaneously. This research will pave the way for future research to assess the effectiveness of policy interventions and sustainable habits. The narrative concludes that collaboration, responsibility, and unwavering pursuit of the common good are necessary for the liquor industry to balance economic growth and social welfare. All parties involved must collaborate, accept responsibility, and remain unwavering in pursuing the common good.
Outer Space Security: A Critical Analysis of Legal Framework
Social Science Research Network, 2021
A Socio-Legal Analysis of WhatsApp Privacy Policy 2021 in India: A Contemporary Study
Social Science Research Network, 2021
A vast majority of social networking sites seem to have inculcated prejudice against users’ priva... more A vast majority of social networking sites seem to have inculcated prejudice against users’ privacy, whether it’s in the form of unreasonable default settings, insufficient privacy controls, data retention, third party abuse, or a unilateral right to amend privacy policies. Their attempt is probably to acquire a large and irrevocable right of ownership over a user's information and equivalent for vested company interests like advertising. The chance of data aggregation further poses many real threats to the privacy of users. In contrast, corporations like Facebook and WhatsApp are increasingly seen turning a blind eye to such issues or shrugging them off as unreasonable and unrealistic. But this is pretty standard practice as far as most companies go. Almost all companies update their privacy policies at some point or the other, and to continue using that, users have to accept these. WhatsApp has updated its privacy policy, and it will cause more concern because it brings deeper integration with Facebook, its parent company, and its different treatment between Indian users and their users in the European Union (EU). This paper analyses that the WhatsApp new privacy policy, 2021 qualify for being a standard form of contract because the user has no ability, chance, and/or expertise to negotiate a lot of favorable terms with the corporation and is consequently placed in a 'take it or leave it' approach in India.
Competition Law in New Economy
This book is based on the proceedings of the National Seminar organized by the University on this... more This book is based on the proceedings of the National Seminar organized by the University on this subject on April 23, 2016. The select papers on different topics relating to the theme, contributed by academicians representing various reputed institutions have been included in the book. The book is an attempt to publish papers relating to new competition regime, its scope, ambit and various dimensions in the present era of globalization. Competition law has grown at an incredible rate in recent years in response to the vast changes in economic scenario that have taken place around the world. In this era of globalization, there are various laws which are not only of national importance but rather they require international perspective. The Competition Law is one of such laws and this legislation gained importance in India, when at the advent 21st of century economic globalization was at its full momentum. Introduction of the Competition Act, 2002 was a key step towards India facing competition both from within the country and from international players. The objective of the Act, as stated in the preamble, is basically to provide for economic development of the country and for this purpose to establish a Commission which can prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets.
Social Science Research Network, 2016
Social Science Research Network, 2014
Like any other country, the problem of recidivism has reached alarming dimensions in India in rec... more Like any other country, the problem of recidivism has reached alarming dimensions in India in recent years. The available statistics on recidivism in India indicate a wide fluctuation in different States. Significantly, the percentages of recidivism has shown a declining trend during 1998 but have increased in the preceding three years (2004). The proportion of recidivism has come down from 8.2 in 1993 to 7.7 per cent in 1998 and 10.4 percent in 2004 to 8.9 per cent in 2005. Out of the total recidivists for the year 1998, about 73.4 per cent were those convicted once in the past, 18.1 per cent were convicted twice, while 8.5 per cent were habitual offenders who were arrested thrice or more. 2 The State, UT and City-wise number of recidivists (past offenders) under IPC crimes during 2004. The share of recidivists among all offenders has marginally increased to 10.4 per cent during 2004 as compared to 7.7 per cent during 2003. However, in absolute terms, the number of past offenders involved in repeating IPC crimes during 2004 was 2,78,004 as compared to 1,94,430 during 2003 accounting for a substantial increase of 43% over 2003. Among States, Kerala has reported the highest recidivism (43.2%) Out of total arrestees (26,60,910), there were as many as 89.6% (23,82,906) new offenders, 8.3% (2,19,691) were convicted once in the past, whereas only 1.7% (44,458) were convicted twice and 0.5% (13,855) were convicted three times or more during 2004. Out of the total recidivists (2,78,004) during 2004, 79.0 per cent (2,19,691) were those convicted once in the past, 16.0 per cent (44,458) were convicted twice, while 5.0 per cent (13,855) were habitual offenders i.e., they were convicted thrice or more in the past. In the cities of Delhi, Hyderabad and Bhopal, Police had a large number (1132, 606 and 512 respectively) of 'Habitual Offenders' (convicted thrice or more in the past) to handle.
Clinical Legal Education in India: A Study of Pragmatic Approach
Legal Education is different from all the subjects and there is different method is used of teach... more Legal Education is different from all the subjects and there is different method is used of teaching of law that is why it is called as clinical legal education and it includes debate, moot court participation, case study, group discussion and legal aid, etc. In India provision of legal aid for poor have been incorporated by the legislature through National Legal Services Authority Act, 1987 but in reality the approach is failed and all persons are not able to have recourse of Legal aid for proper justice.
Innocent Divorcees: A Socio-Legal Study
In India it has been seen high rise in divorces and one party has to suffer when he or she is not... more In India it has been seen high rise in divorces and one party has to suffer when he or she is not at fault then it seems impossible to recover from the situation of bizarre or strange for him or her. The establishment of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each others fault to a certain bearable extent (which differs from person to person) has to be inherent in every marriage. Petty trivial issues objection, trifling differences should not be exaggerated and magnified to destroy, as in India marriages are considered to have been made in heaven. All quarrels must be weighed from that point of view in determining what constitute cruelty in each particular case and invariably keeping in view the physical and mental conditions of the parties, their character and social status. A too sensitive approach would be counter productive to the institution of marriage. The courts do not have to deal with the ideal husbands and ideal wives. It has to deal with the particular man or woman before it. Definition has been excerpted from the page No. 9 of 217 report of Law Commission of India, March 2009.
Gram Nyayalaya: A Participatory Forum of Justice in India
Gram Nyayalaya means - Justice delivery system established at local level on Gram/Village level. ... more Gram Nyayalaya means - Justice delivery system established at local level on Gram/Village level. According to the Gram Nyayalaya Act, 2008 section 2(a) Gram Nyayalaya is a court established under section 3(1). As many as 5067 Gram Nyayalayas will be set up in the country in the near future, Union Law Minister M. Veerappa Moily has publicly stated. The Law Commission’s 114th report submitted in 1986 focused on Gram Nyayalaya and highlighted cited the high backlog of cases as main factor leading to lack of access to justice. In India million of cases were pending in district and subordinate courts at the end of 2011. Participatory forum of Justice the term is devised by the Law Commission of India in its forwarding letter that it is to be established as envisioned by the Indian Constitution. Law Commission of India report has given stress in its working paper that family disputes relating to marriage, divorce, custody of children, inheritance and succession-share in property, maintenance, etc. must be resolved in taluka/tehsil courts. If any dispute arises it must be dealt on local level by panchayats, the term lex loci (Latin "the law of the place"). As scientifically suggested by the Law Commission of India that our legal system has ‘pyramidal structure’. Supreme court is the apex court. High court in the states and on district courts at district level at present we have flood of cases in our courts. To stop these all Gram Nyayalaya has been envisioned to finish the cases at threshold level which are petty in their nature.
Quashing and Cancellation of FIR in India: A Study of Legislative and Judicial Trends
Supreme Court and High court of India has power to quash a FIR which is frivolous in nature and t... more Supreme Court and High court of India has power to quash a FIR which is frivolous in nature and there is no need to pursue the case necessarily against the alleged person. The Apex court has to quash a FIR very cautiously and sparingly and has to see many reasons in the case for quashing an FIR. Inherent Powers are in Sec. 482 this section is to prevent abuse of the process of any court or otherwise to secure the ends of justice.In Nikhil Merchant V. Central Bureau Of Investigation & Anr. the Apex court held that High Court in exercise of its inherent powers can quash criminal proceedings or a FIR or complaint and Section 320 Cr.PC does not limit or affect the power of the High Court under Section 482 of the Code. In Manoj Sharma V. State & Ors. the Apex Court held that Where continuing with the proceeding would be a futility, quashing of FIR should not be refused.Quashment is also used for the phrase quashing of FIR. In certain cases if court find that it is not necessary to pursue the case further is needed court quash the proceedings and stop the frivolous proceedings. These Powers are imbibed in Section 482 of the code of Criminal Procedure.
Registration of First Information Reports In India: An Introduction
Social Science Research Network, 2012
In this paper I have discussed the meaning of First Information Report in India and its registrat... more In this paper I have discussed the meaning of First Information Report in India and its registration and related suggestions relating thereto.
Uploads
Papers by Raj Kumar Yadav