LLD Theses

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    On Unsoundness State of Mind in Matrimonial Law in India with Specific Reference to The Hindu Marriage Act 1955
    (National Law School of India University, 2024) Mundkur, Aarti
    This doctoral dissertation investigates the legal production of “unsoundness of mind” as a ground for divorce under the Hindu Marriage Act, 1955 (HMA), analysing its development from before the 1976 amendment to the present day. The study highlights the significant shift brought about by the amendment, which introduced “mental disorder” as a distinct ground for divorce alongside incurable unsoundness of mind. Prior to 1976, unsoundness of mind primarily included idiocy and lunacy, with the continuous existence of such a condition for three years being sufficient for divorce. The amendment also added the condition that the petitioner cannot reasonably be expected to live with the respondent in cases of mental disorder and specifically named schizophrenia as an example of a mental disorder. The research reveals that post-1976, litigation has largely shifted towards invoking “mental disorder,” likely due to its alignment with medical terminology and the increased reliance on medical evidence to establish grounds for divorce. The study also examines how state of mind is presented in court, noting the formulaic patriarchal narratives employed by husbands alleging their wives’ “insanity,” often centred on the non-performance of patriarchal matrimonial obligations. Conversely, wives often defend themselves by emphasizing their willingness and ability to fulfil these obligations. The research critically analyses the special status of schizophrenia in matrimonial litigation due to its explicit mention in the HMA, arguing that this has led to its demonization. Furthermore, it examines the courts’ interpretation of the phrase “cannot be reasonably expected to live with the respondent,” finding that it is often equated with the ability to perform matrimonial obligations. The study proposes several legal reforms, including adopting the language of “mental illness,” removing the specific mention of schizophrenia, and shifting the focus of adjudication away from the performance of matrimonial obligations towards the severity of the mental illness at the time of filing the petition. Ultimately, the research provides a nuanced understanding of the legal and social complexities surrounding unsoundness of mind as a ground for divorce in India.
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    An Analysis of the Direct Price Control Policies of Medicines and Its Impact on Accessibility A Closer Look Into Anti Cancer Drugs
    (National Law School of India University, 2025) Stephen, Sanitta Maria
    Access to medicines is an essential component of the right to health, yet the affordability of these medicines, particularly the life-saving drugs for cancer, remains a global problem. In India, due to problems like low insurance, minimal public pharmaceutical research involvement and various other factors, the health inequity persists. In response to addressing the problem, the Indian government has been relying on the NPPA-administered DPCO (Drug Price Control Order) for a long time and, to a very limited extent, on TMR (Trade Margin Rationalisation). This research critically examines the impact of these direct price control mechanisms for reducing the inequity gap particularly in anti-cancer drugs. newline The study begins by exploring the regulatory landscape of price control in India. It examines the history as well as the involvement and working of various ministries and institutions in the drug price regulation. It highlights the judicial take on price control and how it helped in reducing healthy equity. The study then presents a data analysis of affordability of cancer drugs in India. This is presented as an evidence for the further comparative and legal analysis. The comparative study from various jurisdictions illustrate the diverse price regulatory mechanism. It underlines the lessons that India can customise and adopt into policy framework. The analysis part discusses the challenges and hurdles in implementation of intellectual property flexibilities as well as critical examination of current pricing policy in a legal perspective. newline
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    Juristic Aspects of E-Commerce - With Specific Reference to Taxation
    (National Law School Of India University, 2016-07) Sudha, P Sree
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    DEEP SEABED MINING UNDER THE LAW OF THE SEA CONVENTION, 1982 WITH SPECIAL REFERENCE TO THE INTERESTS OF DEVELOLPING COUNTRIES
    (National Law School Of India University, 1999-04-12) Rehman, Habibur
    This is a research work carried out independently on the topic "Deep Seabed Mining Under the Law of the Sea Convention :1982 with special reference to the interests of developing countries” ‘Deep seabed’ ' signifies the "seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction", conventionally known as "Area" and exploration for and exploitation of all mineral resources" is conventionally known as "activities in the Area". An attempt has been made to examine the international legal regime governing deep seabed mining in nine chapters, critically analysing the interests of developing countries specifically. Chapter I makes an acquaintance with the introductory approach of the study. Chapter II investigates the historical background of res nullius and res communis concepts and assesses freedom of the high seas as adopted in UNCLOS I not applicable specifically to the deep seabed mining. The legal regime on deep seabed and its resources remained in vacuum and in 1967 substantial success was achieved with the adoption of the common heritage of mankind resolution in the General Assembly. The LOS convention of UNCLOS III, relating to the Area and its resources in Part XI, has been analyzed in various perspectives to the interests of developing countries. Chapter III seeks out scientific data and capabilities with regard to activities to be carried out in the Area and its resources and identifies which of the part of the Area are to be concerned for the mining. The study envisages the aftermath of the deep seabed mining as to whether and to what extent it will affect the land-based producer states and other matters related as well. Chapter IV delves into insight about the Area and the Seabed Authority as well as its different organs. Dealing with the settlement of disputes machineries, an analysis has been made on transfer of technology enabling the developing countries to participate effectively in the mining. Chapter V speaks out about the illegality of deep seabed mining enactments passed by certain industrialized states in the prevalence of the LOS Convention. It has been stressed that national enactments in consideration of the Convention together with its entry into force since 16 November 1994 should be withdrawn, thus, promoting a universal regime on the deep seabed and its resources. Chapter VI discusses the arrangements accomplished by PrepCom towards registration of several governments of States as pioneer investors enabling activities in the Area to be carried out under the Convention. Chapter VII examines AgRellmplePart XI LOS Convention provisions, justifying it for the success in bringing opponents like the United States and its allies to the Convention as its parties. Evaluation has been made about the impact of AgRelimplePartXILOS Convention in different perspectives. Chapter VIII envisages future projections about probable problems that might arise out of the deep seabed mining. Conclusion has been drawn in chapter IX. As to the findings of the research it has been emphasised that the interests of developing countries in the deep seabed mining have not enhanced significantly under the United Nations Convention on the Law of the Sea, 1982, but legally and specifically, they can consider themselves to be secured in their position that no state or entity can proceed for appropriating the Area and its resources.
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    CONSTITUTIONAL POSITION OF THE PRESIDENT OF INDIA­ - A CRITICAL STUDY
    (National Law School Of India University, 2014-11-26) Malik, Lokendra
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    A Critical Study of the Laws Relating to Non Profit Voluntary Organisations in India
    (National Law School Of India University, 2016-06-10) Bhat P, Ishwar
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    Techno Legal Issues of Digital Signature: A Proposal for Legal Framework.
    (National Law School Of India University, 2007-08-06) S.C.Sharma, S.C.Sharma
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    Contract Management in Defence Contracts with Specific Reference to Indian Defence Public Sector Undertakings
    (National Law School of India University, 2018) Mishra, Ashok Kumar