LLD Theses

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Start date: 2020

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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