PhD Theses
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Item A study of experiential legal education in India(National Law School of India University, 2021) Mammen, Reha RoyItem Accelerated Water Sector Reforms in Karnataka and the Question of Democracy(National Law School of India University, 2016) Nanjaraje Urs., Mr. KshithijaAbstract Achieving 'good governance' has been the determined path of development since the late 1990s. This dominant discourse posits Iiberal democracy, capitalist mode of economic growth and human rights as being complimentary and mutually dependent and asserts that with the right alignment of institutions, the promotion of good governance wi!! strengthen the political voice of the civil society, empower the poor and make governance establishments more accountable. This perception portrays good governance as a theory that intended to go beyond the debilitating effects of the earlier structural adjustment agenda which emphasized pro-market reforms in the so called developing countries and takes a depoliticized approach towards restoring the sovereignty of the Global South and put them back on the development path. Because of this seemingly ethica! strength of the development discourse coupled with the apparent socio-economic sensibility, good governance has enriched the imagination of development theorists, international development agencies, policy-makers and NGOs alike and contributed to the reinvention of the global development industry. Finally, there appeared to be a convergence of the participatoiy development aspect of community projects of the 1980s and the 1990s and rights-based approach of movements seeking to strengthen the sense of agency of marginalized communities and influence wider decision-making processes. But there are reasons to suspect that the capacity of the discourse to promote participatory democracy, alleviate poverty and generate equitable growth has been highly inflated. Based on more than ten years of research and experiential learning on the effects of good governance based reforms on the urban water sector in Karnataka, this thesis demonstrates how the type of democracy that the discourse has promoted is not in the least emancipatory especially when it creates situations where people have rights they cannot exercise, participate within a preordained policy framework, vote without being able to make a change and a supposed political equality which conceals extremely unequal power relations. 8 Based on a combined methodology of critical ethnography and the anthropology of public policy, this thesis offers a crucial challenge to the contemporary hegemonic development discourse on how despite the assertion of good governan@, the deepening of democracy and the realization of human rights are not congruent with market oriented reforms. I highlight three aspects of the context on which urban water reforms in Karnataka have been premised to make my point. The first is to critically engage with the claim that good governance can promote both capitalistic economic growth and participatory democracy. This policy instruction makes it mandatory for democracy to organize a political consensus promoting capitalism if it has to be termed 'good'. The second is to describe how the reforms are constructed to insist that commercialization and privatization of water services, whether private or public, lead to realization of the right to water by the poor and empower them to exercise their client power to make service providers accountable, triggering a virtuous spiral of participatory democracy. The third aspect is to highlight how the dominance of the good governance discourse in the water sector is being resisted and to explore opportunities and limitations offered by this struggle between the ones with the power to reform and the ones with the power to resist, in the deepening of democracy and the emergence of new forms of water governance that is socially just, culturally sensitive, economically prudent and ecologically sustainable. April, 2015Item Access to Justice with special reference to victims of crimes in the Indian legal system(National Law School of India University, 2022) Surja Kanta BaladhikariThe present status of the victim in the Indian legal system is marginalised to that of a serving role before the stakeholders of the criminal justice system. The Uand#771;N Declaration of Basic Principles for Justice for Victims of Crime and Abuse of Power 1985 mandates four principles: access to justice and fair treatment, restitution, compensation, and assistance. It is crucial how the present principles have been incorporated by the countries of UK, USA and in the national laws of India for the protection of victims of acid attack, rape under IPC, 1860 and child victims of sexual crimes under POCSO Act, 2012. The research also undertakes to understand the implementation of the victim compensation scheme in India, which is one of the statutory rights for victims of crime. Further, the research aims to understand how victims of crime get their due justice in the State of West Bengal with reference to disposed of case records of courts and District Legal Service Authorities for the offences of rape, acid attack and POCSO. The research aims to critically analyse laws and judicial decisions in India to make them victim-friendly, which would help to become a survivor of crime where the stakeholders can provide rehabilitation to the victims of crime and limit victimisation. newline.Item Affirmative Action in Political Representation: Legal Framework and Electoral Methods in the Case of Scheduled Castes in India(National Law School of India University, 2011) Sekhar., Vundru RajaItem Alternative Dispute Resolution: Towards Evolving the Best Practices for the Indian Infrastructure Industry(National Law School Of India University, 2017) Siddhanagouda, Patil MaheshItem An Analysis of Rehabilitation and Reintegration for Children in Conflict with Law in the State of Delhi(National Law School of India University, 2020) Mishra, NehaJuvenile Justice Act 2015 does not define Rehabilitation or Social Reintegration (RandR), while the Act does delineate the process and services regarding the RandR, it falls short of determining how that has to be undertaken. Even the Model Rules do not give a complete clear mandate elaborating the institutional structure functioning to make the whole process of RandR effective not just in letter but also in spirit. The present thesis details the current process undertaken towards RandR within the institutional framework in the State of Delhi and analyses its efficacy keeping in mind the objective of the Act 2015. newlineItem Analysing the Latest Reforms in the Legal Framework with Respect to the Health Sector of India – A Study from the Perspective of Women’s Issues(National Law School of India University, 2018) Kaur, KirandeepItem An Analysis of Rehabilitation and Reintegration for Children in Conflict with Law in the State of Delhi(National Law School of India University, 2019-08-12) Mishra, NehaItem An Analysis of the Safeguard Measures Under GATT/WTO(National Law School of India University, 2009) Rai, SheelaItem Applicability of International Humanitarian Law Principles on Non-International Armed Conflicts with special reference to Northeast States in India: An Analysis(National Law School Of India University, 2019) Yadav, AnitaItem BANKING FRAUD IN CYBERSPACE: AN INDIAN LEGAL PERSPECTIVE(National Law School of India University, 2021-12-24) Dayma, DineshItem Centre-Staging International Human Rights, Humanitarian and Environmental Concerns in the Natural Disaster Management Legal Regime: An Evaluative Study(National Law School Of India University, 2017) Sarkar, SubhradiptaItem Changing Dynamics of the Regulatory Architecture for Financial Markets and Need for a Single Regulator: A Critical Study(National Law School of India University, 2015-07) Ravi, O.N.Item Combating Cartelization in India: "A Critical Study with Reference to the Indian Competition Act, 2002"(National Law School of India University, 2017) Mathews, Ann TressaItem A Comparative Study of Shops and Commercial Establishment Legislations in Different States of India – A need for National Legislation(National Law School Of India University, 2018-06-30) Ashok, Biraj SachinItem Compulsory Licensing with Reference to Health in Developing Countries(National Law School Of India University, 2018-07-25) Asok, AswathyItem The Constitutional Developments in India Through Judicial Process A Study.(National Law School of India University, 2006) K Bhakthavatsala,Item Constructing a Legal Framework on Surrogacy in India(National Law School of India University, Bangalore, Karnataka, India, 2018) Kusum, SonaliItem Constructing A Legal Framework on Surrogacy in India(National Law School of India University, 2018-11) Kusum, SonaliItem Conundrum of Transfer Pricing and Allied Issues(National Law School of India University, 2016) Chatterjee, Biswa Brata