Dr. Ram Manohar Lohiya

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3 Dr. Ram Manohar Lohiya National Law University Journal

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5 Dr. Ram Manohar Lohiya National Law University Journal Vol Cite this volume as 9 RMLNLUJ (2017) ISSN No (Peer Reviewed Journal) 2017

6 Price: Rs. 750 (Institution/Individual) Rs. 700 (Student/Law Teacher) Dr. Ram Manohar Lohiya National Law University Journal, 2017 (UGC Approved Journal S. No ) Dr. Ram Manohar Lohiya National Law University shall be the sole copyright owner of all the published materials. Apart from fair dealing for the purposes of research, private study or criticism, no part of this Journal may be copied, adapted or used in any form whatsoever without prior written permission from the University. The editors, publishers and printers do not claim any responsibility for the views expressed by the contributors and for the errors, if any, in the information contained in the Journal. The University shall in no way be responsible for any damage or loss in whatever manner, consequent to any action taken on the basis of the contents of the Journal, caused to any person, institution or organization. Published by: Dr. Ram Manohar Lohiya National Law University Lucknow LDA Colony, Kanpur Road Scheme Lucknow (Uttar Pradesh), India Phone : Fax : journal@rmlnlu.ac.in Website : Distributed exclusively by: Eastern Book Company 34, Lalbagh, Lucknow U.P., India Website: sales@ebc-india.com The views expressed by the contributors are personal and do not in any way represent the institution.

7 Dr. Ram Manohar Lohiya National Law University Journal Vol Editorial Committee Editor-in-Chief Prof. (Dr.) Sanjay Singh Acting Vice Chancellor Dr. Ram Manohar Lohiya National Law University, Lucknow Executive Editor Manwendra Kumar Tiwari Dr. Ram Manohar Lohiya National Law University, Lucknow Managing Editor Dr. Maneesh Kumar Bajpai Dr. Ram Manohar Lohiya National Law University, Lucknow

8 Editorial Advisory Boar d Justice A.K. Sikri Judge, Supreme Court of India Justice D. Y. Chandrachud Judge, Supreme Court of India Justice V. P. Vaish Judge, High Court of Meghalaya Dr. Rajeev Dhawan Senior Advocate, Supreme Court Prof. Ranbir Singh Vice-Chancellor, NLU, Delhi Prof. (Dr) Faizan Mustafa Vice-Chancellor, NALSAR University of Law, Hyderabad. Prof. P.S. Jaswal Vice-Chancellor, RGNUL, Punjab Journal Committee Manwendra Kumar Tiwari Assistant Professor, RMLNLU Ms. Priya Anuragini Assistant Professor, RMLNLU Dr. Maneesh Kumar Bajpai Dy. Librarian, RMLNLU

9 Table of Contents Article On Capital Punishment Prof. Faizan Mustafa & Yogesh Pratap Singh... 1 Collegium and Appointment of Judges at Supreme Court: Has Supreme Court Become Imperium in Imperio Abhishek Mishra Development and Participation under the New Land Acquisition Legislation: A Paradigm Shift or A Safety Valve Amita Punj Stem Cell Patents and Related Policy Issues in Biotechnological Research Manish Singh & Shambhavi Mishra Social Audit of Child Care Institutions (CCIs): Experiences from Uttar Pradesh Kumar Askand Pandey & Anurag Bhaskar The Challenges and Prospects of International Commercial Arbitration in India Prasenjit Kundu Critique of the Jurisprudential Case Against the Constitutional Socio-Economic Rights Manwendra Kumar Tiwari Human Right to Primary Education in India: Are We Achieving the Objective of RTE? A Study of Slum Children in the City of Ludhiana, Punjab Aman A. Cheema

10 Reasonable Accommodation of the Differently Abled Expanding The Horizons Towards More Meaningful Accommodation Aparna Singh & Ashna Singh K Role of TRIPS in Transfer of Environmentally Sound Technologies to Developing and Least Developed Countries Mohammad Umar A Critique of The Judicial Standards and Accountability Bill, 2012 Priyanka Majumdar Cyber Stalking and the Plight of Women in India - A Legal Perspective Archana Sarma Fostering Inclusive Growth Through A Thrust on Women Entrepreneurship Mitali Tiwari

11 form IV I. Statement about ownership and other particulars (See Rule 8) 1. Place of Publication : : Dr. R.M.L. National Law University Lucknow, L.D.A. Kanpur Road Scheme, Lucknow Periodicity of Publication : Yearly 3. Printer s Name : Registrar, Dr. R.M.L. National Law University Nationality : Indian Address : L.D.A. Kanpur Road Scheme, Lucknow Publisher s Name : Registrar, Dr. R.M.L. National Law University Nationality : Indian Address : L.D.A. Kanpur Road Scheme, Lucknow editor s name : prof. Sanjay Singh nationality : Indian address : dr. r.m.l. national law university, L.D.A. Kanpur Road Scheme, Lucknow Ownership : Dr. Ram Manohar Lohiya National Law University Lucknow, L.D.A., Kanpur Road Scheme, Lucknow I, Sanjay Singh, hereby declare that the particulars given above are true to the best of my knowledge and belief. Sd/- Sanjay Singh 2017

12 RMLNLU Law Journal II. Submission Guidelines 1. The Journal invites submission of original articles, notes, comments and essays on any topic of legal interest. 2. The final draft of the submission should be submitted in electronic form. The electronic submissions should be made only in Microsoft word (.doc) format. Electronic copies of the submission should be mailed to 3. Submission are to be made in Times New roman font, size 12, 1.5 line spacing. Footnoting should be in accordance with The Bluebook: A Uniform System of Citation (20 th Edition). 4. The word limit for the submissions is 800 words (excluding footnotes). Shorter submissions will be considered for the case comment and book review section. 5. Submissions must not have been published or accepted elsewhere. The Journal Committee of Dr. RML National Law University reserves the right to edit the articles once it is selected for publication. 6. The submission is to be accompanied with a covering letter giving details about the author (Name, Year, University, Address, Contact Details). 7. For further details, please visit

13 SUBSCRIPTION GUIDELINES A. Subscription: III. Subscription Guidelines Subscription (inclusive of shipping) to the RMLNLU Journal is as follows: Type of Subscription One year (1 issues) Hard Copy for 2017 Institutional/ Individual Rs. 750 Law Students & Teachers Rs. 700 To subscribe, a draft of the requisite amount in favour of Eastern Book Company payable at Lucknow, must be sent along with the completed subscription form, to: Eastern Book Company, 34, Lalbagh, Lucknow , India Tel.: , (30 lines) Please allow for 4-6 weeks for delivery of the journal in hard copy. All subscription enquiries may be sent to subscriptions@ebc-india.com All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission. The published works in this issue may be reproduced and distributed, in whole or in part, by nonprofit institutions for educational and research purposes provided that such use is duly acknowledged. The RMLNLU Law Journal, Lucknow 2017

14 Dr. Ram Manohar Lohiya National Law University Journal Subscription Form Please enter/renew my subscription for the items circled below: Type of Subscription One year (1 issues) Hard Copy for 2017 Institutional/ Individual Rs. 750 Law Students & Teachers Rs. 700 Mailing Details: Name Organisation Draft No. drawn on for Rs. (in favour of Eastern Book Company) Address Tel: Attach attested photocopy of Photo ID of institution to avail Law Student/Teacher subscription.