18 Years of Excellence

Editorial

Knowledge is like an infinitesimal galaxy and deciphering an aspect of knowledge is like unveiling cosmic realities in quantized forms through contemplative capabilities. Legal research, too, is not immune from this process. Dehradun Law Review incessantly endeavours to provide a viable platform to these philosophical contemplations in the sphere of legal knowledge by propelling the legal researchers, academicians and scholars towards the well-cherished, socioeconomic, welfare centric and academic objectives. This is to our great satisfaction that the journal, unlike a rudderless vessel, continues to sail successfully towards the accomplishment of its desired objectives. An intellectual endeavour has a centre but no periphery and hence always serves as an inducement for constructive academic activism. The editorial board of Dehradun Law Review has so far attempted its best to live upto the expectations of the legal fraternity and becoming a UGC-listed journal in this year is a testimony to this fact. We feel immensely enthusiastic while bringing up Vol. 9, Issue – I, November 2017 of Law College Dehradun, faculty of Uttaranchal University. We feel honoured to receive contributions from eminent academicians of Indian and foreign universities in this current issue. Issues like ‘Disclosure Requirement of the Trips Agreement: Implications for Developing Countries’, ‘The Structure of a Criminal Procedure Rule and its Test on English Criminal Procedure’, ‘Changing Dimension of Moral Rights under Digital Environment’, ‘Secularism & Democratic Governance: an Appraisal’, ‘A Legal Evaluation of Protection of Wildlife vis. a vis. Scientific and Technological Development’, ‘A Legal Discourse between Fair Trial and Media Trial: Indian Perspective’, ‘Policy Framework for Climate Change in India: Triumph or Fiasco’ and ‘E-Governance and Regulatory Measures in India with Special Reference to State of Uttarakhand’ have been thoroughly discussed and analysed offering valuable insights in the different sub-spheres of legal knowledge. Dr. B.N. Pandey and Dr. Prabhat Kumar Saha in their research paper titled “Disclosure Requirement of the Trips Agreement: Implications for Developing Countries” reviews disclosure requirement provision of the TRIPS to analyze flexibilities available in the provision from developing countries’ perspective with the aim to portray its significant implications for developing countries. Dr. Yin Bo in his paper titled “The Structure of a Criminal Procedure Rule and its Test on English Criminal Procedure” argues if the structural coupling of a criminal procedure rule of China is a universal jurisprudence, criminal procedure defect consequences in England as well as all other common law jurisdictions will be a mess instead of a system. His paper examines relationship between a procedural deficiency and its procedural consequence. Dr. Ashish Kumar Srivastava in his paper titled “Secularism & Democratic Governance: an Appraisal” asserts Indian Judiciary has been a qui vive of the sentinel of democracy and it has always kept the faith unflinching which has been reposed by a plural democracy like India. In this paper the author examines the various aspects of secularism and democratic governance in a descriptive and analytical manner.

Dr. Anoop Kumar in his paper titled “Changing Dimension of Moral Rights under Digital Environment” argues the information era has generated new technologies for the creation of artworks, and the possibility of new kinds of works, leading to problems with the established understanding of authorship, creative work, and the relationship between the two. His paper makes an attempt to explaining challenges of moral rights in present digital environment. Mr. Praveen Kumar Rathi in his paper titled “A Legal Evaluation of Protection of Wildlife viz a viz Scientific and Technological Development” analyses the impact of growing technology upon the decreasing wildlife in India, which was a hub of enormous species of wild animals including Tiger, Leopard including the Snow Leopard, Elephants, Bear, Birds etc., and the ensuing consequences. Dr. Rama Sharma and Dr. Sushim Shukla in their research paper “A Legal Discourse between Fair Trial and Media Trial: Indian Perspective” relying on the 200th report of Law Commission of India and suggests that the prohibition of anything that is prejudicial towards the accused or suspect and this restriction should operate from the time of arrest. Their paper makes an attempt to draw the attention towards the media practices infringing the human rights of the accused as the criminal jurisprudence is based on thinking that a person is innocent in the eyes of law until proven guilty.  Mr. Sukhwinder Singh and Mr. Nakul Sharma in their research article “Policy Framework for Climate Change in India: Triumph or Fiasco” raises question whether Indian policy framework addressing all the issues has given a fruitful result or still there is a amending scope to improve its outcome. Their research paper is a bonafide attempt to analyse various policies dealing with the issue of climate control, their impact, outcome and scope of amendment. Dr.Laxman Singh Rawat in his research paper titled “E-Governance and Regulatory Measures in India with Special Reference to State of Uttarakhand” examines egovernance regulatory mechanism in the India as well as in State of Uttarakhand to explore how far e-governance has contributed to achieve the objectives of good governance through law and policy intent. No intellectual endeavour, however sincere and focused, is immune from ambiguities and inconsistencies. Admitting the same, we sincerely look forward to and welcome criticism and constructive as well as valuable suggestions from academic quarters and legal fraternity. We also extend our warm wishes to the contributors of articles and solicit their continuous academic inputs for the enhancement of the quality of the journal.

God Speed!

Prof. (Dr.) Rajesh Bahuguna Editor-in-Chief