[1]Mathur, K. (1992). The State and the Use of Coercive Power
in India. Asian Survey, 32(4), 337–349.
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[1]Mishra, N. K. (2008). GOVERNMENTAL THREATS FOR MEDIA
FREEDOM?: COMPARATIVE STUDY OF ASIAN COUNTRIES. The Indian Journal of
Political Science, 69(1), 149–156.
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[1]Tkacheva, O., Schwartz, L. H., Libicki, M. C., Taylor, J.
E., Martini, J., & Baxter, C. (2013). Internet Freedom and
Political Space. RAND Corporation. http://www.jstor.org/stable/10.7249/j.ctt4cgd90
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[1]Infra (footnote3 page no.4)
[1]Andrea Ross,‘Modern Interpretations
of Sustainable Development, .
[1]P.
Ishwara Bhat, ‘Law and Social Transformation’, (1stEdn. 2009,
reprinted 2012, Eastern Book Company)
[1] Ibid
[1]Dr.ShailaDawre, ’Lecture on Law and Social
Transformation’, ILS Law College on 1st August 2019
[1]O.P.
Gauba, ‘Dimensions of Social Justice’, (1st published 1983,
National)
[1]Infra, (footnote 13-page no. 10)
[1]Extract from the 1993 Hague Convention on Protection
of Children and Co-operation in Respect of Inter-country Adoption, PETER H.
PFUND, ‘The 1993 Hague Convention: Its
Purpose, Implementation, and Promise’, <
https://www.jstor.org/stable/25739969>, 08 August 2019
[1]Guidelines
Governing the Adoption of Children, 2011
[1]
Vibha Sharma,’ INTER-COUNTRY ADOPTIONS IN INDIA - AN APPRAISAL’, Journal
of the Indian Law Institute, Vol. 45, No. 3/4, Family Law Special Issue
(July-December 2003), pp. 543-554 < https://www.jstor.org/stable/43951880
Accessed on 02 August 2019>
[1] Extract from the preamble of the
1993 Hague Convention on Protection of Children and Co-operation in Respect of
Inter-country Adoption, PETER H. PFUND, ‘The
1993 Hague Convention: Its Purpose, Implementation, and Promise’, <
https://www.jstor.org/stable/25739969>, 08 August 2019
[1]Laxmi Kant Pandey v. Union of India,AIR 1984 SC 469[1]SarasBhaskara, Rene Hoksbergena
,Anneloes van Baara , SubasiniMothiramb
, and Jan terLaak, ‘Adoption in India - the Past, Present and the Future
Trends’,
[1]68. The Central Adoption Resource
Agency existing before the commencement of this Act, shall be deemed to have
been constituted as the Central Adoption Resource Authority under this Act to
perform the following functions, namely: —
(a) to promote in-country adoptions and to
facilitate inter-State adoptions in co-ordination with State Agency;
(b) to regulate inter-country adoptions;
(c) to frame regulations on
adoption and related matters from time to time as may be necessary;
(d) to carry out the functions of the Central
Authority under the Hague Convention on Protection of Children and Cooperation
in respect of Inter-country Adoption;
(e) any other function as may be
prescribed.
[1]Adoption Regulations, 2017.
[1]Supra
(footnote 12-page no. 9)
[1]Victor. S. D’souza, ‘SOCIOLOGY
AND SOCIAL TRANSFORMATION IN INDIA. THE NEGLECT OF THE IDEA OF FRATERNITY’,
<http://www.jstor.org/stable/23619276> Accessed: 22 July 2019
[1]Palak
Jain, ‘Inter-country Adoption’, <www.lawoctopus.com>,Accessed: 22 July 2019
[1]13. Follow-up of progress of
adopted child. - (1) The Specialized Adoption Agency which has prepared the
Home Study Report, shall prepare the post-adoption follow-up report on six
monthly bases for two years from the date of pre-adoption foster placement with
the prospective adoptive parents, in the format as provided in Schedule XII and
upload the same in Child Adoption Resource Information and Guidance System
along with photographs of the child.
(2) In case the adoptive parents
relocate, they shall inform the agency which has conducted their home study and
the District Child Protection Unit of the district where they relocate.
[1] 63. A child in respect of whom
an adoption order is issued by the court, shall become the child of the
adoptive parents, and the adoptive parents shall become the parents of the
child as if the child had been born to the adoptive parents, for all purposes,
including intestacy, with effect from the date on which the adoption order
takes effect, and on and from such date all the ties of the child in the family
of his or her birth shall stand severed and replaced by those created by the
adoption order in the adoptive family:
Provided that
any property which has vested in the adopted child immediately before the date
on which the adoption order takes effect shall continue to vest in the adopted
child subject to the obligations, if any, attached to the ownership of such
property including the obligations, if any, to maintain the relatives in the
biological family.
[1]Supra
(footnote 19 Page No. 15)
[1] Adoption Regulations, 2017
[1] Union of India and Another v.
Ankur Gupta and Others, AIR 2019 SC
262
[1]Master Divyansh Arora Minor, through his Next Friend
Raj Kumar Arora v. Union of India, 2017 SC Del 11646, W.P. (C) 6759/2016
[1]Ibid.
[1] Smt. Anokha v. State of
Rajasthan and Other, AIR (2004) 1 SCC 382
[1]Supra (Footnote 25 Page No. 17)
[1]Udayan Care, UNICEF ‘Adoption’, <
www.udayancare.org >Accessed: 08 August 2019
[1]Judith Masson,’ Intercountry
Adoption: A Global Problem or a Global Solution?’,
Accessed: 08 August 2019
[1]Supra
(footnote 23-page no.17)
[1]S. Aarthi Anand and Prema
Chandra,’ Adoption Laws: Need for Reform’,
SarasBhaskara, Rene Hoksbergena,Anneloes van Baara,
SubasiniMothiramb , and JanterLaak, ‘Adoption in India - the Past, Present
and the Future Trends’,<https://www.researchgate.net/publication/236005514>.
Vibha Sharma,’ INTER-COUNTRY ADOPTIONS IN INDIA - AN
APPRAISAL’, Journal of the Indian Law Institute, Vol. 45, No. 3/4, Family
Law Special Issue (July-December 2003), pp. 543-554 <
https://www.jstor.org/stable/43951880 Accessed on 02 August 2019>.
Extract from the preamble of the 1993
Hague Convention on Protection of Children and Co-operation in Respect of
Inter-country Adoption, PETER H. PFUND, ‘The 1993 Hague Convention: Its Purpose,
Implementation,andPromise’,<
https://www.jstor.org/stable/25739969>, 08 August 2019
Victor. S. D’souza, ‘SOCIOLOGY AND SOCIAL TRANSFORMATION IN
INDIA. THE NEGLECT OF THE IDEA OF FRATERNITY’, <http://www.jstor.org/stable/23619276> Accessed: 22 July 2019.
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[1]Ms. Sapna Hodda: A
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[1] John P. J. Dussich, VICTIMOLOGY
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[1] Deepak Bade, VICTIMOLOGY AND COMPENSATORY
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[1] VICTIM : AN INTRODUCTION,
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[1] Art 14: Equality before law: The
State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India
[1]Art 21: Protection of life and
personal liberty: No person shall be deprived of his life or personal liberty
except according to procedure established by law
[1]Murugesan Srinivasan and Jane
Eyre Mathew, Victims and the Criminal Justice System in India: Need for a
Paradigm Shift in the Justice System, TEMIDA, Jun 2007, at pp 51-62
[1] Ibid.
[1]Basu, D.D, Constitutional Law of India (Nagpur:
Wadhwa& Co.,2003)
[1]Sec.2(wa) inserted by Code of
Criminal Procedure (Amendment) Act,2008 .
[1] Inserted by Act 5 of 2009, S.2
(w.e.f. 31-12-2009).
[1] 7 In section 24 of the principal
Act, in sub-section (8), the following proviso shall be inserted, namely:-
"Provided that the Court may permit the victim to engage an advocate of
his choice to assist the prosecution under this subsection."
[1] In section 26 of the principal Act, in clause (a),
the following proviso shall be inserted, namely: - "Provided that any
offence under section 376 and sections 376A to 376D of the Indian Penal Code
shall be tried as far as practicable by a Court presided over by a woman."
[1] In section 157 of the principal
Act, in sub-section (1), after the proviso, the following proviso is inserted,
namely:—“Provided further that in relation to an offence of rape, the recording
of statement of the victim is to be conducted at the residence of the victim or
in the place of her choice and as far as practicable by a woman police officer
in the presence of her parents or guardian or near relatives or social worker
of the locality.’’.
[1] In section 327 of the principle
Act,— (a) in sub-section (2), after the proviso, the following proviso is
inserted, namely:—“Provided further that in camera trial shall be conducted as
far as practicable by a woman Judge or Magistrate.”
[1] After section 357 of the
principal Act, the following section is inserted, namely:—357A.(1) Every State
Government in co-ordination with the Central Government is to be prepare a
scheme for providing funds for the purpose of compensation to the victim or his
dependents who have suffered loss or injury as a result of the crime and who
require rehabilitation.
[1]Section 151:The Court may forbid
any questions or inquiries which it regards as indecent or scandalous, although
such questions or inquiries may have some bearing on the questions before the
Court unless they relate to facts in issue, or to matters necessary to be known
in order to determine whether or not the facts in issue existed.
[1]Section 152: he Court shall forbid any question which
appears to it to be intended to insult or annoy, or which, though proper in
itself, appears to the Court needlessly offensive in form.
[1] (1974) 4 SCC 719.
[1] AIR 1980 SC 2147
[1] AIR 1985 SC 1285.
[1] 1999 Cr LJ 3566 (AP)
[1] Section 439(2): A High Court or Court of Session may
direct that any person who has been released on bail under this Chapter be
arrested and commit him to custody.
[1] (1996) 1 S.C.C. 490.
[1] AIR 1997 SC 1203.
[1] (2000) 1 S.C.C. 465.
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[1] As per
article 368, the provision stated that the power of parliament to amend the
constitution and procedure therefore as per the latest amendment, the subs. By
the constitution (24th Amendment ) Act, 1971,sec3 (a), for
“procedure for amendment of the constitution”
[1] Kesavananda Bharati v. State of Kerala, A.I.R. 1973
S.C. 1461 (India).
[1] Part XX of the constitution of India stated as the
Amendment of the Constitution
[1]
Shankari Prasad Singh v. Union of India, A.I.R. 1951 S.C. 458 (India).
[1]INDIA
CONST. art. 31. As per the article 31 compulsory acquisition of property [Rep.
by the constitution (forty-fourth Amendment) Act, 1978, sec. 6
Article 31 was earlier amended by the Constitution
(Fourth Amendment) Act, 1955, Sec. 2 and by the Constitution (Twenty-Fifth
Amendment) Act, 1971, Sec. 2.
[1] Sajjan Singh v. State of Rajasthan, A.I.R. 1965 S.C.
845 (India).
[1] Golak Nath v. State of Punjab, A.I.R. 1967 H.C. 1643
(India).
[1] Kesavananda Bharati v. State of Kerala, A.I.R. 1973
S.C. 1461 (India).
[1]INDIA
CONST. art. 329. As per the article 329 “Bar to interference by courts in
electoral matters”.
Sub. By the Constitution (Thirty-Ninth Amendment) Act,
1975,sec. 3, for certain words.
The words, figures and letter “but subject to the
provisions of Article 329 A” omitted by the constitution (forty- fourth
Amendment ) Act, 1978, sec.35
[1] Minerva Mills Limited v. Union of India, A.I.R. 1980
S.C. 1789 (India).
[1] Marbury v. Madison, 5 U.S. (1 Cranch )137 (1803).
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