INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

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[1] Navsarjan Trust v. Gujarat, (2011) 3 SCC 362.

[2] South India Cell for Human Rights Education and Monitoring v. Tamil Nadu Pollution Control Board, (2013) 8 SCC 243.

[3] All India Muslim Personal Law Board v. National Commission for Women, (2003) 10 SCC 735.

[4] Constitution of India, art. 14, 21, 19.

[5] International Covenant on Civil and Political Rights, 1966; Convention on the Elimination of All Forms of Racial Discrimination, 1966.

[6] The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, No. 33 of 1989 (India).

[7] Environment Protection Act, 1986; Water (Prevention and Control of Pollution) Act, 1974.

[8] National Commission for Minorities Act, 1992, No. 19 of 1992 (India).

[9] Gold, M. (2018). Ethics in legal research: A practical guide. Federation Press.

[10] Brown, A. J. (2016). Ethical considerations of legal research. Cogent Social Sciences, 2(1), doi:10.1080/23311886.2016.1245517.

[11] Smith, I. R., & Blackwood, L. (2018). Sensitive legal research: Ethical issues and considerations. In Research Methods in Law (2nd ed.) (pp. 529-557). Routledge.

[12] World Medical Association. (2013). Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects. JAMA. 310(20), 2191-4.

[13] Nuffield Council on Bioethics. (2014). Conducting research online: A guide to online research ethics. Nuffield Council on Bioethics.

[14] American Bar Association. (2007). Model Rules of Professional Conduct.

[15] MCI. (2006). Indian Council of Medical Research guidelines: Ethical guidelines for biomedical research on human participants, 2006.

[16] Corbin, J. H., & Strauss, A. (2015). Basics of qualitative research: Techniques and procedures for developing grounded theory. Sage publications.

[17] McEvoy, G., & Richards, R. (2015). Ethics and legal research: Addressing the normative gaps between method and impact. Legal Studies, 35(4), 635-656.

[18] Johnson, A. (2018). Ethical dilemmas in legal research. Annual Review of Law and Social Science, 14, 83-99.

[19] Tufford, L., & Newman, P. (2010). Bracketing in qualitative research. Qualitative Social Work, 11(1), 80-96.

[20] Gold, M. (2018). Ethics in legal research: A practical guide. Federation Press.

[21] Hesse-Biber, S. N., & Leavy, P. (2011). The practice of qualitative research. Sage.

[22] Hesse-Biber, S. N., & Leavy, P. (2011). The practice of qualitative research. Sage.

[23] Brown, A. J. (2016). Ethical considerations of legal research. Cogent Social Sciences, 2(1)

[24] Smith, I. R., & Blackwood, L. (2018). Sensitive legal research: Ethical issues and considerations. In Research Methods in Law (2nd ed.) (pp. 529-557). Routledge.

[25] Bhaskar, A., Godbole, T., & Lakhotia, S. (2016). Current and emerging issues in ethical conduct in research. Perspectives in Clinical Research, 7(4), 156.

[26] Erem, M. N. (2020). The Ethics of Conducting Research on Human Rights Violations. Human Rights Review, 21(3), 317-330.

[28] Chinyere, A. F. (2017). Human Rights violations against women: An Analysis of International Human Rights Legal Frameworks. Journal of International Women's Studies, 18(2), 41-52.

[29] Cook, M. A., & Foster, L. V. (2021). Human rights monitoring and big data: Anchoring new systems of evidence-based advocacy. Social Science & Medicine, 114352.

[30] Reverby, S. M. (2013). Ethical failures and history lessons: the US Public Health Service research studies in Guatemala and Tuskegee. Journal of Law, Medicine & Ethics, 41(3), 663-673.

[31] Thomas, S. B., Quinn, S. C., & Billingsley, A. (1994). The Tuskegee syphilis study, 1932 to 1972: implications for HIV education and AIDS risk education programs in the black community. American journal of public health, 84(11), 1762-1767.

[32] Sassoon, J. (2001). Environmental justice and citizenship in India: The Bhopal gas disaster. Political Geography, 20(4), 407-432.

[33] Pearce, T., Wright, P., Notaina, R., Kudlak, A., & Smit, B. (2012). “I don’t think climate change is helping at all:” Inuit perspectives on climate vulnerability and adaptation in Labrador.” Canada. Regional environmental change, 12(1), 131-143.

[34] Caputi, T. L., Mazerolle, L. G., & Muloin, S. H. (2017). Building effective community trust: a review of the literature and the experience of the Australian Community Capacity Building Program. Journal of Experimental Criminology, 13(4), 509-534.

[35] Indian Council of Medical Research. (2017). National ethical guidelines for biomedical research involving children. Retrieved from https://www.icmr.nic.in/sites/default/files/guidelines/National_Ethical_Guidelines_for_Biomedical_Research_in volving_Children.pdf (last visited on April 15, 2023).

[36] Rajamani, L. (2012). The Paris Agreement: The Good, the Bad, and the Ugly. Journal of Energy & Environmental Law, 3(2).

[37] Wagner, M. (2019). Climate Change and International Law. Oxford Bibliographies.

[38] National Law School of India University, Environmental Law Research Centre. (2014). Global Concerns and Local Realities: Topical Issues in Environmental Law and Policy in India (pp. 33-107). Oxford University Press.

[39] Brown, A. J., & Lewis, A. (2021). Ethical and legal considerations of environmental research. Environmental Research, 195, 110804.

[40] Das, S., & Chattopadhyay, S. (2018). Environmental justice and rights in India: Cases and controversies. Advances in Environmental Research, 63(4), 343-361.

[41] Broughton, E. (2019). The Poisoned City: Flint's Water and the American Urban Tragedy. Simon and Schuster.

[42] Ramaswamy, S. (2017). Making Environmental Rights Meaningful in India: A Review of Legal Framework, 28, 227-253.

[43] Sharma, A., & Gupta, P. (2018). Corporate Environmental Responsibility (CER) in India: An Empirical Study. Resources, Conservation and Recycling, 136(Supplement C), 172-186.

[44] United Nations Development Programme. (2016). Human development report 2016: Human development for everyone. Human Development Report Office, United NationsDevelopment Programme.

[45] Indian Council of Medical Research. (2017). National Ethical Guidelines for Biomedical and Health Research Involving Human Participants.

[46] Dhillon, N. K. (2018). Researching Sensitive Minds: Ethical Considerations in Research. In Advances In Social Sciences And Humanities Research (ASSHR), volume.LXIII (pp. 1-9). Atlantis Press.

[2] Section 91 in The Indian Evidence Act, 1872

Section 92 in The Indian Evidence Act, 1872

Section 99 in The Indian Evidence Act, 1872

[3] Section 61 to 66 of The Indian Evidence Act & Section 162 to 164 of The Indian Evidence Act, 1872

[4] Section 165 of The Indian Evidence Act, 1872

Section 311,313 of The Code of Criminal Procedure.

Order XVI Rule 14 and Order XVIII Rule 17 of The Code of Civil Procedure.

[5] Nasar Ali vs The State Of Uttar Pradesh (14 February, 1957, SC)

[6] Kalyan Kumar Gogoi vs Ashutosh Agnihotri & Anr (18 January, 2011, S.C.)

[7] Balram Prasad Agrawal vs The State Of Bihar & Ors (10 December, 1996 S.C.)

[8] Bai Hira Devi And Others vs The Official Assignee Of Bombay (on 20 February, 1958) (Equivalent citations: 1958 AIR 448, 1958 SCR 1384)

[9] Godhra Electricity Co. Ltd. & Anr vs The State Of Gujarat And Another (on 12 September, 1974) (Equivalent citations: 1975 AIR 32, 1975 SCR (2) 42)

[10] State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd (on 6 July, 2006 S.C.)

[11] Mangala Waman Karandikar(D) ... vs Prakash Damodaar Ranade (on 7 May, 2021 S.C.)

[1] Basu, D. D. (2015). "Marginalised Communities and Access to Justice." Indian Journal of Human Rights and Law, 1(1), 34-45.

[2] Chakrabarti, M. (2009). "Access to Justice in India." Journal of International and Comparative Law, 16(1), 78-89.

[3] Singh, R. (2016). "Access to Justice in Rural India: A Critical Appraisal." Indian Journal of Law and Public Policy, 2(2), 26-38.

[4] Rai, S. (2015). "Alternative Dispute Resolution Mechanisms in India: Issues and Challenges." Journal of Indian Law and Society, 6(2), 43-57.

[6] The Legal Services Authorities Act, 1987, No. 39 of 1987.

[7] The Protection of Civil Rights Act, 1955, No. 22 of 1955.

[8] The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, No. 25 of 2013.

[9] Basu, D. D. (2015). "Marginalised Communities and Access to Justice." Indian Journal of Human Rights and Law, 1(1), 34-45.

[11] The Legal Services Authorities (Free and Competent Legal Services) Regulations, 2010.

[12] De Silva, N. (2017). "Using Technology to Enhance Access to Justice in India." Journal of Indian Law and Society, 8(2), 77-91.

[13] Prakash, G. (2017). "Legal Empowerment of the Poor: A Key to Access to Justice." Indian Journal of Law and Public Policy, 3(1), 1-16.

[14] De Silva, N. (2017). "Using Technology to Enhance Access to Justice in India." Journal of Indian Law and Society, 8(2), 77-91.

[15] Chakrabarti, M. (2009). "Access to Justice in India." Journal of International and Comparative Law, 16(1), 78-89.

[16] Rai, S. (2015). "Alternative Dispute Resolution Mechanisms in India: Issues and Challenges." Journal of Indian Law and Society, 6(2), 43-57.

[1]Prison system which is a method of handling criminals was the result of historic accidents. It was not a carefully thought out plan. The great prison in Rome was built by Pope Innocent X in 1655. There were generalised institutions for the care of criminals. The Seventeenth and Eighteenth centuries saw the rise of "Prisons", "Jails", "Houses of correction", etc. See John Lewis Gillin, criminology and Penology (1977), p.372.

[2]V.R.Krishnalyer, A National Prison policy-Constitutional Perspective and Pragmatic Parameters (1981), p.7.

[3] There is deterrence, but without naked terror, there is prevention, but by methods that are generally regarded as just: there is reform, but by' way" of expiation rather than by cure: there is education, both in knowledge of the laws themselves and in the need to recognise the rights of others: and there is public denunciation too. H.B.Action (Ed.), The Philosophy of Punishment (1969), p.282 J.D.Mc Clean and J.C.Wood, Criminal Justice and Treatment of Offenders (1969), pp.85—

[4]The said thoughts of Mahatma Gandhi was echoed by Justice V.R.KrishnaIyer in his inaugural address at the Sixth Annual Conference of the Indian Society of Criminology at Madras on the 25th March, 1977. He stated: "Progressive criminologists across the world will agree that the Gandhian diagnosis ofoffenders as patients and his conception of prisons as hospitals mental and moral — is the key to the pathology of delinquency and the therapeutic role of punishment". Ismail Commission Report (1977), p.186.

[5]At present in England many prisoners serving relatively long terms have one short period of home leave near the end of their sentence. It is intended to be used in seeking employment and making other arrangements for release. In many countries regular home leaves are allowed at intervals throughout the sentence. See J.D.Mc Clean and J.C.Wood. op.cit., p.l4l.

[6] Article 22 of the Constitution of India & s.67 of Criminal Procedure Code, 1973

[7]Crimes have been classified into bailable and non bailable offences in Criminal Procedure Code, 1973. s.436 provides for procedure of bail in bailable offences and s.437 sets out the provision for bail in non-bailable offences. Although bail is a right provided to prisoners, it is not absolutely enforceable. Courts exercise wide discretion in granting bail.

[8]Refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India; see Sanjay Chandra v. CBI (2012) 1 SCC 40; see also State of Rajasthan v. Balchand 1977 4 SCC 308; see also Gudikanti Narsimhulu v. Public Prosecutor 1978 1 SCC 240; see also Gurucharan Singh v. State (Delhi Admin.) 1978 1 SCC 118 (Unless exceptional circumstances are brought to the notice of the Court which may defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person who is not accused of an offence punishable with death or imprisonment for life).

[9]Bhim Singh v. Union of India 2015 13 SCC 605; see also Re: Inhuman Conditions in 1382 Prisons (2016) 3 SCC 700.

[10]In the case of Sidhartha Vashisht v. State (NCT of Delhi) 2001 CrLJ 2404 Justice P. Sathasivam opined that “The investigation should be judicious, fair, transparent and expeditious to ensure compliance to the basic rule of law. These are fundamental cannons of our criminal jurisprudence and they are quite in conformity with the constitutional mandate contained in Articles 20 & 21 of the Constitution of India.”

[11]Mrs. Kalyani Baskar v. Mrs. M. S. Sampoornam 2007 2 SCC 258

[12]Article 14: (1) All persons shall be equal before the courts and tribunals. (2) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law, (3) (c) To be tried without undue delay. Article 16: Everyone shall have the right to recognition everywhere as a person before the law

[13] In the bail plea of Babu Singh v. State of Uttar Pradesh 1978 AIR 527, Justice Krishna Iyer referred to the delayed justice system as a slow motion syndrome and remarked, “Our justice system even in grave cases, suffers from slow motion syndrome which is lethal to “fair trial” whatever the ultimate decision. Speedy justice is a component of social justice since the community as a whole is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings.”

[14]National Crime Records Bureau (Ministry of Home Affairs), Prison Statistics 2015, September 2016.

[15]Hussainara Khatoon & ors v. Home Secretary, State of Bihar; see also Kartar Singh v. State of Punjab 1994 SCC (3) 569.

[16] According to Prison Statistics 2015, published by NCRB, Prison occupancy rate in India is 114.4%.

[17]Article 14 of the Constitution of India ensures that every citizen is provided equality before the law and comprises of right to free legal aid to all.

[18] Hague Convention on 25^th October 1980 on International Access to Justice, India is a member party to the convention since 2008.

[19]State of Maharashtra v. ManujiPragajiVashi 1995 SCC 5 730; see also Khatri II v. State of Bihar 1981 SCC (Cri)288; see also Article 39A of the Constitution of India; see also Section 304 of Criminal Procedure Code, 1973

[20]T.V. Vatheeswaran V. State of Tamil Nadu, A.I.R. 1983 SC 361

[22] General Comment no. 21: Article 10 (Humane treatment to persons deprived of their liberty) of ICCPR

[23] D.K. Basu v. State of West Bengal (1997) 1 SCC 416; see also Ajab Singh v. State of U.P. 2000 3 SCC 521; see also Murti Devi v. State of Delhi 1998 9 SCC 604; see also Rohtas Kumar v. State of Haryana 2013 14 CC 290.

[24] Re-Inhuman Conditions in 1382 Prisons 2016 SCC SC 121

[25] Amnesty International, Amnesty International Global Reports: Death Sentence and Executions 2016, Amnesty International Ltd., 24 (2017); Out of 141 Abolitionist Countries 104 have abolished death penalty in law and 30 in practice, out of 57 Retentionist countries 7 have abolished death penalty for ordinary crimes. (hereinafter, Amnesty)

[26] Centre for Civil and Political Rights (16^th session 1982), General Comment no. 6:Article 6(Right to Life)of International Covenant for Civil and Political Rights; para 6; Article 6 (2) to (6) does not make abolishment of death penalty the law, but it obliges the states to limit its use and restrict it to most serious crimes, further the committee concludes that all measures of abolition should be considered as progress in the enjoyment of the right to life.

[27]Bachan Singh V. State of Punjab, AIR 1980 SC 898

[29] Re-Inhuman Conditions in 1382 Prisons 2016 SCC SC 121

[30] Hussain & anr. V. Union of India AIR 2017 SC 1362

[32]Re-Inhuman Conditions in 1382 Prisons 2017 SCC SC 121

[33] Lahti, R. (2000). Towards a Rational and Humane Criminal Policy – Trends in Scandinavian Penal Thinking. Journal Of Scandinavian Studies In Criminology & Crime Prevention, 1(2), 141-155. doi:10.1080/140438500300076135

[34]Benson, E. (2003, July/August). Rehabilitate or punish? Psychologists are not only providing treatment to prisoners; they're also contributing to debate over the nature of prison itself. American Psychological Association, 34, 7.

[35]Ryan, R. (2015, February 25). Bastoy Prison in Norway Is the World’s First Ecological Prison. Retrieved November 28, 2016 fromNewsComAu. News Limited.

[36]Sutter, J. D. (2012, May 24). Welcome to the world's nicest prison. Retrieved December 3, 2016, from http://www.cnn.com/2012/05/24/world/europe/norway- prison-bastoy-nicest/

[1] ADM Jabalpur v. Shivkant Shukla [AIR 1976 SC 1207]

[1] Prasad, M. (2005). Autonomy and Commercialization of Higher Education. Social Scientist, 33(11/12), November- December, 43-48.

[2] Hauptman, A.M. (2002). Measuring Market Reliance and Privatization. International Higher Education, 27, Spring, 10-11.

[3] Gupta, A. (2004). Divided Government and Private Higher Education Growth in India. International Higher Education, 35, Spring, 13-14.

[4] Washer, P. (2007). Revisiting Key Skills: A Practical Framework for Higher Education. Quality in Higher Education, 13(1), April, 57-67.

[6] Couturier, L. (2002). Humanizing the Spectre of the Market. International Higher Education, 27, Spring, 11-13.

[8] Gupta, A. (2004). Divided Government and Private Higher Education Growth in India. International Higher Education, 35, Spring, 33-64.

[9] Chattopadhyay, S. (2009). The Market in Higher Education: Concern for Equity and Quality. Economic and Political Weekly, 44(20), July, 18, 53-61.

[11] Chattopadhyay, S. (2009). The Market in Higher Education: Concern for Equity and Quality. Economic and Political Weekly, 44(20), July, 18, 73-81.

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