Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Saturday, 16 November 2013

Minorities in the Age of Globalisation

Minority is so to say a “cohort concept” or a concept which envelops a cluster of issues. Far from being a matter of the past, minorities have become a very actual issue affecting the politics of many nations. The approach taken towards minorities is so important because the future shape of a nation and its destiny often depends on this. Globalisation has further problematised the issue of minorities and is changing its configuration, bringing in new experiences.
We hear strident voices of opposition and even rejection of minority rights. But a look at the global level will suggest how our world is trying to come to terms with this issue with ever new means. They include legal ones to protect the minorities by recognising their identity, culture, religion, and their rights to establish and maintain their institutions, and so on. The trajectory of the development shows that it will not be long before minority rights become part of the international law binding on all the states. Ofcourse, there is room for fine-tuning and negotiating within the framework of the Constitution. However, a summary opposition and rejection of minority rights can be sustained neither by reason nor by global experience.


Minority rights may not be looked at either as concessions or as defence, but must be viewed as realisation of democracy in pluralistic societies and as a way to bring about social equity. For this, we need to affirm basically the right of communities, which cannot be reduced to individual rights. These communities are not to be reduced simply to religious communities. We need to focus today specially on the economically, socially and culturally marginalised minorities. The special provisions in terms of reservation or affirmative action are in keeping with the democratic spirit, and the sense of social justice that should animate the nation. Finally, the thorny question of Uniform Civil Code for certain religious communities as the Muslims in India, deserves to be considered with historical perspective and with due account to the need of a certain legal pluralism for a country of such diversity as India.  Uniform Civil Code is a project and a process.

This Article Is A Part Of The Utopia Series. Utopia is not an unreal figment of imagination, or a chimera we chase in futility. It is the projection of another real order of things, a different set of values, and a new shape of the world and society. The suppressed identities, women, minorities, Dalits and tribals and all those who are marginalised in any way project their utopias. Utopia leaps out from the shoulder of may struggles to glimpse and experience the new and the different. Critique is indissociable from utopias.


Collected & Contributed By- 


Agriti Shrivastava,
Article Analyst, FSA
CNLU, Patna

Sunday, 27 October 2013

The Rostrum Essay Competition; Submit By Nov 15th

The Rostrum Essay Competition 2013 is the newest educational project by Alkemia & Rostrum. The competition seeks to nurture the creative talent of young authors from legal fraternity. The competition is meant for undergraduate law students interested in academic legal writing. The competition aims to cater to a large number of law students by enabling then in writing on legal topics of their own choice. The competition is bundled with lots of rewards to compliment the hard work of the participants.
The advisory board and the panel of judges for the competition consists of eminent scholars, academicians and professionals from legal fraternity.

2. Rewards

1. Cash Prize:

1st Prize: Rs. 8000
2nd Prize: Rs. 4000
3rd Prize: Rs. 2000

2. Publications:

Publication of 10 best essays in a special issue of Online Journal: Rostrum’s Law Review, ISSN: 2321 – 3787.
Publication of all selected abstracts in Rostrum’s Blog.

3. Free Courses:

Free courses and gift vouchers by Rostrum worth Rs. 1 Lakh to all the selected participants in the competition.

4. Certificate of Participation:

A certificate of participation will be awarded to all the selected participants.

3. Rules

1. Eligibility Criteria:

1.1 The competition is open to all the undergraduate law students in India.
1.2 The participants will be selected on the basis of an Abstract submitted by them on the topic of their interest.

2. Submission Guidelines:

2.1 Authorship:
2.1.1 Only one submission is allowed per author.
2.1.2 Co- authorship is allowed for a maximum of 2 students.
2.2 Abstract Submission
An abstract, not exceeding 500 words, is required to be submitted by email before 15th November 2013. The selection of participants for the competition will be done on the basis of the abstracts submitted by them.
2.3 Formatting & Citations
The Essay must have an introduction and conclusion. Authors should use endnotes and use of footnotes is prohibited.
The Essay / Abstract should be typed in MS Word format only. The sub heading should be in Font size 14, Bold, Times New Roman, Left alignment. The main text should be in Font 12, Normal, Times New Roman and Justified and endnotes should be in font size 10, Left aligned.1.5 intercellular spaces.
In case if you are using the graphs, tables and figures in the paper. Also attach an image of the particular item to the email while submission.
Word limit for Abstract shall be 500 words and full essay should be written in between 3500 and 4000 words.
Endnotes must conform to authoritative standard rules of legal citation and must include a description of each authority adequate to allow a reasonable reader to identify and locate the authority in a publication of general circulation.
It is advised that Bluebook 19th edition be followed.
3. Copyright & Plagiarism:
Each essay must be accompanied by a declaration to the effect that it has not been published, submitted, or accepted for publication elsewhere. All original works submitted for this competition shall assign their copyright to Alkemia Legal Education Ventures Pvt. Ltd. which shall become the sole proprietor of the works submitted.
The essay should be original and unpublished work of the author/s. Alkemia Legal Education Ventures will not be responsible for any claims made by any parties regarding copyright infringements in the works submitted by authors.
4. Email Submission
The submission should of the abstracts and essays should be done by email before the stipulated deadlines to the official email id of the competition: essay@rostrumlegal.in
All the queries relating to the competition will be entertained on the above email id.
5. Registration Fee:
The participants selected for the competition will required to pay Rs. 500 as Registration Fee (Rs. 1000 in case of Co-Authors) to register for the competition.

4. How to Enter

Law students interested in participating in the competition should follow the step by step rule mentioned below:
  1. Prepare and Submit an Abstract by November 15th 2013.
  2. Get Notified of the Selection by the Organizing Committee on November 18th 2013.
  3. Submit the Registration Form along with the Registration Fee by November 25th 2013.
  4. Submit the full essay along with copyright declaration form through email by January 15th 2014.
  5. Get Notified about the Results and Publication on February 15th 2014.

5. Important Dates

The participants are advised to adhere to the following schedule for participation in the competition:
Submission of Abstract: November 15th 2013
Notification of Acceptance: November 18th 2013
Last Date of Registration: November 25th 2013
Submission of Essays: January 15th 2014
Publication of Results: February 15th 2014


Rostrum’s Law Review


About the Journal:

Rostrum’s Law Review, ISSN: 2321 – 3787 is an on-line, free – access, multidisciplinary law journal published quarterly by Speak Up Publications. Speak Up is the official publication house of Alkemia Legal Education Venture Pvt. Ltd.
This Journal is a common forum for publishing original research papers, case reports and review articles relating to all the fields of law.  The Editorial Board and its advisory board consist of eminent researchers from India.

Archives:

All the previous issues of the Journal are preserved online at Scribd.Com: Click Here
Articles by various authors can also be read individually at RLR’s Blog: (Coming Soon!)

Call for Papers (Upcoming Issue):

Submit by: November 15th 2013 (17:00 Hrs.)

Manuscripts are invited from professionals, researchers and students for publication consideration. Papers are accepted for editorial consideration through email with the understanding that they have not been published, submitted or accepted for publication elsewhere.

Instructions:

Author/s must comply to the following guidelines to submit a paper for consideration for publication:
  • Articles should be submitted in Microsoft Word format to the editor by Email. The email must be sent to journal@rostrumlegal.in.
  • Each article must be accompanied by a declaration to the effect that it has not been published, submitted, or accepted for publication elsewhere. The copyrights of the articles will be with Alkemia Legal Education Ventures Pvt. Ltd.
  • The Paper should be typed in MS Word format only. The sub heading should be in Font size 14, Bold, Times New Roman, Left alignment. The main text should be in Font 12, Normal, Times New Roman and Justified and endnotes should be in font size 10, Left aligned.
  • The Title of the Paper should be followed by name, designation, name of Organisation/University/School and email address.
  • The paper must have an introduction and conclusion. Authors should use endnotes and use of footnotes is prohibited.
  • In case if you are using the graphs, tables and figures in the paper. Also attach photo of the particular item to the email with the paper.
  • Papers should be unpublished and original contribution of the author.
  • Each final manuscript shall have the following word limit:
    • Articles: 3000 – 4000 words.
    • Book Review: Not more than 2000 words.
    • Case / Legislative Comment: Not more than 2000 words.
  • Co-Authorship is allowed only to 2 (two) authors.
Download the Copyright release agreement form: Click Here

Citation Guide:

Authors are advised to follow the rules in the Bluebook, 19th Edition.

Important Dates:

1. Last Date of Submission: 15th November, 2013 (17:00 Hrs)
2. Notification of Acceptance: 18th November, 2013
3. Submission of Publication Fee: 25th November, 2013 (17:00 Hrs)
4. Date of Publication: 30th November, 2013

Publication Fee:

For Students: Rs. 500 (For each author)
For Academicians Professionals: Rs. 1000 (For each author)
Please Note: The fee is only payable by authors whose manuscripts are selected for publication, the payment instructions will be sent with the intimation of acceptance.

Saturday, 26 October 2013

Give Youth A Chance.

          When India attained independence, the first Lok Sabha was represented by 140 young members who were below the age of 40 of parliament, which accounts for almost 25% of the total members in the parliament. But since then there has been a steady decline in the number of young members, with the fourteenth Lok Sabha being represented by just 61 young members. Our forefather, I am sure realized the importance of having young blood in the parliament and hence encouraged them to participate in the governing process. Unfortunately, the prior trend is missing now with majority of our MPs, rather than choosing retiring gracefully from the political arena, tend to cling more viciously to power contaminating the dynamics of socio-political process. This has deprived our political machinery of the much needed young understanding and ideas.
Making a global comparison, Tony Blair relinquished office as Prime Minister of Britain at the age of 54 after a decade in power. Take president Obama who is 47 years old. In contrast, our PM candidates for the 15th Lok Sabha were Mr. Advani who was 81 and Mr. Manmohan Singh who was 76. Politics in India has become a career for either pensioners or as a second career choice for actors, lawyers, civil servants, defence officers and other professionals. In most cases the younger lot in the political party are desperately trying to persuade and convince their own party that they are sufficiently mature to be in a position of power.
Part of the problem lies in an excessively hierarchical political tradition that treats a supine loyalty as the ultimate virtue in Indian politics. Unsurprisingly, in this environment, there is a latent hostility to newcomers. Very few politicians have had the grace and dignity to withdraw voluntarily to the backbenches once their term is over. Retirement does not feature in their political lexicon. While this approach might suit individual’s self-interest, it is open to doubt whether this serves the wider national interests. Another factor which draws them to cling to their political seat is the status, easy money, easy fame and easy power that come along. Consequently, the aged politicians of our country do not want to easily give way to younger people or any deserving new candidate for that matter.
This brings us to introspect on the question– whether we need young member in parliament at all? India is a very young and vibrant country with brilliant young minds who have the potential to become good leaders. With almost two-thirds of the population comprising of youth, one fails to understand how a 60+ year old can understand what the life of a 20 year old is like and enable their progress. If age was an important criterion, why is it that the corporate world is gracefully retiring top executives when they go beyond 60? Similarly why are the civil servants asked to exit when they reach 60? Sheer logic suggests that if the backbone of the government is provided by the civil servants and the politicians depend on them for every aspect of government functioning- you should continue to hold theses experienced civil servants in office even if they reach 60. But that’s not the case. Isn’t it because we require a bureaucracy who is abreast with the latest technological and management philosophies. The same argument can be extended to our politicians too.
Old politicians are more likely to be rigid in their views and highly prejudiced. They are likely to be unaware of the latest advancement that are taking place around the world over and will be less adaptable and inclined to embrace better ways of functioning and governance. They are likely to be more focused on traditional ways of functioning even if there are inefficiencies and loopholes in their approach. They are also very short sighted with majority of them more interested in their survival in power rather than shaping a better future of the country.
If given appropriate timely opportunities the young politicians will prove to be more energetic, enthusiastic, passionate, innovative, ambitious and much more abreast with the socio-economic advances in various facets of our country.
Undoubtedly, young politicians will think further into the future. They will have a vision way ahead of the five-year electoral plan of the current politicians, because they will still be alive then. It is their own future they are planning for and are more concerned with the long term picture than simply the next election like many older politicians who are already in power. According to a survey, the younger members of parliament have attained a much better attendance than their elderly counterparts. Need more be said? With so much in the favour of the young parliamentarians, do they not deserve a chance?


Author- 

Shreya Vajpei
Army Institute of Law