Pilsarc Working Papers

Public Interest Legal Support and Research Centre

– A List

PILSARC was a trust which published papers for circulation. Some of these papers were published in Journals and Newspapers or circulated widely on request. Most of these were written by Rajeev Dhavan and used for Friday evening discussions.

No attempt has been made to disaggregate published from non-published to retain the totality at a glance.

List of Working Papers

I. First Series (until December 1999)

1.Conquest by Patents – The Paris Convention Revisited

2.Whose Interest? India’s Patent Laws and Policy

3.Power without Responsibility: On Aspects of the Indian Patent Legislation

4.Making the World Fit for Prey: GATT and Intellectual Property Rights

5.Mining Policy in India

6.Mining Leases in India

7.GATT Proposals – Uruguay Round: States versus Union of India – A Legal Opinion

8.Proliferating Non-Innovative Drugs While Profiteering from Life and Death: India’s Response to the American Pharmaceutical Industry

9.Subsidising the Rich while Starving the Poor – An Analysis

10.Law as Struggle – Notes on Public Interest Law in India

11.The Unbearable Lightness of India’s Legal Aid Programme

12.To Be or Not to Be: Implementing the Legal Services and Authorities Act, 1987

13.Enforcing Legal Aid through Courts

14.Democracy and the GATT Negotiations

15.Political Mandate or Texts of Justice: India’s Bill of Rights

16.Human Rights and Socialism

17.The Jurisprudence of Human Rights

18.More is Not Always More: Unto Us a Human Rights Commission is Given – But Why?

19.Law as Concern and Concern about Law: Reflecting On ‘Law and Development’

20.Tidy Institutions, Untidy Discourse, Conversations On Human Rights – Discourse In India’s Constituent Assembly

21.So, Whose State is It Anyway? Indian Dilemmas

22.Ambedkar’s Prophesy: Human Rights in India

23.The Patent Monopoly and Free Trade: the Basic Contradictions in the Dunkel Draft

24.Implementing Panchayat Raj

25.A Decade of the Indian Patent Act, 1970

26.India and Litigation in the Canvass of Legal Research in India: Exploring Some Tentative Ideas on Legal Research

27.Human Rights Commission Bill, 1993: A Preliminary Response

28.Computer Software Protection: An Analysis of American Jurisprudence

29.The Legal Aid Bill: A Fraud on the Constitution

30.Mining Law

31.Legality of Recruitment, Promotion and Career Growth: Patterns in Coal India Limited

32.Public Funded R&D and its Patenting in India

33.Why Why the Human Rights Commission Bill, 1993 must be sent to a Joint Committee?

34.Human Rights Commission Should Be Sent To A Joint Committee – A Summary

35.Changes in Company Law

36.Memorandum to the Joint Committee on the Constitution (Eightieth Amendment) Bill, 1993, and the Representation of the People (Amendment) Bill, 1993
37.Memorandum to the Parliamentary Committee on Home Affairs on the Human Rights Commission Bill, 1993

38.Human Rights Commission Statement and Proposals

39.Environmental Litigation

40.Submission on the Karnataka Panchayat Raj Act, 1993

41.Supplementary Memorandum on the Amendments to the Constitution

42.Privatising Indian Airlines Routes

43.How Disability Invites Destitution: An Analysis of the Market System of Health Insurance

44.The Profitability of Peril: An Analysis of the Market System of Liability

45.The Protection of Human Rights Ordinance, 1993

46.Has the Government Forgotten Bhopal? Reflections on the National Environment Tribunal Bill, 1992

47.Super 301 and India: An Analysis of the U.S. Allegations of “Unfair” Foreign Practices

48.Products Liability: An Analysis of American Jurisprudence

49.Technology Transfer: How to Structure a Licensing Agreement under U.S. Law

50.Diluting Food Safety Standards: An Analysis of the Harmonisation Rules in the Draft Final Act Embodying the Results of the Uruguay Round of Multinational Trade Negotiations

51.Notes on Towards an Understanding of the ‘Final Treaty’ of the Uruguay Round of the GATT Negotiations

52.Preliminary Outline of Submission to the People’s Commission on GATT (First)

53.Written Submission to the People’s Commission on GATT (Second)

54.Written Submission to the People’s Commission on GATT (Third)

55.Written Submission to the People’s Commission on GATT (Fourth)

56.Written Submission to the People’s Commission on GATT (Fifth)

57.On the Working of the Patents Act, 1970 (1970 – 1993)

58.Patent by Another Name: An Analysis of the (Draft) Plant Varieties Protection Act, 1993, and its International Compulsions

59.Police Misconduct in India: Accountability and Compensation

60.“(T)o die, to sleep; and, then, perchance, to dream…”: The Supreme Court on Suicide

61.The Press Council as Super Editor: V. N. Gadgil’s Right to Reply Bill

62.The Promise of Human Rights: Courts, Institutions and Processes

63.The Ayodhya Judgment – A Preliminary Analysis

64.The Ayodhya Judgment – A Juristically Expensive Victory – Encoding Secularism in the Law

65.An Incomplete Measure: The Public Records Act, 1993

66.Supreme Court in India – Ram Jethmalani

67.Ordinance Raj

68.Patent Ordinance – A Resume and Comment

69.One Step Forward: First Report of the National Human Rights Commission (NHRC)

70.Conquering the Plant Kingdom: The UPOV Convention

71.Draft Plant Varieties Bill: Protection or Auction

72.Rights of the Child

73.Abolition of Slavery and Bonded Labour

74.The Ambivalence of the Dialogue between International Forum and Regional Agenda on the Subject of Penal Reform

75.The Wealth of Nations: Land, Forest and People – Notes on the Draft Conservation of Forests and Natural Ecosystems Act

76.Copyright Amendment Act, 1994

77.Changes in Securities Regulation (SEBI)

78.Labour Law in India: An Overview

79.Amending the Patents Act, 1970 in the Light of the GATT Negotiations

80.Proposal of the State of Uttar Pradesh to set up a State Press Council

81.Turning the Controversy Round (A Note on TADA)

82.Changes Required in the New TADA

83.TADA: Government Amendments in the Rajya Sabha

84.The New TADA – A Fraud on the People (Note on the Criminal Law Amendment Bill, 1995, or the New TADA)

85.Human Rights in (Un)civil Society

86.The New TADA: A Summary

87.The Tehri Dam: A Safety and Ecological Hazard

88.The Tehri Project: An Overview

89.Technical Aspects of the Tehri Dam

90.The Tehri Project: Some Reflections on Democratic Accountability

91.Repression of Satyagraha: The Tehri Story

92.Contrived Conflicts: The Idgah Maidan Affair

93.On the Copyright (Amendment) Act, 1994: Copyright, Copycat and the Right to Copy

94.The Merit Promotion in Universities Judgment – A Legal Aide de Memoire

95.Uniform Civil Code: Political Reaction to it

96.The Rathong Chu Controversy (Sustainable Development Programmes in Sikkim)

97.India’s Constitution: 1994

98.Judges and the Constitution

99.Submissions on the Trade Marks Bill, 1995

100.The Other Rights

101.Caught in a Midlife Crisis (Judiciary and the Law)

102.Tables Pertaining to Working of Patents Law in India

103.Right to Environment

104.Married Women’s Right to Protection Bill

105.The Marriage Bill: 1994

106.The Domestic Violence to Women (Prevention) Bill, 1994


108.Lay Magistracy

109.Victim Evidence: An Introductory Exploration

110.Censorship: Preliminary Submission in the Matter of A. B. Corp. Ltd. v. Om Pal Singh and Others

111.The Supreme Court as Problem Solver: The Mandal Controversy

112.One More Step? A Comment on the Second Annual Report of the NHRC, 1994 – 1995

113.Federalism: The Next Generation

114.Suicide or Right to Die: Law and Society

115.Presidents, Prime Ministers and Hung Parliaments

116.The President Abdicates His Duty

117.Ayodhya: The Article 138 Solution

118.Thinking through Secularism: Reflecting on the Destruction of the Babri Masjid

119.Identification of Dain (Prevention) Act, 1995: An Opinion

120.The Wildlife Act: Need for Amendment

121.Notified and Un-notified Sanctuaries and Parks: Need for Immediate Reform

122.Coalition and Discontents

123.Lessons from Tehri

124.Freedom of Information: Who Says Legislation is Indispensable?

125.When Should Indian Politicians Retire?

126.Sexual Offences under the Penal Code: Suggestions for Change

127.Information Now

128.Indian Federalism and its Discontents

129.Indian Federalism: Text and Materials – A Resume

130.Patents and World War III

131.Uttarakhand: Imaginary Discontents

132.A Short Note on Judicial Activism

133.Promises, Promises…Human Rights in India

134.Treaties and People: Indian Reflections

135.India’s Constitution: 1995

136.Statement of General Principles on Ethical Considerations Involved in Research on Human Subjects

137.The Temple at Vaishno Devi

138.Supreme Court and the Environment: 1996

139.Child Abuse: Legal Perspectives

140.Television and People: On Why the Governments Approach is Anti-democracy and Anti-people

141.Notes on the Proposed Public Interest Law Bill

142.Memorandum and Material on Torture

143.Television and People: An Overview

144.Highway Robbery: A Note on the National Highways Laws (Amendment) Ordinance

145.The Inequity of Land Acquisition: A Comment on the Land Acquisition (Amendment) Bill, 1996

146.Another Step: Notes on the Third Annual Report of the National Human Rights Commission (NHRC) 1995 – 1996

147.Environment Justice by Tribunal: Comment on the National Environment Appellant Authority Act, 1997

148.T. N. Godavarman v. Union of India

149.Truth, Love and a Little Malice: Maneka Gandhi v. Khushwant Singh

150.Recent Threats to the Rajiv Gandhi National Park in Nagarahole, Karnataka

151.To Reserve or not to Reserve? Representing Women in Legislature

152.The Broadcasting Bill, 1997: A Submission to Parliament

153.Classification, Vetting and Preliminary Summary Disposal of the Complaints before the National Human Rights Commission (NHRC) – A Note

154.Damages in Public Law

155.The Lesser Evil? Judges and Indian Democracy

156.The Indian Constitution: 1996

157.Judge and be Judged: India’s Judiciary – An Institution of Governance

158.Women and Armed Conflict

159.Constitution Change

160.Prisoners Wages Reforms

161.A Constitution for a Civilisation

162.India: The Year of the Law

163.Reservations for Women

164.Rethinking the Working of the National Human Rights Commission (NHRC): A Note

165.Cancellation of the World Commission Meeting On Dams, 1998: A Legal Aide de Memoire

166.The Third Judges Case

167.Submission against the Grant of Injunction for a Non-existent Defamation – Dr. Prabha Manchanda v. Samira Kohli and Madhu Kishwar

168.Step by Step Notes on the Fourth Annual Report of The National Human Rights Commission (NHRC), 1996 – 1997

169.Peoples Commission on Patents

170.Judicial Activism I

171.Judicial Activism II

172.The Insurance Bonanza

173.Despots and Humans

174.The Lampur Report

175.Impending Menace of Diesel

176.Conference on Refugee Law and Policy: A Report

177.India’s Constitution: 1997

178.Secularism: Road to Xanadu

179.The Supreme Court and Group Life

180.Criminals or MPs

181.Judicial Activism III

182.Judicial Activism IV

183.Aide de Memoire on Financial Autonomy for NGO’s: Repeal The FCRA, 1976

184.Aide de Memoire for NHRC

185.Elections and Exit Polls

186.World Bank Policy Research Papers

187.India’s Constitution: 1998

188.Part-time Member of the Prasar Bharati

189.Christians in India

II. Millennium Series(Second Series After January 2000)

190.The Millennium: Metaphor or Reality? Government and Human Rights in the 21st Century

191.Into the Next Millennium

192.Midnight To Millennium: A Metaphor Looking For a Purpose

193.In the Matter of Brij Raj Meena v. State Of Uttar Pradesh (Allahabad High Court) and Matters Connected Thereto: An Aide de Memoire To the National Human Rights Commission (NHRC)

194.The Indian Constitution

195.Asylum for the Karmapa

196.The Wealth of Nations Revisited

197.In the Matter of Ram Kanwar, Santo, Kamlesh and the NHRC: Aide de Memoire on Certain Cases Referred by the NHRC

198.In the Matter of Consumer Education Research Society v. Union of India

199.Justice – But For Whom?

200.The Civil Service and the RSS: A Note

201.Injustice to Farmers– Comment on Protection of Plant Varieties and Farmers Rights Bill, 1999

202.Submission to the Lok Sabha on the Protection of Plant Varieties and Farmers Rights Bill, 1999

203.Submission to the Rajya Sabha on the Patents (Second Amendment) Bill, 1999

204.Changing the Constitution: But Why?

205.The Millennial Review of the Indian Constitution

206.The Lawyers’ Strike

207.The Thin End of the Wedge (Criminal Law Amendment Bill, 1998)

208.Old TADA And New TADA: A Brief Note

209.Official Secrecy: The Colonial Legacy

210.Right to Know: A Guaranteed Constitutional Right

211.The Public Records Act: A Critique

212.Right to Information: Principles and Strategy

213.Freedom of Information Bill, 2000: An Appraisal

214.Information Now: Need for a New Strategy

215.Freedom of Information in the USA

216.The Sahyog Affair

217.PILSARC’s Training Programmes: An Internal Note

218.PILSARC’s Alternative to the Protection of Plant Varieties and Farmers Rights Bill, 2000

219.India’s Constitution: 1999

220.A Constitution for a Civilisation: India’s Constitution and its Discontents

221.Autonomy not Secession

222.Reservations for Women

223.Public Spaces and Private Lives: The Domain of the Law

224.Ayodhya: 2001

225.A Seven-Point Agenda for Kashmir

226.Propositions on Casteism, Racism and the Need for Effective Action

227.Law’s Magic and Empire Revisited: Public Spaces and Private Lives – The Domain of the Law

228.An Afterword on an Afterthought: On the Proposal to Amend the Protection of Human Rights Act, 1993

229.Strengthening Capabilities: Reflecting on the National Human Rights Commission’s (NHRC) Fifth Annual Report, 1997 – 1998

230.Looking Back and Forging Ahead: Reflecting on the National Human Rights Commission’s Sixth Annual Report, 1998 – 1999

231.Madhya Pradesh’s Draconian Law: An Inroad into Democracy, Due Process and Civil Liberties

232.Who Will be the Custodian of the Custodians: The Sad, Incomplete and Politically Contrived Story of Central Vigilance Commission Legislation

233.The Lokpal Experiment in India: A Hitch Hikers Guide From 1966 to 2001

234.The Lokpal Bill, 2001: An Introductory Critique

235.The Rewriting of Indian Democracy: The Role of NGOs

236.No Justification for TADA

237.Assault on Ayodhya

238.The Making of a Police State?

239.Refugees and the Law in India

240.Joint Session of Parliament for the Purpose of Enacting POTO

241.The Patents (Second Amendment) Bill, 1999

242.The Prevention of Terrorism Ordinance

243.Anti-terrorism Law – Reform the Criminal Justice Administration or Change the Criminal Justice System?

244.The Death of a Legend

245.Towards a Secular State

246.Delayed Trial: A Preliminary Study

247.Documenting Cultural Heritage for its Conservation

248.The Consumer Revolution

249.The Election Commission on the Gujarat Elections

250.Minorities – the T. M. A. Pai Decision

251.Finding Direction Again: Reflecting on the Seventh Annual Report of the National Human Rights Commission, 1999 – 2000

252.Stabilising the Past: Reviewing the Eighth Annual Report of the National Human Rights Commission: 2000 – 2001

253.“(T)o die, to sleep; and, then, perchance, to dream…”: The Supreme Court on Suicide, Part I: The First Suicide Judgement

254.“(T)o die, to sleep; and, then, perchance, to dream…”: The Supreme Court on Suicide, Part I: The Second Suicide Judgement

255.On the Model Law for Refugees: A Response to the National Human Rights Commission

256.Justice, Justice and the Best Bakery Case

257.The Babri Masjid Subterranean Fishing Expedition

258.The Criminal (In)justice System

259.Riots as Murder – Re-examining the Best Bakery Case

260.Riots as Murder – The Best Bakery Case

261.You Know I Know You Know I Know You Know: Information and Democracy in India

262.Private Lives and Public Reputations – The Career and Prospects of the Law of Defamation in India

263.Federalism in Transition: Legislative and Executive Federalism in India

264.Refugee Protection by Executive Action

265.Maldives: Governance without the Rule of Law

266.The National Employment Guarantee Bill, 2004: A Critique

267.The Rewriting of Indian Federalism: Constitutional Amendments, Statutory Changes and The Executive Power Revisited

268.Indian Subcontinent: An Overview of the Law

269.A Critique of the Contempt of Courts (Amendment) Bill, 2004

270.Censorship and Intolerance in India

271.A Note on Indian Law regarding the Evidentiary Value of Confessions Obtained by Torture

272.Crisis in Nepal

273.Ostracism by Visa: the Narendra Modi Fiasco

274.Sunlight is the Best Disinfectant: A Critique of the Right to Information Bill

275.The Role of the Union Government in Censoring Textbooks

276.The Religious Freedom of Jehovah’s Witnesses in India

277.Hate, Spite and Unpopular Speech

278.India: An Ongoing Experiment to Redefine Federalism

279.Constitutions and Kings: a Critique of the Proposed Constitution of Bhutan

280.Contempt of Court and the Press

281.Executive and Legislative Federalism in India

282.The Law of Retrenchment in India in the light of various interpretations of the Industrial Disputes Act, 1948

283.An Overview of the Law of Extradition in India

284.Illegal Migrants in India: Analysis and Aftermath of the Supreme Court’s Decision in Sarbananda Sonowal’s Case

285.Re: Strengthening the Criminal Provisions of the Wildlife Protection Act, 1972

286.On Establishing a Statutory Basis to Create Tiger Reserves in India

287.Eklavya’s Dream: Equal Educational Opportunities in an Unequal Society

288.Flight from the Hills: Internal Displacement and Refugee Concerns in Nepal

289.An Analysis of the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005

290.In the Aftermath of Godhra: Legal Proposals to Confront Communal Violence in India

291.Confronting Communalism: the Communal Violence Bill, 2005

292.Arguments, Protests, Strikes and Free Speech: The Career and Prospects of the Right to Strike in India

293.The Refugees and Asylum Seekers (Protection) Bill, 2006: A Revised Proposal for the Model National Law on Refugee Protection

294.Re: the Law Governing Agricultural Credit in India

295.Protecting the Forgotten and Excluded: Statelessness in South Asia

296.Food Safety for Sale: the Food Safety and Standards Bill, 2005

297.Re: Proposed Changes in the Foreigners Act

298.Re: The Judges (Inquiry) Bill, 2006

299.A Brief Examination of the Micro Finance Bill, 2007

300.Adding Insult to Injury: the Rajasthan Dharma Swatantrya Bill, 2006

301.Re: the Governor’s Powers with regard to the Rajasthan Conversion Bill

302.The Chhattisgarh Communal Circular, 2006: Fundamentalist Hinduism Finds Official Expression in Chhattisgarh

303.Re: Changes in the Scheduled Tribes (Recognition of Forest Rights Bill), 2005

304.Hate Speech Revisited: the ‘Toon’ Controversy

305.Protecting Refugees: Entitlements or Welfare

306.Conversion and Communalism

307.Harassing Hussain: Uses and Abuses of the Law of Free Speech

308.A Note on Indian Law regarding the Admissibility of Torture Induced Evidence

309.A Briefing Paper on the Seeds Bill, 2004

310.The Right to Information Act, 2005 and the ‘File Notings’ Controversy

311.The Legal and Constitutional Position on Offices of Profit

312.Implications of the Nuclear Cooperation Agreement between India and the USA

313.The Consultation and Ratification of Treaties Bill, 2007: a Legislative Proposal for Accountability and Participation in the Treaty Making Process