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1 – 10 of 78The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late…
Abstract
The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late, certain incidents have shown this freedom to be under threat. The case highlights some of such events. It makes the readers think about the importance of this right, reasonableness of restrictions, and the measures needed to protect it.
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In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape…
Abstract
In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.
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Hiral Patel and Anilkumar Hanumappa
The purpose of this paper is to identify various legal issues that affect libraries in India.
Abstract
Purpose
The purpose of this paper is to identify various legal issues that affect libraries in India.
Design/methodology/approach
The method adopted in this study was to identify and analyze all cases filed in the Indian Supreme Court, High Courts and Tribunals and Commissions and reported in the Westlaw India database for the 10-year period from 2008 to 2017.
Findings
Among the identified cases that were related to libraries or library professionals, a large majority of them were issues related to service or employment such as pay scales, promotion, age of superannuation and service termination. There were very few cases related to library work, such as library access, services provided and copyright.
Research limitations/implications
The current study is based on study of cases that have been reported and mentioned in Westlaw India Legal Database and occurring during the limited period from 2008 to 2017. The implications of the study are manifold, with the main implication being the urgent need to introduce basic legal education and training to library professionals. The other implication is the need to further research in this domain due to lack of sufficient studies on the topic and enrich the library and information science (LIS) literature.
Originality/value
This study would not only help create awareness about legal issues related to libraries and library professionals but also help in understanding the main areas of litigation involving libraries and library professionals. The study also makes a case for introduction of basic legal education for LIS professionals. The paper adopts a novel research approach that can be replicated by researchers in other countries to enable international comparisons.
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Anupama Prashar and Parul Gupta
Corporation's board (CB) is viewed as a vital internal corporate governance (CG) mechanism, playing a critical role in mitigating the agency problems and enhancing firm…
Abstract
Purpose
Corporation's board (CB) is viewed as a vital internal corporate governance (CG) mechanism, playing a critical role in mitigating the agency problems and enhancing firm performance. Considering the mixed nature of extant CG literature on CB-firm performance link, this study aims to examine the impact of specific CB attributes on firm performance studied in varied contextual settings and investigates the moderating effects of three contextual factors, i.e. legal origin, industry type and firm type on CB-performance relationships.
Design/methodology/approach
Meta-analysis technique suggested by Hedges and Olkin (1985) was used to analyse a sample of 330 effect sizes reported in 148 studies published between 2000 and 2020 in 85 peer-viewed journals, studying CB-performance associations across 31 countries. The analyses were conducted in two stages: first, the authors assessed the main effect of CB attributes on firm performance and tested the heterogeneity in effect size across the primary studies. In the next stage, the authors investigated the moderating variables accounting for this heterogeneity in the CB-firm performance relationship.
Findings
Board independence, board diversity, board size and role duality are the CB attributes, which significantly and positively impact firm performance. Further, the homogeneity tests revealed variability in effect size for all CB attributes except for board committees. Subgroup meta-analyses revealed that the contextual factors related to industry-type and firm-type are substantial explanatory source of heterogeneity in CB-performance association, though legal origin of firm also partially explains the heterogeneity in this relationship.
Research limitations/implications
Only empirical research reporting Pearson product-moment correlation coefficients(r), as the effect size, were considered for this study. Some of the other CB attributes such as board composition, compensation structure of board members, performance evaluation and appointment process of board members were not included due to limited empirical research on these attributes.
Practical implications
The paper includes implications for managers and policy makers for the development of effective corporate boards and CG mechanisms.
Originality/value
This paper integrates diverse empirical evidence on the associations of CB attributes with firm performance and systematically assesses the moderating factors that contributes to heterogeneity in these relationships.
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Parvinder Gupta and Nirmal Gupta
This case builds on Regency Hospital Limited (A), which describes the struggles that the founder Dr. Atul Kapoor went through in setting up the hospital and the challenges he and…
Abstract
This case builds on Regency Hospital Limited (A), which describes the struggles that the founder Dr. Atul Kapoor went through in setting up the hospital and the challenges he and his team faced. Regency Hospital Limited, a multi-specialty hospital in Kanpur, India, was founded in 1995. Case (B) examines the development and progress made at the hospital, and the way various issues that the hospital faced were dealt with. It also highlights what made the hospital successful. In the process, the case highlights issues on leadership, entrepreneurship, organizational culture, and management of change.
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INDIA: Court ruling will likely prompt violence
INDIA: Court ruling partly eases Ayodhya tensions
This paper examines the decline of the largest working parliamentary democracy in India overtime, but accelerating since 2014 as the Bharatiya Janata Party (BJP), under the…
Abstract
Purpose
This paper examines the decline of the largest working parliamentary democracy in India overtime, but accelerating since 2014 as the Bharatiya Janata Party (BJP), under the leadership of Prime Minister Narendra Modi at the Center (as the federal government is commonly known).
Design/methodology/approach
It is eclectic. Original constitution, along with commentaries, are studied. News outlets, government pronouncements, journal articles, and other media outlets — electronic and print — are also sourced.
Findings
The findings show how three important features in democracy — elections and their outcomes, control of information, and suppression of dissent are widely used to undermine constitutional democracy.
Originality/value
Democracy can be undermined without altering the Constitution itself. It also explains the irony of Modi’s popularity, given the undemocratic practices. As he may continue in office for some time to come, commanding a log-rolling majority, the need of the hour is a united, constructive and effective opposition to ensure a healthy working democracy.
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