Course Outline: India Immersion Programme – An Introduction to Law, Business and Society in India Assessment: Students will be assessed on the following: Class Attendance and Performance (10%) (LOs 1, 2, 3, 4, 5, 6) Reflective Journal (1,000 words) to be submitted within one week of the completion of the India Immersion Programme 25% Your reflective journal should address the following: 1. What were your expectations of the trip prior to departure? How did this reflect reality? 2. Describe any cultural observations you made during your trip (differences between Australia and India)? 3. Make some observations about local culture. How did you adjust to living and working this environment? 4. What was the greatest challenge you faced on the trip? 5. What was the highlight of the trip? 6. What was your greatest learning on the trip (professionally or personally)? 7. As a student/young professional, what are you likely to do differently following this trip? 8. If you were organising the trip, what would you do differently/change? Research Paper Proposal (1,000 words) (15 %) (LOs 1, 2, 3, 4, 6) Research question and outline of paper 400 word paper abstract 3 x 200 word annotated secondary sources Research Paper (2500 words) – 50% (LOs 1, 2, 3, 4, 5, 6) On a topic discussed during the India Immersion Programme. The research paper will be marked (on a pass/fail basis) by the relevant academic who teaches the seminar course relevant to the student’s topic. Learning Outcomes: Upon Successful completion of this course, students will be able to: 1. Identify the key components of the Australia-India relationship, areas of mutual interest and strategic convergence. 2. Critically analyse and engage in discussion on different facets of Indian culture, society and law as discussed in the various seminars. 3. Identify points of differences and similarities between Indian and Australian society, law and business. 4. Critically analyse the key issues and debates around the emergence of ideas concerning bilateral relationships from the perspective of economy, trade, diplomacy, gender and society. 5. Critically analyse the concepts raised in seminars and identify them in the assigned readings. 6. Undertake original research to apply key course concepts.
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Course Outline:
India Immersion Programme – An Introduction to Law, Business and Society in India
Assessment:
Students will be assessed on the following:
Class Attendance and Performance (10%) (LOs 1, 2, 3, 4, 5, 6)
Reflective Journal (1,000 words) to be submitted within one week of the completion of the India
Immersion Programme 25%
Your reflective journal should address the following:
1. What were your expectations of the trip prior to departure? How did this reflect reality?
2. Describe any cultural observations you made during your trip (differences between
Australia and India)?
3. Make some observations about local culture. How did you adjust to living and working
this environment?
4. What was the greatest challenge you faced on the trip?
5. What was the highlight of the trip?
6. What was your greatest learning on the trip (professionally or personally)?
7. As a student/young professional, what are you likely to do differently following this trip?
8. If you were organising the trip, what would you do differently/change?
Research Paper Proposal (1,000 words) (15 %) (LOs 1, 2, 3, 4, 6)
Research question and outline of paper
400 word paper abstract
3 x 200 word annotated secondary sources
Research Paper (2500 words) – 50% (LOs 1, 2, 3, 4, 5, 6)
On a topic discussed during the India Immersion Programme.
The research paper will be marked (on a pass/fail basis) by the relevant academic who
teaches the seminar course relevant to the student’s topic.
Learning Outcomes:
Upon Successful completion of this course, students will be able to:
1. Identify the key components of the Australia-India relationship, areas of mutual interest and
strategic convergence.
2. Critically analyse and engage in discussion on different facets of Indian culture, society and law
as discussed in the various seminars.
3. Identify points of differences and similarities between Indian and Australian society, law and
business.
4. Critically analyse the key issues and debates around the emergence of ideas concerning bilateral
relationships from the perspective of economy, trade, diplomacy, gender and society.
5. Critically analyse the concepts raised in seminars and identify them in the assigned readings.
6. Undertake original research to apply key course concepts.
Class Schedule and Seminar Descriptions:
Day 1: Wednesday, 9 January 2019
Welcome and Introduction to the India Immersion Programme
Speakers:
Professor (Dr.) C. Raj Kumar, Vice Chancellor, O.P. Jindal Global University (JGU)
Professor Shaun Star, Executive Director, Centre for India Australia Studies, Assistant
Professor and Assistant Dean, Jindal Global Law School
Professor (Dr.) Laknath Jayasinghe, Associate Director, Centre for India Australia Studies,
Associate Professor in Marketing and Vice Dean (Research), Jindal Global Business School
India and Australia: A Comparative Overview of the Law and Legal Practice
Speaker:
Professor Shaun Star, Executive Director, Centre for India Australia Studies, Assistant
Professor and Assistant Dean, Jindal Global Law School
Outline:
The Indian and Australian legal systems share much in common, influenced by our shared colonial
history. This seminar compares different areas of the respective legal systems so as to explore the
similarities and differences between the jurisdictions. This seminar also seeks to provide a broad
overview to the Indian legal system and establish points of reference with the Australian system of law
and governance. It hopes to provide a useful foundation for the subjects which will be taught during the
course.
Recommended Reading:
Shaun Star (ed), Australia and India: A Comparative Overview of the Law and Legal Practice
(Universal Law Publishing, 2016) – available in the library
Seminar Duration: 1.5 hours
India Australia relationship - Q&A with NCP students and alumni
Speaker:
Honorable Marise Payne, Minister for Foreign Affairs, Government of Australia
Seminar Duration: 2.5 hours
Venue: Australian High Commission
Day 2: Thursday, 10 January 2019
Indian Labour Law and Industrial Relations
Speaker:
Professor (Dr.) Indranath Gupta, Controller of Examinations, Associate Professor and
Assistant Director, Centre for Post Graduate Legal Studies and Assistant Director, Centre for
Intellectual Property and Technology Law, Jindal Global Law School
Outline:
During this seminar, students will discuss the following topics:
1. Industrial Disputes
2. Working of Trade Union
3. The issue of Minimum Wages
4. Employees Compensation
The objective of this seminar would be to showcase the inherent complexities present in labour
legislations. It is important to have a holistic understanding as India is going through a phase of transition.
Labour and Industrial Law comprises of the policy measures directed to the overall welfare of the citizens
of India. This talk would consider the existing legislations covering industrial disputes and social security
measures. On an overall note, the participants are expected to identify the potential problems in this area
and suggest for policy measures relating to social justice.
Recommended reading:
Guy Davidov, “The (Changing?) Idea of Labour Law”, (2007) 146 (3-4) International Labour
Review 311
Sankaran, Kamala, “Labour laws in South Asia: The need for an inclusive approach” (2007)
International Institute for Labour Studies, Geneva
Sarath Chandra Davala, “Question of Union Recognition” (1989) Economic and Political
Weekly
Rakhi Sehgal, “‘Maruti Workers are the Villains’: Truth or Prejudice?” (2012) Economic and
Political Weekly
Seminar Duration: 1.5 hours
Possibilities for India-Australia Collaborations in Education for mutual understanding and
sustainable development
Speaker:
Professor (Dr.) Mousumi Mukherjee, Assistant Professor & Assistant Director, International
Institute for Higher Education Research & Capacity Building, Executive Director, Centre for
Comparative and Global Education
Outline:
This interactive session will provide insights on academic links between India and Australia. It will
reflect on the possibilities of collaboration between India and Australia in the field of education- both at
the level of school and higher education. The session will highlight what each country can learn from
each other to achieve the global goals of sustainable development.
Recommended reading:
Rizvi, F., Barron, R.J., Mukherjee, M. & Khan, A. (2016). An Overview of Schools Education
in India and Australia. Available online: www.aii.unimelb.edu.au/publications/overview-
school-education-india-and-australia/
Rizvi, F., & Gorur, R. (2011). Collaboration in higher education: New directions for India and
Australia Retrieved from: www.australiaindiaeducation.com/collaboration-in-higher-
can make the Indian context intelligible. Some of the questions we will engage with during this seminar
include:
In what ways are practices of caste and racial discrimination different and alike?
How do the experiences of first nation peoples or ‘tribals’ or indigenous populations compare in
Australia and India?
How are manifestations of social cleavages - like class and gender - in the two countries similar
and alike?
Recommended reading:
Surinder S. Jodhka, Caste: Oxford India Short Introductions (Oxford, 2012), Chapters 2, 3 & 5
Uma Chakravarti, Gender Caste: Through a Feminist Lens (Stree, 2006), Chapters 1, 2 & 9
Seminar Duration: 1.5 hours
Day 9: Thursday, 17 January 2019
Site visit to the Supreme Court of India
Site visit to Shardul Amarchand Mangaldas, Roundtable discussion with corporate lawyers
Day 10: Friday, 18 January 2019
Gender Relations in Contemporary India
Speaker:
Professor Nisha Nair, Assistant Professor and Assistant Director, Centre for Law and
Humanities, Jindal Global Law School
Outline:
The question of gender relations in contemporary India is a rather complex question. This seminar will
focus on the aspect of how patriarchy operates in contemporary Indian society leading to women’s
subordination and oppression. In this regard, the seminar will focus on the issue of violence against
women by particularly looking at female foeticide and violence within the family. The seminar will also
focus on how gender hierarchies are normalised and perpetuated in India. The seminar will further bring
forth the strategies adopted by the women’s movement in India to engage with the issue of violence
against women, especially in the context of legal frameworks and reforms.
Recommended Reading:
Avanish Bhai Patel, “Crises in Female Existence: Female Foeticide and Infanticide in India”
(2013) 6(4) International Journal of Criminology and Sociological Theory 235-241
Arpita Banerjee and Ranjita Biswas, “Globalization and Violence against Women: The Missing
Girls of India” (2016) 28(1) Journal of Interdisciplinary Economics 30
Seminar Duration: 1.5 hours
India’s Role in Asia-Pacific
Speaker:
Professor (Dr). Pankaj Jha, Assistant Professor, Jindal School of International Affairs
Outline:
With the onset of second phase of Look East Policy (LEP) and now the “Act East Policy”, the whole of
East Asia and Oceania now comprise its extended neighbourhood. While India’s LEP matured in due
course of time both in terms of economic engagement and strategic partnerships, but its approach towards
many Asia-Pacific nations lacked the same vigour. It was not very apparent that whether India has the
political will and the required material capabilities to project power into western pacific beyond
Singapore. This clearly signifies the expectant role, but India has constrained itself in undertaking larger
global responsibilities because of the limited resources and it weighed larger geo-strategic dynamics
before undertaking any larger role. Primarily, the policy concentrated on building capabilities through
education, vocational training and human resource development while, at the same time, espousing the
cause of development cooperation and regional multilateralism. With the incremental growth of its
economic and increasing international clout, India undertook calibrated measures through political,
defence, economic and cultural initiatives to promote its soft power and as a result it is looking for a
large proactive role in the Asia-Pacific. This role transcends different spheres of engagement such as
political interactions, economic integration, defence diplomacy and multilateral engagement through
institutional mechanisms.
Recommended reading:
Jagannath P. Panda, “India and New Institutions in Asia-Pacific: Responding to China and the
United States” (2015/2016) mémo OBSERVATOIRE CHINE
Sandy Gordon, “India’s Rise as an Asia–Pacific Power Rhetoric and Reality” (May 2012)
Australian Strategic Policy Institute 1
David Scott, “India and the South Pacific: Fiji, PIF, IPIC and the China Connection”
Tevita Motulalo, “India’s Strategic Imperative in the South Pacific” (October 2013) Gateway
House Report 1
Seminar Duration: 1.5 hours
Steel City Development in India: An Overview of the Development of Jamshedpur and Rourkela
Speaker:
Professor Arup Chatterjee, Assistant Professor, Jindal Global Law School
Outline:
Founded in 1907, Jamshedpur (or Tatanagar) was a grand experiment in naming and planning a steel city
on the lines of a family heritage, founded on global principles of urban planning. Rourkela, on the other
hand, was the site of the first public sector steel plant, in 1955, based on the principles of a secular state
that believed in steel plants as the ‘temples’ of modernization and industrialization. This talk explores
the inherent links in ideology and town planning between the two steel cities, while discussing the social
impact of the two, unpacking ideologies of organic growth, garden city planning, and displacement of
native population, in and around Tatanagar and Rourkela, respectively.
Recommended reading:
Amita Sinha, “Jamshedpur: Planning an Ideal Steel City in India On behalf of: Society for
American City and Regional Planning History” (2011) Journal of Planning History Rajkishor Meher, “The social and ecological effects of industrialisation in a tribal region: The
case of the Rourkela Steel Plant” Contributions to Indian Sociology
Seminar Duration: 1.5 hours
CSI: Forensics in Practice
Speaker:
Professor Poulomi Bhadra, Assistant Professor and Assistant Director, Jindal Institute of
Behavioural Sciences
Seminar Duration: 1.5 hours
Day 11: Saturday, 19 January 2019
Free Time
Day 12: Sunday, 20 January 2018
Free Time
Day 13: Monday, 21 January 2018
Site visit to Industry & Travel from JGU
Day 15: Monday, 22 January 2018
Site visit to Industry
Day 16: Tuesday, 23 January 2018
Site visit to Industry & Travel to JGU
Day 17: Wednesday, 24 January 2018
Introduction to Competition Law in India
Speaker:
Mr. Prateek Bhattacharya, Assistant Professor, Jindal Global Law School
Outline:
This course will aim to serve as an introduction to the regulation of competitive behaviour in the Indian
economy and the economic analysis that informs that regulation. The focus will be on Indian competition
law/policy, as embodied in the Competition Act, 2002 (“Act”). Competition law primarily regulates three
areas of conduct. These areas of conduct are: i) anticompetitive agreements (e.g. a cartel of firms engaged
in price-fixing or other collusive activities, or anti-competitive supply-distribution agreements); ii)
conduct in abuse of a firm’s dominant position directed at excluding competitors or exploiting consumers
in the market (e.g. a dominant firm engaging at predatory pricing or denial of market access); and iii) the
regulation of mergers that, if consummated, would lead to an appreciable adverse effect on competition.
While other areas exist, this course will focus on these broad types of conduct. The course will also deal
with additional criteria for a finding of such anti-competitive conduct, such as definition of relevant
market, agreements, and dominant enterprises. The objective of the course is to provide an introduction
to the contemporary antitrust regulatory environment and compare it with that of Australia.
Recommended reading:
Shaun Star (ed), Australia and India: A Comparative Overview of the Law and Legal Practice
(Universal Law Publishing, 2016), Chapters 7 and 8
Seminar Duration: 1.5 hours
An Introduction to Criminal Procedure in India
Speaker:
Mr. Sarim Naved, Partner SNP Advocates & Solicitors, property law, employment law,
dispute resolution and corporate criminal liability
Seminar Duration: 1.5 hours
Sexual Orientation, Gender Identity and the Law in India
Speaker:
Professor Danish Sheikh, Assistant Professor, Jindal Global Law School and Associate Director,
Centre for Health Law, Ethics and Technology
Outline:
This session will examine the ways in which the Indian legal system impacts the lives of lesbian, gay,
bisexual and transgender persons. We will look at three frames in particular: criminalization,
discrimination and recognition and look at how LGBT lives intersect with the law across all three.
Recommended reading:
Danish Sheikh - A Tale of Two Judgments - LGBTQ Policy Journal
MSJE Trans Report
Danish Sheikh - Yale Human Rights Journal The Road to Decriminalization - Vol 16 Issue 1
Yale Human Rights and Development Journal
Seminar Duration: 1.5 hours
Day 18: Thursday, 25 January 2018
A Journey into Civil Procedure Law In India: Are You Ready For The Adventure?
Speaker:
Professor Avani Bansal, Adjunct Professor, Jindal Global Law School and Advocate,
Supreme Court of India
Outline:
This talk will provide an overall structure to understand the procedural laws that govern civil laws in
India. With the Civil Procedural Code, 1908 as the lynchpin, we will explore some interesting facets of
a civil case's journey in India: courts' jurisdiction, procedural steps through a civil case, evidence,
pleadings, foreign judgments, parties to a civil case amongst others. The idea behind this talk is to provide
the students a basic understanding of the civil procedural law, appreciate its complexities, and enquire