Indian Journal of Law and Justice, Vol. 13, No. 01

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/4595

EDITORIAL NOTE

The last two years have been immensely difficult, worldwide, due to the Covid-19 pandemic. We are glad that the world is recovering gradually. However, the pandemic has ensued global crisis exacerbating deep-seating social inequalities within our societies. Women, low-income households, children and young people, as well as low-skilled, part-time temporary and self-employed workers, all have been disproportionately affected.

Keeping these issues in mind, the Editorial Board presents the 13th Issue of the Indian Journal of Law and Justice. Once again, with the incessant efforts and ‘never-say-die’ spirit of the editorial team, the India Journal of Law and Justice sets its foot in its journey for the second decade.

Keeping in tandem with the objective of the journal of being a multidisciplinary journal, the key focus of this edition ranges from human rights issues of women, women refugees, human trafficking, trans-rights, the criminal justice system to public health management, artificial intelligence and big data in health sector and human gene editing. This volume contains a Notes and Comments section with short articles highlighting concerns like terrorism and international criminal justice system, right to fair trial of victims and feminist perspective of the Kamtapur Movement. The book review segment contains review of the edited and annotated version of the celebrated Annihilation of Caste which has been edited and annotated by S. Anand and the foreword of which has been penned down by Arundhati Roy.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I would also like to express my gratitude to the entire Editorial Team whose commitment and perseverance made this publication possible.

Suggestions and opinions for the improvement of the journal is solicited.

With Best Wishes

Prof. (Dr.) Rathin Bandhopadhyay
Chief Editor

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    Legitimate Interest test and Party Autonomy: Correcting the discourse on Liquidated Damages within the Indian Contract Act 1872
    (University of North Bengal, 2022-03) Dasgupta, Lovely
    The Indian Contract Act 1872 (the Act) is largely a codification of the principles, fundamental to the English Contract law. Accordingly, party autonomy is securely entrenched amongst the various provisions of the Act. The provision on liquidated damages too continue to retain the spirit of party autonomy. Unfortunately, the Indian Courts have misread the provision on liquidated damages and ignore the theoretical underpinnings on party autonomy. Consequently, the discourse on liquidated damages is in disarray. In contrast the English Contract Law has witnessed tectonic shifts in the theoretical terrain on liquidated damages. The legitimate interest test, as developed by the UK Supreme Court (UKSC), has forced a re-think on the issue of liquidated damages. Importantly the legitimate interest test reinforces the role of party autonomy in ascertaining the validity of the clause on pre-determined damages. This article argues that the Act is no stranger to the legitimate interest test. The provision on liquidated damages is proof of the same. The article concludes that the time has come for the Indian Courts to unapologetically adapt the legitimate interest test and promote party autonomy. For such adaptation will bring about the much needed course correction in the narrative on liquidated damages.