Month: July 2020

(Hay or) Bourhill v. Young (1942) 2 All ER 396 (HL)

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This article is written by Akshaya V, CMR University, School of Legal Studies, Bangalore.

INTRODUCTION

Negligence is one of the civil wrongs covered under the tort law. In a general sense, the extent of liability in tort is determined by the number of damages a party has incurred.  To be liable for negligence, the requisites have to be met. The instant case is on the proximity of the cause of action discussed with the relevant rules in tort. 

Equivalent Citations 

(1942) 2 All ER 396 (HL)

Bench 

Lord Thankerton, Lord Wright and Lord Porter, Lord Russel of Killowen, Lord Macmillan 

Date of Judgement 

5 August 1942

Relevant Law 

Law of torts

Concept 

Negligence 

Facts 

The defender was the executor of John Young, who drove his motorcycle through Edinburgh road at a high speed and collided with an on-coming motor car after overtaking a stationary tram-car. He was dead on spot and as his corpse was being taken away, a fish-wife bystander, who was pregnant and unloading her basket from the tram-car noticed the bloodshed. The noise of collision shocked her and by looking at the bloodshed, she wrenched and injured her back. She was thrown into a state of terror that affected her nervous system. The baby was stillborn. She filed a suit against John Young for his action.

Issues before the Court

Is the plea maintainable?

Is there a breach of duty of required care by the defendant towards the plaintiff? 

Points of determination 

Negligence, by its general meaning, is the breach of duty of care resulting in undesirable damages. Where a person fails to exercise the required standard of care as a reasonable man would do in a particular situation. It can also be malfeasance by doing something which should not have been done. The instant case is about negligence on the part of the defendant. He should have exercised due care in riding his motorcycle. He is wholly liable for causing a collision with the tram-car.

To find if John Young owes a duty of care towards Bourhill, the following points shall have to be determined – 

  1. Duty of care – This is one of the essential conditions to hold a person liable for a negligent act. The duty should be legal and shall not be unlawful or immoral. Therefore, it has to be ensured it is done with a duty of care. In the above case, he has not shown a duty of care towards riding which resulted in an accident. 
  2. Breach of duty to take care – Young has breached his duty. He did not observe a  standard of care. He should have rather acted wisely and not omitted an act which he was ought to do. 
  3. Proximate cause – It means the legal cause. It may not be the first event that may occur in a sequence of events and may not be the last event before the injury occurs. A defendant in a negligence case is only liable for only those damages within his contemplation and could have foreseen through his actions. In the above case, the collision may have been foreseen by Young but the injury caused to the fish-wife may not have been foreseen.
  4. Duty of care towards the plaintiff – A duty arises when the law identifies a relationship between the plaintiff and defendant. The establishment of a duty of care towards the plaintiff is determined by the Court. In the instant case, there is no established relationship between Young and Bourhill. The duty of care should have been established by Young towards the tram-car driver before overtaking. 
  5. Actual cause or cause in fact – The plaintiff who is suing the defendant for negligence has the liability to prove that the defendant’s violation of duty was the actual cause of damage incurred by him. Here, Bourhill does not have an actual cause but an incidental cause thus not falling victim to the defendant’s action. 

The ratio of the case 

  1. Lord Macmillan held that the appellant suffered in her health and in her capacity to do work because of this tremendous shock. The question is only whether Young’s representative can be rendered accountable for what the appellant had suffered.
  2. Primarily, it is not necessary to consider what caused the mental impact. The cognizance shall be taken only for the physical injury caused by actual action, which was well settled. Now, concerning mental health, the distinction between physical and mental injury has to be decided. The distinction is not very scientific for a mental shock is always accompanied by a physical disturbance but the elements affecting mental health are more than a physical injury which may give scope to legal liability. 
  3. Bourhill shall recover damages if there was a pre-established relationship between her and John Young and that he failed to exercise a duty of care towards her. 
  4. The duty of a rider is not to cause injury to persons on the highway or in premises adjoining the road. The term “care” connotes avoiding excessive speed, observing signals and keeping a good lookout. Should this be the case, to whom is the duty owed? According to Lord Jameson’s words, the duty is owed to those to whom injury may reasonably be anticipated if the duty is not observed. 
  5. John Young was negligent in riding. However, he would not have foreseen that his excessive speed would have caused a terrible shock to the appellant. The appellant’s injury was not within his contemplation, for she was on the other side unloading her fish basket from a tram-car. The appellant happened to see the bloodshed and heard the noise of collision, which was the main cause of her injury. 

Decision 

Lord Thankerton held that the shock caused to the appellant was not within the proximity of potential danger which the motorcyclist would have reasonably contemplated. It was finally held by the Lords that the plaintiff was not sufficiently proximate to the cause of the negligent act. Therefore, the defendant had no duty of care towards the plaintiff. The plaintiff could not claim any damages from the plaintiff’s executor. The plea shall not be maintainable.

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Freedom of Speech & Expression- The Pulse of Democracy

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This article is written by Siddhi P. Nagwekar, Karnataka State Law University’s Law School. This article discusses the Freedom of Speech & Expression in the Indian context and the limitations on the same.

Benjamin Franklin once said: ‘Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.”

Expression is a matter of liberty and right. The free rein of thought and right to know are the origin points of expression. Free Speech keeps democracy alive, going. Freedom of expression is vital to the growth and actualization of individual personality. Freedom of expression is all-important in a democratic arrangement of State where people are the sovereign rulers. Iver Jennings said, “Without freedom of speech, the appeal to the reason which is the basis of democracy cannot be made”. Milton in his Aeropagitica says that without this freedom there can be no health in the moral and intellectual life of either the individual or the nation. The social interest in free expression rests on the idea that without expression, there is no society at all because communication is the very spirit of social life. 

In the Indian Context

In order to initiate this objective, “freedom of speech and expression” has been promised as a fundamental right under Article 19(1)(a) available to all citizens, subject only to limitations which may be imposed by the State under clause (2) of that Article. 

The rights mentioned in Article 19 (1) are not exhaustive of all rights of a free man. Some of the rights falling outside Article 19 are freedom to move, right of citizenship, the right to vote, or contest election, the contractual right against the Government, right of Government servants to continue in employment and the right to strike. The freedoms enumerated in Article 19 (1) are those great and basic rights which are recognized as natural rights inherent in the status of a citizen. But none of the freedoms is absolute or uncontrolled. 

Limitations on Freedom of Speech and Expression

In a modern State, total and unlimited individual rights don’t subsist, because they can’t exist. Freedom is more resolute if it is integrated with responsibility. Like any other freedom, the freedom of speech and expression has to be on the equal footing other social values. The choice of the individual to do as he enjoys even in unimpeachable matters is not absolute. It must time and again surrender to the common good. 

Freedom of the press has to be propitiated with the collective interest of the society, which is known as “public interest”.

The propitiation of the contest between power and free will, between the assertions of diplomatic society and the interests of the individual is a perennial problem of political association which peculiarly continues notwithstanding any variance in the type of Government. So, there are fixed authorized prior restraints and limitations on the freedom of the press, in the collective interest of society. 

Article 19(1)(a) of the Indian Constitution guarantees to all its citizens including media “the right to freedom of speech and expression”. Clause (2) of Article 19, at the same time, provides: “nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable limitations on the exercise of the right conferred by the said sub-clause in the interest of:

  • Sovereignty & Integrity of India
  • The Security of the State
  • Friendly relations with foreign states
  • Public order
  • Decency or Morality
  • Contempt of Court
  • Defamation
  • Incitement to an offence

The meaning of the term ‘reasonable limitation’ has been a matter of judicial discussion. There has been a doubt whether the term ‘reasonable limitation’ is inclusive of ‘total prohibition’. In A.K. Gopalan v. State of Madras Patanjali Sastri J., Kania C.J., and Das J. tried to interpret the term ‘limitation’. Das J. was of the view that the word ‘limitation’ insinuates that the fundamental right is not razed to the ground wholly but passport of it retained. 

Additionally, in reasonable limitations, the test of reasonableness depends upon the nature of the right alleged to have been infringed, the elemental objective of the limitation imposed, the magnitude and gravity of the wrong sought to be remedied thereby, the imparity of the imposition and the subsisting conditions at the time of imposition of aforesaid limitation.

1. Reasonableness of limitations

There are two criteria provided by the Constitution to validate the limitation on the freedoms guaranteed by Article 19(1). Any law restricting these freedoms must meet these two criteria. These are that the limitations must be for a specific aim referred to in the clause allowing the imposition of the limitation on that specific right and the limitation must be a reasonable one. The Constitution doesn’t define the expression “Reasonable Limitations”. The test of reasonableness has to be tried on each individual case and no popular pattern of reasonableness can be laid down or established which applies in all the cases. 

2. Sovereignty & integrity of India

‘Sovereignty and integrity of India’ as one of the base under Article19(2) for restricting the freedom under Article 19(1) (a) was added by amendment. The purpose of the amendment was to endow Parliament with specific power to legislate on this subject without having to face a constitutional dispute for the reason that the legislation was at odds with Article 19(1) (a). The amendment empowered the enactment of laws like the Criminal Law Amendment Act, 1961 and the Unlawful Activities (Prevention) Act, 1967 which made the act or words of any individual or association intending or supporting ‘the cession of any part of the territory of India or the secession’ of the same actionable.

3. Security of the State and public order

‘Public order’, ‘law and order’ and ‘Security of the State’ are not interchangeable expression. These ideas are in the category of three concentric circles, ‘law and order’ constituting the largest circle, inside of which lies the next circle amounting ‘public order’ and inside it rests the smallest circle of ‘security of State’. Thus, an act which disturbs ‘law and order’ may not necessarily disturb ‘public order’ and an activity which may be detrimental to ‘public order’ may not as a matter, of course, disturb  ‘security of the State’. The introduction of ‘public order’ as ground under Article19(2) by the Constitution (First Amendment) Act, 1951 was an effort to get around the repercussions of the decisions of the Supreme Court in Romesh Thappar v. State of Madras. The case was a challenge to Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 wherein the Government of Madras had issued an order forbidding the entry and dissemination of the journal Cross Roads in the State. In viewing whether the disputed Act was created with regards to the security of the State, Patanjali Shastri J. produced a difference between a breach of public order which influences the security of the State and that which involves a breach of a completely local implication.

The Court held that unless a law regulating freedom of speech and expression is hinted entirely against the weakening of the security of the State or its collapse, such a law can’t fall in the limitation under clause (2) of Article 19, even though the limitations which it looks to impose may have been developed broadly in the interests of public order. This ruling was followed by the Supreme Court in the case of Brij Bhushan v. State of Delhi. 

4. Friendly relations with Foreign States

Limitations under this category would comprise of not only libel of foreign dignitaries but also promotion favouring enemies to the system in a foreign state after India has recognised a particular authority in that state, or advocacy supporting war with a state at peace with India. Presently, there’s no distinct regulation on this subject. However, a range of statutes entail limitations on forms of expression which might have an unfavourable effect on friendly relations with foreign states. Statutes controlling media are spelt out in these statutes of the Cinematograph Act, 1952, the Cable Television Networks (Regulation) Act, 1995, and the Right to Information Act, 2005.

5. Incitement of an offence

The Word ‘offence’ is not defined in the Constitution. As per the General Clauses Act, 1897 it means ‘any act or omission punishable by any law for the time being in force.’ So as to pass for as a reasonable limitation under Article 19(2), the law imposing a limitation relating to ‘incitement to an offence’ must relate to prevalent offence i.e. the incitement must be of an act which is, at the time, a punishable offence under existing law. Further, the legislation must be in respect of a definite offence. Sheer consent of or regard for an act of murder or violence doesn’t reflexively come within the extent of this limitation unless the publication itself has an existing proclivity to provocate or encourage the commission of the offence. The court must examine the state of affairs in each case in judging such an inclination, the purpose of the work, the time at which it was published, the class of the people who may read it, the impact it would have on their minds, the milieu in which the words were spoken and the interim between the occurrences narrated and the publication of the work.

6. Morality, obscenity and censorship

The motive underlying this is through this limitation the image of humanity and dignity of women can be sought to be safeguarded in the way media projects it. The society is bound to decompose if elevated degrees of propriety and morality are not sustained. So, limitation on freedom of speech and expression was brought in which may otherwise be favourably misused for intentionally lowering the public morals. According to the Oxford Dictionary, obscene means “offensive to modesty or decency expressing or suggesting unchaste and lustful ideas; impure, indecent.” In Ranjit D. Udeshi v. State of Maharastra, ‘Obscenity’ has been defined by the Supreme Court as ‘the quality being obscene which means offensive to modesty or decency; lewd; fifty and repulsive’. Section 292(1) of Indian Penal Code, 1860 defines ‘obscenity’. Images of women in electronic media, by way of commercial advertisements or themes of serials or in reality shows or repeated show of films, can outright sway the young mind. The internet as an information setup is a vocal apparatus, is viewed as a tool for democratizing speech on a global basis.

7. Contempt of Court

The phrase contempt of court has been defined in contempt of courts Act, 1971. The contempt of court indicates civil contempt or criminal contempt under the Act. The law of contempt of court is for protecting the administration of justice ethical and virtuous. While the dignity of the court is to be maintained at all costs, the contempt jurisdiction which is of exceptional nature should be rarely used. Judges don’t have any established protection from criticism of their judicial conduct, as long as it is made bona fide and is a real criticism, and not any effort to impede the administration of justice. 

8. Defamation

The right of the preservation of one’s reputation is acknowledged as a right in rem, a right good against all the world. A statement is said to be ‘defamatory’ when it injures the reputation of the person to whom it refers and ‘exposes him to hatred, ridicule and contempt’ or which causes him to be avoided or which has an inclination to injure him in his office, profession or calling. Defamation usually takes one of two forms: libel or slander. Libel comprises of the publication of a defamatory statement revealed in a permanent form for instance in a written form, in prints, pictures, statute, waxwork, effigy etc. where on the other hand defamation is oral, or by gestures or in some other transient form, it constitutes the tort of slander. Following are the elements for an act to constitute defamation:

  • The statement must be defamatory
  • The Statement must refer to Plaintiff
  • The Statement must be published by the defendant

Conclusion

It can be concluded that right to freedom of speech and expression is one of the most relevant and important fundamental rights, especially when living in a democratic setup. It includes not only circulating one’s views by words or in writing or through audio-visual instrumentalities but also the advertisements and through any other communication channel. It also entails right to information, freedom of press etc. Therefore, this fundamental right has a wide horizon. From the above case laws, it is apparent that the Court has always placed a broad interpretation on the merit and contents of Article 19(1)(a), making it subjective only to the limitations permissible under Article 19(2). Efforts by intolerant authorities to curb or choke this freedom have always been strongly pushed back, more so when public authorities have deceived autocratic tendencies.

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Teerthanker Mahaveer College of Law & Legal Studies:1st National Legal E-Quiz Competition, 2020

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About The TMCLLS


Teerthanker Mahaveer College of Law and Legal Studies, established in 2010, Under the affiliation with Teerthanker Mahaveer University, Moradabad, (U.P), The College is recognized by Bar Council Of India (B.C.I.) & Approved by U.G.C. The College is situated at Opp.


Parshavnath Plaza, Delhi Road, Moradabad, Uttar Pradesh, India.
College attracts bright young men and women who aspire to meaningfully contribute to the legal profession. The nation needs competent practitioners of law, ensuring the public access to justice. The College of Law and Legal Studies offers multifaceted legal education programs that include: B.A. LL.B. (Hons.), B.B.A. LL.B. (Hons.), B.Com LL.B. (Hons.), and Ph.D. programs
for the research scholars.


For in-depth research, college facilities include a Learning Resource Centre, a well-stocked library, and e-library facilities for journals and articles in digital form. The faculty encourages students to have spirited discussions and debates in classrooms, common rooms, and moot court.
Students become conversant with the complexities of law at the Legal Aid Clinic, and a Social Consultancy Centre. The college, in a short span of time since inception, has become a recognized name in legal education. At the College of Law and Legal Studies, a career-based approach is adopted that delivers client-focused lawyers eager to make a mark in litigation, judicial services, teaching, research, and social advocacy.


Since the law, more than any other profession is about building and nurturing trust, students are inspired to practice high ethical and moral ideals to meet professional responsibilities. The college emphasizes on learning through application and practice and provides opportunities to
study law through practical exposure. Students are encouraged to learn skills essential for the legal profession – legal communications, effective negotiations, litigation strategies, mediation, conciliation procedures and processes, and global legal best practices.


The comprehensive internship program at the College covers the whole range of legal services –civil practices, social advocacy, corporate law, traditional dispute resolution mechanisms, and modern alternative dispute resolution systems. The college is dedicated to contributing to the
the profession of law in an evolving local and global environment.

About The Quiz


Teerthanker Mahaveer College of Law & Legal Studies proudly announces its 1st National Legal E-Quiz Competition to be scheduled on 25th July 2020. We bring this quiz competition for you to enhance and add to your existing legal knowledge. We expect to make it an enjoyable and enriching experience for all during this Pandemic Condition of Whole World.


The Quiz is Organized Online so it is very easy to all for participation in it. The Quiz will contain only Multiple Choice Questions. The participants can participate in the quiz from any place with the use of Computer, Laptop or Mobile Phone with an internet connection.

Theme of the Quiz

The Legal E- Quiz contains Current Affairs, General Knowledge & Some Basic Law Questions from many Laws.

Eligibility

The Quiz Competition is open to all below given categories:
▪ Any Under Graduate & Post Graduate Law Student of a University/ Institution
recognised by UGC.
▪ Law Entrance Exams Aspirants.
▪ Civil Services Exams Aspirants.
▪ Judiciary Aspirants.
▪ Law Professionals.

Rewards

• Top 3 Winners will be awarded with the Certificate of Excellence and
Cash Prizes.

  1. Cash Prize of Rs. 1000
    (The Winner also get a Auspicious Opportunity to write and get posted a totally
    free blog as a guest blogger on the portal of Lexpeeps.in.)
  2. Cash Prize of Rs. 700
  3. Cash Prize of Rs. 500
    • Top 10 Winners will be awarded with the Certificate of Merit.
    • All the Participants will be given Certificate of Participation.

Registration Fees

There is no Registration Fees.
Format of the Quiz
▪ The mode of Conduct of the Competition will be online via Google Forms.
▪ The Quiz will Contain only Multiple Choice Questions (M.C.Q’s).
▪ The Quiz includes Total 40 Questions of M.C.Q. Type.
▪ Every Question carries 01 Mark.
▪ Every Question has 4 Options, Participant has to choose one of them.
▪ There will be no Negative Marking.
▪ The aggregate will be evaluated from Total 40 marks.
▪ If there will be a Tie, Participant who submitted their Answers Earlier get the Higher Rank.

Important Guidelines

▪ The Link for the Quiz will be sent to you through Whatsapp.
▪ Only Individual Participation is allowed.
▪ The Confirmation of Registration will be sent once the participant registers itself.
▪ The Total Time to attempt these Questions will be 20 Minutes.
▪ If any participant does not attempt the quiz after the registration, Certification of
Participation will not be provided.
▪ To avoid any inconvenience the participants are advised to be ready 10 minutes before the
commencement of the quiz.
▪ Any type of Malpractices can’t be Entertained.
▪ If any participant found to be indulged in any Malpractice & Misconduct during the Quiz
their Registration shall be cancelled.
▪ No complaint regarding the network issues during any stage of the Quiz will be entertained.
▪ In case of any Dispute, the decision of the TMCLLS shall be final.

Important Dates

▪ Last Date of Registration- August 2nd, 2020 (Sunday)
(Till 11:59 P.M.)
▪ Date of Quiz Competition- August 4th, 2020 (Tuesday)(05:00 P.M.)

Registration Form

Participants have to fill the Registration Form, The Link for the Registration Form is given
below:

https://docs.google.com/forms/d/e/1FAIpQLSdIDHrLwKAspCB_eGKwjkrmgOqFHgt3_0O0xlqjeL4TMIimuA/viewform

“Rights of Arrested Person” Sacrosanct Rights

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Author Mansi Malik,a fourth-year law student at Lovely Professional University, Phagwara, she is currently interning with Lexpeeps.in

“The article parlance about the rights of the arrested person in the Indian Constitution and code of criminal procedure.

INTRODUCTION

Indian Constitution was presented to the nation on 26th January 1950. Indian Constitution is known as the supreme law of the land, a bag of borrowings. It lays down the principle and framework of government. Indian Constitution lays down salient features, for instance, Codified law, The Largest constitution in the world, Amendment combination of rigid and flexible, Parliamentary form of government, and Federalism. Fundamental Rights are stated in part III from an article (12-35) Article 22 of the Indian Constitution lays down the Fundamental Rights of an arrested person. Article 22 upholds the dignity, equality and unity to the nation.

Fundamental Rights are inherited from America. It prevents Despotic rule in the country.

Rights of Arrested Person

ACCORDING TO A.C DICEY THE CONCEPT OF RULE OF LAW, NO PERSON SHALL BE ARRESTED UNLESS A BREACH OF LAW.

  • In respect of other rights, basic rights, for instance, right to live with dignity, right to practise freedom of religion, right to equality similarly, The Indian Constitution provides the right of the arrested person.
  • No person shall be arrested or detained unless proven guilty, the unlawful arrest of any person within the territory of India is abridged, contravene or violation of article 21 (Fundamental Rights)
  • According to the right guaranteed under article 21 that speaks about no person shall be denied the right to life and personal liberty except the procedure laid down by law. This means the process/ procedure of law must be fair and reasonable.
  • Rights of arrested persons are provided in Indian Constitution and The Code of Criminal Procedure 1973.

Rights of Arrested Person under in the Criminal Code

  • According to section 50, it states that No authority shall arrest a person without a warrant if it does so the authority must disclose the reason, or for what offence the person is being arrested with specific grounds. It is the procedure which binds the police authorities to follow such rule, regulation. Thus, the duty laid down under section 50 of Crpc shall not be abridged.
  • Section 50A, of the code of Criminal Procedure laws laid down the procedure any Police authority arresting any person, must inform its relatives or to the person who has an interest in such arrested person. The duty cannot be refused by the authority.
  • According to section 55, The arrest of any person done by a junior police officer without a warrant must disclose the arrest, and the grounds to the arrested person.  The arrested person must be produced before the magistrate without any delay.
  • The police official must furnish the warrant, to notify the grounds of arrest according to section 75 of the code of criminal procedure1973, 
  • Section 76 of the criminal code states that it is the right of an arrested person that he shall be produced before the magistrate within 24 hours. Duration of the journey must be excluded.

Right to be Released on Bail

  • In non-cognizance offences, the arrested person has the right to be released on bail by furnishing security, sureties as per section 50 (2) of the code of criminal procedure

Right to Fair Trial

  • The Indian Constitution lays down the procedure of fair trial as it is the nature of preamble. Absence of privilege in favour of any person stated in the rule of law. The Judiciary has laid down the various landmark judgments regarding the fair trial. Article 14 states Equality before the law and equal protection of the law. 
  • Equal treatment under equal circumstances. Speedy Trial must be upheld in the landmark case Hussainara Khatoon v. Home secretary. It was held that the trail must be disposed of as earlier as possible.

Right to Consult Lawyer

  • According to Article 22 of the Indian Constitution, every arrested person has the right to defend his case and consult a lawyer of its own choice. for any offence/ crime committed by him to prove him innocent or guilty.
  • During the period of Interrogation, the accused has the right to consult the lawyer according to law provided under section 41D of the code 1973.
  • According to section 303, even if the criminal trial has proceeded against the accused person. The arrested person has the right to consult a lawyer.

Right to Legal Aid

  • Right to provide free legal aid to needy people established under article 39A of the Indian Constitution. Khatri v. Bihar, it was held that the state (Article 12) must lay down the free legal aid to the poor. The right to free legal aid is a fundamental right it shall not be refused.
  • In section 304 of the code of criminal procedure, right of an arrested person, who is to appear before the district session court must provide with free legal aid to poverty-stricken it must not be refused.

Right to Remain Silent

  • According to section 20(2), No accused shall be compelled to be a witness against itself if the arrested person remains silent it doesn’t mean the. The arrested person gave confession and was held liable to be guilty in Nandini Satpathy v Dani.
  • Arrested person cannot be forced/ compelled to speak during interrogation by police officials.

Right to Medical Examine

  • Section 54 of the criminal code 1973, It is the right to an arrested person to get his/ her medical examination in order not to defeat evidence. And to ascertain the facts for the commission of the offence alleged.

Types of Arrest

  • Arrest made by police officers in pursuance of a warrant issued by the magistrate
  • Arrest made by police officers without pursuance of a warrant
  • For both arrest procedure, the Rights of Arrested person is similarly provided under the Indian Constitution, 1950 and the Code of Criminal Procedure, 1973. It is the nature of preamble even the rights of the accused must be sacrosanct. Article 20(3) provides the right against self discrimination and the arrested person have rights to know the grounds of its arrest.

Judiciary Aspects in Right of Arrested Person

  • Determining elements were laid down by Madras High court: –
  • Roshan beevi v. Joint Secy – There must be a competent authority to arrest the person, there must be a breach of the law, detention of the arrested person must not be unlawful. There must be actual confinement of the arrested person.
  • Khatri v. The state of Bihar – The supreme court held that it is the right of an arrested person to get free legal aid to poverty-stricken people. it is one of the fundamental rights which cannot be deprived.
  • Joginder Singh v. State of Uttar Pradesh- Grounds of arrest were laid down in code of criminal procedure 1973, in section 50(1) right to know the grounds of arrest even if arrested without a warrant.
  • Detention must be lawful. The arrested person must be produced before the magistrate within 24 hours of the arrest excluding the journey time. D.K Basu v. State of West Bengal
  • Husssainara Khatoon case – Supreme court held that there must be a speedy and explicit trial, delay of justice must not be the excuse. The trial must be done as per the procedure laid down in the code of criminal procedure

Additional Rights of Arrested Person

  • According to section 358 of the code, 1973. As per the principle of Natural justice, the unreasonable arrest of the person must compensate him.
  • Police officials must notify the arrested person about the offence if it is cognizance offence as per section 46 of the code.
  • Authorities shall not the cause death of the person to arrest him except if the offence done by him is punishable with death
  • Unlawful detention is against the law according to section 49 if any police officials do so shall be punishable for contempt of court.
  •  In section 41B Every investigation, interrogation, the examination must be clear and visible. officials must make attempts to arrest even if the accused is trying to escape.

CONCLUSION

  • Still, in the 21st century, there have been illegal arrests done at high peek, whether it is detention or counter. Police have taken the authority of the judiciary in its hand and irrespective of many attempts to arrest it uses the power and continues the counter arrest, or unlawful confinement or custodial deaths. Fundamental human rights are provided under the Indian constitution to deprive such unlawful acts. Thus, it is the high time to protect and lay down the stringent guidelines to respect the violation of article 21 and protection against the right to arrest.

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Effects of Corruption on Socio-Economic Rights

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This article is written by Bhavna Arul, a fourth-year law student from Symbiosis Law School.

INTRODUCTION

In the 21st century, the word corruption has become a part of our daily lingo. The issue of corruption has affected nations around the world and as of today, it has become a political tool used by parties during elections and a medium for minting money for the media. The causes of corruption in India include excessive regulations, complicated tax and licensing systems, numerous government departments with opaque bureaucracy and discretionary powers, monopoly of government-controlled institutions on certain goods and services delivery, and the lack of transparent laws and processes. India gained its independence from the British in the year 1947, and corruption has been a part of the Indian Government since then. Historically, corruption in India started as a result of menial pay to Indian bureaucrats during the pre-independence era coupled with poor economic growth and hyperinflation during the initial years of independence. Corruption has since then been a major threat to India’s social, economic and political growth. Despite being an issue of public importance for over 50 years, the government has failed to take up any effective measure to curb corruption. 

What is corruption?

Corruption can be defined as the act of fraudulent conduct by a person of power for personal benefit. It can include activities like bribery, embezzlement of funds, tax frauds, unethical enforcement of power, etc. Today corruption can be found in almost all organizations, however, it becomes a matter of serious concern when it comes to corruption in the government. Corruption hampers the very foundation of good governance. A corrupt political system would lack transparency, accountability and efficiency. The principles of rule of law and separation of powers would be disregarded in a corrupt political system. Corruption is a major threat to democracy. India constitutionally is recognized as a welfare state, however, high corruption levels have hindered this concept and citizens are unable to reap the benefits or see the full potential of such welfare programs introduced by the government. Corruption in the government has both, a direct and indirect impact on the socio-economic conditions of a country and is a direct infringement of socio-economic rights.

Effect of Corruption on Socio-Economic Rights

Socio-economic rights include all factors such as quality education, minimum wages, good healthcare, better infrastructure, etc. The constitution talks about the importance of socio-economic rights in the Directive Principle of State Policies. In a developing country, citizens must be empowered with these rights and the government must take all measures to safeguard these rights. In an ideal welfare state country, the government introduces policies under various heads such as housing, education, health care, sanitation, etc. 

The DPSP’s were framed to act as a tool of guidance for good governance. It acts as a handbook to the legislative by highlighting major social issues that laws should be made on. It covers all socio-economic rights given to the citizens and highlights the duty of the government to make policies that safeguard these rights. India being a welfare state country, can hold the government solely responsible for poor implementation of socio-economic welfare programs that lead to the staggering economic and social growth of the nation. 

Corruption in the government leads to multiple socio-economic issues such as poor infrastructural development, suppressed media, increase in poverty, substandard health and education facilities, favouritism in jobs, etc. Ironically most of the effects of corruption are also the reason for corruption leading to an unbreakable vicious cycle of corruption that is getting worse over time and poisoning the fruits of democracy.  

Issues in the Current Methods of Fighting Corruption

There have been various methods and suggestions provided by the government to curb corruption. The most popularly known suggestion is the concept of having an ombudsman or a unanimous body keeping a check on the government officials. At the national level, this concept has failed due to the numerous occasions of rejecting the Lokpal Bill.  

A few states such as Maharashtra, Karnataka, Gujarat, Tamil Nadu, etc. have an established system of Lok Ayukta. However, many states are yet to implement Lok Ayukthas, and in those states that it has been implemented, the mechanism of the system is poor and has multiple loopholes. Most states also have an anti-corruption board which investigates and reports matters of corruption to the Chief Secretary of the State. The issue with this, however, is that the anti-corruption board and the Lok Ayuktas work separately and hence often have a clash with one another.

The 2016 note-ban was a brave but poorly coordinated move by the Indian government to reduce corruption. It strived on controlling black money and regulating corruption. This move seemed to have temporarily put a stop on corruption, however, it caused more economic panic amongst citizens and its effect on corruption soon wore out.  

The key reason India lags in terms of socio-economic justice is because of the lack of justiciable enforcement of DPSPs. Most cases relating to health and education are generally brought under the purview of A.21 of the Constitution- Right to Life and Personal Liberty. This narrows the scope of socio-economic rights when compared to those rights provided under the DPSPs and almost has no impact on reducing corruption.

Conclusion

India in 2020 has slipped down the Corruption Perception Index from the 78th rank in 2019 to the 80th rank in 2020. This indicates the ineffectiveness of the anti-corruption programs and policies, leading to higher corruption rates. With the new economic crisis India is facing in 2020 along with various natural disasters across the country, it is highly essential to bring about an immediate full stop to corruption. A couple of important reforms to curb corruption are as follows-

  1. A stricter RTI Act that has no scope for secrecy and increases transparency.
  2. One common, unanimous system for corruption checks that is uniformly applied throughout all states and at the central level.
  3. Give DPSP’s the same importance as Fundamental Rights in terms of enforceability. 

With the right implementation of these reforms, corruption in India will be drastically reduced, at least till new loopholes in the law are found.

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Preventive Relief under the Specific Relief Act

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This article has been written by Shivani Kumari, a first-year law student of Lloyd law college. The article enunciates about the preventive relief under part 3 of the specific relief Act, 1963.

INTRODUCTION

Specific Relief Act as the name suggests is an Act which deals with the recovery of damages for some specific purpose. Damages can be in monetary form or injunction. This is one of the branches of the Indian contract Act, 1872. 

The Act came into force in 1963 intending to provide relief on the damages of the injured person. The injured person can approach this Act only when the other party withdraws himself from the performance of a particular promise causing damage to the plaintiff.

Specific Relief Act

Specific relief Act deals with something specific i.e. an exact, particular, or determined relief. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of a contract. According to section4 of this Act, Specific relief can be granted only to enforce individual civil rights and not for the mere purpose of enforcing a penal law. This remedy is available for those whose contractual rights or civil rights have been hampered and the damages for the same cannot be measured in monetary value or the monetary compensation would not suffice.

Remedies under Specific Relief Act

  • Recovery of possession of an immovable property
  • Recovery of possession of the movable property
  • Specific performance of the contract
  • Rectification of contract
  • Rescission of contract 
  • Cancellation of an instrument
  • Declaratory decree
  • Injunctions

Injunction

An Injunction is an order or decree by which a party to an action is required to do, or restrain from doing a particular thing. It is a judicial process and can only be passed by the judge of a hon’ble court.

Preventive Injunction

Preventive relief is a specific relief from the court which prevents or restricts the party from performing certain specific acts, for which the relief shall be prescribed. Such reliefs can be mainly imposed in the form of injunctions. Preventive injunctions are mentioned under part3, section 36to44 of the specific relief Act, 1963. It may be divided into different types namely temporary, perpetual, and mandatory injunctions. All these injunctions are passed only by the discretion of judges of the hon’ble courts.

Temporary Injunction

Section 37(1) of the Specific Relief Act, deals with the concept of  temporary injunction. It is an injunction where the court orders a party to perform an action or to restrain from acting. It is interim by nature as it is issued for a specific period of time or until the further order of the court. A Temporary injunction can be granted at any period of the suit i.e. it can be granted on the very first day of the trial or maybe in the middle of the proceeding but can only be granted by the discretion of the judge. This happens because in such cases the objective of the court is to preserve the matter in the status quo until the case can be tried. It is governed by order 39 under code of civil procedure. A Temporary injunction can be prayed by the plaintiff by attaching an application for the same. There are some essential conditions of a temporary injunction. They are-

Prima facie case

It means by seeing the application for the very first time, the court wants to preserve the matter, a temporary injunction can be granted.

Irreparable loss if an injunction is not granted

The amount of loss is calculated and based on that it is determined that the loss suffered by the plaintiff is irreparable and cannot be fulfilled by monetary compensation only.

Balance of inconvenience if an injunction does not issue

It checks on the inconvenience suffered by the parties in terms of loss and according to the same it grants an injunction.

Perpetual Injunction

Section 37(2) of the specific relief Act, deals with the concept of the perpetual injunction. It is the final or permanent order of the court which is passed or granted by the decree i.e. after a full hearing of the suit or upon the merits of the suit. This injunction determines the final rights of the parties involved. It is governed by the provision of the Specific Relief Act. It is permanent by nature. Perpetual injunction is granted mainly by three provisions which are stated under section 38 of the Specific Relief Act. These provisions are as follows-

  • A perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

This is granted by the court, only when, the court satisfies that the plaintiff has the right and the defendant is infringing that right by breaching his duties, enforceable by law. This is the last option left with the court, if the bench can take any other remedy then this remedy would not be granted.

  • When any such obligation arises from a contract, the court shall be guided by the rules and provisions contained in Chapter 2.

Chapter 2 of the Specific Relief Act deals with the special performance of a contract. If there is an obligation arising out of a contract and one party is specifically not performing that obligation then the court will follow the rules and regulations of chapter2.

  • When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
  1. Where the defendant is a trustee of the property for the plaintiff
  2. Where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
  3. Where the invasion is such that compensation in money would not afford adequate relief
  4. Where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Mandatory Injunction

This injunction is quite similar to the perpetual injunction but, as stated under section 39 of the Specific Relief Act, the court grants this injunction not to prevent any action by the defendant but to perform a certain specific action and to prevent a breach of contract by any such act of the defendant. It is a positive injunction. The action taken must create an effect on the object and it must eventually lead to the same object as it was before the breach.

For instance- X and Y are neighbours. Y builds a building adjacent to X’s building. The act stopped sunlight from entering X’s building. Here X can sue Y under specific Relief act and can claim for a perpetual injunction so that Y cannot do this act again and can claim for a mandatory injunction so that Y can break this building and ultimately come to the situation before this act.

To grant a mandatory injunction, the court sees that the plaintiff has claimed it at an early stage so that it can be stopped. If it is claimed at a very later stage then the defendant can also claim for damages.

Damages Instead of, or in addition to, Injunction

  • The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to or in substitution for, such injunction and the court may, if it thinks fit, award such damages.
  • No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint: Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.
  • The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach

Injunction when Refused

There are certain conditions in which the injunctions cannot be granted. It can happen if it leads

  • To restrain any person from prosecuting a judicial proceeding.
  • To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
  • To restrain any person from applying to any legislative body;
  • To restrain any person from instituting or prosecuting any proceeding in a criminal matter;
  • To prevent the breach of a contract the performance of which would not be specifically enforced;
  • To prevent, on the ground of nuisance
  • To prevent a continuing breach in which the plaintiff has acquiesced;
  • When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust
  • When the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;
  • When the plaintiff has no personal interest in the matter.

CONCLUSION

A small change can give immense relief. Specific Relief Act,1963 has a set of remedies and reliefs given to the parties of the suit. The act of Specific Relief aims to provide justice to all and not inequitable favouring a single party. This Act grants relief for the infringement of civil rights and not for any penal laws. You cannot go back and change the beginning, but with specific Relief Act, you can start now and change the ending.

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Honour Killing

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This article is written by Akshat Mehta, a student at  the Institute of Law, Nirma University, Ahmedabad, Gujarat

INTRODUCTION AND MEANING

The term Honor killing is also termed sometimes as ‘Shame Killing’. Both men and women are the victims of Honor Killings but over the period of time secondary data suggests that females are the primary and most victims of Honor killings. The term ‘Honor’ in itself is somewhat confusing because it points towards crimes such as ‘Honorable’. The term purposefully indicates that such crimes are the product of the culture, customs and traditions, societal norms, community values, mores and folkways and legal sanctions by the community or society. 

Honor Killing is widely criticized by Human Rights activists and advocates of hardcore feminism. Human rights activists often compare Honor Killings with ‘Crimes of Passion’ in the context of Tort Law it is equivalent to the tort of ‘Grave and Sudden Provocation’, which justifies even death if caused due to sudden outrage and provocation. However, the feminist perspective questions these killing in a way that it is an assault on a woman’s autonomy which attempts to have a hold over female’s sexuality and her choices regarding sexual autonomy.

CHARACTERISTICS OF HONOR KILLING

The main characteristics of Honor Killing are:

  • Honor Killings are often organized by family members and sometimes by the official ‘family council’. 
  • Threat of death is usually used by the perpetrators to control the behavior of victims in regard to marriage by choice and freedom of sexual intercourse. 
  • Family members used to do Honor Killings in order to avoid social stigma and community pressure and also to avoid having a negative image in the tight-knit communities. 
  • Such killings are widely supported by the community in which it is practised and often considered as a matter of pride. 

METHODS USED IN KILLING

The most commonly used techniques or methods for killing are stabbing, hanging, burning, stoning, beating, throat slashing, acid attacks, beheading, strangulation and shooting. Such methods of killing are used in public so that a perfect example could be set amongst others and also a deterrent effect could be made. 

COMPARISON WITH OTHER FORMS OF KILLINGS

Honor Killings are often compared by feminists with other gender biased crimes like Dowry Death, Gang Rapes, Sexual Assault, Sexual Molestation and Criminal Force against Woman. On the other hand by the advocates of Human Rights it is also compared with ‘Crimes of Passion’.

Sometimes it is also compared with the earlier Doctrine of ‘Blood Atonement’ which was practiced in the history of Mormonism in which a sinner was killed in such a way that his blood would fall on the ground which would be considered as a sacrifice. 

INTERNATIONAL RESPONSE TO THE CRIME

Honor killings are widely criticized worldwide as a violation of Human Rights. Some of the international organizations which criticized Honor Killings are:

  1. The United Nations General Assembly adopted resolution 55/66 by the name “Working towards the elimination of crimes against women committed in the name of honour”.
  2.  As per the World Health Organization (WHO) “Murders of women to ‘save the family honour’ are among the most tragic consequences and explicit illustrations of embedded, culturally accepted discrimination against women and girls.”
  3. Article 42 of the Council of Europe Convention on preventing and combating violence against women and domestic violence recognizes Honor killings as ‘Unacceptable justifications for crimes, including crimes committed in the name of so-called honour’.
  4. The United Nations Office on Drugs and Crime (UNODC) also recognizes Honor Killing as illegal and prescribes various guidelines to eradicate the crime from the grass root. 

HONOR KILLING IN INDIAN CONTEXT

In India Honor Killing is prevalent mostly in Haryana, Uttar Pradesh, Rajasthan, Punjab and Tamil Nadu. In states like Gujarat and Maharashtra it is practiced only in some parts while, in the state of West Bengal it was completely eradicated almost two decades ago. In India Honor killings are done if children or a member of a particular community marry or had a sexual intercourse with the person of another community (outside that community) and the community norms doesn’t allow to do so. 

The problem in India with regards to Honor Killing is that cases were under-reported and neither print nor electronic media has the exact data regarding Honor Killings. Also in India we don’t have any specific provision of law or act which deals with the issue of Honor Killings, mostly this issue is dealt in the provisions of IPC, CrPC and Constitution of India. The National Commission for Women, National Human Rights Commission and sometimes National Commission of Scheduled Castes and National Commission of Scheduled Tribes have some reported data related to Honor Killings. As per India’s NCRB data report there was only 1 reported case of Honor Killing was there in 2018 in Delhi and also in 2017 there was only a single reported case was there from Gujarat, while there was not a single case reported from the state of Tamil Nadu. However, some NGO’s and investigative agencies claimed that there are more than 195 cases were in the last five years occurred only in the state of Tamil Nadu and there are almost more than 8000 cases of Honor Killings were there in this decade.

VIOLATION OF RIGHTS AND PROSECUTION  

In India, Honor Killing is not explicitly declared as a crime as India doesn’t have any statute or law which specifically prescribed punishment for the crime of Honor Killings but the prosecution could be done under Indian Penal Code and also principles of Constitution could be made applicable in order to start proceedings against the offenders of such crime. 

Under Article 32 of Constitution of India (Right to Constitutional Remedies) the victim and his/her family members could approach the Supreme Court for the violation of ‘Right to life and personal liberty’ under Article 21 and ‘Right to freedom’ under Article 19(1). 

As per Section 300 and 302 of Indian Penal Code offenders of Honor Killings could be held liable for Murder and could be punished with death or life imprisonment respectively. 

Specifically if any woman or girl becomes the victim of honor Killing then offender could be made liable under Section 354 of IPC which prescribes Punishment for ‘Assault or criminal force to woman with intent to outrage her modesty’. Also offenders could be made liable under Section 509 of IPC which prescribes punishment for ‘Word, gesture or act intended to insult the modesty of a woman’.

LANDMARK CASES RELATED TO HONOR KILLINGS

  1. Smt. Chandrapati vs State Of Haryana And Others (aka Manoj-Babli Case): In June 2007, Manoj and Babli, from Karora village in Kaithal district, were fatally murdered by Babli’s family and relatives. The cruel act was committed on Khap Panchayat’s orders for marriage in the same gotra. Two decomposed bodies were recovered in Hisar on June 23 from the Barwala branch canal. Further investigation provided startling details. The pair had been asked to consider each other as brother and sisters. They resisted and instead pesticides were forcibly administered to them. They were strangled to death and their bodies were dumped into the river. Later on, the death sentence to the offenders of the victims was commuted in life imprisonment by the Punjab and Haryana High Court to which one Dr. Sangwan said “Apart from the fact that two innocent children were killed mercilessly and brutally, it was a crime against society and hence was ‘rarest of rare’ in nature. Unfortunately, very few cases of Honor Killings come to light and even fewer reach the courtroom. But if Justice is curbed like this; Khap panchayats are above law.”
  2. Shakti Vahini v. Union of India (2018): Writ petition has been documented under Article 32 of the Constitution of India looking for bearings to the respondents-the state and the local governments to find a way to battle Honor Crimes, to present a National and State Plan of activity to check wrongdoings of the said nature and further to guide the State Governments to establish exceptional cells in each locale which can be drawn closer by the couples for their security and prosperity. Additionally, supplications have been made to give a writ of mandamus to the State Governments to dispatch indictments for each situation of Honor killings and for taking fitting measures so all such Honor Crime and installed evil in the mentality of specific individuals from the general public are managed suitably. 

In this case, there were two issues raised;

[1]. Whether an individual has a right to choose the life partner of his/her choice?

[2]. Whether Honor Killings undertaken by Khap Panchayat’s are legal?

The Court held that honour-based violence is not only a matter of criminal law but also it is contrary to the fundamental rights of Right to dignified life and Right to freedom of Speech and Expression under Article 21 and Article 19(1)(a) respectively. The court in this case also held that “the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into wedlock. Moreover, any communal body that commits, or attempts to commit, any crime in the name of honour against such a couple will be held liable under the Indian Penal Code. The court also laid down certain preventive, remedial and punitive measures that must be implemented by the governments to safeguard the said right of the individuals.”

CONCLUSION: A NEED TO BRING CHANGE IN MINDSET

There is a serious need to rethink and reevaluate unfair, arbitrary and conservative communal practices. Practices such as Blood Atonement, Dowry and Sati were abolished and avoided by the society over the period of time and in the same way the practice of ‘Honor Killing’ is to be eradicated from the society. We are living in the 21st century and on a serious note there is a necessity to come out of such social structure which is pulling the world back towards deterioration. 

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Constitution & Corruption

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This article is written by Sambavi Marwah, a fourth-year law student, from Delhi Metropolitan Education, GGISPU.

INTRODUCTION

This article talks about corruption and its influence on the provisions of the Indian Constitution.  It gives a fair understanding of corruption, laws to prevent it and its impact on Governance and Socio-Economic Rights as well.

Meaning of Corruption

Corruption can be defined as the dishonest behaviour of a person, who uses his position or power to engage in illegal activities like taking bribes, money laundering, defrauding investors, embezzlement etc. Corruption not only affects the people involved in the illegal transaction but also hampers the economy, public relations and escalates discrepancies in the income.

Corruption has in some way become a way of life, which makes it easier for people to earn fast money and get their things easily done without any fuss. Thus, the act of corruption can tempt anyone, whether a politician, a corporate entity or a professional like a lawyer or an accountant.   

Laws Laid Down to Prevent Corruption

In India, the laws which deal with corruption are as follows:

  • The Indian Penal Code, 1860
  • Prevention of Corruption 1988
  • Lokpal and Lokayukta Act, 2013
  • Prevention of Money Laundering Act, 200
  • Service rules for people working under the government (government officials)

Effect of Corruption  

Corruption not only affects the individual but also the society and the economy at a large scale. It affects the society by hampering the quality of services being provided, leads to chances of unemployment, illegal activities of corruption leads to injustice, lack of faith in the government officials, etc. 

Engaging in corruption not only affects the society but also the economy as activities such as accepting bribes, insider trading or money laundering curbs the growth of the person which leads to delay in the economy’s growth, low literacy rate, thus exposing the economy to a currency crisis. 

Constitution and Corruption  

The Constitution is known to be the supreme law of the nation. India’s constitution lays down various fundamental rights, fundamental duties, directive principles, etc. to protect the rights of the citizens of the state. The main essence of the Indian constitution is the provision of equal opportunities and justice to the state and its people. 

The Fundamental Rights mentioned in Part III, protect the interests of the citizens, whereas the Directive Principles of the State Policy (Part IV) guide the state to function properly and ensure justice to the people. 

The basic definition of rights is the entitlement of a human being to have or to do something. It is the duty of the government to protect the basic legal rights of citizens in order to provide justice and maintain equality. 

There are for types of rights:

  • Political rights
  • Social rights
  • Economic rights and 
  • Cultural rights

Social justice is the main one of the basic structure of the Indian Constitution. It is enshrined in the Constitution in the form of Directive Principles of the State Policy, which lay down the social and economic conditions for the citizens to live a good life and provide the guidelines for the states to make laws and policies for the welfare of the nation.

Corruption & Governance

Corruption which is said to be a termite in the system has a great impact on the governance of the state. A nation works for the welfare, development and growth of the citizens. It is an obligation for the country to protect an individual’s rights, in order to help the economy rise and shine. Good governance requires transparency, which may lack if the public servants or the people working in organizations fail to follow.

The practice of corruption exists at different levels, money being exchanged under the table or a person accepting bribes can be found at various level of an organization, whether a public or a private one. It sometimes creates a system where money or power determines access to the services and who receives it. Once it is found that an official accepted a bribe to get the work done, it makes the citizen lose his faith and belief in the working of the system.

Corruption can reach many levels of governance and hamper all its aspects to a great extent. A politician distributing money to the poor in the name of getting elected, an inspector accepting money or a judge giving the judgment in the favor of a criminal are a few examples where corruption has a great impact on governance. Therefore, controlling the practice of corruption is important to achieve good governance and maintain the trust and faith of the people.

Corruption & Socio-Economic Rights

Social and economic rights are the rights which provide protection for the well-being of an individual. These rights help to maintain one’s dignity and ensure the provision of justice to all the citizens.

Examples of Socio-Economic Rights:

  • Right to education
  • Right to adequate living
  • Right to fair wages
  • Right to health, etc.

Corruption negatively impacts the enjoyment of all social and economic rights. It creates loopholes in the working of the government sectors. The state is said to be the protector of the human rights as it provides legality to such rights and makes sure that justice is not denied to any individual, whether rich or poor, male or female, young or old, etc.

It impacts the ability of the State to protect and fulfil its human rights obligations and to deliver relevant services, including a functioning judiciary, law enforcement, health, education, and social services. 

Therefore the fight against corruption is not only an individual’s concern but also a major trouble for the society as it damages the well-being of various sectors of the society. It acts as a hindrance in the route to achievement of growth and development of an individual. 

CONCLUSION

Corruption is one of the main reasons as to why people do not have faith in the system. It not only affects the people involved in the illegal transaction but also hampers the economy and public relations. It is evident that corruption results in discrimination and has a negative impact on the governance of the system. To completely curb the problem of corruption, strict actions should be taken against the people being involved in such cases. 

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CFP@JLSR [VOLUME 1, ISSUE 4] : SUBMIT NOW!!!

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ABOUT THE JOURNAL

Journal for Law Students and Researchers [JLSR]  is an Online Journal with ISSN[O]: 2582-306X and 8 indexings, which is quarterly, Peer-Reviewed, published online and JLSR seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays in the field of Law.

JLSR welcomes contributions from all legal branches, as long as the work is original, unpublished, unplagiarized and is in consonance with the submission guidelines.

NATURE OF CONTRIBUTIONS

  • Articles: An article must conduct a complete analysis of the area of law, which the author seeks to highlight. It must contain a comprehensive study of the existing law with the suggestions and conclusions of the Author. Word Limit being 1,100 to 4,000 words.
  • Notes: A note is a relatively concise form of an argument advanced by the author. The focus of a note should be on a relatively new debate or controversy regarding the interpretation or implementation in the law. Notes shall primarily highlight contemporary issues, which need to be addressed, and the authors are expected to offer a solution. The maximum word limit for a manuscript in the form of note is 1,500-2,500 words.
  • Comments: A comment is where the author may decide to critique any recent/landmark judicial pronouncement or any recent legislation or bill before the Parliament or State Legislature. The word limit for a comment is 2,000-3,000 words.
  • Book Review: A Book Review is where the author identifies the central idea of the book, gives the reader indication of the author’s style, approach, or premises, and then offers an overall evaluation adding suggestions and latest amendments to the given laws in the book. The word limit is from 2,000-3,000 words.

DATES

  • Last date for full paper submission: 1st Septembern, 2020 (Submissions should be made in Word Doc.)
  • Intimation of the selection of Full Paper: Within 2 days of submission.

SUBMISSION GUIDELINES

  1. Citation Format: The citation format to be followed is The Bluebook (19th Ed.)/Any Standard Format.
  2. Abstract: Every submission should be accompanied by an abstract of 250-300 words describing the relevant conclusions drawn in the manuscript.
  3. Biographical Information of Authors: Details with biographical information of the authors must be given in the footnote of Author’s Name including the following details: Post, Email address, Name of Institution, Course (if applicable), Academic Year.
  4. Papers with plagiarism less than 25% are only eligible for publication.
  5. Font Style: Times New Roman and font size 12.

PUBLICATION FEE

Single Authored: 800/-

Co-Authored: 1000/-

MODE OF SUBMISSION

Submission of the full article/paper along shall be made by sending an e-mail at editor.jlsr@gmail.com.

CONTACT INFORMATION

9136804644

E-mail: jflsrjournal@gmail.com

The website link is here.

RegardsJOURNAL FOR LAW STUDENS & RESEARCHERS [JLSR] Team FB : https://www.facebook.com/JLSR2019/ 

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Legal Views In Association With Advocate Neerja Sharma Presents Certificate Course On; Basics Of Basics Real Estate Law; (With Live Interactive Classes)

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ABOUT LEGAL VIEWS

Legal View is an online platform established with an aim to make the law
accessible to all. It has been established and started to impart basic legal
knowledge to everyone.
Legal Views is dedicated to providing various avenues for the expression and enrichment of the ideas of people associated with various fields of study.
Having on board, partners and other members with expertise in their respective fields, we aspire to cater to the diverse learning needs.
This is an open-access blog which gives a platform to the young budding minds of the legal fraternity to share their creative legal thoughts and thereby giving them the opportunity to broadcast their ability and skill in legal writing. The website also offers opportunities in the form of competitions and events. Online certificate courses offered will provide in-depth knowledge of the subjects covered. Here, we aim to create a platform where there is a constant flow of ideas on contemporary legal issues.

ABOUT THE COURSE

The course consists of 5 modules relating to Basics of Real Estate Regulation
and Development Act, 2016. It briefly explains the position of Real Estate Law in India.
The language of the course is simple and easy to understand. The nature of the course is descriptive with latest and lives cases. It also provides for the live case discussion and question-answer session for the better understanding.
There will be live lectures on the topics.
Live classes will be provided by the instructor Advocate Neerja Sharma and
interaction of the student will take place for better understanding and
knowledge.

SALIENT FEATURES OF THE COURSE

o PROVIDE KNOWLEDGE OF REAL ESTATE LAW
o ACCESSIBLE STUDY MATERIAL
o LIVE INTERACTIVE CLASSES
o LIVE DISCUSSION OF CASES
o LEARNING FROM A REAL ESTATE LAW SPECIALIST
o EASY TO ACCESS
o ENHANCE YOUR CV

MODULES OF THE COURSE

MODULE 1 – INTRODUCTION

  1. Background and Law Before RERA under Real Estate
    Sector
  2. Objective and Definitions
  3. Spectrum of Parties and Provision Under the Act.
  4. What is Real Estate Authority?
  5. Real Estate (Regulation and Development) Act, 2016
    implementation and its Establishment?
  6. Notification for application of the Act
  7. Bar of Jurisdiction of Civil Court
  8. Constitutional Validity of the Act
  9. How many Sections, Chapters, Rules, Regulations divided in
    the Act?
  10. What do you mean by Rules and Regulations?
  11. Power to make changes under the RERA Act, 2016?
  12. Laws Linked with the Act.

MODULE 2 – BRIEF INFORMATION WITH RESPECT TO
REGISTRATION OF REAL ESTATE PROJECTS

  1. Real Estate Projects and its Registration Involvement
  2. Applicability of Real Estate Projects
  3. Exempted Real Estate Projects

MODULE 3 – RIGHTS AND OBLIGATIONS OF HOME-BUYERS
MODULE4 – RIGHTS AND OBLIGATIONS OF PROMOTERS
MODULE 5 – WHO CAN FILE COMPLAINT FOR REFUND AND
COMPENSATION AND ITS PROCESS?

NOTE – SOFT COPY OF THE BOOKLET OF THE COURSE
WILL BE MAILED YOU BEFORE THE COMMENCEMENT
OF THE COURSE.

 EXAMINATION DETAILS

 AN OPEN BOOK EXAMINATION WILL TAKE PLACE AFTER THE
COMPETITION OF THE COURSE
 OBJECTIVE EXAM WILL BE TAKEN
 TOTAL MARKS WILL BE 100 MARKS
 THERE WILL BE TOTAL OF 50 QUESTIONS RELATED TO THE
COURSE
 MINIMUM REQUIRED MARKS WILL BE 40 FOR PASSING THE
EXAM
 CERTIFICATE WILL BE PROVIDED AFTER PASSING THE
EXAMINATION

 ELIGIBILITY

ANYONE INTERESTED CAN REGISTER FOR THE COURSE
 DURATION OF THE COURSE
 DURATION OF THE COURSE IS OF 1 MONTH
 THE COURSE WILL COMMENCE FROM AUGUST 2020
 AND THE EXAM WILL BE CONDUCTED ONCE THE COURSE IS
COMPLETED.

REGISTRATION DETAILS

ACTUAL MARKET FEES: 2500/-
DISCOUNTED FEES RS. 1699/-

REGISTRATION PROCESS

NOTE – THE REGISTRATION FORM SHALL BE FILLED
POST THE PAYMENT OF THE REQUISITE REGISTRATION
FEES. A PROOF OF THE SAME (SCREENSHOT) SHALL BE
ATTACHED IN THE REGISTRATION FORM.

MODE OF PAYMENT –
BHIM / PAYTM / GOOGLE PAY / BANK ACCOUNT TRANSFER
For BHIM or any UPI – 9956360266@paytm
For Paytm – 9956360266
Bank Account Details –
Name – Maneesh Adesh Srivastava
Account No- 919956360266
IFSC Code – PYTM0123456

IMPORTANT-  AFTER REGISTRATION IS COMPLETE A CONFIRMATION
MAIL WILL BE SEND WITHIN 48 HOURS TO YOUR GIVEN MAIL ID WITH
THE STUDY MATERIAL PROVIDING THE LINK OF A WHATSAPP GROUP AND
FURTHER, YOU WILL BE UPDATED FROM THE GROUP.
 
REGISTRATION LINK TO FILL THE FORM

LAST DATE OF REGISTRATION IS AUGUST 2020

CONTACT INFORMATION

EMAIL – contact.legalviews@gmail.com
MOBILE – +91 – 8956956486, 8004000520, 9956360266
WEBSITE – www.legalviews.co.in