Month: March 2021

FUNDAMENTAL RIGHT TO HAVE GOOD ROADS AND FOOTPATH ( ART. 21 BROADER VIEW)

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Karnataka High Court, on 31st July 2019 quoted that, It is the obligation of the municipal corporation to maintain roads’ In a landmark verdict court gave a tremendous relief to the citizens suffering from the bad roads in India’s IT Capital Bengaluru as well as the other parts of the State, the Karnataka High court asserted that the right to have reasonably good footpaths and roads is a fundamental right of the citizens under Article 21.
The court also asserted, “citizens can knock the doors of High Court to seek compensation from a civic authority for the loss or damages that caused by bad footpaths and roads. A Division Bench consisting of Chief Justice Abhay Shreeniwas Oka and Justice Mohammad Nawaz passed interim order while hearing of a PIL petition which was filed in 2015 by Vijayan Menon and three other persons belonging to Koramangala in Bengaluru, They complained regarding the absolute failure of Bruhat Bengaluru Mahanagara Palike to ensure proper condition of roads.
It is mentioned in section 58 of the Karnataka Municipal Corporations Act 1976 that it is the statutory obligation of the municipal corporation to construct, repair, construct and maintain footpaths to ensure the good condition of roads, the Bench mentioned it gives a corresponding right to citizens to discharge the obligation on the part of city corporations.
The bench also cited Supreme Court judgments, that expanded the scope of the fundamental right to life and personal liberty of citizens, the Bench said if citizens incur injuries or any loss of life due to deteriorated condition of footpaths or roads, it leads to infringement of their fundamental right, court Declared the right to have good roads and footpath is a necessity to lead a dignified and meaningful life under Article 21 (right to life and personal liberty).
The Bombay high court ruled on Thursday that citizens have a fundamental right to enjoy good roads and footpaths. A division bench consisting of Justice Abhay Oka and Justice Riyaz Chagla quoted the government’s plans for smart cities and mentioned this would be possible only when good streets are made available. Bombay High Court also gave rulings over the same issue on 12th April 2018. The court was hearing a suo motu PILsubmitted in July 2013 letter by Justice Gautam Patel. The bench observed that they are aware of the government’s endeavor or effort to make each city smart.
However, no city can be smart until or unless it has proper roads and footpaths in reasonably good condition. HC stressed that it was the state and civic bodies’ obligation to provide these necessities to citizens. It is the fundamental right of a citizen, to have roads and footpaths in reasonably good condition. All necessary steps should be taken to ensure that the citizens are not getting deprived of their rights. Bombay High Court also mentioned that it is also the authorities’ responsibility to ensure the grievances of violation of this right were redressed promptly within a specified period and communicated to citizens. Court also directed the Maharashtra government to establish a centralized grievance redressal mechanism and frame policies to ensure that the quality of road constructed is good.
The court made the authorities remember that if citizens do suffer harm due to any failure of authorities in maintaining roads in appropriate condition, then they can seek compensation. The judges gave reference to the death of Dr. Deepak Amrapurkar occurred in September 2017 after he falls into an open manhole. They further added that all the necessary precautions must be taken to make sure that such an unfortunate incident of a citizen falling into an open manhole should not recur.
The municipal corporation must take all the possible steps to ensure that no open manhole is unattended. If it is left open, then necessary precaution and warning signs shall be implanted near it, and judges also stated that If a citizen suffers the consequences of the failure of the state machinery to maintain roads, apart from liability under the regular law of torts, the person can take recourse to public law remedy.He/she can initiate action under public law to seek compensation from the authorities.

Reported By- Anjali

Tihar Custodial Death

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Delhi government further standing counsel Sanjoy Ghose in response to a petition filed by Ali Sher, the daddy of Azad United Nations agency had sought-after compensation of Rs five large integer for the death of his son, Tihar jail authority submitted a standing report back to the Old Delhi high court. 

The Old Delhi judicature has been wise by the Tihar Jail authorities that the jail employees on duty detected noises and saw 3 under-trial prisoner’s offensive Dilsher Azad, United Nations agency died within the jail on Gregorian calendar month thirty last year.

The submissions were created in an exceedingly standing report filed by the Tihar Jail authorities through Old Delhi government further standing counsel Sanjoy Ghose in response to a petition filed by Ali Sher, the daddy of Azad United Nations agency had sought-after compensation of Rs five large integer for the death of his son.

“On 30.11.2020, the morning opposition was done at 6:45 AM. The Jail employees on duty detected noises from Ward No. 9. forthwith, the on-duty Jail employees rush to the spot and saw that deceased Dilsher was grappled by another beneath trial unfortunate Ved Prakash and he was being attacked by 2 different beneath trial prisoners specifically Naushad and Faizal Alam with the oversewn temporary sharp-edged object,”

The Tihar Jail authorities were the same in its standing report.

The report additional explicit that upon seeing the Jail employees’ members at the spot, the defendant persons started inflicting self-injuries and conjointly giving injuries to every different.

“Immediately by the intervention of this Jail employees, the defendant persons were controlled and therefore the sharp object employed in offensive Dilsher was recovered. Dilsher was forthwith rush to the Jail hospital wherever he has declared brought dead at 07:25 AM by the medical man on duty,” 

-it said.

When the matter came up for hearing before a single-judge bench of the judicature presided by Justice Prathiba M. Singh, the bench took note of the standing report and directed the Old Delhi government to submit the CCTV footage of the same incident.

The court whereas slating the matter for an additional hearing on March twenty-two, conjointly asked the govt. to state whether or not any action has been taken against the officers of the jail for the protection lapse resulting in the same incident.

The plea filed by Ali Sher sought-after the court’s direction to the Tihar Jail authorities and Old Delhi government to pay compensation to the tune of Rs. five crores on account of the tutelary death of his son Dilsher Azad as under trial unfortunate in Tihar Jail No. 03, Ward No. 09, on Gregorian calendar month thirty last year.

“…on 30-11-2020 petitioner received a decision from police officers informing him concerning the overtime of his son Dilsher Azad in Jail, on receipt of that data, petitioner forthwith reached Tihar Jail to determine the knowledge thus received wherever Tihar Jail authorities failed to co-operate with the petitioner the least bit and created him wait outside for hours along,” the plea same.

The plea additional claimed it was native police of police office Hari Nagar United Nations agency wise the petitioner that his son Dilsher Azad has died within Ward No. nine of Jail No. three of Tihar Jail.

“Despite continual requests, petitioner wasn’t being told the important reason for the death of his son. The petitioner may barely gather his senses and known as his advocate to Tihar Jail and solely when his arrival, the petitioner may return to grasp that his son has been dead within Tihar Jail which too with knives once indeed jail authorities claim to own a foolproof security system at place,” 

-the plea browses.

The plea filed through Advocate Anwar A. Khan additional states that he was unbroken in dark for a substantial amount of his time regarding the facts of the case and therefore the circumstances resulting in the death of his son United Nations agency was AN under-trial unfortunate in Tihar Jail.

It additionally claimed that when the death of his son, the total way forward for the petitioner and his better half and different relations has been shattered.

Reported By- Komal Dhore

Online Internship Opportunity at E- Justice India (CSM Partners and Associates LLP): Apply 13/03/2021

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About E-Justice India:

E-Justice India is India’s Leading Online legal Portal Managed by CSM Partners and Associates LLP (AAS-5840).  It is dedicated to Law students, Lawyers & Attorneys. It’s aim is to provide Education in Indian Legal Sector. Through this Portal, we set-up towards Right to Education. E-Justice India Provides cheapest certificate courses in India. Our Portal provides Legal News, Law Articles, Leading Case Summary, Law Notes, Certificate Courses, Free Legal Advise, Success Stories of Advocates, Interview of Advocates & Judges and Information about Upcoming Law Events.

ABOUT THE INTERNSHIP:

  • ejusticeindia.com is looking for undergraduate law students as legal interns for the month of March-April, 2021.
  • Interns are expected to have strong writing, Research and analytical skills along with basic knowledge of MS – Word.
  • Interns with prior experience of legal writing will be given preference.
  • The duration of internship would be four weeks which can be extended based on the interest and performance of the interns.

IMPORTANT GUIDELINES

  • You may update your position to ‘Intern at E-Justice India’ on your social media accounts.
  • ejusticeindia.com is active on LinkedIn, Facebook, Instagram. Please like and follow.

Deadlines: – 

There will be reasonable deadlines given to the interns for their work. Interns are expected to adhere to those deadlines. Each interns’ performance will be tracked on an individual basis. ejusticeindia.com reserves the right to terminate the internship based on the non-fulfillment of the deadlines. If the internship is so terminated, the candidate will not be provided with the certificate and other perks You’ll be in touch with the Internship Coordinators through Mail or Whatsapp Group. All the
reporting and dissemination of information will take place through the Mail.

Last Date to Apply : 

13 March

Duration : 

15 March to 14 April, 2021

Interns will selected on the basis of their C.V

Application Procedure:

Application Link:
https://docs.google.com/forms/d/e/1FAIpQLSf66QkNIYKv3zSVMaWdWvJsDZwrUPNDDsafS3aXyalOd313nw/viewform

For any other queries, feel free to write to us at admin@ejusticeindia.com

Visit us for more such opportunities: http://lexpeeps.in/

Call for Research Assistant by Advance Research in Law (ARIL) by MyLawman: Apply by 20 March

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About MyLawman:

MyLawman is one of the fastest-growing Legal Community websites for Legal Resource sharing and an e-learning platform for law students, legal professionals, and legal academia. As a one-stop solution, MyLawman caters to the differential needs of Law students and professionals across different divisions viz. legal blogs, opportunities, journal, judiciary preparation, and e-learning content including online courses. MyLawman is a growing family of around 2500+ law students as volunteers/ interns and campus ambassadors along with hundreds of law faculties on board. MyLawman partners with Law Schools, Law Firms, Domain Experts (resource persons), and NGOs working in the field of Law to build and disseminate legal knowledge to learners/legal fraternity.

Click Here to fill the form: https://docs.google.com/forms/d/e/1FAIpQLSeqIHC5qTC4AnudB9OkGraaYFifP_PGJev673qML66jcARwxA/viewform?usp=send_form

About ARIL by MyLawman:

Advance Research in Law (ARIL) has been rolled out by the Research and Innovation Division (rID) of MyLawman and would be extensively dedicated to students and professionals in the field of Law. We aim to create awareness and enable active student engagement with the dynamic field of Law. It encompasses a wide range of activities that include research, writing, teaching, development of digital resources, and organizing high-quality public educational events.

About the Opportunity

We are looking for a Research Assistant to join ARIL. Initially, this position shall be for a period of 4 months only. The Research Assistant will be engaged in the following tasks:

  • Research, writing, and producing a wide range of content related to contemporary issues and the latest developments in Law.
  • In-depth research and developing content related but not limited to International Trade Law, AI-Blockchain & Law, Conventional and Non-Conventional IP Law, Privacy and Data Protection Law, Internet Law, Law of Arbitration, Media Policy-Regulations, Drone Law and other contemporary developing areas of Law.
  • Assist with public outreach programs.
  • Other related tasks.

Eligibility and Must-Have:

  • Law students, UG (not below 3rd year), PG (LLM and ors.), Research Scholars, and early career professionals keenly interested in research.
  • Seemless internet connectivity.
  • Excellent grammar.
  • Having command over pen! 
  • Able to devote 2-3 hours of your time on a regular basis.

Stipend: 

No stipend shall be provided. This post is voluntary and honorary in nature. In case of outstanding performance, certain paid projects/researches may be awarded to compensate.

Deadline- 

Apply by March 20, 2021

Application Procedure:

  • Interested candidates are required to fill the form (Click Here to fill the form). While filling the form keep a passport size photo, resume, and a writing sample ready to upload on the given space in the form.
  • After the initial scrutiny, the selected candidates will be contacted by the Research and Innovation Division.

Contact Details

Mr. Harshit Kiran
harshit@mylawman.co.in
+91 9472434013
To Know More, Visit- www.mylawman.co.in

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Job Opportunity: Compliance Associate at Legasis Services Private Limited, Mumbai

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Organization Name:

Legasis Services Private Limited

Job title:

Compliance Associate

Experience required:

1-3 years

Academic qualification:

CS/LLB

Location:

Mumbai

Skills required:

  • Knowledge and experience in Statutory & Legal Compliances
  • Compliance Audit/Review
  • Ability to co-ordinate with external & internal teams
  • Project Management
  • Client handling skills

How to Apply?

If you are interested please send you CV to sumit.p@legasis.in

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Job Opportunity: Junior Legal Associate at Minus Dispute, Pune

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Minus Dispute, a premier law firm with a free and goal-oriented office culture, is looking for YOU.

Location:

Pune, Maharashtra.

Contact us if you have a strong passion for corporate law and dedication to contribute to the field of law.

Contract Period:

8-10 months (inclusive of training period) which is compulsory and applicable to all.

Junior Legal Associate

Remuneration:

INR 15000 – INR 25000 per month.

PQE:

0-1 Year.

Job Description:

a) Extraction of clauses and data from contracts to help build legal Al tool.
b) Drafting and Vetting of contracts.

How to apply?

If you think you fit, e-mail your updated resume with one recent passport size photo attached to the resume to operations@minusdispute.com.

Visit us for more such opportunities: http://lexpeeps.in/

Compensation of Victims when a Crime is Committed

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This article is written by Indra Priyadarshini, a student of Alliance University, Bangalore. This paper discusses the compensation available to victims of a crime in India. 

INTRODUCTION

According to Article 1 of the United Nations General Assembly Declaration of Basic Principles of Justice for Victim and Abuse of Power, the term ‘victim’ means “persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.” Thus the word “victim” refers to any person, group, or entity who has suffered some injury or loss due to harmful or illegal activities of another person, or group. This harm can be physical, economical, or mental. According to Article 2 of the UNGA Declaration, this term does not only apply to the person who suffers the harm or loss, in some cases, it can also be used to refer to the near and dear of the victims. It also includes persons who have suffered harm while helping a distressed victim or while preventing victimization. A person will be referred to as a victim even if the offender is not identified, prosecuted, convicted, or apprehended. 

The word ‘compensation’ refers to something which compensates or is given for the purpose of compensating an injury or loss incurred by another. It is a counterbalancing factor or the amends made, in monetary form, to compensate loss or injury, or for requisitioned property. Compensation to the victims denotes to something that is given in order to recompense i.e. equivalent rendered. The objective of compensation is to make good the loss sustained by the victim or legal representative of the deceased.

In India, the right of a victim to receive compensation was recognized under the previous Code of Criminal Procedure of 1898 as well. But this right could only be exercised in cases where a substantive sentence or fine was imposed and limited to the amount of fine actually realized. However, this provision was not invoked very often. Later on, this right was read as a part of the fundamental right under Article 21 of the Constitution. Section 357A was inserted in the Code of Criminal Procedure, 1973(hereinafter referred to as CrPC). This section mandates the states to provide for compensation to victims out of the victim compensation fund created for the purpose. The following are few of the laws relating to compensation to victims of crime:

  1. From CrPC- sections 357, 357(1), 357 (2), 357 (3), 357A, 358, 359 and 250.
  2. From the Constitution- Articles 14 and 21 provides certain safeguards to victims of crime.

Compensation under Various Provisions of CrPC

The 41st Report of the Law Commission discussed Section 545 of the CrPC of 1898 extensively. The report stated that the importance of recovering the compensation should be enforceable in a civil court, similar to the public remedy available to tort. Earlier, the use of the word “substantial” posed a demarcation on the gravity of compensability which excluded cases where nominal charges are recoverable. However, the report debated against the demarcation since the courts rarely utilised their discretion in applying this provision while directing compensation for victims. Thus, the Government of India introduced the Code of Criminal Procedure Bill, 1970, according to the recommendations of the Law Commission Report. It was aimed at revising Section 545 and re-introducing it in the form of Section 357 as it reads today. The CrPC then incorporated the changes proposed in the said Bill of 1970. In the Statement of Object and Reasons it stated that Section 357 was “intended to provide relief to the poorer sections of the community” whereas, the amended CrPC gave the power to court to order payment of compensation by the accused to the victims of crimes “to a larger extent” than was previously allowed under the Code. Section 357 brought about certain significant changes. The demarcation was removed with the exclusion of the word “substantial”. Furthermore, two new subsections were inserted. Subsection (3) allows for the payment of compensation even in cases where the sentence does not impose a fine, while subsection (4) outlined the jurisdiction and powers of courts with respect to the section. It states that an order awarding compensation may be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

In the case of State of Gujarat v. Hon’ble High Court of Gujarat the Supreme Court stated that
“Section 357 of the Criminal Procedure Code, 1973 provides some reliefs to the victims as the court is empowered to direct payment of compensation to any person for any loss or injury caused by the offence. But in practice the said provision has not proved to be of much effectiveness. Many persons who are sentenced to long term imprisonment do not pay the compensation and instead they choose to continue in jail in default thereof. It is only when fine alone is the sentence that the convicts invariably choose to remit the fine. But those are cases in which the harm inflicted on the victims would have been far less serious. Thus the restorative and reparative theories are not translated into real benefits to the victims.”

Section 358 deals with the interpretation of who is a ‘victim’ and what would constitute ‘compensation’ for that purpose. While defining who a victim is, the Supreme Court has stated that “the term ‘Victimization’ is defined neither by the Central Act nor by the Bombay Act. Therefore, the term ‘Victimization’ has to be given general dictionary meaning. In Concise Oxford Dictionary, 7th Edn., the term ‘Victimization’ is defined at Page 1197 as follows : make a victim; cheat; make suffer by dismissal or other exceptional treatment.” Section 358 states that compensation should be provided to any person who would be a victim of an arrest without reason. It states that in such situations, the Magistrate may award compensation of up to  ₹1,000/- to the person who is a victim of such an arrest. However, as per this section, a direct connection between the arrest and the complainant is required. To apply this provision, the arrest must have been caused by the informant without any sufficient grounds. 

Section 359 deals with cases where an accused is convicted by the court upon a complaint being filed for a non-cognizable offence to a court. It states that a Court of Session, an Appellate Court, or the High Court, while exercising their revisional jurisdiction, can make an order for the payment of costs in such situations. Apart from the penalty imposed, the court may also order the accused to pay to the complainant, either in whole or in part, the cost which is incurred by the complainant in the prosecution. Furthermore, the court may also sentence the accused to a simple imprisonment for a period not more than thirty days in case he does not make the payment. 

The CrPC also, under section 237, deals with cases where the accused may be victim to false allegations. Sections 237 deals with compensation to such peculiar victims. This section allows the Court of Session to take cognizance of an offence in accordance with section 199 (2) of the CrPC. If, in the opinion of the court, there is a lack of reasonable ground for the allegation, it may order the complainant to pay compensation of an amount not exceeding ₹1,000/- to the victim of such false accusation, after recording reasons for the same. Similarly, section 250 empowers the Magistrate to order the complainant to provide compensation to the person against whom baseless allegations were made. 

Compensation under the Indian Constitution

The Constitutional provisions, especially Articles 14 and 21, could be widely interpreted so as to include rights of the victims of crime including the right to compensation. Similarly, the constitutional remedies for human rights violations, is extensively applicable to the victims of crime. There are provisions in Directive principles of State Policy which could be liberally construed to cover victims of crime entitling them the right to compensation. Article 38(1) states that the state should strive to promote welfare of the people by securing and protecting, as effectively as it may, a social order in which social, economic and political shall inform all institutions of national life. This provision if interpreted creatively is inclusive of victims’ rights. In the case of Delhi Domestic Working Forum v. Union of India, the Supreme Court observed that “It is necessary, having regard to the Directive Principles contained under Article 38(1) of the Constitution of India to set up Criminal Injuries Compensation Board Compensation for victims shall be awarded by the court on conviction of the offender and by the Criminal Injuries Compensation Board whether or not a conviction has taken place. The Board will take into account pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of child birth if this occurred as a result.”

Article 39 (provides for policies to be followed by the state to secure economic justice) and Art 40 (which provide for equal justice) are inclusive of victims’ rights to compensation. Article 41 states that the state shall make effective provisions for securing public assistance in the “cases of disablement” and in the “case of undeserved want”. The expressions disablement and other cases of undeserved want could be surely interpreted to include victims of crime and hence state is obliged to provide public assistance to victims by way of monetary compensation apart from guaranteeing other rights to them. These directives though non justiciable, imposes obligation on the state to take positive action for the welfare of the people. Moreover many of the Directives are elevated to the status of Fundamental Rights by judicial decisions. Apart from these, as per Article 51-A of the constitution it is the Fundamental duty of every citizen, “… to have compassion for living creatures” and “to develop humanism”. These provisions also could be creatively interpreted to include victims of crime.

CONCLUSION

The victim compensation in India is still not the strongest point of our criminal law. The remedies currently available under the law are limited, segregated, uncoordinated and demarcated. This is the major loophole that’s present in the system, which must be remedied by enactment of a set of comprehensive laws by the legislature. Nevertheless the criminal justice system has changed its approach and the legislatures and judges have been playing an important role in the exceeding of the rights of victims of crime in the criminal justice administration. But still there are cases where the victims have not received their due concern and their rights have not been given their due weightage. Victims have few legal rights to be informed, present and heard within the criminal justice system. But unfortunately, victims do not have to be notified of court proceedings or of the arrest or release of the defendant, they have no right to attend the trial or other proceedings, and they have no right to make a statement to the court at sentencing or at other hearings. Further, the coordination between the courts, the police, the DLSA and the State Legal Services Authority must be more specific. Therefore, each instrument must inform and assist the victim in realizing compensation.

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Issues Involved with Taxpayer Rights

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This is authored by Janaki Nair a 3rd year B. A. LLB student in Symbiosis Law School Pune. The following article deals with the system of taxation in India and how the taxpayers navigate around the same topic. It also deals with the problems that taxpayers may face while filing tax returns to the Government. 

INTRODUCTION

The taxation system of a country is the system where the Government of a particular country levies a financial charge or some other sort of levy on the citizens of the country. These citizens are known as the taxpayers and can range from individuals to established organizations and businesses. Tax is levied so that the Government can fund its spending and other public–oriented expenditures for the benefit of the public. It is compulsory by almost every citizen and a failure, resistance, or evasion to payment of taxes by any individual or group would result in punishment by law. 

Broadly speaking there are two categories of taxes:

Direct Tax: This type is also known as Progressive Tax as the amount to pay increases by an increase in the income of the taxpayer. Direct Tax is the one that is levied directly onto the income earned by individuals as well as corporations. Regarding direct tax, the taxpayer cannot shift it towards any other person or group and therefore has to pay it by themselves. It is said to help reduce inflation and inequalities in society. Payment of Income Tax is the most well–known direct tax in the world.

Indirect Tax: This type is also known as Regressive Tax as everyone, regardless of their economic status, is expected to pay the same amount of tax to the Government. It widens the gap of social inequality that is already big in India. The rich get richer whereas the poor get poorer. Indirect Tax is imposed by the Government on the sale and business of goods and services. The seller of these commodities and services can shift the burden of paying the tax to another individual or group who becomes the buyers in the transaction. An example would be the recently introduced Goods and Services Tax (GST) of India.

General Rights of Taxpayers

Tax payment is an extremely vulnerable and crucial thing to inculcate into the minds of the citizens because there are so many ways in which it could go wrong. The authority would need to develop incredible amounts of trust for the citizens to be completely okay with paying their income to the Government for a better life. 

Taxpayers therefore also have some general basic rights under the numerous rules and regulations of the country. They are as below:

  1. Right to Legal Certainty: According to this, tax authorities would be restrained from arbitrariness by protecting taxpayers from them. Furthermore, this right helps an individual taxpayer to predict the obligations and liabilities that he may have while also ensuring him by making him aware that the rights cannot be changed arbitrarily. This right, therefore, protects a taxpayer against forceful and coercive methods and also gives him the right to appeal in case of any violations.
  2. Right to non-retroactivity: If tax payment were retrospective in nature, it would violently violate the rights of the taxpayer. Therefore, the country denies the freedom for retroactive changes in tax law in many Indian states. This stems from the fact the rights of these taxpayers consist of the effect that the tax consequences would have on the economic decisions of the taxpayer. 

Other than the national laws and regulations that provide some sort of rights to the taxpayers, there are also international conventions of which India is a signatory to that talk about providing taxpayers with rights. These conventions ensure that the people get some form of protection from International law when the domestic law proves to either not provide them with any or sufficient form of protection. 

The most important international convention with regards to tax payment is the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), 1950. Under this, Article 1 of the first protocol on ‘protection of property’ basically states that tax must be imposed only according to the law of the land, the system must serve a valid purpose that is in the public or general interest of the country and that the laws adopted must be reasonable and not further violative of any fundamental rights of the people. 

Charter of Taxpayers Rights and Problems

India has time and again produced several charters on the rights of taxpayers of India. However, almost all of them were purely theoretical and had almost no practical implementation. The first Income Tax Charter was drawn up by the Government in the year 1998. Under it, the Income Tax department ensured that they would be dedicated to the commitment provided by the taxpayers by being – fair, helpful as well as efficient in their dealings with any form of grievances. They had also stated that the Charter would acknowledge any communication from the taxpayer at the time of complaint–making (the latest being within 7 days of complaint) and furnish replies the latest within 30 days. Further, they ensured that it would redress and resolve all complaints within 30 days of complaint and all of them will be kept confidential. 

However, these promises were later held to be empty as a review of all the taxpayer Charter programs by the Central Government through the first 15 years of the 2000s showed that the Charters were extremely poorly drawn up and implemented in the states. 

It was realized that the major issue regarding this failure in implementation is because – the absence of any statutory backing of the Charters and lack of awareness of the Charter by the taxpayers. Due to the above two reasons, the Charter of Taxpayers’ rights did not have any impact on the tax-paying community. 

Therefore, an important step had been taken by the Indian Government in August 2020 to rebuild the lost trust of the taxpayers and also to ensure that the rights and obligations of the taxpayers are well looked after by an accountable Government. Therefore, the Charter was enshrined under Section 119 A of the Income Tax Act of 1961. Under the section, taxpayers would be treated as true customers, will be made aware of every information as accurately as possible, confidentiality shall be maintained, and the authorities would be held accountable for everything. Taxpayers may also approach any department for redressing their grievances and complaints. 

CONCLUSION

To conclude, the main purpose behind the latest Charter and its subsequent enshrinement into a statute was to hold both the taxpayers as well as the authorities liable for their actions before the law. Accountability fosters more responsibility. Trust and transparency can be strongly established when the base is strongly implemented. Instead of passing orders merely for tax collection, it will only be met with disdain and not acceptance. Therefore, the need of the hour is to ensure that proper administrative work is set up that allows for smooth and fair functioning of the tax system. 

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Juvenile Delinquency in India

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This article is authored by Sujata Porwal, third year BA LLB (Hons.) student at Symbiosis Law School, Pune. The article aims to provide an understanding of the term Juvenile Delinquency and its current legal position in India. The article also suggests reformative measures to prevent juvenile delinquency.

What is Juvenile Delinquency?

The conduct of an anti-social or criminal activity by a child (below 18 years of age) that is in conflict with or in violation of any prevalent law of the nation shall be considered as ‘Juvenile Delinquency’. In other words, juvenile delinquency is an act that reflecting crime, if committed by an adult.

The Indian justice system believes that such children, termed as a ‘child in conflict with law’, needs special care in order to eradicate the roots of the crime that is budding in the mind of the child. It is common to observe juvenile offenders turning into uncompromising criminals if they do not receive adequate care. 

The term juvenile finds its boundaries in sub-section (35) of Section 2 of Juvenile Justice Act, 2015 (hereafter referred to as ‘JJ Act’) whereas, the term delinquency attains its meaning from sub-section (45 & 54) of section 2 of the JJ Act. 

It is believed that no child is born a criminal. Such behavior is often the result of surroundings in which a child is brought up or lack of proper education and parental attention. However, it is easier to restore a child from such criminal activities. In the words of Sir Fredrick Douglass, ‘It is easier to build strong children than to repair broken men’. 

Moreover, the vital cause that leads children towards criminal or unlawful acts is habitually rooted in the neglect or abandonment that a child is forced to go through. It is therefore not justified to accuse the child of the act by subjecting him/her to harsh punishment. Thus, India has adopted a restorative justice mechanism to protect and reform the young minds that bend towards such activities.  

What causes delinquency among children?

There can be several causes as to why a child falls prey to juvenile crimes. It can be fostered by a wide range of factors including social structure, financial conditions, social institutions, etc. Some major causes are discussed below:

  1. Rational choice

Several psychological theories and analysis suggest that a child might be attracted towards a delinquent act as a result of a rational choice. In other words, the child deliberately chooses to commit such an act. Such acts might be a source of satisfaction for the child that withholds their understanding of right and wrong. 

  1. Social Disorganization

 The Indian system of joint-families is losing its significance, due to the emerging trend of nuclear families, where both the parents cater to their proficiency by stepping out to work. Children belonging to such families feel neglected and abandoned. Quoting the words of the Great Noble laureate Gabriel Mistral, ‘We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the foundation of life’. 

Such children have a higher tendency to incline towards juvenile delinquency. 

  1. Outside influencers

The friends and the surroundings of a child have a huge impact on his/her habits, way of thinking and life in general. A minor indulgence with the wrong company can lead to major changes in a child’s life, directing him/her towards unethical actions. 

Influence of the wrong people provides direct as well as indirect encouragement to the child to commit crimes. Besides, the neighborhood and environment at the child’s home also have a major impact on his/her behavior. Outside influence can also depend upon the child’s access to internet, television and social media. 

  1. Labeling 

One of the most deep-rooted problems of the recent times is labeling. We, as a society, have set standards and norms which every member is expected to follow. If we observe anything outside that box, we invite it with grave criticism. For example, a boy who cries is not manly enough. 

Such labels push the child towards committing a wrongful act. Punishing someone for being their original self either guides that person towards depression or forces him to choose the path of revenge, both of which can be hazardous to a healthy society. 

The Legal Angle

The JJ Act is the primary central legislation that deals with the matter of Juvenile Justice in the country. Erstwhile, each state had separate legislation to address juvenile justice. 

The constitution of India also provides for certain provisions that tackle issues related to Juvenile Justice. These consist of:

  • Article 15, clause (3)
  • Article 39, clause (e) (f) 
  • Article 45
  • Article 47

The government of India ratified the UN Convention on the Rights of the Child, 1989 on 11th December 1992. The government also enacted a law titled Juvenile Justice Act, 1986 in lieu of the ratification to guarantee the right to survival, protection, development and participation to the child. 

The failure of the above-mentioned Act led to the adoption of an amended version of the Act known as Juvenile Justice (Care and protection of children) Act, 2000. The act aimed at modifying the existing juvenile laws in the country and provide care and protection to the children in conflict with law by catering to their growth and development in a child-friendly method. The act strived to work in the best interest of the children.

However, a further renewed version of the act was made applicable in 2015, famously known as the JJ Act or the Juvenile Justice (Care and Protection of Children) Act, 2015. 

Preventing Juvenile Delinquency

Developing a strong system of preventive techniques will save the country from an increasing crime rate. Therefore, prevention of juvenile delinquency acquires great value in the Indian scenario. The foundation of prevention lays at the ground level of a family by assisting children from the very beginning. The primary step is to identify the children who are in dire need of help. If a child inhabits criminal tendencies at a young age, it is quite likely that he might turn into a habitual offender as an adult.

Juvenile delinquency can be handled through individual as well as environmental programs that assist a child towards positive attitude and change. While individual programs encompass counselling and psychotherapy, the environmental programs focus on improving the socio-economic situation that is likely to encourage delinquency.

Although, prevention of delinquency continues to remain a vast and unexpired term that bears the capacity to attain multiple meanings owing to the situation.

Inference

There has been a surge in the issues related to children in the recent years. This not only hampers the individual growth of a child, but also leads to turmoil in the whole society. The urgency to deal with the social, economic and other factors responsible for juvenile delinquency thus becomes imperative. Since the Juvenile Justice system is bent towards a restorative form of justice, attempts shall be made to ensure that a child is restored even before he commits the crime. In other words, if a hungry child is likely to commit theft, the bigger problem of poverty and hunger shall be dealt with rather than investing resources to restore the child through psychotherapy. Besides, child abuse, in its entirety, shall be eradicated from the society.

India is known for its rich heritage and culture that instills high morals and strong values in its citizens. The state shall take measures to ensure that this legacy is preserved and the children and enlightened and educated about ethical ways of living in order to uplift the society as a whole.

References

  1. Juvenile Justice (Care and Protection of Children) Act, 2015

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Interrelationship between Fundamental Rights and Duties

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This is authored by Janaki Nair 3rd year B. A. LLB student in Symbiosis Law School Pune. The following article aims to showcase the deep and complementary relationship between the Fundamental Rights as well as the Fundamental Duties prescribed in the Indian Constitution. 

INTRODUCTION

The Constitution of India is a revered legal document for the Indian governance system. It is the supreme law of the land and it encompasses the basic code that differentiates among the various structures, procedures, powers, rights as well as the duties of both the citizens as well as the governing authorities of India. The Constitution is preceded by what is known as the Preamble that states the aims and visions, as well as the purposes of the Constitution – an example of it is to state that India would be a sovereign, socialist, secular, democratic republic. The Constitution is divided into numerous parts that all have certain rules prescribed into them. 

Out of them, arguably, the most important ones are three Parts – 

  1. PART III – Fundamental Rights of the citizens of India 
  2. PART IV – Directive Principles of State Policy 
  3. PART IVA – Fundamental Duties 

The Fundamental Rights and Fundamental Duties can be said to be the basic and indisputable rights that belong to every Indian with no discrimination based on gender, sex, caste, religion, etc. Fundamental Duties are the obligations that bind a fellow Indian to observe and behave accordingly and in consonance with the principles of the nation. The Directive Principles of State Policy (DPSP) are the guidelines that every state authority needs to consider and keep in mind before taking any decision that might affect the country either partly or wholly. All three of these parts are extremely important to the smooth functioning of governance in India and were developed between the years 1947 to 1949. 

The following article will be focused on the Fundamental Rights and Duties and how they complement as well as differ from each other. 

Rights and Duties under the Constitution

Fundamental Rights, as mentioned, consist of the most basic rights of every human that cannot generally be taken away by a government authority unless under extremely special and extraordinary circumstances. Fundamental Rights are, therefore, enforceable by the court of law; anyone who feels as if one or more of their fundamental rights were violated can appeal before the judiciary. Following are some cases that pinpoint the importance of Fundamental Rights in Indian law – 

  1. Kesavananda Bharti v. Union of India AIR 1980 SC 1789 – In the above, the court had held that fundamental rights formed part of the basic structure of the Constitution and hence were not allowed to be amended in any form. 
  2. re Kerala Educational Bill AIR 1980 SC 1789 – In the above, the court had stated that in a situation of conflict, the DPSP cannot override the fundamental rights. However, the court also stated that care must be taken to ensure that all these important parts of the Constitution are existing harmoniously with each other. 

Fundamental Duties, conversely, are the obligations that the same citizens have by simply being Indians towards the country. Fundamental duties stem up in the form of ensuring that the people in the country are upholding the dignity and principles dear to the nation. They are the moral obligations that the citizens promote to encourage patriotism and unity among the diversity of the nation. Some of the duties are as follows – to abide by the Constitution and respect it, to uphold and protect the sovereignty, unity, and integrity of the country, etc.

Relationship between the Rights and Duties

It is extremely clear after reading the Constitution that the relationship between fundamental rights and fundamental duties is not mutually exclusive. They are, on the other hand, extremely compatible and even complementary to each other when it comes to announcing the rights and duties of the citizens. 

Even though fundamental duties are not legally enforceable before the Court unlike the fundamental rights, the Indian judiciary has time and again stated that the fundamental duties, along with the directive principles of the state prescribed under the constitution, should not be restricted because of a mere legal unenforceability. The judiciary has time and again stated that the duties will not be taken for granted and strict implementation of these principles will be seen by the Government. 

In the case of Chandra Bhawan Boarding v. State of Mysore 1970 AIR 2042, 1970 SCR (2) 600, the court had opined that it is a grave mistake to think that the Constitution only primarily guarantees the Fundamental Rights and not the duties. The Supreme Court further stated that Part IV and Part IV A of the Constitution are also present that aims at establishing Indian society as welfare – oriented society both nationally and internationally. 

The fundamental rights cannot be exercised without the fundamental duties. As a prudent citizen of the country, every individual has certain rights as well as responsibilities bestowed upon him/her/them under Parts III, IV, and IV A of the Constitution. These rights and duties are also mostly overlapping and redundant of each other. For example, Article 26 of the Indian Constitution under Part III talks about the Right to Education that is fundamental to every citizen of the country. Similarly, Article 51A (k) under Part IV A of the Constitution states how every parent or guardian figure of a child should provide educational opportunities for the child from the ages of 6 years to 14 years. Therefore, both of the rights and duties have worked together towards securing the right to education of a child between the ages of six and fourteen. 

Article 21 of the Indian Constitution is the fundamental right to life and dignity of an Indian citizen. Similarly, A. 51 A (c) and (e) are fundamental duties to ensure that the dignity of both the nation as well as the individual is upheld by ensuring harmony and freedom based on religious, gender, social, etc. differences. 

CONCLUSION

Therefore, it is clear that the main purpose of both the rights and duties is to ensure that the country is run along with the ideals of sovereignty, freedom, secularity, and dignity. Both of them ensure that the individuals are treated equally and respectfully thereby upholding the ideals of both the Preamble and the Constitution through their interrelatedness. 

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