ABOUT THE FIRM

IndiaLaw LLP is a Pan-India law firm of more than 2 decades, headquartered in Mumbai with branches in Delhi, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad, Cochin, Pune and Navi Mumbai. The Firm primarily focuses on the following practice areas: – Corporate & Commercial Litigation – Arbitration & Enforcement – Insolvency & Bankruptcy – Merger & Acquisition – Banking & Finance – Real Estate & Infra – Intellectual Property Rights The Firm has a large client base including several major national and multinational corporates from divergent sectors such as banking, finance, automobile, engineering, information technology, FMCG, retail, hospitality, oil & energy, telecoms, infrastructure, realty, pharma, insurance, logistics etc.

JOB DESCRIPTION

IndiaLaw LLP has openings for 2 legal profiles in a reputed Law firm having pan India presence.

  • Job designation: Jr. Associate/Associate, Legal Officer
  • Location: Kolkata
  • PYQ: 3-5 years

ELIGIBILITY

  • The candidate should have strong legal knowledge and the ability to handle criminal, civil, and consumer forum matters.
  • Candidate should have strong knowledge of legal Documentation, Legal Research, Legal Compliance and the ability to manage day-to-day matters in different Courts & follow-ups with clients.
  • Candidates are expected to have good written and verbal communication skills and should be flexible in adopting corporate working culture.
  • Candidates with prior experience in NCLT will get particular preferences.
  • They are also welcoming the current batch of law students for the Internship.

APPLICATION PROCESS

Interested candidates can send their applications along with a cover letter in the body of the email to paramita.trivedi@indialaw.in with the subject of the role they are applying for.

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Gitarattan International Business School is organizing Justitia- The 2nd Annual Lex Fiesta by Centre for Legal Studies.

ABOUT

It gives us immense pleasure to announce that the ‘COURTROOM : THE LAW SOCIETY OF CLS, GIBS’ is organizing the 2nd edition of ‘JUSTITIA- 2022’~ The 2nd Annual Lex Fiesta from 21st to 24th November, 2022, following the success of Justitia in the Virtual mode in 2021, Justitia 2022 will be held in the CLS GIBS campus grounds. The National Law fiesta of CLS-GIBS is the one where we aim to improve the competitive spirit in an innovative process of mind and deal with learning aspects of legal education. The event is planned to widen the horizons to accommodate various events/ competitions. The event brings the academicians, practitioners, and students of law together to learn and share their knowledge. 

IMPORTANT DATES

  1. Mediation Competition – November 21-22, 2022
  2. Law Quiz– November 22, 2022
  3. Debate Competition– November 22, 2022
  4. National Law Olympiad (NLO)- November 23, 2022
  5. Youth Parliament– November 23-24, 2022

AWARDS

  • Cash prizes worth Rs 75,000
  • Internships
  • Trophies
  • Certificates

REGISTRATION FEE

  • Mediation (Per Team)- Rs. 2700/-
  • Debate (Per Team)- Rs. 1100/-
  • Youth Parliament (Per Participant)- Rs. 600/-
  • Law Quiz (Per Team)- Rs. 600/-
  • Law Olympiad (Per Participant)- Rs. 300/-
  • Package deal (Participation slot in all 5 events)- Rs.5000/-

DEADLINE

November 1, 2022

https://pages.razorpay.com/Justitia2022

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ABOUT THE FIRM

Atlantic Law Associates brings together a team of sincere lawyers devoted to providing relentless and in-depth service to its clients. In an era of an increasingly sophisticated business environment, Atlantic Law Associates honour the cumulative and individual requirements of our clients so as to offer them a full array of avenues focussing on a definite goal—to secure justice and profitable outcomes within a reasonable span of time. The team at Atlantic Law Associates ensures its clients reap the utmost benefits from its strategic counsel, efficient execution and innovative solutions to complex challenges, in litigation, corporate transactions, governmental organizations and other business transactions. Atlantic Law Associates are equipped to address the needs of specific industries ranging from aviation, capital investments, IPRs, mergers and acquisitions, and domestic and international arbitration to banking and finance, due diligence, etc.

The team of Atlantic also boasts of a sound and strong criminal practice with respect to white-collar crimes and other specific individual issues ailing the community. That after years of experience working individually the team of Atlantic Law Associates now thrives to provide all the above under one roof so as to assist people and corporations to not run from pillar to post for a sustainable and accessible legal firm.

JOB DESCRIPTION

Atlantic Law Associates are looking to hire an associate with a PQE of 0-1 year.

APPLICATION PROCESS

Interested candidates can send their resumes to admin@atlanticlaw.in

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ABOUT THE FIRM

Chir Amrit was established in 2002. They provide the highest standards of legal and business advice to clients at national and international levels. The firm offers all the major practice area disciplines and works with clients of every size and type, from global organisations, and government and non-profit businesses, to smaller entrepreneurs and private individuals. They also enhance the already considerable ability of all their lawyers by providing a real breadth of advice, recognising the broader requirements of their clients and taking into account their strategic, commercial and other needs.

Ever since its inception, Chir Amrit has been delivering quality advisory to its clients in all areas including but not limited to Corporate laws, Taxation laws, IPR, Arbitration Laws, Banking & Finance, International Trade, Real Estate, Media & Entertainment, Accounting, Finance, Technology & Management laws. Chir Amrit carries with it the experience and expertise of five partners and a concoction of professionals comprising of lawyers, chartered accountants and company secretaries who exhibit excellence and bring with themselves a unique combination of knowledge & professional acumen in their respective areas of specialization.

JOB DESCRIPTION

  1. Chir Amrit Legal LLP is looking to recruit lawyers for the litigation team with 0-3 PQE.
  2. Location: Jaipur/Delhi Office

APPLICATION PROCESS

Interested candidates may send their applications to: career@chiramritlaw.com

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ABOUT THE ORGANIZATION

Article 21 Trust is a public-spirited organization that actively advocates at the grassroots level and engages with government agencies to secure people’s informational rights and legal entitlements. They (help) organize public meetings and produce materials in order to widen access and awareness, involving in the process government representatives and experts in welfare, digital technologies, privacy, data protection, and constitutional rights. The material produced also speaks to the social, legal, and regulatory ramifications of the digitalization of governance.

JOB DESCRIPTION

  1. Article 21 Trust is hiring for the position: Research & Program Associate
  2. No. of Position(s): 1 (one)
  3. Job Location: Noida
  4. Experience: 1+ years

ELIGIBILITY

  • Graduation in law.
  • 1+ years of work experience in research, project or program management in the social or legal domain, preferably on technology, welfare or rights issues.
  • Keen interest in existing and emerging law and policy issues at the intersection of technology, welfare and rights.
  • Good writing skills, management capabilities and work ethics.
  • A self-starter who can work with minimum supervision and meet deadlines.
  • Remuneration: 30,000-35,000 / month depending on experience.

APPLICATION PROCESS

Interested candidates can send their applications (updated CV and SoP) to  art21ind@gmail.com along with an unpublished or published writing sample of not more than 1000 words on an issue of technology, welfare or rights.

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ABOUT THE ORGANIZATION

Project 39A draws inspiration from Article 39-A in the Indian Constitution on equal justice and opportunity in the legal system. We work on issues specific to the criminal justice system and undertake litigation, research and outreach relating to forensics, torture, legal aid, forensic psychiatry and the death penalty.

The National Law University, Delhi (‘University’) is seeking to engage six (6) full-time ‘Research Assistants’ for Project 39A, to work for a period of four (4) months on a research project examining the practical application of due process safeguards on arrest and remand, in Magistrate Courts in Delhi. 

RESEARCH PROJECT

Role of Magistrates in Ensuring Constitutional & Statutory Safeguards

The project will focus on the possibilities of justice represented by custodial safeguards, which come into play the moment a person steps into police custody, and the limits therein. Rather than considering justice as the endpoint of a process of investigation, or after a person has been the subject of custodial violence, this study will examine the first point of interaction between the state and the citizen in custody. Since access to justice, especially in custody, is mediated by class, caste, religion, and gender (for instance), that will be a central framework of the study. 

Article 22(2) of the Indian Constitution requires that the police produce arrested persons before the Magistrate within 24 hours of arrest. The first production is the first time that the judiciary- the institution reflecting the rule of law and a check on the executive- must exercise its oversight powers to ensure constitutional and statutory protections for a person in custody. At this stage, the Magistrate is empowered to scrutinise the grounds and legality of the arrest, assess the availability of quality legal representation, consider the safety of the accused in custody, and make a determination on bail or further detention. Through subsequent remand hearings, the Magistrate is also required to monitor the investigation and the entire duration spent by the accused in police custody. Thus, the Magistrate is empowered to play a crucial role in balancing the rights of an accused with the requirements of a police investigation. 

This study will involve observing court proceedings on first production and remand, over a period of 90 days, to qualitatively consider the manner in which Magistrates are able to realise due process safeguards and protect the rights and dignity of the accused in custody, particularly those belonging to socio-economically vulnerable groups. 

RESPONSIBILITIES

  1. Conduct empirical research through observation of court proceedings in select Magistrate Courts in Delhi and interviews with relevant stakeholders, as per the project design. 
  2. Contribute to collating and analysing findings from court observations and interviews.
  3. Contribute to the writing of the report and/or other materials based on the findings of the project.  
  4. Any other work that may be necessary to ensure the effective implementation and completion of the project within the proposed timelines.

QUALIFICATIONS

  1. A PhD or postgraduate degree in any of the relevant fields, including Sociology, Anthropology, Political Science, or any other Social Sciences. 
  2. Demonstrable experience in conducting independent ethnographic or empirical research, particularly on socio-legal issues.  
  3. Knowledge and familiarity with issues related to the criminal justice system, courts, and criminal procedure. Prior work in Delhi courts would be an advantage. 
  4. Prior engagement with perspectives on systemic discrimination (for instance, due to caste, class, religion, gender, or sexuality) and its intersection with access to justice concerns.
  5. Ability to comprehend, converse, read and write Hindi, fluently. 


Compensation: Remuneration will be commensurate with qualifications and experience, and will be approximately INR 50,000 per month. Project 39A will incur all travel-related expenses separately. The duration of the contract currently will be four (4) months. The contract may be terminated before the completion of four (4) months or may be extended, as required.

APPLICATION PROCESS

Interested persons may submit their resumé and a statement of purpose, explaining their interest in working on this specific project and their relevant work experience. Applicants are requested to fill out the form in the link below and attach the relevant documents. 

In case of any difficulty in submission through the form, please send your queries to p39a@nludelhi.ac.in
Deadline: Applications must reach us no later than midnight of September 16, 2022. Applications received after this date will not be considered.

APPLY HERE

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ABOUT THE FIRM

Jain & Partners is an ace IPR & Corporate law Consultancy firm having immense experience since the year 2001 in the area of IPR laws. It provides services to domestic companies or individuals for their overseas investment and also to foreign companies or individuals for their investment in India in all respects that include Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc. Besides a vibrant and enthusiastic team of young professionals with good academic and practice background, their team of professionals consist of persons with a diverse and rich experience like Company Secretaries, Chartered Accountants, M.B.As, B.Scs, M.Scs and Lawyers. The Firm has wide experience in handling opposition matters, trademark hearings, filing replies to examination reports, assignments etc. It also deals in patent and copyright matters. Its team involves renowned IPR consultants who have also been faculty in various seminars and query resolution programs for IPR laws.

 JOB DESCRIPTION

  1. Designation: Associate (IP Litigation)
  2. Experience – Experience of at least 2-3 years in IP Litigation is a must
  3. The candidate must have the ability to make effective submissions in courts, appear in IP matters in courts and tribunals, drafting and filing of pleadings and suits/complaints in courts
  4. He must be well versed in drafting of various IP litigation documents
  5. Having the ability to contribute to other departments of the Law Firm for associated Intellectual Property solvency, advisory, enforcement, etc
  6. Salary: As per Industry Standards
  7. Office Location: A-2/238, Sector-8, Rohini, Delhi – 110085

APPLICATION PROCESS

Interested candidates can send their applications with the subject “Application for Associate ( IP Litigation) at Jain & Partners” at the following email id: jainandpartners@gmail.com

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Introduction

Communalism was an element of Indian history before Indian independence. It did, however, develop fiercely in India’s contemporary politics, driven by British colonization. The emergence and development of communalism have their unique histories. In reality, the British tactic of “divide and rule” included communalism, which may be dated back to the period before independence. Hindus and Muslims came together during India’s first war of independence [1857] to drive away British Empire. The British put an end to the movement and later began using the “divide and rule” strategy to incite Muslims against Hindus and vice versa. Communalism is employed in a variety of ways to obtain a political benefit or to cause community conflict.

India’s religious and cultural diversity inspires communalism as a political notion. It has been used as a political propaganda weapon to incite communal animosity and violence among communities based on religious and ethnic identity. It doesn’t take much intelligence to notice that communalism is rapidly increasing in India. Leaders connected to the current administration have called for the annihilation of Muslims; meanwhile, what are supposed to be more moderate voices on that side are raising a number of concerns that target Muslim daily life, such as their call to prayer, the wearing of the hijab by Muslim women, and the sale of Halal meat.

Attachment to a religious community does not constitute communalism. A person’s religiosity toward a community does not imply communalism. However, employing a religious community against other groups and the entire nation is communalism. In contemporary society, communalism is blind adherence to one’s own religious group. It is characterized as a weapon for or against mobilizing people through communal service appeals. Dogmatism and religious fanaticism are linked to communalism.

Factors behind Communalism prevalence in India

The Indian Constitution guarantees citizens several essential rights (i.e. individuals). In the case of minorities, however, the entire community has been granted fundamental rights under Articles 28, 29, and 30, which provide that they are free to administer their own educational institutions and have the right to preserve their own culture. However, these rights are employed above and beyond individual rights by personal law boards governed by their own community laws. As shown in the Shah Bano case.

There is also animosity toward such personal rules, and there is growing support for a uniform civil code, which is also referenced in Article 44 of the Indian constitution’s Directive principle for states. This will assist to bridge religious divides. In the lack of a uniform civil law, all communities are perceived to have conflicting and contradictory interests. As a result, community-based pressure organizations bargain on behalf of their own community. These communities struggle for power and resources at the political level. This competitiveness leads to huge wars. Politicians attempt to convert these communities into vote banks, and various communities become watertight compartments.

Since its independence, India has pursued the notion of nation-building based on secularism. Even after 68 years of freedom, India is still on fire from communalism. However, there are several explanations for this. However, just a few of them have been explored here, with the awareness that the causes that play a part in the maintenance of communalism are:-the first religious, and the second political. The third one is socioeconomic, and the fourth is global.

In the first case, religious fundamentalism should be held accountable for communalism. After all, fundamentalists believe that “our belief alone is real” and that “the rest is wrong or inadequate.” According to this mindset, when members of any religious group, sect, or sub-sect engage in their activities, they are bound to clash with others. The reason is self-evident. They lack tolerance, which is essential in a country like India, which has many distinct religious sects. They become the source of conflict, hostility, and strife.

Politicians have also played a major part in escalating communal tensions in India. Politics was at the heart of India’s agonizing partition in 1947 in the name of a specific religious group. However, even after paying a high price in the form of division, we may discover political parties or their followers directly or indirectly involved in many subsequent riots. Along with this, the strategy of appeasement, selection of candidates based on community, sect, sub-sect, and caste, and inflaming religious feelings before elections all contributed to the emergence of communalism. These abuses are still being carried out, and the country is suffering as a result. Many negative consequences of these actions can be seen.

Though India’s socioeconomic conditions have improved since independence and economic reforms since 1991 have been essential in improving such situations, there are still numerous obstacles in front of Indian society that pose a danger to its variety. Population, poverty, illiteracy, and unemployment all produce a lot of compulsions, especially among the younger generation. As a result, many members of the younger generation, who are unemployed and living in poverty, become involved in evils such as communalism. Efforts to eradicate poverty, illiteracy, and unemployment are not yielding the expected results.

External forces (including non-state actors) also have a role in exacerbating and escalating the communalism problem. We cannot name any specific country in this respect, but researchers and people who think about this issue on a regular basis have underlined this fact.

The following are the primary causes for external factors’ engagement or influence in riots:

  1. To create an unstable environment in order to become socially weak;
  2. To wish for compassion from minorities;
  3. attempting to undermine a foreign country’s economic system; and
  4. In order to mask their own inadequacy

Outcomes of Communalism

The most serious consequence of communalism is communal tensions or rioting. When religious issues are politicized, it leads not just to communalism but also to fascism as well as to communal riots. Riots that occur as a result of conflicts between two or more communities’ communal interests are referred to as communal riots.

Communal violence is a phenomenon in which members of two distinct religious communities band together and attack one other with sentiments of hatred and animosity. The revival of Hindu-Muslim economic struggle, particularly among the poor and middle classes, has fostered communalism. In addition, social media has proven to be an efficient instrument for sharing information about communal tensions or riots in any section of the country.

The absence of interpersonal confidence and understanding between two groups frequently results in perceptions of threat, harassment, fear, and significant risk in one community towards the members of the other community, which in turn leads to fights, hatred, and rage phobia. We are all aware of the consequences of communism. The poor are the genuine victims of mass massacres; they lose their homes, their loved ones, their lives, their livelihoods, and so on. It violates human rights from every angle. Sometimes children will lose their parents and become orphans for life, with no one to care for them.

In addition to having an impact on society, it is a danger to Indian constitutional norms that encourage secularism and religious tolerance. In that circumstance, citizens fail to fulfil their essential responsibilities to the nation. It poses a danger to the nation’s unity and integrity as a whole. It just spreads hostility in all ways, splitting society along communal lines. Aside from this, minorities are viewed with mistrust by everyone, including state officials like as police, paramilitary forces, the army, intelligence services, and so on. There have been several occasions where members of this group have been harassed and jailed, only to be freed guilt-free by court rulings. There is no mechanism for compensating such victims for lost livelihood income, social humiliation, or emotional distress to their families.

Such things are a bump in the road for society and an obstacle to its progress. This is also one of the reasons that India is still classified as a “developing nation,” because such activities frequently harm the country’s human resources and economy. Again, it takes years for individuals and impacted areas to recover from the horrors of such violence, which has a profound influence on the brains of those who have experienced it. They have been emotionally shattered and insecure their entire lives.

Some Infamous Cases of Communal Violence in India

  • Partition of India, 1947-Following partition, millions of people was compelled to relocate from both sides of the border. Hindus in Pakistan and Muslims in India were massacred in large numbers, women were raped, and many children were orphaned. There was hatred everywhere, and violence saw nothing but bloodshed. Later, it became a refugee problem, and their rehabilitation became one of the most difficult challenges for independent India.
  • There were no major religious riots until 1961 when the Jabalpur riots rocked the country more because of the economic struggle between a Hindu and a Muslim bidi producer than any electoral competition.
  • In the 1960s, a series of riots erupted in the eastern section of India, mainly in Rourkela, Jamshedpur, and Ranchi, in 1964, 1965, and 1967, in areas where Hindu refugees from then-East Pakistan were being placed.
  • In April 1974, violence erupted in a chawl, or tenement, in Mumbai’s Worli district as police attempted to disperse a Dalit Panthers gathering that had become violent after fights with the Shiv Sena.
  • After Indira Gandhi’s death in October 1984, anti-Sikh riots erupted in Delhi, Uttar Pradesh, and other regions of India, killing around 4000 Sikhs.

One thing is consistent in all of these and hundreds of previous riots: the vast majority of casualties had nothing to do with community animosity. In summary, perpetrators of violence and victims of violence are distinct individuals. Similar to the preceding list, there are many others that have impacted the masses and killed individuals on a big scale. Bombay bombing in 1993, Lashkar-e-Toiba attack on Akshardham in 2002, and Varanasi bombing in 2006 are only a few examples of anti-Hindu incidents.

Steps to be taken to deal with Communalism

Communalism is a crippling paralysis that must be addressed. Communal Riots are a constant danger to religious unity in our country. They must be dealt with and handled efficiently. A few recommendations in this respect may be made. While making proposals is simple, putting them into action is a significant difficulty. There is a need for reform in the current criminal justice system; quick trials and proper recompense for victims may serve as deterrents.

The increased presence of minorities and underrepresented groups in all branches of law enforcement, as well as training of forces on human rights, particularly in the use of guns in compliance with the UN code of conduct. Codified standards for administration, specialized training for the police force to deal with communal riots, and the establishment of specific investigative and prosecuting organizations can all help to reduce serious communal discontent.

Value-oriented education, with a focus on the values of peace, nonviolence, compassion, secularism, and humanism, as well as developing scientific temper (enshrined as a fundamental duty) and rationalism as core values in children in both schools and colleges/universities, can be critical in preventing communal feelings. Media, films, and other cultural outlets can have an impact on encouraging peace and cooperation. Though all of these practices are popular in India, there is definitely a need for development in this area.

Thus, concerted efforts are required to address the problem of communalism in India. Everyone must carry out their responsibilities. If we do this, there will undoubtedly be harmony. Everyone will benefit. This must be done; it was Mahatma Gandhi’s ambition for a free India.

Conclusion

Communalism has taken a toll on Indian residents and has, directly and indirectly, harmed many families. The communal problem should be addressed via communication and understanding. Steps should be done to encourage unity through cultural exchange programmes. Globalization has also brought the world closer together and contributed to the reduction of communalism in several nations, including India.

References

  1. Communalism – Definition and its Types (unacademy.com)
  2. Communalism – ONLYIAS – Nothing else | UPSC IAS EXAM PREPARATION
  3. Communalism (drishtiias.com)
  4. 6 Major Social Issues in India: Causes and Measures (sociologygroup.com)
  5. Ahuja, R. (2014). Social problems in India. Jaipur: Rawat Publications.

This article is written by Devishee Arora, a 4th-year B.COM LLB (Hons.) student at Amity Law School, Noida

INTRODUCTION

India is a democratic country; therefore, the people of the country are its superheroes. The government, constitution, laws, and others, as such, all exist for the people and by the people. So, laws are meant for the citizens of the country, and they can be shaped by the people. In India, the law-making process is carried on by the central or union government for the whole country and by each state government for each state, as well as the local municipal councils and districts for their respective districts. The Lok Sabha and the Rajya Sabha are India’s two legislative houses, and for a law to be passed in India, it must pass through the two legislative houses of the parliament of India. A bill is used to present legislative proposals to either house of the Indian Parliament.

 A bill is a draught legislative proposal that, after being approved by both chambers of parliament and the president, becomes law. A law is not passed or enforced as such. It is first crafted as a bill by the legislative houses, and before it is enforced or passed, the bill must be passed or approved by both houses. A bill is a drafted legislative proposal that, after being approved by both chambers of parliament and the president, becomes law. After the bill has been drafted, it must be publicized in the newspapers and the people must be given a democratic opportunity to comment. The legislature must adopt a bill before it becomes a law, and in most situations, the administration must also approve it. A bill is referred to as an act of the legislature or a statute once it has been made into law. The President can assent, withhold assent, and send the measure back for consideration, and he can also sit on it if both houses of Congress concur. The bill then passes both houses if they agree. The president will then sign this agreed-upon bill into law, making it applicable throughout the country. 

DEMOCRATIZATION IN LAW-MAKING       

As a democratic country, there must be public participation in the law-making process. As a democratic country, there must not only be the right to franchise and elect their representative but the people must also participate in the law-making process. In the democratization of law-making, the central government must publish the details of the legislation. The drafted bill must contain the provisions, its impact on the environment and the lives of the affected people. The public must be given 30 days to comment. Comments are submitted to the parliamentary standing committee to amend the necessary provisions in the bill to make the bill people-friendly.

THE PRE-LEGISLATIVE CONSULTATION POLICY

The Pre-Legislative Consultation Policy was developed by the Central Government in 2014. This policy gives individuals like you and me the opportunity to participate in the drafting of laws before it is to made or enforced as law in our country. According to this policy, the government must give a chance to all the people of the country to participate in the process of law-making so that the law made by the government is for all. Since the law made by the government will be for the good of the public and since the people themselves are involved in the law-making process, the law made will not be violated on a large scale and will be followed by the majority of the population. This ideology of law-making is successfully achieved by the government publishing the proposals made by the legislative assembly to the general public to receive their feedback on any draught or proposed legislation for at least 30 days. Public consultation is the procedure where you inform the government of your opinions on how a policy might affect you.

These requests for comment must include the proposed legislation or at the very least information about it, such as its financial ramifications and effects on the environment, citizens’ lives and livelihoods, and their fundamental rights. The main objective of the Pre-Legislative Consultation Policy is to assist citizens in legitimate and expanding demands for more transparency from the government. This policy is considered to be the most effective tool for citizens to participate in the process of law-making in our country in a democratic manner.

It is important that laws be drafted in a democratic form. In the first place, we, the people, elect our representatives and they make the laws for us in parliament, and we the people play a crucial role in shaping those laws made by them. They also ensure that the final policy or law drafted is relevant and serves the people for whom it was drafted.

It is essential that we have policy tools like PLP in a nation like ours with such a wide range of interests so that all groups feel as though their opinions are given the proper respect and recognition. To make sure that the government receives useful suggestions from those whose lives will be impacted by its laws, consultation with the pertinent stakeholders is essential.

The Muslim Women (Protection of Rights on Marriage) Bill of 2017, which forbids the practice of triple talaq, is a clear illustration of this. The appropriate organizations weren’t appropriately contacted before the measure was enacted. One of the many errors in the bill is that triple talaq was stated as a cognizable offence. Another alarming development is that the police were given the right to hold Muslim men without any judicial review or inquiry into whether the subject actually warranted detention. In essence, this meant that the rules were still in effect even though neither spouse had filed a formal complaint. Additionally, the government did not draught the measure after engaging with concerned representatives of civil society, such as advocates for women’s rights, defence attorneys, or even Muslims. In this case, the bill or the law passed by the legislative assembly would have been drafted more effectively if a pre-legislative consultative procedure had been used

The Transgender Persons (Protection of Rights) Bill, 2016, which drastically curtailed the rights of transgender people as recognized in the seminal case of NALSA v. Union of India1, serves as another illustration of how the government neglected to engage with concerned community members. The transgender community essentially rejected the Bill outright because they felt it was not in their best interests because it was not adequately discussed and consulted with during the bill’s development. In short, the Bill incorrectly lumps intersex people and transgender people together, seeing them as interchangeable, and it neglected to adequately address significant issues at the time, like the repeal of Section 377 of the IPC. It also did not respond to the Trans community’s widespread call for inclusive marital and inheritance rules. Another grievous omission was the failure to gender-neutralize offences in order to properly exclude members of the transgender community. In this instance, much more effective legislation could have been drafted if a pre-legislative consultative procedure had been used, in which the Trans community had been properly informed and consulted before the Bill was drafted.

Kerala has set an example for Pre Legislative Consultation Policy. In Kerala, the state ensures public participation to draft its police law. The draft bill was placed on the Kerala police website inviting feedback from the public at large. When the draft bill was introduced in the house at that time there was a district-level town hall meeting. A select Committee was set up and amendments were made which included people-friendly provisions. And Kerala Police Act was passed.

CONCLUSION

There will be effective law-making only when the public also participates in the law-making process. The Second Administrative Reforms Commission has emphasized that public participation in law-making is vital for the functioning of the law-making process. The policy-making and law-making process should be available in regional language also so that the people would understand the law and suggest some changes in the law.  Public comment is essential and necessary changes should also be made by the legislature. Our country should develop a social audit legislation wherein there must be a legal obligation on policymakers to consult the public.  


CITATIONS

1. SC Writ Petition (Civil) No. 400 of 2012

This article is written by Sree Lekshmi B J; third year law student from Sastra University, Thanjavur.

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