HOSTILE WITNESS: A MENACE FOR CRIMINAL JUSTICE ADMINISTRATION SYSTEM IN INDIA
Dr. Meena Ketan Sahu
Faculty, Hidayatullah National Law University, Raipur, INDIA.
Abstract: It is of great concern that more and more citizens are losing confidence in the effectiveness of the system in providing justice to the victims. As long as the witnesses continue to go hostile and do not make truthful deposition in court, Justice will always suffer and people’s faith and credibility of judicial process and justice system will be deteriorated. According to Bentham, witnesses are the eyes and ears of justice. Their each and every statement is very important as it has a magic force to change the course of the whole case. Therefore, their presence in the court is quite necessary. But unfortunately, the trend is such that the witnesses do not wish to come to the courts to give their statements and evidences because of the fact that they feel unsafe. Even if they come to the court, they tend to turn hostile either due to coercion, intimidation, political pressure, threatening, money power and muscle power etc. Hostility of witness is one of the major reasons for the low rate of conviction in criminal case at present in India.
Key words: Witness, Hostile, Victim, Justice.
INSTITUTIONAL ANALYSIS OF GENDER AND POVERTY - ITS IMPLICATIONS AND CONSIDERATIONS FOR GOOD GOVERNANCE
Dr. Alok Chantia & Dr. Preeti Misra
Assistant Professor, J.N.P.G. College Lucknow, INDIA.
Assistant Professor, School for Legal Studies, Babasaheb Bhimrao Ambedkar University Lucknow, INDIA.
Abstract: Man made culture and for the very first time work differentiation was created between man and woman according to their physiology. In the very beginning of civilization (enhance part of culture) man was dependent on nature and he used nature for his protection and smooth survival. Barter system continued till the advent of money. Transactions in terms of money led to concentration of power in the hands of man. Gender and poverty is closely related. Many factors come in light when we analyse poverty and gender in socio-cultural setup. More than 1 billion people in the world today, almost half of them women, live in unacceptable conditions of poverty, mostly in the developing countries. Poverty has various causes, including structural ones. Poverty is a complex, multidimensional problem, with origins in both the national and international domains. Globalization of the world’s economy and the deepening interdependence among nations present challenges and opportunities for sustained economic growth and development, as well as risks and uncertainties for the future of the world economy.
Key Words: Poverty, Gender, Good Governance.
FULL TEXT: http://www.scribd.com/doc/62739517/Institutional-Analysis-of-Gender-and-Poverty-Its-Implications-and-Considerations-for-Good-Governance-by-Alok-Chantia-and-Preeti-Misra
GRAM NYAYALAYA: A VARIED ADR FOR SOCIAL JUSTICE OF RURAL POOR
Abstract: The quest for Justice has been the issue before the mankind since the early days. In the modern organized society, administration of Justice is the paramount duty of the State. Access to Justice is considered as one of the chief Human Rights of any individual. In this regard, every State is creating institutions, the court, to provide justice to its citizen. In India, the Indian Justice system suffers from two major defects, namely delay in Justice and costly Justice; which led to a situation in which the poor cannot afford for justice in the court system prevailing in the country. The person those who were denied justice in such situation have nowhere to go. In furtherance of the positive duty casted on the State for providing access to Justice of poor or to provide Justice to the deprived class, mainly to the rural litigants, and by the recommendation of Law commission, the concept of Gram Nyayalaya is conceived and passed. Prior to this, a number of mechanisms and reforms are undertaken by the Indian Judiciary to address the backlog cases. In this present paper an attempt is made to discuss the efficacy of Gram Nyayalaya to further the concept of social Justice in contrast of other dispute resolution mechanism prevalent in the country.
After comparing the prospect and problems of the Act with other judicial mechanism available, it can be concluded that the Gram Nyayalaya, the court at grass root level is a revolutionary concept of providing access to justice to millions of rural poor living in the remote areas. Although, some practical problems may be detected at the early stage of implementation but the Ernest steps to plug the loopholes may make it more beautiful and effective than the ADR techniques.
Key Words: Justice, Speedy, Gram Nyayalayaa.
FULL TEXT: http://www.scribd.com/doc/62693030/Gram-Nyayalaya-a-Varied-Adr-for-Social-Justice-of-Rural-Poor-by-Prasant-Kr-Swain
PLEA BARGAINING – A CRITICAL ANALYSIS
Assistant Professor-in-Law, C. R. Law College, Hisar, Haryana, INDIA.
Abstract: The Concept of plea bargaining was introduced in criminal jurisprudence as an alternative remedy to the problem of overcrowded jails, overburdened courts and undue delays. Its practice resulted in quicker disposal of criminal matters and appeals and also helped to alleviate the sufferings of under trial prisoners awaiting the commencement of trials. If a settlement is related, the court can award compensation based on it to the victim. It is the solemn duty of the state to protect the life, liberty and property of the citizens.1Cases like Best Bakery, Priyadarshini Matto, Jesica Lall and Nitish Katara are reminiscent of the major loopholes in the criminal justice delivering mechanism which as a direct impact on the levels of lawlessness in our society. Plea Bargaining is an essential component of the administration of criminal justice. This article caters the needs of only the rich offenders and is thus unreasonable. A poor offender is actually deterred from pleading guilty because he knows that even if he does plead guilty he will not get any incentive like his-rich counterpart. However, the Apex Court in its landmark judgments held that practice of plea bargaining is unconstitutional, illegal and it tends to encourage corruption, collusion and pollute the pure fount of justice.
Key Words: Crime, Justice, Plea-Bargaining.
FULL TEXT: http://www.scribd.com/doc/62739525/PLEA-BARGAINING-%E2%80%93-A-CRITICAL-ANALYSIS-by-Krishan-Kr-Kajal
CHILD SERVITUDE IN INDIA: TRENDS AND CHALLENGES
Dr. Shashikant Pandey
Assistant Professor, Department of Political Science, B. B. Ambedkar (Central) University, Lucknow, INDIA.
Abstract: Child Servitude is not a new phenomenon to our country. However, the worrying aspect is this that despite more than 60 years of independence we have not been able to address this menace. Statistics vary from one organization to another, however, even Government agencies too have acknowledged that this problem exists in our country in varying form. The present paper is an attempt to locate the factors responsible for its prevalence, legal discrepancies as well as legal initiative of the Government etc. The paper concludes with the argument that poor execution of the existing rules along with indifferent attitude of the Govt. is largely responsible for its prevalence in our Country.
Key Words: Labour, Child, Challenges.
HINDU JURISPRUDENCE ON SUCCESSION AND GENDER EQUALITY: A CRITICAL STUDY
Abstract: Equality before law, equal protection of law, equality of opportunity in social, economic and political spheres are the bedrock of justice and discrimination of any kind on any basis is antithesis to the concept of equality and justice. The Hindu Jurisprudence on Succession has a unique feature of Coparcenary system which provides birth right to the male child on the ancestral property and thus deprives females. This system discriminates between the male and female successor on the basis of sexes. Keeping in view the interest of the women’s the Indian Parliament amended the existing provisions of law and extended it up to women’s. This article tries to critically evaluate the legal position of Hindu Succession Law and its implications on Indian society and the right to equality as well. Equal emphasis is made on the nature of the right and the nature of property created and their legal impact on the concept of Stridhan prevailing in Indian Society.
Key Words: Gender Equality, Hindu Law, Succession.
FULL TEXT:http://www.scribd.com/doc/62739136/Hindu-Jurisprudence-on-Succession-and-Gender-Equality-a-Critical-Study-by-Ravikant-Mishra
INTERNATIONAL LAW ON TERRORISM – NEED TO REFORM
Sandhya P. Kalamdhad
Assistant Professor, Dept. of Law, Dr. Ambedkar College, Nagpur, INDIA.
Abstract: Today, “right to life”, the most precious fundamental right has been exposed to serious threats and risks from terrorists throughout the globe. The act of terrorism became menace to the society. State might be powerful or weak; no one is exempted by these merchants of death. The incidences of terrorism in all its varied form is on increase. The terrorist are much more technically advanced and they possess tremendous will of destruction. The terrorist is not only aiming at the individual and his property as targets but at the very power structure and the entire governing system, posing great threat to the national and international security. Terrorist are creating terror in the minds of general public as well as nation. It has assumed global dimensions. To deal with this exaggerated form of terrorism is not confined to the national level, indeed this is beyond the reach of any individual state.
International law is one of the best instruments to combat terrorism. However, international terrorism with its new face and body posed a great challenge to International law. International legal system has adopted various Conventions to combat terrorism and aftermath 11 September 2001, they have expedited those efforts on war footing. However, there are certain areas where international community is failed to reach at final destination (mostly because of obvious reasons and limitation of international law). The attempt of this article is to indentify some important issues of these kinds and to find out the solutions if at all present, so that International Law may become the most effective tool to combat terrorism.
Key Words: Terrorism, International Law, Reform.
FULL TEXT: http://www.scribd.com/doc/62739519/INTERNATIONAL-LAW-ON-TERRORISM-%E2%80%93-NEED-TO-REFORM-by-Sandhya-P-Kalamdhad
GENETIC ABUSE OF CHILDREN: NEED TO PONDER OVER THE NEW FORM OF EXPLOITATION
Radhika Dev Varma
Lecturer in Law, Rayat and Bahra, College of Law, Mohali, INDIA.
Abstract: The term 'Child Abuse' may have different connotations in different cultural milieu and socio-economic situations. A universal definition of child abuse in the Indian context does not exist and has yet to be defined. However, major types of child abuse are: physical abuse, emotional abuse, sexual child abuse, & neglect. These abuses have done enormous damage to the individuals and the society as a whole. Although, many countries have incorporated various laws, but action to eradicate this menace remains far from any satisfaction. In India, the post-independence era has experienced an explicit expression of the commitment of the government to the cause of children through constitutional provisions, policies, programmes and legislation. The aim of this paper is to present, the adverse consequences of developing technology in the field of biotechnology and bioengineering on children, if it is allowed to be applied unchecked. By enacting suitable laws well in advance will enable us to prevent this type of child abuse and thus save the children and the society from getting succumbed to machination of the few. Efforts should be made to enhance further discussion on the issue amongst all stakeholders and be translated into a movement to ensure protection of children of this country.
Key Words: Child abuse, biotechnology, bio-engineering, embryo, sex selection.
FULL TEXT: http://www.scribd.com/doc/62693014/Genetic-Abuse-of-Children-Need-to-Ponder-Over-the-New-Form-of-Exploitation-by-Radhika-Dev-Varma
VIOLENCE AGAINST WOMEN: HUMAN RIGHTS PERSPECTIVE
Rajshri Narayan Kale
Assistant Professor, Karmavir Bhausaheb Hire Law College, Malegao, Nasik, Maharashtra, INDIA.
Abstract: Violence against women means any act of gender based psychological harm suffering to women, including threats of such acts, coercion of arbitrary deprivation of liberty whether occurring public or private life. Violence against women is sign of discriminatory position of women in patriarchal social structure. International instruments have played important role to protect the rights of women. India, being the signatory of various international instruments such as Convention on elimination of all forms of discrimination against women, Declaration on the Elimination of violence against women, etc., has a lot of provisions to protect the women in all aspects of life. The Constitution of India, Supreme Law of the Land, provides safeguards by way of Fundamental Rights and Direct Principles and Fundamental Duties. Various legislations have been made by the Parliament of India to protect the rights of women. Further, Hon’ble Supreme Court has also played a significant role in recognizing violence against women as a human right violation. The substantive laws relating to violence against women are inadequate and do not reflect various kinds of violence which women experiences in daily life. Similarly, procedural law suffers from various lacunae. Hence, there is urgent need to redraft the laws which are inadequate. The law is an instrument of social change, but it cannot be end in itself. Therefore, there is immediate need of effective implementation of existing laws with modification where necessary and enactment of new laws where law is inadequate.
Key Words: Women, Violence, Human Rights.
CHEF’S RIGHT TO FOOD
Abstract: Today the culinary industry is flourishing like every other field of science and technology. There are innovations and developments in the food industry. It is becoming increasingly common for producers of food and drink to try and develop a strong identity for their products. Cooking involves creativity and requires fresh ideas hence it may constitute a component of Intellectual Property Rights. However the problem arises in the absence of a legal definition the chef who creates his masterpiece dish what kind of protection can be granted for his creation. This Article tries to explore the rights of the chef over his food.
Key Words: Food, IPR, India.
ACCESS TO JUSTICE FOR CRIME VICTIMS IN INDIA: ISSUES AND CONCERNS
Assistant Professor, V.M. Salgaocar College of Law, Panaji, Goa, INDIA.
Abstract: Access to justice is a fundamental human right, guaranteed under various international, regional and national instruments. Victims of crime suffer tremendously with the commission of a crime. Access to justice for victims of crime is far from easy in India. Such victims suffer all the more on account of a lack of access to justice. The UN Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power 1985 and the Handbook on Justice for Victims encompass various rights of victims which deserve special attention. Among other rights, access to justice for victims involves two components. Firstly, provision of means of access to justice for victims and secondly, prompt redressal for wrongs done. The existing criminal justice system does not adequately address both these essential components. Crime victims have to approach the police, prosecutors and the court for setting the criminal law in motion but they have to face a number of impediments in doing so. Besides the insensitivity of the law enforcement officials, the inordinate delay in the conclusion of the trial, heavy legal expenses and anxiety, all contribute to create a ‘second victimization’ of the crime victim. Victim’s participation in the criminal proceedings is very minimal causing the victim to feel ignored in the entire process. Various measures have been suggested by which crime victims can be empowered, so that they can approach the criminal justice system with greater confidence.
Key Words: Crime, Justice, Victim.
EVOLUTION OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT IN INTERNATIONAL ARENA
Praneetha Balaji
Assistant Professor, Christ University, Bangalore, Karnataka, INDIA.
Abstract: Environment has played an important role in the development of mankind. Due to urbanisation and industrialisation, there has been rapid development which had undermined the importance of environment. But the effect of this degrading surrounding was soon felt by all nations in the form of green house effect, global warming, melting of ice caps acid rain and so on. Moreover, the effect has been similar in all the states whether developed or under developed. Hence, all the states of the world came together under the aegis of United Nations to find a solution to this problem and to make the world safer for sustenance and survival for all. The emphasis was on not stopping development but development without effecting the environment. The term ‘sustainable development’ was coined way back in 18th century in Europe, but it gained importance after the term became a part of the first convention held in Stockholm by the UN. The Convention on sustainable development was held in 1972 in Stockholm. Then periodically in 1982 (Nairobi), 1992 (Rio de Janeiro) and 2002 (Johannesburg). Hence, the concept of sustainable development gained importance all over the world.
The paper emphasises the development of the concept of sustainable development in the first part and the second part deals with the important principles laid in these conventions held between 1972 and 2002.
Key Words: Sustainable Development, Environment Protection, Conventions and Agenda 21.
DUTIES AND RIGHTS OF CONSUMERS
Abstract: In the era of knowledge-based society, everyone is careful for protection of their rights but, in form of consumers, generally we avoid to check the quality of services and materials which we purchase or hire. On other hand, the manufacturer and service providers, knowing this fact, get success through their unreasonable and irrational activities in form of food adulteration, deficiency in service etc. This paper points out the duties as well as rights of consumers.
Key Words: Consumers, Rights, Duties.
THE NEXT FINANCIAL CRISIS: CONCERN FOR THE INDIAN BANKS
Nidhi Singh and Rosy Tripathy
4th year, B.B.A. LL.B. (Hons.) and B.A. LL.B. (Hons.), KIIT Law School, Bhubaneswar, INDIA.
Abstract: The housing bubble failed terribly and affected the banks and financial institutions world over. The G 20 leaders asked the Basel Committee to come up with new mechanism to prevent another such financial crisis in future. The recent Basel III norms aim to strengthen the present global banking system. The Indian Economy was not that grossly affected due to the crisis, however its impact cannot be underestimated. The author in this paper concentrates mainly on the role of the Indian Banking Industry to prevent any future crisis.
The non-performing assets are on the rise and the bankers predict that the situation may be out of hand anytime. The first part of the article begins with an introduction and discusses the U.S sub-prime crisis and its impact on India. The second part gives an overview of the Indian Banking system with respect to its performance in the Indian Capital Market. In the third part the author discusses the future threats that the Indian Banks might be exposed to. The fourth part moves on to analyze the NPAs of the Indian Banking system. In the fifth part, the author has discussed securitisation and highlights the scheme of the Act. Towards the end, the role of RBI and the Government of India in keeping the Indian Banking industry insulated and lessons that Indian Banks can draw in the after math of US sub prime crisis has been discussed.
Key Words: RBI, Securitisation, Financial Crisis.
PROSTITUTION IN INDIA- LEGAL AND SOCIAL RAMIFICATIONS
Abstract: When prostitution is the world's oldest profession and we are not able to curb it by law(s), why don't we legalize it? Under apprehension and fear of police and enforcement authorities, those in this trade are compelled to live a life of harassment, exploitation, humiliation, cruel and degrading treatment. If we legalize it, we can then monitor the trade, rehabilitate and provide medical aid to those involved. Legalizing sex trade would be a better option to avoid trafficking of women and pointed out that nowhere in the world was prostitution curbed by punitive measures. Most of us say that our society is not ready for such a radical change but how many of us honestly believe that an inter-caste marriage, which is a legal right of a couple, is not frowned upon by the society? Have we forgotten the relentless and merciless honor killings that take place every other day? That untouchabilty, which is banned by the Grundnorm that is, the Constitution of India, is not practiced in India? Perhaps none of us!
So we need to legalize prostitution, social acceptance would come eventually. But if we wait for our society to be ready for it then they would be deprived of their right to live life with dignity.
Key Words: Trafficking, Women, Law.
UNIVERSALITY OF HUMAN RIGHTS
Monika Soni & Preeti Sodhi
Abstract: In 21st century we are witnessing uproar and the turmoil spans across the world without any consideration of geographical constraints. These situations compel us to think whether Human Rights are indeed practiced. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. It has been over 50 years since the United Nations (UN) Universal Declaration of Human Rights was signed by most governments in the world and yet the abuses continue to grow. Freedom of Speech and Human Rights are taken for granted in the west, but recent years have seen conditions deteriorate around the world. The situation of human rights in India is a complex one, as a result of the country's large size and tremendous diversity, its status as a developing country and a Sovereign, Secular, Democratic Republic, and its history as a former colonial territory. Vivid endeavour has been made by authors to know the historical perspective of human rights. Further varied incidents are scrutinized related to exploitation of human rights at global as well as Indian stature. At the end, few observations were jotted down.
Key Words: Human Rights, World View, Indian View.
GENETICALLY MODIFIED CROPS AND FOOD SECURITY
Abhishek Kr. Tiwari & Dr. Vinita Kacher
Senior Assistant Professor, Faculty of Law, University of Lucknow, Lucknow, INDIA.
Abstract: In the whole world population is increasing with a fast ratio but food production is not increasing equal to that ratio ultimately there is the problem of food security. The application of modern biotechnology to the food production presents opportunity and challenges for the human health. Genetically modified organisms (GMOs) are organisms in which the genetic material (DNA) has been altered in a way that does not occur naturally. The technology used to do this-genetic modification-allows selected individual genes to be transferred from one organism into another, either from the same species or from a non-related species. In this paper authors want to understand the concept of food security, global crisis in food, use of GM Technology for production of food, controversies arising out of use of these technologies. Those in favor of GM crops often claim that they have the potential to feed the world population. The example of Bt brinjal and Pro -Vitamin - A Golden Rice are discussed in this context. There is an attempt to find out whether GM crops are viable solution of food in security or not.
Key Words: Food Security, Genetically Modified Crops, Agriculture.
FULL TEXT: http://www.scribd.com/doc/62693019/Genetically-Modified-Crops-and-Food-Security-by-Abhishek-Kr-Tiwari-Dr-Vinita-Kacher
RELIGIOUS POSTULATES OF EUTHANASIA IN INDIA
S.S. Das
Abstract: In India, euthanasia is not permitted before the Aruna’s decision came, but according to some of our religious books many people adopted self willed death. In Ramayana, Shri Ram ChandraJi adopted Jal Samadhi with many of his disciples at the end. Chandragupta Maurya, founder of the Maurya dynasty with his guru Jain Muni Bhadrabaahu adopted self willed death by fasting till death as a true disciple of Jainism. Vinoba Bhave also adopted self willed death by fasting till death. Mahatma Gandhi also expressed his views about death that it is one of our truest friends which delivers us from agony. He also told that he doesn’t want to die of a creeping paralysis of his faculties – a defeated man.
Key Words: Euthanasia, Religion, India.
FULL TEXT: http://www.scribd.com/doc/62739547/Religious-Postulates-of-Euthanasia-in-India-by-Ss-Das
EFFECTS OF NOISE POLLUTION IN INDIA- A RETROSPECTIVE ANALYSIS
Sanjoy Deka
Abstract: With the advancement of science & technology and the population explosion in all the spheres have given the momentum to the growth of industries and hence, the pace of urbanization. Human activities such as urbanization, transportation, wars, bomb blast by terrorist, and celebration of a variety of festivals are the main cause of noise pollution, being faced at global, national, and local level, besides numbers of industrial and developmental activities. The major cities of the world are now facing problem of rise in noise pollution due to very high population, transportation, congestion and associated commercial and industrial activities. Noise pollution creates adverse effect on the physical, pathological and psychological well being of people. The direct physiological effects include a loss of either temporary or permanent hearing in our auditory organ. The non-auditory effects include cardiac ailments, stress and fatigue, and sleep disturbances. Among the psychological effects documented by experts are a lack of concentration, enthusiasm, low work efficiency, loss of memory and an adverse impact on the maternal and infant health conditions in the developing as well as developed countries of the world. Noise is also suspected of aggravating nausea, headache, insomnia and a loss of appetite in adults as well as in children also.
Key Words: Pollution, Noise, Law.
FULL TEXT: http://www.scribd.com/doc/62693006/Effects-of-Noise-Pollution-in-India-A-Retrospective-Analysis-by-Sanjoy-Deka
CHILD LABOUR IN INDIA: A LEGAL APPROACH
Sukanta Sarkar
Abstract: Child labour is a serious problem across the globe with more than 250 million children working around the world. Although poverty is one of the primary causes, there are other causes for the proliferation of child labour. It is imperative that the governments of all nations should take active measures for reduction or abolition of the same. The article discusses the pattern of child labor in India and initiatives taken by the governments of different nations to reduce child employment across the globe.
Key Words: Labour, Child, India.
THE APPLICABILITY OF INTERNATIONAL HUMANITARIAN LAW (IHL) IN THE SITUATION OF DISASTER
Abstract: Law is a means of controlling, directing, and constraining potential actions. If law as an institution is to have international relevance, it must apply to critical issues. The survival of humanity depends on how threats posed by disasters are addressed. Natural disasters are the consequences of events triggered by hazards that overwhelm local response capacity and seriously affect the social and economic development of a region. Traditionally, natural disasters have been seen as situations that create challenges and problems mainly of a humanitarian nature. However, increasingly, it has come to be recognized, that human rights protection also needs to be provided in these contexts. There has been increasing attention given to international disaster response laws. This paper examines whether in fact international humanitarian law is sufficient to deal with such a disaster situations, in particular, with relief efforts. The author concludes that international humanitarian law is useful as a basis, but other areas of law are essential in filling the gaps, particularly international disaster response laws. As such, the author believes emerging international disaster response law instruments should be encouraged to have a broad scope whereby these instruments include disaster situations inter alia. This Paper first sets forth the substance of the requirements of IHL applicable to disaster situations and then applies such requirements to contemporary state practice.
Key Words: International Law, Disaster, Humanitarian Law.
FULL TEXT: http://www.scribd.com/doc/62739553/The-Applicability-of-International-Humanitarian-Law-Ihl-in-the-Situation-of-Disaster-by-Ajay-Kr-Singh
THE INDIAN FEDERAL SYSTEM: AN OVERVIEW
Shashi Kant Tripathi
Research Scholar, Faculty of Law, Banaras Hindu University, Varanasi, INDIA.
Abstract: The gist of federal feature is that the two Governments i.e. Union and States should be working in independent and co-ordinate manner and not one running as the subsidiary to other. Very first article of our Constitution says that India i.e. Bharat still be the Union of States. Almost all the federal characters are there in our constitution e.g. Dual Polity, Distribution of Power, Written Constitution, Supreme Constitution and Rigid Constitution and hence constitution of India is absolutely federal. Various constitutional provisions are there which are in consonance of federal character. Some emergency provisions are there which seems to be a diversion from federal nature but it is not the same rather it is the merit of our apex norm.
The proposed paper discusses meaning of federalism and the federalism of various countries and also some deviation from federal nature.
Key Words: Government, Federal, India.
FULL TEXT: http://www.scribd.com/doc/62739578/The-Indian-Federal-System-an-Overview-by-kant-Tripathi
DISABILITY AND INDIAN JUDICIARY: A LEGAL STUDY
Dilip Kumar Upadhyay
Abstract: According to Census of 2001, in respect to the Persons with Disabilities, there are 22 millions disabled persons in India. India being the welfare state is under obligation to help downtrodden and the poor. Persons with Disabilities also need more attention and help from the State. Preamble of the Indian Constitution guarantees Person with Disabilities the full range of civil, political, economic, cultural and social rights. In this regards India has also passed the Persons with disabilities (Equal Opportunities, protection of rights and full participation) Act, 1995 objective of this Act is a legal endorsement to the right of access for the PWD to education and vocational training, employment training, practices, travel on public transport and mobility scheme, barrier free environment and integrated living information and communication strategies. This Act places responsibility on society to make adjustments for PWD so that they might overcome various practical psychological and social hurdles related by their disability. It seeks to establish a coherent and comprehensive frame work for the promotion of just and fair polices and their effective implementation. The role of the Courts in particular field describes and analyses the judgment of Court in the chosen sector. Therefore number of judicial decision in the field of disability are too few to make a satisfactory evaluation and the manner in which legislation on disability have been drafted.
Key Words: Judiciary, Disabled, India.
CRITIQUE ON SMT. SELVI V. STATE OF KARNATAKA: A CASE ON ‘SELF –INCRIMINATION’
Pramod Tiwari
Abstract: Art. 20(3) of the Constitution of India says that ‘No person accused of any offence shall be compelled to be a witness against himself’. In Kathi Kalu‘s case Supreme Court said that Art. 20(3) of the Constitution is applicable only upon written or oral testimony of accused.
Hence, protection under Art. 20(3) of the Constitution should not be extended in such a way as to hamper the ‘social interest’. As per Sociological School of Jurisprudence, if there is clash between ‘social interest’ and ‘Individual interest’ then it is social interest which is going to be protected. Hence, tests like NARCO analysis, Brain Mapping and Polygraphy should not be brought within the purview of Art. 20(3) of The Constitution of India so as to hamper the ‘social interest’.
Key Words: NARCO Test, Constitution of India, Accused.
