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Inaugural
Issue dedicated to Late Madhusudhan Das
Editorial:-
Contents :-
1. Case Laws
2. Recent Amendments/Enactments
3. Proposed Bill
4. Articles
5. Book Reviews
Case Laws: Historic judgments
(a) People's Union for Democratic
Rights and others. Petitioners v. Union
of India and others, Respondents.
The Rule of Law does not mean that the protection
of the law must be available only to a fortunate
few or that the law should be allowed to
be prostituted by the vested interests for
protecting and upholding the status quo
under the guise of enforcement of their
civil and political rights. The poor too
have civil and political rights and the
Rule of law is meant for them also, though
today it exists only on paper and not in
reality. If the sugar barons and the alcohol
kings have the Fundamental rights to carry
on their business and to fatten their purses
by exploiting the consuming public, certainly
the "chamaras" who belonging to
the lowest strata of society have Fundamental
Right to earn on honest living through their
sweat and toil. Large numbers of men, women
and children who constitute the bulk of
an population are today living a sub human
existence in conditions of object poverty;
utter grinding poverty bas broken their
back and sapped their moral fiber. They
have no faith in the existing social and
economic system. Nor can these poor and
deprived sections of humanity afford to
enforce their civil and political rights.
(b) M. C. Mehta, Petitioner
v. Union of India and others, Respondents.
Whenever applications for licenses to establish
new industries are made in future, such
applications shall be refused unless adequate
provision has been made for the treatment
of trade effluents flowing out of the factories.
Immediate action should be taken against
the existing industries if they are found
responsible for pollution of water.
Having regard to the grave consequences
of the pollution of water and air and the
need for protecting and improving the natural
environment which is considered to be one
of the fundamental duties under the Constitution
[vide Clause (g) of Article 51A of the Constitution]
we are of the view that it is the duty of
the Central Government to direct all the
educational institutions throughout India
to teach at least for one hour in a week
lessons relating to the protection and the
improvement of the natural environment including
forests, lakes, rivers and wild life in
the first ten classes. The Central Government
shall get text books written for the said
purpose and distribute them to the educational
institutions free of cost. Children should
be taught about the need for maintaining
cleanliness commencing with the cleanliness
of the house both inside and outside, and
of the streets in which they live. Clean
surroundings lead to healthy body and healthy
mind. Training of teachers who teach this
subject by the introduction of short term
courses for such training shall also be
considered. This should be done throughout
India.
(c) Union Carbide Corporation v. Union
of India and Others Ana Swasthya Kendra,
Bhopal, M. P. Zahreeli Gas Kand Sangharsh
Morcha, Bhopal.
The basic consideration motivating the conclusion
of the settlement was the compelling need
for urgent relief. The suffering of the
victims has been intense and unrelieved.
Thousands of persons who pursued their own
occupations for a humble and honest living
have been rendered destitute by this ghastly
disaster. Even after four years of litigation,
basic questions of the fundamentals of the
law as to liability of the Union Carbide
Corporation and the quantum of damages are
yet being debated. These, of course, are
important issues which need to be decided.
But, when thousands of innocent citizens
were in near destitute conditions, without
adequate substantial needs of food and medicine
and with every coming tomorrow haunted by
the specter of death and continued agony,
it would be heartless abstention, if the
possibilities of immediate sources of relief
were not explored. Considerations of excellence
and niceties of legal principles were greatly
overshadowed by the pressing problems of
very survival for a large number of victims.
Recent Judgements
(a) Moti Lal Saraf Versus State
of Jammu & Kashmir & Another
It is the bounden duty of the court and
the prosecution to prevent unreasonable
delay.
The purpose of right to a speedy trial is
intended to avoid oppression and prevent
delay by imposing on the courts and on the
prosecution an obligation to proceed with
reasonable dispatch.
In order to make the administration of criminal
justice effective, vibrant and meaningful,
the Union of India, the State Governments
and all concerned authorities must take
necessary steps immediately so that the
important constitutional right of the accused
of a speedy trial does not remain only on
papers or is a mere formality.
(b) Lata Singh Versus State
of U.P. & Another
The caste system is a curse on the nation
and the sooner it is destroyed the better.
In fact, it is dividing the nation at a
time when we have to be united to face the
challenges before the nation unitedly. Hence,
inter-caste marriages are in fact in the
national interest as they will result in
destroying the caste system. However, disturbing
news are coming from several parts of the
country that young men and women who undergo
inter-caste marriage, are threatened with
violence, or violence is actually committed
on them. In our opinion, such acts of violence
or threats or harassment are wholly illegal
and those who commit them must be severely
punished. This is a free and democratic
country, and once a person becomes a major
he or she can marry whosoever he/she likes.
.... We, therefore, direct that the administration/police
authorities throughout the country will
see to it that if any boy or girl who is
a major undergoes inter-caste or inter-religious
marriage with a woman or man who is a major,
the couple are not harassed by any one nor
subjected to threats or acts of violence,
and any one who gives such threats or harasses
or commits acts of violence either himself
or at his instigation, is taken to task
by instituting criminal proceedings by the
police against such persons and further
stern action is taken against such persons
as provided by law.
6. Recent Amendments/Enactments.
THE FOOD SAFETY AND STANDARDS ACT,
2006 (ACT No- 34 of 2006)
This was enacted to bring about a single
statute relating to food and to lay down
science based standards for articles of
food and regulate their manufacture, import,
export, storage, distribution and sale,
to ensure availability of safe and wholesome
food for human consumption (including other
matters relating thereto) and to establish
in that behalf Food Safety and Standards
Authority of India and for matters connected
therewith or incidental thereto.
JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) AMENDMENT ACT 2006 (ACT NO.33
OF 2006)
This act was received the assent on 22.08.2006.
This is an Act to amend the Juvenile Justice
(Care and Protection of Children) Act 2000.
Proposed Bill :
Police Bill 2006. A bill to consolidate
and amend the law for the regulation of
the police.
Articles
1. Human rights law for non lawyers. / outline
of human rights law for non lawyers.
2. Online Dispute Resolution (ODR).
To read the article down load here.
Book Reviews
Due process of law
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