wednesday, the 3rd april, 2013

8 Pages University Edition Visakhapatnam www.dsnlu.ac.in

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

jus RADAR
(For Private Circulation and Educational Purpose only)

Vol. I Issue 4 Estd. 2013

...law speaks for itself

Medias Role In Judicial Process
..Page 5 .Page 8

Legal action initiated against Google by EU member nations

.Page 4

The Featured Entrevista

It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that's pretty important
Martin Luther King, Jr.
Other civil & political rights (Freedom of

Concept on Law

The Predicament Of Human Rights Values & Multi-National Corporations Subjugation: The concept of human rights has acquired wide formulation in todays world. The human rights were rarely interlinked with business. The state had the obligation to look into the welfare of its citizens and protect human rights. The firms, companies/corporations, small and medium-size enterprises or the giant Multi National/ Transnational Corporations (together referred as MNC) had to deal with their business without any concern between the nature of their business and the human rights issues. Today, we cannot think of this disjoint. Business profit and respect to human rights pass through correspondingly. Big business houses are taking part in the economic development and thus become the duty bearers of the society and public interest. MNCs have the legal & moral obligation to promote human rights. The new international economic laws bestow on MNCs the corresponding rights and obligation to respect and protect huThe following are some illustrations of UN man rights. Norms legal principles applicable in promoting human rights: Dawn of corporate power of MNCs was the re Reaching comprehensive protection of all sult of the globalization which has increased its human rights - civil, cultural, economic, porole and responsibilities in a country. MNCs parlitical and social ticipate in national economies in various sectors Right to equality of opportunity and treatlike banking, finance, insurance, telecommunicament tions, information technology, consumer goods, Right to security of persons textile, transport, mining industries and trading Rights of workers, (Safe & healthy work in securities market. MNCs are involved in organenvironment & the right to collective barizing the new high-technological production, gaining providing huge work places, export and import Respect for International & National Laws promotion, training the employees and tuning & the rule of law them to adapt to new technological methods of Balanced approach to IPRs & responsibilimanufacture. They exist in all forms and have ties human interface in one or the other way. The Transparency & avoidance of corruption need has come where we have to improve the Respect for the right to health, as well as legal system in regulating these corporations as other economic, social, & cultural rights their activities have grown manifold. MNCs have

become very powerful entities in the current world order and there exists a detrimental impact on human rights protection. MNCs have the power to change practices and behaviors and have the position to influence the state actions in the modern day economy. It has been observed that, larger the MNC, larger the influence likely to be exerted on States. The irony is that the State control over MNCs across the border is weak. The social disparities have increased in the opening of the market by the states. The economic slump or the financial crisis has become a frequent occurrence in these days. One or the other country will have an unstable economy. The main question that remains is, whether MNCs have to respect human rights. Even at the international level the protection of human rights was the exclusive obligation of the States. However, the transformation has gradually occurred and made accountability of the non-State actors, particularly the MNCs operating across borders to shoulder the responsibility.

movement - forming an Association) Consumer Protection Environmental Protection Hence, there is an urgent need for accountability on the part of economic players. Though, protection of human rights is not traditionally considered a responsibility of the MNCs, we have reached a time where, these MNCs should be made to understand the value and respect for protection of human rights. This can be done either by internal or external mechanisms. The internal mechanism is by, self regulation and the most desirable way of respecting the human rights. The Corporate Social Responsibility (CSR) voluntarily adopted by few MNCs has been in the positive direction. But, it has become difficult to convince their role in respecting the human rights. On the other hand, the external factors, i.e., the domestic and international laws have made some efforts in this direction. However, the domestic laws of many states have failed to impose adequate human rights duties on corporations. Take the example of Bhopal Gas Tragedy, where the subsidiary of the Union Carbide Corporation was to be responsible for the leakage. The State, law and the judiciary (to some extent) have failed to protect the human rights abuse. Justice has been elusive to the victims throughout. The United States, Federal Court absolved UCC by holding Mere parent corporation is or was involved in the decision making process of its subsidiary, or that it controlled the legitimate policies of its subsidiary, will not shift liabilities among distinct corporate entities. (Judge Keenon, 27 June 2012). Almost 27 years have passed since one of the worst industrial disaster, but the concern of the human rights has been mostly neglected. The victims of the gas tragedy still suffer from environmental disaster. To the victim's dismay, the judiciary

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also has not been too vigilant in this regard. In 1989, the Supreme Court itself while giving reasons for agreeing for US$ 470 million as compensation, observed that, the MNCs have a prospect of exploitation of cheap labour and of captivemarkets and which may be the primary reason for them to enter into the developing countries and getting involved in economic exploitation. But, the urgency of the matter made to accept that offer of UCC. (UCC v Union of India, (1989) 2 SCC 540 (Para 31 & 32)). The Chernobyl Nuclear Power leakage, Chevron water contamination case (victims are still awaiting compensation), Oil Spill in Gulf of Mexico operated by British Petroleum, (biggest environmental catastrophe of the century (2010)), etc. have shown the role of MNCs leading to a devastating effect on the human being. The human rights abuse does not stop here. There are serious human rights violations committed by MNCs which includes the following:

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denial to access to proper health care. In addition, they have prevailed over the authorities in convincing to ignore environmental regulations. On a positive note, there are entities like Novo Nordisk a Danish Bio-technology company making human rights as one of the key elements of its social commitment. British Telecom has references of human rights in its reporting on sustainable development. The participation and involvement of MNCs have been found, when they Actively, either directly or indirectly assists in abusing human rights violations; Tolerate the violations even when it is committed by others; Remained silent or inactive when human rights abuses have taken place (acts as a mere spectators). This may happen when a State is not regulating and enforcing human rights abuses, the MNCs remain neutral for their own benefit. There have been many efforts in the international scenario in identifying the role and responsibilities of MNCs in protection of human rights. Human rights at this level include any civil, cultural, economic, political and social rights. (See, Article 23, UN Norms on Responsibilities of TNCs & other Business Enterprises with regard to Human Rights (2003)). Host State has the right in regulating and supervising the activities of the MNCs within their jurisdiction. In addition, State shall ensure compliance of laws, rules and regulations by the MNCs. Further, MNCs shall work in conformity with the economic and social policies of the host country and also maintaining nonintervention in the internal matters of the concerned state (See UN, GA, Charter of Economic Rights and Duties of States of 1974, Article 2). UN Secretary - General Kofi Annan (as he was then) challenged business leaders to embrace and enact the principles derived from various International Conventions and Protocols. Wherein, the States should support and respect the protection of internationally proclaimed human rights and not to get complicit in human right abuses (See, UN Global Compact (1999)). Similarly, the MNCs have the obligation to promote, secure fulfillment, ensure respect and protect human rights (See, UN Norms on Responsibilities of TNCs & other Business Enterprises with regard to Human Rights (2003)). Foreign Direct Investment (FDI) may help bringing substantial benefits to home and host countries by more efficient utilization of

Cameroon, Kosovo are reported to be habitual abusers of human rights, labour and environmental laws. (See, Annual Report on the OECD Guidelines for Multinational Enterprises 2012). In U.S. there are MNCs funding political elections campaigns and influencing the party in power ensuring the policies and benefits are received by them. Bank of America funded political party and got the support of the legislation in its favour. In Florida, Century International Arms, the producer of weapons has led to drug cartelization in Mexico. Chevron was reported to have involved in removing officers and damaging properties, when the environmental damage it was causing was identified and reported by some environmentalists or journalists. Burma, witnessed rape, extra judicial executions, torture, forced labour and forced migration. Hershey Company failed to pay

fair wages to the farmers and support the anti trafficking law and also failed to comply with the ILO labour standards. They were involved in managing the cheap and forced child labour on cocoa farms in Ivory Costa (Cote d Ivoire). Villagers were kidnapped and forced to work and continue to in order to avoid violent punishment including intimidation with threats of deportation. Monsanto producing genetically engineered seeds are leading to an abuse to the food sovereignty, access to land and health, resulting in displacement of millions of farm workers in India, Brazil and Mexico. Wal-Mart is believed to be the worst human rights abusers wherein, forcing employees to work long hours without compensation in China, Indonesia, Bangladesh, Nicaragua, etc. ignoring the labour legislations. Employees are made to work under abnormal heat, unfair speed quotas, excessive dust, leading to health problems. Cases of abuse of human rights include discrimination, employment of illegal immigrants, dismissal and blacklisting of those trying to enforce the employee rights, made to work for all the seven days by India, Algeria, Democratic Republic of Congo, locking employees overnight in the stores and

Serious environmental damage by releasing toxins into pristine environments - directly linked to the economic activities Gross infringements of environmental rights and environmental degradation and causing widespread health problems Investment projects have ignored the rights of the indigenous people creating political, economic & social destabilization. Rehabilitation and resettlement have been a failure, violating the right to life with human dignity (Tata Steel and Arcelor Mittal, De Beers Consolidated Mines, BHP Billion and Rio Tinto have been allotted land for mining in the tribal area in India leading to displacement). Assassination, killings, kidnapping & torture, e.g. union leaders are shot for publicly claiming their rights. Forced labour, forced migration, discrimination, failure to protect from occupational hazard and safety and child labour including less payment for labour, resulting in gross violation of Labour rights. Suppression of rights including freedom of association and speech, violations of rights to cultural and religious practice.Violently repressing political rights infringement of rights to property (including intellectual property) Product safety and violation of consumer rights

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capital, technology and labour. Further, the economic policies of the host State, the MNCs can also make an important contribution to the promotion of economic and social welfare and in improvement of living standards and the satisfaction of basic needs. In addition, they shall take part in the creation of employment opportunities and to the enjoyment of basic human rights including freedom of association, throughout the world (See, ILO Tripartite Declaration of Principles Concerning MNEs & Social Policy (1977). The World Trade Organization also has endorsed and recognized the United Nations proclamation of the existence of human rights, towards development which approves not only the right to economic growth but also to human welfare. Organization for Economic Cooperation and Development (OECD) Guidelines (1976) provides that the MNCs shall work in conformity with local laws & regulations; refraining from anticompetitive practices; safeguarding consumer interests; meeting host country tax liabilities; combating corruption and ensuring the safety and quality of products and services and protecting consumer interests and Environment. There are various reasons for the inability to regulating the human rights abuse or respecting the environmental laws and maintaining the minimum standards by the MNCs. The States, have failed to enforce the obligations enshrined either under the domestic or international laws. In addition, corruption has become a major cause of concern, where the MNCs have been involved in bribing the government authorities in certain circumstances. Imposing corporate liability on the MNCs has always been a point of debate. MNCs corporate criminal liability issues are crucial to decide and are major concern. Host states have failed to implement or execute even the minimum domestic laws. Today, the legal system of a few countries have made provisions for cease and desist order, some time referred as corporate imprisonment, Prevent advertisements, directing for reinstatement and rehabilitation and rendering social or community services. However, we have seen recently, that Dow Chemicals, the successor of UCC was the official sponsor of the Olympic Games. Neither India nor the international community was able to restrain or impose any conditions upon the Dow Chemicals. Justice P N Bhagwathi in National Textile Workers Union v P R Ramakrishnan, (AIR 1983 SC 75) held that, corporation should be looked upon as a socio - economic institution wielding economic power & influencing the life of the people. They have duties & responsibilities towards the community in which it functions and one of its paramount objectives is to bring about maximization of social welfare & common good. The view that a corporation is the property of the shareholders can no longer be regarded as valid. The capital, labor, financial institutions, depositors providing additional finance for production & consumers & the rest of the members of the community are vital and are the result of the national wealth. (the case was whether workmen should be heard in the winding up process of the company) Constitution of India always provides us guidance & inspiration to strive for welfare of public in every set of circumstances. The 42nd Constitutional Amendment provided us an opportunity and we have become a Socialist country. The Directive Principles of State Policy emphasize the role & interest of the workers. In addition, the Companies Act, 1956, Labor & Environmental Laws to name a few with various other statutes invariably intends to regulate the behavior and activities of the corporations scrutinizing public interest. Way back in 1987, the Supreme Court of India in MC Mehta v Union of India (1987) 1 SCC 420 holding a company/Corporation responsible, observed that, the entities owes an absolute and non-delegable duty to the community to ensure that no harm results to any one, on account of activities undertaken by it. It must conduct, with the highest standards of safety. The enterprise must be absolutely liable to compensate for such harm. In addition, the MNCs must be held strictly liable for causing harm as a part of the social cost of carrying on the hazardous or inherently dangerous activity. Any damage or harm caused will make the enterprise absolutely liable to compensate. There exists no defense contending that all reasonable care was taken and without any negligence on its part In Nandini Sundar & others v State of Chhattisgarh ((2011) 7 SCC 547) the Apex Court opined that, the culture of unrestrained selfishness and greed spawned by modern neo-liberal economic ideology and belief of economic growth will lift the political, social and economic conditions of life has prevailed in the sentiments of the public. There exists a strong belief that, unless development occurs, State would not be able to sustain the competition at the global level and the development happens only when the exploitation of natural resources are permitted. It is understood that such development will provide for accumulation of wealth which is necessary (or a must) to tackle the problems of poverty, illiteracy, hunger and squalor. Even the policy makers have turned a blind eye to the gross and inhuman suffering of the displaced and the dispossessed tribal people. Predatory forms of capitalism supported and promoted by the State is in direct contravention of constitutional norms and values. The Supreme Court observed that, the development of such nature as DEVELOPMENTAL TERRORISM. The court observed that, State shall utilize the material resources for the common good of all not only for the rich and powerful.

In Re: Special Reference No. 1 of 2012, ((2012) 10 SCC 1) the Supreme Court held that, the national dimensions of human rights and the international dimensions are both congruent and their enforcement is guaranteed u/arts. 32 and 226 are enforceable against the state and the MNCs inducted by the State on conditions of due observance of the Constitution of India and all laws of the land (Referring to Bhopal Gas Tragedy). Corporate responsibility of the peoples right to life and their right to guard it are enshrined in Art. 21. Activities even for the sake of developmental work, economy and progress of the country which endanger the health, happiness of the people, pollute the environment and damage the future prospects should be curbed. The Supreme Court endorsed that, any dangerous operations are to be permitted under conditions of vigilance and surveillance. In conclusion it may be said that the MNCs shall not oppose the efforts of the government to protect human rights. In fact, they shall become human rights advocates, educating employees and capacity building to effectively respect, ensure and promote human rights. With power which MNCs have today should be exercised with greater responsibility and accountability. However, the only question that remains is WHO WILL BELL THE CAT? .

The Supreme Court, once again has reiterated that, the management (Asbestos industry) right to carry on business is granted on the condition of fulfilling the obligation in protection of health and safety of the workmen and providing pollution free atmosphere (Consumer Education & Research Centre v UnHowever, the problems may arise in identifying ion of India, JT 1995 (1) SC 637) and fixing responsibilities of/on MNCs for various reasons including the structure of the corporate In Kapila Hingorani v State of Bihar, (2003) 6 body, existing relationship between the parent SCC 1 Prof. Upendra Baxi in his book entitled and subsidiary company; the financial and man- The Future of Human Rights said that, globalagement control issues; acts of the host corpo- ization is meant to move towards developrate entity attributable to the parent company. ment but, in fact produces a soft State (Para 75 Home states many a time do not take primary of the judgment). The State becomes weak responsibility to ensure the protection of human and difficult in regulation and enforcement of rights. The MNCs shall require positive commit- rule of law against the MNCs in such a situament to comply the CSR norms. tion.

By: Dr. Dayananda Muthy C P, Chief, Advisory Board, Jus Radar

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On 21 March 2013, Supreme Court of India convicted Sanjay Dutt in the illegal possession of arms relating to the 1993 Mumbai blasts case and sentenced him to 5 years imprisonment. Earlier he had been sentenced to 6 years imprisonment by a TADA court. He has been ordered to surrender within four weeks from 21 March 2013 when the judgment was given.

International Legal Domain Happenings...

Legal action initiated against Google by EU member nations
Six European countries, including France, the UK, the Netherlands, Germany, Spain and Italy, on Tuesday agreed on joint legal action against Google over its privacy policy . The countries claim that 13 months ago when Google merged 60 separate privacy policies, including email, video, social-networking and additional services, Google failed to inform customers about how much information the company has about them and how long the information is kept. In 2012, the European Commissions Article 29 Data Protection Working Party, which suggests amendments to the article 29 to EU, reported that Google's privacy policy did not meet the Commission's data protection standards. Google was then given a four-month timeline to meet the recommendations required to bring the policy into line with European law. Google has commented that its privacy policy respects European law and allows to create simpler, more effective services. Google has faced various privacy lawsuits recently. Earlier this month Google agreed to settle a $7 million settlement for its collection of improper data during its Street View campaign. Last December an Italian appeals court overturned the conviction of three Google executives for violating Italian privacy laws by posting a video on Google of a handicapped child being bullied. Last November a judge in the US District Court for the Northern District of California approved the $22.5 million fine levied by the Federal Trade Commission (FTC) against Google for its alleged privacy misrepresentations concerning Apple's Safari internet browser.

My Lord says..
International
US District Court dismiss World Trade Centre CROSS law suit
A judge of the US District Court for the Southern District of New York on 28th March, 2013, dismissed a lawsuit challenging the display of a cross at the World Trade Center (WTC) memorial. The lawsuit, brought by American Atheists (AA) alleged two intersecting beams found in the WTC wreckage should not be displayed at the 9/11 Memorial Museum because it would constitute a government endorsement of religion. AA President, David Silverman and Attorney Edwin Kagin have said the group plans to appeal the ruling. The 9/11 Memorial Museum is scheduled to open next year. Separation of church and state remains a complex legal issue in the US. Earlier this week the US Court of Appeals for the Eleventh Circuit upheld a Florida city commission's pre-meeting prayers, rejecting an atheist group's argument that such a public forum practice illegally promoted Christianity. In January,2012 ,the US Supreme Court declined to review a similar case concerning whether a County Board of Commissioners in North Carolina violated the Establishment Clause by opening their public meetings with prayers. In April of 2012, the US Court of Appeals for the Seventh Circuit dismissed a constitutional challenge to the National Day of Prayer (NDP). The Seventh Circuit's decision overturned a ruling by the US District Court for the Western District of Wisconsin that the NDP was an unconstitutional government endorsement of religion.

National
Sterlite slapped with Rs. 100 Cr fine by SC for relaxing on environment laws
Imposing a record penalty on a company for polluting the environment, the Supreme Court on 2nd April, 2013, ordered Sterlite Industries, a subsidiary of Britain-based Vedanta Group, to pay Rs 100 crore as compensation for inappropriately operating its copper smelting plant in Tuticorin district of Tamil Nadu and damaging the environment between 1997 and 2012. Considering the magnitude, capacity and prosperity of the appellant company, we are of the view that it should be held liable for a compensation of Rs 100 crore for having polluted the environment in the vicinity of its plant and for having operated the plant without a renewal of the consents by the Tamil Nadu Pollution Control Board for a fairly long period, said a bench led by Justice A K Patnaik. According to us, any less amount, would not have the desired deterrent effect on the company, it said. Sterlite has to pay the amount within three months and it will be used for environment protection in the plant's vicinity. The bench, however in public interest, refrained from ordering a permanent closure of the plant. It noted that Sterlite had removed 29 of the 30 deficiencies pointed out by experts and had contributed significantly towards copper production in India and provided employment. While setting aside the 2010 Madras High Court order to close the plant, the bench clarified that the quantum of compensation was not final and its order did not give Sterlite a perpetual approval to operate the plant.

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There always exists a frictional relation between the Police and Public, and there are efforts taken by various State Police depts. to address this issue. Do you think such initiations were successful? What are your suggestions on this? Firstly, there should be a change wave from the individual level. As I earlier stated, social responsibility should come from the individual level, i.e the grass root level. Then they will understand the functions of the Dept.s. and will be in a better position to understand them. So police department can work better when public cooperates with them. Sir, many a times police officials have inclined to political and executive pressures while discharging duties. Do you think that police system needs more independency in their functions? Yeah, what you are saying is correct. You are working under a democratic framework. In a democratic framework, your bosses are the politicians, because they are elected by the people. They are the public representatives. So naturally they have their role to play and they can even command us. But now, how much can they act on you, you have to decide. When some person is asking us to do a favor, I need not do it. Because what the rule says you have to act on that . As a bureaucrat we have to act according to the law. Where you do not cooperate properly, I think derailment often occurs, that is why the some section of officers are not able to work virtuously. When question of independency of the agency comes, its true. The Police have to be definitely an independent functioning body to discharge their duty. People have to think about it and more functionalization and specialization should be brought in the system. In the present system one person has to carry out many functions. Everything should be functionally divided.

The Featured Entrevista...

Interview with the Superintendent of Police, Visakhapatnam District

ty week to create awareness among woman against victimization of various offences, as the same is a burning issue throughout the country. I communicated this with my fellow officers and thus Jai Ho Mahila has been formed and I am happy that it was a huge success. According to our calculations based on the statistics provided by the Home Ministry, for every half an hour, a sexual assault is reported in the country. We would like to ask, why do you think this particular Delhi rape case has brought huge outcry and has become a wakeup call for everybody throughout the nation ? Yes, It is the students who carried these issues to the national importance. So, the student reacted to this unfortunate incident and this resulted in huge outcry in the country against sexual violence. Younger minds have huge potential but that has to be used for the betterment of the society. Do you think our police force is well trained in combating against modern terrorism and anti social elements which the country has witnessed in the recent past?

Jus Radars exclusive interview with Mr. Gattamneni Srinivas IPS, Superintendent of Police, Visakhapatanam Dist. (AP) after his successful Woman Safety Campaign Jai Ho Mahila in the district of Visakhapatnam.
He is in the service for more than 21 years with an experience at National & International levels and has been exposed to various verticals such as Security, Investigation, Counter terrorism, Intelligence, Administration, Operations, Training, Best Practices etc. He has served as a Police Advisor to the UN Missions in Sudan & Bosnia and was awarded with the UN medal for his services in Bosnia (2001) and Sudan (2006). He also received various National Awards including the most prestigious Presidents Police Medal for Gallantry (PPMG) in January 2004.
Sir you were one of the prominent persons who came out with the idea of woman safety programme called Jai Ho Mahila. What made you and your department to launch this programme? Actually we were conducting the traffic safety week in Visakhapatnam. Then suddenly it came to my mind, Why not we conduct a woman safe-

If we go to beach, we enjoy the snacks and other things and immediately we litter everything there , and we never put it in the trashcan, so what is our social responsibility. Someone is coming and sitting next to you. You never even question who he is, we never even ask him. And someone shifts to the home besides yours. Every day you see him but you dont even interact with him. Then what is your social alertness. So the problem is within the individuals only. The individuals have now gone totally out of values, they have drifted. The whole problem arises out of the change only. Do you think that the rural inhabitants are very much socially responsible and alert than the urban inhabitants ?

There is an allegation that, court summons are Definitely, somehow I feel the same. Though not served by the investigation department. there is no research data for the same. How do you respond to this? For example, we take Jai Ho Mahila Programme. We organized it in Anakapalli. We interacted with every section of people. All sections of people attended and took responsibility to participate. The event had a participation of about 10000 people, even though we have excluded agencies and other organizations to be part of it. Had the same programme been arranged at a beach, only a few might turn up. Because materialism in the society has gone up due to which people do not find any interest in these programmes. The court is always respected and its functions are prime duties. But sometimes it so happens, due to shortage of force or other genuine reasons, Police officers may fail to deliver summons. This is because, they have multiplicity of functions to be carried out. If you see a Police man working from rise to dawn, he is never appreciated for his works. He is also a human being, he has also got all the rights like every other individual, but he is never treated the deserved way.

Continued in Pg. 7

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Porsche was fined poshly for non delivery !!
German luxury car manufacturer Porsche Automobile has been directed by the Delhi State Consumer Commission to pay over Rs 29 lakh, including compensation, to a buyer for not delivering a vehicle worth Rs.87 lakh even after receiving the entire cost . The Delhi State Consumer Disputes Redressal Commission observed that despite paying the entire price of the sports utility vehicle Porsche Cayenne, Pankaj Nagdev, director of an export firm, was left empty handed and it amounts to sheer misuse of the money paid by the buyer.

Speaker Sir Stringent Anti-rape Law in Force

President Pranab Mukherjee has given his assent to the anti-rape bill which provides for life term and even death sentence for rape convicts besides stringent punishment for offences like acid attacks, stalking and voyeurism. Mukherjee accorded his assent to the Criminal Law (Amendment) Bill -2013 yesterday, brought against the backdrop of the country-wide outrage over Delhi gang-rape, and it will now be called the Criminal Law (Amendment) Act, 2013, an official release said on 3rd April13. The law, passed by Lok Sabha on March 19 and by Rajya Sabha on March 21, has replaced an Ordinance promulgated on February 3. It amends various sections of the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and the Protection of Children from Sexual Offences Act. With an aim of providing a strong deterrent against crimes like rapes, the new law states that an offender can be sentenced to rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to life, meaning imprisonment for the remainder of the convicts natural life and with a fine. It has provisions for handing out death sentence to offenders who may have been convicted earlier for such crimes. The law, for the first time, defines stalking and voyeurism as non-bailable offences if repeated for a second time. Perpetrators of acid attack will attract a 10 -year jail term. It also defines acid attack as a crime besides granting a victim the right to self defense. It also has provisions for imposing a minimum 10 -year jail term for perpetrators of such acts. The law has fixed age for consensual sex at 18 years. New sections to prevent stalking and voyeurism were introduced following a strong demand from womens organizations. The amendments seeks to define and prescribe punishment for the offences of stalking, voyeurism and sexual harassment. The law also seeks to widen the definition of rape, broaden the ambit of aggravated rape and enhance the punishment for such crimes. It also provides that all hospitals shall immediately provide first aid and/or medical treatment free of cost to the victims of acid attack or rape, and failure to do so will attract punishment. It has provisions for a minimum imprisonment of seven years which may extend to imprisonment for natural life, and a fine for rape convict if he is found to be a police officer, a public servant, armed forces personnel or management or hospital staff. The law also seeks to amend the Indian Evidence Act to allow a rape victim, if she is temporarily or permanently mentally or physically disabled, to record her statement before a judicial magistrate with the assistance of an interpreter or a special educator. It also has provisions to video-graph the proceedings.

Who are we ???

1) I am _______?

2) I am _______?

3) I am _______?

HINT: Above personalities are renowned legal academicians

4W & H ( What, When,

1. 2. 3. 4. 5.

Where, Who, and How )

Which Court has jurisdiction over Andaman and Nicobar Islands? Who is the longest serving Chief Justice of the Supreme Court? What did Justice Seervai leave behind as a legacy to the legal literature in his will? Where was the last jury trial held in India ? How many judges sat on the bench to hear the landmark case of Keshavananda Bharati v. State of Kerala in 1973?

Legal Tussle !!
ACROSS

Find Me Out !!
2. Indian Constitution has adopted Directive Principles of State Policy from which constitution? 4. International _________ on Civil and Political Rights. 6. A Bill or an act that is patently ineffective. 7. An unruly horse. 8. Right to Vote is a ______right . DOWN 1. A legal obligation to fulfill a promise made earlier. 3. An organic, living document. 5. A medical condition for rescinding a contract.
Answers This is to inform you that the answers will be out only on our Facebook Page !!!

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Do you know??
The youngest Supreme Court judges were appointed in the 1970s- P N Bhagawati, who was only 51 years old at the time of his appointment. However, starting with the 1980s, only four judges have been appointed to the supreme court at the age of 55 or younger: Sabyasachi Mukhurjee, AS Anand, SP Bharucha and K G Balakrishan, each of whom went on to become the Chief Justice of India.

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Hes made to work for about 18- 19 hours each day. Sometimes he also faces sleepless nights. Hes not paid extra for this hard work and nobody appreciates him for his work. That is the very bad part of the society. So, that is where the jinx lies. So sometimes wrongs may happen, but it doesnt mean that he has to take the blame for it. Thats why I insist on functionalization. I am coming up with the concept of court police and also why should it be there ? I have done a small project on this topic. Summons, warrants and every function associated with the court will be carried out by this court police. It no more shares the functions with regular police. After police files the charge sheet, Police should not be designated with any other court duty. Otherwise every job has to be taken up by the police which include Summons, service of summons, warrants, Escorts, Court premises security. These functions have to substituted by court police. They are regulated by judiciary and nobody else. This would be a better option and it has to be circulated in the forums. I have come up with this concept and I havent released it anywhere. This is the first time I am talking about it in an official forum. So in short, Court police is professionally trained police force which discharges functions of court and is no way under the control of regular police. Through this we can discharge the functions of the court without interferences. During the trial your officers presence is required. But the courts always have an issue that your officers are not present during the trial. What are the steps taken by you to remove this trouble? In about 10 - 20 percent such absence happens. Most of the cases, we ensure our presence. We cannot address all the small cause cases, but grave cases which we have acknowledged the importance and ensured our presence. So we have proper record of duties we have to carry out on a day and we act accordingly. Recently we see the digitalization of FIR and other records, can this ensure the presence of records without fail ?? Andhra Pradesh Police is one of the best in the country with such formatting. And we are gradually developing such systems and databases to a larger application. Presently we run on an IBM platform called Lotus Notes. What is your message to the young readers of Jus Radar? Students are always the creamy layer of a society. You have lots of ideas and thoughts. And you should not go with theories. Have a practical approach. You see the systems and various functionaries, and then you will learn. You have to keenly observe all your stakeholders which affect your life and study them. And we are accepting internships and other associate work with you students in our various social functions.

Entrevistado por,
Alaap Thomas Alex, Executive Editor

Pavan K Rao Polkampally, Associate Editor

Well, On the Lighter Side.

A young lawyer, starting up his private practice, was very anxious to impress potential clients. When he saw the first visitor to his office come through the door, he immediately picked up his phone and spoke into it, I'm sorry, but my caseload is so tremendous that I'm not going to be able to look into your problem for at least a month. I'll have to get back to you then. He then turned to the man who had just walked in, and said, Now, what can I do for you? Nothing, replied the man. I'm here to hook up your phone.

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Isnt it Interesting ???

During medieval England, it was once illegal to stand near the monarch when not wearing socks . In Alaska, it is legal to shoot bears. However, waking a sleeping bear for the purpose of taking a photograph is prohibited. It is illegal to be a prostitute in Siena, Italy, if your name is Mary. The penalty for masturbation in Indonesia is decapitation. SOURCE: www.onlylawsite.com

Media role in Judicial process

If you dont read the newspaper, you are uninformed; If you read the newspaper, you are misinformed. - Mark Twain. The earliest reference to medias role as the Fourth Estate, in modern history dates back to 1787 AD, on the opening of the Press Reporting in the House of Commons, Great Britain. Edmund Burke, a senior statesman and philosopher, in a parliamentary debate, said that along with the three traditional estates in the British Parliament: Lords Spiritual (Religious leaders or clergymen), Lords Temporal (Aristocrats) and Commons (Commoners), in the Reporters' Gallery yonder, there sat a Fourth Estate more important far than they all. Hence, one can concur with Burkes opinion and infer the significance of medias role in the administration of a nation that endowed us with the rule of law and principles of natural justice, among many other things. The focal point in this discussion is the role of the media, in its determination to be factual at best or sensationalist at worst, in its effort to balance the interests between satiating their news hungry clients and being strictly professional at the risk of being overtaken by their counterparts. But, the judiciarys stance in this context is most interesting. It has to choose between becoming populist in nature, by doling out judgments that are more in sync with the emotions of the public or exercising strict caution to avoid any such influence, and to see that in the name of expeditious trial, the procedural safeguards are not violated. The US Supreme Court aptly put it by stating that the histories of civilised societies contain a common hallmark of the protection of procedural safeguards, thereby maintaining the sanctity of judiciary as an institution.

The Indian Experience:

The Indian Courts, over the years, have attended to a plethora of cases that have attracted huge public attention. But, what is admirable about it is the fact that they have yielded and acknowledged the role of the media upon its own merits. Hence, the concept of trial by media is not an unfamiliar practice in the corridors of the Indian courts. Constitution makers have ensured that the freedom of expression to be enjoyed by the media does not come in conflict with the independence of justice delivery system and misuse by media against such independence of judiciary does not go unchecked. The leading case on this point reiterates that, where the ends of justice would be defeated by a public trial, a court has an inherent jurisdiction to hold the trial in camera. Further, the Supreme Court has held that the power to hold the trial in camera must include the power to hold a part of the trial in camera or to prohibit excessive publication of the proceedings held at such trial. A number of statutes in India restrict or empower or require the court to restrict, admission to certain proceedings before the court or publication of those proceedings.

Quite recently, the Indian media came together as one, while reporting on the horrific rape that occurred in Delhi, by perfectly throwing light upon the authorities indifference towards responding to the public outrage that followed the crime. It is also noteworthy that most of the media houses, did not cover the funeral of the rape victim out of respect for the familys privacy. The judiciary jolted into action soon by establishing a dozen fast track courts for rape and related offences, although Honble Chief Justice Of India Shri. Altamas Kabir opined that fast track courts are not the answer and in any case, procedural safeguards must be maintained for a strong justice delivery system.

Conclusion:

The dilemma over picking one agency of the state over other is a good dilemma to have and in this regard, it is pertinent to reflect upon Justice Frankfurters words of wisdom A free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other, both are indispensable to a free society. The freedom of the press in itself presupposes an independent judiciary through which that freedom may, if necessary, be vindicated. And one of the potent There have been glowing instances where the means for assuring judges their independence is Courts have taken notice of the medias con- a free press. structive and passionate reportage. The acquittal of the accused in the Jessicalal murder case and Therefore, one can only hope to strike a balance intense media pressure forced the prosecution between these two institutions that have reto appeal to the Delhi High Court, which con- mained the hallmark of a developed civilisation ducted the proceedings on fast track in 26 days in times of war and peace. and overturned the verdict. But, there have also been deplorable examples of trial by media that have exasperated the sentiments of the parties, public and the Courts, especially in a case like that of the murder of Aarushi Talwar.

Contributed By: Prasanna Swaminathan, Head, Copy Editor

Editorial Board

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Prof. Dr. R.G.B. Bhagavath Kumar : Editor-in-Chief Dr. Dayananda Murthy C.P : Member, Chief Advisory Board R. V. Vishnu Kumar : Member, Chief Advisory Board Sarath Chandra Javvaji : Editor Alaap Thomas Alex : Executive Editor Pavan K Rao Polkampally : Associate Editor

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