This document summarizes the key aspects of judicial activism in India. It notes that judicial activism occurred later in India after the emergency in the 1970s. It discusses how the Supreme Court and Parliament have battled over constitutional amendments and the scope of judicial review. Examples provided include rulings related to election petitions, imposition of president's rule in states, and the national judicial appointments commission. The debate around judicial overreach versus the will of elected representatives is also summarized.
1. AmiCOMM /MAY 2016/Volume 1, Issue 4/AMITY LAW
SCHOOL,CENTRE-II , NEWSLETTER
LET’S COMMUNICATE
FROM THE DIRECTOR’S DESK
We at ALS-II, have been constantly, working as a team
towards skill development of our students by providing them with
the best of all available resources. We aspire to the best in
academic learning and at the same time also focus on extra-
curricular platforms. The vision and mission of our Hon’ble Founder
President, Dr. Ashok K. Chauhan and the zeal and enthusiasm of
Hon’ble Vice Chancellor, AUUP is the driving force behind all efforts
we do.
AmiComm-Communication Skills Newsletter is one such endeavour
to bring out the best in our students and faculty members at large. I
am sure that AMICOMM reaches great heights with the ever
enthusiastic and hard working editorial team.
Dr. Aditya Tomer
Deputy Director & Head of Institution ALS-II
3. FROM THE EDITOR’S DESK
Today, there is a dire need of Communication skills in almost all the
walks of life. The present newsletter issue focusses on the need of
Communication skills for budding lawyers especially. However, I am
of the opinion that with the advent of new technology tools in
education and the phenomenal rise of Social media for
communicating, increased spoken words through written texts like
the print media, the need of communication skills becomes all the
more very important.
So, today we don’t focus on pronunciation, rather we focus on
enunciation. Similarly , today non verbal communication also plays
a dominant role in determining one’s personality. With perfect
gesticulations and art of conversation, one speaks with an
unmatchable elan. If we expand our social mentoring circles and try
to communicate through Podcast, Radio or Television, we need to
focus more. Each word counts and each gesture means a lot. On the
whole Communication skills is now directly related to one’s
personality . A lawyer needs to possess excellent advocacy skills,
best of counseling techniques and interviewing behaviour. Actually,
our outreach has increased manifold with the ongoing process of
4. globalization. We have extended our proximities from local to glocal
to global. Much because of internet. And that’s where there is a
need to learn web based writing.. one more form of communication
skills.I am sure that AmiCOMM would be truly successful and that
the students benefit a lot .
Wish you all the best!
Sumitra Singh
Asst. Prof
Editor-in-Chief
Prabhat Yadav, Advocate, Lucknow Bench of Allahabad High Court
comments
“ The young budding lawyers do nned a platform like AmiCOMM
where they can voice their opinion and begin learning ,actually, how
to communicate effectively”
Akhand Pratap Singh, Advocate, Delhi High Court remarks:
“ Amicomm is a very good initiative by Amity Law School, Centre-
II. I wish all the best to the budding lawyers-the upcoming legal
luminaries of tomorrow”
5. UNDERSTANDING UNIVERSAL JURISDICTION
Rudrali Patil, B.A.LL.B(H),Semester VI,Enrol.no.A11911113232
ALS-II
Universal jurisdiction is the principle that allows a nation, under
international law, to prosecute perpetrators of certain crimes,
regardless of the nationality of the perpetrator or victim, or the
location of the crime. It stems from the idea that certain crimes are
so heinous, that they are considered to be crimes against all of
humanity, or that their consequences are so far reaching, they
affect the international community in general. Simply put, it allows
the trial of international crimes by anybody, from anywhere, to be
conducted in any court of the world.
In the absence of this principle, a nation could only exercise its
jurisdiction when a crime was committed in its territory, or by its
citizen, or against its citizens and in some cases, if the national
interests were affected. Universal jurisdiction has enabled a state
to deliver justice even when these links are absent, by simply
considering the nature of the crime. It embodies the idea of justice
beyond borders. This idea of international justice formed the basis
for the formation of the International criminal court and the various
war crimes tribunals.
The concept first came into being to battle piracy and slavery, but
after the Nuremberg trials following World War 2, it was extended to
include war crimes and crimes against humanity. The trial of
German Nazi Adolph Eichmann in Jerusalem was the first case
where the principle, as it is known today, was put into practice.
Universal Jurisdiction has played an essential role in protecting the
human rights of those oppressed by tyrant governments, by making
them accountable to the world. This has especially helped because
even though it would be ideal that the country where the crime has
been committed itself conducts the trial, in such cases, it isn’t
6. always possible to punish the perpetrators, because the
government officials may enjoy domestic immunity and also due to
the immense security risks faced by the plaintiff.
It also allows states to deliver justice in the absence of required
state legislation for such crimes since they fall into their
jurisdiction under international law. Some say that with the
establishment of the ICC and the tribunals, Universal Jurisdiction is
unnecessary. But tribunals are limited to a special conflict and the
ICC can not prosecute crimes committed before July 1, 2002.
Additionally, neither of them have sufficient resources to conduct
investigations and gather evidence. Moreover, the ICC can only take
cases that have been referred to it by the Security Council, or on
the basis of the territoriality principle and active personality
principle in the countries that have signed its statute. This leaves a
large gap that can only be filled through the exercise of universal
jurisdiction by domestic courts. Thus the preamble of the Rome
Statute expressly provides that it “is the duty of every State to
exercise its criminal jurisdiction over those responsible for
international crimes” and emphasizes that “the International
Criminal Court established under this Statute shall be
complementary to national criminal jurisdictions.”
On the flipside though, the principle is considered a great threat to
the sovereignty of nations. Moreover, it is feared that the principle
will become less about justice and more about political agendas. It
maybe used as a bargaining chip, or even as an instrument of quid
pro quo.
Additionally, prosecutions abroad may undermine local amnesties
for past crimes given as the price of ending a bitter civil war or in
the transition from dictatorship to democracy, and so lead to
political instability and possibly even renewed fighting and further
suffering. Thus it could disrupt the quest for peace and national
reconciliation in nations struggling to recover from violent conflict
or political oppression
In a time when the fight for human rights and protest against
tyrannical governments is at its peak, the concept plays a central
7. role in several controversial contemporary issues, such as the
Israel-Palestine conflict. This conflict, in a way, reflects the dual
nature of universal jurisdiction, where the Israelis look at it as a
means of propaganda used by the Palestinians to further their cause
and defame Israel; to the Palestinians, it has become the only way
of accomplishing justice.
While no nation wants to be seen as a safe haven for perpetrators of
atrocities, the concept has begun to strain international relations
and diplomatic ties. This has placed nations in a political stalemate.
For this reason, countries like Belgium have repealed its laws
allowing universal jurisdiction, while those like Britain have
amended it to protect the people of certain nationalities.
CRIMES INCLUDED UNDER UNIVERSAL JURISDICTION AND ITS
EXPANDING SCOPE
After keeping in compliance with international treaties such as the
Geneva Convention, adopting concepts from documents such as the
ICC statute and through general consensus, there are four crimes
that have been understood to fall under the mandate of UJ –
Genocide, Crimes against Humanity, War Crimes and Torture. Some
scholars suggest that UJ should also include its origin i.e. piracy,
and also crimes against United Nations and associated personnel.
More recently though, there are a few who have supported further
expanding the scope of UJ by also including crimes like terrorism,
enforced disappearances, trafficking and cyber crime. The rationale
being that there is a need for borderless laws to tackle borderless
crimes. The opponents of this view though, argue that this goes
against UJ’s underlying idea of crimes that are so heinous, they are
crimes against the international community as a whole. While
crimes like terrorism may still be considered fitting by some, they
argue that those like cyber crime hardly fit the bill. When defining
Universal Jurisdiction, it is important to specify the crimes that
come under it. While too narrow a definition may render the
principle futile the other extreme of making it too vast may
transform the well-meaning principle into an instrument of tyranny.
The principle of universality is a powerful tool, but it is still hidden
8. in a haze of confusion and incoherence. It has come a long way from
piracy, but as its scope expanded, its heterogeneity multiplied too.
The concept is one that has come into being by interpreting the
Geneva conventions and the Rome Statute, but this has led to
various interpretations by different countries. Thus there is no one
uniform definition or method of application of the principle. If there
is a concept of international justice, it is only logical to have a
concept of international equality before the law.
Thus the challenge is to define universal jurisdiction as well as lay
down certain principles by which it is to be executed, in a way that
protects human rights, without infringing on sovereignty, as well as
preserving good political ties. The principle must be understood to
be one that promotes accountability of perpetrators of serious
international crimes while maintaining a prudent concern for the
abuse of power and a realistic consideration for the quest for peace.
ACID ATTACKS
-Pulkit Gupta, BA.LL.B(H),Semester VI Enrol.no A11911113170
ALS-II
Acid violence is a gender based violence that reflects and
perpetuates the inequality of women in the society. Acid violence
involves international acts of violence in which perpetrators throw,
spray or pour acids onto victim’s faces and bodies. India had
witnessed an alarming growth of acid attacks on women over the
last decade.
The campaign and struggle against acid attacks on women
(CSAAAW) noted 35 cases of acid attacks in Karnataka between
1999 and 2004. These cases include only those which are reported,
whereas there are many that are not, since the victim and her
family opt not to go public with their trauma. Many of these attacks
are the acts of revenge because a woman spurns sexual advances
or rejects a marriage proposal. Having a feeling of insult on being
turned down by a woman these men start developing an attitude of
“if I can’t have you, no one can “. This reflects a deep retrenched
9. misogyny against women by the male dominant society. India still
categorises acid attacks as a grievous hurt, dolling out penalties
which are lenient and jail terms which are bailable. There is an
appel to legislature to make such laws that the person committing
such a crime thinks at least ten times before performing such act.
JUDICIAL ACTIVISM(Featured Article)
Judicial Activism is that phenomenon when
the judges substitute their own political in
application of an existing law or when
judges act like legislature (as a bench from the court complex) or
like any executive, implementing the given law rather than function
like a traditional court. Even before the use of the word “Judicial
Activism”, the same concept was noted when reference to judges
was made as despotic behavior rather than based on principles of
law or the concept of separation of powers. If the Courts tend to
intervene into the work and affairs of legislature against the
concept of separation of powers, it is known a Judicial Activism.
Similarly, if the judges tend to intervene into the work and affairs of
the executive, this position also is Judicial Activism.
Judicial Activism in India can be said to be a comparatively late
trend, only after the declaration of emergency in India in late 70s.
Emergency in India saw attempts by the government to control
judiciary. On the other hand Public Interest Litigation was an
instrument used by the courts to take SUOMOTO direct cognizance
of cases. History has shown that election of ex-Prime Minister
Indira Gandhi to Parliament was challenged through an election
petition. The Allahabad High Court declarared against her election
to the parliament. To circumvent the effect of that order, she
declared emergency throughout the country. History also shows
that India’s Supreme Court and the Indian Parliament have openly
Capt. H. A. Arfi, IAS (Retd.)
Advisor AICC/AIESR
Head , Foreign Students
Facilitation centre,
AUUP,NOIDA
10. battled for decades. Parliament had to pass many constitutional
amendments to circumvent from implementing the Supreme Court
Rulings. An instance, for example, is that the then Speaker Som
Nath Chatterjee passed an order suspending some Lok Sabha
Members. These parliamentarians approached the court, who
issued notices to Speaker – Lok Sabha and others. Speaker Sh.
Som Nath Chatterjee took a firm stand and did not respond to Court
Notices on the plea that within the Parliament, it is the Speaker’s
rule, which prevails and Courts have no jurisdiction to intervene.
Yet a glaring latest example is about the imposition of President’s
rule in Arunachal Pradesh. The Supreme Court coerced the
governor of Arunachal Pradesh to submit a copy of the report to the
President of India within 15 days. The court did not realize that the
courts have no jurisdiction for issue of summons to the President of
India and Governors of States.
Yet another example is whether the appointment of judges be made
by collegiums of judicial officers only to the entire exclusion of
others or it should be replaced by NJAC. The Parliament of India
passed National Judicial Appointments Commission Act in both the
Houses of Parliament and also moved an amendment to Article 124
of the constitution. Let it be clarified that collegiums system came
into existence since 1993. Under this, Chief Justice of India and a
Forum of four senior most judges of Supreme Court, Chief Justice of
a particular High Court and its two senior most judges recommend
names of judges to the highest courts.
Prior to 1993, when the collegiums system was introduced,
recommendations regarding judges appointment was made by Chief
Justice of the concerned High Court and it used to be examined in a
closed system by the executive. Tthe executive had the final
authority and it was not bound by the recommendations and could
take any decision. When the collegiums system worked for so long,
the present NDA Government came up with a proposal of National
Judicial Appointment Commission with the Chief Justice of India as
the Chairman, two senior most judges of Supreme Court, the Law
11. Minister and two eminent persons. These two eminent persons
were to be appointed for a three year fixed term by a committee
consisting of Chief Justice of India, Prime Minister and Leader of
Opposition in Lok Sabha.
In this battle of powers between the Judiciary and the legislature,
the collegiums system was alleged to be non-transparent. It could
be improved by having one or two members nominated by the
President of India but such nomination could be of those from the
Legal Fraternity only and none others particularly, no politician
should be taken in.
However, by a decision of five members bench of the Supreme
Court. The National Judicial Appointment Commission Act of the
Parliament was declared unconstitutional and turned down.
Comments were made about this judgment as a setback for
Parliament Democracy. Some others termed it as tyranny of the un-
elected.
The Supreme Court in another case, decided that those convicted
by a Law Court cannot continue holding an Office. Mr. Lalu Prasad,
President – RJD had to resign as CM only on account of such a
ruling of the Supreme Court. The trend of events bear testimony to
the fact that both executive and legislature have suffered Judicial
Activism but political and executive excesses also cannot be
denied. At the same time it cannot be said that the appointment
made by the collegiums are flawless. There are many sub-standard
judges, whose reputation is full of incompetency and are allegedly
corrupt. One view is that in Democracy, the will of the people is
supreme. This will of people is represented by the legislature,
whose incumbents are known as politicians. At the same time, it
must be understood that some organ of democracy is above the will
of the people. Hence, there should be a good balance of all these
three organs. The appointment of judges only by judges in the
collegiums would thus, be incorrect. As against this, an
12. Appointment Committee elected by Parliament (National Judicial
Appointments Commission) would be more appropriate. The
constitutional amendment and the National Judicial Appointment
Commission Act, which were brought to replace the 1993
collegiums system was thus set aside as unconstitutional.
If Judicial Activism means Judicial rulings suspected of being on
personal or political considerations rather than on existing law,
Judicial Activism is not found in great measure in India but if it also
means interference with other wings of Democracy such as
legislature and the executive, it can safely be said that judicial
activism is found in great volume in India. Judicial Activism,
however, is a great tool in case power of executive corrupts it and
in case of an incompetent and corrupt executive or in case of
biased legislature corrupted on account of majoritism to almost the
massacre of minorities. We know that the Constituent Assembly
was clear on the point that the Supreme Court is the watch-dog of
Democracy. When Fundamental Rights were granted in the
constitution, it was the Supreme Court as the tool and means
through which guaranteed fundamental rights were ensured. It is
this institution of Supreme Court, which will secure to every citizen
these rights. It is imperative therefore, that it needs to be above
the executive. The court had earlier held that the courts must be
circumspect and self-disciplined and must understand that their
actions have to be in the public interest and to uphold the rule of
law. It was noticed that of late, judges used their discretion not
judiciously and not for public interest. A Chief Judicial Magistrate
of Sitamarhi Court in Bihar entertained a petition seeking to set
right a wrong that had been committed in the epic Ramayana. The
petitioners’ grievance was that Rama committed a mistake by
ordering exile of his wife Sita. This is not justiceable. It is not in
public interest and is also not to protect the rule of law. In another
instance in Nagpur bench of Bombay High Court, commenting on the
growing corruption said that the growing corruption, if it continues,
“Tax Payers should refuse payment of taxes through a non-
cooperative Movement”. Still another instance is of the Supreme
Court. A five judge’s bench of the Supreme Court coerced the
13. Governor of Arunachal Pradesh to furnish within 15 days, copy of
the report, which he submitted to the President recommending
imposition of President’s rule. The court did a blunder and did not
realize that notices cannot be issued to the President of India or the
Governors. All these will show that something is definitely required
to be done to bring more accountability of judiciary. The efforts of
government by introducing NJAC having failed, a new mechanism is
being developed to bring accountability in the judicial system. The
Law Ministry has prepared an agenda note for discussion in the
Advisory Council meeting of the National Mission for Justice
Delivery and Legal Reforms where Registrar of Supreme Court, law
Minister, the Attorney General and the Home Minister will be the
members. This is on the pattern of British Government where the
Lord Chief Justice and the Lord Chancellor (member of Cabinet) are
jointly responsible for considering complaints and personal conduct
of all judges. The Judicial Complaints Investigation Office handles
complaints against judges and provides advice and assistance to
the Lord Chief Justice and the Lord Chancellor. On the same lines,
the thinking is that Oversight Mechanism in India will have equal
representation from all the three wings of government where the
Law Minister will be the representative of the legislature. The
Chief Justice of India and another eminent person of the civil
society will be the Oversight Committee, who in turn will develop
their own processing manual and rules.
The entire constitution and the constitutional provisions have in
great detail the powers laid down for all the wings of the
government in order to keep them under the limits. The constitution
makers thought that there were ample provisions for checks and
balances of the three wings of government. As the battle between
the parliament and the Supreme Court goes on, there must be
adequate checks and balances. Even when the National Judicial
Appointments Commission has been set aside by the Supreme
Court, resulting in the appointment of judges by the collegiums, it is
necessary that further checks and balances need to be thought of.
We may, in the circumstances, feel that the agenda note, which has
been prepared in the law ministry for bringing the courts to ensure
14. working in the interest of public and to uphold the rule of law will
be through.
IMPORTANCE OF BEING INNOVATIVE(On Invitation)
Ms. Ruchi Tandon
Asst.Professor-II
Programme Leader
Amity Institute of Corporate Communication
Amity University, Noida
Geoffrey Chaucer said in “The Canterbury Tales” that, “This world is
but a Vanity Fair, where people lead multiple lives; project various
personas with their real selves hidden within them like a shadow
visible only now and then”. One must strive to be a face in the
crowd and not a part of the crowd. We meet so many people daily
and forget them. The people who are unique and different are
remembered for long. If I write the alphabet ‘A’ 100 times, nobody
will take pains to read and notice this. But an alphabet ‘B’ written
once with ‘A’ letters will be noticed among all. Same principle
applies on us; if we want to be observed, we need to be different
from the rest. We have to become an individual with multi-facet
personality. Majority of people simply live in this world while hand
full becomes the creator of the world. In the fast paced modern
workplace one has to be innovative as well as creative in his day to
day life.
Innovative means embracing new ideas or techniques. It is the
execution of creative thinking in our day to day life. One cannot
discrete creativity from the word Innovative; Creativity goes hand in
15. hand with innovation. In order to be innovative one has to be
creative and in order to be creative one has to introduce change.
How to be innovative?
1 Define your goal and start indulging in the process of deciding the
path for achieving the goal.
2. Increase the power of observation.
3. Do brain- storming about the alternative possibilities.
4. Explore the situation and redefine the problem.
5. Think about the pros and cons of every situation. Think out of the
box and visualize which normal people cannot.
6. Select the best, new and the different way of doing your task. Be
creative.
7. Use your sense of Humor to look different from others. Humor
gives life to our manner of working.
8. Finally do things in a totally different and new manner.
9. Generate the cultures of Innovation.
According to George Bernard Shaw, “If you have an apple and I
have an apple and we exchange these apples then you and I will
still each have one apple. But if you have an idea and I have an idea
and we exchange these ideas, then each of us will have two ideas.”
One can be creative and innovative only after indulging in a very
strong and effective thinking process.
“Think left and think right and think low and think high.
Oh, the things you can think up if only you try.”
- Dr. Seuss
Therefore, in order to be successful in your life be creative and
innovative.
16. WOMEN EMPOWERMENT
-Prakrity Dadsena
ALS-II
Pandit Jawaharlal Nehru rightly said, “To awaken the people”, it
should be ‘to awaken the women”. When a woman takes her first
step with her moves her family, society and the nation.
Women empowerment means breaking all boundaries and
limitations and letting women empower themselves by taking their
own decisions in this dynamic world. It also refers to increasing and
improving the social, economic, educational and political powers of
women. This requires creation of a society or a community where
there is no gender biasness and women are given equal status to
that of men.
Though, many programs have been instigated, like the celebration
of 8Th
March as International Women’s Day to appreciate the
achievements of Women, yet they fail to achieve their objective.
Surveys conducted show that women are almost in the same ratio
as that of Men however they are the ones, which face most cruelty
in the society.
When given opportunity women have proved their capability, be it in
sports, technology, cinemas, theatre, politics, advocacy or any
other filed. Women have always been the backbone behind every
successful nation. Therefore, women should be empowered and
they cannot be empowered by mere policies but by changing the
mindset of men dominant society.
17. WHERE ARE WE ACTUALLY HEADING TOWARDS?
By- Shivani Dewalla,B.ALL.B(H),Semester IV
ALS-II
"The simplest way to harass is to get the husband and his relatives
arrested " the 2 judge bench of SC headed by justice Chandramauli
kumar prasad adjudged .
Which picture is appealing to believe a newly wed bride being burnt
In the kitchen because number of suitcases carrying the yellow
metal and expensive silk sarees were less in number or innocent in -
laws including bed ridden grandparents being beaten black and blue
getting the punishment for the sin they never committed .
Women are supressed, women are beaten , women are tortured and
still ironically we say it's a womans world.
In spite of being a citizen of the Morden era our mindset is still
barbaric. From movies like Dawate ishq to the daily soaps on the
popular TV channels and right at your neighbourhood house of Mr
.singh false dowry cases are found everywhere but less noticed
,less believed and hence ignored !
In a Mans world women need to be protected from crimes like
dowry deaths , domestic violence, rape etc . But don't the men
deserve protection from the misuse of laws on the same which are
sometimes abused to settle personal scores. Often daughter in laws
are seen threatening their in laws for filing a false dowry case .
In states like Bihar and UP where boys are abducted and forced into
marriage false rape cases are registered against the groom to
prevent them from escaping the ritual trap.
Taking statistics into consideration 95 % of the dowry cases filed
today are false and are an easy way out for girls to extract money
from the family . This in turn is a call to make Section 498 A of IPC a
bailable offences as the percentage of false cases pile up as mostly
the accused are old in - laws.
So next time you happen to hear of a neighbourhood family behind
bars before passing a stereotype judgement think twice were they
really at fault ?
18. HUMAN TRAFFICKING
Mrudula Mohan,B.ALL.B(H),Semester II
ALS-II
Human beings are referred to be the most intelligent species on the
world with the ability to think and work accordingly. Human being
during the course gaining power and money forgot about the value
of life and rights of a human being. As said by Mahatma Gandhi “the
world have enough for everyone’s need but not enough for
everyone’s greed”. They started selling and buying them self and
organs for money. This trading of humans for the purpose of sexual
slavery, forced labour and organs are called as human trafficking.
Human trafficking is one of the most serious problem and
challenges faced by international Human right Commission. While it
is commonly believed that trafficking only takes places for
commercial sexual exploitation or for forced labour, trafficking in
fact takes many forms such as trafficking for forced marriage and
trafficking for organ trade among others. Article3(a) of the Protocol
to Prevent, Suppress and Punish Trafficking in Persons defines
Trafficking in Persons as the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or
of the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person, for the
purpose of exploitation. Things have gone so worst that they started
using their intellect for trapping innocent or helpless people.
These trapping could be done by several methods such addicting a
person to some drugs, blackmailing using their family background,
kidnaping or abducting a child, false job offering, using homeless
beggars etc., There has been a big mafia or rackets all around the
world, which exists for trapping people either through virtual or real
world. The worst cases on human trafficking is done by organ
removal crimes which are observed in South America, Africa, Asia,
and Eastern Europe. According to the New York Times, India has
been ranked first among the Asian countries for large number of
human abduction by the name several offers such as job, marriage
19. etc. It wouldn’t be of much surprise to know that women and almost
20% of all trafficking victims are children who are most targeted in
these crime. However, in some parts of Africa and the Mekong
region, children are the majority. Every year over 70000 children,
men, women are being a victims of such inhumanity. Many
instances the families of the organ acceptors are unaware of this
fact that the organ which had saved their life was actually stolen by
killing an innocent life.
Article5 has criminalized the conduct set out in article3. Domestic
legislation does not need to follow the language of the Trafficking in
Persons Protocol precisely, but should be adapted in accordance
with domestic legal systems to give effect to the concepts
contained in the Protocol. In addition to the criminalization of
trafficking, the Trafficking in Persons Protocol requires
criminalization also of:
1. Attempts to commit a trafficking offence
2. Participation as an accomplice in such an offence
3. Organizing or directing others to commit trafficking.
United Nations Office on Drugs and Crime (UNODC's) work in the
human trafficking field and the real-life complexities faced by
people globally every day, please click on the following links:
1. Prevention of trafficking in persons
2. Protection of victims of human trafficking by establishing a
separate anti-human trafficking unit (AHTU), which was set up at
the district police Headquarters has a 24x7 helpline number -
9470001390.
3. Prosecution of trafficking offenders
The doctors who perform such surgeries will permanently lose their
practicing permit and will also be jailed for the same.
20. MY WAY OF LIFE : TRAVELLING
SHREYA SHARMA,B.ALL.B(H),Semester II
ALS-II
According to Oxford dictionary, the definition of travel is: to make a
journey, typically of some length.
To me, travelling is just going somewhere, anywhere, whether
familiar or new. It doesn’t matter if it’s new town over, a new
country or a continent on the other side of the world. And I think it
doesn’t matters if you’re gone for one day or one year or one
decade. As long as you have even the slightest interest in the
destination you’re in the process, I think that’s when you are
travelling. It encompasses a great range of experience. By travelling
one not only gets to learn about new things, people and various
untold stories. Travelling gives you memories that you cherish till
you live.
Not only this travelling has various other benefits as well such as it
is beautifully stated by Danny Kanye that “ To travel is to make a
journey into yourself.” It means that it not only helps us in
enhancing our knowledge but it also helps us stay healthy and
refreshed as while travelling we get an opportunity to disconnect
ourselves from our regular life, we get to forget our problems, it also
helps us figure out things that would not have been understood
without distance travelling. Travelling gives us relaxation, it is a
good stress remover that has alot more to give than most people
are willing to accept. As we travel we get exposed to new people,
cultures, and lifestyles which helps us increase our knowledge but
it also widens our perspective. It also gives us self motivation and
confidence to present our thoughts and feelings in a more organised
manner.
I think to enjoy more joy in life is to travel more and I believe that
one learns more things in life whether morally or intellectually
through travelling. By visiting new places and meeting new people
21. makes us a more confident person. I have travelled in most parts of
India with my parents from Srinagar in the north to Bangalore in the
south, but there are still many places that are yet to be explored by
me. My aim is to travel each and every part of our country, meeting
new people and knowing about various cultures we have. Places
that I have been to so far were places of tourist attraction where as
I also want to go places that are isolated but still have population
living in there, I want to hear their stories, the food they eat, the
traditions they follow and the struggles they face. I also wish to
visit other countries and admire the beauty of nature. One of the
few things I learned from the places I have travelled was that in
north India was that women leave their houses at about 3 a.m. in
the morning to serve tea to the tourists at Tiger hill where people go
just to see the sun rise and the cabs that take people to the hill
offer lift to these women as people their believe that if they will help
a person in need then surely someone else will help them when they
will be in need this is one moral value that I learned from that place
that I still remember and follow. This is what travelling to different
places has done to me it has made me a better person with time
and now I would like to end this article with a poem which I have
written on travelling,
Here I go,
There I go,
Wherever I go,
Some knowledge I store.
New food I eat,
New people I meet,
New cultures I learn,
All of which is fun.
Roads I travel,
Some new and some unknown.
The places I visit,
22. Have untold stories I hear.
Refreshment is all I need,
Antique things are what I see,
This is what widens my prospective,
Travelling is what I relish.
RELEVANCE OF COMMUNICATION SKILLS FOR LAWYERS
KARTIK TYAGI,B.ALL.B(H),Semester II
ALS-II
“The single biggest problem in communication is the illusion that it
has taken place.”
–George Bernard Shaw
We start communicating the moment we are born. As we grow, we
develop a communication toolkit. Good communication skills are
vital to a successful, rewarding practice. You need to communicate
well with your clients, staff, partners, associates, other lawyers,
and vendors. Improving your communication skills will let you
express yourself with more confidence; more confidence will help
you attract more clients and influence your peers and referral
sources.
PROHIBITION OF CHILD MARRIAGE
ANUSREE,B.COM.LL.B(H),Semester II
ALS-II
23. If you come from a traditional family, your grandparents might have
told you about the solemnization of child marriage which was very
common in the first half of the last century. But, even now, it exists
in some areas of our country, wherein a child is forced to contract
marriage with another child or to an adult, who is usually a male
adult. Don’t you think such child marriages are merciless and
blatant violation of the rights of the child ?
The Child Marriage Prohibition Act of 2006 prohibits such marriages
where one of the parties is a child. This Act was enacted by the
parliament by repealing the old Act,’ The Child Marriage Restraint
Act 1929’.A boy who has not completed 21 years of the age or a girl
who has not completed the age of 18 years is considered a child
under the Act.
In a marriage, when either of the party is a child, it is considered to
be a child marriage. Such a marriage is voidable at the option of the
child and the District Court having appropriate jurisdiction has the
power to annul or declare nullity of such marriage on a petition
filled by the ago the marriage aggrieved party to the marriage .Such
a petition shall be filled at any time within 2 years of attaining
majority.
The punishments for a male adult marrying a child shall be rigorous
imprisonment up to 2 years or fine up to 1 lakh rupees or both. The
punishment for solemnizing a child marriage in the form of
performing the child marriage or abetting child marriage in any form
shall be liable to the same punishment unless he proves that he had
reasons to believe that the marriage was not a child marriage.
On an application filed by the Child Marriage Prohibition Officer or
on receipt of a complaint regarding child marriage, the Judicial First
Class Magistrate in the local area has the power to order prohibition
of such child marriage under the Act. Government is empowered
under Section 16 of the Act to appoint such Child Marriage
Prohibition Officers to prevent solemnization of child marriage by
taking appropriate legal actions and also to propagate the evils of
child marriage in the society.
24. AMICOMM LITERARI
HOW I DEFINE LIFE?
Anukarsh Pradhan, B.ALL.B(H),Semester II
ALS-II
Success, Money And Satisfaction Are All Very Different Things.
From the very first breath, the race begins.
A race to come 1st, a race to succeed, a race to prove yourself, a
race to make it, a race to survive, a race to LIVE.
Life as we know it is governed by two things, time and money, since
we cannot control time, we try to get as much money as possible.
But is Money the answer?
Is it the ultimate salvation?
We are told not to envy other people, cherish what we have, make
ourselves better! But when it comes to that moment, the very basic
judgments are done by comparing two people.
"Success" is a very big word if you think about it.
What is success? What governs it? Who has the final judgment?
Why should I do things in order to find myself "successful" in
someone else's opinion?
25. People have different goals in life, mainly regarding money, you get
all the money in the world and still have a craving for more, never
being satisfied.
I guess, in the end it's not about money, it's not about how
successful one has become, it's not about pride or ego, it's about
one's own satisfaction.
And what is satisfaction to us?
If we let others decide that for us too then what is the point of
individuality?
What is the point of hard work?
What is the point of doing things?
What is the point of achieving "our" goals and dreams?
What is the point of living?
We waste a whole lifetime trying to figure out how to attain
happiness, we try so hard to achieve all those goals set by others
which apparently would give us eternal happiness and satisfaction.
We literally work to achieve someone else's goals, thinking it'd
make us happy because we think that they are the real judges of
our lives.
We finally are able to achieve everything that everyone else wanted
us to do, expecting a good reward at the end. Happiness and
satisfaction, but we never get it.
*The moment of denial*
Why did I do that?
Where was my fun?
How will I get my happiness that was promised to me?
I want my life back.
I don't feel good about myself.
26. It wasn't worth it.
In the end we start question our every move, every decision, every
thought, every breath and then finally the purpose of our life.
#DoWhatYourHeartWants.
#BeHappyForYourself.
#LiveYourOwnLife.
THE NEW WORLD (The Less World)
Our Phones - Wireless
Our Cooking - Fireless
Our Cars - Keyless
Our Tyres - Tubeless
Our Food - Fatless
Our Dresses - Sleeveless
Our Feelings - Heartless
Our Attitude - Careless
Our Dreams - Flightless
Our Goals - Aimless
Our Babies - Fatherless
Our Children - Mannerless
Our Youth - Jobless
Our Education - Valueless
Our Relationships - Meaningless
Our Fights - Pointless
27. Our Leaders - Shameless
Our Government - Clueless
Our Religion - Godless
Our Country - Hopeless
Our Future - Worthless
This makes me speechless!
DIFFERENCES-NOT ANY MORE (On invitation)
Elisha Chowdhary
Ashoka University, Sonepat
28.
29. Prayer of a Subservient Lover
Amit Kumar
BA(H) English, AIESR(On invitation)
"I cried last night,
for a lost battle of love,
tears rolled inside me,
my heart turned sour again,
I took a deep breath,
putting ice on my burning heart,
for love is to let go,
than clutching the sand in vain."
"Fly away Oh! My dove of peace,
Far, Far away to Mt. Olympus,
your humble abode of happiness,
for I wish you to be happy...
The roses of your cheeks,
and strawberries of your lips,
Seal em' all,
in the chest of my heart,
For love of mine is a reflection,
than ripples in the waters of forgetfulness."
"Adieu! My unheard love song,
for no long the pianist,
vibrates naturals and accidentals,
for the flute refuses to blow,
and the harp weeps with its broken strings."
"Fairwell, Oh! Queen of celestial heavens,
now rise to the gates of the keepers,
for your prince twists and turns in his bed.
Step on to my heart,
and rise like a phoenix,
leaving behind a trail of ashes"...
30. Significance of Folktales
Ms.Aastha Arya
Mphil(English Literature),AIESR,AUUP,NOIDA
Folktales emerge from different societal experiences be it social,
political, religious or cultural. They speak to deep psychological and
moral issues and respond to societal belief system and functioning
either by challenging them or by reinforcing them; wherein the
former role holds prominence. For example by narrating the
folktales of famous fox and a sheep, the inherent lesson that how
clever people take advantage of the naive ones and how one should
save their nerves from them; is transmitted in the society. Not only
do they provide immense entertainment; they fulfill the
responsibility of embracing belief system of respective culture;
enunciate the mysterious world of nature; express our dreams,
aspirations, hopes and fears; and resultantly provide an order of
living in this chaotic and incomprehensible world. Thereby having
knowledge of all these is what makes one culturally literate.
Furthermore, it educates the younger ones about the importance of
morals, values and teachings; thereby enabling them to differentiate
between good and bad and to always associate with what is good.
Jawaharlal Handoo very beautifully describes the essence and
characteristics of folklore in his Folklore in Modern India when he
says, “Folktales and legends are like a big public container kept at a
holy shrine, in which people donate a variety of food. These can be
like a big cooking pot in a charity kitchen in which everyone might
throw anything while it becomes like a cooking khichery and at last
it becomes difficult to discover who owned the pot, who started it,
when it all began. No one is able to identify the contents and the
contributors and thus the entire pot offers a multi-tasting food
meeting the requirements of all sorts of visitors to the shrine.”
31. Since India is a country where the elements of folklore exist in
abundance in form of folk knowledge including oral as well as
material knowledge; folk performing art such as folk dances, folk
songs, folk drama; non performing art; folk practices such as folk
rituals and tradition; and folk literature; therefore it represents our
history, heritage and complex cultural system.
EVENT REPORT
AMITY MOCK PARLIAMENT
Amity Law School – II
Amity University, Noida
By- Mrudula Mohan,BA.LL.B(H),Semester II
Amity mock parliament committee organised The Second Youth
Parliament named as “Amity mock Parliament 2016” on February
18th
and 19th in the year 2016. It has been established with a
motive to promote the activities of community service programs and
to advocate social or political change. It is a simulation of the
parliamentary proceedings of a legislature and executive, based
upon the Indian Parliamentary system. The occasion began by
lighting the lamp by Shri H.E. KAPTAN SINGH SOLANKI, Governor of
Punjab and MP, Shri K.S.BAINS, Retired IAS officer and MS. SHEILA
DIKSHIT, Hon’ble former member of Delhi Legislative Assembly.
This was followed with a marvellous speech on the agendas and its
objective by following the dignitaries:
1. SHRI H.E. KAPTAN SINGH SOLANKI, Governor of Punjab and
MP
2. SHRI K.S.BAINS, Retired IAS officer
32. 3. MS. SHEILA DIKSHIT, Hon’ble former member of Delhi
Legislative Assembly
4. SHRI MUKHTAR ABBAS NAQVI, Hon'ble Union Minister of
State for Parliamentary and Minority Affairs
5. SHRI ASHOK K. CHAUHAN, founder, president of amity
university
6. MS. BALVINDRA SHUKLA, Pro-Vice chancellor Amity university
Amity mock parliament-2016 received over 300 applications from
students belonging to different universities around India. The three
agendas upon which the mock parliament discussion was based on
was as follows:
1. The Lok Sabha – No confidence motion against NDA
Government
2. The Stake Holders Meet – Reviewing intolerance in India
3. The Futuristic Crisis Committee 2030 – Internal disturbances
leading to disintegration of India
33. The event was sponsored by Manupatra.com as head sponsor and
various other sponsors such as KAZO as associate sponsor,
offbetgrp from UAE and urban piper as co-sponsors, Food Vatika as
food sponsor and university express and smachar plus as media
sponsors
34.
35.
36.
37. MY PAGE SPECIAL: LEGALLATHON
Stuti Sharma ,B.ALL.B(H),Semester II
ALS-II
LEGAL MAXIMS
This article urges to update you about some new legal maxims used
by Legal Professionals and students:
1. Generalia specialbus non derogant
A well-recognised rule of interpretation. The provisions of
a general statue must yield to those of a special one.
1. Also known as the rule of implied exception.
2. Literally meaning “the general does not detract from the
specific”.
3. Falsa demonstratio non nocet
Literally means “a misnomer no harm”.
1. The team comes from the legal language and means that a
false description does not vitiate the document.
2. Cessante ratione cessate lex
“The law itself ceases if the reason of the law ceases.”
3. Actio personalis moriture cum persona
A general rule of the common Law of Torts.
38. 4. Meaning that the personal action dies with the person.
5. In such a case death puts an end to the right of action.
6. Nemo plus juris ad alium transferre potest quam ipse habet
“no one can transfer to another a greater right than he has
himself.”
7. In pari delicto potior est conditio possidentis
When the parties are equally in the wrong the condition of the
possessor is better.
8. Judex est lex loquens
A judge is the law speaking.
9. Legibus sumptis desinentibus legibus naturae utendum est
When laws imposed by the state fails, we must use the laws of
nature.
10. Justitia nemini neganda est
Justice is to be denied to no one.
11. Optima legum interpres est consuetudo
39. The best interpreter of law is custom.
12. Res judicata accipitur pro veritate
A thing adjudged is accepted for the truth.
13. Salus populi est suprema lex
Safety of the people is the supreme law.
14. Ut poena ad pancos, metus and omnes , perveniat
That punishment may come to a few, the fear of it should
affect all
15. Verba debent intelligi cum effectu
Words ought to be understood with effect.
16. Naturae vis maxima est
The force of nature is the greatest.