335 results found for ""
- Imperative Theory : Austin
Imperative Theory : Austin www.lawtool.net Imperative theory of law defines "law as the command of the sovereign"This theory states what a legal rule is, and, distinguishes it from a 'just rule' or 'a moral rule'. It takes into consideration the formal criteria ofa legal rule, and distinguishes it from morals, etiquette etc. Trieste is founder of this theory is. Austin. According to him positive law has three characteristic features : . It is a type of command; It is laid down by the political sovereign & It is enforced by a sanction Commands: According to Austin, every positive law is a direct or circuitous command of the monarch or the sovereign, to his subjects. Austin explains the nature of these commands. In a State, where there is an absolute Ruler, by name R, are all the orders made by him commands? His order to his servants to close the door, or to arrange for a banquet; (if not followed the servant may be punished). There are not commands but only desires according to Austin. To be law, the command must be a general command. Of course, generality alone is not sufficient to be a law. Political Sovereign: Law emanates from the political Sovereign or Superior. A sovereign may be a person or a group of persons, but not obedient to any other person. He enjoys the obedience of his subjects; Of course, perfect obedience may not be available. Laws may be obeyed out of respect, fear, habit or wisdom. The reason is not important for Austin, but, obedience to the sovereign exists as a fact, in general. Sanction: Human nature being what it is, a sovereign without a means to enforce his commands would have no scope. Law stands in need of sanctions. To Austin law is something for the citizen to obey, not as he pleases but whether he likes it or not. This can be achieved by using some coercion (force), that is, by inflicting punishment, by the sovereign. Thus, sanction is part of law. Criticism: Austin's theory has been attacked by many. i) The Naturalists, opposed the positive law, stating that Codes, Statutes, Constitutions etc. are enforced by force and, hence, are not true law, but a violation of law. Moral and ethical base is essential for a good law and there cannot be good positive law, without this base. Austin's definition of law as a command of the sovereign, is silent about customary law. Viewed from this angle, international law is no, law all according to Austin. In reality this is not so. There are some laws which are not commands, but are rules which confer only powers. Right to vote, right to contest for election etc. examples. Laws continue even after the extinction of the actual law giver. Some provisions of the Constitutions provide for restrictions on the law giver and some provisions cannot be changed, in some States, e.g. basic structure in India. English law is full of judge-made law. Austinians argue that judges are the delegates of the Parliament. But, this is not so in reality. Under judicial review in many States judges declare law as null and void. Hence Austin's Theory is inadequate to explain this. Rules defining sovereignty are varied. Modern States have written Constitutions. These provisions are hardly the commands of the sovereign. Conclusions: Though critics have an edge against the imperative theory, the fact remains, that this theory contains a lot of truth. The law emanates from and is visited with penalty by an authority. This is best explained by imperative theory than by any other theory.
- MAJOR THEORIES OF LAW
MAJOR THEORIES OF LAW www,lawtool.net Major Theories: The major theories of law, which are prominent in legal theory (jurisprudence) are the following: i) Law as the dictate of Reason. This is the natural law theory. ii) Law as the command of the Sovereign of the State. This is the imperative theory. (Austin's theory) iii) Law as the practice of courts. This is the theory of "Legal Realism". (Salmond's theory) iv) Law as a system of Rules. This is called as Hart's theory. Natural Law theory: Natural law theory defines "law as the dictate of reason". The theorists are called the Naturalists. Law consists of principles of Justice and morality which are deduced from the objective moral principles of nature. These are rules of conduct for human beings, and, may be discovered by natural reason and commonsense. These are true law and are not obligatory but are followed naturally by the people. This is the essence of this theory of law. Naturalists oppose the positive law founded in Codes, Statutes, Constitutions etc., These are obligatory and are enforced by force All these, which are opposed to natural law, are riot really true law, but are only a violation or abuse of law. Merits: The merits of this theory of law are as follows: Superior standard: When the ordinary positive law falls short of some ideal, the people appeal to some higher standard based on natural law. The cry of the people in such cases would be "an unjust law is no law at all". Thus natural law has some leading role to play. Obedience: The phenomena of nature like the movement of the moon, the earth and the heavenly bodies are governed by the law of nature obligatory and are being followed. However, people have made their own customs, manners, fashions etc., and these are arbitrary and conventional. They do not command obedience as natural law. Stoic's Philosophy: The Stoic philosophers developed this concept further. According to them, "man should live, according to nature" since, man by nature is endowed with reason. True law is equal to right reasoning. Natural Rights: On the ground of "reasoning", the fundamental human rights have their base in natural law. For example, equality, has its base in natural lawNaturalists say "A dwarf is as much a man, as a giant is". Criticism:Natural law has its own formidable difficulties, Not followed in Practice: Natural law holds that the people 'ought' to follow its rules. But, in reality this may not be so. For example, man out to beget children, just like a tree bearing fruits. This may not be followed. Even States may impose restrictions on begetting children. Fulfilling functions: The principle of nature is that everything has its proper function and so, it must fulfill this function. The function of a watch is to show correct-time, as per its maker. This is its definite purpose. This analogy is not fully applicable to man. His purposes and functions are varied. The question about his maker god creates many other problems. Functions: According to nature, it is the function of smoke to rise, fire to burn, of tree to bear fruits, and of wind to blow. Likewise there are many functions of man founded on "reason". iv) There is no acceptance of natural law, universally. Slavery was recognised in Rome and Greece. Inequality prevails on the basis of religion, colour etc. Contents:The contents of natural law are also changing. Monogamy is recoginsed in many States ; Polygamy is some others etc. Natural law has not provided for the security and protection of property and of the person of the individuals. Disputes are solved or decided by the Courts and tribunals. Applying moral or natural law, it may become difficult for them to solve.
- CONSTITUTIONAL OBLIGATION - ENVIRONMENTAL PROTECTION
CONSTITUTIONAL OBLIGATION - ENVIRONMENTAL PROTECTION www.lawtool.net The Constitution of India, which is the supreme. Law of the land, has imposed an obligation to protect the natural environment both on the State as well as the Citizens of India. Part IV of the Constitution called the Directive Principles of State Policy has imposed certain fundamental duties on the State to protect the environment. Part IV A of the Constitution has imposed a fundamental duty on every citizen of India "to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures". OBLIGATIONS ON THE STATE Article 39 (b) of the Constitution of India provides that the State shall direct its policy to see "that the ownership and control of the material resources of the community are as distributed as best to sub serve the common good." The term `material resources of the community' embraces all things, which are capable of producing wealth for the community.' The expressions 'material resources of the community' has been held to include such resources in the hands of the private persons and not only those, which have already vested in the State.2 The Constitution of India through Article 42 has directed the State to endeavor to secure just and human conditions of work. Under Article 47 it imposes a duty upon the State to raise the level of nutrition and the standard of living of its people and improve public health. The Supreme Court in Municipal Council, Ratlam v. Vardhichand observed, "The State will realize that Article 47 makes it a paramount principle of governance that step are taken for the improvement of public health as amongst its primary duties," Under Article 48 directs the State to take to organize agriculture and animal husbandry on modern and scientific lines. In particular, it is directed to take steps for preserving and improving the breeds and prohibiting the slaughter of cows, calves and other much and draught cattle . Of all articles, Article 48A which was added to the Constitution by the Constitution of India 42nd Amendment Act in the year 1976, expressly directs the State to "to protect and improve the environment and to safeguard forests and wild-life" The Madras High Court in M.K.Janardhanam v. District Collector, Tiruvallur served that "the phrase used (in Articles 48A and 51A) is 'protect and improve' which implies that the phrase appears to 'contemplate affirmative govern-mental action to improve the quality of the environment and not just to preserve the environment in its degraded form." The State is also required under Article 49 "to protect every monument or place or object of artistic or historic interest (declared by or under law made by Parliament), to be of national importance from spoliation, disfigurement, destruction, removal, disposal or export.' Article 51 provides that the State should strive to "foster respect for international law and treaty obligations". Most important of all articles is Article 37 which declares that the directive principles contained in Part IV of the Constitution are 'fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws." In all the above articles, the expression 'State' is used and one should under-stand the meaning of the word 'State'. The framers of the Constitution of India chose to adopt the same definition for the word 'State' as defined in Article 12 for the purpose of Part IV of the Constitution as wells. This was done to enable the judiciary to interpret it so widely to bring all agencies and instrumentality of the State under the scope of the word 'State'. The object was to direct all such agencies and instrumentality of the State to apply the directive principles in making laws. The Supreme Court in M.C. Mehta v. Union of India6 held that "these directive principles (Articles 39 (b), 47 and 48A) individually and collectively impose a ty on the State to create conditions to improve the general health level in the country, and to protect and improve the natural environment. The Word State as defined in Article 12 and as interpreted by the Supreme Court through various cases decided by it means and includes: (1) The executive and the legislature of the Union, (2) The executive and the legislature of the State, (3) The judiciary' (4) Local authorities like Municipalities, District Boards, Panchayats, Townships, Corporations, Improvement Trusts, etc., and (5) Other authorities which are agencies or instrumentality of the States By a generous interpretation, of the word 'State', the Supreme Court has now included many institutions including societies registered under the Societies Registration Act, 18609; a Government Company is incorporated under Sec,617 of the Companies Act, and every 'Other authority' as a 'State' if it is an instrumentality of the State. The wide interpretation given to the expression 'State' by the Supreme Court is to widen the scope and amplitude of the Fundamental Rights and the Directive Principles of State Policy. Hence, now it has become the fundamental duty of all ‘authorities’; coming under the purview of Article 12 to fulfil the obligations contained Part IV of the Constitution of India. The Legislature, both the Union and the State, to fulfil their fundamental obligations contained in the Constitution, have enacted a number of legislation to protect and improve the natural environment and to safeguard forests and wild-life. The Executive, both the Union and the State, to fulfil their constitutional obligations, have made sufficient number of rules to effectively implement the laws made by the legislatures to protect and improve the natural environment and to safeguard forests and wildlife. The Judiciary, to fulfil its Constitutional Obligations was and is always pre-pared to issue 'appropriate' Orders, 'directions and writs against those persons who cause environmental pollution and ecological imbalance. This is evident from a plethora of cases decided by it starting from the Ratlam Municipality Case". Vardhichand12 provoked the consciousness of the Judiciary to a problem, which had not attracted that much attention.' The Supreme Court responded with equal anxiety and raised the issue to come within the mandate of the Constitution. In this case, the question related to the court's power to force public bodies under public duties to implement specific plan in response to public grievances, which related to environmental pollution, The Supreme Court in Ratlam-Municipality case observed: "Why drive com-mon people to public interest 'action? Where Directive Principles have found statutory expression in Do's and Don'ts the court will not sit idly by and allow municipal government to become a statutory mockery. The law will relentlessly be enforced and the, plea, of poor finance will be poor alibi when people in misery cry for justice. The dynamics of the judicial process has a. new enforcement dimension not merely through some of the provisions of the Criminal Procedure Code but also through activated, tort consciousness. The officers in charge and even 'the elected representatives will' have to face the penalty of the law if when the Constitution and follow-up legislation direct them to do are defied or denied wrongfully". The Supreme Court in Aural litigation and Entitlement Kendra v. State of U.P.13 ordered the closure of. Certain lime stone quarries causing large scale pollution and adversely" affecting the safety and health of the people living in the area. Likewise, the Supreme Court in M.C. Mehta v. Union of India" directed an industry manufacturing hazardous and lethal chemicals and gases posing danger to health and life of workmen and people living in its neighbor hood, to take all necessary safety measures before reopening the plant. In yet another case filed by Mr. M.C. Metha it ordered the chisure of all tanneries, which were found to be polluting the river Ganga". The Supreme Court on another occasion"' directed the Mahapalika to get the dairies shifted to a place outside the city and arrange for removal of wastes accumulated at the dairies so that it may not reach the river Ganga. In the same case, it also directed the Mahapalika— I. to lay sewerage line wherever it was not constructed, 2. To construct public latrines and urinals for the use of poor people free of charge, 3, to ensure that dead bodies or half burnt bodies are not thrown into the River Ganga and 4. To take action against the industries responsible for pollution. In the Delhi industries pollution case", the Supreme Court ordered for the shifting of 168 hazardous industries operating in Delhi as they were causing danger to the ecology. In S. Jagannath v. Union of India's the Supreme Court has held that setting up of shrimp culture farms within the prohibited areas and in ecologically fragile coastal areas have adverse effect on the environment, coastal ecology and economics and hence, they cannot be permitted to operate. The Supreme Court in A:P. Pollution Control Board II v. M. V. Nayudu' referred to the Resolution of the UNO" passed during the United Nations Water Conference in 1977 to which India is a party and observed that "the right to access to drinking water is fundamental to life and there is a duty on the State under Article 21 to provide clean drinking water to its citizens." 2 "All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs." What is stated above is only a very small portion of the contributions made by the Judiciary to protect and improve the environment and to safeguard forests and wildlife. OBLIGATIONS ON THE PART OF CITIZENS The constitution under part IV A, Article 51 A (g) has declared that it shall be the fundamental duty of a citizen of India " to protect and improve the natural Environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures’: Article 51A (j) has imposed on citizens another fundamental duty "to strive to-wards excellence in all spheres 'of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement". The Rajasthan High Court in Vijay Singh Puniya v. State of Rajasthan observed that "any person who disturbs the ecological balance or degrades, pollutes and tinkers with the gifts of the nature such as air, water, river, sea and other elements of the nature, he not only violates the fundamental right guaranteed under Article 21 of the Constitution but also breaches the fundamental duty to protect environment under-Article 5-1A (g). This observation was made in a writ petition filed against dyeing and printing units, which were discharging effluents and he polluting the water sources used' for agricultural and drinking purposes. The question before us is whether we as, citizens of India have fulfilled our part of obligation imposed by the constitution of India? The answer is "No". In Plato's phrase, " We are still -like cave men, with our backs turned to the light, watching the shadows on the' wall ". Dr. Konrad Adenauer, the form-ex-Chancellor of West Germany, remarked that in creating man, God had hit upon a very poor compromise. If he had made man more intelligent, he could have known how to behave; if he had made matt less intelligent, he would have been easier to govern23. Since man does not know how to behave, the necessity arises of legal responsibilities to prevent liberty from degenerating into license. It, is true that eternal vigilance is the price of liberty. But it is true, in even a deeper sense, that eternal responsibility is also part of the price of liberty. Excessive authority, without liberty, is intolerable; but excessive liberty without authority and without responsibility, soon becomes equally intolerable. 24 De Tocqueville made the profound observation that "liberty cannot stand alone but 'must be paired with, a companion virtue, liberty and morality; liberty and law; liberty and justice; liberty and the common good; liberty and civic responsibility,"" Paras Diwan, in his "Environment Administration, Law and Judicial Attitude" has pointed out that the people in India love pollution to such an extent that they cannot live without it, because, "traditionally we are a pollution loving nation. We pollute air by bursting crackers on Dussehara, Diwali and on the occasions of marriages and other festivals. We pollute our rivers by disposing of dead bodies and all other human and other wastes. We take out so much from wood from our trees for fuel that in many areas trees have become scarce. We are lovers of cleanliness and, therefore, broom out all of our household and other waste on the public streets. Any space 4 ow enough for us to ease; we are country which believes in open latrines. Municipalities are oblivious of their duties and all city wastes, human and' industrial effluents are allowed to flow in open drains and to 'flood the streets. We are equally fond of noise pollution. Godman's voice must be heard by all, day and night, and our Ratjagas, Akhandpaths and azan must use loudspeakers and amplifiers; no one should be deprived from hearing God and Godmen's voice-and Gods too are far away beyond' the hell and heaven. Our voice must reach them; otherwise our spiritual needs will remain administered. We are not less noisy in our secular matters. Our marriage and funeral processions must be accompanied by bands, twists and Bhangras. While this being one view, there also exists another view that traditionally we are nature loving people. We worshipped nature in all forms: the sun, forests, trees, rain, air, rivers, etc. Though it will not be relevant here, to argue whether we, the people of India are nature loving people or pollution loving people. Whatever it may be we will have to certainly agree that the unprecedented in-crease in the number and activities of human, since the industrial-revolution and particularly in the later part of this century, have given rise to a deterioration of the environment and depletion of natural resources that threaten the future of the planet Earth. Though this subject is of everyone's concern, in fact, pollution and Environ-mental Protection has drawn the attention of a very few social conscious people like Vardhichand, M.C.Mehta, Avadash Kaushal, founder of Rural Litigation and Entitlement Kendra, and other NGOs like Kalpavriksh, Kerala Sastra Sahitya Parishad, World Wide Fund for Nature - India (WWF India), Bombay Natural History Society, Narmada Bachao Andolan, CPR Environmental Education. Centre, etc. In M. K. Janardhanam v. District Collector, Tiruvallur27 the Madras High Court appreciated the petitioner for the efforts taken by him. "Under Article 51A(g) it is the fundamental duty of every one of the citizens of this country to protect and improve the natural environment including forests, lakes, rivers, all other water resources and wild life and to have compassion for living creatures. The petitioner should be complimented for discharging his constitutional obligation by bringing to the notice of this Court at the risk of his personal safety the unimaginable aggression on natural resources by unscrupulous element." But on the other hand, according to one Survey, majority of the population in India, mostly the poor and the slum dwellers are not even aware of the problem, leave alone the seriousness of the problem. Various legislative and administrative measures adopted by the. Government both the State and the Central show its serious concern for protecting the environment. Judicial Activism in India provides' impetus to the campaign against pollution. Vardhichand showed the path for people's involvement in the just icing process, without which the system would crumble under the burden of its insensitivity. Judicial Activism is the hope, but just as to get the butter, churning is essential, similarly its vibrational impact would not be possible so long as no-action status continues due to ignorance of the seriousness of the problem and the obligations imposed by the Constitution of India. While we are commendably concerned with the issue of 'Human rights', we may ask ourselves - are we equally mindful of the paramount need of legal responsibilities? FUNDAMENTAL RIGHT TO LIVE IN A HEALTHY ENVIRONMENT --JUDICIAL ACTIVISM IN INDIA The right to live in a clean and healthy environment is not a recent invention of the higher judiciary in India. This right has been recognized by the legal system and by the judiciary in-particular for over a century or so. Tile only difference in the enjoyment of the right to live in a clean and healthy environment today is that it has attained the status of fundamental right the violation of which, the constitution of the India will not permit it was only from late eights and there rights as a fundamental prior to the period as pointed as pointed out earlier the people of the country has enjoyed the right. Not as constituently guarantied fundamental right but a right recognized and enforced by the court of law under different laws like torts, Indian penal code, and civil procedure code. Etc. In today immerging jurisprudence environmental rights which encompass a group of collective right are described as 3rd generation rights the 1st generation rights are generally political rights such as those found in the international covenant on civil and political rights while 2nd generation rights are social and economical rights as found in the international covenant on economics social and cultural rights. RIGHT TO LIVE IN A HEALTHY ENVIRONMENT AS BASIC HUMAN RIGHTS Right to life being the most important of all human rights implies the right to live without the deleterious invasion of pollution environmental degradation and ecological imbalance . There is building up in various countries a concept that rights to healthy environment and to sustainable development a fundamental right implicit in the right to life. The universal declaration of human rights 1948 has declared that every one has right to life and that every one has right to a standard of living adequate for the health and well being of himself and of his family the international ..
- Top Law Cases
LAW TOP CASES Law Top Cases Advocate Shanmughsundram Case Ajmer rape case 1992 Geeta and Sanjay Chopra kidnapping case Jessica Lal Murder case K.M. Nanavati v. State OF Maharashtra AIR 1962 SC 605 Kathua rape case L.D. Arora Murder Case Shankar Guha Neogi Murder Case Sheena Bora, Murder case Terrorist Funding Case The Rotherham child sexual exploitation scandal The Suryanelli rape case (also called the Suryanelli sex scandal) arrow&v Advocate Shanmughsundram Case Mr. Shanmughsundram, a practising lawyer, was brutally attacked in his residence in May 1995, in a southern State. The attack came in full view of his personal staff. The victim was attacked as he was about to file a petition in the High Court against the corrupt activities of a powerful politician. VIEW MORE Ajmer rape case 1992 This case is very old. In 1992, the Ajmer serial gang rape and blackmailing case was one of the biggest cases of sexual abuse in India. The incident took place in Ajmer, a city in the state of Rajasthan. The scandal involved hundreds of young girls, some college students. The news of the scandal came to light after a local letter, 'Navajyoti', published some nude pictures and a story about school students being blackmailed by the local gang. VIEW MORE Geeta and Sanjay Chopra kidnapping case The Geeta and Sanjay Chopra kidnapping case (also known as the Ranga-Billa case) was a kidnapping and murder crime in New Delhi in 1978.It involved the kidnapping and the subsequent murder of siblings Geeta and Sanjay by Kuljeet Singh (alias Ranga Khus) and Jasbir Singh (alias Billa). The children were kidnapped for ransom but, on learning their father was a naval officer, both were killed. Geeta was allegedly raped before being murdered, but forensic evidence could not confirm it. The kidnappers had initially admitted to raping her but later retracted the statement. The two kidnappers were convicted and sentenced to death. VIEW MORE Jessica Lal Murder case Jessica Lal (5 January 1965 – 30 April 1999) was a model in New Delhi who was working as a celebrity barmaid at a crowded socialite party when she was shot dead at around 2 am on 30 April 1999. Dozens of witnesses pointed to Siddharth Vashisht, also known as Manu Sharma, the son of Venod Sharma, a wealthy and influential Congress-nominated Member of Parliament from Haryana, as the murderer. In the ensuing trial, Manu Sharma and a number of others were acquitted on 21 February 2006. VIEW MORE K.M. Nanavati v. State OF Maharashtra AIR 1962 SC 605 Commander K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Commander Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover. Commander Nanavati, accused under section 302, was initially declared not guilty by a jury, but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. This was not the last Jury trial in India. West Bengal had Jury trials as late as 1973. Jury trials were abolished in most Indian courts by the 1973 Code of Criminal Procedure except for Parsis who still have Jury Trials for their Matrimonial Disputes. Nanavati was finally pardoned by Vijayalakshmi Pandit, newly appointed Governor of Maharashtra and sister of Prime Minister Jawaharlal Nehru. VIEW MORE Kathua rape case The Kathua rape case refers to the abduction, rape, and murder of an 8-year-old girl, Asifa Bano, in Rasana village near Kathua in the Indian state of Jammu and Kashmir in January 2018. A chargesheet for the case has been filed, the accused have been arrested and the trial began in Kathua on 16 April 2018. The victim belonged to the nomad Bakarwal community. She disappeared for a week before her dead body was discovered by the villagers a kilometer away from the village. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests by the Panthers Party, along with other local groups. One of the protests, in support of independent CBI probe, was attended by two ministers from the Bharatiya Janata Party, both of whom have now resigned. The rape and murder, as well as the support the accused received, sparked widespread outrage. VIEW MORE L.D. Arora Murder Case L.D. Arora, a senior officer of the Customs Department, was shot dead in 1993, at point blank range, while getting out of his car in front of his residence in the Allahabad town of Uttar Pradesh. VIEW MORE Shankar Guha Neogi Murder Case Shankar Guha Neogi, a top labour leader of Central India, was shot dead in September, 1991, while sleeping in his house. On the request of the Government of Madhya Pradesh, the CBI moved into action. VIEW MORE Sheena Bora, Murder case Sheena Bora, an executive working for Mumbai Metro One based in Mumbai, went missing on 24 April 2012. In August 2015 Mumbai Police arrested her mother Indrani Mukerjea, her stepfather Sanjeev Khanna, and her mother's driver, Shyamvar Pinturam Rai, for allegedly abducting and killing her and subsequent burning her corpse. Khanna and Rai confessed to the crime, VIEW MORE Terrorist Funding Case A militant was arrested by Delhi Police sometime back along with some foreign currency and objectinable documents, including letters written by a top militant leader from abroad to his associates in India. VIEW MORE The Rotherham child sexual exploitation scandal The Rotherham child sexual exploitation scandal consisted of the organised child sexual abuse that occurred in the town of Rotherham, South Yorkshire, Northern England from the late 1980s until the 2010s and the failure of local authorities to act on reports of the abuse throughout most of that period. Researcher Angie Heal, who was hired by local officials and warned them about child exploitation occurring between 2002 and 2007, has since described it as the "biggest child protection scandal in UK history". Evidence of the abuse was first noted in the early 1990s, when care home managers investigated reports that children in their care were being picked up by taxi drivers. From at least 2001, multiple reports passed names of alleged perpetrators, several from one family, to the police and Rotherham Council. The first group conviction took place in 2010, when five British-Pakistani men were convicted of sexual offences against girls aged 12–16.From January 2011 Andrew Norfolk of The Times pressed the issue, reporting in 2012 that the abuse in the town was widespread, and that the police and council had known about it for over ten years. VIEW MORE The Suryanelli rape case (also called the Suryanelli sex scandal) The Suryanelli rape case (also called the Suryanelli sex scandal) refers to a case of kidnapping and subsequent rape of a 16-year-old school girl from Suryanelli, Kerala, India, in 1996. The girl was allegedly lured with the promise of marriage on 16 January 1996 and kidnapped. She was allegedly raped by 37 of the 42 accused persons, over a period of 40 days. The remaining had abetted the crime. After he was named, the issue was politicised, due to a then upcoming general election. Several women's rights activists like K. Ajitha and Suja Susan George,and women's organisations, like NFIW and Anweshi, have taken an interest in the case. VIEW MORE
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CRIMINAL PROCEDURE CODE 1973 www.lawtool.net CONTENTS 1.First Information Report •Bailable and Non-bailable Offences. •Cognizable and Non-Cognizable Offences •Complaint • Compoundable Offences • Police Station, Police Report, Police Diary 2 Criminal Courts 1. Classes of Criminal Courts 2. Executive Magistrates 3. Public Prosecutor and APP 3.Maintenance of wife and children 4.Confession 5. Double Jeopardy 6.Investigation 1, Investigation, Inquiry and Trial 2. Powers and duties of a Police Officer on receipt of FIR 7. Offenders 1. Approver 2. First offenders 3. Habitual offender 4.Juvenile offenders 5 Proclaimed offender 8.Search & Arrest 1. Search Warrant 2. Search how made 3. Arrest without warrant 4. Arrest by a private person 5. Arrest how made 9.Preventive Provisions 1. Urgent Cases of Nuisance 2. Disputes as to land or water 10. Bail & Bond 1. Bail 2. Bail in Non-Bailable Cases 3. Anticipatory Bail 11. Charge 1.Charge 2. Joinder of Charger 12.Trials 1. The trials in the Cr. P.C. 2. Sessions Trial 3. Warrant Case Trial 4. Summons Case Trial 5. Summary Case Trial 6. Irregular Proceedings 7. DeNovo Trial 8. Summons case and warrant case 9. Discharge and Acquittal 13.Limitation 14. Additional Topics 1. Exceptions 2. Remand 3. Security 4. Death Sentence 5. Reference 6. Revision 7.Accused — Name, Title Environmental Law UNIT-1 CONCEPT OF ENVIRONMENT & POLLUTION Meaning & Definition of Environment Ecology, Biomes, Biosphere, Ecosystem12 Ecology History of Ecology Environment Concept of environment Components of Environment Levels of Organizations In Ecology Eco-System ' Difference between Ecology, Environment & Ecosystem' Components of Ecosystem Abiotic Components Biotic Components Classification of Eco System Characteristics of Ecotone Niche Types of Niche Biome Biosphere Relationship Between Man & Environment Environment Problems & Issues In India Rationale Behind Environmental Laws Global Environment Problems Acid Rain Ozone Depletion ("Ozone Hole") Greenhouse Effect (Global Warming) Genetic Engineering Precautionary Principle. Polluter Pays Principle The doctrine of Public Trust Sustainable Development Kinds, Causes & Effects of Pollution UNIT-3 ENVIRONMENTAL LAWS Water Pollution Water (Prevention & Control Of Pollution) Act, 1974 Constitution of the Boards Functions of Boards Powers of the Central Board Powers of A State Board Amendments in 1988 The Water (Prevention & Control of Pollution) Act, 1974 Definitions Powers & Functions of Boards Prevention & Control of Water Pollution Prohibition on. Use of Stream Or Well For Disposal of Polluting Matter, Etc. Power of Board To Make Application To Courts For Restraining Apprehended Pollution of Water in Streams Or Wells. Penalties & Procedure Offences by Companies. Air Pollution /Air (Prevention & Control of Pollution) Act of 1981 Powers & Functions of Boards Functions of Central Board Hunting of Wild Animals Prohibition of Hunting Sanctuaries, National Park & Closed Areas Sanctuaries National Parks Closed Area Declaration of Closed Area. Central Zoo Authority & Recognition of Zoos Constitution of Central Authority. Functions of the Authority. Trade or Commerce in Wild Animals, Animal Articles & Trophies Wild Animal, Etc. To Be Government Property. Certificate of Ownership. Regulation of Transfer of Animal Etc. Suspension or Calculation of Licence. Appeal. Restriction of Transportation of Wildlife. Purchase of Captive Animal, Etc. Person Other Than A Licensee. The Prevention Of Cruelty To Animals Act, 1960 National Environment Tribunal The National Environment Appellate Authority Act, 1997 UNIT-2 COMMON LAW REMEDIES AGAINST POLLUTION General Legislation on Environment Remedies for Public Nuisance Law of Tort & Environment Strict Liability & Absolute Liability Strict Liability Rule In Rylands V Fletcher Absolute Liability (Rule In M.C. Mehta V Union Of India) Nuisance Negligence Law of Crimes & Environment Section 133 ofCr.P.C Noise Pollution Noise Pollution (Regulation & Control) Rules, 2000 Measures To Curb Noise Pollution UNIT - 4 CONSTITUTION OF INDIA & ENVIRONMENT Articles 48 (A) & 51 (A) (G) Right to Equality Right to Profession Right to Wholesome Environment Constitutional Remedies Writ Jurisdiction Locus Standi Alternate Remedy Laches Public Interest Litigation (PIL) www.lawtool.net