Q. 7. Write an affidavit to be presented before the Secretary, Board of Education, Allahabad, U.P. regarding the loss of High School Certificate and issue of a duplicate thereof.
Ans. Affidavit
Secretary,
Board of Higher Education,
Prayagraj, U.P.
It is earnestly requested to issue duplicate copy of High School Certificate which is lost. I am submitting the affidavit. –
I, Mr. Ram Lal Pandey, state as follows-
(i) That, I was a regular and bona fide student of Ram Bali Inter College, Gopiganj, Varanasi.
(ii) That, I passed my High School Examination in the year 2019.
(iii) That, I was declared passed in first division.
(iv) That, I obtained 65 per cent of marks in grand total, with distinction in Maths.
(v) That, while travelling to Kanpur in connection with an interview at Chakeri Air Port, my bag was stolen, my High School Certificate was in the bag.
(vi) That, I was deprived of availing of opportunity of giving interview on 20-8-2021.
(vii) That, I lodged a complaint under Section 379 of Indian Penal Code at Unnao Railway Station.
(viii) That, as by now, police has not succeeded in tracing out of my bag and Certificate
(ix) That, nothing is concealed.
(x) That, the Certificate is badly needed as in fulfilling the forms of vacancies, a true and attested copy thereof has to be necessarily attached
Verification
I, Ram Lal Pandey, do hereby declare that contents of paragraphs I to X of this affidavit are true to my knowledge. I have signed the affidavit and verification clause, this Ist January, 2022 within the Court premises of Allahabad
May God help me
Date: year ……………… Ram Lal Pandey
Place: District Court Compound,
Allahabod
Q. 7(a). What do you understand by the concept of Legal Language?
Ans. Legal Language is a uniform language which is based on a logical system. Legal language is different from our common usual form of speech in vocabulary, formation of a sentence, semantics, grammar, sentence structure, verbal communication besides other attributes. The main objective of legal language is to maintain uniformity and soundness while preserving the characteristics of a regular language such as spontaneous implementation, comprehensiveness, clarity and fluency. The legal language is the language of the lawyers and legal professionals. Advocates, attorneys, judges and legislative experts are bound to employ the use of legal language in their specialized domain with the best of their professional ability. The use of legal language capability. is required when there is a proper communication between the court and the legal counsel, and between the advocate and his client. The dealings of people in a general manner is executed by means of internal laws, contracts, even a legal notice requires the use of legal language. It not only happens with the legal professionals but with the general public in ordinary situations they also use to come across with the application of legal language. Legal language came through after crossing the specific barriers and making its way in the standard sections of society. The form and content of legal language is traced in the form of Acts, Bills, and Statutes etc. The use of legal language in India imply the implementation of Hindi, Urdu as well as Legal English, and other regional languages, whenever is needed. A number of people might have the understanding of law as compared to others, but the legal language is quite typical and unique from our regular language of the general public. In legal language there is a great use of Latin maxims and foreign words and the composition and set-up those maxims and foreign words is quite analytical in nature. There is no systematic pattern of sentences in legal language, for example, a general reader, a student or a lawyer need to join the sentences and connect them to get the full meaning of the section, article, sub-section etc There are particular laws like Indian Penal Code, 1860, Right to Information Act, 2005, Industrial Dispute Act, 1947, The Patents Act, 1970, Indian Contract Act, 1872, Consumer Protection Act, 2019, Information Technology Act, 2000, The Arbitration and Conciliation Act, 1996, etc., and for these laws there are specified Bare Acts containing all the sections and sub-sections related to them and for the proper understanding of the sections, articles etc there are legal commentaries in the form of a book that gives a detailed understanding about a legal topic. Legal language is a bit tricky, even the judgements that are pronounced by the judges and rulings of the cases are quite elaborative and lengthy, and it’s not easy to understand the full judgement within few minutes it takes hours of study to evaluate the full judgement in detail. That’s the aura of a legal language or one can say a quality of the language that on one side it seems to be complicated and on the other side it is comprehensible by the lawyers and jurists apart from being so elaborate and difficult in real practice.
Q. 7 (b). Explain the importance of legal language as a subject of teaching in universities and Law Colleges?
Ans. From the very first day no one is a lawyer Legal education starts from a Law college and end up in chamber and court. What a student can understand in a classroom that is something beyond imagination and that knowledge is expressed in the courts before the judges. An inspiration of becoming an advocate is channelized by the medium of teaching The quality of a good law teacher is he can convey his ideas and thoughts in a gentle way. The height of communication between a teacher and a student in a classroom must be of an optimum level. Law is categorized into substantive law, procedural law and the philosophy of law The substantive and procedural law contains the sections and commentaries of law and the philosophy is the theoretical segment that incorporates jurisprudence as a core subject. Law is an interdisciplinary area and each topic is related with another one and it’s a duty of a teacher to ignite the multidimensional qualities of law in the most interesting way, so that students can relate themselves with the grave intricacies and can go ahead with a professional approach towards this noble profession Moot courts, conferences, seminars, debates, law quiz, webinars, exchange programs are to be made compulsory in every law college because these activities can bring confidence in the personality of the law student and speaking skills will be improved within no time that means within a short span of time there will be amazing changes. With the sudden advancement in the field of law there is a variety of legal education. Even in schools from class eleventh onwards there is an optional subject of legal studjes which is introduced in the syllabus that the students must get acquainted with the background of law. Modernization and advancement of education are two important pillars of the modern day society. Transformation of education is very important and mainly in the law schools it’s a great necessity which can’t be ignored. There is a need of improvisation and modification in the educational methods. The practical aspect of law should be the part of the educational curriculum in law colleges and universities. Loads of emphasis must be given to legal language because it will enable the law students to understand the diversified topics of law and create their own area of discussion, for instance, where to use a maxim, what are the fundamentals of drafting, the use of grammatical portion in legal writing, the linkage of legal language with constitution, criminal law, jurisprudence, law of contract etc. The interpretation of these subjects is really essential as all these subjects are written in legal language. Expertise in legal language is an ideal constituent for careers in law. Legal language explains about the rational structure of law as jurisprudence is defined as the science of law likewise legal language is classified as the genesis of law. It is a good move to incorporate legal language as a subject in law schools and that has enabled the students to look further on the point of research and achieve greater heights. The use of words, the choice of language, the application of verbs, converting long sentences into short ones, précis writing, abstract writing, paragraph writing, antonym, synonym, one word substitution, legal essays, comprehension, all comes under the syllabus of legal language and every topic has its unique importance not only for the student but for the lawyers in the making. So law students must take this subject with a responsibility to earn as much knowledge as they can, and marshal their resources in the times to come. Words are the life line of legal language and there are very difficult words in the legal vocabulary. Legal language is quite unusual from regular languages. Words like Alternate juror. Bench trial. Bifurcation. Amicus curiae, Certiorari. En banc. De jure. Foreclosure. Nolo contendere. Sanction, Pro se. Slander. Suvoir dire, etc are some of the technical terms that includes both English and Latin terminology and they never came through before the eyes of a common man. It is also pertinent to mention that in legal language there are same words as we see in the general form of English but their meanings are quite different as compared to each other. So to take a hold in the fundamental nature of legal words a plain idea of creating workshops, knowledge sessions and extra classes for students in regard to legal language must be established in degree colleges and universities.
Q. 7 (c). What is the enormity of legal language in the present modern time?
Ans. The authenticity of law is preserved in his language and the concept of drafting in the ambit of the legal framework comes within the scope and purview of language generally called “legal language” in the fraternity of lawyers as well as in the general society. The usage of drafting in the field of law is a tough task. Though drafting is the most unique, and exceptional aspect of law. Drafting is a written illustration of the facts systemized in the form of paragraphs, on the basis of which a relief is claimed from the Court of law. If a lawyer is good in drafting it is presumed that he has won half of the case and the rest is dependent that how the lawyer convince the court with his arguments. Drafting skills are very important for a lawyer because drafting is engrained with the choice and use of words and if the words and sentences are properly utilized by the lawyer with a factual representation of the case and properly put together with accurate evidence, then it is the duty of the court to declare the judgement on the grounds of clear evidence and facts presented in the plaint, written statement, counter-application, appeal or a writ etc., and to grant the order in favour of the contesting party whosoever he/she may be, weather it is a plaintiff, a respondent petitioner, defendant etc. Drafting is the soul and spirit of legal language but to make it simple there is a large variety of difference between a legal language and a common language. Hence in that regard legal language has its own significance. The terminology of legal vocabulary is considered as the substantial means of law. Language has gor a great role to play in the analysis of law. It’s a duty of both the judges and lawyers to analyze and implement the use of legal language in a suitable and fair manner just for the proper representation of the litigants in legal matters before the court. The implementation of legal language is not only restricted to litigation but it has an important role in legal compliances as well. With the emergence of business class, industries, firms it is observed that there is a necessary requirement of lawyers because in multinational companies (MNCs) and big corporate houses there is a mandatory requisite of certain paper work for which only the legal counsel of the company is entitled to, for example the process and paperwork related to registration of a company, litigation filed against or filed on behalf of the company. drafting of business agreements, labour compliances, documentation related to copyright, trademarks, the drafting of Partnership deed if there is a change in partnership status among the respective partners. Recognizing the legal documents is an art acquired by an advocate from the deep study of legal language. For all the documentation work in the legal field, there is an applied use of legal language. In property related matters mortgage deed. sale deed, lease deed are drafted only in legal language whether it is English or Hindi, the draft must contain the appropriate use of legal sentences and there are words like khasra, khatauni, pargana, tehsil, etc which are common in every deed whether a sale or a lease deed. The success of law is attributed to legal language because all the laws (acts, bills, statutes). judgements given by the Supreme Court. High Courts, District Court Tribunals requires the application of legal language and not only in India. legal language is appreciated worldwide as in western countries the lawyers and the judges make use of legal language not only in the ability of doing arguments before the court, declaration of judgement but also in the drafting of certain documents. If the lawyer is proficient in the art of legal language then the communication and correspondence before the court will be not be a complicated one. A lawyer can present his case anywhere in the world in any country because legal language is universally accepted throughout the globe and in every part of the world there is an essence of law and an effective, powerful judicial system which involves lawyers, judges, courts and the like. It is observed that there is a legal issue with every individual person and every time it’s not easy to engage a lawyer this is the big issue because whether it’s a matter of documentation or litigation it is drafted only in the domain of legal language and a common person cannol understand the language due its technicality so he has to consult a lawyer but in emergency matters it can be critical. In short a normal human being must have a standard knowledge in terms of legal language. The magnitude of legal language will never go down and its significance is increasing day by day due to increase in legal issues and also because of the rise in employment opportunities within the legal sector. If someone is an expert in the legal language he can be a good lawyer, a drafting professional, and an executive in a law firm. In every means of life the range of legal language is growing with a tremendous flow which is purposeful and well designed in this period of life.
ESSAY WRITING
Q. 8. Write an essay on the followings:
(i) Fundamental Duties
(ii) Global Warming and its Causes
(iii) Raising Standards in Educational Fields
(iv) Public Interest Litigation
(v) Human Rights
(vi) Free Legal Aid
(vii) Environmental Pollution.
(viii) Law and Morals.
(ix) Socialism in India.
(x) Science in the Service of Man
(xi) Dowry System.
(xii) Justice delayed, Justice denied or Delay defeats Justice.
(xiii) Science Disaster Management and Natural Calamity
(xiv) Unemployment among degree holders.
Ans. (i) FUNDAMENTAL DUTIES
The original Constitution did not contain the provision relating to undamental duties. This provision was inserted by the Constitution (42nd Amandment) Act, 1976 which came into force on Ist February, 1977. A new Article 51-A has been added which now provides and mentions eleven fundamental duties of every citizen of India. They are as follows:
(a) to abide by the Constitution and respect its ideals and institutions. the National flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom,
(c) to hold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so,
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests. lakes, rivers and wildlife, and to have compassion for living creatures,
(h) to develop scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property, and to abjure violence:
(j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of 6 and 14 years.
It may be not out of place to mention in this context, the provisions regarding fundamental duties are found in the Constitution of China, Japan, Yugoslavia, U.S.S.R. The Swarna Singh Committee had recommended to incorporate such duties in the Indian Constitution, the 42nd Amendment was made to implement such recommendation. This has brought our Constitution in line with Article 29 (1) of the Universal Declaration of Human Rights. It should be noted that duty under (k) above was introduced by the Eighty Sixth Amendment, 2002. The weakness of the provision is that no provision is made for the enforcement of the fundamental duties. It is mentioned with regret that the recommendation of the Swaran Singh Committee, suggesting for the empowerment of the Parliament to impose punishment for breach of fundamental duties, was not accepted. When case comes before the Court, where two possible constructions of the Act are seen, the Court will interpret the Act taking the fundamental duties into consideration. If the State makes any law to prohibit any act or conduct in violation of any of the fundamental duties. The Court will not hesitate to uphold such a law as being a reasonable restriction on the corresponding fundamental right.
This Amendment was made to remove the general tendency of the citizens who always talk and think of their rights and not of duties at all. It was with a view to place emphasis on the importance of duties that this amendment was recommended. In Gita and Ramayana, the duties are asserted and mentioned as pious ones and people are expected to perform their duties, even without its fruits. But mere prescribing duties will not do, unless they are enforced in the true spirit. The Constitution should grant “right to work” if the nation wants to see and expect the performance of duties. Through proper publicity and expansion of education, the citizen should be made conscious of their duties. The Supreme Court has held that it is the duty of the Central Government to make it part of syllabi and curriculum of the education and include in the improvement of environment in the course of studies. The judgments of the Apex Court in M.C. Mehta v. Union of India. (1988) 4 SCC 226], and Rural Litigation and Entitlement Centre Dehradoon v. State of U.P., AIR 1987 SC 359], lay emphasis for the protection and improvement of the natural resources and environment.
It should be noted that who claim for rights must know that counterpart of rights is duties. The duties carry more importance than that of rights because if the mental frame of a person is more akin to duties, the rights of which he happens to be entitled automatically stand fulfilled. As such, as against right oriented, thinking if we tend to follow the duty oriented way of life, the many a many confrontations, struggles and violence coming before the career or life would evaporate and peace with progress would take its place. Life will find a purpose to exist.
(II) GLOBAL WARMING AND ITS CAUSES
Global warming is probably the most frequently discussed topic in the last two decades. It is undoubtedly, a global menace.
Global warming is the rise of average temperatures around the world. As a result of this, the polar ice caps have started melting, leading to the rise of sea levels across the globe. This can end up in cataclysmic events.
As the sea level rises, shorelines of land masses will be submerged under the sea. High tides, tsunamis will occur frequently. Also in the rise of temperature will make it impossible for life to exist on the surface of earth. If we don’t stop this, we might actually need to find a new planet to settle on!!
The rate of global warming has increased exponentially in the last 15 years. The reason? In the last 15 years, due to advancement in technologies and industries, pollution levels are increasing at a fearful rate. Due to this, the ozone layer, the layer which protects us from the harmful ultra-violet radiation or UV radiation, is depleting at a rapid rate.
In the last 15 years, we have also seen an increase in the number of motor vehicles. These vehicles run on fossil fuels which, when burnt, release greenhouse gases like carbon monoxide, carbon dioxide and methane. which cause the greenhouse effect. These gases, when at the edge of atmosphere, retain heat from the sun during day and release it at night, keeping our Earth warm. The increase in quantity of these gases means more heat will be trapped and more will be released at night, increasing the average temperatures around the world.
In the recent electrical appliances, mostly cooling appliances. chlorofluorocarbons or CFCs are used. These CFCs make holes in the ozone layer. As the ozone layer depletes the sun heats up the land more.
Also, in an effort to meet the recent demands of human population, humans have overused the natural resources, particularly trees. Deforestation has also contributed to global warming. James Speth, the President of the World Resources Institute said, “we are losing the forests and an acre a second, but it is much closer to an-acre-and-a-half to a second” Deforestation leads to global warming as the trees use up the carbon dioxide organisms emit and provide oxygen in return. Loss of trees means the emitted carbon dioxde remains in the atmosphere and increases the greenhouse effect.
This menace can wipe us off the face of Earth ie. if we don’t find a planet to settle on in the next hundred years. Global warming can irrevocably change our planet. From the only known planet with life, our mother Earth will be destroyed and will be one of these countless barren wastelands roaming in the universe. Use of renewable energy resources, turning to cleaner fuels and reducing pollution are some of the many ways we can reduce global warming. We must stop global warming, lest extinction of the human race is inevitable.
(III) RAISING STANDARDS IN EDUCATIONAL FIELDS
Education is a fundamental aspect of human development and is criticall in ensuring that individuals are equipped with the necessary knowledge and skills to succeed in their personal and professional lives. It is, therefore,” imperative that we strive to raise standards in educational fields to ensure that learners are receiving a high-quality education that prepares them for the challenges of the modern world. In this essay, we will explore various strategies that can be used to raise standards in educational fields.
One of the most critical strategies for raising standards in education is investing in the development of teachers. Teachers play a critical role in shaping the educational experiences of learners. By investing in their development, we can equip them with the necessary skills and knowledge to provide high-quality instruction to learners. This can be achieved through the provision of professional development opportunities, mentorship programs, and other support structures. Through these initiatives, teachers can stay up-to-date with the latest pedagogical practices, instructional strategies, and technologies that can enhance their teaching.
Another key strategy for raising standards in education is the use of technology. The use of technology has become increasingly important in modern education, and its implementation can have a significant impact on the quality of education that learners receive. Technology can be used to create engaging and interactive learning experiences, allowing learners to explore topics in depth and at their own pace. It can also be used to facilitate collaborative learning, enabling learners to work together and leam from one another. Furthermore, technology can be used to track and monitor learner progress, providing teachers with valuable insights that can be used to tailor instruction to individual learners.
In addition to investing in the development of teachers and the use of technology, raising standards in education also requires a focus on curriculum development. A well-designed curriculum can provide learners with a comprehensive understanding of key concepts and prepare them for future educational and career opportunities. This can be achieved by developing a curriculum that is aligned with current research and best practices in education. A well-designed curriculum should also be flexible, allowing for differentiation and adaptation to meet the unique needs of learners.
Assessment and evaluation are also critical components of raising standards in educational fields. Assessment provides an opportunity to measure learner progress and ensure that they are meeting the learning objectives outlined in the curriculum. This can be achieved through the use of various assessment methods, including formative and summative assessments, project-based assessments, and performance-based assessments. These assessments provide teachers with valuable data that can be used to formulate instruction and identify areas where additional support may be required.
Finally, community engagement is a critical strategy for raising standards in educational fields. Communities play an important role in shaping the educational experiences of learners. By engaging with parents, community, leaders, and other stakeholders, educators can create a culture of support for education that encourages learners to achieve their full potential. This can be achieved by creating opportunities for community members to participate in school events, volunteer in classrooms, and provide feedback on the quality of education that learners are receiving.
In conclusion, raising standards in educational fields requires a multifaceted approach that involves investing in the development of teachers, using technology to enhance instruction, developing a well- designed curriculum, implementing effective assessment and evaluation practices, and engaging with communities. By employing these strategies, we can create an educational system that prepares learners for the challenges of the modern world and enables them to achieve their full potential. It is imperative that we prioritize the development of education and continue to raise the standards in educational fields to create a brighter future for our learners
(IV) PUBLIC INTEREST LITIGATION
Public Interest Litigation is the means by which any person of the general public may file a petition before a competent court of law for redressal of any matter of public grievance. Although as a general rule, only the concerned aggrieved party or parties can move to the competent court for redressal of his or their grievance, but as an exception of the general rule of “locus standi”, any person of the public may move to the court for redressal of a public grievance. In India, the form of public interest litigation started in 1970s. In fact it makes justice for those who cannot litigate for themselves. In Bombay Kamgar Sabha v. Abdul Bhai, AIR 1976 SC 1465. Justice V.R. Krishna lyer observed. “Test-litigation, representative actions, pro bono publico and the like, are broadened forms of legal proceedings and are in keeping with the current accent on justice to the common man and necessary disincentive to those who wish to by-pass the real issues on merits by suspect reliance on peripheral procedural shortcomings.” In Fertiliser Corporation Kamgar Union v. Union of India, AIR 1981 SC 344. Justice V.R. Krishna lyer, used the terms, “Public Interest Litigation,” for the first time. Justice P.N. Bhagwati also explained the utility and scope of Public Interest Litigation in S.P. Gupta v. Union of India, AIR 1982 SC 344, and pointed out that where legal wrong is committed to such persons or determinate class of persons due to reasons of poverty, helplessness or disability or socially, economically or in disadvantaged position, are unable to approach the court for relief, any member of the public can maintain an application for appropriate direction, order or writ.
In Public Interest Litigation following situations are necessary:-
(1) It may be filed where legal wrong or injury or illegal burden has been caused or threatened to any person or class of persons. It includes cases of both violation of fundamental rights and legal rights.
(2) In “Public Interest Litigation”, the beneficiary of litigation or victim of legal injury may be the person or a determinate class of persons who are not in a position to claim relief before the court themselves due to poverty, helplessness or disability or socially or economically disadvantaged condition.
(3) Any member of the public or group of persons, may file “public interest litigation” on behalf of any person or a class of persons.
(4) In “Public Interest Litigation”, one can move to the High Court for any violation of right, whether it is a fundamental right or not, but one can move to the Supreme Court only for the violation of fundamental rights.
(5) Any member of the public or group of persons can move to the court by addressing a letter to the court for treating it a writ petition.
(6) The High Court or Supreme Court, as the case may be, may issue any direction, or order or writ for redressal of grievances. The direction of the court may be for affirmative action or, monitoring the case for redressal of the concerned grievance of the public or the person or group of persons.
(7) The courts have developed an Epistolary Jurisprudence under which letters written to the court, or where the court suo motu takes cognition of any news reported in a newspaper and begins to take action by issuing necessary notices to concerned parties treating letters as writ petition condoning the condition of locus standi
Scope of Public Interest Litigation
The scope of Public Interest Litigation is not so broad as to achieve redressal in all situations. It has contributed to a great extent, in following situations:-
(a) Protection of prisoner’s rights. The Supreme Court has upheld the prisoner and detenu’s rights for speedy trial, free legal aid, dignified treatment and right against illegal detention and custodial death and torture. Supreme Court has upheld the right of speedy trial of the case in Husainara Khatoon v. Union of India, AIR 1979 SC 1360. The court held that the speedy trial of a case is the fundamental right of a person under Article 21 of the Constitution.
(b) Protection of bonded labour. The Supreme Court has held in Bandhu Mukti Morcha v. Union of India, AIR 1984 SC 802, that a public interest litigation may be filed where labourers are kept in custody and they are working under such unhealthy conditions which is not proper for the health and happiness of such persons. The court asked that the State should make laws for the amelioration of working conditions of labourers. In the same way, the court has provided protection of contract labour and child- labour through public interest litigation.
(c) Expansion of scope of right to liberty. The Supreme Court has expanded the scope of right to life and personal liberty through public interest litigation. This right includes the right to live with human dignity, healthy environment and free education to children upto the age of 14 years. It also includes right to privacy and right to medical aid to injured persons. The State has been asked in a number of cases to pay compensation to the aggrieved persons for the violation of such rights through public interest litigation
(d) Protection of environment. The Supreme Court has upheld in M.C. Mehta v. Union of India, (1991) 2 SCC 137, that public interest litigation may be filed for the maintenance of healthy environment of the public by any person or group of persons, in the interest of aggrieved persons. As the guardian of citizen’s fundamental rights, the Supreme Court has asked the States to ensure anti-pollution laws for monitoring them. The court has ordered for shifting of many industries emitting hazardous effluents and closed down many such industries to protect natural resources of public use.
In this way, through public interest litigation, the courts have provided reliefs as well as compensation in a number of cases in view of the gravity of the cases. Quick reliefs have been provided by the court, to the concerned persons through the means of public interest litigations. Through this means political offences and other crimes have been curbed and reliefs have been provided in so many cases to aggrieved individual persons or a group of determinate persons, upto their satisfaction. The courts are very much vigilant in curbing the misuse of the means of public interest litigation and have not hesitated in imposing fines on the party who has used this means for his own aggrandisment, interest or popularity. This means is a representative type of litigation and has no place for an individual cause provided it is of a public nature. A similar cause if it is affecting a large number of people in a given society then for that cause an individual may be permitted to move the court under the purview of PIL.
(V) HUMAN RIGHTS
Rights are broadly classified as legal ordinary rights and fundamental rights. These are necessary for the life of the human beings. It may be noted that the basis of the human right is not caste, creed, religion, sex, language and nationality. Everyone stands on the same footing from the point of view of human rights. These rights are essential for the development of each and every individual. The Constitutions of different countries including India have guaranteed fundamental rights for all round development of individual personality. Chief Justice Patanjali Shastri has aptly said these fundamental rights are guaranteed natural rights which are universally recognized. United Nations has made a universal declaration of Human Rights. Our Constitution has acceded these rights, declared on 10th Dec. 1948. U.N.O. has expected that the member States will endeavour to implement them. These rights are discussed in greater detail in 30 Articles. This is deemed as a triumph of the whole of humanity over dictatorial regimes.
Carl Marx criticises the guaranteeing of so much rights, as it is based on individualistic and egoistic principles. Bentham also opposes giving too much importance to the human rights because it will prevail over the happiness of society. But their views seem weaker because of the fact that more emphasis is being given on the protection of human rights on international level. Some positive steps have been taken in this respect Universal Declaration of Human Rights is its example. Human Rights Commission was constituted with 32 Members to study and report on the following matters:
(i) International Bill on Human Rights
(ii) Protection of minorities
(iii) Civil liberty and the status of women
(iv) Prohibition of discrimination on the basis of caste, creed, sex, religion and language
(v) Right to information.
(vi) Other matters related to the human rights.
The Commission submitted its report on December 16, 1966. Two covenants were accepted and they were ratified by the General Assembly on December 19, 1966. They are-
(A) Constitution of regional Human Rights Commission.- Emphasis was laid on this issue that every nation should constitute a Human Rights Commission at its own level. European Human Rights Commission was constituted in 1950. A convention was accepted in 1969 in Costarica, and was enforced in 1970. Human Right African Charter was accepted in 1981, with an aim to establish a Commission for the protection of the rights of African people. The Commission, mentioned above is a quasi judicial body and it disposes of the individual and international petitions.
(B) Civil and Political Rights Covenant, 1966. It includes 53 paragraphs, recognizing the individual right of self-decision so that they may promote, execute their political, economic, social and cultural rights and go ahead in the direction of development. One of the paras says “All are born free and are equal in right and dignity. They have right of conscience and they should have fraternity. Its half centenary has been celebrated.
On the violation of human rights, it is the state and not the individual that is entitled to approach the International Court of Justice. In this way when the State itself is the violator of the human rights, how and to whom the individual can recourse to. Hence there is need of amendment of Article 34 (1) of the Statute of 1.C.J.
The Court has played very important role in protection of the human rights. In Golaknath v. State of Punjab, [AIR 1967 SC 1643). Justice Patanjali Shastri had said that the Indian Constitution guarantees two types of rights. One fundamental and the other Penumberal Rights depending on interpretation, viz. right to legal aid, right to compensation, right of privacy, right to go and tour abroad, right to speedy trial, right to humane treatment with the prisoners. These are rights other than the fundamental rights enshrined in Articles 19 to 30. The decision in People’s Union for Civil Liberties v. Union of India. [(1997) 3 SCC 433), has widened the scope of human rights. In this case compensation was ordered for fake encounter. The Supreme Court taking a very serious view of the violation of human rights told in clear words that the Committee headed by Justice A.K. Srivastava (Retd.) will not be defunct (dismissed). The Bench comprising R.C. Lohati and Ashok Bhan, JJ. directed the U.P. Government not to dissolve the Human Rights Committee. The Government’s plea was that there is no justification of the continuation of committee and as well as Human Rights Commission simultaneously. “The Committee will inquire into the old case of violation of human rights and the commission of new cases,” the Court observed.
Human rights should be viewed in the broader prospective and protected at all costs. This principle is universally recognized.
Violation of Human Rights is treated as an uncivilized act and a country’s advancement is viewed by the parameter of honouring of human rights i.e. that country is treated more advanced wherein human rights violation are minimum. As such every country to maintain its prestige in International Community tries to honour the principles of human rights which smoothen the applicability of principles of rule of law, democracy and liberty in all its aspects to the people of a given society.
(VI) FREE LEGAL AID
The system of disbursing and administering justice has been in vogue in one form or the other from the time immemorial. The Justice should be available to all. Article 39-A provides free legal aid by the State as a directive principle of State policy. It reads thus:
“The State shall endeavour to ensure that the operation of the legal system, promote justice, on a basis of equal opportunities and shall, in particular, provide free legal aid, by suitable legislation, or schemes or in any other way, to ensure that the opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This Article was added to the Constitution by an amendment.”
Public Interest Lit gation (PIL) has emerged as a very useful method and weapon for providing justice to the people who are socially and economically backward and poor and occupy disadvantaged position. Such people are in a large number who cannot move the Civil Court on account of their disability, or poverty. They need free legal aid. The full credit goes to Justice P.N. Bhagawati, for giving recognition to P.I.L and thus paving the way for implementation of the provision of Article 39-A to make the justice, simple, cheap and easily available. Order XXXIII, Rule 11-A of Code of Civil Procedure, 1908, contains the provision for exempting the pauper (now indigent) persons to pay Court fees. They have to be given free legal aid on account of their inability to bear the cost of legal proceedings while upholding the validity of provision of exemption from liability to pay Court fees in favour of persons whose annual income does not exceed Rs. 25,000/-. Under the Sikkim Court Fees (Exemption of Miscellaneous Provisions) Act, 1983, the Sikkim High Court in Kaiser Bahadur Thapa v State of Sikkim, AIR 1985 Sikkim 5, said:
“Article 39-A of the Constitution has expressly contemplated the existence of a class of people who suffer from economic disabilities and has mandated the State to ensure that the people belonging to that class are not deprived of access to justice by reason of such economic disability.”
The Karnataka High Court has gone to the extent of condoning the delay in presenting petition due to poverty if the legal aid cell commits delay to approach the poor person for the same S.T. Naik v. State of Karnataka, [AIR 1990 NOC 3 (Kant)]. Poverty should be considered as a ground of condonation of delay. The judgments delivered in H.M. Hoskot v. State of Maharashtra and Hussainara Khatoon v. Home Secretary, State of Bihar. (AIR 1978 SC 1548 and [1979 SC 1322 respectively) has established that “Legal aid” and “Speedy trial” are now fundamental rights under Article 21 of the Constitution. The Supreme Court in Centre of Legal Research v. State of Kerala. (AIR 1986 SC 1322), has held that they should encourage and support the participation of voluntary organizations or social action groups in operating legal aid programme, including traditional or litigation oriented programme by adopting a more dynamic approach to achieve the objectives in Anicle 39-A. Such N.O.Gs should be free from Government Control. This method will enable them to provide ‘equal justice, according to law.
Free legal aid has manifold facets with a very wide importviz.. legal guidance, free consultation and support of trained and expertise law teachers and advocates. This is why the Apex Court in State of Maharashtra v. Manbhai B. Vashi, [(1995) 5 SCC 730], directed the State Government of Maharashtra to extend the grants in aid scheme to the recognized private law colleges affiliated to university to facilitate the implementation of the free legal policy by producing more law teachers and expertise.
We can cite some other cases in support of the obligation of the State to ensure free legal aid In Rajpal v. Chancellor, Meerut University. [(1977) 6 SCC 365]. Sri. D.D. Thakur, was requested by the Court to assist in the proceeding as amicus curiae because, the petitioner had not engaged any advocate. Again the Supreme Court invited the noted lawyer. Dr. A.M. Singhavi to assist the Court in. D.K. Basu v. State of West Bengal, (1997) | SCC 416] after treating a letter sent by Chairman of political organization complaining the custodial death, as no advocate was appearing in this letter petition. The petitioners were disposed of “free of fees.” In Kadra Pahedia v. State of Bihar, [(1981) 3 SCC 6711, the Court directed the State Government to provide competent advocates to appear and represent the undertrial prisoners, who were arrested when they were between 12 & 13 years of age, their legs fettered (shackled) and compelled to work outside the jail for the last so many years. The State of Maharashtra has implemented the State Legal Aid and Advance Scheme. 1979 with a view to make justice within the reach of all and easily available and cheaper too. The undertrial prisoners also are entitled to free legal at the stage of bail and hearing of the case.
In Ranchod Mathur v. State of Gujarat. (1974) 4 SCC 597], the Supreme Court held that, in such cases not only competent advocate be appointed the relevant papers be made available as well. In M.H. Hoskot v. State of Maharashtra. [AIR 1978 SC 1548], the same Court held that even the convicted persons living in jail are entitled to free legal aid at the cost of the Government for presenting the appeal in Higher Court. Justice Krishna lyyer has aptly observed: “It is the duty of the Government to provide free legal aid. It is not bounty (ex-gratia)”. Section 304 of Code of Criminal Procedure, also mentions the right of the criminal to get free legal aid in Sessions Court if he is too poor to engage an advocate of his choice for his defence. The judgment given in Durgachuru v. Natta Kelli. (1980) 5 Cal 519], supports and recognizes the doctrine of free legal aid. “The Court has inherent power to allow a defendant to defend in ‘forma paupers’. The Supreme Court, while disposing of the case. M.H. Hoskot v. State of Maharashtra, (1978 SC 1548], has given some welfare legal directions to provide legal aid to the prisoners. In the light of the case law and constitutional provision, it has become crystal clear that free legal aid is not the mercy but obligation/duty to ensure it by any appropriate forms, legislation, scheme or programme.
Free Legal Aid becomes necessary when we boost that in our country there is rule of law and democratic principles are followed in governance of the country. The people living below the poverty line must get the benefit of Court system, which is denied to them because of their poverty and illiteracy. By providing legal aid to this chunk of people we fulfil the constitutional guarantee that every body is equal before the law and is entitled to get equal protection of law. Now, the legal aid system has developed right from the Supreme Court, High Courts to District Courts and to the level of Tahsil and Taluka.
It is hoped that legal aid will serve its purpose well and each and every citizen in India shall get the privilege of justice delivery system prevalent in the country.
(VII) ENVIRONMENTAL POLLUTION
Causes and measures to check. Pollution has become a menace to the whole of mankind. This is the serious and the greatest poroblem the world is facing today. The simple meaning of Environment is, all these things taken together, viz., air, water, land and their cover spreading around Without these natural gift human life is not possible. Its disbalance is causing threat to our life. Its importance is realised as Article 51-A (g) of the Indian Constitution casts fundamental duties on the citizens of India to preserve the natural environment which includes forests, lakes, rivers, lands and other forest creatures. The pollution is related mainly to air, water and sound. We are exploiting these natural gifts for our own physical benefits and interest without being mindful of its ensuing bad consequences. Now it is our pious duty to make every endeavour to make pollution free environment to save our progeny from being deprived of the valuable gifts of nature. Pollution means poisoning of the natural atmosphere by the actions or non-actions of the human beings making it harmful, unhealthy and dangerous to life.
Causes of pollution. If we go deeper into the causes of pollution. we will find that deforestation, urbanization, effluents coming out of the industrial establishments, smoke, dust, uncontrolled exploitation of natural resources, night soil, petroleum substance, poisonous gases, detergent, domestic drainage, radioactive, pesticides, chemical substances, fungistis. policlorinated biphenyl used for making rubber, carbon dioxide, Carbon mono oxide, florid hydro-carbon, ethylene, acetylene, polipropliene etc. are the pollutants causing great harm and danger to the environment. Decaying dead bodies of animals and human beings and other undomestic animals, heap of garbage in the cities, polethenes, etc. are also helping the spread of pollution. Soil erosion is one of the main factors. Experimental explosions of bombs, hydrogen and atomic and missiles etc also pollute the environment.
Now we will see the efforts made at the International level. UNESCO convened a convention in Paris in 1968 and other in Stolkholm in June 1972. 110 countries participated in this convention. Again another convention took place in Geneva in 1988, to discuss the problems related to pollution. Late Prime Minister Sri Rajiv Gandhi participated in this convention and emphasized the need of establishment of “Prithvi Fund”. Again a convention was held in Reo Degenerio, the Capital of Brazil, wherein sustainable development was strongly recommended and the need for Prithvi Fund was accepted. As a result of this convention a new Article 51-A was inserted in the Indian Constitution by an amendment providing that “the State shall endeavour for the protection of environment, its development, forests and wild animals.” A new Article 51-A was added making it obligatory on the Indian citizens to protect and develop environment Supreme Court relying in Article 48-A gave directions to the Central, and the State Governments and various local bodies and Boards to take appropriate steps for the prevention and control of pollution of water. See M.C. Mehta v. Union of India, [(1988) 1 SCC 471].
A very important convention was held in Johanesberg between 28th August and 4th September, 2002, in Africa. In this 10 days’ convention, near about 200 representatives of different countries participated and discussed in detail and passed resolutions to implement the decisions to protect the environment from pollution.
Measures taken up in India for protection of environment. – Water (Prohibition and Control of Pollution) Act, 1974 Air (Prohibition and Control of Pollution) Act, 1981, has been passed and enforced with a view to check water and air pollution. Environment Protection Act, 1986, Wild Life Protection Act, 1972 and National Environment Tribunal Act, 1995 are implemented to ensure the protection of environment. Some other Acts namely, Indian Ports Act, 1908, Indian Forest Act, 1927, Indian Penal Code, 1860 make the fouling of water of spring or reservoir punishable. Indian Fisheries Act, 1897, Factories Act, 1948, River Board Act, 1956, Forest Conservation Act, 1980 are passed with the aim and object of environmental protection at various levels. A survey reveals that half of forests of the world were deforestated by 1950. Article 21 provides the rights to Indian citizens to pollution free water and air.
Effects of Pollution.-Pollution may cause and result into disturbance and disbalance and hardships to human health, scarcity in rainfall, famine, scarcity of oxygen, hazardous to health causing T.B.. Asthama, Jaundice, skin diseases, infertility of land, land slides, floods, road cracks.
Environment pollution causes climatic disturbances and imbalances in the natural setting of the universe Draught, floods, earthquake and other calamities are the result of climate imbalances. The many species of wildlife change their habitat or become extinct and thereby again cause imbalance in the natural habitat. This causes the danger of extinction of mankind itself. As such every one should endeavour to protect the natural cycle of the nature so that the nature may protect the mankind from global warming and black hole etc.
Court’s role in prohibition of pollution. Supreme Court by its judgment has created a new “Environmental Jurisprudence”. Ganges and Yamuna Action plan, removal of garbage from the roads, to ply C.N.G buses to channelize effluents from the industries and to ensure the transfer of industries outside the residential areas of New Delhi are some of the examples. Order to prohibit stones, limes and mines work in Massoori Rural Litigation and Entitlement Centre. Dehradoon v State of U.P., and to prepare Olium gas dangerous to health of mankind by Shri Ram Food and Fertiliser Industries. Bad smell coming out of the dirty water of Alcohol Factory.-Municipal Council, Ratlam v. Shri Vardhichand & others, AIR 1985 SC 1622)
Supreme Court has held that a pollution free environment is also a cherished fundamental right which enjoys a higher sanctity over any other basic rights i.c. right to livelihood, shelter, and employment. The Apex Court has directed to the Government to compulsorily include the study of environment in the syllabus of High School and Inter and Higher classes.
This is a global issue and complicated too. The credit goes to Robert Berton for discovering polluted water and diseases as back as 1612. Now the world has become cautious enough and is taking positive steps to prohibit the pollution when it has already taken an ugly shape causing very bad impact on human beings. Now there is greater need of cooperation and collective efforts of every country of the world to find out the ways and means to check this menace and save mankind from the grip of this troublesome. “Thanks God, the people and states of the global village” have accepted this challenge to face the problem of pollution, and do something concrete to be free from this menace to human beings.
(VIII) LAW AND MORALS
In the early stages of the society there was no distinction between law and morals. In Hindu law, the prime sources of which are Vedas and the Smritis we do not find such distinction in the beginning. However, later on, Mimansa laid down cretain principle to distinguish obligatory from recommendatory injunction.
The morals are concerned with the individual and law lays down rules for the moulding ing of the character, law concentrates mainly on the society and lays down rules concerning the relationship of individuals with each other and with the state. Morals look to the intrinsic value of conduct or in other words, they look into motive.
The morals are an end in themselves. They should be followed because they are good in themselves. Law is for the purpose of convenience and expediency and its chief aim is to help a smooth running of the society. The observance of morals is a matter of individual conscience. Generally. the morals are considered to be of universal value. Law is relative related to the time and place, and therefore, it varies from society to society. Law and morals, again, differ in their application. The morals are applied taking into consideration the individual cases whereas the application of law is uniform and universal so far as certain legal principles are concerned.
Now question arises before us that what is the relationship between law and morals. Really speaking, they are very closely related to each other. In considering the relationship between law and morals much will depend on how one defines law. A definition which regards law as ‘the command of the sovereign’ would not make any concession for morals to have any place in law. But a definition which regards all the rules and principles which govern or influence human conduct as law allows morals to play a very important role in the field of law. Law is loveless and seems dry but if it is assimilated with morals, its enforcement becomes easy and acceptable by the people.
A study of the relationship between law and morals can be made from three angles:
(i) morals as the basis of law;
(ii) morals as the test of (positive) law; and
(iii) morals as the end of law.
As we have seen that in the early stages of the society no distinction was made between law and morals. All the rules originated from the common source and the sanction behind them was of the same nature (mostly supernatural fear) when state came into being, it picked up those rules which were important from the society’s point of view and the observation of which could be secured by it. The State put its own sanction behind these rules and enforce them. These rules were called ‘Law’ as the law and morals have come from the common stock many rules are common to both. For example, to kill a man or to steal are acts against law and morals both. There are number of legal rules which are not based upon morals and some of them are even opposed to morals.
It has been contended by a number of jurists, since very early times that law must confirm to morals. This view was supported by the Greek and Romans. In Rome, law to some extent was made to confirm to ‘natural law’ which was based on certain moral principles and as a result jus civili was transformed into ‘jus gentium’ They said that law, even if it is not in conformity with morals, is valid and binding. Generally, law cannot depart far from the morals due to many reasons. The law does not enforce itself. There are a number of factors which secure the obedience of law. The conformity of law with morals is a very important factor. There is always a very close relation between the law and the life of a community and in the life of the community morals have got an important place. Paton rightly observed that if the law lags behind popular standard it falls into disrepute, if the legal standard are too high, there are great difficulties of enforcement.
Morals as the end of law. -Morals have often been considered to be the end of law. A number of eminent jurists have defined law in term of justice. Mayne says that the aim of law is to secure justice. Justice in its Fopular sense, is very much based upon morals. In most of the languages of the world the words used for law convey an idea of justice and morals also.
As per sociological approach this study is very important. It says that law has always a purpose it is a means to an end, and this end is the welfare of the society. According to this utilitarian point of view, the immediate end of law is to secure social interests, that is, secure harmony of claims or demands. It means that the conflicting interests (in the society) should be weighted and evaluated and the interests which can bring greater benefit with the least sacrifice should be recognised and protected. Thus ultimately morals become the end of law. This end has been expressed in the Constitution of many countries.
In this way, morals work as a restraint upon the power of the Legislature because the Legislature cannot venture to make a law which is completely against the morals of the society. Secondly, all human conduct and social relations cannot be regulated and governed by law alone. A considerable number of them are regulated by morals. In international law also morals are exercising a great influence. The brutalities and inhuman acts in world wars made the people to turn back to morals and efforts are being made to establish standard and values which the nations must follow. Perhaps there is no other so forceful ground to justify the Nuremberg trial as morals. If the law is to remain closer to the life of the people and effective, it must not ignore morals. Morals if breached require expiation while law if infringed leads to punishment right from warning to capital punishment. A law with backing up of morals becomes more acceptable by the people, hence law and morals both play an important role in regulating the behaviour of persons and society as a whole.
(IX) SOCIALISM IN INDIA
Socialism means public ownership of the means of mass production of wealth. Capitalism is believed to be the antonym or the opposite of socialism and it means the concentration of wealth in a few hands in every country. After freedom, India decided to have a mixed economy in the form of public and private sectors. In India, we have capitalism and socialism working side by side.
Socialism enfolds in its purview two precepts of distribution (a) to each according to his needs and (b) to each according to his work. The second precept emphasises on working class and leaves aside the children and old people of the society. The first precept prescribes the criteria of distribution of Public Production on needs which points out to equal distribution. But sometimes equal distribution generates waste and injustice so to avoid this the concept of equitable distribution was evolved. In India because of functioning of private and public sectors together the socialistic pattern of society was made the object of our Planning System.
It is argued that if the income of capitalists is taxed sufficiently by putting a ceiling on the maximum income of capitalists and by introducing legislation for the welfare of labourers and by freezing prices, the aims of socialism will be realised or nearly realised. In India and in many advanced countries labour laws like Minimum Wages Act, Payment of Wages Act, Bonus Act, State Insurance Acı, Fatal Accident Act, Factories Act, Trade Union Act, Industrial Disputes Act and so many other Acts have been enacted for the welfare of the labourers. But proper taxation of capital has not been possible in India where capitalists and other very rich people succeed in hiding their incomes.
Our public sector also is a prey to many evils. waste, inefficiency. embezzlement, miscalculation, bribery and corruption, patronage and nepotism after resulting in huge loss, are not uncommon in the public sector. It is doubtful whether our experiments with socialism are proving a success. Our social conscience and our national character are to blame. In Japan, England, France, Germany and some other countries capitalism has efficiency and a progressive outlook.
In Russia, China and other socialist countries great progress has been made. But in India, neither capitalism nor socialism is proving upto the mark. The country need a moral revolution.
During the plan period disparities have increased, the concentration of economic power has been aggravated and the unemployment situation has grown progressively worse. Inflation is causing grave misery to the poor and the persons with fixed incomes. Economic inequalities have been accentuated as a result of high agricultural prices.
For curbing these disparities and to secure social justice there must be a ceiling on urban property, a progressive tax system should be introduced. Gradual check on monopolists must be launched and by the means the aims of socialsm may be achieved during the course of time. The social justice has been made the object of our Constitution and for its realisation as a goal of planning for development, all efforts including heavy investments have been put in action.
(X) SCIENCE IN THE SERVICE OF MAN
Science has been a driving force behind the progress of humanity. The use of science and technology has enabled man to achieve greater heights and helped him solve some of the most complex problems facing our world. Science in service of man has resulted in numerous advancements that have changed the world in many ways. In this essay, the author will discuss the importance of science in service of man and how it has transformed various aspects of human life.
One of the primary ways in which science has served man is by improving the quality of life. Advances in medicine, agriculture, transportation, and communication have improved the standard of living for people all over the world. Medical science has made it possible to treat and cure diseases that were once considered fatal. Diseases like tuberculosis, polio, and smallpox have been eradicated, while life expectancy has increased due to advancements in medical treatments, surgeries, and vaccinations. The use of antibiotics and other modern drugs has made many illnesses manageable and curable, saving countless lives. Science has given us an array of medical technologies like X-rays, MRI, CT scans, and ultrasound, which enable doctors to diagnose and treat complex diseases. Medical science has made childbirth safer and improved the survival rates of newborns.
Agriculture is another area where science has transformed human life. Agricultural research has led to the development of high-yielding crops that can withstand environmental challenges like drought, pests, and diseases. With the use of fertilizers and pesticides, crop yields have increased dramatically, ensuring that there is enough food to feed a growing population. Science has also enabled the development of genetically modified crops that are resistant to pests and diseases, require less water and are more nutritious. These crops have the potential to feed millions of people, especially in developing countries where food insecurity is a significant challenge.
Transportation and communication have been transformed by the use of science and technology. The development of faster and more efficient modes of transportation, such as airplanes, trains, and cars, has revolutionized the way people travel. The invention of the internet, smartphones, and social media has transformed the way people communicate, share information, and conduct business. With the use of satellites and other communication technologies, it is now possible to connect with people from all over the world in real-time.
Science has also played a crucial role in protecting the environment Advances in renewable energy technology have led to the development of clean energy sources like solar, wind, and hydropower, reducing our dependence on fossil fuels and minimizing carbon emissions Environmental science has helped us understand the impacts of pollution and climate change, and provided solutions to mitigate them. The development of eco-friendly products, recycling, and waste management has helped reduce the negative impact of human activities on the environment.
In addition to the benefits mentioned above, science in service of man has made significant contributions to many other fields. For example, science has transformed the field of engineering, making it possible to design and construct buildings, bridges, and other structures that are safe and sustainable Science has revolutionized the field of entertainment, with the development of audio-visual technologies, gaming, and virtual reality It has also had a significant impact on the field of space exploration, enabling us to learn more about our universe and discover new planets and stars.
In conclusion, science has played a crucial role in transforming the world and serving the needs of humanity. It has improved the quality of life by developing medical treatments, high-yielding crops, faster transportation. and efficient communication. It has also helped protect the environment, design sustainable structures, and expand our knowledge of the universe. Science in service of man has made a significant impact on almost every aspect of human life, and it is vital that we continue to support and invest in scientific research to address the complex challenges being faced by the world today.
(XI) DOWRY SYSTEM
There are several burning problems prevailing in society now-a-days. In these days, newspapers are full of reports on bride burning and dowry deaths. The evil of dowry has existed in our country for a very long time. But it has assumed menacing proportions only during the past few decades. The reasons are not far to seek. Ever since Independence there has been a growing decrease in the number of people belonging to the middle class. They include those who are commonly termed the newly rich. Among them can be seen the keenest desire to acquire material wealth through unscrupulous means together with complete deterioration of moral values. It is the fact which has made the dowry problem much more than that it was in the past. In early time, there was some kind of social and economic justification for giving dowry. Uneducated women doomed to live as house wives, confined within the four walls of their husband’s houses incapable of doing and not allowed to do any work outside the home and having no legal rights of inheritance of the family property. But they could find in the dowry they brought some source of sustenance and comfort. Moreover, there were by and large accepted norms governing the type and quantity of dowry. Today the picture has changed altogether. There is no limit to the demand for dowry and even educated women capable of having an independent care of their own are subjected to all sorts of tortures in the name of dowry. The problem has become so accute that besides deterrent legal punishment, what is nee needed is a country wide movement by same individuals as well as organisation to root out the evil of dowry. The youth must come forward and (whether boy or girl) refuse such agreements of marriage where the question of dowry comes in their notice. There may be some suggestions for eradicating this problem from the society.
Dowry is the consideration advanced by the parent of the bride to the grooms side. This consideration known as dowry may consist in the shape of money and many a many things usually used as the household accessories. Any default in giving dowry which was promised or expected leads to teasing of the bride upto her burning or causing of her death by any other means.
For some professionals dowry is used as earning of money and material by causing death of the bride and again remarrying the other girl and this activity continues in chain till the bride-groom can be accepted as a groom in the matrimonial market.
These nefarious activities must be curbed and stopped for having a fair and peaceful society.
Some suggestions.(1) The mother-in-law of bride should treat the coming daughter of anybody as her own daughter.
(2) The time has come that there should be no difference between son and a daughter they should be equally treated in laws (mother-in-law, father-in-law etc.) should treat the bride as her custodian or guardian in the house.
(3) In the last but not least we can suggest that the proper attention towards their daughter in the field of education and other professional areas are to be paid by the parents, so that the daughter will feel a strong confidence in her-self.
(4) The person who stresses regarding dowry should be heavily penalised and must be given a severe punishment so that the common people of the society may take lesson and of such kind of punishments.
(XII) JUSTICE DELAYED, JUSTICE DENIED
Or
DELAY DEFEATS JUSTICE
Justice delayed is justice denied is an age old proverb. It means that if timely justice is not provided to the sufferer, it loses its importance and violates human rights. Whenever we talk of administration of justice, we often hear about justice delayed is justice denied we just hear it and forget it. This approach to justice is not good because if administration of law and justice continues to suffer from inordinate delay, people at large might think of changing the whole system and that would be a grave risk for the democratic way of life.
There are three enemies of the administration of justice-uncertainty. delay and costs. Uncertainty and delay both create a feeling of confusion and uneasiness in the minds of the litigants although lawyers and judges seldom realize this. Justice is the basis of all civilized societies. Law is made for punishing the guilty and exonerating the innocent. Therefore, it is important that the sufferer must get timely justice. Due to the complicated and expensive legal procedure justice is delayed.
Speedy trial is the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice. It is prejudice to a man to be detained without trial. Article 21 of the Constitution declares that no person shall be deprived of his life or liberty except in accordance with the procedure established by law. No procedure which does not ensure a reasonably quick trial can be regarded as reasonable, fair or just and would fall out of Article 21. Therefore, speedy trial or expeditious trial is an integral and essential part of the fundamental right of life and liberty enshrined in Article 21.
Speedy trial not only in criminal cases but also in civil cases is a must. In civil cases at present, the position is that a case filed by grandfather is pursued by the grandson. This state of affairs needs an early solution. For this the number of Courts should be enhanced, the retiring age of Judges right from District Court to Supreme Court should be increased. The Courts, if need be, may be allowed to run in two shifts to wipe out the arrears of pending cases in the different Courts. This would be possible only if time bound decision making is made mandatory by law as per type of a case and to make good the loss of delay, the Court begins to function in two shifts without compromising the procedural obligations.
In the United States, speedy trial is one of the constitutionally guaranteed rights. The Sixth Amendment to the Constitution provides that, “In all criminal prosecution the accused shall enjoy the right to a speedy and public trial” Article 3 of the European Convention on Human Rights provides that, “Every arrested or detained person shall be entitled to trial within reasonable time or to release pending trial.”
It is both in the interest of the accused as well as the society that a criminal case is concluded soon. Societal interest lies in punishing the guilty and exonerating the innocent but this determination of guilt or innocence must be arrived at with reasonable dispatch. Long pending criminal cases, eviction suits, money suits, matrimonial inatters require quick and timely disposal, delay in these cases is torture and denial of justice. Delay in matrimonial cases ruins the life of the man, the woman and their children. In accident claims delay causes great suffering to the dependents of the deceased.
In the courts of law, judicial process works through various appeals and the special leave to appeal under Article 136 of the Constitution. The time has come when we should think seriously over the multiplicity of appeals and evolve a suitable process to avoid delay. Another aspect of delay in justice is the quick transfer of judges. It leads to real hardship. The new judge has little time to study the statements of the witnesses thoroughly This should be avoided.
It is true that some amendments have been made in civil laws to give relief to parties, still laws should be amended, so that parties may get relief immediately right to appeal and revision should be curtailed to some extent and the area of Lok Adalats be expanded. The number of Fast Track Courts be increased. Legal literary camps be organized and a separate investigating agency be created to try the cases. Civil cases should be heard day to day and should not be adjourned over and over again. The number of Courts should be increased in proportion to increase in population. It is hoped that these measures will certainly prove helpful in providing quick justice to the people.
In the last we can say that quick justice will create a faith in the field of Judiciary. The aggrieved parties will definitely feel relief by getting justice provided the justice will be available to them well in time.
(XIII) SCIENCE DISASTER MANAGEMENT AND NATURAL CALAMITY
Science has been a critical tool for managing disasters and national calamities, providing insights into the causes of these events predicting their likelihood, and developing strategies to mitigate their impact From carthquakes to pandemics, the scientific community has played a vital role in helping governments and communities to prepare, respond, and recover from disasters.
Disasters are complex events that can have far-reaching consequences for individuals, communities, and nations They can be natural, like carthquakes, hurricanes, and wildfires, or human-made, like industrial accidents and terrorist attacks. Regardless of their cause, disasters often result in significant economic, social, and environmental damage, and can be deadly. To manage disasters and national calamities effectively. policymakers and first responders need nccurate and timely information, which is where science comes in.
Science provides critical insights into the causes of disasters and helps predict their likelihood. For example, geologists can use seismic data to identify areas at risk of earthquakes and determine when they are likely to occur. Meteorologists use sophisticated models to predict the path and intensity of hurricanes, and prepare for the storm’s impact. In addition, scientists can use historical data to identify patterns in disaster occurrences and provide information on the frequency, intensity, and duration of these events.
The role of science in disaster management doesn’t end with predicting and identifying risks. Scientists also develop strategies to mitigate the impact of disasters and help communities recover. For example, engineers can design buildings and infrastructure to withstand earthquakes and other natural disasters. Medical professionals can develop vaccines and treatments to prevent and manage infectious diseases like COVID-19, reducing the impact of pandemics. Scientists can also develop technologies like early warning systems and real-time monitoring tools that help authorities respond quickly to disasters and save lives.
Effective disaster management requires collaboration between the scientific community, policymakers, and first responders. Scientists provide the information and insights necessary to develop effective disaster management plans, while policymakers and first responders implement those plans and ensure that communities are prepared and protected. Communication and coordination between these groups is essential to ensuring that disaster management strategies are effective and responsive to the needs of affected communities.
One example of effective collaboration between the scientific community and disaster responders is the response to the 2004 Indian Ocean tsunami. Scientists had been warning for years that a massive tsunami was likely to hit the region, but their warnings were not heeded until it was too late. In the aftermath of the disaster, scientists and policymakers came together to develop a system of early warning buoys and real-time monitoring tools that could alert authorities to the onset of a tsunami. This system has been expanded and has helped to save countless lives in the region.
Another example is the response to the COVID-19 pandemic. The scientific community played a critical role in developing vaccines and treatments for the virus, providing policymakers with the tools they needed to manage the pandemic. At the same time, policymakers and first responders worked to implement public health in the form of safety measures like lockdowns and social distancing to slow the spread of the virus and protect vulnerable populations.
While science has been an essential tool in disaster management, there are also challenges to using scientific information effectively. One significant challenge is that scientific information can be complex and difficult to understand for non-experts, making it challenging to communicate the risks and consequences of disasters effectively. Additionally, political and economic factors can influence how scientific information is used in disaster management, potentially leading to decisions that prioritize short-term economic gains over long-term risk reduction.
In conclusion, science plays a vital role in disaster management and national calamities. By providing information on the causes and likelihood of disasters, developing strategies to mitigate their impact, and aiding in the recovery of affected communities, the scientific community helps to ensure that policymakers and first responders have the tools they need to manage disasters effectively. However, effective disaster management requires collaboration, efficient management and a scientific aptitude. Having these three attributes in the arsenal may help us deal with these issues faster and better.
(XIV) UNEMPLOYMENT AMONG DEGREE HOLDERS
The curse of unemployment with its different shades and shapes has been such a malady that its solution has escaped till date though decades have passed after our Independence in 1947. The youth becomes frustrated when he lacks source of income and work or engagement of his two hands and mind for gainful purposes.
The population of India and dearth of employment is increasing day by day in India. Because of increasing population, the impact and pressures on agricultural land also increases and because of devolution of ownership, the size of landholding decreases, creating its own problems and to avoid alt this exodus towards the cities from the villages has become a continuous process and youths have engaged themselves in avenues other than the agriculture and education happens one of them. The degree holders in educational markets are not well placed. The expertise in Accounts, Engineering. Medicine, Management and Technology particularly in Computers and Information has been very lucrative in the beginning of nineties but during the last decade, the output of these degree holders from the educational institutions has been number wise in such a large quantity that all of them could not get appropriate and proper employment. It may be said that because of large number of availability of technical degree holders, they have become under-employed, that is they are not being adjusted properly according to their higher qualifications rather are being given some job with inappropriate salary/wages/honourarium. This also creates frustration among the Indian youths.
The simple degree holders, at first attempt for competitive examinations but here the malady is that vacancies are lesser in numbers in comparison to the aspirants who appear to grab these vacancies. The position is that for one vacancy at least 100 applicants apply and after screening and written test for one selection, 4 to 5 and in certain cases 3 candidates are allowed for viva-voce. The procedure is very difficult and time consuming and candidates struggle for a job till their age permits in these competitive examination and thereafter either they try in profession of lawyering or teaching or indulge in criminal activities
The scenario of unemployment among the youths of the country is very pathetic and needs an early solution.
When a thing becomes difficult to get, people apply underhand dealings and indulge in activities, which deserve deprecation and as such corruption raises its head whereby without payment of some money no body can get a job.
To tackle the problem, the device of self-employment, technical, agriculture including agriculture of fruits, flowers and grasses should be resorted to. The village industry with the help of power, and diversification of cotton industry towards small size establishments with division of processes of production may be attempted. The transport industry where tempo is run for small distances also may be utilised to give employment to youths.
India being a developing country has many avenues in its fold but it lacks capital for which foreign investments are being encouraged and in the field of information technology the Indian youths have fared well. In the information technology there are two wings-Software and Hardware. In hard ware, the production of gadgets has unlimited avenues and the expertise of our youths is being utilised by the foreign capitalist in foreign countries.
Let us hope that by expansion of our horizon of thought and action problem will be solved provided we check our population growth.