PATRON-IN-CHIEF Hon’ble Ms. Justice G. Rohini Chief Justice High Court of Delhi ADVISORY COMMITTEE Hon’ble Mr. Justice S. Ravindra Bhat : Chairperson Hon’ble Ms. Justice Indermeet Kaur : Member Hon’ble Ms. Justice Mukta Gupta : Member Hon’ble Mr. Justice V. Kameswar Rao : Member Hon’ble Mr. Justice Ashutosh Kumar : Member EDITORIAL BOARD Chief Editor : Prof. (Dr.) Bushan Tilak Kaul Chairperson Executive Editor : Mr. Dinesh Kumar Sharma Director (Academics) Editor : Mr. Laxmi Kant Gaur Director (Administration) Mode of Citation: 9 JDJA (2013-2016) The Journal of the Delhi Judicial Academy is an annual publication. Papers for publication in this Journal are invited in the form of articles, notes and case comments. The paper must contain an abstract in not more than 150 words. The mode of citation and footnoting should be as followed in this Issue. Paper already published elsewhere will not be considered for publication in this Journal. Paper should be typed in double space on one side of the A-4 size paper and also sent in compact disc (CD) or as an attachment with e-mail at [email protected]. The Delhi Judicial Academy shall be the sole copyright owner of all the published materials. Apart from fair dealing for the purposes of research, private study or criticism, no part of this Journal be copied, adapted, abridged, translated or stored in any retrieval system, computer system, photographic or other system or reproduced in any form by any means whether electronic, mechanical, digital, optical, photographic or otherwise without prior written permission from the Academy. The editors, publishers and printers do not own any responsibility for the views expressed by the contributors and for the errors, if any, in the information contained in the Journal and author shall be solely responsible for the same. INDEX MESSAGES Hon’ble Ms. Justice G. Rohini v Chief Justice, Delhi High Court; Patron-in-Chief, Judicial Education & Training Programme Committee Hon’ble Mr. Justice S. Ravindra Bhat vii Judge, Delhi High Court; Chairperson, Judicial Education & Training Programme Committee EDITORIAL Prof. (Dr.) Bushan Tilak Kaul viii Chairperson, Delhi Judicial Academy ARTICLES 1. Role of Judicial Standards in Judicial Process 1-14 … Vinod Dixit 2. How to Curb Abuse of Public Interest Litigation 15-28 … Parmanand Singh 3. Law Day and the Evolution of Our Constitution 29-55 … F. M. Ibrahim Kalifulla 4. Judicial Training and Education 56-60 … V. Gopala Gowda 5. Labour-Management Relations Law and the Supreme 61-128 Court of India: A Critique … Bushan Tilak Kaul 6. The Indian Seat of International Commercial Arbitration 129-163 … Abhilash Malhotra 7. Cardozo’s Contribution to the Judicial Process in India 164-177 in the Context of Judicial Discretion … Apoorv Sarvaria 8. Role of Magistrate in Criminal Investigation 178-200 … Bharat Chugh 9. Outline of Legal Mechanisms of Compensation to 201-212 Victims of Crime: International and National Perspectives … Gurpreet Singh iv JOURNAL OF THE DELHI JUDICIAL ACADEMY [VOL. - 9 10. Child Custody and Visitation Decision in Matrimonial Litigation 213-218 … Shalinder Kaur 11. Parole in India: An Analysis 219-230 … Anupama Gupta 12. Enforcement of Attendance of Witnesses and Production of 231-234 Documents in the Departmental Inquiries … Arun Bhardwaj 13. Exhibits of Documents – Law, Procedure & Practice 235-243 … Inder Jeet Singh 14. Victim Compensation – A New Leap Forward 244-254 … Samar Vishal 15. Child Rights: An Overview of the Legal and Policy Framework 255-269 … Dipa Dixit 16. The Protection of Children against Sexual Offences Act, 2012 270-292 – A Welcome First Step … Michelle Mendonca JUSTICE G. ROHINI Sher Shah Road, New Delhi -110503 CHIEF JUSTICE Phones.: 011-23387949, 011-23382951 HIGH COURT OF DELHI (Fax) 011-23782731 MESSAGE Learning is a continuous process and a sine qua non for human development and the society as a whole in its march to achieve excellence. The Delhi Judicial Academy has, since its inception, been providing a forum for learning and interaction amongst the Judges at all levels to debate on the judicial processes with the objective of providing quality justice to all in accordance with the constitutional values. It has endeavoured to help the officers at all levels to update themselves with the latest developments in the field of law and in assessing the importance of interface between law and society. It is heartening to know that the Delhi Judicial Academy has, in the past few years, incorporated contemporary areas of law in its curriculum with the objective of preparing the judges and other stakeholders to face the future challenges. It has also made a commendable effort of continuously and effectively sensitizing judges with respect to the realities of the interface between law and the marginalized, focusing on honing their capacities to translate their sensitivity into enhanced access to justice for all. Further, it has included programmes on Law and Information Technology, its relevance and importance and also use of new technology for conducting scientific investigation and to make functioning of courts more efficient. Legal Journals constitute a site for holistic engagement by incorporating varied perspectives and approaches to legal issues. They are not only important source of knowledge that update readers with latest trends and advances in the legal arena but also stimulate their intellect and thus offer the readers an opportunity to reflect upon and assess the trend. Such a stimulus ensures that further developments in law make the legal regime more fair and just. The legal Journal being published by the Delhi Judicial Academy gives an opportunity to the judicial officers at all levels, along with the academia, to contribute to the legal literature relevant for judicial education and training and vi JOURNAL OF THE DELHI JUDICIAL ACADEMY [VOL. - 9 also for building the capacity of the judicial officers in the new and emerging areas as well as in the traditional jurisdictions. The constructive criticism of the legislation and the judicial decisions help in improving the justice delivery system and the quality of justice as a whole. The incontrovertible truth is that learning is intricately connected to the performance of a judge. If we want to have an effective, responsive, accessible and fair judiciary, it is crucial that judges at all levels should constantly and effectively engage in the process of pursuing higher intellectual attainments. I congratulate the Editorial Board and all those who have made contributions to this Journal with commendable efforts. The authors in the present volume have made seminal contributions in their respective articles covering the very sensitive aspect of victim compensation, child rights, law relating to labour rights as also various other contemporary issues and topics. I also extend my best wishes for the success of the publication and look forward to seeing new volumes year after year. (G. ROHINI) CHIEF JUSTICE High Court of Delhi, Sher Shah Road, New Delhi-110003. Tel.: Court 43010101 Fax : 23782731 S. RAVINDRA BHAT Residence : 8, Rajaji Marg, New JUDGE Delhi-110011. Tel .: 23012326 MESSAGE It gives me immense pleasure to convery my best wishes to the Academy to have come up with ‘Journal of Delhi Judicial Academy 2016’. The Journal has good mix of contributions made by academia, judges and advocates covering a wide range of subjects. I am confident that the Journal would - in keeping with the high standards and quality of the Academy’s efforts-help contributing to the judicial education and would further provide a platform to judge, academia and others stake holders in the justice delivery system to share their ideas and knowledge. The considerable effort, which has gone into giving shape to the Journal, is apparent. I congratulate the editorial team as well as the contributors. I am confident that the journal would be well received by its readers and would be of use. With warms wishes, (S. RAVINDRA BHAT) EDITORIAL Judicial education is an integral part of the Common Law legal system. The changing needs of the society and the plethora of laws made from time to time throw up new challenges for the judiciary, making dispensation of justice a difficult task. In this context, judicial education and training play a crucial role towards improving judicial skills and capacities of the judges and other functionaries in the justice delivery system. It is also important today to sensitize the judiciary about the socio-economic realities that exist in the society in order to dispel the common myth that judicial decisions are based on inflexible laws and procedures. The evolving jurisprudence has credibly established that the duty of a judge is not confined to delivering judicial decisions alone but entails a bigger challenge of serving the process of justice as such. Hence arises the need to encourage our judiciary to not just follow a technocratic approach, but a humane one in consonance with the constitutional values while deciding cases. Judicial education is also vital to equip our judges with the necessary decision-making skills in cases that do not involve much of legal or objective base, or that involve questions of morality or subjectivity. Judicial training can also guide judges to write judgements and orders that are concise but reasoned, reader-friendly to the parties and the appellate courts - an essential component of access to justice. The decisions should also be worded clearly to make it easier for the masses to understand since the law laid down by the apex court is the law of the land, ignorance of law being no excuse. The objective of such training is also to expand capacities of our judicial officers and to make them aware about the latest developments in Science & Technology to make it easier for them to deal with cases in the emerging areas like cyber crimes and to appreciate the nuances of electronic evidence.