Vol. III, No. 1, April-June 2014 Editor's Column

INSIDE It is a matter of great pleasure for us that with the publication of the present issue of the Newsletter (Vol.- III, No.1), the Faculty Update 'BHU LAW SCHOOL Newsletter' has entered into the third Activities at Law School year of its existance. Despite all odds and work pressure, we Forthcoming Events have continued its publication. The Newsletter had been Legislative Trends launched with the idea to engage the members of legal International Legal News and Events fraternity in a meaningful debates and deliberations over a Recent Judicial Decisions variety of contemporary issues and to enhance our interactions with the outside world. Now, on the eve of Editorial Committee successful completion of the two years of its publication, I Editor- in -Chief can do say with utmost satisfaction that our innovative effort Prof. B. N. Pandey in the form of Newsletter has been quite successful in Head & Dean achieving its goal. Managing Editor Prof. Ajenda Srivastava I am extremely happy to note that the Law School is all set to Executive Editors introduce new courses and programmes from the coming Dr. Rajnish Kumar Singh academic session 2014-15. We are to start Five Year (ten- Dr. Raju Majhi semester) BA LLB(Hons) Degree Programme, One year Members (two-semester) LLM Degree Course, and Eight Post Prof. C. P. Upadhyay Prof. D. K. Mishra graduate(Part-Time) Diploma Courses in Forensic Science Dr. G. P. Sahoo and Medical Jurisprudence; Tax Management; Mass Dr. V. K. Pathak communication and Media Law; Human Resource Dr. V. P. Singh Management Service & Industrial Law; Information Student Contributors Technology Law; Corporate Governance; Environmental Mr. Anoop Srivastava Mr. Ranjeet Kumar Tripathi Law: Policy and Management; and Intellectual Property Mr. Mayank Pratap Rights. Mr. Anoop Kumar I thank my colleagues for their support and cooperation in Mr. Saurabh Chaudhari publication of the Newsletter. I am especially thankful to the Mr. Laxman Singh Rawat editorial team for their devotion and hard work for the publication of current issue. The untiring efforts of the Published by Committee, in ensuring timely publication of the issue, LAW SCHOOL should be acknowledged and highly commended. Finally yet Banaras Hindu University importantly, I express good wishes to our research scholars Varanasi – 221005, India email: [email protected] for providing research assistance to the editorial committee. Telefax : +91-542-2369018 http://www.bhu.ac.in/lawfaculty B. N. Pandey

1 DISTINGISHED VISITORS AT LAW SCHOOL, BHU during the Academic Session 2013-14

Hon'ble Mr. Justice Hon'ble Mr. Justice Hon'ble Mr. Justice Hon'ble Mr. Justice Hon'ble Mr.Justice Jasti Chelameswar, A. K. Sikri B. Amit Sthalekar, Aditya Nath Mittal, Giridhar Malviya, Judge, Judge, Supreme Court of India Judge, Allahabad High Court Judge, Allahabad High Court Former Judge, Allahabad (29-03-2014) (19-04-2014 ) (20-04-2014) (30-03-2014 ) High Court (29-03-2014 )

Prof Gurdip Singh, V C, R M L N L U (05-04-2014)

Hon'ble Mr.Justice Hon'ble Mr.Justice Hon'ble Mr.Justice Shri Vibhav Bhushan Upadhyay Sri Manan Kumar Mishra Kashi Nath Pandey G. S. Tiwari, D. D. Jha Former Advocate General, Chairman, BCI Former Judge, Allahabad Former Judge, Calcutta Judge, High Court Govt. of U. P. (05-04-2014) High Court High Court ( 20-04-2014 ) (29-03-2014 ) ( 20-04-2014 ) ( 19-04-2014 ) Faculty Updates

Dr. Bibha Tripathi, Associate Professor, Law and Ethics for Better Legal Services” to be The Clinical Legal Educational Programme School BHU acted as resource person in 2nd organized by IBA-CLE Chair, National Law and Legal Aid & Service Clinic Committee, Interaction for research scholars organized School of India University, ; Faculty of Law, BHU organized a one-day by the UGC Academic Staff College, BHU on Menon Institute of Legal advocacy Training, workshop on “Clinical Legal Educational “Human Rights of Women: Rhetoric and Trivandrum in association with Law School, Programme” on Saturday, 5.4.2014. Reality” on 27th May 2014. Banaras Hindu University supported by Ph. D. degree awarded to Shree Mukesh Ford Foundation India from 22-24 August, Kuamr Malviya, Assistant Professor, Law 2014. School BHU from Barkatullah University, Special Lecture for BA LLB (Five Year) Bhopal. He has also been awarded an students to be delivered by Prof N R In this workshop, Judges, Lawyers, Law Excellence and Rashtriya level award by the Madhava Menon, founder VC, NLSIU, Professors, Legal Advisors, Clients and India Friendship Forum, New Delhi. He has Bangalore and NUJS, on 23 Aug. students were invited to participate and published a paper on the topic 'Principles of 2014. present papers. The chief guest Mr. Manan Law through Indian Constitution' in Inter Faculty Debate Series “Pravah” to be Kumar Mishra, Chairman, Bar Council of Vidyasthali Law Journal. He has organized on September 6, 2014 on the India and Senior Advocate, Patna High participated in Northern India Regional topic “Are the Recent Charges against Court, inaugurated the workshop. Symposium, MGKVP, Varanasi. Judiciary Justified?” jointly by the Debate Committee, Law School, BHU and the Forthcoming Events Literacy Club, IIT, BHU. Intra Faculty Moot Court Competition to be Induction Programme for LLB (Hons) I organized on October 11, 2014. Semester & BA LLB (Hons) I Semester Prof. B.N. Pandey, Head & Dean, Faculty of Students to be organized in July and Activities at Law School Law and Director, Clinical Legal Education August. Programme(CLEP) & Legal Aid and Service Three –day Professional Development ONE DAY NATIONAL WORKSHOP ON Clinic(L A S C),Law School, B H U has Training Programme on “Teaching ADR Skill CLINICAL LEGAL EDUCATION ON APRIL delivered welcome address and spoke 5, 2014

2 about historical perspective, objectives of sessionslecture, training, group discussion Additional District Judge at Varanasi, Mr. these programmes and highlighted the and fieldwork presentations were Arvind Rai, Judge, Small Causes Court at achievements of CLEP & LASC. Dr. Shailendra organized. In the first session, Prof. D. K. Varanasi, Mr. Rakesh Kumar Tandon, State Kumar Gupta, Joint Director, presented Sharma, Law School, BHU, addressed the Coordinator of the Art of Living, addressed Annual Report and spoke about the interns and highlighted importance of legal the interns. Prof R.K. Murali congratulated Rejuvenation Action Plan of CLEP & LASC. aid and public advocacy in India. the interns for their active participation and In his inaugural address, Mr. Manan Kumar During the internship, six lectures-cum- research work. Dr. R. K. Patel and Dr. V. K. Mishra talked about the need of the quality discussion session organized on theme of Saroj provided academic and administrative legal education and importance of the clinical the internship. Mrs. Alpana Saxena, Senior support for the success of the program. legal education in developing technical skills Division Judge, District Court Varanasi and MAHAMANA MALAVIYA NATIONAL and professional knowledge amongst law Secretary, District Legal Services Authority, MOOT COURT COMPETITION, 2013-2014 students. During the workshop, the Legal Aid addressed the students and highlighted the Second Mahamana Malaviya National Moot Clinic, Law School also organized the “Poster role of District Legal Services Authority. Dr. Court Competition was organized in Law Exhibition on Role of Law and Lawyers and Shailendra Gupta, Joint Director, Legal Aid School, BHU on 19th and 20th April, 2104. Social Change in India”. and Service Clinic, delivered a lecture on The Moot Court Competition was Two technical sessions held in this workshop. 'Social Justice and the Role of Legal Aid inaugurated by the Hon'ble Mr. Justice A. K. The theme of the first session was “Role of Clinics in India'. With the active cooperation Sikri, Judge, Supreme Court India. L a w y e r s a n d J u d g e s i n S o c i a l of Prof. David Tushaus, Chairman, Total 17 teams from all over India Transformation”. Prof. R.K. Murali of Law Department of Legal Studies, Missouri participated in the Competition. Allahabad School, B.H.U. chaired the Session and ten Western State University, faculty members faculty members and students presented of Missouri Western State University their papers. Theme of the second session delivered four online lectures, through was “Legal Aid in India, Role of NALSA, Legal video conferencing. Aid Clinics, NGOs, and Media in Legal Prof. Tushaus delivered lecture on Empowerment.” Prof. Vinod Shanker Mishra, 'Problems of Access to Justice and Role of University was declared the Winner and Law School BHU, chaired this Session. In this Legal Aid Clinics in India and United States'. Galgotia University, Greater Nodia was the session, twenty-three speakers presented Professor Joanne Katzs discussed the role Runners-up. Many distinguished alumni of their papers. of restorative justice in American criminal Law School were also felicitated on the SUMMER INTERNSHIP IN LEGAL AID AND justice system. Mr. Brady Kopek talked occasion. PUBLIC ADVOCACY, 2014 FROM MAY 30 TO a b o u t t h e p r o b l e m s o f w r o n g f u l JUNE 28, 2014 convictions and need of legal aid to the In order to develop the professional skills victims. Prof. Jeremy G. Swenson presented amongst the law students and to sensitize a competitive study of Indian and US laws them for social justice issues, Legal Aid and on Domestic Violence. During the Service Clinic, Law School, BHU for the first internship, the Clinic allotted various topics time organized a month long summer to the interns for research. The interns were internship program, 'SUMMER INTERNSHIP asked to visit the chambers of lawyers and The dignitaries whose gracious presence IN LEGAL AID AND PUBLIC ADVOCACY, judges for their practical knowledge. marked the occasion were Hon'ble Mr. 2014' for the law students during May 30 to Justice Dharni Dhar Jha, Judge, Patna High June 28, 2014. This programmme organized in Court, Hon'ble Mr. Justice B. Amit association with Missouri Western State Sthalekar, Judge, Allahabad High Court, University, USA. Hon'ble Mr. Justice K N Pandey, former Judge, Allahabad High Court, Hon'ble Mr. Justice G. S. Tiwari, former Judge, Calcutta The valedictory function was presided over by Professor B.N. Pandey, Head and Dean, In this programme, seventeen students from Law School and Director, Legal Aid and four different universities had participated. Service Clinic. The interns presented their During the programme ten training sessions research works through power-point w e r e c o n d u c t e d . D u r i n g t h e s e presentations. Mr. Vikash Saxena,

3 High Court, and Dr. Rajeev Sangal, Director, misuse of power or willful misuse of places certain restrictions on employment I.I.T., BHU. The Organizing Secretary of the discretion or substantiates allegations of of persons who have served as Chairperson M o o t C o u r t C o m p e t i t i o n w a s D r . corruption, it shall recommend to the or Members of the Telecom Regulatory Kshemendra Mani Tripathi. public authority to initiate proceedings Authority of India after demitting office. against the concerned public servant. However, under the provisions of the Legislative Trends Safeguarding the persons against Insurance Regulatory and Development victimization, the Competent Authority Authority Act, 1999, the Pension Fund may give suitable directions to the Regulatory and Development Authority concerned public authority to protect such Act, 2013 and the Airports Economic person who had filed a complaint or made Regulatory Authority of India Act, 2008, the disclosure or rendered assistance in inquiry Chairperson or Members of the Insurance under this Act. The Act lays down penalties Regulatory and Development Authority. THE WHISTLE BLOWERS PROTECTION for various offences. For not furnishing The Pension Fund Regulatory and ACT, 2011 [Act No. 17/2014] reports to the Competent Authority, a fine Development Authority and the Airports It is an Act to establish a mechanism to of upto Rs. 250 shall be imposed for each E c o n o m i c R e g u l a t o r y A u t h o r i t y receive and inquire into complaints relating day till the report is submitted. However, it respectively, are eligible for employment in to disclosure on any allegation of cannot exceed Rs. 50,000. For revealing the Central Government or any State corruption or willful misuse of power or the identity of complainant negligently or Government after demitting office as willful misuse of discretion against any due to mala fide reasons, the penalty is Chairperson or Member, after a gap of two public servant. It also provides adequate imprisonment for up to 3 years and a fine of years. safeguards against victimization of the up to Rs. 50,000. For knowingly making TH E GOVE RNORS (E MOL UME NTS, person making such complaint. By virtue of false or misleading disclosures with mala A L L O W A N C E S A N D P R I V I L E G E S ) Section 4 of the Act, any public servant or fide intentions, the penalty is imprisonment AMENDMENT ACT, 2014 [Act No. 8/2014] any other person including any non- up to 2 years and a fine of up to Rs. 30,000. It is an Act to amend the Governors governmental organization may make a Moreover, the Act also provides that any (Emoluments, Allowances and Privileges) public interest disclosure before the person aggrieved by an order of the Act, 1982. This Amendment Act, 2014 Competent Authority. It further provides Competent Authority relating to imposition provides that the ex-Governor shall be that every disclosure shall be made in good of penalty for not furnishing reports or entitled to one personal assistant for the faith and disclosed substantially true revealing identity of complainant may file rest of his life. Keeping in view the high information. However, if the disclosure an appeal to the High Court within 60 days. constitutional office that a Governor holds does not indicate the identity of the T H E T E L E C O M R E G U L A T O R Y and considering his contributions in public complainant or public servant or if such AUTHORITY OF INDIA (AMENDMENT) discourse, a new Section 12A is inserted disclosure is found incorrect or false, no BILL, 2014 which provides that the ex-Governor shall action shall be taken by the Competent The Act came into force on May 28, 2014. for the remainder of his life be entitled to Authority. The Amendment Bill substitute's section 5 secretarial assistance of one personal Explaining the procedure of inquiry, sub- section (8), with the following text:- assistant on reimbursement basis. Chapter III of the Act provides that on (8)The Chairperson and the whole-time However, it also provides that this receipt of a public interest disclosure, the members shall not, for a period of two years emolument shall not be provided for the Competent Authority shall ascertain that from the date on which they cease to hold period the ex-Governor has been re- the complainant or the public servant was office as such, except with the previous appointed as Governor, elected to either the same person who made the disclosure approval of the Central Government, accept- the Parliament or state legislature, or has and then conceal his identity. After making (a)any employment either under the Central been appointed to any office of profit under discreet inquiry, the Competent Authority is G o v e r n m e n t o r u n d e r a n y S t a t e t h e s t a t e g o v e r n m e n t o r c e n t r a l of the opinion that the disclosure requires Government; or (b)any appointment in any government. to be investigated. It shall seek comment or c o m p a n y i n t h e b u s i n e s s o f T H E A N D H R A P R A D E S H explanation or report and after receiving telecommunication services. REORGANIZATION (AMENDMENT) BILL, As highlighted in the Statement of Object, the report, and if the Competent Authority 2014 sub-section (8) of section 5 of the Telecom finds that such report reveals either willful The Act came into force on May 29, 2014. Regulatory Authority of India Act, 1997 The Reorganization Act,

4 2014 (6 of 2014) was enacted on March 1, one hundred and third Session, in Geneva. his 30 years imprisonment imposed by the 2014 to provide for reorganization of the In his closing remarks Director General Guy Trial Chamber for committing above crimes. State of Andhra Pradesh into the States of Ryder pointed to the successful adoption of The Appeals Chamber reviews only errors Telangana and Andhra Pradesh. The the forced labour protocol as a notable of law, which have the potential to Amendment is being made in order to achievement. He said"… It is the fruit of our invalidate the decision of the trial chamber, enable the successor State Government of collective determination to put an end to an and errors of fact, which may occasion an Andhra Pradesh to have flexibility in the abomination which still afflicts our world of injustice. identification of areas for implementing the work, and to free its 21 million victims; it is a rehabilitation and resettlement aspect of demonstration of our capacity to adopt the Polavaram Multi-purpose National international labour standards to meet real Irrigation Project, as well as to ensure needs and …. to defend and promote continuity in the areas that form part of fundamental principles and rights at Hon'ble Mr. Justice R. M. Lodha, New Andhra Pradesh and for administrative work…" Hon'ble Mr. Justice Rajendra Mal Lodha, convenience. “The issue of labour migration resonates has been appointed 41st Chief Justice of the with you all…realizing the undoubted Supreme Court of India on 11th April, 2014 International Legal News and Events economic potential of migration depends and has assumed his office on April 27, 2014. very heavily on making it fair. And that He served as the Chief Justice of Patna High means adopting a rights-based approach Court and as a Judge in Rajasthan High which is still more frequently talked about Court and . Mr. Justice than applied,” Ryder, the Director General Lodha was born on 28 September 1949, his further said. father Mr. Justice S. K. Mal Lodha, was C O M M I T T E E A G A I N S T T O R T U R E Judge of . He took ONE HUNDRED AND THIRD SESSION OF CONCLUDES FIFTY-SECOND SESSION B.Sc. degree and LL.B. from The Committee against Torture on 23 May THE ILC University. In February 1973, he got enrolled 2014 concluded its fifty-second session The annual session of the International with the Bar council of Rajasthan and after adopting concluding observations Labour Conference, which lasted for two started practice at Jodhpur. He shifted to and recommendations on the reports of weeks, concluded on June 12, 2014. The in the year 1977 on formation of Cyprus, Guinea, Holy See, Lithuania, eradication of forced labour, the growing Jaipur Bench of the Rajasthan High Court. Montenegro, Sierra Leone, Thailand and challenge of migration and the continuing On 31 January 1994, Lodha was elevated Uruguay on how they implement the need to bring people from the informal from bar to the post of permanent judge of provisions of the Convention against economy to the formal economy were Rajasthan High Court at Jodhpur. On 16 Torture in their countries. The fifty-third some of the major areas under discussion. February 1994, he was transferred to session of the Committee will be held from Nearly four and a half thousand delegates Bombay High Court. As a Judge of the 3 to 28 November, during which it will representing governments, employers and Bombay High Court for thirteen years, he review the reports of Australia, Burundi, employees from around the world sat on almost all jurisdictions. He was again Croatia, Kazakhstan, Sweden, Ukraine, attended the session. During the session, re-transferred to the Rajasthan High Court United States and Venezuela. Protocol to The Forced Labour Convention, and on 2 February 2007, he re-assumed the ICTR APPEALS CHAMBER DELIVERS 1930 was adopted. At International Labour office as a judge there. On 13 May 2008, he JUDGMENT IN THE BIZIMUNGU CASE Conference, each Member state of the ILO was appointed as the Chief Justice of Patna On June 30, 2014, the Appeals Chamber of is represented by a delegation consisting of High Court. On 17 December 2008, Chief the International Criminal Tribunal For the two government representatives, one Justice of India K. G. Balakrishnan swore-in Rawanda (ICTR) while delivering its employer's representatives and one Justice Lodha as a judge of the Supreme judgment on the appeals filed by Augutiv workers' representatives. Court of India. Bizimunguru affirmed the prosecution in PROTOCOL TO THE FORCED LABOUR part, and conviction of Bizimunguru, as CONVENTION, 1930 (N0.29) ADOPTED On Recent Judicial Decisions superior, for genocide, extermination, 11 June 2014, Protocol to the Forced Labour murder and rape as crimes against Convention, 1930, (N0.29) was adopted by humanity. The Appeals Chamber affirmed the International Labour Conference at its

5 legislation to cover the field-Supreme Court their rights under Part I I I of our Pravasi Bhalai Sangathan v. Union of India s h o u l d n o t g r a n t r e l i e f o r p a s s Constitution and the laws made by the and others, AIR 2014 SC 1591 order/direction, which is not capable of Parliament and the State Legislature. The A G G R I E V E D M U S T R E S O R T T H E implementation. Supreme Court reiterated Centre and State Governments are directed R E M E D Y P R O V I D E D U N D E R A that when the statutory provisions and to grant legal recognition of their gender PARTICULAR STATUTE. particularly penal law provide sufficient identity such as male, female or as third th On 12 March 2014, Supreme Court of India remedy to curb the menace of “hate gender. Supreme Court directed the Centre in this landmark judgment has very speeches” Thus, person aggrieved must and the State Governments to take steps to precisely stated that when the remedy is resort to the remedy provided under a treat them as socially and educationally available in other statutes then writ particular statute. Finally court came to the backward classes of citizens and extend all jurisdiction can't be invoked. The present conclusion that we should not entertain a kinds of reservation in cases of admission in writ petition was filled by an organization petition calling for issuing certain directions educational institutions and for public dedicated to the welfare of inter-state w h i c h a r e i n c a p a b l e o f appointments. (4) Centre and State migrants, in the nature of public interest enforcement/execution. The National Governments are directed to operate s e e k i n g e x e r c i s e o f t h i s c o u r t ' s Human Rights Commission would be well separate HIV Sero-survellance Centres extraordinary jurisdiction under article 32 within its power if it decides to initiate suo- since Hijras/ Transgenders face several of the constitution of India, 1950. The motu proceedings against the alleged sexual health issues. The ruling in National contentions of the party ware that "Hate authors of hate speech. However when Legal Services Authority (NLSA) v. Union of s p e e c h e s " d e l i v e r e d b y e l e c t e d court came to know that Law Commission India has far-reaching implications. It is a representatives (political and religious has undertaken the study as to whether the courageous decision that embeds the leaders) are violative of fundamental rights Election commission should be conferred rights of transgendered persons primarily enshrined under Articles 14 (Equality before the power to de-recognize a political party within the right to equality in the Indian Law); 15 (prohibition of discrimination on disqualifying it or its members, if a party or Constitution. In this sense, it is a more grounds of religion, race, caste, or place of its members commit the offences referred dynamic decision than the Delhi High Court birth); 16 (Equality in matters of public to. Court requested in this case to Law ruling regarding Section 377, which was employment); 19 (prohibition of certain Commission that it examine the issues. And largely based on the right to privacy. The rights regarding freedom of speech etc.); if deems proper define the expression Court held that non-recognition of gender and 21(protection of life and personal “ h a t e s p e e c h ” a n d m a k e identity violates the rights to equality and liberty) etc. Then the pertinent question recommendations to the parliament to life, and that transgendered persons should before honorable apex court was what the strengthen the election commissions to the not be compelled to declare them selves as proper forum to cope up this problem is. parliament to strengthen the election either male or female. The lack of The bench comprising of Justices Dr. B. S. commission to curb the menace of “hate recognition of their gender identity curtails Chauhan, A. K. Sikri and M. Y. Eqbal speeches” irrespective of whenever made. their access to education, health care and observed that it is evident that the Ranjeet Kumar Tripathi public places, and results in discrimination legislature had already provided sufficient Research Scholar, Law School, BHU National Legal Services Authority (NLSA) v. in the exercise of their right to vote and and effective remedy for prosecution of Union of India, (2014) 5 SCC 438 secure employment, driving licenses and author, who indulge in such activities. In T H E P R O P E R R E C O G N I T I O N A N D other documentation where eligibility is spite of the above, petitioner sought reliefs FUNDAMENTAL RIGHTS PROVIDED TO contingent on declaring oneself as either which tantamount to legislation. Justice TRANSGENDERED PERSONS. male or female. Chauhan while referring the Constitution of The Apex Court in this case recognized the The Bench comprising K.S. Radhakrishnan India Article 142 emphasizes that Directions rights of transgendered persons. The and A.K. Sikri JJ has restored the image of / guidelines by the Supreme Court can be Supreme Court accepted the broad the Court as capable of bold moves when it issued by apex court only when there is definition of transgender as incljuding comes to addressing the denial of the right total vacuum in law. In case of vacuum of persons who did not identify with th sex to be human simply because of one's sexual legal regime to deal with particular assigned to them at birth. By this judgment status and conduct. situation court may issue guidelines to Mayank Pratap hon'ble court treat declared Hijras, Research Scholar, Law School, BHU provide absolution until Legislature acts to Eunuchs, apart from binary gender, as third Animal Welfare Board of India v. A. Nagaraja perform its role by enacting proper gender for the purpose of safeguarding and Ors,MANU/SC/0426/2014

6 B A N N I N G J A L L I K A T T U E V E N T , Prevention of Cruelty to Animals Act 1960, t h e C o n s t i t u t i o n i n s e r t e d b y t h e BULLOCK-CART RACE ETC. the Court found that the legislature has Constitution (Ninety- third Amendment) th On 7 May 2014, the Supreme Court upheld intended to cover all situations, where the Act, 2005 is valid and none of the rights the Central Government notification dated animals are subjected to unnecessary pain under Articles 14, 19(1) (g) and 21 of the 11.7.2011 that bulls cannot be used as or suffering. The Court went on to add that Constitution have been abrogated by performing animals, either for the Jallikattu under Section 11(1)(m)(ii) of the Prevention Article 15 (5) of the Constitution. Moreover, events or Bullock-cart races in the State of of Cruelty to Animals Act, 1960,if any the Court observed that the Article 21A of Tamil Nadu, Maharashtra or elsewhere in person, solely with a view to providing t h e C o n s t i t u t i o n i n s e r t e d b y t h e the country. Moreover, the Court found entertainment incites any animal to fight, Constitution (Eighty-Sixth Amendment) that the Tamil Nadu Regulation of Jallikattu shall be punishable under the Prevention of Act, 2002 did not alter the basic structure or Act, 2009 is repugnant to the Prevention of Cruelty to Animals Act 1960. It may be noted framework of the Constitution and is Cruelty to Animals Act, 1960 and declared it that Section 5 of the Tamil Nadu Regulation constitutionally valid. The Bench unconstitutional and void. Expanding the of Jallikattu Act, 2009 which envisages a comprising of A. K. Patnaik, Sudhansu Jyoti definition of word "life" under Article 21 of fight between a bull and bull tamersis Mukhopadhaya, , R. M. Lodha the Constitution, the Bench comprising of prohibited. Declaring the repugnancy and Fakkir Mohamed Ibrahim Kalifulla JJ K.S. Panicker Radhakrishnan and Pinaki between Section 5 of the Tamil Nadu pointed out that the provisions of the Right Chandra Ghose JJ observed that any Regulation of Jallikattu Act, 2009 and to Education Act, 2009 are meant to disturbance from the basic environment Section 11(1)(m)(ii) of the Prevention of achieve the Constitutional goals of equality which includes all forms of life, including Cruelty to Animals Act, 1960, the Court of opportunity in elementary education to animal life, which are necessary for human declared that Jallikattu events are c h i l d r e n o f w e a k e r s e c t i o n s a n d life, fall within the meaning of Article 21 of inconsistent and in direct collision with disadvantaged groups in our society. the Constitution. Recognizing the welfare Sections 3, 11(1)(a), 11(1)(m)(ii) and 22 of the Therefore, providing free and compulsory and the well-being of the animals, the Prevention of Cruelty to Animals Act, 1960 education to children between the age Supreme Court explained that the read with Articles 51A(g) & (h) of the group of 6 to 14 years are consistent with Prevention of Cruelty to Animals Act, 1960 Constitution of India. It also violates Article the right under Article 19 (1) (g) of the is welfare legislation and was enacted to 254(1) of the Constitution of India. It may be Constitution. Recognizing the provisions prevent the infliction of unnecessary pain, concluded by saying that the Supreme under Section 12(1) (c) read with Section suffering or cruelty on animals. The Apex Court has made liberal and expansive 2(n)(iv) of the Right to Education Act, 2009, Court held that Jallikattu events, Bullock- interpretation of the Article 21 of the the Court found that an unaided school not cart race, as such is not for the well-being of Constitution of India to include right to life receiving any kind of aid or grants to meet the animal and by undertaking such events, is not only guaranteed to human beings but its expenses from the appropriate organizers are clearly violating the first limb it also includes protection to animals. Government or the local authority is of Section 3 of the Prevention of Cruelty to Laxman Singh Rawat required to admit in class I, to the extent of Research Scholar, Law School, BHU Animals Act, 1960. Further, the Court took at least twenty five per cent of the strength notice of the fact that Jallikattu event or Pramati Educational and Cultural Trust ® and of that class, children belonging to weaker Bullock-cart race, from the point of the others v. Union of India and others, 2014 section and disadvantaged group in the animals is not an event ensuring their well- Indlaw SC 333 neighbourhood and provide free and being or an event meant to prevent the THE RIGHT TO EDUCATION ACT, 2009 compulsory elementary education till its infliction of unnecessary pain or suffering, UPHELD CONSTITUTIONALLY VALID completion. Explaining the rationale for The Constitutional Bench of the Supreme on the contrary, it is an event against their exclusion of minority schools, the Apex Court of India on 6thMay, 2014upheld the well-being and causes unnecessary pain Court concluded the fact that the Right to validity of the Right to Education Act, 2009 and suffering on them. Hence, both limbs of Education Act, 2009 is made applicable to and held that only those provisions of the Section 3 of the Prevention of Cruelty to minority schools, aided or unaided, the Right to Education Act,2009 which applies Animals Act, 1960 have been violated while right of the minorities under Article 30(1) of to minority schools, aided or unaided, conducting Jallikattu event and Bullock- the Constitution will be abrogated. covered under Article 30 (1) of the cart race. Therefore, those provisions of the Right to Constitution is ultra virus the Constitution. While interpreting the expression "or Education Act, 2009 which are applicable to The Court further held that Article 15 (5) of otherwise" under Section 11(1) (a) of the minority schools referred in Article 30 (1) of

7 the Constitution are ultra vires the DISHONOUR OF CHEQUE the accused under section 145(2) for re- st Constitution. The Court went on to add that The decision of April 21 , 2014 by the bench calling a witness for cross-examination. by excluding the minority institutions of K.S. Radhakrishnan and Vikramajit Sen, (5) Time Bound Disposal: The Court referred to in Article 30(1) of the JJ. related to the seeking guidelines/ concerned must ensure that examination- Constitution, the secular character of India directions for the expeditious disposal of in-chief, cross-examination and re- is maintained and not destroyed. the cases of dishonour of the cheque examination of the complainant must be Advocating reservation in private complaint under section 138 of the conducted within three months of educational institutions as a tool for social Negotiable Instruments Act, 1881. The assigning the case. The decision requires to justice or empowerment of backward and Supreme Court took into consideration of all Criminal Courts in the country dealing marginalized class, it has been pointed out the object of the Negotiable Instruments with section 138 cases to follow the above- that education is an organic process that (Amendment and Miscellaneous Provisions) mentioned procedures for speedy and cannot be borrowed or super imposed on a Act, 2002 that provides for speedy disposal expeditious disposal of cases falling under society. Article 15 (5) has been enacted to of cases relating to dishonour of cheques section 138 of the Negotiable Instruments.. provide reservation for backward and through summary trial as well as making the It must not only remain law in books but be marginalized sections of the society in offence compoundable. The Court issued used as law in action. private educational institutions to help following direction for dealing with cases Anoop Srivastava Research Scholar, Law School, BHU these sections of the society to develop the under section 138 of the Negotiable scientific temper, humanism and the spirit Instruments Act: of inquiry and reform. Examining the ( 1 ) I m m e d i a t e C o g n i z a n c e : validity of Article 15 (5), the Court declared Magistrate/Judicial Magistrate (MM/JM), that the view taken in the case of Ashoka on the day when the complaint under Kumar Thakurthat the imposition of section 138 of the Act is presented, shall reservation on unaided institutions by the scrutinize the complaint and, if the Ninety-third Amendment had abrogated complaint is accompanied by the affidavit, Article 19(1) (g) of the Constitution, is not and the affidavit and the documents, if any, correct. Referring T.M.A. Pai Foundation are found to be in order, take cognizance case, the Court was of the view that the and direct issuance of summons. admission of a small percentage of (2) Notice via Email: MM/JM should adopt a pragmatic and realistic approach while Law is reason, free from passion.' students belonging to weaker sections of -Aristotle (384 BC- 322BC) the society by granting them free ships or issuing summons. Summons must be scholarships, is not inconsistent with the properly addressed and mailed or e-mailed rights under Article 19 (1) (g) of the address got from the complainant. Court, in Constitution. The Court concluded that the appropriate cases, may take the assistance power under Article 21A of the Constitution of the police or the nearby Court to serve Law and order exist for the purpose of establishing justice and when they fail of India vested in the State shall not be notice to the accused. (3) Instant in this purpose, they become the Settlement: Court may indicate in the exercised to make any law which will dangerously structured dams that block abrogate the right of the minorities to summon that if the accused makes an the flow of social progress.' establish and administer schools of their application for compounding of offences at -Martin Luther King Jr.(1929-1968) choice. One can conclude by quoting the the first hearing of the case and, if such an Supreme Court of India in the instant case application is made, Court may pass that 'Article 21A of the Constitution does appropriate orders at the earliest. not alter the basic structure or framework (4) Quick Trial: Court should direct, the of the Constitution of India'. accused, when he appears to furnish a bail SUBSCRIPTION RATES Saurabh Chaudhari bond, to ensure his appearance during trial Single Copy: Rs 40/= Research Scholars, Law School, BHU and ask him to take notice under section 251 Annual: Rs. 150/= Printed by: Indian Bank Association and others v. Union Cr. P.C. to enable him to enter his plea of of India and others , AIR 2014 SC 2528 SHUBHKAMANA ENTERPRISES defence and fix the case for defence [email protected] GUIDELINES FOR THE EXPEDITIOUS evidence, unless an application is made by DISPOSAL OF CASES RELATING TO

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