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Lamates 2019 Lamates © 2019 Copyright Reserved Published by Co-operative School of Law Vengalloor Thodupuzha, Idukki Dist, 685608 Phone: 04862202444 Email: [email protected], [email protected] Website: www.csl.ac.in ISBN: 978-93-5391-485-1 Editorial Board Dr. V.S Sebastian Dr. Aneesh .V. Pillai Dr. Dayana M.K Asst. Prof. Parvathy P.V Asst. Prof. Suresh T.S PREFACE The legal profession swears by the maxim, “verba volant, scripta manent” which means spoken words fly away, written words remain. This maxim explains the importance of legal writings now a day. Law schools face increasing pressure to improve instruction in practice- oriented skills. One of the most important of these skills is legal article writing. An article is a piece of writing written for a large audience. Effective writing is a skill that is grounded in the cognitive domain. It involves learning, comprehension, application and synthesis of new knowledge. Writing articles along with their professional studies will definitely help the students to increase their wisdom and knowledge ‘LAMATES’ is a compilation of selected research articles prepared by the students of this Law school as an extra work during their course period. We take this opportunity to thank all the students who contributed to this law magazine. We acknowledge the sincere support given by Prof. (Dr.) V S Sebastian, Principal, Co-operative School of Law for giving constant guidance and support to bring out the proceedings as an ISBN publication. We also extent our gratitude to Mr. P J George, Manager, Co-operative School of Law, Thodupuzha, who supports this initiative. We also convey our gratitude to our fellow teachers and the editorial board for their immense support for the publication of this book. We hope that this endeavor provides a platform for the students of our college to achieve their research goals during their academic period Staff Co-ordinators Asst. Prof. Parvathy P V Asst. Prof. Suresh T S MESSAGE A legendary proverb says, “A man without education is a strange animal.” Dr. Babasaheb Ambedkar was of the opinion that education will liberate all and hence he called each and every one to be educated, to unite and fight against the odds of the society. The encyclopedia of education defines legal education as a ‘skill for human knowledge which is universally relevant to the lawyer’s art and which deserve special attention in educational institutions. Former Justice Dada Dharmadhikari has rightly remarked that ‘legal education makes lawyer an expert who pleads for all like the doctor who prescribes for all, like the priest who preach for all and like the economist who plan for all’. Education is a radiance that shows the mankind the right path to move forward. The purpose of education is not just making a student literate but to develop rationale thinking, enhances knowledge and self sufficiency Legal Education plays a cardinal role in building a cohesive society. Co-operative School of Law thus is totally committed to providing quality, to enable its students to address modern challenges competently and more importantly to become ethical and human law practitioners. Our college has the privilege to have a healthy and harmonious ambience. Moreover, discipline in our campus inculcates the values of time management and punctuality. On this occasion, I am happy to convey my greetings and best wishes to the faculty members, students of the college and all those who contribute to the success of the magazine “LAMATES” and wish them success in all their future endeavors. Best Wishes… P J George President Thodupuzha Taluk Educational Co-operative Society MESSAGE It is really a matter of joy for me to hear that the second edition of the student’s magazine, ‘Lamates’ is going to be released soon. The articles selected by the editorial board for this edition seems to be short and crisp, but carry condensed thoughts. The intellectual energy of student authors diverted and depicted in the form of short articles find its place in this magazine. Many are the contributories to this edition Students from various batches, who have made significant presentations in weekly seminars and debates, abridged their findings and transmitted it to the Editorial board who after careful scrutiny, selected some for inclusion in ‘ Lamates‘. Efforts of students recognized in this manner would certainly foster their academic talents to a large extent. ‘Lamates’ can grow from the present frame work to a normal law journal in future. Along with short notes, it can think of including few research articles also as its contents which would certainly add to its intrinsic value. Similarly, lead articles from teachers within and out can also be thought of for inclusion into it. The sincere efforts of the Editorial Board under the able supervision of my colleagues Sri.Suresh T.S, and Smt. Parvathy P V, Assistant Professors of the Law School, are commendable. I wish this effort all success. Dr. V.S Sebastian Principal Co-operative School of Law MESSAGE We take immense pleasure in presenting the First Edition of our college Magazine LAMATES 2019. It is a mode to reflect our achievements. We express our sincere gratitude to the contributors. The CO-OPERATIVE SCHOOL OF LAW, THODUPUZHA finds itself in a position to adapt itself to the quick changes in the field of legal education and is committed to student’s personal and professional growth under the guidance of teachers and management. We are grateful to our Manager P.J George, Principal Dr. V.S Sebastian, Staff Coordinators Asst. Professor, Suresh T.S and Asst. Professor, Parvathy P.V who extended full support to us in completing this magazine. We invite suggestions and feedback from our readers. Hope you enjoy reading it as much as we enjoyed presenting it to you. Student Co-ordinators Amala Savy Ashish George Gillet Enas “LAMATES” – Co-operative School of Law SL.NO TOPIC PAGE NO 1. WHEN ‘JUSTICE’ IS ON TRIAL 2 Albin Anto 2. RIGHT TO PRIVACY UNDER THE CONSTITUTION OF INDIA 10 Tijo Charlin 3. LEGAL LITERACY: MILESTONE OF INDIAN LEGAL SYSTEM 18 Savio Jiji 4. GOOD SAMARITAN LAW 26 Ashish George 5. ETHICS AND PROFESSIONAL RESPONSIBILITY IN THE INDIAN LEGAL 31 PROFESSION Gillet Enas 6. LAW AND CRIMINAL PROFILING: AN OVERVIEW 39 Amala Savy 7. FIR AGAINST AN ADVOCATE 45 Harikrishnan V.R 8. SHOULD THE DOCTRINE OF RAREST OF RARE BE ABOLISHED IN INDIA 50 Steffy George 9. TRIPLE TALAQ IN INDIA 58 Ashna Sulthana Ashraf 10. ROLE OF JUDICIARY IN PROTECTION OF ENVIRONMENT 64 Annnsmariya Antony 11. CAMPUS POLITICS IN INDIA 71 Sujitha S 12. ENVIRONMENTAL ISSUES – AN EXAGGERATED FEAR? 75 Naveen Saju 13. RELIGIOUS INTOLERANCE 79 Greeshma B Raj & Dilby Domy 14. UNIFORM CIVIL CODE NEED AND CHALLENGES 83 Augustus S. Manguzha 15. FEMINISM 89 Angel Theresa 16. BRUTALITY OF MIND 94 Ancy John, Rajasree S Kumar, Sreelakshmi P.R 17. LINK BETWEEN UNIFORM CIVIL CODE AND GENDER JUSTICE 100 Gayathri Mahesh 1 “LAMATES” – Co-operative School of Law WHEN ‘JUSTICE’ IS ON TRIAL Albin Anto “They (citizens) will not wish power to be reposed in anyone whose honesty, ability or personal standards are questionable. It is necessary for the continuity of the system of law…that…standards of conduct, both in and out of court… are designed to maintain confidence.”1 - Justice Thomas Introduction Judiciary has been able to play its role in preserving the Constitution and rule of law exceedingly well over the years. Its efforts in ensuring the good governance, and welfare of the people, by protecting, preserving and expanding the horizons of fundamental rights are worth commendable. For preserving and advancing rule of law and public good, contributions of judiciary have been at times beyond its limitation. Within the limited sphere allotted to it by the Constitution, it is of no doubt that judiciary has been able to live up to its expectation. All these were made possible only because the people of India have solemnly agreed to repose their faith and confidence upon this judiciary and obliged it with the responsibility to act as a counter-weight to executive and judiciary. Henceforth, for its existence and effective continual discharge of duties, it is the dire responsibility of this institution, to respect the solemn resolution by the people of India, to repose their faith and confidence, and see that this confidence placed, does not corrodes. Meanwhile, as indicated by the illustrations from the past, the vital organ of state, at times fails in this respect. It is however to be noted with caution that, every such failure caused by the dubious acts of its forebears, is detrimental to the trust and confidence of the people upon this institution and ultimately to the rule of law. Therefore, any deviation from the standards expected from these eminent personnel need to be checked and cured expeditiously and public trust and confidence shall be maintained without any corrosion. It is thus, the need arises to address judicial misconduct forthrightly and in the manner it deserves. Tenth Semester, BBA., LL.B Student, Co-operative School of Law, Thodupuzha 1Judicial Ethics in Australia 9 (2ndEdn., 1997) 2 “LAMATES” – Co-operative School of Law What constitutes Judicial Misconduct? Justice Sawant Committee defines misconduct as “any conduct or a course of conduct on the part of a judge which brings dishonour or disrepute to the judiciary so as to shake the faith and confidence which the public reposes in the judiciary”.2Thus, to uphold the sanctity, honour and repute of judiciary, a judge is supposed to maintain his conduct, both professional and personal, inside and outside the office, before, during and even after the holding of office3 in every attempt, action and performance of duty4 and by its virtue must attempt to earn, and maintain the reposed faith and respect of the people.
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