Download - Business Ethics Final PPT
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Submiited by:
Deepika Bangwal D-10
Sachin Yadav D-11
Sooraj Nair D- 14
Zia Ansari D-37
Sachin Nikam D- 38
K Sunit D- 46
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What is justice
Protection of the innocent
Punishment of the guilty
Satisfactory resolution of disputes
Most importantly delivery of justice on
time is crucial for litigants
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Massive scams Robbery
Extortion
Murders in broaddaylight
Rape
Election booth rigging
through muscle power
Each of these is possible continuously and blatantly only due toone reason
THE PARALYZED JUDICIARY OF OUR COUNTRY
By the time justice is done either the person
fighting is killed or dies naturally
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Pendency of Litigation in India
Justice is not only blind but too lame as
well
Handicapped by
inadequate funds
budgetary allocations for law and justice not
being part of the plan expenditure
shortage of resources shortage of staff and infrastructure
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Causes
Inadequate number of Courts
Courts Inadequate number of judicial officers
Judicial officers not fully equipped to tackle
cases involving specialized knowledge Dilatory tactics by the litigants and their
lawyers who seek frequent adjournments anddelay in filing documents
Role of administrative staff of the CourtCorruption
Red Tapism
Judicial corruption
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CURRENT SCENARIO
Over three million cases are pending inIndia's 21 high courts, and an
astounding 26.3 million cases arepending in subordinate courts across thecountry.
Cases filed per 1000 is 1.2 in India farlesser than 17 in Malaysia and 14 inKorea
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0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
5 4.6
4.13.9
1.9
1.2 1.06 1.05 1 0.9
Pending Cases In subordinate courts in millions
Pending Cases
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0
100
200
300
400
500
600
700
Bihar Punjab Uttar
Pradesh
Delhi
628
334
212
344
Prisoners Kept under-Trial for over five years cases
Under-Trial Cases
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Impact of delay
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 thelitigants
Speedy trial is the essence of criminal justice and
there can be no doubt that delays in trial by itselfconstitutes denial of justice
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Impact of delay
Delays in courtrooms lead to corruption in
government; lack of investment in vital economicspheres due to uncertain contract enforcement;
higher transaction costs and a generalinflationary bias
The justice has become costlier, in terms of time
and money. Since the citizens are unable to apply
costly lubrication to the parts of mechanismattached to the system, their work is delayed and
justice goes out of their reach
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Continued....
Delay is eating up 2 percent of the GDP on an
average especially creating a hostile environment for
investment
Financial investors investing in India has a "legal risk
premium" which is an additional cost involved for
investment due to the weak legal system A report of World banks ranks India last among 184
economies, in terms of enforceability of contracts
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Indian case
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Uphaar Cinema case
Occurred on Friday, June 13, 1997 at
Uphaar Cinema Green Park Delhi
59 people died, mostly due to suffocation,
and 103 were seriously injured in theresulting stampede
Case filed by The Association of Victims of
Uphaar Fire Tragedy' (AVUT) and won Rs25 crore as compensation
However the Supreme Court on 13/10/2011,
nearly halved the sum of compensation
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Almost nine years after the tragedy, a trial courtjudge visited the Uphaar cinema hall in August,
2006, accompanied by CBI officials whoinvestigated the case to get a first hand look atthe seating and fire safety arrangements, whichhave been blamed for the tragedy
The Supreme Court on October 13 2011reduced the amount of compensation to be paidto the victims of 1997 Uphaar Cinema firetragedy. The compensation to family of
deceased above 20 yrs cut from Rs 18 lakh toRs 10 lakh each; for those below 20 yrs, fromRs 15 lakh to Rs 7.5 lakh.
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Cases
Shocking to observe that it took six years to
establish that the 59 people died because of
criminal negligence on the part of the cinema
management and the Delhi government.
It was clear from day one that nobody would have
died had proprietors of the cinema hall followed
safety rules
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Harshad Mehta Scam
Harshad Shantilal Mehta was an Indian stockbrokercharged with numerous financial crimes that took placein 1992.
Of the 27 criminal charges brought against him, hewas only convicted of one, before his death at age 48
in 2001. It was alleged that Mehta engaged in a massive stock
manipulation scheme financed by worthless bankreceipts, which his firm brokered in "ready forward"transactions between banks.
Mehta was convicted by the Bombay High Courtand Supreme Court of India for his part in a financialscandal valued at 5,000 crore which took place onthe Bombay Stock Exchange (BSE).
He was tried for 9 years, until he died in the late 2001
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Bhopal Gas Tragedy(1984)
Bhopal gas Leak disaster, which took a toll of
15000 people. Twenty eight years have passed
to that ghastly incident; still now victims were
fighting for its compensation, which fails to
measure up the damage caused to them.
In 2010 Chief judicial magistrate Mohan P Tiwari
pronounced the verdict in a packed court roomconvicting 85-year-old Mahindra, and seven
others in the case relating to leakage of deadly
methyl isocyanate gas
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They were held guilty under Sections 304-A
(causing death by negligence), 336, 337 and
338 (gross negligence) of the Indian PenalCode.
However, there was no word on Warren
Anderson, the then chairman of UnionCarbide Corporation of the US, who was
declared an absconder after he did not not
subject himself to trial in the case that began
23 years ago.
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Ruchika Girhotra
Molestation of a 14 year girl by a top cop
After she made a complaint, the victim, her family, and herfriends were systematically harassed by the police leading toher eventual suicide
After 19 years, the criminal has been found guilty but all he gotas punishment was 6 months in prison and a meager sum of1000 Rs
However, the accused in this
case got away on bail
by paying a few thousands,hereby making a mockery of
the justice
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Nitish katara was a 24 year old Indian business
executive in Delhi, who was murdered on Feb,17,2002,
by Vikas Yadav son of influential criminal-politician D. P.
Yadav He had fallen in love with Bharti Yadav, sister of Vikas
Yadav, Nitishs murder was an honor killing because the
family did not approve the relationship
Received threats several times
Finally, Vikas and Vishal Yadav were later found guilty by
the trial Court and awarded life sentence on 30 May
2008.
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All these cases shows the real picture how politics,
hierarchy in the system, money and muscle power
influence the cases and thus resulting into delay or
denial The accused party with its influence tries to eradicate
all evidences of witnesses
It takes decades to get justice, that too under
pressure of people outrage, media
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Law in other
countries
In United States, also speedy trial is one of the
constitutionally assured rights
In developed countries like US, for petty cases,
people filing cases in the morning get justice literallyby the evening
European Convention on Human Rights too provides
that everyone arrested or detained shall be entitled
to trial within reasonable time
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REMEDIES
Fast Track Courts
Mobile Courts
Lok Adalats
Alternative Dispute Resolution Mechanisms
Setting up of e-committee Setting up of GramNyayalayas
Declaration of Assets by Judges
Periodical Performance Evaluation and
Removal of Judges and officers of DoubtfulIntegrity
Tightening the Selection Procedure ofSuperior Court Justices
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Indian law system that is been inherited from British
rulers, has grown of ages and needs modification tosuit our needs and convenience
The modifications should aim at shortening theperiod of proceedings of the court
Amendment in the rules and regulations governing
court proceedings and simplification of the
procedures computerization of the whole country's judicial
system is the need of the hour
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