GOVT. LAW COLLEGE EKM STUDENTS UNION 2019-20

EXCELLENCY CLUB

WEEKLY COMPILATION Vol II # 7: 16.11.2019

ESSAY/ARTICLE COMPETITIONS

1st Hon'ble Justice S.B.

Sinha Memorial National

Essay Writing Competition

At NUSRL. Last date: 15

December Theme: Economic Offences in

India Participants are free to

choose the title of their Essay.

Word limit: 3500

https://bit.ly/334wuP1 National Writing

Competition by Criminal

Law Review (CrLR):

Register by Nov 20,

Submt by December 25 Topics: * Should sexual

offences be gender-neutral? *

Dilution of the doctrine of

Presumption of

Innocence/Modification of

Principle of ‘Proof beyond a

reasonable doubt.’ * Striking

a balance between Sedition

Law and Right to Freedom of

Speech & Expression* Need

for Sentencing guidelines?

*Role of judiciary in

protecting victims’ rights?.

Registration fees Rs 150/300

(1/2 authors)

https://bit.ly/2WSey7Q

NLU Jodhpur’s 4th Pranita

Mehta Memorial Essay

Competition 2019: Prizes

worth 50k. Submit Jan 10 Topics: 1. A new world for

corporate whistleblowers:

Changes in the Insider Trading

Laws in India; 2. The future of

shares issued with differential

voting rights in the Indian

corporate regime; 3

Decriminalization of corporate

offences in India: Should it be

permitted?; 4. The obligation

to give back: The changing

face of Corporate Social

Responsibility in India. Max

word limit: 3000

https://bit.ly/2q5OQRc Dastur Essay

Competition 2020 by

Chamber of Tax

Consultants: Register by

Jan 25, 2020 Topics for the Ninth Dastur

Essay Competition are:1.

Gandhian values in today’s

era; 2. USD 5 trillion Indian

Economy: Dream or

Achievable?, 3. Artificial

Intelligence: Replacement for

the Human Mind?

https://bit.ly/2OfW0dN

Sabarimala Review: "Organised resistance

to thwart implementation of judgment must

be put down firmly", Minority Bench The Supreme Court today declined to give its final word on the review petitions filed challenging the 2018 Constitution Bench judgement that had declared that women of any age can be allowed entry into the Sabarimala temple. The majority Bench, comprising of Chief Justice Ranjan Gogoi and Justices AM Khanwilkar and Indu Malhotra decided to keep the matter pending in view of the possibility of other questions touching upon other religious practices that could be later decided by a Constitution Bench. However, Justices Rohinton Nariman and DY Chandrachud were blunt in their minority opinion that the petitions filed to review the Sabarimala judgment ought to be dismissed for lack of any error apparent on the face of the record. The minority opinion authored by Justice Nariman concludes, "Given the consensus ... by the four majority judgments, we find that no ground for review of the majority judgments has been made out. The review petitions are hence dismissed. Equally, all writ petitions filed under Article 32 of the Constitution, that have been filed directly attacking the majority judgments dated 28.09.2018, are dismissed as not being maintainable in view of Naresh Shridhar Mirajkar v. State of Maharashtra, (1966) 3 SCR 744, as followed in Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388." While doing so, the Bench also highlighted that once the Sabarimala issue has been conclusively decided by a Constitution Bench, an obligation to comply with the judgment follows. https://bit.ly/2r0dJ0M

University Bound To Provide Answer Sheets

Under RTI: Madras HC The Madras High Court on Monday held that evaluated answer sheets are `information' under the Right to Information Act, 2005 and Universities are bound to provide them to the Respondent-students

https://bit.ly/2rOlsQd

Air Pollution would not be where it is today if

our orders were followed, Delhi HC The Delhi High Court remarked that if its previous orders were followed, the pollution in Delhi would not be where it is today. The Court added, "The problem lies in implementation and not lack of ideas. There is a complete lack of will to implement the same.." The Court thus stated that all the stakeholders including the citizens, have to undertake a proactive role in case we have to make Delhi pollution-free. https://bit.ly/377Jl5n

Chief Justice of India "public authority"

under RTI Act: Supreme Court Highlighting the importance of transparency in the Judiciary, the Supreme Court today held that that office of the Chief Justice of India comes under the definition of "public authority" under the Right to Information Act, 2005 (RTI Act). Justice Chandrachud also wrote a separate, concurring opinion. He stated,

"Judicial independence does not mean that the judges are precluded from the rule of law." https://bit.ly/2NQXufF

Mere Registration Of An Agreement Of

Marriage Is Not Sufficient To Prove

Marriage: SC In a suit for partition, the claim of the plaintiff was that she was wife of defendant's deceased son. The Trial Court had held that there is no evidence of performance of necessary marriage ceremonies in terms of Section 7 of the Hindu Marriage Act, 1955. The agreement is not a proof of solemnization of marriage under the provisions of the Special Marriage Act, 1954 as it is only a contract of marriage which was registered. https://bit.ly/33T73QK Owner's Risk Clause Will Not Exempt Hotel

From Liability For Theft Of A Vehicle Given

For Valet Parking: SC

The SC observes that, in a case of theft of a vehicle given for valet parking, the hotel cannot claim exemption from liability by contending that it was due to acts of third parties beyond their control, or that they are protected by an 'owner's risk' clause. In Taj Mahal Hotel vs. United India Insurance Company Ltd, the National Consumer Commission, applying the principle of strict liability, held that, once the guest presents the car keys to the valet and possession of the car is transferred from the guest to the hotel, a relationship of bailment is established. https://bit.ly/32ONmIJ

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Arts Club Activities & Announcements

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INTERESTING STATISTICS Delhi, Kerala best in terms of legal aid in prison Kerala came second in the list of states that provided legal aid to maximum prisoners. In 2017, as many as 6,795 prisoners were given legal aid. The state is second to Delhi that gave legal aid to 42,750 prisoners. The figures present a positive picture considering the fact that the total capacity of all 54 prisons in the state is just 6,152. The prisons had an occupancy rate of 125% in 2017 with 7,753 prisoners. Officials of state legal services authority said the legal aid for a prisoner starts right from the moment a person is arrested and produced in court. There are advocates of the authority (retainers) at every court to handle bail applications of those who cannot hire their own advocates. The authority also has established legal clinics in every prison to give legal aid to prisoners. “What many people know is that the authority has even established internet connectivity in most clinics so that prisoners can learn about the status of their cases in higher courts on real-time basis. https://bit.ly/32TnaN0

INTERESTING CASE Revisiting the Bichhri Village Case One of the best positive manifestation of judicial activism in india so far is the Bichri village case. The private sector Hindustan Agro-Chemicals and its sister companies set up a chain of chemical units in Bichhri, near Udaipur. Within a decade, the local populace was struck with disease, disaster and endless misery. Sulphurous sludge let out indiscriminately by the chemical factories clog the canals of most of Bichri's fields. Effluent from another plant containing the highly toxic 'H' acid, a chemical banned from production in many countries in the West, flowed freely till recently into the nullahs contaminating the groundwater aquifers over large areas. The toxic chemicals turned 350 hectares of prime wetland into barren wasteland. The SC stepped in and not only ordered the closure of the five offending chemical plants but also told the companies to compensate the villagers for the environmental damage. NEERI put the total damage suffered by the villagers at Rs 3.4 2 crore, and damage to the environment at around Rs 37 crore. This is the first time the Court ordered a polluting industrial unit to pay for the damage caused, and asked the Government to attach the companies immovable property and machinery, if need be, to recover the amount. In the Bhopal gas tragedy, the Court did order compensation but only in its role of an arbiter. The case was triggered by a 1989 public-interest litigation by the Indian Council for Enviro-Legal Action. https://bit.ly/2NTMvCc

WORD MEANING Otiose

Otiose means “serving no practical purpose or result. In interpretation of statue, the assumption is that the legislature has not used any word in any otiose way. When interpreting the statue, no word in the statue should be made otiose, as far as possible,

The precepts of the law may be

comprehended under these three points: to

live honestly, to hurt no man willfully, and to

render every man his due carefully. - attributed to ARISTOTLE

DID YOU KNOW McDonald's Corporation, McDonald's Restaurants Limited v. Helen Marie Steel and David Morris [1997], popularly known as the McLibel case, is officially the longest case in English legal history. This ten year libel battle, where a corporate giant took on two individuals, resembled a David v Goliath battle. The fast food giant sued green campaigners David Morris and Helen Steel for libel over a stinging pamphlet criticising the ethical credentials of McDonalds. The court found some of the points in the pamphlets libellous. As such, McDonalds won the case, but suffered a PR disaster. In 2005, the European court of human rights declared that the pair, who were unfunded and were representing themselves, had been

denied their right to a fair trial, in breach of Article 6 of the European Convention on Human Rights

GENERAL KNOWLEDGE What Does the Air Quality Index (AQI) Really Show Us? With the Delhi air pollution in the news, here is a look at what the Air Quality Index is really all about. The Air Quality Index is based on measurement of particulate matter (PM2.5 and PM10), Ozone (O3), Nitrogen Dioxide (NO2), Sulfur Dioxide (SO2) and Carbon Monoxide (CO) emissions. To determine the quality of air in any particular area the pollutant concentrations are physically measured. The AQI is calculated based on the average concentration the measured pollutant, over a standard time interval (24 hours for most pollutants). The air quality is indicated through a single composite index, a colour code, and broad categories of air quality levels (good, moderate, poor etc). The most common AQI measurement is the AQI PM 2.5 index, or the average concentration levels of particulate matter when the measurement is taken. Read more at: https://fit.thequint.com/health-news/explaining-air-quality-index

LEGAL CONCEPTS EXPLAINED Best Evidence Rule

The Best Evidence Rule was established in England, by Lord Harwicke, in the Omychund v Barker (1745) case. He ruled that no evidence was admissible unless it was "the best that the nature of the case will allow." This means the best evidence in possession of the party must always be given. Thus, secondary evidence, such as a photocopy, will be not admissible if an original document exists and can be obtained. It is only in the absence of best or primary evidence that the Court will accept secondary evidence. Secondary evidence will never be received until the party tendering it proves that it is out of his power to obtain the best evidence.

KNOW YOUR RIGHTS Can Someone Take Your Photo in a Public Place without

Permission? The answer depends on the country or the jurisdiction. In most countries, it is not illegal to take a photograph in a public place, even pointing at someone who is walking by or standing. However, it is illegal if the public place is somewhere with an expectation of privacy, such as a public restroom. The major legal issue comes when the photo is for commercial use, when privacy laws apply. A person has a right to object having his/her face or body being shown to all and sundry. The consent of the person who features in the photo is essential. The usual remedy is to sue for financial damages, by filing a civil case. In cases where it can be proved the photo was taken with some illegal motive such as stalking, criminal charges may apply.

For instance, “Up skirt photos” where a person places a camera in the shoes are illegal because that violates the reasonable expectation of privacy and attracts criminal charges.

SFI & STUDENTS UNION 2019-20: GOVERNMENT LAW COLLEGE ERNAKULAM EXCELLENCY CLUB WEEKLY COMPILATION VOL II #7 - 16.11.2019 * Page 2 of 3

#Save JNU #Right to Subsidised Public Education

.

Thousands of students of the Jawaharlal Nehru University, led by members of the Students’ Union, are

protesting outside the All India Council For Technical Education (AICTE) auditorium. The protests have

captured the national imagination. The students are demanding a withdrawal of the draft hostel manual (which

has provisions for curfew and dress code apart from fees hike) and the proposed a hike in the fees since October

28. According to the student’s estimates, they will have to pay Rs 30,100 annually, excluding mess charges,

under the revised fees instead of the Rs 2,740 that they now pay. The hike comes to around 600%. Succumbing

to the protests, the government announced a partial roll-back in the fee hike and assistance for students of

economically weaker sections. The rent for a double-seater room, which was hiked to Rs 200 per month from

Rs 10 per month earlier, has now been reduced to Rs 100 per month. Rent for the single-seater room, proposed

at Rs 600 per month from Rs 20 per month earlier, has been reduced to Rs 200 per month. The one-time

refundable mess security fee has been hiked from Rs 5,500 to Rs 12,000. But the the main bone of contention

— the utility charges of Rs 1,700 that have been introduced for the first time – have not been removed or

reduced. The proposal of 10% annual increase also stays. 95% of fee hike remains. The JNU Students'

Union has said the strike will continue until the time the hostel manual is discussed with them. The partial

rollback is widely seen as a "lie" and a "trap". The JNU Teachers' Association (JNUTA) has also extended its

support to the strike, as has many student bodies and others across the country

More than 40% of JNU students' families

have income of less than Rs. 1,44,00 p.a,

the fee hike of Rs. 30,000 p.a would mean

those families would have to incur 30%

more expenditure on their children's

education, hence #FeesMustFall

When the government can build statues worth thousands of crores, spend thousands of crores in publicity from taxpayer's money, it is not just the JNU students, but each and every citizen who should agitate for free education.

JNU fees hike and the wider concept of “self-financing” colleges is actually a move against the poor, marginalized and oppressed getting quality education! It will only ensure that the right to education remains the exclusive domain of the wealthy and privileged elite. On a broader perspective, JNU is only one of the battlegrounds of a larger fight unfolding across the country to save the ideas of social justice, democracy and free thinking.

Commercializing education is tantamount of deprivation of the goal of quality higher education for the citizens, and a direct

attack on social justice and equality. Education is not a commercial business to earn revenue. Education is rather the basic

right of everyone. The merchants and traders of education are the scum of the earth.

CALL FOR PAPERS RGNUL Financial and Mercantile Law Review [Vol 7, Issue 1] Submit by Nov 30

[Extended] The upcoming issue of RGNUL Financial and Mercantile Law Review, i.e., Volume VII Issue I, is going to be a special edition on the broad theme of ‘Emerging Trends in Law Governing Investments in India’. Papers are invited dealing with one of the laws exclusively or mutually. There are several sub themes on offer. https://bit.ly/2CLL8iv

Lex Humanitariae [Vol 1, Issue I]: No Publication Fee, Submit by Jan 10, 2020 Articles, short notes, case commentraies, or book reviews accepted. Any theme related to socio-legal aspect is acceptable. Inter-disciplinary approach and comparative research shall be encouraged. https://bit.ly/358M5gS

NLIU’s Journal of Law and Gender [Volume 1]: Submit by Jan 25, 2020 The paper submissions by the writer(s) must strictly conform to originality within the broad theme of “Jurisprudential trends of Law and Society and its interplay with the Gender Spectrum”. Various sub themes lited. Articles: (5000-10,000 words); Case comments (2000-5000 words), Book review (1000-3000 words), Essay (3000-5000). Each manuscript must contain an abstract of not more than 250 words. https://bit.ly/2PYXyLY

Call for Blogs: LexDogma: Submissions on Rolling Basis The main focus of the blog is to create a forum to share analytical views on contemporary legal issues. While there are no rigid thematic constraints, the article should be related to trending legal issues – national or international. The expectation is that the submitted article will provide informed perspective, critical thinking and new insight to the readers. https://bit.ly/2NQcjiq

Ex MP Adv M B Rajesh @Bhagat Singh Study Circle

& Kada 2.0 (15.11.2019)

SFI & STUDENTS UNION 2019-20: GOVERNMENT LAW COLLEGE ERNAKULAM EXCELLENCY CLUB WEEKLY COMPILATION VOL II #7 - 16.11.2019 * Page 2 of 3