Human Rights

Contents
At a Glance

Preface to the Second Edition

Preface to the First Edition

Contents at a Glance

Detailed Contents

Abbreviation

Table of Cases

1. Human Rights—Some Concepts

2. Interpretation of Statutes

3. Equality and Gender Equality

4. Human Rights and Reservations for Backward Classes and Scheduled Tribes

5. Right to Conceive and Right to Abortion

6. Rights of the Unborn Child

7. Human Rights and the Child

8. Human Rights and Child Marriages

9. Human Rights and Child Prostitution

10. Human Rights and Child Exploitation

11. Human Rights and Child Labour

12. Rights of Adoption

13. Human Rights and Juveniles

14. Human Rights and Right to Life

15. Right to Dignity, Reputation and Status in Life

16. Right to Die and Euthanasia

17. Human Rights and Bonded Labour

18. Human Rights and Crimes against Women

19. Human Rights and Environmental, Air and Water Pollution

20. Human Rights and Democracy

21. Human Rights and Right to Freedom of Speech and Expression

22. Right to Information

23. Human Rights and the Media

24. Human Rights and Education

25. Human Rights and Freedom of Religion

26. Human Rights and Inter-Caste and Inter-Religion Marriages

27. Right of Cohabitation

28. Right to Health and Medical Care

29. Right to Smoke

30. Rights of Persons suffering from AIDS

31. Right to Profession and Trade

32. Human Rights and Consumerism

33. Right to Advertise

34. Human Rights and Right to Move Freely

35. Right to Passport and Travel Abroad

36. Right to Shelter

37. Right to Privacy

38. Public Wrongs and Public Interest Litigation

39. Human Rights and Citizenship

40. Human Rights of Foreigners

41. Human Rights of Refugees

42. Rights of Defence Personnel

43. Human Rights and Communal Riots

44. Human Rights in the Terrorised Areas

45. Rights in Emergency

46. Property and Easement Rights

47. Intellectual Property Rights

48. Human Rights and Advocates

49. Human Rights and Role of Police

50. Human Rights and Judiciary

51. Human Rights and Role of Criminal Courts

52. Human Rights and Personal Liberty

53. Right to Silence

54. Right to Legal Aid

55. Right to Speedy Trial

56. Handcuffing

57. Arrest and Detention

58. Search and Seizure

59. Bail and Remand

60. Human Rights and Torture in Police Custody

61. Custodial Deaths

62. Police Encounters

63. Rights of Accused Persons

64. Punishment for Crime

65. Human Rights of Prisoners and Jail Reforms

66. Voting Rights of Prisoners

67. Compensation for Violation of Human Rights

68. Words, Phrases and Legal Terms

APPENDIX 1 The Protection of Human Rights Act, 1993

APPENDIX 2 The National Human Rights Commission (Procedure) Regulations, 1994

APPENDIX 3 Universal Declaration of Human Rights, 1948

APPENDIX 4 International Covenant on Civil and Political Rights, 1966

APPENDIX 5 International Covenant on Economic, Social and Cultural Rights, 1966

Appendix 6 International Convention on the Elimination of all Forms of Racial Discrimination, 1966

Appendix 7 American Convention of Human Rights, 1969

Appendix 8 African Charter on Human Rights and Peoples’ Rights, 1981

Appendix 9 Optional Protocol to the International Covenant on Civil and Political Rights (1966)

Appendix 10 Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of Death Penalty (1989)

Appendix 11 Instrument of Accession by India to the Human Rights Covenants (1979)

Appendix 12 The National Commission for Minorities Act, 1992

Appendix 13 The National Commission For Minority Educational Institutions Act, 2004

APPENDIX 14 The National Commission for Women Act, 1990

APPENDIX 15 The Protection of Women From Domestic Violence Act, 2005

APPENDIX 16 The National Commission for Backward Classes Act, 1993

APPENDIX 17 The National Commission for Safai Karamcharis Act, 1993

APPENDIX 18 The Commission of Sati (Prevention) Act, 1987

APPENDIX 19 The Commission of Sati (Prevention) Rules, 1988

APPENDIX 20 The Commissions for Protection of Child Rights Act, 2005

APPENDIX 21 Constitution of India

APPENDIX 22 The Protection of Civil Rights Act, 1955

APPENDIX 23 The Protection of Civil Rights Rules, 1977

APPENDIX 24 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

APPENDIX 25 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995

APPENDIX 26 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

APPENDIX 27 The Persons with Disabilities (Equal Protection of Opportunities,Rights and Full Participation) Rules, 1996

APPENDIX 28 The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

APPENDIX 29 The Consumer Protection Act, 1986

APPENDIX 30 The Right to Information Act, 2005

APPENDIX 31 The Prohibition of Child Marriage Act, 2006

Subject- index

contents

 

CHAPTER 1

Human Rights—Some Concepts

1. Rights and Duties—Conceptual features

2. "Human rights"—Concept and Meaning of

3. History of the Human Rights movement

4. Gradual Development of the Protection of Human Rights

5. Human rights—A vibrant issue

6. Worldwide acceptance of the ideology of Human rights

7. Human rights represent a vital expression of values

8. Universal influence of human rights movement

9. Universality about Human Rights

10. "International Covenants"—Meaning of

11. Historical background of Human Rights of Women

12. Directive Principles and Fundamental Rights—Reconciliation between

13. Universal Declaration of Human Rights

14. Human rights—Individual as the focal point

15. Necessity of tolerance

16. "Life"—Meaning of

17. Right to live with human dignity

18. Article 21 of the Constitution enjoins every person’s entitlement to life

19. Free Legal aid movement

20. Curtailment of personal liberty and freedom

21. Decency and dignity—Non-negotiable facets of human rights

22. Court an umpire to protect human rights

23. National Human Rights Commission

24. Approach to Court for enforcement of fundamental rights

25. Access to justice

26. Criminal justice process and participation of the victim

27. Provision of personal security by the State

28. Relief for violation of Article 21 of the Constitution

29. Personal liberty and due process of law

30. Mass agitations and restraints on personal liberty

31. Intrusion into privacy

32. Right to life includes right to livelihood

33. Conservation of precincts of historical value

34. Right to shelter—A basic right

35. Rehabilitation of disabled persons

36. Fundamental Right for speedy trial conferred by Article 21 of the Constitution

37. Rights to speedy and expeditious criminal trial

38. Right to work

39. Right to carry on an occupation

40. Regulation of traffic and levy of parking fees

41. Special status to Scheduled Castes

42. Slavery—Its causes and prohibition

43. Flag Code of India—Observance of

44. Hoisting of National Flag by citizens on their premises

45. Rights of the living dead

46. Training and exhibition of animals

47. Camels—Slaughtering of

48. Trade in ivory or ivory articles

49. Infringement of Human Rights—Writ for compensation

50. Fundamental Duties

CHAPTER 2

Interpretation of Statutes

1. Concept of interpretation

2. Interpretation—Meaning of

3. Interpretation—Object of

4. Purpose of

5. Primary principle of interpretation

6. Validity of legislative enactment with reference to Article 19

7. Constitutional validity of statutes—Determination

8. Writ jurisdiction—Court not to decide academic issues

9. Beneficent legislation

10. Title of the Act

11. Preamble as an aid to interpretation

12. General principles of interpretation of statutes

13. Fundamental rules of interpretation

14. Cardinal rule of interpretation

15. Golden Rule

16. Clear and unambiguous language

17. Casus omissus

18. Casus Omissus—Whether permissible to supply

19. Equity of the statute

20. Harmonious interpretation

21. Purposive construction

22. Commencement of an Act

23. Notification

24. Intention of Legislature

25. Reasons of enactment

26. Policy and object of the statute

27. Historical facts

28. Recommendations of the Law Commission

29. Statement of Objects and Reasons

30. Statement of Objects and Reasons—Use of, for deciding constitutionality of a Statute

31. Determination of object of statute

32. Rule of construction

33. Object of, and words and phrases

34. Common commercial meaning of the words

35. Same word to have same meaning

36. Effect to words used

37. Each word is important

38. Two different expressions

39. Definition clause

40. Context

41. Grammatical construction

42. Punctuation

43. Courts cannot legislate

44. Courts cannot rewrite a section

45. Heading of the section

46. Interpretation—Inclusive definition

47. Adjectives

48. Use of Adjectives—Function of qualitative adjective

49. Ejusdem generis rule

50. Assistance of statutes in pari materia

51. Incorporation of the provisions of another statute

52. Conflict between two similar statutes

53. Generalia specialibus non-derogant

54. Constitutional validity of a statute

55. Contemporanea expositio

56. Doctrine of severability

57. Dictionary Meanings

58. Encyclopaedias and technological books

59. Marginal Notes

60. Explanation

61. Schedule

62. Illustration

63. Non obstante clause

64. Internal aids

65. External aids

66. Doctrine of pith and substance

67. Delegated legislation

68. Subordinate legislation

69. Provision creating legal fiction

70. Deeming provision

71. Directory or mandatory provision

72. Exception

73. Saving clause

74. Proviso

75. General and particular powers

76. Executive instructions

77. Bye-laws of co-operative society—Do not have status of a statute

78. Amending Act

79. Repeal of a statute

80. Amendment and repeal

81. Prospectivity and Retrospectivity

82. Effect of amendment on pending proceedings

83. Implied repeal

84. Doctrine of eclipse

85. Doctrine of prospective overruling

86. Prospective operation of judgment

87. Binding nature of decision

88. Precedents

89. Precedent—Decision in election petition

90. Construction by implication of a notification

91. Construction of judgment

92. Res judicata

93. Defect in a notification

94. Taxing and Fiscal statutes

95. Penal statutes

96. Remedial statute

97. Procedural law

98. Interpretation of compromise decree

99. Interpretation of the Constitution

100. Interpretation of documents

101. Policy document

102. Interpretation of declaratory statute

103. Pre-Constitution enactment—Constitutionality of

104. Order passed contrary to mandatory provision of statute

CHAPTER 3

Equality and Gender Equality

1. Concept of equal treatment does not countenance reputation of wrong action

2. Directive Principles

3. Equality—Legal and Real

4. Inequality not favourable to fraternity

5. Dignity and equality of status and opportunity

6. Equal protection clause

7. Equality before Law—Concept of

8. Affirmative action and reservation

9. Service tax—Imposition of

10. Classification in regard to retrial/pensionary benefits

11. Protective umbrella of reservation

12. Public employment and equality of opportunity

13. Parity in promotional avenues

14. Fixation of seniority

15. Correction of date of birth in service records

16. Disciplinary proceedings

17. Pay revision

18. Fixation of different dates for extending benefit of enhanced stipend

19. Transfer

20. Termination of services of probationer

21. Regularisation of services of probationer

22. Determination of seniority of probationer

23. Appointment—Lack of transparency

24. Appointment—Discrimination

25. "Increment" and "Pay revision"—Distinguished

26. Termination of services of Badli worker

27. Appointment to sensitive posts

28. Appointment—False information given in application form—Rejection of candidature

29. Appointment—Reservation of posts of District Munsifs for women

30. Regularisation

31. Promotion

32. Ad hoc promotion

33. Deputationist—Reversion of

34. Correction of date of birth

35. Transfer—Political interference

36. Transfer—Interference by Court

37. Transfer of army personnel—Interference by Courts

38. Resignation

39. Equality of status and of opportunity

40. Classification

41. Policy decision—Must be made fairly

42. Unfair and irrational clause in a contract

43. Contract for supply of High Security Registration Plates for motor vehicles—Tender for

44. Judicial review in the matter of contracts

45. Article 226—Disputes relating to contracts

46. Submission of tender documents

47. Tender conditions—To be adhered to scrupulously

48. Fixation of pre-qualifications of tenderers

49. Government contract—Insertion of new eligibility criteria in tender notice

50. Government contract—Avoidance of payment of admitted amount

51. Government contract—Scope of judicial review

52. Government contract—Issuance of tender—Requirement

53. Affirmative action as compensatory and distributive justice

54. Arbitrariness and equality

55. Reasonableness and fair play

56. Charging different rates for mutation of property

57. Law as an instrument of social and distributive justice

58. Equal pay for equal work

59. Pay scale—Entitlement

60. Egalitarian Society and doctrine of equality

61. Discrimination implies deprivation

62. Adoption of measures of affirmative discrimination in favour of women

63. Competing claims

64. Fundamental Rights

65. Regulatory statute

66. Equality to the child

67. Custody of minor child

68. Categorisation of prisoners

69. Gender equality—A basic human right

70. Problem of gender equality

71. Judicial response to gender justice

72. Discrimination on grounds of gender

73. Prescription of Dress Code for Nurses in Indian Military Nursing Service

74. Retirement age of female members of aircraft flying crew

75. Sensitivity towards gender bias

76. Female education and gender equality

77. Rights to degraded women under the Constitution

78. Framing Code of Conduct is a right of the State

79. Basic economic rights to women in the family

80. Sexual harassment

81. Violation of fundamental rights of gender equality

82. Effective enforcement of basic rights of gender equality

83. Measures to check sexual harassment of working women

CHAPTER 4

Human Rights and Reservations for Backward
Classes and Scheduled Tribes

1. Secularism

2. Concept of "Secularism"

3. "Class" and "Caste"—Meaning of

4. Class of citizen does not include caste or religion

5. Caste system in India

6. Any backward class of citizen—Interpretation of

7. Backward classes and Backward class of citizens—Difference between

8. Article 16 (4) relates not to backward class but ‘class of citizen inadequately represented in service’

9. Poverty and social backwardness

10. Backward Class—Criteria for identification

11. Caste—Determination of

12. Caste certificate

13. Scheduled Tribes—Considerations for issue of caste certificate

14. Admission on basis of Caste Certificate

15. False caste certificate

16. Appointment on the basis of false caste certificate—Termination of service

17. Equity jurisdiction—Exercise of

18. Cancellation of Caste Certificate

19. Right of equality to Harijan and abolition of untouchability

20. Offence of insult on the ground of untouchability

21. Neglect of duties of public servant in conduct of investigation

22. Classification

23. Classification on the basis of educational qualifications

24. Classification due to historical reasons

25. Classification due to geographical reasons

26. Objectives of Reservations

27. Fraternity and reservation

28. Reservation—A means to offset inequality and achieve equality

29. Representation and its adequacy

30. Reservation—Test of reasonableness

31. Reservation and Preference—Substantially different concepts

32. Identification of creamy layer in backward class

33. Positive and affirmative action and positive discrimination—Concept of

34. SC/ST Reservation benefits—In education and public employment

35. Whether the policy of the Government can be subjected to judicial review ?

36. Extent of judicial review

37. Issuance of writ for reservation under Article 16 (4)

38. Status of SC/ST persons upon migration to another State

39. Reservation provisions attracted till before Constitution (77th Amendment) Act, 1995 and Constitution (81st Amendment) Act, 2000 only at the stage of initial appointment

40. Job reservation and promotion before the aforesaid two Constitution Amendment Acts

41. Future vacancy does not attract reservation

42. Procedural fairness in selection procedure

43. Protective reservation in super-speciality courses

44. Claim in maintenance of efficiency of Administration

45. Ignorance of merit on quantum of handicapness

46. Judicial review of reservation

47. Judicial Officers Cadre and Reservation Rule

48. Author’s submission

CHAPTER 5

Right to Conceive and Right to Abortion

1. Right to procreation of children

2. Right of abortion

3. Abortion right : A part of woman’s rights

4. Abortion : When permissible?

5. Protection of foetus in the gestation period

6. Religious view point on abortion

(A) Christianity

(B) Islam

(C) Hinduism

7. Abortion or killing foetus is a sin

8. Protectable interest of the foetus

9. Abortion cannot be forced on minor girl

10. Minor girl—Right to marriage and to conceive

11. Conflicting nature of right to conception, right to abortion and right to birth

CHAPTER 6

Rights of the Unborn Child

1. Status of the unborn child

2. Child in a womb regarded as a person in existence

3. Equal protection to unborn offspring

4. Right of the unborn child to birth

5. Sons born after partition

6. Son en ventre sa mere

7. Right to object to alienation of property

CHAPTER 7

Human Rights and the Child

1. Introductory

2. Pre-natal diagnostic techniques to determine the sex

3. Legitimacy/Paternity of the child

4. Illegal sale of babies—Procedural safeguard

5. Imposition of corporal punishment on the child

6. Children as victims of crime—The International scenario

7. Children as victims of crime—Its dimensions

8. Violence against children

9. Sexual exploitation of children

CHAPTER 8

Human Rights and Child Marriages

1. "Child Marriage"—Connotation of

2. Marriage of Minor—Restraint and prohibition

3. Child marriage—Legality and validity of

4. Child marriage—A social evil

5. Issuance of directions by Court

CHAPTER 9

Human Rights and Child Prostitution

1. Prostitution—Meaning of

2. Human rights and prostitution

3. Prostitution in society

4. Factors which support prostitution

5. Sexual child abuse

6. Child prostitutes

7. Concern of Judiciary towards sexual abuse

8. Sexual exploitation of children—Court’s directions

9. Genesis of the problem of prostitution

10. "Brothel"—Meaning of

11. Rehabilitation of prostitutes

12. Economic rehabilitation for prevention of prostitution

13. Measures to retrieve women from prostitution

14. Amendment of Dowry Prohibition Act—Steps to curb exploitation and suppression of women

15. Rescue and rehabilitation of child prostitutes

CHAPTER 10

Human Rights and Child Exploitation

1. Concern for the welfare of children

2. Problem of population explosion

3. Exploitation of children in any form is objectionable

4. Use of children by criminal gangs

CHAPTER 11

Human Rights and Child Labour

1. Problem of child labour

2. Causes of failure of legislative measures to eliminate child labour

3. Employing child labour is an offence

4. Child labour—Compensation to be paid by offending employer

5. Public interest litigation—Child labour in match factory

6. Child labour in hazardous employment—Prohibition of

CHAPTER 12

Rights of Adoption

1. Adoption—What is ?

2. Adoption—Right and necessity

3. Adoption—A religious duty

4. Custom as a source of right of Adoption

5. Article 21 as a source of right of Adoption

6. Method of Adoption in England

7. General effect of Adoption

8. Jurisdiction of the English Courts in matters of Adoption

(i) General rules

(ii) Convention rules

9. Validity of Adoption

10. Adoption under International Law

11. Law of Adoption in England

12. Law of Adoption in U.S.A.

13. Law of Adoption in India

14. Adoption—Validity of

15. Adoption by a Hindu converted to Christianity

16. Adoption and marriage

17. Proprietary effect of Adoption

18. Adoption and inheritance

19. Alienation of property—Right of adopted son

20. Doctrine of "relation-back"

CHAPTER 13

Human Rights and Juveniles

1. General

2. Objects of the Juvenile Justice Act

3. Aims of juvenile justice

4. Development of child’s personality

5. Delinquent juvenile and neglected juvenile

6. Method to rehabilitate neglected juvenile

7. Child Welfare Officer and Superintendent of the Observation Home—Qualities in

8. Proof of age

9. Powers of Sessions Judge to determine whether a person is juvenile

10. Juveniles—Trial by ordinary Court

11. Protection against exploitation of child

12. Question of age of juvenile—Determination of

13. Conviction when child becomes major

14. Criminal trials of children

15. Plea of minority—When to be taken

16. Jurisdiction of Criminal Courts in offences punishable with death or life imprisonment

17. Juvenile Courts—Judicial Officers must have some special training

18. Reformation—Theory of

19. Remand home and observation homes—Status of

20. Reformatory school not meant for major

CHAPTER 14

Human Rights and Right to Life

1. Duties and functions of the State

2. Right to life and liberty—Very wide in scope and applicability

3. Jurisprudence of personhood—Scope of

4. Life and liberty under Article 21 of the Constitution

5. Social justice—An arch to ensure meaningful life

6. Right to life—Facets of

7. Right to life—Payment of salary to employees of Public Sector Undertakings

8. Entitlement of citizens to a life of dignity

9. Indecent beauty contest—Offence under Article 21 of the Constitution

10. Right to education is implicit in right to life

11. Rights for a decent life under Article 21 of the Constitution

12. Right to get water—A part of right to life

13. Right to dignified and civilised life—Problem of water logging

14. Provision of medical services in trains

15. Provision of adequate medical facilities

16. Freedom of movement—Provision for wearing protective head gear

17. Erection of advertisement hoardings—Regulation of

18. Right to life—Project of beautification and cleaning of river bed area

19. Reimbursement of medical expenses to a Government employee permissible

20. Deformity caused by polluted water—Free medical treatment

21. Right to move freely throughout the territory of India

22. Security of life of citizen—Freedom from fear and threat

23. Right to privacy

24. Right to shelter springs from right to residence

25. Protection of health of workmen

26. Licence for acquisition of firearms

27. Calling of "bundh" entails restriction of movement

28. Travel by sleeper coaches during day time by short distance commuters

29. Remand when sanction order bad

30. Notification banning the training and exhibition of animals in circuses—Whether violative of the right to life

CHAPTER 15

Right to Dignity, Reputation and Status in Life

1. Dignity—Explained

2. Right to status of tribals

3. Right to decent standard of life

4. Right of lunatic to get timely medical aid and treatment

CHAPTER 16

Right to Die and Euthanasia

1. Suicide

2. Causes for committing suicide

3. Right to die

4. Validity of Section 309, Indian Penal Code

5. Right to end one’s own life

6. Attempt to commit suicide—Section 305, I.P.C. not unconstitutional

7. Sufferings of persons and result as a failure of attempt to suicide

8. Suicide and social trauma

9. Suicide and Euthanasia—Distinguished

10. Euthanasia

CHAPTER 17

Human Rights and Bonded Labour

1. "Bonded labour"—Connotation of

2. Forced labour—Ambit and scope of

3. Begar is a form of forced labour

4. Act of depriving a person of the choice of alternatives is called ‘Force’

5. "Begar"—Meaning of

6. Bonded labourer—Identification and rehabilitation

7. Conscious obligation of employer not to force system of bonded labour

8. Relief by State in conditions of drought

9. Exploitation of migrant workmen and suo motu action by Supreme Court under Article 32 of the Constitution

CHAPTER 18

Human Rights and Crimes against Women

1. General

2. Women as victims of violence

3. "Traffic in human beings"

4. Violence against women

5. Rights of a Hindu wife

SEXUAL HARASSMENT

6. Sexual harassment of working women

7. Dignity of women upheld by the Apex Court

RAPE

8. General

9. Rape—Definition cannot be enlarged to include all forms of penetration

10. Presence of smegma

11. Medical examination of the victim

12. Rape case—Determination of age of prosecutrix

13. Necessity of corroboration of testimony of victim

14. Consent not proved—Conviction proper

15. No conviction without proper identification

16. Conviction sustained in absence of malice against the accused

17. Inference of consent

18. Rape—Measure of punishment

19. Reduction of custodial sentence

20. Rape—Reduction of sentence below prescribed minimum

21. Consent of minor will not be helpful if there is penetration

22. Consent of prosecutrix where medical evidence not supportive

23. Absence of corroboration

24. Delay in lodging of FIR

25. Disowning of FIR by the maker

26. Conviction set aside where evidence of prosecutrix unreliable

27. Identification of accused in rape cases

28. Evidence of resistance in rape cases

29. Modesty of a woman

30. Outraging of modesty

31. Attempt to rape and outraging of modesty of a woman—Distinction between

32. Forcible rubbing of penis though without penetration sufficient to prove an attempt to commit rape

33. Independent corroboration—Necessity of

34. Interference in finding of fact of lower Court —Illegal

35. Interim maintenance in bail order against accused

36. Non-corroboration of eye-witnesses—Fatal to prosecution

37. Statement of prosecutrix—Relevancy of

38. Absence of injuries on the prosecutrix

39. Testimony of prosecutrix when sufficient for conviction

deaths BY Burning

40. Bail to accused persons

41. Framing of alternative charge will not vitiate Court’s finding

42. Improper investigation of attacks on married women

43. Compounding of offence under Section 498-A, I.P.C. by the Court

44. Conviction for offence under Section 363, I.P.C

CRUELTY

45. "Cruelty"—Definition of

46. Absence of evidence in case of cruelty

47. Cruelty not proved in absence of wilful conduct and unlawful demand

48. "Cruelty"—"Legal cruelty" and "Mental cruelty"—Proof of

49. Danger not required to be proved in cruelty

50. Determination of cruelty—Factors for

51. Ill-treatment by in-laws causing death—Cruelty proved

52. Wife not staying with husband after marriage

53. Offence of cruelty—Misuse of against innocent husbands

54. Physical violence—Not necessary ingredient of cruelty

55. Cruelty and demand for dowry

56. Repeated demand of dowry—An act of cruelty

57. Modification of sentence

58. Sufficient evidence regarding demand of money—Guilt proved

59. Harassment by instituting false cases

60. Ingredients of offence of attempt to commit crime

61. Appreciation of evidence in suicide case

62. Absence of evidence—Offence not made out

63. Death of deceased caused in furtherance of common intention

64. Direction to pay compensation to deceased’s heir—Legality of

65. Death by hanging

66. Conviction for mental torture and cruelty

67. Proof of harassment established—Sufficient for conviction under Section 304-B, I.P.C

68. Report by Police Officer on completion of investigation

69. Nature of proof in dowry death cases

70. Suspicion and conjectures—Fatal to prove the guilt in case of dowry death

71. Dowry death—Time between ill-treatment and death is relevant

72. Modes and methods to commit suicide

73. Infliction of torture by husband not proved, conviction set aside

DIVORCE

74. Marriage and Divorce

75. Annulment of marriage—On grounds of fraud by suppression of material facts at time of marriage

76. Annulment of marriage—On grounds of mental disorder

77. Withdrawal of wife from the society of husband

78. Divorce—Ground of irretrievable breakdown of marriage

79. Divorce petition—Grounds of desertion by wife

80. Desertion and wilful separation—Distinguished

81. Cruelty

82. Mental cruelty—Explained

83. Divorce on ground of cruelty

84. Divorce petition by Christian husband

MAINTENANCE

HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

85. Right of maintenance

86. No conflict with restitution of conjugal rights

87. Desertion

Code of Criminal Procedure, 1973, Section 125

88. Right to claim maintenance from husband

89. Claim for maintenance on re-marriage of husband

90. Right to maintenance—Independent of personal law

91. Ability to maintain

92. Maintenance of mother

93. Maintenance case—Absence of affidavit

94. Claim of wife for additional maintenance amount

95. Allegations of adultery and cruelty

96. Maintenance amount

97. Application for change of maintenance allowance

98. Arrear of maintenance of more than one year—Power of court to grant

99. Attachment of salary for recovery of maintenance

100. Quantum of maintenance

101. Change of husband’s income during maintenance proceedings

102. Amount of maintenance—Circumstances to be considered

103. Claim for maintenance

104. Divorced but not remarried

105. Decree for restitution of conjugal relations—Effect of

106. Maintenance—Enhancement of

107. Grant of maintenance and allegations of adultery

108. Grant of maintenance allowance from date of application

109. Grant of maintenance to Muslim minor daughter on date of divorce—Permissibility of

110. Income of the husband

111. Inability to maintain—Imperative necessity to prove

112. Interference in amount of maintenance

113. Interim maintenance—Grant of

114. Interlocutory order and interim order—Interpretation of

115. Inflation of cost in maintenance—Judicial notice

116. Joint Hindu family—Liability for maintenance

117. Lump sum payment of maintenance

118. Maintenance on adjournments of case on several occasions

119. Maintenance allowance—Grant of

120. Maintenance granted by Civil Court—Effect of

121. Maintenance from the date of application—No bar

122. Proof of talaq and maintenance during iddat period

123. Maintenance pendente lite

124. Maintenance—No relationship with religion, caste or personal law

125. Father’s income—Irrelevant for fixing son’s liability for maintenance

126. Nature of proceedings for maintenance

127. Double maintenance allowance—Not permissible

128. Order for maintenance—Proof of neglect or refusal necessary

129. Mere occasional visit by husband—No proof of maintenance

130. Order to be passed after hearing both the parties

131. Offer by husband to maintain and refusal by wife

132. Offer to maintain cannot take effect retrospectively under Section 125 (3), Cr. P.C.

133. Wife may live separately on justifiable grounds and get allowance

134. Order for maintenance

135. Order from date of application

136. Grant of maintenance to wife and minor son

137. Power of Court to recover maintenance amount

138. Order passed without reason

139. Ex parte interim maintenance order

140. Who is liable to pay maintenance?

141. Private agreement to pay maintenance—No bar for proceedings

142. Reassessment of evidence in maintenance proceedings

143. Arrears of maintenance allowance—Recovery of

144. Wife living separately without sufficient cause

145. Second marriage entitles wife for separate living and maintenance

146. Second wife can claim maintenance

147. Effective date of payment of maintenance

148. Commencement of both civil and criminal proceedings for maintenance—Proceedings under Section 125, Cr. P.C.—Ought to be stayed

149. Arrears of maintenance—Abatement of

150. Facts to be proved in maintenance case

151. Inability to maintain

152. Affidavit—Validity of order on

153. Interim maintenance—Grant of

154. Maintenance order—When exhausted

155. Cancellation of orders for maintenance—Jurisdiction

Hindu Marriage Act

156. Maintenance pendente lite—Application can be disposed of on affidavits

157. Interim maintenance

158. Maintenance of child—Moral and statutory obligation

159. Maintenance pendente lite

160. Maintenance and litigation expenses

161. Obligation of maintenance of wife

162. Maintenance and validity of marriage

Muslim Women (Protection of Rights on Divorce) Act, 1986

163. General

164. Maintenance allowance

165. Maintenance—A right or charity ?

166. Maintenance—Whether provisions are an eyewash ?

167. Maintenance under Muslim law—Oral divorce

168. Relief of maintenance under Muslim Act, 1986—Tenability of petition under Section 125, Cr. P.C. proceeding

169. Major girl—Marries of her choice—Charge sheet under Section 366/368, IPC quashed under Article 32 by Supreme Court

CHAPTER 19

Human Rights and Environmental, Air and
Water Pollution

General

1. Love of Nature

2. Fundamental Rights and Directive Principles providing for protection of environment—To be read together

3. Disturbance of basic environment elements—Hazardous to life

4. Environmental Pollution—Causes of

5. Pollution and nature-destruction crimes—Gravity of

6. Steps for controlling environmental pollution

7. Protection of people from pollution

8. Tapping of natural resources and ecological balance

9. Environmental care and conservation

10. Construction of Tehri Dam—Well-informed decision taken by Government not to abandon the project cannot be interfered with by Court

11. Environmental Courts/Tribunals—Difficulties of complex technology

12. Environmental Law and locus standi

13. Environmental protection—Consciousness for

14. Environmental Protection—A constitutional mandate and commitment

15. Society’s interaction with nature and effect on humanity

16. Environment safeguard under the Constitution

17. Free and unpolluted environment—Court’s intervention

18. Hygienic environment—An integral facet of right of healthy life

19. Land development plans

20. Industrial development vis-a-vis protection of environment

21. Nuisance—An interference in enjoyment

22. Necessity of policy decision for ecological balance

23. Establishment of forest based industries

24. Effects of pollution and nature-destruction crimes

25. Controlling the monster of pollution

26. Protective measures to control pollution

27. Precautions in laying pipeline to protect Ecology and Environment

28. Protection of life and personal liberty

29. Public nuisance by pollution of river Ganga

30. Public nuisance by manufacturing contaminated and adulterated tea

31. Adequacy of punishment for violation of Environmental Protection Laws

32. Safeguards under Article 32 for preservation of fundamental rights

33. Changing trends in judicial activism in environmental protection

34. Right to environment and right to livelihood flow from right to life

35. Right to Life—Manifold attributes

36. Protection and preservation of environmental ambience—Encroachment of indiscriminate construction of residential-cum-commercial complexes by Development Authority

37. Domestic garbage and sewage

38. Right to use water prevails over other needs

39. Atmospheric pollution—Slow poisoning by

40. Changing needs of the society—Evolution of New Law

41. Sustainable development

42. Sustainable Development and Ecology—A balancing concept

AIR POLLUTION

43. Air pollution defined

44. Effects of Air pollution

45. Air pollution control in residential area

46. Water and Air Acts—A complete Code for prevention and control of water and air pollution

47. Precautions to avoid Air pollution

48. Pollution by Alloy Steel rolling mill—Directions by Pollution Control Board

49. Exemption to industries causing air pollution—Ultra vires the Air Act

50. Relocation of industries to prevent annihilation of inhabitants

51. Banning of limestone quarries

52. Degradation of Taj due to pollution

53. Ban on old commercial vehicles

NOISE POLLUTION

54. Right to life—Includes freedom from noise pollution

55. Disastrous noise violative of constitutional guarantee under Article 21

56. Right to sleep and leisure

57. Interference of noise with sleep and rest

58. Health hazards of Noise pollution

59. Ban on manufacture of fireworks creating noise beyond permissible limits

60. No inherent right to manufacture fireworks that creates sound pollution

61. Sound pollution during Azan

62. Restrictions on use of loudspeakers/public address system—Exemption

63. Noise by aircrafts

64. Excessive noise—A war of decibels

65. Noise pollution by vehicles

WATER POLLUTION

66. Pollution of water

67. Pollution by health care establishments

68. Pollution by discharge of sewage into river

69. Shrimp culture farming

HIGHWAYS

70. Law relating to users of highways involves give and take

PLASTICS

71. Consumption of plastic and its effect

NEON LIGHTS

72. Neon lights—A source of health hazard and environmental nuisance

PRINCIPLES ON ENVIRONMENTAL PROTECTION

73. General

74. Precautionary principle and the polluter pays principle

75. The precautionary principle—New burden of proof

76. The Assimilative Capacity Principle replaced by the Precautionary Principle

77. Salient principles of sustainable development

78. Customary International Law and Domestic Municipal Law

CLOSURE AND compensation

79. Closure of workshop

80. Compensation—Liability of polluting industries

81. Offence by Company

82. Lack of public response to pollution crimes

83. Public Interest Litigation for ecological imbalances

84. (i) "Natural resources are the assets of the entire nation"..... Guidelines fixed by Apex Court to determine N.P.V.

(ii) "The King is under no man, but under God and the law" The Apex Court convicts and sentences a Minister and a Secretary for Contempt of Court as they flouted Supreme Court's orders

CHAPTER 20

Human Rights and Democracy

1. Democratic Theory

2. Parliamentary system of democracy

3. Democratic Government

4. Parliamentary democracy and sovereignty

5. Executive action of Government

6. Election—Concept of

7. Democracy and elections

8. Election to local bodies—Reservation of seat for backward community

9. Right to elect—A statutory right

10. Election Commission—Role and powers of

11. Election Commission and Election Authorities—Governed by the Representation of the Peoples Act

12. Election Schedule

13. Delimitation of constituencies—Postponement of elections

14. Power of Election Commission to issue Election Symbols Order

15. Candidate when deemed to be set up by political party—Mechanism for ascertaining

16. Right of political party for reservation of symbol exclusively for it

17. Right to contest election to local bodies on a particular specified symbol

18. Qualifications for election to Municipal Council

19. Prohibition of independent candidate from joining any political party after his election—Not discriminatory

20. Right to know is a basic right

21. Right of voters to know and Supreme Court’s directions to Election Commission

22. Challenge to elections

23. Limitation for filing election petition

24. Election disqualification—Suspension of sentence and conviction against candidate seeking to contest election

25. Election disqualification—Fixing different periods of conviction and imprisonment for determining

26. Disqualification for election on grounds of bigamy

27. Disqualification to contest election—Ground of subsistence of contract with appropriate Government on date of filing of nomination and declaration of results

28. Municipality elections—Disqualifications

29. Disqualification for membership of Municipality

30. Right to contest election—Whether fundamental

31. Panchayat elections—Challenge to rejection of nomination paper

32. Disqualification for being member of Legislative Assembly—Ground of holding office of profit

33. Election petition—Material facts

34. Election disputes—Writ jurisdiction

35. Reservation of constituencies—Purpose of

36. Social justice—Arch to ensure life to be meaningful

37. Principles of social justice—When cannot be invoked

38. Restrictions upon the exercise of the right of liberty—Extent of

39. Theory and practice of two houses; Domicile in the State concerned no more needed

40. The Representation of Peoples (Amendment) Act No. 40 of 2003—Voting through open—Ballot in Council of States valid

41. Challenge to HCS notification appointing a Special Judge for trying former Chief Minister through a P.I.L., not permissible (Majority view)

42. Author’s submissions

CHAPTER 21

Human Rights and Right to Freedom of Speech
and Expression

1. Right of free speech

2. Court is the custodian of rights of citizens

3. Suspension of Fundamental rights

4. New judicial approach in administration of justice

5. Right of freedom of expression

6. Exhibition of films on Doordarshan

7. Right to express views and sentiments

8. Freedom of speech under Article 19 (1) of the Constitution—Scope of

9. Freedom of assembly

10. Movies as a means of communication

11. Tax on entertainment—Power of State Government to levy tax on cable television

12. Freedom of propagation of ideas and views

13. Restrictions on freedom of expression

14. Prohibitory order to maintain communal harmony

15. Protection to literary activities

CHAPTER 22

Right to Information

1. Right to information—A fundamental right

2. Right to seek and receive information

3. Right to information with reference to elections

4. Courts as sentinel to protect fundamental rights

5. Right to information—Public interest vis a vis national and public security

6. Right to information about war

7. Right to information—Kargil infiltration

8. Restrictions on disclosure of information under the Atomic Energy Act, 1962

CHAPTER 23

Human Rights and the Media

1. Social justice and enforcement of laws

2. Press to cater to the communication needs of the society

3. Press in the role of a social scientist

4. Freedom of communication

5. Importance and responsibility of the press

6. Curtailment of the freedom of the press

7. Law reports—Whether a newspaper

8. Media reports and public advocacy

9. Right of propagation of views and ideas

10. Right to publish and circulate with complete freedom

11. Right to publish speech—Denial is violative of Article 19 (1) (a)

12. Freedom of Press

13. Freedom of Press—Trial by media

14. Control over newspapers by restricting advertisements

15. Importance of P.I.L. to control administrative actions

16. Legal literacy—A pre-condition to maintain rule of law

17. Justice achieved through Newspaper

18. Publication of illegal and false matter—Effect on Newspaper

19. Imposition of restrictions in interest of Public Order

20. Taking photographs of Court proceedings

21. Pre-censorship and restriction on Liberty of Press

22. Empanelment of Producers of Audio/Video Films/Sports—Eligibility criteria

23. Pre-censorship of films

24. Fitness of the film for certification

25. Restrictions in Cinematograph Act for screening of films

26. Restriction of publishing views in Newspaper

27. Investigative Reporting

28. Restriction may be put on Right of Association

29. Restriction on Right of Freedom of Speech—Impact on Newspapers

30. Levy of tax on newsprint

CHAPTER 24

Human Rights and Education

EDUCATION AS FUNDAMENTAL RIGHT

1. Directive Principles of State Policy and Fundamental Rights

2. Restrictions placed on Fundamental Rights to secure Directive Principles—Would be reasonable subject to certain limitation

3. Right to education—Implicit in right to life

4. Establishment of University—To provide consultancy, to establish examination centres, to institute degrees, diplomas, certificates, etc.—Not contemplated under the constitutional scheme

5. Right of child to education—Making primary education compulsory

6. Academic standards—Prescription of

7. Academic matters—Prescription of courses of study

8. Irregularities in admission

9. Admission to Super Speciality Course—Denial of admission

10. Falling educational standards and control of examination and results

11. Denial of permission to appear in examination

12. Malpractice by student in the examination—Enquiry against

13. Cancellation of examination results on ground of mass copying

14. Withholding of publication of examination results on ground of illegal admissions

15. Cancellation of examination results—Malpractice by student

16. Discrimination between private and Governmental institutions

17. Autonomy as regards determination of fee structure in private unaided professional colleges

18. Affiliation to schools

19. Right to Free Education is not an absolute right

20. Education and Reservation

21. Role of teachers

22. Pay of Teacher of Private Institution

23. Rights of management to appoint qualified persons

24. Erection of advertisement hoardings inside school premises—Deleterious effect on mental well-being of children

25. Right of institution for affiliation and imposing of conditions

26. Education—Granting interim relief by interim orders—Propriety of

27. School—Direction for shifting

28. Education—Whether ‘Service’ under the Consumer Protection Act

29. Education as a trade/occupation

30. Award of compensation/damages in public law action

RIGHT TO LINGUISTIC MINORITIES

31. Minority—Constitutional concept

32. Minority community—Identification of—To be on State basis

33. Additions to list of minorities—Conceding to claims by different sections of society—Would be sowing seeds of multinationalism in India

34. Right guaranteed to religious and linguistic minorities by Article 30 (1) and regulatory measures

35. Obligation of Courts to protect the rights of minorities

MINORITY INSTITUTIONS

36. Minority educational institution—Right conferred by Article 30

37. Minority Institution—Right to appoint teachers

38. Establishment of minority educational institutions

39. Welfare Scheme of State—Implementation of mid-day meal to children in minority institutions

40. Identification of minority educational institutions

41. Minority educational institution—Aid or recognition—Grant of

42. Minority institution—Admission policy

43. Fee structure—Capitation fee

44. Commercialisation of education—Charging of capitation fee by unaided minority educational institutions

45. Acquisition of property of Minority institution

HIGHER EDUCATION

46. No fundamental right to claim higher education

47. Residence requirements for admission in medical colleges

48. Region-wise classification for admission to Medical Colleges

49. Right of the students for admission in medical colleges

50. Lowering of minimum qualifying marks at the post-graduate level of medical education

51. Upgradation of existing Advance Diploma Course to B. Tech Course

52. Post Graduate students—Claim for stipend

LEGAL EDUCATION

53. Legal education and free legal aid

DISCIPLINE IN EDUCATIONAL INSTITUTIONS

54. Role of Headmaster to maintain discipline

55. Stay in hostel after closure of University not proper

56. Allegation of use of unfair means in examination

POLITICAL INTERVENTION IN EDUCATIONAL
INSTITUTIONS

57. Political intervention in educational institutions

58. Extra-curricular activities—An integral part of education

59. Political activities within the college campus

60. Students’ Union—Election of

61. Election of class representative in College

62. Right of teacher to vote and contest election

CHAPTER 25

Human Rights and Freedom of Religion

SECULARISM AND FREEDOM OF RELIGION

1. Secularism—A basic feature of the Constitution

2. Sources of concept of secularism

3. Secularism—Acquisition of Ram Janam Bhoomi/Babri Masjid—Not unsecular

4. Definition of Religion

5. Right to freedom of religion—Necessary component of the Constitution

6. Right to cure ailments through religious practices including "faith healing"—Cannot be claimed as fundamental right

7. States have leeway in regulation of religion

8. Management of temple—Is a secular act—Can be controlled by State

9. Essential practice of religion

10. Tolerance in practise of religion—Necessary for unity of the country

11. Right to worship

12. Freedom to manage religious affairs—Scope

13. Religious instructions

14. Study of religious philosophy and culture in educational institutions

15. Imparting of education and religions in educational institutions

16. Religious freedom—Use of loudspeakers

17. Singing of National Anthem vis a vis Fundamental Right

18. Religious opinion—Interference of Government

19. Secular nature of the Indian Constitution

20. Discrimination on ground of religion

21. Right of propagation of Religion

22. Right to superstitions—Protection under Article 26 (c) and (d)

23. Religion and marriage

RELIGIOUS DENOMINATIONS

24. Conditions to be satisfied by religious denomination

25. Administration of property by a religious denomination

26. Religion—‘Hinduism’—How different from ‘Jainism’

27. Ananda Marga—A religious denomination

28. Tandava dance by Ananda Margis in public streets—Whether a fundamental right

29. Ayodhya and communalism issues

30. Imposition of assessment on land held by a religious denomina-tional institution

31. Acquisition of land for samadhi for development purposes

32. Acquisition of religious place—Criteria for

33. Right of State to acquire property of religious denomination

34. Immunity from acquisition to a place of religious worship

35. Right to bury dead bodies

36. Shifting of grave—Directions of Court

37. Growing beard—Not an essential part of Islamic religion

CHAPTER 26

Human Rights and Inter-Caste and
Inter-Religion Marriages

1. Caste of a woman on marriage

2. Reservation—Effect of marriage/adoption

3. Reservation of seat for member of Scheduled Tribe

4. Right to marry

5. AIDS and duty of confidentiality

CHAPTER 27

Right of Cohabitation

1. Right to love and marry

2. Cohabitation—What is ?

3. Shift in tradition of marriage and fidelity

4. Right of Cohabitation

5. Cohabitation and criminal law

6. Cohabitation—Legal and personal problems

7. Cohabitation—As an alternative to marriage

8. Cohabitation and Hindu Law

9. Cohabitation and contract

10. Cohabitation—Increase of pregnancy and illegitimate births

CHAPTER 28

Right to Health and Medical Care

RIGHT TO HEALTH AND MEDICAL CARE

1. Right to life and jurisprudence of personhood

2. Provision of medical services and discharge of constitutional obligation

3. Access to medical treatment

4. Public health—Exploitation of patients

5. Professional obligations to save life and legal impediments

6. Health Insurance of workmen—A fundamental right

7. Medical treatment abroad

8. Manufacture of drugs and formulations injurious to health

Duties of doctor

9. Duties of doctor and discretion in choosing treatment

Negligence and malpractice

10. Negligence of doctor

11. Test of medical negligence

12. Error of judgment of doctor is not negligence

13. Compensation to consumer for injury suffered

14. American medical malpractice litigations

IMMUNITY OF DOCTOR

15. Immunity to medical practitioner for negligence

PATIENT AS CONSUMER

16. Patient is consumer when service hired for consideration

17. Beneficiary of service paid for, is a consumer

18. When complainant not a consumer

19. Complainant not a consumer in case of free medical treatment

20. Legal representative of deceased is a consumer

21. Locus standi of legal representative

COMPENSATION FOR DEFICIENCY IN SERVICE

22. Courts have an obligation to grant relief

23. Ampoule of injection—Not fit for human consumption—Complainant entitled to compensation

24. Compensation for negligence causing physical pain and mental anguish

25. Contaminated syrup—Compensation to complainant

26. Actionable negligence in prescribing wrong medicine

27. Default in supply by attendant—Liability for compensation

28. Sterilisation operation—Compensation upon failure of

29. Family planning programme—Decrees passed on failure of sterilization operations—Need for devising a welfare fund or insurance scheme

30. Performance of second operation without consent of complainant

31. By-pass surgery—Deficiency of service

32. Question of delay or negligence by doctor

33. Failure to prove negligence by doctor—Complaint dismissed

34. Operation—Negligence to be established

CHAPTER 29

Right to Smoke

1. General

2. Does one have the Fundamental Right to Smoke ?

3. Smoking—Its implications

4. Smoking—General effects of

5. Smoking and Pulmonary Diseases

6. Smoking—Effects on pregnant women

7. Smoking—Other health consequences

8. Passive Smoking (Environmental Smoke Exposure)

9. Court’s intervention to prevent public nuisance of smoking

10. Smoking in public places—Illegal and unconstitutional

11. Imposition of ban on sale of Bidi/Cigarettes on trains and plat-forms

CHAPTER 30

Rights of Persons suffering from AIDS

1. Introductory

2. AIDS—What is ?

3. AIDS—Causes of

4. Social reaction towards AIDS infected persons

5. Ethical issues emerging from AIDS

6. Protection of confidentiality of AIDS victim

7. Compelling a person to take HIV test

8. Right to dignity of AIDS person

9. Right to privacy

10. Conflict of individual rights and public rights

11. Isolation of AIDS infected persons—Constitutional validity

12. Denial of employment to AIDS infected persons

13. Right to marry

CHAPTER 31

Right to Profession and Trade

RIGHT TO PROFESSION, TRADE AND BUSINESS

1. Right to livelihood—A part of right to life

2. Freedom and right of profession

3. Rights can be claimed against State only

4. Reasonableness of restrictions

5. Taxation and restriction to trade

6. Restriction and prohibition

7. Municipality membership—Restrictions

8. Practising medicine without necessary certification or qualification

9. Right to carry on business inherently pernicious and dangerous to the society

10. Prohibition on slaughter of cows and calves—Expression "other milch and draught cattles"—Does not limit prohibition to period they remain functional— Expression has been used to describe a species and not with regard to age

11. Prohibition on slaughter of cow and her progeny—Does not amount to total ban on activity of Butchers—It is only a restriction on trade of Butchers

12. Trade creating pollution not allowed

13. Sale of food items in tetra packets and poly bags inside the zoo

14. Prohibition on sale of eggs within Municipal limits—Not an unreasonable restriction on right to trade

15. General insurance business

16. Non-renewal of licence of Rickshaw pullers

17. Acquisition of monopoly to trade by the State

RIGHTS OF HAWKERS

18. Right to carry on trade on street pavements

19. Right to hawk or squat

20. Right of hawker for street trading

21. Right to carry on business by squatting on pavements of public streets

22. Hawking may be prohibited near hospitals

23. Hardship of hawker if prevented from carrying on business

24. Rehabilitation of evicted hawkers—Formation of Policy

TOURISM AND HOTEL INDUSTRY

25. Rules, guidelines and Regulation framed by the Government for the tourism industry—Whether violative of the right to carry on such business

26. Running of Restaurant—Whether prevention thereof is an infringement

UNAUTHORISED AND ILLEGAL CONSTRUCTIONS
ON ROADS

27. Limitation by Municipality

28. Preservation of public property

29. Unauthorised construction on public roads

30. Validity of constructions on pavements or roads

CHAPTER 32

Human Rights and Consumerism

1. Protection of consumer from exploitation

2. Aim of the Consumer Protection Act—Protection from exploitation

3. Role of voluntary organisations to educate consumers

4. Employees Provident Fund Scheme—Whether a ‘service’ under the Consumer Protection Act

5. Legal practitioners—Whether render ‘service’ under the Consumer Protection Act

6. Claim for continuous supply of electricity

7. Deficiency of service of supply of electricity

8. Levy of peak hour charges

9. Interest on refundable security

10. Compensation—Object of

11. Quantification of damages—Relevant factors

12. Safety of passenger in the railways

13. Medical treatment in private hospital

14. Deficiency in service—Medical negligence

15. Deficiency in service—Non-admission of patient on account of non-availability of bed

16. CAT Scan and free treatment

17. Leakage of underground water pipeline

18. Harassment and mental agony—Compensation for

19. Inconvenience and hardship—Compensation for

20. Loss of consignment—Compensation for

21. Mental pain and agony—Compensation for

22. Non-declaration of examination result—Compensation for

23. Deficiency of service—Non-delivery of car to purchaser despite the payment of money

24. Deficiency of service—Denial of boarding passes by airline to passengers with confirmed tickets

25. Refund of sale price

26. Deficiency of service—Theft of jewellery from Bank locker

27. Wrong disconnection of telephone

28. No entitlement for double accident benefit

29. Supply of drinking water in containers

30. Motor accident claim based on insurance policy—Claim for reimbursement—Can be adjudicated upon by Consumer Forum

31. Misrepresentation—Unfair trade practice

CHAPTER 33

Right to Advertise

1. General

2. Prohibition of advertisement—Test of reasonableness

3. ‘Compelled speech’ or ‘must carry provisions’ in advertisements

CHAPTER 34

Human Rights and Right to Move Freely

1. Right to move about freely.

2. Surveillance of persons.

3. Right to use of public roads for locomotion.

4. Regulation of traffic—Powers of Commissioner of Police to ‘regulate’.

5. Bundh—Meaning of.

6. "Bundh"—Entails restriction of free movement.

7. Bundh—Results in stoppage of transport system.

8. "Bundh"—No locomotion possible.

9. Calling of bundh by political party is a fundamental right.

10. Damage to public property during hartal—Recovery of compensation.

11. Exercise of freedom to form unions.

12. Right to travel abroad.

CHAPTER 35

Right to Passport and Travel Abroad

RIGHT TO PASSPORT

1. Passport—What is ?

2. Passport—Importance of.

3. Refusal to issue passport.

RIGHT TO TRAVEL ABROAD

4. Right to travel abroad.

5. Right to travel abroad—Impounding of passport.

6. Impounding of passport—Failure to appear before Court in pending criminal proceedings

CHAPTER 36

Right to Shelter

1. Right to Shelter—A Fundamental Right

2. Need for National Housing Policy

3. Shelter—National Rent Tribunal

4. Right to encroach

5. Removal of encroachment of pavement dwellers by Municipality—Principles of natural justice to be followed

6. Eviction of hutment dwellers from lands belonging to Port Trust

7. Right to shelter—Statutory tenancies

8. Problem of Slums

CHAPTER 37

Right to Privacy

1. Right to privacy—A basic right

2. Right to privacy in India

3. Right to privacy in Public Law

4. Right of Privacy—Scope of

5. Right to privacy—Not an absolute right

6. Police surveillance

7. Right to privacy vis-a-vis Freedom of Press

8. Right of privacy and doctor-patient relationship

9. Right of privacy—Sexual autonomy of women

10. Right to privacy—Use of contraceptives

11. Right to privacy vis a vis right of procreation

12. Right to privacy—Whether violated when parties directed to undergo medical test in suit for dissolution of marriage on grounds of non-consummation of marriage

13. Telephone tapping—Serious invasion to right of privacy

CHAPTER 38

Public Wrongs and Public Interest Litigation

1. Public policy

2. Public policy—Remedy of writ

3. Court’s interference in administrative matters

4. Judicial review and appeal—Difference between

5. Public wrong—Remedy of

6. Maintenance of secrecy

7. Public Interest Litigation—Meaning of

8. Public Interest Litigation—Evolution of

9. Public Interest Litigation—Principles of

10. Public Interest Litigation—Extent of jurisdiction

11. Public Interest Litigation—Conditions for maintainability

12. Public Interest Litigation—Locus standi of petitioner

13. Public Interest Litigation—Withdrawal of

14. Public Interest Litigation—Persons not authorised to use siren or red light on cars using them

15. Public Interest Litigation—Regulation of traffic due to general movement of VIPs

16. Public Interest Litigation—Use of sports stadium for conducting farmers’ conference

17. Public Interest Litigation—Property earmarked for park leased out for construction of temple

18. Public Interest Litigation—Management of temples

19. Public Interest Litigation—Burial of dead bodies in land reserved for public utility

20. Public Interest Litigation—Grant of national award for teachers

21. Public Interest Litigation—Allotment of land to school

22. National Anthem—Deletion of word ‘Sindh’ therefrom

23. Public Interest Litigation—Service matters

24. Freedom fighters—Pensionary benefit

CHAPTER 39

Human Rights and Citizenship

1. Citizen—Meaning of

2. Citizenship—Concept of

3. Foreign Company—Right of Citizenship under Article 19 of the Constitution

4. Nationality and Citizenship

5. Minor—Citizenship of

6. Persons subject to Army Act—Citizenship of

7. Domicile—Definition of

8. Nationality—Citizenship—Domicile

9. Citizenship/Domicile—Burden of Proof

10. Domicil—Principles for determination of

11. Domicile and Residence

12. Domicile of a child

13. 'Place of birth' and 'domicile'—Different concepts

14. Indian citizenship—Animus manendi essential

15. Determination of citizenship—Forum for

16. Freedom only for citizens

17. Foreigner refused citizenship—Writ not maintainable

18. Citizen of India voluntarily acquiring citizenship of Foreign Country—Order to quit India

CHAPTER 40

Human Rights of Foreigners

1. General

2. Fundamental rights when available to a foreigner

3. Equality in the treatment of foreigners

4. Commonwealth Citizenship—Status of.

5. Regulation of Movement of Foreigners in Indian Territory—Every house holder is duty bound to inform police about arrival or stay of foreigners in his house

6. Power to expel foreigners

7. Personal liberty—Deprivation—Does not take place in case of identification and deportation of foreigner

8. Accused, a Pakistani national staying in India without any document—Deportation of

9. Extension of stay by foreigner—Order of deportation

10. Admission to foreign students—Rational policy to be framed

11. Preventive detention of foreign national

12. Foreign national involved in criminal conspiracy

CHAPTER 41

Human Rights of Refugees

1. Historical tradition of India

2. Recognition of refugees

3. Reception and residence of alien—Discretionary with the State

4. Refugee—Interpretation of

5. Right to enjoy asylum

6. Refugees from Bangladesh—Acquisition of Citizenship

7. Protection of Refugees

8. Right of refugees to return to their country

9. Implementation of International Humanitarian Treaties and Conventions in India

10. Principle of non-refoulment

11. Principles for enforcement of Humanitarian Law

CHAPTER 42

Rights of Defence Personnel

1. Fundamental rights—Not extended to Armed Forces

2. Necessity of restriction of Fundamental rights of members of Armed Forces

3. Provision of free legal service to officer facing trial before the Court Martial

4. Civilians employed by Armed Forces

5. Freedom of Association—Restriction for Armed Forces

6. Competency of State Legislature to enact

7. Induction into Armed Forces and religious belief against war

8. Freedom of Association—Restriction on P.A.C. and the P.A.C. Revolt case

CHAPTER 43

Human Rights and Communal Riots

1. General

2. Demolition of Babri Masjid and communal riots

3. Non-recovery of dead body or weapon of offence is not fatal

4. Compensation for losses in communal riots

CHAPTER 44

Human Rights in the Terrorised Areas

1. Terrorist act—Connotation of

2. Terrorism—Global menace of

3. Declaration of "disturbed area" and powers under the Armed Forces (Special Powers) Act, 1958

4. Armed Forces only to assist Civil Power of the State

5. Disturbed area—Scope to examine—Justiciability

6. Preventive detention to maintain internal security

7. Safeguards in use of Preventive Detention

8. Information about terrorist act to police—Any person can be compelled to give information

9. Martial law and suspension of Habeas corpus

10. Lack of evidence—Conviction illegal

11. Conviction by Designated Court on unreliable evidence—Liable to be set aside

12. Court’s power to close prosecution evidence

13. Confessional statement under Section 15 of TADA Act—Admissibility of, in a different case

14. Enhancement of sentence by Supreme Court—Legality of

15. Inference of conscious possession and knowledge about weapon and explosive

16. Recovery on the basis of disclosure statement

17. Necessity of sanction for other penal offences with TADA

18. Mens rea—An essential ingredient

19. Compensation for illegal detention

CHAPTER 45

Rights in Emergency

1. Proclamation of Emergency in England

2. Proclamation of Emergency in India

3. Suspension of Fundamental Rights

4. Emergency—Effect on the right under Article 32

5. Fundamental Rights—Where cannot be suspended

6. Suspension of Fundamental Rights during Emergency—44th Amendment of the Constitution—Effect of

7. Suspension of Fundamental Rights vis a vis suspension of their enforcement

8. Whether Presidential Order has to comply with Article 14

9. Duration of Emergency—Not justiciable

CHAPTER 46

Property and Easement Rights

PROPERTY RIGHTS

1. ‘Property’—Meaning of

2. Right to Property in England

3. "Property" in Constitution of India as originally enacted

4. Right to Property after the 44th Amendment

5. Right to Property—Now a Constitutional Right

6. Property—Right to use and enjoy

7. Building Regulations—Object is to regulate construction activities

8. Deprivation of property—Land acquisition by Government

9. Acquisition of right of user in land

10. Agrarian reform—Concept of

11. Deprivation of right of property without acquisition

12. Acquisition—Violation of

13. Acquisition of land—Public purpose

14. Land Acquisition—Compensation—Determination of Market value

15. Locus standi—Acquisition of land

16. Interest for non-payment of land acquisition compensation

17. Exemplary costs for non-payment of land acquisition compensation

18. Right of possession and actual possession—Distinction between

19. Assignment of land

20. Acquisition of assigned land—Compensation

21. Assigned land—Prohibition on transfers and alienation

22. Resumption of land

23. Provisions for seizure and confiscation under the Forest Act

24. Unlawful possession of property

25. Proceedings under Section 145, Cr. P.C. not to be used for settling issue of partition

26. Public nuisance and private nuisance

27. Remedies against nuisance

28. Public way—Encroachment on

29. Removal of blockage/obstruction on public road

30. Criminal trespass and causing damage to property

31. Power to alienate properties

32. Right to abandon the right conferred by law

33. Transfer of immovable property by Schedule Tribes

34. Transfer of minor’s property by legal guardian

35. Perspective right—Claim of

36. Renewal of lease—Right to

37. Grave-yards—Kinds of

38. Grave-yard—Presumption of

39. Customary Right over Burial ground

40. Infringement of right to form society

EASEMENT RIGHTS

41. Difference between licence and interest

42. Customary Rights and Public Rights—Distinction between

43. Easement and natural rights

44. Ownership and easement rights

45. Easement by prescription cannot be claimed in absence of necessary proof

46. Hostile claim on property and prescriptive acquisition

47. Prescriptive easement and easement by grant

48. Dispute concerning easementary rights

49. Easementary rights of fishing vis a vis public purpose

50. Easement or otherwise

51. Right of neighbour as natural right

52. Threat to lateral support

53. Injury of deprivation of right to be established

54. Quasi-easement rights

55. Right for beneficial enjoyment by owner

56. Permissive possession for beneficial enjoyment

57. Right of easement dependent upon owner’s permission

58. Right of way claimed by public

59. Right of way in uninterrupted use for 20 years

60. Right of way—Encroachment not justified

CHAPTER 47

Intellectual Property Rights

1. Intellectual property—Explained

2. Types of Intellectual Property

3. Intellectual Property right—A negative right

4. Rule of lex situs—Application of

5. Municipal law and International law—Variance in

6. Invention of new product—Explained

7. Legal monopoly of patent holder

8. Copyright—Protection of

9. Similarity of design—Infringement of Designs Act

10. Internet domain names—Entitled to protection as a trade mark

11. Bio-piracy and limitations of I.P.R

CHAPTER 48

Human Rights and Advocates

1. Legal profession—Its social dimensions

2. Right of Advocate to practise but no right to chamber

3. Right of advocate—Subject to restrictions

4. Enrolment of Priests or Nuns as advocates—Eligibility

5. Lawyers cannot solicit brief in any manner

6. Right of advocates to practise—Explained

7. Bar Council of India Rules, 1975, Rule 39—Enforceability of—Hearing of advocate

8. Advocates to maintain decorum of Courts

9. Contempt of Court by Advocates

10. Debarring Advocate from practising on committing contempt of Court

11. Right to practise as Mukhtar—Necessary requirements

12. Appointment of Public Prosecutors and renewal of their terms

13. Social obligations of members of the legal profession

14. Professional misconduct by Advocates—Citing overruled cases

15. Lien of Advocate over litigation files for his unpaid fees

16. Advocate as a litigant

17. Use of force or violence against members of the legal profession

18. Strike by lawyers

19. Professional misconduct

20. Representation of detenu through legal practitioner

21. Seating arrangements in Court-rooms

22. Right of litigant for seating accommodation

CHAPTER 49

Human Rights and Role of Police

1. Role of Police in democratic set up

2. Functioning of Police and Human Rights

3. External Pressures and Police Force

4. Injustice due to Latrogenic Police Process

5. Investigation by Police

6. Actions of police officers not to be approached with initial distrust

7. Police association—Restriction of rights

CHAPTER 50

Human Rights and Judiciary

1. Judiciary—The Guardian of the rule of law and temple of justice

2. Deep-rooted faith in impartiality of Judges

3. Function of a Judge

4. Judicial system—Conditions for efficient working

5. Judicial activism

6. Judicial hierarchy—Relationship between Supreme Court and High Courts

7. Functions of the Court

8. Powers of High Court under Article 226/227

9. Powers of High Court to do justice

10. Law of one State contrasting with Law of another State cannot be struck down

11. Judicial restraint

12. Rule of stare decisis

13. Precedents

14. Review of judgment

15. Judicial review

16. Restitution—Meaning and scope

17. Power of recalling orders

18. Principles of natural justice

19. Appellate Court not required to hear judicial functionary where orders are questioned—Natural Justice

20. Necessity of giving a reasoned order

21. Reasonableness of State action

22. Doctrine of legitimate expectation

23. Doctrines of promissory estoppel and legitimate expectation

24. Policy decision

25. Policy decision—Cannot be assailed on ground of mere denial of legitimate expectation

26. Necessity of giving reasons

27. Appointment of Judges—Not an executive act

28. Appointment of Judges of High Courts—Procedure

29. Appointment of Acting Chief Justice—Need for consultation

30. Acting Chief Justice—Entitlement to higher ceiling of pension

31. Woman as a Judge

32. Judicial Officers—Duties and expectations from

33. Judicial Officers—Should not indulge in fanciful litigations

34. Adequacy of strength of Judges

35. Transfer of case—Necessity of

36. Transfer of case—Requirements of

37. Transfer of case to another State—Considerations

38. Fair criticism of the Court

39. Imputation of bias of Judge

40. Making of disparaging remarks against lower Court—Expunction of

41. Right to scandalise the Judiciary

42. Contempt of Court

43. Contempt by Police Officer—Guidelines for proper sentence

44. Transfer policy of Judges

45. Compulsory retirement of Judges

46. Principles governing compulsory retirement

47. Post-retirement appointment of Judges

48. Appointment on Inquiry Commission of a retired Judge

49. Reference to three-Judge Bench

50. Judicial discipline

51. Interference of Court in writ jurisdiction

52. Interference by Apex Court under Articles 32 and 142 in Commissions of Enquiry Act, 1952, Section 8-B

53. Liberty of citizens

54. Adverse comments in judgments against persons who were not before the Court

55. Hearing of appeal—Powers of Appellate Court

56. Plight of a child to appear as witness

57. Witness—Permission to sit in Court proceedings

58. Protection of witnesses

59. Writ petition for compensation

CHAPTER 51

Human Rights and Role of Criminal Courts

1. Primary aims of Criminal Justice System

2. Objects of Criminal trial

3. Humanisation of Criminal Justice Administration

4. Administration of justice vis-a-vis fair trial

5. Cardinal principle in administration of criminal justice

6. Necessity of establishing corpus delicti

7. Apprehension of fair investigation

8. Pendency of cases in Criminal Courts—Reasons for

9. Judicial crusadism

10. Delay in trial of criminal cases—Remedial measures

11. Steps to control victimisation of women

12. Investigation of crimes against women

13. Stay of criminal case pending civil case

14. High Court’s jurisdiction to direct impleadment of a person as accused

15. Victim and the Criminal Justice System

16. Award of compensation by Criminal Courts

CHAPTER 52

Human Rights and Personal Liberty

1. Constitutional philosophy of personal liberty

2. Personal liberty and democracy

3. Right to life with dignity

4. Freedom of people and security of State

5. Protection of personal liberty under Article 21

6. Remedy under Article 21 available to non-citizens also

7. Provisions for safeguarding fundamental rights

8. Protection of the individual from oppression and abuse by the law enforcing officers

9. Personal liberty and preventive detention

10. Compelling a person to submit himself to blood test—Interference with right of personal liberty

11. Delay in registration of FIR—Compensation for

12. Illegal incarceration and compensation

13. Liability of Government for tortious act

14. Claim of compensation in Public law and Private law

15. Family pension and compensation—Award of

16. Insufficient proof of illegal detention—Not entitled for compensation

17. Accused involved in a number of cases—Deprivation of personal liberty

CHAPTER 53

Right to Silence

1. Protection against self-incrimination

2. Concept of inviolable right of silence in India

3. Right of silence in the English system

4. Right to remain silent during interrogation

5. Freedom of speech implies right to remain silent

6. Protection against testimonial compulsion under Article 20 (3)

7. Accusation of offence—Essential condition for application of Article 20 (3)

8. "Person accused of an offence"—Meaning of

9. Accused making statement voluntarily while in police custody

10. Incriminatory and compelled testimony—Difference between

CHAPTER 54

Right to Legal Aid

1. Access to justice

2. Right to legal aid

3. The right of choice of lawyer for legal defence

4. Accused to be informed of his right for free legal aid

5. Banning prescriptions for free legal aid to prisoners

6. Payment of fees to a lawyer for free legal service

7. Right to standard legal education

8. Balancing of right to legal aid with social justice

CHAPTER 55

Right to Speedy Trial

1. Purpose of Criminal Justice

2. Fundamental right of speedy trial

3. Justice delayed is justice denied

4. Delay in speedy trial causes mental anguish

5. Inordinate delay in trial—Violative Article of 21 of the Constitution

6. Suspended animation without cause for a long period—Effect of

7. Delay in trial—Entitlement of accused to bail

8. Delay in trial of undertrial prisoners

9. Delay in trial of corruption cases

10. Delay in trial and mounting arrears of cases

11. Delay in trial due to lawyers’ strike

12. Delay in execution of death sentence

13. Judicial compassion and compensation for mental agony

CHAPTER 56

Handcuffing

1. "Handcuffing"—Meaning of

2. Minimum freedom of movement cannot be denied

3. To fetter prisoners in iron is inhuman

4. Guidelines for use of handcuffs by Police

5. Handcuffing of prisoners—Approval of Court to be obtained

6. Handcuffing between prison and Court—Necessity of judicial approval

7. Handcuffing of social worker—Violative of Article 21 of the Constitution

8. Handcuffing of Chief Judicial Magistrate

9. Handcuffing of under-trials

10. Compensation to victim for handcuffing

CHAPTER 57

Arrest and Detention

1. Arrest—Meaning of

2. Purpose and intent of preventive detention

3. Preventive detention—Serious invasion of personal liberty

4. Preventive detention—Order quashing detention reversed—Whether detenue to serve remainder period

5. Constitutional safeguards against unfair arrest

6. Arrest on credible information

7. Prompt investigation after arrest

8. Arrest by Head Constable

9. Arrest on requisition from another police station—Identity and reason to be disclosed

10. Arrest—Validity of

11. Arrest by police officer without warrant

12. Credible information—Connotation of

13. Arrest of deserter from the armed forces

14. Person involved in crime liable for arrest anywhere in India

15. Arrest of person only for cognizable offence

16. Person in possession of house-breaking implement

17. Police Officer—Who is?—

18. Proclaimed offender—Arrest of

19. Reasonable complaint—Action on

20. Reasonable suspicion necessary for arrest

21. Inherent right of arrested person

22. Validity of arrest without warrant

23. Procedure of arrest by the police officer

24. Difference between Section 54 (41 new) and Section 56 (55 new), Cr. P.C

25. Apprehension

26. Police officer authorised to arrest a person without warrant

27. Arrest and preventive detention

28. Detention in jail of arrested person

29. Unlawful arrest

30. Sections 56 and 57, Cr. P.C.—Object of

31. Pre-trial custody

32. Delay in investigation

33. History-sheets and Surveillance Register

34. Arrest can be made by authorised officer, though not a police officer

35. Power of Civil SDO for detention

36. Inhibition of sending a child to jail

37. Preventive detention and imprisonment—Difference between

38. Interference by Court at pre-execution stage of the order of preventive detention

39. Detention order—Satisfaction of detaining authority

40. Right of detenu to make representation

41. Successive representations by detenu

42. Preventive detention—Delay in forwarding representation

43. Exercise of power by Government to revoke detention order on representation made by detenu

44. Preventive detention—Challenge to

45. Observance of Section 50, Cr. P.C.—Mandatory—

46. Monetary compensation and exemplary cost in mischievous arrest

47. Release of arrested person

48. Denial of benefit to juvenile offenders is an exception

CHAPTER 58

Search and Seizure

1. Necessity and usefulness of search during investigation

2. Issue of search warrant without preliminary inquiry—Legality of

3. Kinds of searches

4. General search or inspection

5. Compliance with Section 165, Cr. P.C.—Mandatory

6. Search warrant—Whether violative of Article 19 (1) (f) of the Constitution

7. Scope and object of Section 100, Cr. P.C.

8. Applicability of Section 100, Cr.. P.C. to searches under other Acts

9. Power to issue search-warrant under other Acts

10. Search under the N.D.P.S. Act

11. Conditions for issue of search-warrant

12. Order of a search-warrant—Application of mind

13. Recording of reasons—Necessity of

14. Recording of grounds of belief

15. Search in exigent circumstances

16. Search warrant—Irregularity in

17. Issue of search-warrant against an accused

18. Place used for deposit or sale of stolen property

19. Description of the property and place to be searched in the search warrant

20. To whom the search warrant can be issued

21. Conduct of search by superior officer

22. Search made outside the limits of police station—Requirements of

23. Necessity of presence of occupant during search

24. Necessity of presence of search witnesses

25. Independent and respectable witnesses—Meaning of

26. "Locality"—Meaning of

27. Presence of unauthorised persons during search

28. Refusal to attend search

29. Search of the searching party

30. Search without warrant

31. Inmate may refuse ingress if provisions of search are ignored

32. Resistance to illegal search

33. Resistance to search for a thing only

34. Obstruction to search officer executing search warrant

35. Searches at night

36. Control of the Magistrate over searches

37. Panchanama—Purpose of

38. Manner of preparation of search lists

39. Search list to be signed by witnesses

40. Copy of list of seized articles to be given to the occupant of the house

41. Panchanama—Signature of the accused

42. Non-supply of copy of panchnama to the accused—Effect on the trial

43. Sealing of seized property

44. Copies of record to be sent to Magistrate

45. Search—Oral evidence

46. Attendance of search witnesses in Court

47. Testimony of public servants

47. Effect of irregularities in search

48. Writ of mandamus for the return of seized articles

49. Section 100, Cr. P.C. and Section 27, Evidence Act are not analogous

50. Search of person—Manner of

51. Search in non-cognizable cases

52. Seizure of property during pendency before Court

53. Illegal search and seizure—Quashing of proceedings

CHAPTER 59

Bail and Remand

INTRODUCTION

1. Information of grounds of arrest and right to bail

2. No bail without arrest or appearance

3. Principles for bail

4. Reasons to be given in order granting bail

5. Grant of bail

BAIL BY POLICE

6. Bailable offence—Grant of bail

7. Can the police take bond for appearance before it ?

8. Right to bail in bailable offence not to be defeated by executive instructions

9. Bailable offence and non-bailable offence—Difference between

10. Offence initially bailable but subsequently turning out to be non-bailable

11. Bail granted by police—Magistrate cannot ask for fresh bail bond

BAIL BY MAGISTRATE

12. Object of Sections 167 and 309, Cr. P.C.

13. Applicability of Section 167, Cr. P.C.

14. Detention in police custody

15. Effect of detention in contravention of Section 167, Cr. P.C.

16. Limit of 15 days detention in police custody for single case

17. Grant of police custody after expiry of first fifteen days—Not permissible

18. Formal application for remand to police custody—Not necessary

19. Judicial function and proceedings

20. No order for detention in custody without evidence of guilt

21. No order for remand in absence of the accused

22. No remand to the custody of police

23. Police custody of an accused arrested after cognizance taken

24. Detention under Proviso (a) to Section 167 (2), Cr. P.C.

25. Procedure after police custody of 15 days

26. Period of investigation of a summons case

27. Period of limitation

28. Bail during detention before the expiry of period of 90/60 days

29. Period of 90/60 days—Computation of

30. Exclusion of public holiday

31. Temporary release for a few days—Exclusion of

32. Principles governing bail

33. Interim bail

34. Interim bail during pendency of bail application

35. Law regarding disposal of bail application

36. Power of Magistrate to grant bail—Limitations

37. Offences punishable with life imprisonment or for 10 years’ imprisonment

38. Conditions for bail under Section 436, Cr. P.C.

39. Formal application for remand by police

40. Bail under Proviso (a) to Section 167 (2), Cr. P.C.

41. Proviso (a) to Section 167 (2), Cr. P.C.—Mandatory

42. Rejection of bail application of co-accused

43. Bail on the basis of parity

44. Personal liberty and bail on same day

45. Right to get bail application expeditiously decided if possible on same day under Article 21 of the Constitution

46. Magistrate cannot postpone release to enable police to submit charge-sheet

47. Release on bail and further order of remand

48. Necessity of formal application by accused for bail

49. Detention not ipso facto illegal

50. Bail order on default

51. Prior illegal detention and right of bail

52. Right of compulsive bail—Relevant date in consideration for

53. Disposal of bail application on date of surrender

54. Cancellation of bail granted under Proviso (a) to Section 167 (2), Cr. P.C.

BAIL BY SESSIONS JUDGE

55. Grant of bail during investigation—Powers of Sessions Judge

56. Serious offences—Grant of bail is discretionary

57. Simultaneous bail application before Sessions Judge and the High Court

58. Bail refused by High Court—No power of Sessions Judge to grant bail on same facts

59. Power of Additional Sessions Judge or Assistant Sessions Judge to grant bail under Section 439, Cr. P.C.

60. Bail of under-trial prisoners—Grant of

61. Accused charged with gruesome murder—Bail not to be granted

62. Transfer of case by Sessions Judge to Additional Sessions Judge for trial—Power of Sessions Judge to grant bail

63. Cancellation of bail—Powers

BAIL BY HIGH COURT

64. Inherent power of High Court to grant bail

65. Extent of power of High Court to grant bail

66. Concurrent jurisdiction of Sessions Court and High Court—Whether Sessions Court to be moved first ?

67. Simultaneous bail application before the Sessions Judge and High Court

68. Delay in trial—Grant of bail by High Court

69. Successive bail applications

70. Withdrawal of bail petition filed in High Court—Effect of

71. Bail application rejected by High Court—Power of Additional Sessions Judge to grant bail on subsequent bail application on same facts

72. Bail by Appellate Court during pendency of appeal—Factors to be considered

73. Revisional power of High Court and bail

74. Improper cancellation of bail by Sessions Judge—Interference of High Court

75. Cancellation of bail by High Court granted under Section 389 (1), Cr. P.C.

BAIL BY SUPREME COURT

76. Power of Supreme Court to revise order of High Court granting or cancelling bail

77. Appeal before Supreme Court and grant of bail

78. Grant or refusal of bail by High Court or other Court—Interference by Supreme Court

ANTICIPATORY BAIL

79. Anticipatory bail vis a vis ordinary bail

80. Court’s power to grant anticipatory bail unfettered

81. Special case if to be made out

82. Anticipatory bail not to be granted on mere asking

83. Grant or refusal of anticipatory bail—Relevant considerations

84. Blanket anticipatory bail

85. Grant of anticipatory bail without lodging of F.I.R.

86. Anticipatory bail after issue of process

87. Anticipatory bail only in non-bailable offence

88. Second application for grant of anticipatory bail

89. Earlier application not pressed—Maintainability of subsequent application for anticipatory bail

90. Anticipatory bail—Duration of

91. Co-accused granted bail—Whether ground for granting anticipatory bail

92. Cancellation of anticipatory bail

93. Cancellation of bail

94. Cancellation of bail vis a vis rejection of bail application

95. Cancellation of bail in a bailable offence

96. Power of Magistrate to cancel bail in non-bailable offence

97. Cancellation of bail—Powers to be exercised with care and circumspection

98. Absence on medical ground—Bail should not be cancelled

99. Release on bail under proviso to Section 167 (2), Cr. P.C.—When such bail can be cancelled

100. Offence turning to be more serious subsequent to grant of bail

101. Bail order passed without jurisdiction—Cancellation of

102. Bail granted by the Superior Court—Whether could be cancelled by Magistrate?—

103. Bail granted by High Court—Sessions Judge has no power to cancel it

104. Transfer of bail application by Court of Session to Additional Sessions Judge or Assistant Sessions Judge—Propriety of

105. Cancellation of bail—Considerations for

106. Material considerations for cancellation of bail

107. Grant of bail—Wrong exercise of jurisdiction

108. Grant of bail by Sessions Judge—Cancellation by High Court

109. Power of High Court to cancel bail granted by it

110. Bail granted by a Judge of High Court—Not to be cancelled by another Judge on the same materials

111. Cancellation of bail on invalid grounds

112. Abuse of privilege of bail—Ground for cancellation

113. Offence converted into non-bailable offence from bailable offence—Re-arrest of accused without cancellation of bail—Improper

114. Cancellation of bail by Magistrate—High Court approached straight against such order

115. Cancellation of bail on fresh materials

116. Cancellation of bail of accused police officers

117. Who can apply for cancellation of bail ?—

AMOUNT OF BAIL

118. Amount of bail not to be excessive

119. Asking for cash security—When becomes harsh and illegal

120. Sufficiency of amount of bail—Judicial discretion of the Court

NEED FOR REFORM OF THE PRESENT BAIL SYSTEM

121. Present system of bail—Source of great hardship to the poor

122. Need for reform

123. Provisions of Anticipatory Bail do not apply in the State of Uttar Pradesh and the Author’s submission

CHAPTER 60

Human Rights and Torture in Police Custody

1. General

2. Torture synonymous with darker side of human civilisation

3. Prohibition of torture lacks constitutional authority

4. Torture means both physical and mental pain or suffering—

5. Custodial torture—Assault on human dignity

6. Torture by police in custody

7. Torture in custody causing death—A murderous act

8. Protection of people from excesses of the State

9. Use of third degree methods in custody

10. Use of third degree methods by police—Prohibition of

11. Custodial violence and abuse of police powers

12. Methods of torture

13. Police torture disastrous to human rights awareness

14. Mental agony in police station

15. Arrest of women by police and violation of modesty

16. Blinding of undertrials by police

17. Physical mutilation in police custody

18. Lack of ocular evidence in cases of police torture or custodial death—Effect of

19. Injury caused by police—Presumption under Section 114-B, Evidence Act

20. Compensation—Appropriate and effective remedy for redressal

21. Compensation as a public law remedy

22. Custodial violence—Preventive measures

Chapter 61

Custodial Deaths

1. Custodial death—Worst kind of crime in a civilised society

2. Death in police custody—Entitled for monetary compensation under Articles 32 and 226 of the Constitution of India

3. Immunity of State in cases of custodial deaths

4. Police atrocities and compensation by Apex Court

5. Monetary compensation for infringement of fundamental rights

6. Death in police custody and compensation

7. Death in police custody—Manipulation of Police Records deprecated

8. Torture and death in other departments apart from police—Liable for compensation

9. Grant of Anticipatory Bail to Police Officer responsible for custodial death

10. Compliance of non-bailable warrant against police personnel in case of custodial death

11. Custodial death and compensation

CHAPTER 62

Police Encounters

1. Police encounters—Legality of

2. Police encounters—Petitions against

3. Fake encounters by police and compensation

CHAPTER 63

Rights of Accused Persons

1. "Accused"—Who is ?

2. Right of accused not to be convicted of an offence unless established by proof beyond reasonable doubt

Protection in respect of conviction for
offences

3. Ex post facto laws and retrospectively

RIGHT TO BE INFORMED OF THE GROUNDS IMMEDIATELY
AFTER THE ARREST

4. Communication of grounds of arrest—A constitutional safeguard

5. Warrant of arrest—Substance to be informed

RIGHT OF THE ARRESTED PERSON for medical
examination

6. Medical examination of the accused

7. Arrested person has right of medical examination

right to be produced before a magistrate within
24 hours of his arrest

8. Detention of an accused

9. Exclusion of the time taken in journey from place of arrest to the Court

10. Validity of detention order

11. Escape of accused detained beyond 24 hours—No offence

12. Accused not produced within 24 hours and recording of confession

RIGHT TO CONSULT A LAWYER OF HIS OWN CHOICE

13. Access of accused to legal adviser

14. Free legal assistance to accused

15. Right to be defended by a pleader

16. Right to have a counsel applies in appeals

17. Right to have counsel of his choice

18. When accused unrepresented—Duty of court

19. Counsel for indigent accused

20. Cases not covered by Section 304—Non-supply of pleader

21. Indigent accused—Right to be defended at State expenses

22. When consent repudiated by the accused

23. Counsel appointed not furnished with brief

24. Accused ill and unrepresented

25. Defence counsel not supplied with papers

26. Counsel for accused ill—Case to be adjourned

27. Representation in Juvenile Court

28. Right to be defended before Courts where lawyers not allowed to appear

29. Power-of-attorney-holder—No independent right to appear without permission of Court

30. Opportunity of cross-examination to counsel of accused

RIGHT TO BE TRIED BY AN INDEPENDENT AND
IMPARTIAL JUDICIARY

31. Free and fair trial

32. Opportunity to the accused to have the case tried by another Court

33. No right to the accused to have a Magistrate of his choice

34. Committal proceedings

35. "Personally interested"—Meaning of

36. Disqualification on ground of pecuniary interest

37. Other interest or prejudice

38. Personal interest—Cases of

39. Cases in which there is no personal interest

40. Hearing of appeals

41. Visit to the place of occurrence

42. When the court is party to the proceedings

43. "Taking cognizance" and "trying the case" or "committing the case for trial"—Distinction between

44. Courts to be open to all

45. Presence of public at the place of trial

46. Criminal trial in camera—Invalid

47. In camera trial in rape case

INVESTIGATION AND CHARGE-SHEET

48. Report to be sent soon after completion of investigation

49. Magistrate’s order under Section 173, Cr. P.C.—Whether judicial

50. Power of Magistrate to accept relevant documents

51. Power of Magistrate to take cognizance of the offence

52. Withdrawal of case

53. Taking of cognizance—A judicial act

54. Magistrate not justified in taking cognizance on incomplete police report

55. Reopening of case—When not permissible

56. Charge-sheet—Not a complete thesis of the prosecution case

57. Final report of police—Use of

58. Additional charge-sheet—Filing of

59. Filing of report of Central Forensic Science Laboratory after submission of charge-sheet

60. Court’s direction for further investigation

61. Filing of piecemeal charge-sheet—Not legally permissible

62. Submission of charge-sheet by Sub-Inspector—No illegality

63. Charge-sheet—When deemed to be submitted

64. Cognizance on complaint of authorised officer

65. Further investigation after charge-sheet submitted and cognizance taken

66. Second complaint

67. No illegality in further investigation by another investigating agency

68. Further investigation by police after submission of final report under Section 169, Cr. P.C.

69. Further investigation on fresh material—Whether notice to accused necessary

70. Interference in investigation by State—Legality of

71. Charge-sheet when not to be filed by investigation agency

72. Reopening of investigation

73. Submission of report—Further investigation not precluded

74. Superior police officer can order for submission of fresh charge-sheet

75. Cancellation or closure of case—Opportunity of hearing to complainant

76. Quashing of F.I.RAfter filing of charge-sheet

RIGHT TO GET COPIES OF THE DOCUMENTS AND STATEMENTS OF
WITNESSES ON WHICH THE PROSECUTION RELIES

77. Scope and applicability of Section 207, Cr. P.C.

78. Statements of witnesses—Copy to be supplied whether they are to be relied upon or not

79. Effect of failure to supply papers

80. Inquiry in cases triable by Sessions Court—Connotation of

81. Sessions Judge to order for supply of papers

82. Supply of copies in the Magistrate’s Court

83. "At the commencement of the trial"—Significance of

84. Magistrate’s order on police report—Whether judicial

85. Examination of records—Power of High Court

86. Second report of Chemical Examiner

87. Irregularity in trial

RIGHT TO HAVE DUE NOTICE OF THE CHARGES

88. Framing of charges

89. Perusal of case diary while framing charges

90. Framing of charge—Depriving accused to produce material evidence

91. Charge of offence vis a vis material on record

92. Critical appreciation of evidence at the stage of framing of charge—Not permissible

93. Framing of charge—Necessity of recording reasons for

94. Offence triable by Magistrate

95. Common charges—Framing of

96. Non-framing of separate charge

97. Framing of charge—Petition against

98. "Same offence"—Meaning of

99. Distinct offence

100. When offence is made of parts and every part is an offence they are not distinct

101. Acts constituting offence—When not distinct

102. Distinct offences

103. Distinct offences—Examples of

104. Separate order and trial for every distinct offence

105. Alteration of charge

106. Cancellation of charge and acquittal

107. Joint charge—Framing of

108. Joint trial and joinder of charges

109. Refusal to consolidate charges and hold joint trial

110. Separate trials where joint trial permissible—Legality of

111. Sale of adulterated goods—Joint trial of warranter and vendor

112. Joint trial—Proper procedure

113. Amalgamation of a case on police report and of a complaint case

114. Amalgamation of cases

115. Cross-case—Method of trial

116. Charge to be read and explained to the accused

117. After framing of charges—No power to drop proceedings

118. Committal of case to Sessions

119. Charges for murderous attack

120. Cases not exclusively triable by the Court of Session

121. When cases committed under Section 323 or 306 (5), Cr. P.C

122. Power under Section 319 (1), Cr. P.C. for enquiry

123. Power of Magistrate for recommittal of case

124. Procedure of trial before Chief Judicial Magistrate

125. Transfer of cases—Legality of

126. Acquittal in one charge does not necessarily lead to acquittal for another charge

RIGHT TO INSIST THAT EVIDENCE BE RECORDED IN PRESENCE OF
THE ACCUSED EXCEPT IN SOME SPECIAL CIRCUMSTANCES

127. Evidence shall be taken in the presence of the accused or counsel

128. Examination of witness in the absence of accused and his counsel vitiates the trial

129. Name and description of witnesses—Part of evidence

130. Evidence of one cross-case cannot be used in other cases

RIGHT OF ACCUSED FOR EXEMPTION OF PERSONAL
ATTENDANCE

131. Dispensing with personal attendance of accused

132. Grounds for exemption of personal appearance

133. Grant of exemption from personal attendance discretionary with the Magistrate

134. Personal attendance when not necessary

135. Exemption from personal appearance and status of the accused

136. The accused must be represented by a pleader

137. Vakalatnama not needed for exemption

138. Pardanashin woman entitled for exemption

139. Exemption from personal attendance—Legality of

140. Provisions of exemption do not apply to appeals

RIGHT TO TEST THE EVIDENCE BY CROSS-
EXAMINATION

141. Cross-examination—Purpose of

142. Order of examination of witnesses

143. Right of cross-examination to adverse party

144. Party seeking cross-examination must be shown to be an adverse party

145. Court must actively participate in the trial

146. Cross-examination cannot be confined to matters testified in examination-in-chief

147. Opportunity of rebuttal not to be refused

148. Tendering a witness for cross-examination only

RIGHT TO PRODUCE DEFENCE WITNESSES

149. Defence of the accused

150. Witnesses of the accused—When to be summoned

151. Witnesses to be summoned for cross-examination

152. Refusal of accused to lead defence

153. Cost to be deposited before summoning witnesses

154. Duty of a court, when accused unrepresented and refuses legal aid

155. Right of prosecution to examine witnesses after the accused enters upon his defence

156. Reasonable opportunity to be given to the accused to produce documents

157. Right of the accused to summon papers at any stage under Section 91, Cr. P.C.

158. Summoning of defence witness

159. Production of documents by the prosecution after the close of prosecution case

160. Value of the written statement

161. Written statement by the accused and filing of documents

RIGHT NOT TO BE A WITNESS AGAINST HIMSELF

162. Testimonial compulsion and right against self-incrimination

163. Right not to be a witness against himself

164. Presence of counsel during interrogation

RIGHT TO HAVE AN OPPORTUNITY FOR EXPLAINING THE
CIRCUMSTANCES APPEARING IN EVIDENCE
AGAINST AT THE TRIAL

165. Stage of examination of the accused

166. Applicability of Section 313, Cr. P.C

167. Object of Section 313, Cr. P.C

168. Manner of examination

169. Circumstances to be put to the accused

170. Examination of the accused

171. Personal examination of the accused

172. Not necessary to place each and every evidence

173. Attention of accused not drawn to every inculpatory material for his explanation—Effect

174. Delay in recording of victim’s statement

175. Accused to be questioned only about circumstances

176. Charges not framed in prescribed form

177. Provisions of Section 313, Cr. P.C. mandatory

178. Questioning of accused regarding circumstances

179. Circumstances must be put to the accused

180. Documents produced must be put to the accused

181. Re-examination of accused after deposition of witness under Section 540 of old Cr. P.C.

182. Examination by the appellate Court in case of omission

183. Examination of a deaf and dumb accused

184. "Question him generally"

185. Questions prepared in English—Not irregular

186. Putting many facts in one question—Defective method

187. Questions about bad character of accused

188. Questions about previous conviction—Not permissible

189. Statement to be recorded in detail

190. Record of police not required to be put to accused

191. Statement about plea of self-defence

192. Examination of accused—Cannot substitute evidence

193. Vague questions—Explanation regarding

194. Written statement of accused

195. Failure to mention a fact

196. Refusal of accused to answer

197. Evasive replies by accused

198. No incriminating circumstances—Accused not to be examined

199. Accused not to be cross-examined

200. Retrial after re-examination—Improper

201. Complete statement of accused to be considered

202. Statement not to be used against another co-accused

203. Prejudice due to non-examination or defective examination

204. Inculpatory material not indicated to the accused

205. Objection of non-compliance when can be taken by the accused

206. Accused must prove the prejudice caused

207. Question of prejudice cannot be raised in appeal

208. Confession of crime in the statement under Section 313, Cr. P.C

209. Examination where accused makes a confession

210. Use of the confession of a co-accused

211. Offence

212. Trial cannot be vitiated by error under Section 342, Cr. P.C. (new Section 313)

213. Want of territorial jurisdiction

214. Conviction

215. Evasive replies to be read against the accused

216. Non-examination of the accused—Objection by the complainant

RIGHT TO BE HEARD ABOUT THE SENTENCE UPON
CONVICTION

217. Sentence to be passed on conviction

218. Separate sentence for separate conviction

219. Sentence to be passed only after hearing the accused

220. Hearing of accused obligatory at the sentencing stage

221. Hearing of accused on the question of sentence

222. Proper opportunity to accused and prosecution

223. Opportunity of hearing on sentence not given—Effect of

224. Hearing accused before sentencing is a fundamental requirement

225. Non-compliance of mandatory provisions is fatal to conviction

226. No adjournment to show cause against the sentence

227. Judgment to be delivered by same Judge who records the evidence

228. Conviction and order of sentence on same day—Against law

229. Acquittal only after following complete procedure

230. Proper acquittal order

231. Want of finding of acquittal or conviction on a charge amounts to acquittal

232. No order of discharge after framing of charge

233. Discharge order—Conditions of

PROTECTION AGAINST "DOUBLE JEOPARDY"

234. Double Jeopardy

235. Article 20 (2) of the Constitution and Section 300, Cr. P.C.—Distinction between

236. Double Jeopardy

237. Rule against double jeopardy

238. "Issue estoppel" and "autrefois acquit"—Distinction between

239. Plea of autrefois acquit —When could be raised

240. Double punishment—Prohibition of

241. Section 403, Cr. P.C.—When attracted

242. Rule of issue estoppel and res judicata

243. Binding nature of an earlier finding

244. Binding effect of finding of Criminal Courts in quasi-judicial proceedings

245. Offences committed in separate and independent transactions

246. No subsequent trial for the same offence

247. Many distinct offences committed in the same transaction

248. Subsequent trial for a distinct offence under Section 300 (2), Cr. P.C.—Consent of the State Government necessary

249. Subsequent trial for same facts when the first Court was incompetent to try the offence

250. Barring of subsequent trial—Conditions for

251. Bar of second trial—Requirements

252. Detention for arrears of land revenue

253. Applicability of Section 300, Cr. P.C

254. Trial for major offence when barred by trial for minor offence

255. Retrial for same offence barred till conviction or acquittal remains in force

256. Second trial while conviction or acquittal in force

257. Appeal—Jurisdiction of High Court

258. Acquittal or conviction of an accused—No bar for trial of another accused

259. Continuing offence—Bar of second trial

260. Cases not amounting to acquittal—No bar for fresh trial

261. Case dismissed due to misjoinder of charges—Does not amount to acquittal

262. Act or omission constituting offence under two or more enactments

263. Same act constituting offence under more than one enactment

264. Stopping of proceeding under Section 249 (old) of Cr. P.C.

265. Restoration of case dismissed in default

266. Cognizance of second complaint

267. Second complaint by proper person or authority

268. Withdrawal by one complainant—Subsequent trial for other offences

269. Where proceedings are void ab initio

270. Withdrawal of a complaint in summons case

271. Withdrawal from prosecution—No bar to second trial

272. Wrong name in complaint—Second complaint with correct name not barred

273. Compounding of offences in a compoundable case

274. Consequences happening afterwards making the offence graver

275. Acquittal in case of invalidity of sanction

276. All accused to be tried jointly

277. Order approving final report—No bar for second trial

278. Magistrate not empowered to review or recall his judicial order

279. Order of dismissal of complaint not set aside—Second complaint can be entertained

280. Prohibition of subsequent trial for same offence under Section 300 (403 old) of Cr. P.C

281. Lack of local jurisdiction

RIGHT TO GET COPY OF THE JUDGMENT WHEN SENTENCED
TO IMPRISONMENT

282. "Copy of judgment"—Entitlement to get free on ground of poverty

283. Copies of depositions of witnesses and other parts of the record

284. Right to obtain copy—Whether personal appearance in Court necessary

285. Entitlement of third person to copies of judgments, etc

286. No stamp in appeal on copy of judgment supplied free of cost to the accused

RIGHT TO APPEAL IN CASE OF CONVICTION

287. Forums for appeal(a) Appeal to Supreme Court

(a) Appeal to Supreme Court

(b) Appeal to High Court

(c) Appeal to the Court of Session Judge

(d) Court of Session only can receive appeals

288. Appeal—Locus standi

289. When sentences not appealable—

290. Powers of High Court in appeal against acquittal

291. Appeal against acquittal—Powers of Court

292. Appellate Court to consider all grounds in appeal

293. Right of appeal accrues on conviction

294. Appeal against acquittal

295. Appeal against acquittal—Two views possible

296. Appeal against conviction—Principles for exercise of power by Supreme Court

297. Appeal against conviction—Accused acquitted of charges—Acquittal of co-accused though no appeal preferred by him

298. High Court has powers to take fresh evidence

299. When appeal does not lie to High Court

300. High Court cannot for the first time go into alternate charge

301. Combination of sentences and decision regarding appropriate forum of appeal

302. Appeal against conviction and sentence by third party—Legality of

303. Dismissal of criminal appeal in default—Not proper

304. Condonation of delay in appeal should be dealt with liberally

305. Enhancement of sentence sought by State—Appeal must be filed

306. Setting aside of conviction by High Court on minor discrepancies—Not proper

307. Revision against acquittal—Right of appeal to Supreme Court

RIGHT NOT TO BE IMPRISONED UPON CONVICTION IN
CERTAIN CIRCUMSTANCES

308. Applicability of provisions of Section 360, Cr. P.C.

309. Benefit of probation for punishment under any law available

310. Probation of Offenders Act vis a vis Section 360, Cr. P.C.

311. Probation for offences punishable with fine

312. Grant of benefit of Section 360, Cr. P.C. cannot be refused

313. Provisions of Section 361, Cr. P.C. mandatory

314. Provisions of Section 361, Cr. P.C. when not applicable

315. Benefit of Section 360, Cr. P.C. in case of crimes against women

316. Accused to bring favourable circumstances on record

317. Considerations for extending the benefit of release on probation

318. Conviction under Section 379, I.P.C.

319. Release on bond

320. Probation only when no previous conviction proved

321. Release on probation—When cannot be claimed

322. Benefit of probation where offence not punishable with death or imprisonment for life

323. "To keep the peace and be of good behaviour"—Implies different concepts

324. Granting of probation is a discretionary power with the Court

325. Benefit of probation

326. Probation to be granted after conviction but before sentence

327. Granting probation—Grounds for

328. Previous conviction debars benefit of probation

329. Probation to first offender

330. Crucial date for reckoning the age of 21 years

331. Regard to age, character, antecedents etc. in grant of admonition

332. Admonition to be granted for trivial offence only

333. Rash and negligent driving, killing eight persons—Not entitled to benefit of Probation of Offenders Act

334. Appellate Court or revisional Court may release on probation or admonition

335. No appeal against order of probation or admonition by Government

336. Order for probation or admonition—Accused has right of appeal

337. Offences punishable for not more than two years’ imprisonment—Can be dealt with under Section 360 (3), Cr. P.C

CHAPTER 64

Punishment for Crime

1. Punishment for crime

2. Aims and objects of punishment

3. Considerations in sentencing policy

4. Proportionality between crime and punishment

5. Effect of sentence on social order

6. Rival theories of punishment

7. ‘Reparation’—Meaning of

8. Death sentence

9. Death sentence—Invocation of Article 21

10. Combination of sentence of death with fine—Legality of

11. Power of clemency

12. Remission of sentence

13. Claim of set-off under Section 428, Cr. P.C.

CHAPTER 65

Human Rights of Prisoners and Jail Reforms

GENERAL

1. Extended meaning of "Life"—

OVERCROWDING IN JAILS

2. Overcrowding of prisons

3. One man in one cell in prison

4. Problem of overcrowding—Remedial measures

RIGHTS OF PRISONERS

5. Solitary confinement of prisoners

6. Convicts not wholly denuded of their fundamental rights

7. Transfer of under-trial prisoners from one Jail to another

8. Complaints of insubstantial food and inadequate clothing

9. Facility of home food to prisoners

10. Medical treatment of prisoners

11. Health of prisoners—Society’s obligations

12. Right of reading and writing available to a prisoner

13. Prisoner entitled to send welfare letters to prisoners in the other prisons whether such prisoners are his relative or not

14. Attendance of prisoner—Can or cannot be procured to answer the charge in investigation ?

ACCESS TO INFORMATION AND INTERVIEW
OF PRISONERS

15. Communication needs of prisoners

16. Citizen’s access to information and interviews with prisoners—To be controlled and regulated

17. One interview with family members—Legality of the rule

18. Removal of document from jail

HARD LABOUR AND COMPENSATION

19. Hard labour is a part of punishment

20. Equitable wages to prisoners

21. Deduction of expenses from the wages of prisoners by the State

TORTURE AND INHUMAN TREATMENT

22. Inhuman treatment and oppressive measures

23. Leg-irons to under-trials—Prohibition of

PRISON VICES

24. Vices amongst prisoners

PRISON REFORMS

25. Reform in prisons and prisoner by Commission

26. Prison visits—Categories of

27. Appointment of non-official visitors to check mal-administration

28. Prevention of diseases amongst prisoners

29. Open air prisons

PREMATURE RELEASE

30. Premature release—Guidelines

RELEASE OF UNDER-TRIAL PRISONERS

31. Release of under-trial prisoners on bail

PAROLE AND FURLOUGH

32. Parole—Grant of

33. Accused sentenced to undergo life imprisonment under Section 302 and seven years’ imprisonment under Section 397—Right of furlough

34. Grant of furlough

35. Parole during pendency of appeal

36. Recividism—Check of

37. Right of release on furlough—A substantial and legal right

38. Parole or furlough—Breach of conditions

REMISSION

39. Remission in sentence—Right to grant

40. Remission—Grant of

41. Claim of remission

42. Remission of sentence

43. Remission of sentence and gravity of offence

44. Remission dependent on good conduct of prisoner

45. Remission in sentence—Discrimination in

46. Age factor—Acceptable and reasonable basis for classification for remission

47. Benefit of remission—Not available for bail period

48. Set off in case of sentence of life imprisonment

49. Forfeiture or cut in remission

50. Cancellation of remission on when prisoner convicted.

51. Effect of pardon/remission of sentence

52. Power of Court to interfere

PREVENTIVE DETENTION

53. Illegality of detention

54. Non-production of under-trial prisoner in Courts on remand dates

EXECUTION OF DEATH SENTENCE

55. Inhuman treatment before execution of death sentence

COMPENSATION BY ACCUSED

56. Justice to victim of crime

57. Compensation to victims of offence

CHAPTER 66

Voting Rights of Prisoners

1. General

2. Provisions in election law to exclude persons with criminal background

3. Restriction on voting of a prisoner

CHAPTER 67

Compensation for Violation of Human Rights

1. Promissory estoppel

2. Immunity of State for its sovereign acts

3. Sovereign and non-sovereign functions—Distinction between

4. Test for sovereign and non-sovereign functions

5. Change in concept of sovereign immunity

6. Natural justice

7. Abuse of power by public authorities

8. Negligent act of Government officials

9. Compensation—Concept of

10. Compensation—Object of

11. Claim in public law for compensation for unconstitutional deprivation of fundamental rights

12. Quantum of compensation

13. Use of third degree methods and torture by police

14. Speedy trial and plea of financial constraints

CHAPTER 68

Words, Phrases and Legal Terms

1. Accusation

2. Adoption

3. Amenity

4. Anticipatory Bail

5. Anticipatory bail and ordinary bail—Distinction between

6. "Any aggrieved person"

7. "Audi alteram partem"

8. Authority

9. Backward

10. Backward class

11. Bail

12. Banking

13. Begging

14. Caste

15. Class

16. Community

17. Compassion

18. Compensation

19. "Compensation" and "claim for damages"—Distinction between

20. Consent search

21. Copyright

22. Copyright—Infringement of

23. Court

24. Crime

25. Cruelty

26. Decision

27. Design

28. Detain

29. Distribution

30. Dowry death

31. Elector

32. Electorate

33. Forest

34. Furlough

35. "Furlough" and "Parole"—Distinguished

36. Goods

37. Habitually

38. "Hire" and "Avails of"

39. "Human dignity"

40. Human Rights

41. Iddat period

42. Immunity

43. Judicial review

44. Literary work

45. Litigation

46. Maintenance

47. Mental cruelty

48. Noise and noise pollution

49. Parole

50. Pollution

51. "Procedure"

52. Proceedings

53. Prohibit

54. Prosecution

55. Provision

56. Public building

57. Public interest

58. Public way

59. Punished

60. Ragging

61. "Rape"

62. Reasonable classification

63. Regulate

64. Religious minority

65. Remand

66. Remit

67. Repeal

68. Repeal and Amendment—Explained

69. "Reserving a right" and "exercise of a right"—Distinction between

70. Review

71. "Right to life"

72. Search

73. Search and seizure

74. "Self-incrimination"

75. Service

76. Speedy trial

77. State

78. Substantial evidence

79. Suicide

80. Superannuation

81. Terrorist act

82. Vested

83. "Void" and "Voidable"—Distinction between

APPENDIX 1 The Protection of Human Rights Act, 1993

APPENDIX 2 The National Human Rights Commission(Procedure) Regulations, 1994

APPENDIX 3 Universal Declaration of Human Rights, 1948

APPENDIX 4 International Covenant on Civil and Political Rights, 1966

APPENDIX 5 International Covenant on Economic, Social and Cultural Rights, 1966

Appendix 6 International Convention on the Elimination of all Forms of Racial Discrimination, 1966

Appendix 7 American Convention of Human Rights, 1969

Appendix 8 African Charter on Human Rights and Peoples’ Rights, 1981

Appendix 9 Optional Protocol to the International Covenant on Civil and Political Rights (1966)

Appendix 10 Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of Death Penalty (1989)

Appendix 11 Instrument of Accession by India to the Human Rights Covenants (1979)

Appendix 12 The National Commission for Minorities Act, 1992

Appendix 13 The National Commission For Minority Educational Institutions Act, 2004

APPENDIX 14 The National Commission for Women Act, 1990

APPENDIX 15 The Protection of Women From Domestic Violence Act, 2005

APPENDIX 16 The National Commission for Backward Classes Act, 1993

APPENDIX 17 The National Commission for Safai Karamcharis Act, 1993

APPENDIX 18 The Commission of Sati (Prevention) Act, 1987

APPENDIX 19 The Commission of Sati (Prevention) Rules, 1988

APPENDIX 20 The Commissions for Protection of Child Rights Act, 2005

APPENDIX 21 Constitution of India

APPENDIX 22 The Protection of Civil Rights Act, 1955

APPENDIX 23 The Protection of Civil Rights Rules, 1977

APPENDIX 24 The Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989

APPENDIX 25 Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Rules, 1995

APPENDIX 26 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

APPENDIX 27 The Persons with Disabilities (Equal Protection of Opportunities, Rights and Full Participation) Rules, 1996

APPENDIX 28 The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

APPENDIX 29 The Consumer Protection Act, 1986

APPENDIX 30 The Right to Information Act, 2005

APPENDIX 31 The Prohibition of Child Marriage Act, 2006

Subject- index