Our students had participated in this event held at National Law School Bengaluru and a report on the proceedings by Mr. Kumaraswamy final year L.L.B student is given below
ARTICLE ON VISIT TO THE NLSIU for One Day Workshop on Environmental law Clinic
We had been to National Law school of India which conducted a one day seminar on ‘Environment & knowledge dissemination’ program held on 5th November,2016. The occasion was chaired by Sri. Jus. N.Kumar, Dr. Yellappa Reddy , Prof. (Dr.) Venkata Rao, Prof. M.K.Ramesh. As many as various law colleges , degree colleges and even schools participated in the event.
When Prof. Sairam Bhat started with the inaugural speech and cried out for the protection of the ‘mother Earth’ and he even told his helplessness during a visit to his native place near Mysore.
He told that, a tractor carrying on a load of hazardous wastes were being dumped in the open space near Ramanagaram district thereby polluting the nature. Even though he followed the tractor and knowing the ill effects of the act, could not do anything but remain silent at that particular moment. But in order to prevent this type of future happenings, his teammates and himself are releasing an app named ‘ECO SAVIOUR APP’ whereby when a person sees such kind of activities then he can just take a snap using the app and report it to the concerned authority.
The Hon’ble Jus. N. Kumar concerned about the environment, he quoted the fundamental rights which corresponds with the fundamental duties. We have various laws relating to environment but the implication which we are seeing his at a very low level.
Dr. Yellappa Reddy’s speech was an eye opener to all of us. He explained the attitude of the animals living in forest. The purity, clarity and more emphasised on the unity among themselves.
To be frank we do not see garbage piling up in forest, no court cases, no legislations, etc. But in the society we live eventhough it is for the welfare , we are not able to lead a life as that of a mammals in the jungle.
In the name of development we are destroying the nature. For eg. Bangalore was once known as garden city until it was recognised by the foreign country as the city which is piling up garbage. For that tagline was ‘clean Bangalore, green Bangalore’. But now we are very unfortunate to change the tagline as ’develop Bengaluru, pollute Bengaluru’.
Prof. M.K.Ramesh told about the advice given by his brother who happens to be a cardiologist, to patients that take rest in the villages, where they can see sunrise, hear chirping of the birds, etc. The rythm of the environment to sink with that of the heartbeat will show a steady and fast recovery of the ailment.
We had many power point presentations relating to environment, after seeing that many of the colleges came and opined about the future course of action towards the nature. One of the college promised to clean up the Mangalore beach. Many of the colleges were speaking about the environmental activities that they have taken up. Many rallies, environment trips , plays, poster & drawing competitons, etc., were conducted in order to create awareness.
When we come to my point of view, i was like when come to my personal ambit, i should have a two and four wheeler, a site and with a spacious decorated interiors & a happy family. Evethough this statement my selfishness, now i opine that i should be selfish in the matter of clean air, water, fertile soil and all the panch tatvas the nature is equipped with. For that nothing more i have to do his but just apply my senses and go according to the nature as that of the mammals do in the forest.
Though it may only seem to be theoritical but with sincere efforts we can use the technology; In what way means like ‘no cnadescent light day’, ‘odd even rule’ like that of delhi, ‘no horn day’, ‘public transport day’, etc. Which can reduce pollution.
Morethan all these especially in the matters relating to the environment , the approach of human being should be like ‘being human’, this method helps in achieving the desired reults to protect our “mother earth”.
The constitution day was celebrated in a very befitting and grand manner in our college on the 26th November. The chief guest to grace the occasion on that day was Shri. Venkatapathy former Union Minister of State for Law. The function got off to grand start with the invocation by the students. This was followed by the Welcome Speech by the principal Prof. Dr. C. Ramamurthy. It was then the turn of Prof. Arunagiri who spoke about the uniqueness of our Indian constitution. Mr.Dasappa the Secretary of the Trust recited a poem which he had composed which dealt with the various aspects of a lawyer’s life in a poetic form
This was followed by a very captivating talk by the Chief Guest of the Day Shri. Venkatapathy who enthralled the audience with his very illuminating talk, punctuated with witticisms and anecdotes about his practice as a lawyer and his stint as a Union Minister. The time flew and at the end of two hours of his talk it still felt as though it was the beginning of the talk. This was the magic spell cast by the Chief Guest.
The meeting concluded with the vote of thanks by Ms. Jyothi,the vice principal of the college. The entire event was compered by Ms. Pratistha Ramamurthy, in her inimitable style. The singing of the National Anthem marked the end of the function. This was followed by a sumptuous lunch at the college premises. INDEED THIS WAS A DAY TO REMEMBER ALWAYS
Gandhi Jayanthi was celebrated with in the College in a grand and befitting manner. A function was organised and it was coupled with the graduation day. It was a most befitting occasion when the fresh graduates took the oath on Gandhi Jayanthi Day.
The college celebrated the Thiruvalluvar Day and Farewell day for the final years students in befitting and grand manner. The Festive mood was in the air early in the morning in the college with all the students present to receive and welcome the Chief Guest for the day, Shri. Tarun Vijay , Member of Parliament from the Uttranchal who had introduced a number of initiatives to spread the message of the great Tamil Philosopher Poet Thiruvallurar, who through his Tamil Couplets on various topics on life laid down the way to lead life.
The college was decked up for the occasion and a red carpet welcome replete with the traditional Nadhaswaram, Poorna Kumbham and a floral welcome was accorded to the Chief Guest of the day.
The Chief Guest was taken around the college by the Principal, the faculty members and shown the various facilities of the college and a brief interaction with the students was held on the campus with the Chief Guest.
On the completion of this tour, the Principal, faculty, distinguished guests and students assembled at Hotel Dew Drops where the Program was to be held.
The program at Hotel Commenced with the Lighting of the Lamp by the Chief Guest and other Dignitaries and Invocation rendered by the Students. Floral Homage was paid to the Great poet Philosopher by the Chief Guest and other dignitaries
The speeches by the Chief Guest and the other distinguished guests provided a feast for the intellect and exhortations to the outgoing final year students who shortly would be legal professionals on how to conduct themselves in the future.
Mementos were presented to the Chief Guest and other dignitaries by the Principal and the Faculty members of the college.
This was followed by the distribution of mementos to the Faculty, Outgoing Students and the present students.
The function ended with a sumptuous lunch for the dignitaries and students
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1277 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)
ARNESH KUMAR ….. APPELLANT
VERSUS
STATE OF BIHAR & ANR. …. RESPONDENTS
J U D G M E N T
Chandramauli Kr. Prasad
The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 (hereinafter called as IPC) and Section 4 of the Dowry Prohibition Act, 1961. The maximum sentence provided under Section 498-A IPC is imprisonment for a term which may extend to three years and fine whereas the maximum sentence provided under Section 4 of the Dowry Prohibition Act is two years and with fine. Petitioner happens to be the husband of respondent no.2 Sweta Kiran. The marriage between them was solemnized on 1st July, 2007. His attempt to secure anticipatory bail has failed and hence he has knocked the door of this Court by way of this Special Leave Petition. Leave granted. In sum and substance, allegation levelled by the wife against the appellant is that demand of Rupees eight lacs, a maruti car, an airconditioner, television set etc. was made by her mother-in-law and father-in-law and when this fact was brought to the appellant’s notice, he supported his mother and threatened to marry another woman. It has been alleged that she was driven out of the matrimonial home due to nonfulfilment of the demand of dowry. Denying these allegations, the appellant preferred an application for anticipatory bail which was earlier rejected by the learned Sessions Judge and thereafter by the High Court. There is phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-A of the IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases,bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. “Crime in India 2012 Statistics” published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498-A of the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal. Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the Cr.PC. It has not come out of its colonial image despite six decades of independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public. The need for caution in exercising the drastic power of arrest has been emphasized time and again by Courts but has not yielded desired result. Power to arrest greatly contributes to its arrogance so also the failure of the Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption. The attitude to arrest first and then proceed with the rest is despicable. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive. Law Commissions, Police Commissions and this Court in a large number of judgments emphasized the need to maintain a balance between individual liberty and societal order while exercising the power of arrest. Police officers make arrest as they believe that they possess the power to do so. As the arrest curtails freedom, brings humiliation and casts scars forever, we feel differently. We believe that no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so. The existence of the power to arrest is one thing, the justification for the exercise of it is quite another. Apart from power to arrest, the police officers must be able to justify the reasons thereof. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation. Despite this legal position, the Legislature did not find any improvement. Numbers of arrest have not decreased. Ultimately, the Parliament had to intervene and on the recommendation of the 177th Report of the Law Commission submitted in the year 2001, Section 41 of the Code of Criminal Procedure (for short ‘Cr.PC), in the present form came to be enacted. It is interesting to note that such a recommendation was made by the Law Commission in its 152nd and 154th Report submitted as back in the year 1994. The value of the proportionality permeates the amendment relating to arrest. As the offence with which we are concerned in the present appeal, provides for a maximum punishment of imprisonment which may extend to seven years and fine, Section 41(1)(b), Cr.PC which is relevant for the purpose reads as follows:
When police may arrest without warrant.
1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person –
(a)x x x x x x
(b)against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely (i) x x x x x
(ii) the police officer is satisfied that such arrest is necessary –
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.
From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid. Police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts. Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.PC.
An accused arrested without warrant by the police has the constitutional right under Article 22(2) of the Constitution of India and Section 57, Cr.PC to be produced before the Magistrate without unnecessary delay and in no circumstances beyond 24 hours excluding the time necessary for the journey. During the course of investigation of a case, an accused can be kept in detention beyond a period of 24 hours only when it is authorised by the Magistrate in exercise of power under Section 167 Cr.PC. The power to authorise detention is a very solemn function. It affects the liberty and freedom of citizens and needs to be exercised with great care and caution. Our experience tells us that it is not exercised with the seriousness it deserves. In many of the cases, detention is authorised in a routine, casual and cavalier manner. Before a Magistrate authorizes detention under Section 167, Cr.PC, he has to be first satisfied that the arrest made is legal and in accordance with law and all the constitutional rights of the person arrested is satisfied. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused. In other words, when an accused is produced before the Magistrate, the police officer effecting the arrest is required to furnish to the Magistrate, the facts, reasons and its conclusions for arrest and the Magistrate in turn is to be satisfied that condition precedent for arrest under Section 41 Cr.PC has been satisfied and it is only thereafter that he will authorise the detention of an accused. The Magistrate before authorising detention will record its ownsatisfaction, may be in brief but the said satisfaction must reflect from its order. It shall never be based upon the ipse dixit of the police officer, for example, in case the police officer considers the arrest necessary to prevent such person from committing any further offence or for proper investigation of the case or for preventing an accused from tampering with evidence or making inducement etc., the police officer shall furnish to the Magistrate the facts, the reasons and materials on the basis of which the police officer had reached its conclusion. Those shall be perused by the Magistrate while authorising the detention and only after recording its satisfaction in writing that the Magistrate will authorise the detention of the accused. In fine, when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest and if so, prima facie those reasons are relevant and secondly a reasonable conclusion could at all be reached by the police officer that one or the other conditions stated above are attracted. To this limited extent the Magistrate will make judicial scrutiny. Another provision i.e. Section 41A Cr.PC aimed to avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. Section 41A as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008(Act 5 of 2009), which is relevant in the context reads as follows:
“41A. Notice of appearance before police officer.-(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice,
he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”
Aforesaid provision makes it clear that in all cases where the arrest of a person is not required under Section 41(1), Cr.PC, the police officer is required to issue notice directing the accused to appear before him at a specified place and time. Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police office is of the opinion that the arrest is necessary. At this stage also, the condition precedent for arrest as envisaged under Section 41 Cr.PC has to be complied and shall be subject to the same scrutiny by the Magistrate as aforesaid. We are of the opinion that if the provisions of Section 41, Cr.PC which authorizes the police officer to arrest an accused without an order from a Magistrate and without a warrant are scrupulously enforced, the wrong committed by the police officers intentionally or unwittingly would be reversed and the number of cases which come to the Court for grant of anticipatory bail will substantially reduce. We would like to emphasise that the practice of mechanically reproducing in the case diary all or most of the reasons contained in Section 41 Cr.PC for effecting arrest be discouraged and discontinued. Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:
(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC
is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;
(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);
(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention;
(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.
We direct that a copy of this judgment be forwarded to the Chief Secretaries as also the Director Generals of Police of all the State Governments and the Union Territories and the Registrar General of all the High Courts for onward transmission and ensuring its compliance.
By order dated 31st of October, 2013, this Court had granted provisional bail to the appellant on certain conditions. We make this order absolute. In the result, we allow this appeal, making our aforesaid order dated 31st October,
The BMC is an initiative of the High Court of Karnataka and was conceived in Jan 2007 and became fully operational from June 2007. This centre is headed by a Director, a judicial officer in the rank of the Principal District Judge, a dy director who is a senior civil judge and 6 co ordinators. The BMC has 100+ mediators on its rolls and the state of Karnataka has over 2000 mediators covering all districts and taluks. The taluk and district level mediation processes are monitored by the District Legal Services and Taluk Legal Services Authorities.
The process of mediation took roots subsequent to the amendment of Section 89 (2)(d), of the code of civil procedure. However till date there is no separate legislation on Mediation in India, but steps are being taken in that direction.
The rules of procedure for the BMC has been formulated by the High Court of Karnataka under Karnataka Mediation Rules 2005 and ADR Rules 2005. The rules so formulated are also displayed on the web site for the knowledge of the general public and disputants.
The mediators are generally advocates who have over 15 years of experience in the bar, retired and serving judicial officers and experts. The various processes of ADR can be defined very simply in the following way.
Arbitration – Private and formal court, gives award costly process but short time frame for conclusion.
Mediation – Informal Process , free of cost and reference of the court.
Lok Adalat, Peoples Court, Cases under NI act, MCOP, Partition Suits etc where the court feels that settlement can be reached and binding awards
The mediation centre also carries out pre litigation mediation based on court references
Mediation can be defined as a voluntary, informal and structured process where a neutral party assists the disputants to resolve the matter satisfactorily. The mediator acts as a facilitator, truce maker.
It is a voluntary process as the right of self determination is not taken away. Any party to the dispute has the right to leave the mediation process at any stage and request the matter to be decided through adjudicatory process.
The date and time of the mediation process is communicated to the parties. The mediation centre works for 6 days a week . Once the court refers the parties for mediation the copies of the pleadings filed are sent to the mediation centre by the court.
Every agreement done by the BMC, is to be confirmed by the court, whereas in a lok adalat it is immediate confirmation and decree is passed.
Mediation is an informal and structured process where in the San Francisco Model and UK model is followed. Both the USA and UK have had a longer history of mediation as the process has been available for over 40 years in both these countries. In the US 95% of cases are mediation cases and out of court settlements. Unlike our country the Mediation Agreement in the US is equivalent to a decree of the court.
The process of mediation is as follows
The opening remarks are made by mediator to set the tone of the process.
There is no recording of evidence nor is the trial procedure followed.
Introduction of the parties.
Private Sessions
Joint sessions
Further discussion and if agreement reached Memorandum of Agreement made and signed by the parties. The mediatior does not sign as he is a neutral party.
The agreement sent to the referring court for confirmation as a decree.
Since the agreement is accepted by the parties and the court gives a decree based on the agreement, such decree is non appealable
In case of non compliance with any of the conditions of the agreement entered into by one of the parties, an execution petition for enforcing the claim can be filed directly.
If case no agreement is reached the matter is referred back to the court for adjudication.
The mediation centre in Bangalore has been in existence for nine years now and has settled over 25,000 cases. The cases are not only referred from Karnataka courts but also from the other states if the parties are willing to come for mediation in Karnataka. There are no jurisdictional constraints for the Bangalore Mediation Centre.
The mediation centre has 18 mediation rooms, 40- 50 mediators on a given day and over 200 cases being mediated every day.
The mediation centre not only gets court referred cases but also matters are referred from other judicial and quasi judicial bodies such as labour courts, industrial tribunals, consumer courts etc.
The important case laws which were given during the interaction with the Director of the Mediation centre were
Afcons infrastructure vs Cherian Varkey Construction Judgment given by Justice R.V. Raveendran which has given an explanation of all ADR systems.
The article by Justice R V Raveendran on the importance of mediation
Srinivas Rao vs Deepa
Arnesh Kumar vs State of Bihar
This case relates to Section 498 A and the supreme court has laid down guidelines in this case on how the police should proceed on receipt of a complaint under this section.
Pre Litigation Mediation
Earlier marriage related issues where not take up by the mediation centre but now with references from the police department, courts at the admission stage , parties themselves the mediation centre is carrying out pre litigation mediation.
To sum up the mediation process does not carry out any counselling, and it can be described as a facilitative process, which enables the parties to reach an understanding by consensus based on the discussions held between them with the assistance of the neutral person the mediator.
State legal services Authority
Member Secretary Mr. Ashok
Dy.Member Secretary Mr. K.Ashok
The genesis of the idea of free legal to the needy was laid in the 42nd Amendment to the constitution of India. The preamble to the constitution also laid the foundation for this. The legal services authority act of 1987 led to the formation of the state and district legal services authority for these three roles
Creation of legal awareness
Legal Aid
Conducting of Lok Adalats
Free legal aid gives freedom to the individual of choice, expression and confidentiality. Legal Aid is provided free to the following categories of citizens
Income level <= 1,00,000 High Court
Income level <=1,25,000 Supreme Court
Physically Challenged
Mentally Challenged
Under Trials in Prison
Women iirespective of age, income
Senior Citizens
And a few other groups
Lok Adalat or the peoples court
Essentials
Reference from court
Compoundable offences
No bail petition by the lok adalat
Remit to court in case of failure
Advantages
Speedier
Cheaper
Final and Binding decree
Non appealable except in case of fraud and misrepresentation that too only by the writ jurisdiction under art 226 in the High Court.
No prescribed time limit
Lack of procedural rules
Permanent Lok adalat conducted on 2nd Saturday of every month.
Little Sisters of the Poor
This visit was undertaken to sensitize the group to the plight of the old people who are rejected by their families and society. This organization founded by Sr. Jeanne provides a helping hand to those cast aways. The little sisters of the poor are spread through the world and our country. They are supported by the community and society and the sisters mobilise resources for their running the home from corporate companies and philathropists. The men and women are housed in separate blocks, fed, clothed and taken care of. There are specially trained people to provide succor to the sick in the home.
27/04/2016
Labour Commissioner office
Interaction with Mr. Sripadh Deputy Labor Commissioner. Points covered exploitation of labor, archaic labour laws and need for change. Aspects of Safety . Lawyers as consultants both to management and workers Humane lawyers .
Quasi Judicial function of Asst Labor commissioner in gratuity cases and conciliation and labor disputes.
28/04/2016
Visit To Shishu Mandir, Transit Home
Shishu mandir 0 -6 years old
7-18 Schools
18-21 after care home
Child welfare commission
The children are brought to the home by police, NGO’s , unwed mothers , hospitals etc. Adoption of these children is possible. Adoption done online. Criteria for adoption has been very clearly laid out in the web site of the authority
500 applications received. 46 children adopted till date 2 full time doctors 2 nurses for taking care of the childrens health. Visiting consultants from NIMHANS.
Post adoption follow up upto 18 years.
Missing children bureau approximately 125 complaints lodged every month.
Transit home
Children brought by the following from the following places bustands , child labor, vagrant children,children running away from their homes. Brought by Police, NGO and citizens.
Children are kept for 4 months in the transit home, the following happens
Claimed by parent
Transfer to home state or district if from other states, districts with suitable escort
Else sent to the school at Madivala.
The average stay at the home is for four months. During that time the following vocational courses are offered. Tailoring, Plumbing, carpentry and basic electrical repairs. Current strength is 300 average intake per month 125 . the numbers are maintained by transfers and uniting with parents
Children are fed nutritious food, Dietician on campus.Fruits and ghee served every day evening snacks are also provided. Uniforms given. Two counsellors, One probation office, superintendent and staff. Counsellor outsourced from NGO.
Women and child development
SHG concept promoted.
The following are the programs
SreeShakthi
This is formed to inculcate the habit of savings and self help. The groups are formed and they formulate their own bye laws. The savings amount per month is fixed at Rs. 20/per head. Most of the members are from the anganwadis. Importance given to financially weaker sections of the society and the Scheduled Castes and Tribes. Taluk level officer introduces the SHG’s to the Bank by giving the letter and accounts are opened. The members decide to whom the loans are to be provided from the bank and the responsibility for the regular payment of the principal and interest is ensured by the group members.
Bhagyalakshmi Scheme
This scheme has been formulated by the Government of Karnataka for the welfare of the girl child. This is set right the imbalance the male female ratio and also to prevent female infanticide. This scheme is exclusively applicable to BPO families and limited to two girl children per family.
The scheme runs as follows
A sum of Rs. 19,000 is deposited by the Government in a bank for each individual girl child
It is mandatory that the following are observed
Education of the girl child till eighth standard
The Child not to be used for child labor
No marriage of the child before the age of eighteen.
On completion of 18 years, the maturity amount of Rs. One Lakh is given to the child.
The integrated child development scheme of the Government of India is also operated in the State of Karnataka which ensures nutrition and education.
29/04/2016
Central Jail Visit Parapanna Agrahara
GROUP OUTSIDE CENTRAL PRISON
i
4107 inmates two towers male and female prisoners separate blocks.
Modern kitchen boilers for 100 kgs of rice each. Vegetarians provided with sweets non vegetarian meat and poultry products.
The jail has the following workshops for prisoners
Printing is for supply for files and stationery to Government departments. They have offset printing machines and shortly plate making and DTP operations would also be installed in the prison press.
Soap making for internal consumption in this jail and all sub jails in the state.
Mobile Jammers installed in the jail complex.
TV provided in the cell blocks
Morning roll 7 am and blocks opened
Lunch 11 , Evening 4.30 roll call and lock down . Dinner 8 clock in the cells.
More of undertrials and less of convicts.
Sri Sri Ravishanker Ashram
Art of Living and Happiness
Introduction video love for the world, and talk by Ms. Arundhati Supreme Court lawyer and heading legal cell of Ashram.
Guided tour of Ashram by volunteers Eshwar and Taruna
Places seen
Goshala
Veda School. The tuition boarding and lodging for the vidhyarthis of this School is totally funded by the Ashram and the students do not pay any fees whatsoever. The normal period taken to learn one veda is approximately 8 to 9 years and the students are also taught English, Mathematics and Science along with the vedic Subjects.
The Sri Sri University in Orissa offers higher education in Management, Media and other related courses.
Ayurvedic Hosptial named after Sri Sri’s FatherMeditation centre named after his mother.
The following initiative of Sri Sri were highlighted
Prison visit program and teaching of sudharshan kriya to the prisoners to make them more peaceful and amiable.
World Conferences and Cultural Festivals for the concept of Vishwadatta Kutumba or one world.
Free schools in rural centres for the benefit of rural children
30/04/2016
Report by Students
The students who underwent the practical training for four days from 26/4/2016 to 29/04/2016 were asked to narrate the experiences and learning gained from the practical visits to the Principal and the faculty members to help them understand the importance of the practical visits arranged by the college.
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