Derry bomb cache could have had disastrous consequences – SDLP

first_img 75 positive cases of Covid confirmed in North A Councillor in Derry’s Bogside says storing explosive devices in a residential area is highly dangerous, and lives could have been lost.Northlands SDLP Cllr John Bopyle was speaking after a security alert in the Maureen Avenue area during which a number of viable devicesd were found in a flat.A 30 year old man arrested on suspicion of dissident republican activity remains in custody.Cllr John Boyle says this could have had disastrous consequences……..[podcast]http://www.highlandradio.com/wp-content/uploads/2012/05/boyle1pm.mp3[/podcast] Main Evening News, Sport and Obituaries Tuesday May 25th Facebook RELATED ARTICLESMORE FROM AUTHOR Google+ Twitter Twitter WhatsApp Pinterest By News Highland – May 22, 2012 Further drop in people receiving PUP in Donegal center_img Derry bomb cache could have had disastrous consequences – SDLP 365 additional cases of Covid-19 in Republic Man arrested on suspicion of drugs and criminal property offences in Derry Facebook Pinterest WhatsApp Previous articleMaria McCambridge to appeal Olympic omissionNext articleDerry City make it three in a row News Highland Google+ Newsx Adverts Gardai continue to investigate Kilmacrennan firelast_img read more

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2021-05-27

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PWDI says disability services and benefits cannot be cut any more

first_img Google+ PWDI says disability services and benefits cannot be cut any more Twitter Facebook Twitter Pinterest 75 positive cases of Covid confirmed in North WhatsApp The Donegal Network of People with Disabilities is calling on the Government to stop cuts to services and benefits.The Group says that the last two budgets have seen disability benefits cut by €16, while people attending training centres are now being charged for transport by the Rural Transport Initiative, when it was previously  provided free by the HSEChairperson of the Donegal Network of People with Disabilities, Eddie Crawford, says that Donegal is the only county where this is the case…….[podcast]http://www.highlandradio.com/wp-content/uploads/2011/10/eddc830.mp3[/podcast] By News Highland – October 6, 2011 Man arrested on suspicion of drugs and criminal property offences in Derry RELATED ARTICLESMORE FROM AUTHORcenter_img Main Evening News, Sport and Obituaries Tuesday May 25th Facebook Previous articleBog Hotel owner will appeal alcohol sale convictionNext articleLifford oil spill cleared, but continued caution advised on road News Highland WhatsApp Newsx Adverts Google+ Pinterest 365 additional cases of Covid-19 in Republic Further drop in people receiving PUP in Donegal Gardai continue to investigate Kilmacrennan firelast_img read more

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2021-05-27

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Centre Extends Time For Renewal Of Health, Third Party Motor Vehicle Insurance Policies Till May 15

first_imgNews UpdatesCentre Extends Time For Renewal Of Health, Third Party Motor Vehicle Insurance Policies Till May 15 LIVELAW NEWS NETWORK15 April 2020 9:27 PMShare This – xTaking note of the extended national lockdown till May 3 due to COVID-19 pandemic, the Ministry of Finance issued notifications to extend the time for renewal of health and third party motor vehicle insurance policies till May 15.The benefit is applicable to those policy holders whose policies fell due for renewal between March 25 and May 3 and who could not make payment due to the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginTaking note of the extended national lockdown till May 3 due to COVID-19 pandemic, the Ministry of Finance issued notifications to extend the time for renewal of health and third party motor vehicle insurance policies till May 15.The benefit is applicable to those policy holders whose policies fell due for renewal between March 25 and May 3 and who could not make payment due to the COVID-19 situation.This is in order to ensure their continuity and hassle-free claims payment during the above grace period, said Finance Minister Nirmala Sitharaman in a tweet.The notifications were issued in exercise of powers under sub-sections (1) and (4) of Section 64VB of the Insurance Act, 1938 read with Rule 59 of the Insurance Rules, 1939.On April 1, the Centre had extended the time for renewal of health and motor vehicle insurances till April 21.Time extended for renewal of health insurance policies.Finance Ministry allows health insurance policy holders, whose renewals are due in the period from March 25 to May 3, and who could not pay due to COVID-19, to make such payment for renewal till May 15. pic.twitter.com/Ek4c5cSuTw— Live Law (@LiveLawIndia) April 16, 2020Time extended for renewal of 3rd party motor insurances.Finance Ministry allows motor vehicle third party insurance policy holders, whose renewals are due in the period from March 25 to May 3, and who could not pay due to COVID-19, to make such payment for renewal till May 15. pic.twitter.com/SecnHm7eG3— Live Law (@LiveLawIndia) April 16, 2020Next Storylast_img read more

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2021-05-26

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Allahabad HC Grants Bail To Iranian Student In Over Staying Visa Case [Read Order]

first_imgNews UpdatesAllahabad HC Grants Bail To Iranian Student In Over Staying Visa Case [Read Order] LIVELAW NEWS NETWORK20 April 2020 1:24 AMShare This – xRecalling that “Bail is rule and jail is exception”, the Allahabad High Court on Wednesday released an Iranian student on bail in connection to a criminal case for overstaying his visa. The High Court observed that in terms of the larger mandate of Article 21 of the Indian Constitution and in accordance with the Supreme Court’s verdict in Dataram Singh v. State of UP & Anr., (2018)…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginRecalling that “Bail is rule and jail is exception”, the Allahabad High Court on Wednesday released an Iranian student on bail in connection to a criminal case for overstaying his visa. The High Court observed that in terms of the larger mandate of Article 21 of the Indian Constitution and in accordance with the Supreme Court’s verdict in Dataram Singh v. State of UP & Anr., (2018) 3 SCC 22, a case for bail is made out. A bench of Justice Siddharth has directed that the accused, apprehended from the Maharjpur district in UP, should be released on bail on furnishing a personal bond and two reliable sureties, one of whom will be resident of district Maharajganj with immoveable property in the like heavy amount to the satisfaction of the court concerned. The applicant Sepher Kaini, a national of Iran who came to India for studies had been apprehended for entering the country on the basis of concocted documents and over staying the period of his visa. He has been booked under Sections 419, 420, 467, 468, 471 of IPC and under Section 14 of the Foreigners Act. During the hearing, he relied upon a previous order of the Allahabad High Court whereby a Chinese student was released on bail under similar circumstances. Inter alia the court has ordered that the accused-applicant, through District Legal Services Authority, Maharajganj, will file his application to concerned Passport Office as well as Emigration Office for re-issuance of Passport, i.e. for extension of period of Passport and Visa issued to him and his release from jail will be after such extension is allowed by the authorities concerned. Further, the Passport will have to be surrendered before the trial court along with address of abode of accused, within the jurisdiction of the Sessions Court, Maharajganj. Case Details: Case Title: Sepher Kaini v. State of UP Case No.: Crl. Misc. BA No. 3629/2020 Quorum: Justice Siddharth Appearance: Advocate Tahir Husain (for Petitioner); Govt. Advocate OP Misra (for State) Click Here To Download Order Read Order Next Storylast_img read more

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2021-05-26

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SC Dismisses Plea Seeking Social Media- Aadhaar Linkage To Remove ‘Fake’ Accounts To Curb ‘Fake News’

first_imgTop StoriesSC Dismisses Plea Seeking Social Media- Aadhaar Linkage To Remove ‘Fake’ Accounts To Curb ‘Fake News’ Nilashish Chaudhary26 May 2020 7:17 AMShare This – xThe Supreme Court on Tuesday dismissed a petition filed by BJP leader Ashwini Kumar Upadhyay seeking the linkage of Aadhar with social media accounts, as an attempt to eliminate fake accounts. A 3-judge Bench comprising of Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat refused to interfere with the Delhi High Court’s December 2019 judgment whereby a Division Bench had also…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Tuesday dismissed a petition filed by BJP leader Ashwini Kumar Upadhyay seeking the linkage of Aadhar with social media accounts, as an attempt to eliminate fake accounts. A 3-judge Bench comprising of Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat refused to interfere with the Delhi High Court’s December 2019 judgment whereby a Division Bench had also refused to entertain the plea. “We see no reason to interfere with the impugned order of the High Court. The Special Leave Petition is, accordingly, dismissed. However, liberty is granted to the petitioner to file impleadment application in Transfer Case (Civil) No.5/2020”,held the Top Court.The Petitioner had pointed out that in the impugned order, the High Court had failed to appreciate that there existed a total of around 35 million twitter handles in India and approximately 350 million Facebook accounts of which, according to experts, around 10% twitter handles (3.5 million) and 10% Facebook accounts (35 million) are fake.Arguing this point while appearing in person through virtual conferencing today, Upadhyay argued that social media accounts do have a deep impact on the minds of the common man, who finds it very difficult to distinguish fake and real accounts. It was further submitted that fake news, which may be created and propagated by fake, duplicate or ghost accounts shapes opinion and even plays “a vitiating role in the context of free and fair elections”. These bogus accounts, alleged Upadhyay, are also used for proliferation of fake news which is the root cause of many riots, including the recent riots in Delhi. In this light, it was urged that since Article 19(1)(a) of the Constitution enables the State to impose reasonable restrictions on free speech in the interest of national and international security, it is duty of the State to take appropriate steps to weed-out fake, duplicate and ghost social media accounts. The Delhi High Court had earlier refused to entertain this plea by holding that linkage of Social media accounts with Aadhar or any other identification proof was a matter of government policy. “This exercise of drafting of a policy or amendment in the law or appreciation of the report of the Law Commission for linkage of AADHAR/PAN/Voter ID details with social media, all pertains to policy decision to be taken by the respondents. We are not inclined to give any direction to the respondents since Union of India is already deliberating upon this issue, as submitted by learned counsel for the Union of India,” it had held. While disposing of this plea, the Supreme Court did however grant Upadhyay liberty to file an impleadment application in another matter concerning the linkage of Aadhar with social media platforms, which is now pending before the Supreme Court. In that matter, the Top Court had ordered the transfer of all pending cases from various High Courts to itself. In the last hearing in that matter, on January 30, 2020, a Bench headed by Justice LN Rao had directed the Madras High Court to send all records related to the matter to the Supreme Court at the earliest.    Click Here To Download Order[Read Order]Next Storylast_img read more

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2021-05-26

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Ethical Lawyering: An Overview

first_imgColumnsEthical Lawyering: An Overview Justice V Parthiban5 July 2020 12:27 AMShare This – x’Ethics’ is the activity of man directed to secure the inner perfection of his own personality’ – Albert Schweitzer – 20th Century Theologian and a Polymath. The above quote and the ethical caption may appear to be an aberration in today’s context, as the whole world is desperately fighting for just survival, yet in these lugubrious times, it is worthwhile to…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login’Ethics’ is the activity of man directed to secure the inner perfection of his own personality’ – Albert Schweitzer – 20th Century Theologian and a Polymath. The above quote and the ethical caption may appear to be an aberration in today’s context, as the whole world is desperately fighting for just survival, yet in these lugubrious times, it is worthwhile to ruminate over the duties and responsibilities of the lawyer community towards their clients, the institution, the society at large. The testing times is what exposes a true character of an individual and the resultant epidemic impact on the collective conscience of the society. Today, it is pertinent to recall the epoch making words of Martin Luther King Jr. ‘the ultimate measure of man is not where he stands in the moments of comfort and convenience, but at the times of challenge and controversy’. These quintessence words are a great source of inspiration for the legal profession, as the lawyers are the most tested, denigrated and lampooned professional community of all other professional communities in the world. Jonathan Swift – 17th/18th Century Anglo Irish Satirist has portrayed lawyer community in his novel Gulliver’s Travels as ‘lawyers are a society of men bred up from their youth in the art of proving by words multiplied for the purpose, that white is black and black is white, according as they are paid’. In fact lawyers are also pejoratively described as ‘merchants of misery’. In this trying period of history, several actions relating to governance of nation state, the society may witness drastic policy changes to overcome the grave crisis of unprecedented kind, but in contrast certain immanent qualities of a man such as integrity, ethics and morals, as they are understood by the larger section of the society, have to remain unchanged, as the same are infinitely not negotiable with times. Every profession, particularly, the noble ones like Medicine and Law is governed by a set of principles, a consolidated Code of Conduct of the practitioners, to observe and follow. As far as the legal profession is concerned, the Advocates Act, 1961 provides for framing of norms and etiquette to be followed by advocates under the provisions of the Act. In terms of the said provision, the Bar Council of India framed Rules adumbrating various duties and responsibilities of the advocates practicing in our country. In the Preamble to the Chapter outlining the standards of conduct, prefacing what befits an advocate from an ivory tower stand point and perspective as; ‘an advocate shall, at all times, comfort himself in a manner befitting his status as an Officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and a moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an Advocate. Without prejudice to the generality of the forgoing obligation, an Advocate shall fearlessly uphold the interests of his client and in his conduct conform to the Rules hereinafter mentioned both in letter and in spirit. The Rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of other equally imperative though not specifically mentioned’. In fact in every country where there is an established legal system, Code of Conduct for lawyers is prescribed. But, to what extent the Code is followed or enforced either by the practitioners in the system or by the governing authority, is the matter of continuous concern for all the stakeholders. The contours of the Code of Conduct under the Bar Council Rules are exhaustive enough to include any conceivable species of ethics in ideal sense to be followed by the advocates while discharging their professional obligation. From a sketchy glance of the Code of Conduct, the legal profession, which is universally acknowledged as a noble profession, seem to conjecturally enjoy a place in the exalted altar of the justice dispensing system. What is conceived as a Code of Conduct on paper rather ideationally, is practiced by the learned advocates in their day-to-day functioning is too well known. Ethical lawyering, today at best can be a subject matter of discourse in academic confabulations primarily to satiate the moral longing of certain section connected to the profession. Otherwise, one finds that there is an explicit growing dichotomy between what exemplified as Code of Conduct and what is observed and followed in practice by the learned advocates. There is growing widening of chasm between the lofty expectations and the mundane reality. Over a period of time, the profession has been witnessing a steady decline in standards and in the perception of people, the profession no longer commands its rightful respect and esteem, not to speak of its nobility, but a degenerate profession practiced by a host of lawyers out to exploit their clientele, who seek legal redressal either in the justice delivery system or otherwise in non-litigation area. It is jocularly and popularly believed ‘that the problem with law is the lawyers’. The perception of the people may be right in some cases and may not be in many other. Yet, it is time the legal community took stock of the falling standards before the fall descends to the nadir point. There are myriad reasons for the decline, the foremost reason among many is the availability of broad avenues in the profession for advocates to make a fortune through exploitative means due to their over bearing position vis-à-vis their clientele. In this material world, when too much money and too much competition are involved, professional ethics is understandably the first casualty. ‘History shows that where ethics and economic come in conflict, victory is always with economics’, as profoundly observed by Dr.B.R.Ambedkar. One cannot expect that the ethical alignment of lawyer community can be different from the overall social alignment of the society towards traditional values and principles. The alignment of the Wheels of ethics depends on the alignment of the social car, as the wheels are indubitably the integral parts of the car. The fall in standards is the result of larger erosion of traditional values because of paradigm shift of people’s focus and attention to material related success more than the value based contentment. In the context of eroding value system of the present times, the legal profession bound by the traditional ethos cannot be allowed to detach from the fundamental normative ethics to be followed and observed. Every legal professional has a stupendous responsibility towards society in being a redressal bridge between the grievances of the people and the justice dispensing institution. Adherence to the fundamental ethical standards does not change with the times, as quoted by D.H.Lawrence, the great English Writer ‘Ethics and equity and the principles of justice do not change with the calendar’. Bar Council of India Rules, governing the conduct of advocates, enumerate duties perforce to be followed underlying the imperatives of ethical lawyering. Duties towards clients, Courts, opponents, colleagues are well delineated. Among the imperatives, relationship of advocates with their clients is the most crucial aspect to be examined first, since public perception of advocates is entirely constructed on the experience of the clients in their relationship with the advocates in the course of their professional engagement. When a lawyer accepts a brief, from his/her client, immediately a professional relationship would come into existence between them. The bedrock of their relationship is one of absolute trust and confidence. Till the relationship lasts, an advocate shall not betray the trust and faith reposed in him or her by his or her clients, as it is said that each betrayal begins with the trust. If the substratum of the relationship is willfully undermined for self aggrandizement, the advocate concerned is likely to lose his or her license to practice or would suffer debarment, in the event that ethical Code is stringently enforced. An advocate, in a fiduciary relationship with his or her client, if betrays the cause of his/her client by subterfuge and machination in discharge of his/her professional obligation, loses his/her moral authority to enter into any organic relationship. The tribe of such advocates is a cancerous influence on the community of lawyers. Their ominous presence is fundamentally detrimental to the vitals of the profession. In fact there is a saying that there is something wrong with your character if opportunity controls your loyalty. Besides the ethical relationship of trust and confidence, material relationship is what exposed a lawyer community to invite uncharitable metaphors universally, which have become axiomatic in charactering the legal profession. Lawyers are called ambulance chasers, sharks or rhinocerous, the last one to denote always ready to charge. Infact, a popular joke of lawyers/advocates fleecing their clients comparing them to sharks which don’t attack lawyers, because of professional courtesy. Lawyers are also compared to Wagon wheel, as both must be well greased. These are the lighter side reflections of the unconscionable conduct of a section of a lawyer community in overcharging their clients in exchange of their professional services. A law suit is satirized as ‘a machine what you go into as a pig and come out as a sausage’. People are always wary of seeking legal advice due to the cost factor, as the cost for engaging the service of lawyer is invariably not within the predictable range of any standards, but hinges on the precipitous characteristics of the advocate concerned. Samuel Butler 19th Century English writer characterized the cost factor as ‘in law, nothing is certain but the expense’. The common opinion of people of this factor is to be acknowledged in the first place as part of promoting ethical lawyering to the extent possible in the falling value standards. Unless corrosive effect of the unconscionable conduct of exploiting the relationship to their undue material advantage by advocates is recognized, no worthwhile revamp could be conceived for a systemic change in order to arrest further deterioration of this particular ethical facet of profession. Today, success is predominantly correlated to material well being and in this scenario it is not to suggest that advocates can exchange their valuable services for charity. As Albert Camus-a French writer said that ‘it is a kind of a spiritual snobbery that makes some people think that they can be happy without money’. Earning through profession by legitimate means does not affect the nobility and respectability of the profession, but, if the profession is bartered for unethical exchange, it causes irreparable dent to the image of the lawyer community as a whole and the system as well. Having said about the flipside, the profession can also boast of multitude of public spirited successful lawyers, who are the true professionals, maintaining ethical standards to whatever measure, conscientiously. Despite their tangible presence in the system, what is heard and experienced by and large is only in relation to a section of the lawyer community, which unfortunately forms the face of the profession and it is in common parlance that anything is judged on the face of it. On the other side of the spectrum, the world has witnessed great statesman lawyers like Abraham Lincoln, Nelson Mandela, Barak Obama, to name a few and in India, the freedom movement was spearheaded by legendary personalities like Mahatma Gandhi, Jawaharlal Nehru, B.R.Ambedkar, Vallabai Patel, Sri Rajagopalachari among others, who have shaped the nascent Indian state into a world’s largest democracy. These towering men were great visionaries and all of them were part of this great legal profession. The contribution of Dr.B.R.Ambedkar to the making of the Indian Constitution is extraordinarily clairvoyant born out of his exemplary legal acumen. The Constituent Assembly which elaborately debated the making of the Constitution had comprised more than 50% stalwarts from the legal profession. Thus, we have one of the greatest written Constitutions in the world. Even in the post independent period there are legion of lawyers, who have contributed immensely to the intellectual growth of the country. The likes of Nani Palkhivala, who was an Indian legal product rose to great height in the legal profession and also his contribution to the country as a thinker and nationalist has a few parallels in other professions. Lawyers by virtue of the study, learning and training have become the natural leaders in championing various social causes and are always in the vanguard of fighting for human rights and civil liberties, besides their contribution to the political development of the country. Ethical lawyering is not constricted to mere professional behaviour and conduct, but it includes professional competence as well. When an advocate accepts responsibility of representing his/her client’s interest, there is an implicit assumption on the part of the client that his/her interests are not trifled with but handled with, professionally. The word ‘professional’ denotes competence and how well lawyers are equipped to handle variegated responsibilities bestowed upon them is a matter of growing concern of all the stakeholders concerned. Over the years, considerable decline in competent levels is a matter of fact and the reasons for the fall are far too obvious, for instance mushrooming of law schools with dubious academic credentials. The ill-equipped lawyers from these schools have found devious means as an alternative route to immediate success. Larger the presence of such vicious ill-equipped professionals (an oxymoron of sorts), greater the peril to the institutional credibility at large. ‘The only man in whom ignorance of the law is not punished’ ‘Ignorance of law excuses no man, but lawyers’. Apart from the devious section of lawyers infiltrating into the system, whose presence is to be dealt with by the regulating body, there are quite a chunk of lawyers, who are genuine practitioners in the system, but unable to acquire necessary dexterity professional skill and deftness required for their growth towards attaining recognizable stature. In a country like ours, where societies are historically stratified, one cannot expect a homogeneous development of cognitive skills and development. Thus, discernment levels are understandably different. People from rural and rustic villages, from lower strata of society need to have their rightful place in the system. In a diverse country like ours any system should provide an inclusive level playing field for the disadvantaged to remain in contention and survive modestly. Of course, persons of this segment have to constantly engage themselves in self development by hard work and perseverance. No one can deny that the best dividend of hard work is the guarantee of success. Law in a classroom study helps one to have a bird’s eye view on the textual content of array of subjects. But, practice only makes the professional difference in one’s career, after graduation. The seeds of competence are sown when one enters the professional arena and to reap the fruits, continuous learning, unlearning, relearning is the evolving experience one has to go through. There have been very many great lawyers with rural background this profession had seen and been enriched in the past and they rose to prominence, overcoming all the odds. Even today many of the truly successful practitioners have originally hailed from rural areas and they have made it as role models in the profession with their unwavering commitment, passion and pride in being part of the noble profession. The concept of Schools of Excellence, National Law Schools and its kind is a recent development of two decades with elite pedagogical settings. The older generation of lawyers, who are still in the thick of their practice, are by and large have their origin in small towns and villages. If the learning and practice is passionately pursued, professional competence will be the natural result of such pursuit. Urban or rural, high or low, ultimately, self-development is what matters as the adage goes competence brings confidence. Self-development has many facets. For litigation lawyers, in particular, articulation is the most important tool, by which a lawyer can smartly and subtly shape the dithering and oscillating judicial mind. The ultimate art of advocacy is the art of persuasion. Communication skill is the foremost of all qualities, a lawyer must possess. Many cases are won or lost because of effective communication or lack of it. After all, judicial decision is primarily dependent on the competing submissions of parties through their lawyers. In fact, to excel in the profession, knowledge in subjects of humanities like history, philosophy and literature is a great value addition to lawyers. Walter Scott, a famous Scottish, novelist, play writer, an advocate himself has said ‘a lawyer without history or the literature is a mechanic, a mere mason. If he possesses some knowledge of these, he may venture to call himself an architect’. Adding to this, Leonardo da Vinci – a famous Italian Polymath of the 15th Century has said ‘Learning never exhausts the mind’. Learning is a continuous process of one’s evolution, particularly, for lawyers, who are constantly under pressure to perform in furtherance of their varying professional obligations on a day-to-day basis. Court craft is an indispensible psychological advantage, lawyers need to have. In the legal parlance, it is always believed that ‘Good lawyers know the law, but great the lawyers know the Judge’. To survive the vagaries of the system, Kaleidoscopic posturing is the essential attributes of Court craft. Successful lawyers are always great readers of different judicial minds and play upon their cases accordingly. A famous Hollywood actress Monika Bellucci has aptly observed the legal profession and said as ‘I think lawyers are such incredible actors can you imagine the performance they have to do everyday’. Without Court craft, a lawyer’s performance is reduced to a mere drudgery and perfunctory, which changes the destiny of the litigation many a time. Earlier, drafting was confined to traditional legal instruments that were by and large uncomplicated and straight forward, as there were only few instances of fraud, deceit, nefarious designs. But today, drafting assumes onerous importance due to the growing challenges and complexities in the last three decades or so, as a consequence of globalization. There has been exponential increase in the presence of Multinational Corporations, birth of indigenous corporate houses, I.T. Industries and allied services, impacting global markets. As a result of the booming economic activities, new avenues have been thrown open for engaging the professional services of lawyers/solicitors, for instance, drawing up of MOUs, Bonds, formation of companies and amalgamation, to cite a few. Drafting skills of the legal professional today is marked by the vast areas of expertise in subjects like Companies Act, Copy Rights Act, Trade Mark Laws, Intellectual Property Rights, Industry and Labour Laws. Rendering professional services in non-litigation areas, in respect of corporate and commercial laws, the lawyers have to measure up in honing their drafting skills to the expectation of the demanding corporate clientele. Lawyers/Solicitors have to therefore foresee possible legal complication that may arise from the contents of the documents drafted by them. Clarity of thought and command over the language are the greatest assets of the lawyers/solicitors. The individual responsibility of a lawyer in upholding the ethical professionalism is incapable of being assessed on the premise of uniform standardization. Each individual as human is made up of different predilections and prejudices and bred up in different economic and social settings, commonality of behaviour, conduct and competency, even in a professional sphere, may not be in tune with the laws of nature. Aldous Huxley – 20th Century English Writer and Philosopher rightly observed that ‘Good is a product of the ethical and spiritual artistry of individuals, it cannot be mass produced’. It is ofcourse not to suggest that the concept of ethical lawyering should vary from individual to individual. When the Code of Conduct is to be enforced across the Board in respect of the fundamental professional obligations of advocates towards their clients, Courts etc. are not to be judged with the variable standards, as Albert Einstein remarked that ‘relativity applies to Physics not ethics’. Another important facet of the Code of Conduct is, it enjoins upon the lawyer community as a whole to be truthful and faithful to the institution i.e. Courts. Lawyers are otherwise called as Officers of Court under the Bar Council Rules. They are under professional obligation to serve the interest of the institution in upholding the law and justice. Their fidelity to the institution at all times is what makes the institution stronger in its display of unfailing, sagacious disposition. How far an advocate can be truthful to the Courts when he or she is otherwise professionally obligated to his/her client to remain loyal is a seminal and profound question and by its very nature of its profundity, it eludes any compendious and sublime answer. In the face-off of two loyalties, choosing one over the other is a complex interplay of one’s conscience. As Officers of Court, the system places professional trust in the lawyers that their duty towards the institution is not to be compromised in order to succeed in advancing the interest of their clients. A common refrain is ‘a lawyer will do anything to win a case, sometimes he will even tell the truth’. The meaning of the saying is too obvious and needs no elucidation. In an era where acquisitive culture has become the mainstay of success in one’s life, the corollary effect of such culture invariably leads to rapacious hunt for money and more money. Material acquisition has come to symbolize prestige and power. It is therefore too much to expect that the lawyers to be absolutely truthful to the institution. As the saying goes ‘what is abused invites its own annulment’. Any Code of ethics if unduly unrealistic, will only invite abuses and breach in practice. Laws/Regulations in extreme, neither serve its purpose nor prevent its abuse. Either way it does not help the system to make its contribution to the social order. But at the same time, on a professional ground, where relationships are established, essentially on the basis of trust and confidence, the dominant lawyers cannot be allowed to play around without the rules of the game. Being loyal to clients, advancing and canvassing their grievances for the legal redress, are all part of ethical requirement. Lawyers may be justified in aggressively and vigorously pursuing the interests of their clients. But the ethical conundrum is when to draw the line between two overlapping loyalties in the performance of lawyers as part of their professional duty. Truly a dilemma of a dialectical inquiry, with no simple answer. Surely, under the cloak of serving their clients’ interest advocates cannot mendaciously adopt deceitful practice to hoodwink and undermine the system. In the guise of practicing Court craft, an advocate cannot become crafty and wily, divesting themselves completely of their responsibility towards Courts. Slant and wanton distortion of facts masquerading as interpretations out of professional necessity exposes the ugly, defiled and debased face of the justice delivery system. The lawyer community as a whole has an onerous and equal stakes in protecting the system from being denuded of its majesty due to the undesirable presence of slick and unscrupulous practitioners within its fold. Public veneration and esteem for the judicial system stem from the fact how the system is run and governed. If the prestige of the system is to be maintained, its integrity should be protected under all circumstances. Weakening of judiciary either by the insiders or outsiders is the beginning of the collapse of the rule of law and the civil society. The lawyers, who are respectfully addressed as Officers of Court, have to protect the system from being sullied, as their prestige and image go along with that of the institution. The foundational ethical standards which are kernel of the Code of Conduct envisaged in the Bar Council Rules do not change with times as it is said ‘the power of the lawyer is in the uncertainty of the law, so is the strength of the character lies in the uncertainty of times’. There are so many attributes of conduct and behaviour of advocates figure in the Rules like duties to opponents, colleagues etc. These are acts of civility between individuals, very ideal reminiscent of the 19th Century English Theologian and Poet, Cardinal Newman’s description of ‘gentleman’. Those acts at best are desirable, certainly not enforceable in practical sense. Whether a lawyer is suave, gentle or rash, cocky or reticent is a manifestation of characteristics of individuals. Niceties of behaviour, even within the professional framework, is a wishful requirement, but such requirements, though appear to be utopian and antiquated out of tune with the corrosive cultural mores of the present times, yet such requirements can at least be motivational reminders to the coming generations, of the qualities of behaviour expected of the lawyer community, which qualities certainly would make the profession noble in every sense. As a summation one cannot but acknowledge that being an active advocate is a pride in itself, no matter the general perception of the people, of the profession. There cannot be two opinions that the advocates are the saviours of people’s rights and liberties and no civil society can exist without the participation of the advocates in it. A civil society without lawyers is like a patient care without doctors. In a country where written Constitution reigns Supreme and the Constitutional Courts are assigned the role of guardians, to protect the Constitution from needless dilution, as Officers of Courts, advocates have a sacrosanct part in upholding the Constitutional values. The country, indubitably being a functional democratic state within the sacred framework of the Constitution and the Rule of Law, the community of lawyers becomes the pivot in sustaining the Constitutional democracy. The advocates’ contributions to the nation building and their fervent presence as bulwark to the society against any abuse by errant and deviant rulers and the administrators are too valuable to be ignored, notwithstanding the falling image of the profession. The pride associated with fulfillment, of the profession does not diminish by the shadows of passing clouds of the times. Tail Piece: Sanctimony is not the bottom line. It is the benign concern for the profession which is at the cross roads, of older generation with the traditional beliefs are gradually disappearing into retirement and the digital generation with the modern value system replacing them. The tentacles of the looming crisis of today have not left its devastating effect on every worldly activity, including all professions. In the legal profession, the younger lot have to bear the brunt of the curtailed functioning of the Court and of the shutdown of Corporate and commercial activities. Most of the Junior practitioners hail from humble background and have been surviving in the profession on the edge, eking out their living on the fringe earnings of day-to-day practice and its continuity. The glitzy side of the profession is only a small percentage at the top of the pyramid. The real side is at the crowded bottom, whose survival is a continuous struggle to remain afloat. A legal professional even after two decades of active practice does not feel his or her feet firmly on the ground because of the vicissitudes and the quirky nature of the profession. The truth is the profession is paradoxically volatile. Adding to the occupational woes, the present spell of misfortune, coupled with bleak and unsure future (the side effects of COVID-19) may in all probability shake the confidence and faith of the younger lawyers in the profession. But the crisis would only make them stronger and stable in the long run. As Winston Churchill said ‘sometimes it takes a crisis to shake us from our routine and push us to a better path’. Let us all hope for the return of the normal days sooner and the junior members of the Bar are out of the woods. Views are personal only.(Author is a Judge at Madras High Court) Next Storylast_img read more

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2021-05-26

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Jamia Violence: Making Direct Allegations Against Home Minister Is Irresponsible And Can’t Be Allowed, SG Tushar Mehta Tells Delhi HC

first_imgNews UpdatesJamia Violence: Making Direct Allegations Against Home Minister Is Irresponsible And Can’t Be Allowed, SG Tushar Mehta Tells Delhi HC Karan Tripathi5 July 2020 11:36 PMShare This – xDuring the hearing on a group of petitions seeking independent inquiry into the violence that broke out in Jamia Millia Islamia University last December, Solicitor General submitted before the Delhi High Court that direct allegations against the Home Minister Amit Shah are irresponsible statements and should not be allowed by the court. While addressing the Division Bench…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginDuring the hearing on a group of petitions seeking independent inquiry into the violence that broke out in Jamia Millia Islamia University last December, Solicitor General submitted before the Delhi High Court that direct allegations against the Home Minister Amit Shah are irresponsible statements and should not be allowed by the court. While addressing the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan, the Solicitor General submitted that the allegations made against the Home Minister in the rejoinder amount to irresponsible pleadings by the Petitioner as they are not backed by substantive evidence. The Solicitor General was responding to the rejoinder filed by one of the Petitioners, Nabila Hasan, which states that the Home Minister himself gave orders to the Delhi Police to mercilessly beat up the students who are carrying out a peaceful march. ‘You cannot malign a constitutional functionary like this’, SG Tushar Mehta submitted.Jamia Violence: Hearing begins before the Bench headed by Chief Justice of the Delhi HC#JamiaViolence pic.twitter.com/4P9HF3G7pr— Live Law (@LiveLawIndia) July 6, 2020While arguing that the said allegations expose the real intention of the Petitioner behind moving the present petition, the Solicitor General asked the court to deal with such allegations seriously. He said: ‘Irresponsible pleadings are becoming the order of the day. Such statements might look good in public speeches but not in affidavits submitted before a constitutional court. Article 226 of the Constitution cannot be invoked for such unsubstantiated claims.’ After taking these objections into consideration, and posing the same to the Petitioner, the court noted in the order that the Petitioner is willing to expunge the said allegations from the rejoinder. Subsequently, the court adjourned the matter till next Monday. The Petitioners are directed to submit a consolidated list of issues to assist the court during the proceedings. The said list is also supposed to be circulated among the Petitioners and must be served to the other party before the next date of hearing. The case pertains to violence that broke out at the campus of Jamia Millia Islamia University last December. While the police claims that the force used was proportionate to the violence committed by the mob, there are many students who are severely injured and are seeking registering of FIRs against the erring officials as well as compensation for their injuries. Next Storylast_img read more

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2021-05-26

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Powers Of A Hindu To Make A ‘Will’ Before And After Enactment Of Hindu Succession Act

first_imgKnow the LawPowers Of A Hindu To Make A ‘Will’ Before And After Enactment Of Hindu Succession Act Ashok Kini18 July 2020 1:30 AMShare This – xThe Supreme Court judgment in V. Kalyanaswamy(D) by LRS. vs. L. Bakthavatsalam(D) By LRS. has elaborately dealt with the legal principles regarding the execution of a Will. It held that, in a situation where both the attesting witnesses to a will are dead, it is sufficient to prove that the attestation of at least one attesting witness is in his handwriting. When both the attesting witnesses…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court judgment in V. Kalyanaswamy(D) by LRS. vs. L. Bakthavatsalam(D) By LRS. has elaborately dealt with the legal principles regarding the execution of a Will. It held that, in a situation where both the attesting witnesses to a will are dead, it is sufficient to prove that the attestation of at least one attesting witness is in his handwriting. When both the attesting witnesses are dead, it observed that there is no requirement of law that the attestation as required under Section 63 of the Indian Succession Act, viz., attestation by the two witnesses has to be proved. This aspect of the judgment is already dealt in an earlier report. The facts of the case can be read here.The Will in question was executed on 10.05.1955, i.e. before the enactment of Hindu Succession Act, 1956. However, the Supreme Court in its judgment examines the power of a Hindu to make a Will before and after the enactment of Hindu Succession Act. The following portion of this piece is a summary of observations made in this regard in the Supreme Court judgment authored by Justice KM Joseph.Before Hindu Succession Act The Court noticed that, though the treatises in Hindu Law do not contain reference to the concept of a Will, the courts have recognised the power of a Hindu to bequeath his separate and self-acquired properties even prior to the Hindu Succession Act being enacted. Before the Indian Succession Act, 1925, the Court observed that there was no particular law which governed the same. It further noted that the earlier Succession Act of 1865 was not applicable to Hindus. The Hindu Wills Act 1870 had limited application to Wills by Hindus in the town of Madras. The execution of a will by a Hindu also came to be regulated from the 1st of January, 1927 with the passage of Indian Succession Act of 1925. In the matter of an unprivileged will executed by a Hindu, the requirement of Section 63 which includes attestation of such a will by a minimum of two witnesses became mandatory. (Unprivileged Wills are the Wills that can be created by every person other than those who can create a privileged will, see section 65 of Indian Succession Act)  The court further noted that, in regard to a member of a joint Hindu family who also has his separate property, he could bequeath his separate property, even before Hindu Succession Act. If it was a joint family property, the power depended on three situations. Where the family remains joint in which case the coparcener would have an interest. As far as this interest is concerned, it could not be the subject matter of the will prior to the Hindu Succession Act. In a case where there is a disruption in title or a division in status, i.e there is a partition in the sense of a division in the joint family status caused by any unequivocal declaration by a coparcener which is communicated. It can be by words. It can be by conduct. It can also embrace the very filing of a suit for partition. When such disruption takes place then the share of the coparcener in the joint family property becomes a reality and takes concrete shape in accordance with law and the rights of the members of the family. This may or may not be accompanied simultaneously with a metes and bounds partition. In such a scenario under the law prior to the Hindu Succession Act, having achieved disruption in the joint family, the right based on the principle of survivorship perishes. The share of the coparcener becomes undeniable. Should he die intestate the share would go not to the other coparceners by survivorship but to his heirs. It also opens the door to the coparcener to exercise his right to bequeath his share in accordance with his wishes. This power was certainly available to a Hindu even prior to Section 30 of the Hindu Succession Act.Following a division in title or status in the family there is also a metes and bounds partition of the properties of the family in accordance with the share. It cannot be open to doubt that in fact, capacity of a Hindu to bequeath such property existed even prior to the Hindu Succession Act.After Enactment Of Hindu Succession Act The power of a Hindu to execute a Will came to be statutorily recognized in 1956 with the passage of Hindu Succession Act. The Section 30 of the Hindu Succession Act provides that any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her], in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus. The Explanation to this provision further clarified that the interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section.Elaborating this, the bench observed: After the passage of the Hindu Succession Act even without there being a partition in the sense of a declaration communicated by one coparcener to another to bring about the division it is open to a Hindu to bequeath his interest in the joint family. In other words, the words “interest in coparcenary property” can be predicated only when there is a joint family which is in tact in status and not when there is a partition in the sense of there being a disruption in status in the family. Thus, the right of a Hindu in the coparcenary joint family is an interest. Upon disruption or division, it assumes the form of a definite share. When there is a metes and bounds partition then the share translates into absolute rights qua specific propertiesTo conclude, the change brought in by the Hindu Succession Act is this: Even without there being a partition in the sense of a declaration communicated by one coparcener to another to bring about the division it is open to a Hindu to bequeath his interest in the joint family. Before the enactment, this ‘interest’ could not be the subject matter of a Will.   Next Storylast_img read more

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2021-05-26

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‘Humane & Appropriate’: SC Upholds MP HC Order Relaxing Penalty Imposed On Judicial Employees For Misconduct Of Having More Than 2 Children [Read Order]

first_imgTop Stories’Humane & Appropriate’: SC Upholds MP HC Order Relaxing Penalty Imposed On Judicial Employees For Misconduct Of Having More Than 2 Children [Read Order] LIVELAW NEWS NETWORK27 Aug 2020 8:20 AMShare This – xThe Supreme Court upheld a Madhya Pradesh High Court order which relaxed the penalty imposed on several judicial employees in District Court establishments for having more than 2 children. As per Clause (4) of Rule 22 of the Civil Services (Conduct) Rules, 1965, a Government servant having more than two children shall be deemed to be misconduct, if one of them is born on or…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court upheld a Madhya Pradesh High Court order which relaxed the penalty imposed on several judicial employees in District Court establishments for having more than 2 children. As per Clause (4) of Rule 22 of the Civil Services (Conduct) Rules, 1965, a Government servant having more than two children shall be deemed to be misconduct, if one of them is born on or after 26.1.2001. The Madhya Pradesh District Court Establishment (Recruitment and Conditions of Service) Rules, 2016 provided that the above Rules which were applicable to M.P. State Government employees shall apply subject to such modification, variation and exceptions by the High Court. Several employees were proceeded against for this misconduct of having 3 or 4 children and were imposed with a penalty of withholding two increments with cumulative effect. The High Court heard the challenge raised by the employees and modified the punishment of into one of censure. The High Court observed that the penalty as imposed of withholding two or three increments with cumulative effect or otherwise is disproportionate and against the principal of proportionality to the alleged misconduct.The High Court administration challenged this judgment before the Apex Court. While refusing to interfere with the High Court order granting relief to employees, the bench comprising the Chief Justice SA Bobde, Justices AS Bopanna and V. Ramasubramanian observed:We find no reason to interfere with this order of the High Court which is humane and appropriate for dealing with the alleged misconduct and we do not wish to interfere with the judgment of the High Court, insofar as it granted relief to judicial employees. Therefore that portion of the order of the High court granting relief to the respondents, is hereby confirmed.However, the bench set aside the High Court direction that all the cases [of misconduct] pending prior to 28.06.2019 before any of the District Judge, and the appeal pending on administrative side before the Registry of the High Court shall also be dealt with imposing the penalty of Censure. The court observed that the High Court committed a serious error in issuing general and overarching directions which were beyond the scope of the lis before it.Case DetailsCase nameTHE REGISTRAR GENERAL M.P. HIGH COURT JABALPUR vs. BASANT KUMAR GUPTA & ORS.Case no.Special Leave to Appeal (C) No(s). 2021-2029/2020CoramChief Justice SA Bobde, Justices AS Bopanna and V. Ramasubramanian Counsel Sr. Adv Ravindra Shrivastava, AAG Swarupma ChaturvediClick here to Read/Download Order[Read Order]Next Storylast_img read more

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2021-05-26

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SC Issues Notice On Plea Challenging AP HC Verdict Quashing Govt Decision To Convert Govt Schools To English Medium

first_imgTop StoriesSC Issues Notice On Plea Challenging AP HC Verdict Quashing Govt Decision To Convert Govt Schools To English Medium Sanya Talwar2 Sep 2020 11:16 PMShare This – xThe Supreme Court on Thursday isssued notice in a plea challenging the Andhra Pradesh HC Order which had quashed Government Orders seeking to implement English as a compulsory medium of instruction at primary level in all the Government Schools in the state.While declining the plea for interim stay on the HC order today, a bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra said…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Thursday isssued notice in a plea challenging the Andhra Pradesh HC Order which had quashed Government Orders seeking to implement English as a compulsory medium of instruction at primary level in all the Government Schools in the state.While declining the plea for interim stay on the HC order today, a bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra said that the prayer for interim stay will be considered on September 25.Senior Advocate KV Vishwanathan appearing for the State argued that stay needed to be put to force along with issuance of notice.”This is a progressive measure,” he said.Justice Chandrachud inquired about the implications of the HC order and said that  Section 29(2)(f) of the RTE Act stipulates that the medium will mean that ordinarily the medium should be in mother tongue “so far as it is applicable” unless not possible. “It seems the HC has taken this into account,” he remarked.Vishwanathan insisted that a stay was imperative as all mechanisms to effectuate this had been put to place. Senior Advocate Gopal Sankaranarayan appearing for the Caveator (Respondent) argued that this was about choice which is being taken away from the parents and children whereby Telugu-speaking schools being replaced with english medium. “The state should be fostering its mother tongue,” he contended. On April 15, a division bench of the Andhra Pradesh High Court led by Chief Justice JK Maheshwari had quashed the Government Orders seeking to implement English as a compulsory medium of instruction at primary level in all the Government Schools in the state.”The decision of the Government, converting the medium of instruction from Telugu to English medium from Standards I to VI or I to VIII as the case may be, en-bloc, is against the National Policy, on Education Act, 1968 and various other reports, therefore, it cannot be accepted, hence, the impugned G.O, is deserves to be set aside,” the high court has held.The order was passed while disposing of two petitions filed by an Assistant Professor for General Medicine at the ASRAM Medical College and a social activist who contended on the basis of recommendations made by the UNESCO and the Delhi Declaration and Framework for Action, Education for All Summit, 1993, that mother tongue is the best medium of instruction for the children to perform better.The division bench also comprising Justice Ninala Jayasurya undertook a detailed scrutiny of the pre and post-independence developments in the area and then held as follows:Article 19(1)(a):The High Court held that the option to choose medium of instruction in school education is a fundamental right. “Medium of instruction in which the citizen can be educated is the integral part of the Right to Freedom of Speech and expression,” the bench remarked.The bench observed that after education, citizens may be in a position to express their views freely in a language in which they were educated; and that is why the right to freedom of speech and expression is protected and conferred to a citizen, and is inclusive of the right to opt the medium of instruction in the mother tongue.It thus held,”In view of the foregoing, the right to freedom of speech and expression is protected and conferred to a citizen, which includes the right to opt the medium of instruction in the mother tongue or in any of the languages specified in the schedule of the Constitution of India, subjected to restrictions enumerated in Clause (2) of Article 19. Therefore, it can be concluded that, option to choose medium of instruction in school education, is a right guaranteed under Article 19 (1) (a) of the Constitution subject to the exceptions carved out by Article 19 (2) of the Constitution.”Article 19(1)(g):The bench also held that the Government order is violative of Article 19(1)(g) of the Constitution in so far as it infringes the ‘right to practice any profession freely’ of linguistic minority institutions to impart education in their minority languages.It was clarified that for the purposes of 19(1)(g) which is applicable to any profession, occupation, trade and business, running an educational institution is occupation under Article 19 (1) (g), as held by the Supreme Court in TMA Pai Foundation & Ors. v. State of Karnataka & Ors., AIR 2003 SC 355.”The restrictions, imposed by the G.O., on all the managements would cover the educational institution run by the private linguistic minority management and such an act may fall, to affect the running of the institution, in violation of Article 19 (1) (g) of the Constitution,” the court held.Section 29 of the RTE Act:The court noted that Section 29 of the Right of Children to Free and Compulsory Education Act, 2009, which relates to curriculum and evaluation of elementary education, provides that the academic authority should look into the norms for all-round development of child-building, child’s knowledge, potentiality and talent, development of physical and mental ability to the fullest extent.The provision also stipulates that the medium of instruction will be in the child’s mother tongue as far as practicable, to make the child free of fear, trauma and anxiety and to help the child to express his/ her views freely and in conformity to the values enshrined in the Constitution.Thus, the court held that the impugned GO is contrary to the Central legislation.Section 7 of the Andhra Pradesh Education Act, 1982A similar observation with regard to importance of imparting education, skills of articulation, etc. in mother tongue has been made under Section 7 of the Andhra Pradesh Education Act, 1982.Further it was observed that the State Government alone does not have the power for changing the medium of instruction in the schools at primary stage. Rather, Section 7(3) and 7 (4) of the Act provide that SCERT (State Council for Education, Research and Training, Hyderabad, Andhra Pradesh) will be the academic authority, which may after holding consultation with the prescribed authority, specify the curriculum, framework and the evaluation mechanism along with continuous comprehensive evaluation for the children in the school.”the State Government alone was not having power for changing the medium of instruction in the schools at primary stage… it is clear that the preparation of the curriculum is a function of the SCERT with the consultation of the Rajiv Vidya Mission as per the norms decided by NCERT to achieve the object as specified in clauses (a) to (h) of Section 29(2) of the RTE Act,” the court held.The bench further stated,”The stand of the State Government that medium of instruction English is in the benefit of the citizens, being more beneficial in the place of mother tongue at the primary stage of education is absolutely contrary to the law laid down by the Apex Court supra. In fact, en-bloc change of the medium of instruction to “English” in place of mother tongue “Telugu” in the State of Andhra Pradesh, by the stroke of pen taking away the right of the citizen for making choice of medium of instruction of education, affects Article 19 (1) (a) of the Constitution of India.”As per the prevalent scheme, the medium of instruction for the children studying in schools in the state of Andhra Pradesh is in the mother tongue i.e., Telugu, and by parallel classes both in English and Telugu as per the choice of the child or parent.Click here to Read/Download OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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2021-05-26

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