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JOINING DATE
DATE: 27th
JANUARY, 2012
Place: NYAY DARSHAN
NIZAMPURA, VADODARA
On 27th January I arrived at the NGO at 10 oclock. We are the six students who
join the NGO. We met Father P.D.Mathew, Director of the NGO. We had an
introductory meeting with all the activities. Then we came to know about the
purpose of NGO and planned a schedule of one month internships. The NGO
works for the Human Rights.
Father had introduced with their staff. Mr. Patrick Christy of the NGO
and had interviewed to know about the organization.
After that we left the NGO at 1pm.
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INTRODUCTION
DATE: 28TH
JANUARY, 2012
NYAY DARSHAN - Centre for Human Rights and Justice is a new initiative taken
up by the Gujarat Province of the Jesuits. It is headed by P.D.Mathew S.J. who
is a Jesuit priest of the Gujarat Province and lawyer by profession.
This centre was started on 1st
January 2007. Since it is a new venture, it is
making efforts to broaden up its vision and mission. The main activities of this
Institute includes-
Legal literacy campaign through schools, boardings, colleges,
universities, formation houses, training centres of NGOS;
Conducting pare-legal training courses for social animators;
Publication of periodicals, leaflets on laws and legal issues;
Legal counselling to affected people;
Out of court settlement of cases; Dissemination of information service on laws, judgement and
government welfare schemes;
Organizing socially committed lawyers at district level to take up cases
related to violations of human rights.
These are the glimpse of the activities being carried out by NYAY DARSHAN.
The Director and the Coordinator of the Centre are invited by various
educational institution and NGOs as resource persons to conduct trainingcourses on laws and Human Rights.
We are also making efforts to form a group of lawyers to help us out in the
cases pertaining to violations of human rights and injustice. We are in contact
with them and have meeting and discussion on regular base.
Many cases of family disputes, domestic violence, marriage disputes are
referred to the centre. We help them out through the process of reconciliation.
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The affected parties go back with peace of mind. This process prevents people
from going to police stations and the courts.
The centre is aware of the difficulties and hurdles poor people face in getting
the benefits of the governments schemes and scholarships. There are many
government schemes available, but people do not know about it. We, at the
centre collect all the information of government schemes related to the
weaker sections.
The monthly APANA ADHKAR (our rights) was being published by BSC,
Ahmadabad, one of the Jesuit Social Institute of the Province till May, 2008.
Now NYAY DARSHAN has taken up the responsibility of publishing it every
month. This magazine provides news and views on current affairs on laws and
judgments and government welfare schemes related to the weaker sections.
There is a general belief that only lawyers and law students can understand or
explain the different Acts. NGO publishing leaflets on various laws and human
rights. There leaflets are printed in simple languages so that common people
can understand their legal rights. These are printed in English and Gujarati
languages and widely appreciated by people and NGOs. These leaflets are very
much used as resources material.
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OBJECTIVES OF THE ORGANIZATION
Objectives of our organization are mainly to promote human rights and justiceto the weaker section of society,
To promote legal literacy through schools, colleagues, boarding, parishes
and other educational institutions.
To organize talks, discussions, seminars and workshops on legal issues
affecting the poor
To impart legal counselling to clients and to settle cases amicably
To publish a monthly called APNA HAKKO and leaflets and booklets on
various rights of the common people
To make people aware of the various welfare schemes and the free legal
aid schemes initiated by the central and state government
To train social activities on various laws and welfare schemes
To file litigation in different courts on behalf of the marginalized whose
rights are violated
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DATE: 29TH
JANUARY, 2012
Today we came to NGO at 9:30 am and we had a brief discussion about the
NGOs structure and an introduction of the staff members of the NGO. We
were then left alone and we had an introduction among all the interns here.
We were then given leaflets containing the different rights available under the
Constitution of India and Indian Penal Code (IPC).
We were all given different topics. And we told that we had to study on the
topics given by Father P. D.Mathew and would be having group discussions onthe successive days.
So, we thereby had a discussion and left the NGO at 1pm.
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DATE: 30TH
JANUARY, 2012
Today we came to 9:30 am. As earlier disclosed in my report today we are
going to have a group discussion. My topic was rights of children. Below is a
brief summary of my discussion as on the day.
INTRODUCTION
Children are the greatest gift to humanity. They are the potential human
resources for the progress of any society. It is the duty of state to create a
proper atmosphere to develop them physically, mentally, socially, and
spiritually.
THE GOAL OF THE CONSTITUTION OF INDIA
The goal of the constitution is to promote justice, liberty, equality, fraternity,
and human dignity for all citizens including children. This is the stated in the
preamble of the constitution.
EQUAL STATUS (article 14)
Every child born in India is an Indian citizen. Boys and girls have equal status in
India under article 14. They have to be treated equally by the status.
DISCRIMINATION (article 15)
Discrimination here means distinguishing unfavourably from others. Article
15 of the constitution prohibits the state from making discrimination on the
basis of gender.
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UNTOUCHABILITY (article 17)
Article 17 of the constitution prohibits untouchability. Its practice in any formis punishable under the protection of civil rights act, 1955.
RIGHT TO LIVE WITH HUMAN DIGNITY (article 21)
According to article 21 of the constitution the most important fundamental
right of a child is the right to live with human dignity. This implies that children
have the right to the basic amenities of life to grow as a dignified human being.
RIGHT AGAINST FORCED LABOUR (article 23)
Article 23 of the constitution prohibits trafficking of children and their forced
labour.
SOPONSORSHIP PROGRAMME
The sponsorship programmes are made to provide supplementary support to
juveniles, to children homes and to special homes to meet the medical,
nutritional, educational and other needs of the children with a view to
improving their quality of life.
RIGHTS OF UNBORN CHILDREN
Right to birth
Right to develop
LEGAL ABORTION
1) HEALTH GROUND- when there is a danger to the life or risk to physical or
mental health of the women
2) HUMANITARIAN GROUND- when pregnancy is caused as a result of sex
crime or intercourse with a lunatic women, etc. and
3) ON EUGENIC GROUND- when there is a substantial risk that the child, if
born, would suffer from deformities and disease.
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RIGHT OF CHILDREN FOR JUSTICE,
CARE AND PROTECTION
The Juvenile Justice (care and protection of children) act 2000.
OBJECTICE
To consolidate and amend the law relating to juvenile in conflict with
law, and children in need of care and protection
To provide for their proper care, protection and treatment by catering to
their developmental needs and by adopting a child- friendly approach in
To provide for their rehabilitation through various institutions
established under this act
CHILD OFFENDER
When a child commits an offence (a crime) he/ she should be referred to a
Juvenile Justice Board consisting of a Magistrate and two social workers (one
should be a woman).
BAIL OF A CHILD-OFFENDERWhen a child-offender accused of a bail able or non-bail able offence, is
arrested or detained or appears, or is brought before a board he must be
released on bail with or without surety.
INQUIRY BY THE BOARD REGARDING JUVENILE
A board should hold an inquiry within four months and make appropriate
order when a child-offender is produced before it.
ORDER BY THE BOARD
To allow the child-offender to go home after giving advice or
admonition
To do community service
To pay fine
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To be released on probation of good conduct under the care of any
parent guardian or other fit person or organization
To stay in a reform-home
PUNISHMENT FOR GIVING INTOXICATING LIQUOR OR
NARCOTIC DRUG
Imprisonment up to 3 yrs and fine as a penalty.
We left the NGO at 1pm.
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Date: 31th
JANUARY, 2012
Today we came to NGO at 9:30 am. As earlier disclosed in my report today we
are going to have a group discussion on the topic of human rights which was
given to one of our teams. We all had a group discussion and cross questioning
in the presence ofFr. P.D.Methew. Below is a brief summary of our discussion
on the day.
HUMAN RIGHTS
All the state governments should take steps to strengthen their state Human
Rights Commissions. Mere setting of the State Human Rights Commission will
not serve any purpose, if they are not provided with sufficient manpower and
infrastructure for their effective functioning.
The states which do not have Human Rights Commission should also
take steps to set up them at the earliest.
The states governments need to appreciate that the Human Rights
Commissions are meant to facilitate good governance. They are for the
help of the administrative and the people of the country to achieve their
social, cultural and economic rights.
NHRC can assist in providing material and resource persons to the State
Human Rights Commission for the training of their personnel in the area
of human rights.
It is hoped that the State Human Rights Commission will improve their
Complaint Management System with the assistance of NHRC.
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UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 1- Right to be equal in dignity
Article 2- Right against discrimination
Article 3- Right to Life & Liberty
Article 4- Right against the Practice of Slavery
Article 5- Right against Torture
Article 6- Right to be recognized as a person
Article 7- Right to equal protection of the law
Article 8- Right to an Effective remedy
Article 9- Right against arbitrary arrest
Article 10- Right to a fair and Public Hearing
Article 11- Right to be presumed Innocent until proved guilty
Article 12- Right to privacy
Article 13- Right to Freedom of Movement
Article 14- Right to seek Asylum from Persecution
Article 15- Right to Nationality
Article 16- Right to Marry
Article 17- Right to own Property
Article 18- Right to Freedom of Religion
Article 19- Right to Freedom of Opinion
Article 20- Right to Freedom of Peaceful Assembly and Association
Article 21- Right to take part in the government
Article 22- Right to Social Security
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Article 23- Right to Work
Article 24- Right to Rest & Leisure
Article 25- Right to a Standard of living Adequate for Health & Well-being
Article 26- Right to Education
Article 27- Right to participate in the Culture Life of the Community
Article 28- Right Enjoy the Rights and Freedom of this Declaration
Article 29-Everyone has duties to the community
Article 30- Right to protect the rights declared in the above article
So, we thereby had a discussion on the following articles and left the NGO at
1pm.
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DATE: 1 FEBRUARY, 2012
Today I had a visit to Nari Saurkshan Gruh at Nizampura. I reached at 11am.
Here is the brief description about the visit.
NARI SAURKSHAN GRUH
It is working for women, girls. In this NGO all facilities are provided by
government. The total capacity of this NGO is 100. But on 1-2-2012, 52 girls
and women were there. The strength would be fluctuating as per cases.
There were separate room facilities for girls who were normal/sound. Unsound
and mentally retired girls and women were kept at separate rooms. Many staff
members are appointed there for the mentally retired girls and women. The
campus was very neat and clean.
We met with a madam who was appointed as medical trainer. Food, cloths,
medical facilities etc. were provided by govt. There were very nice facilities for
them. A separate big kitchen attached with dining hall was there. Foods which
were provided are very healthy for the girls and women. They gave entry to
street girls, orphan girls, and women.
Those girls who wanted to study they admitted them to Nauyu School. They
also provided transportation for school. Some persons who interested invest
their money for the development of girls.
We left at 1pm.
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DATE: 2nd
FEBRUARY, 2012
Today we came to NGO at 9.30 oclock. Today we had a visit ofRegistration
Office of Birth, Death and Marriage and Taluka panchayat and Jillapanchayat.
Firstly, we went to visit Registration Office of Birth, Death and Marriage at
Badamdi baug. I came to know about what is the procedure for the
registration. I got some information about the registration of the birth and
death of the persons. For e.g. if person death in private hospital, should be
register at their own or if persons death in government hospital, he got
registration.
And after that we went to visit Taluka panchayat and Jilla panchayat. I got
good frame of reference by Sudhir V. Joshi, District health organizer.
There are three layers.
Firstly, Grampanchayat;
Secondly, Taluka panchayat;
Thirdly, Jilla panchayat.
In Jilla panchayat, 1568 villages and 12 Talukas covered. 5 out of 12 taluka is
under tribal area. Tribal areas are Sankheda, Kauvant, Nasvadi, Pavi-jetpur and
chhota-udeypur. They held video conference every month at district level for
smooth and better functions of government proceedings.
There are 100 schemes for tribal areas which is recognized by government.
Government gives grant of crores of rupees to every Jilla panchayat. Nowadays
government keeps focus on some health issue also.
Like,
RSBY- Rastriya Shastri Bimal Yojna
IAY- Indian Aavas Yojna
BSY- Balika Samridhi Yojna
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Rajiv aarogyasri community health insurance schemes for BPL
families..
OBJECTIVES:
To improve access of BPL families to quality medical care for
treatment of diseases involving hospitalization and surgery
through an identified network of health care providers. In the
initial phase, the scheme would provide coverage for the
following system;
Heart
Cancer
Neurosurgery
Renal diseases
Burn
Poly trauma cases (except cases covered under motor
vehicle accidents.)
Thus, we ended our session here with very important information at 1pm.
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DATE: 3RD
FEBRUARY, 2012
Today I had a visit to the Family court with Jay Kumar (advocate) member of
NAYA DARSHAN. I reached at 11am.
We had listened to many cases some brief of them are discussed below.
We had a case regarding maintenance of wife after divorce. Husband did not
give maintenance to his wife for 8 years. The judge gave 285 days of
imprisonment to the husband.
In another divorce case filed in 2006 and case regarding maintenance of wife
and child in this case priory wife has file case under sec 125 but after that court
has only approve her daughters share according to sec 331 so she then again
file for own sac differently under section336 but procedure still going on
because lack of proper evidence date has given further.
At that day we got to know in one of the verdict judge has declare that whose
maintenance has approve less than 10,000 she should get at least 500rs permonth and in text slot who has approved till 50,000 she should get 1000 per
month and above this limit should given 1500 per month as maintenance.
I left court at 1 pm.
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DATE: 4TH
FEBRUARY, 2012
We came to NGO at 9:30 am and today we had discussion on the topic of Right
to Information Act 2005. So here is a brief description of our discussion on the
day.
Right to information
The act applies to all states and union territories of India except the State of
Jammu and Kashmir. Jammu and Kashmir has its own act called Jammu and
Kashmir Right to Information act 2009.
PASSED
This law was passed by parliament on 15 June 2005 and came fully into force
on 13 Oct 2005.
IMPORTANCE
To control corruption in administration
To hold government and their agents accountable
It is essential that citizens are given adequate information about their
functioning.
CONSTITUITONAL BASE
There are two constitutional guarantees on the basis of which this right was
enacted and those are Fundamental Right to thing and express (article 19) and
Right to live with human dignity (article 21).
OBJECTIVES
The objectives of this law (ACT) are to ensure greater and more effective
access to information.
PUBLIC AUTHORITY
Public authority means any authority or body or institution established by
any government or its agencies (parliament, state legislature, and
jurisdiction) and NGOs substantial funded by any government.
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DUTIES OF PUBLIC AUTHORITY
To maintain all the public records duly categorized and indexed. They
must be computerized, if possible, to facilitate the right to information.
To publish all information related to the organization, its functions and
duties, the powers and duties of its officers and employees; the
procedure followed in the decision making process; the norms set up by
it for the discharge of its functions; its programmes and projects;
categories of documents under its control; and important decisions
which affect the public.
The names, designations and others particulars of the public information
officers.
REQUEST FOR OBTAINING INFORMATION
We make a request for obtaining information in writing or through electronic
means. Such a request may be made in English or Hindi or in the official
language of the area. The application must be accompanied by the prescribed
fee.
The application should be made to the Central Assistant Public Information
Officer or the State Assistant Public Information Officer; or the Central Public
Information Officer or State Public Information Officer of the concerned public
authority.
DISPOSAL OF REQUEST
1) The admission or rejection of application should be made within 30 days.
2) When the information sought concerns the life or liberty of a person
then the information should be provided within 48 hours of the receipt
of the request.
PAYMENT OF FEES
1) When the information is to be provided in printed or any electronic
format then the applicant must pay the prescribed fees. The feescharged must be reasonable.
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2) No fees will be charged from persons who are below poverty line (BPL)
3) If public authority fails to provide information within specific time limit
then the applicant should be provided information free of charge
MEMBERS OF THE CENTRAL INFORMATION COMMISSION
The chief information commissioner and about 10 Central Information
Commission are the members.
EXEMPTION FROM DISCLOSURE OF INFORMATION
Information that lead to incitement of an offence
Information which has been expressly forbidden to be published by any
court of law
Information received in confidence from foreign governments
Information that would endanger the life or physical safety any person
Information regarding the private life of an individual and which has no
relationship to any public activity or interest
Information that would affect the process of investigation or
apprehension or prosecution of offenders
Information adversely affecting the sovereignty,
Integrity and the security of India, strategic, scientific or economic
interests of the State, relation with foreign State
We left the NGO at 1pm
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DATE: 6 FEBRUARY, 2012
Today I had a visit to the CONUMER FORUM. We reached at 11am. We saw
many cases. Here is the brief description about consumer protection act and
the rights of consumer.
CONSUMER PROTECTION
Consumer protection consists of laws and organizations designed toensure the rights of consumers as well as fair trade competition and thefree flow of truthful information in the marketplace. The laws aredesigned to prevent businesses that engage in fraud or specified unfairpractices from gaining an advantage over competitors and may provideadditional protection for the weak and those unable to take care ofthemselves. Consumer protection laws are a form ofgovernmentregulationwhich aims to protect the rights ofconsumers.For example, a government may require businesses to disclose detailedinformation about productsparticularly in areas where safety or publichealth is an issue, such as food. Consumer protection is linked to the
idea of "consumer rights" (that consumers have various rights asconsumers), and to the formation ofconsumer organizations, which helpconsumers make better choices in the marketplace and get helpwithconsumer complaints.
Other organizations that promote consumer protection includegovernment organizations and self-regulating business organizationssuch as consumer protection agencies and organizations, theFederal,ombudsmen,Better Business Bureaus, etc.
A consumer is defined as someone who acquires goods or services fordirect use or ownership rather than for resale or use in production andmanufacturing.
[1]
Consumer interests can also be protected by promoting competition inthe markets which directly and indirectly serve consumers, consistentwith economic efficiency, but this topic is treated in competition.
CONUMER LAW
Consumer protection law or consumer law is considered an area of lawthat regulatesprivate lawrelationships between individual consumers
http://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Consumerhttp://en.wikipedia.org/wiki/Consumerhttp://en.wikipedia.org/wiki/Consumerhttp://en.wikipedia.org/wiki/Consumer_organizationhttp://en.wikipedia.org/wiki/Consumer_organizationhttp://en.wikipedia.org/wiki/Consumer_organizationhttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Ombudsmanhttp://en.wikipedia.org/wiki/Ombudsmanhttp://en.wikipedia.org/wiki/Ombudsmanhttp://en.wikipedia.org/wiki/Better_Business_Bureauhttp://en.wikipedia.org/wiki/Better_Business_Bureauhttp://en.wikipedia.org/wiki/Better_Business_Bureauhttp://en.wikipedia.org/wiki/Consumer_protection#cite_note-0http://en.wikipedia.org/wiki/Consumer_protection#cite_note-0http://en.wikipedia.org/wiki/Consumer_protection#cite_note-0http://en.wikipedia.org/wiki/Private_lawhttp://en.wikipedia.org/wiki/Private_lawhttp://en.wikipedia.org/wiki/Private_lawhttp://en.wikipedia.org/wiki/Private_lawhttp://en.wikipedia.org/wiki/Consumer_protection#cite_note-0http://en.wikipedia.org/wiki/Better_Business_Bureauhttp://en.wikipedia.org/wiki/Ombudsmanhttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_organizationhttp://en.wikipedia.org/wiki/Consumerhttp://en.wikipedia.org/wiki/Regulation7/30/2019 Final Report of University
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and the businesses that sell those goods and services. Consumerprotection covers a wide range of topics, including but not necessarilylimited toproduct liability,privacy rights,unfair businesspractices,fraud,misrepresentation, and other consumer/business
interactions.Consumer protection laws deal with a wide range of issues includingcredit repair,debt repair, product safety, service and sales contracts, billcollector regulation, pricing, utility turnoffs, consolidation, personal thatmay lead tobankruptcy.
RIGHTS OF CONSUMER
1. The Right to Safety - to be protected against the marketing of goodswhich are hazardous to health or life.
2. The Right to Choose - to be assured, wherever possible, access to avariety of products and services at competitive prices: and in those
industries where competition is not workable and Government regulation
is substituted, an assurance of satisfactory quality and service at fair
prices.
3. The Right to Information - to be protected against fraudulent, deceitfulor grossly misleading information, advertising, labelling, or other
practices and to be given the facts s/he needs to make an informed choice.
4. The Right to be heard - to be assured that consumer interests willreceive full and sympathetic consideration in the formulation of
Government policy, and fair and expeditious treatment in itsadministrative tribunals.
After that we left at 1pm.
http://en.wikipedia.org/wiki/Product_liabilityhttp://en.wikipedia.org/wiki/Product_liabilityhttp://en.wikipedia.org/wiki/Product_liabilityhttp://en.wikipedia.org/wiki/Privacy_rightshttp://en.wikipedia.org/wiki/Privacy_rightshttp://en.wikipedia.org/wiki/Privacy_rightshttp://en.wikipedia.org/wiki/Unfair_business_practiceshttp://en.wikipedia.org/wiki/Unfair_business_practiceshttp://en.wikipedia.org/wiki/Unfair_business_practiceshttp://en.wikipedia.org/wiki/Unfair_business_practiceshttp://en.wikipedia.org/wiki/Fraudhttp://en.wikipedia.org/wiki/Fraudhttp://en.wikipedia.org/wiki/Fraudhttp://en.wikipedia.org/wiki/Misrepresentationhttp://en.wikipedia.org/wiki/Misrepresentationhttp://en.wikipedia.org/wiki/Misrepresentationhttp://en.wikipedia.org/w/index.php?title=Debt_repair&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Debt_repair&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Debt_repair&action=edit&redlink=1http://en.wikipedia.org/wiki/Bankruptcyhttp://en.wikipedia.org/wiki/Bankruptcyhttp://en.wikipedia.org/wiki/Bankruptcyhttp://en.wikipedia.org/wiki/Bankruptcyhttp://en.wikipedia.org/w/index.php?title=Debt_repair&action=edit&redlink=1http://en.wikipedia.org/wiki/Misrepresentationhttp://en.wikipedia.org/wiki/Fraudhttp://en.wikipedia.org/wiki/Unfair_business_practiceshttp://en.wikipedia.org/wiki/Unfair_business_practiceshttp://en.wikipedia.org/wiki/Privacy_rightshttp://en.wikipedia.org/wiki/Product_liability7/30/2019 Final Report of University
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DATE: 7 FEBRUARY, 2012
Today I had visit to slum area situated in behind Fatehgunj. Here is the brief
description on slum area.
INTRODUCTIONSlums are squalid sections of a city or town, areas in which mostinhabitants are in or near poverty, stores and residences are cheap anddilapidated, and streets are narrow and blighted. Slums have beencreated in various locations; where they arise depends upon political and
economic conditions in a community.
SLUM CONDITIONS AND CAUSESSlums are usually the most stigmatized parts of a city or town (otherareas carrying high social stigma, such as skid rows, red-light districts,and docks, often are located near slum neighbourhoods). In the mind ofthe general public, the disrepute and stigma of the slum area washesonto the people who frequent or inhabit it. When most people think of aslum they think of residents who deviate from the morals, norms, andstandards of public decency held up by the wider conventionalcommunity (i.e., people involved in serious crime, drug and alcoholabuse, juvenile delinquency, gang violence). People also frequently
invoke the concept ofsocial disorganization to describe the slum; inother words, they see it as an area lacking the sociocultural institutions,order, coherence, and predictability found in more economically stableenvironments.Sociologists and anthropologists, however, paint a more nuanced pictureof slum life. Research shows that a broad range of individuals and
households live in slums, from theroutine-
seekers and decent residents, who abide by the norms and values of
the larger society, to the action-seekers and street folk, who are morelikely to flout or reject those standards (Gangs 1962; Anderson 1999).Additionally, research on slums often highlights the ways in whichongoing life is organized rather than disorganized. Communicationchannels, interpersonal obligations, status symbols, local institutions,and public etiquette usually do exist in a slum, although these may bequite different from those of middle-class neighbourhoods in a city orsuburb. As the literature on local community organizing in slum areas
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shows, outsiders often are surprised at how much potential or actualorganization exists (e.g., in the form of leadership and engagement inlocal social networks) even in allegedly disorganized poorneighbourhoods. Having said this, one must not romanticize slums as
bastions of salt-of-the-earth authenticity; all too often life in them is shortand brutal, with miserable living conditions and wasted human potential.It is tempting to think that slums are an urban anomaly produced onlywhen something goes terribly wrong in a city. However, the highprevalence of slums and the ease with which they grow suggests thattheir causes lie in conventional and institutionalized routines of businessas usual. Urban space is stratified as the most powerful people or thosewith the greatest wealth occupy the most desirable parcels of land. Incities where land and housing are commodities, the most desirable landis expensive, and the worst locations (e.g., noisy, wet, polluted) arecheap. Early slums developed when people built crowded substandardhousing on the cheapest land and rented it to poor households withearnings too low to allow them to live in better but more costly areas.Beyond that simple process, the creation of slums involves more subtlecauses of concentrated poverty and property decline.
By definition, cities and towns that have in their neighbourhoods amixture of housing types and the full price range in housing, fromcheapest to most expensive, are places that do not have highly
concentrated poverty, since the poor can live dispersed in fairly closeproximity to the non poor. Also by definition, places where only theaffluent reside are places that have no concentrated poverty in them;although, by excluding the poor, such places may contribute to theconcentration of poverty in other locales. For concentrated poverty tooccur, the non-poor must have the desire and ability to distancethemselves from the poor. This desire arises from several sources. Oneis the search for status (prestige and respectability); the poor are oftenperceived as uncouth, ignorant, or disreputable, and the non poor gainstatus by disassociating themselves from the poor. This is especiallytrue if, as is often the case, the poor belong to a stigmatized racial or
ethnic group. Ones address becomes a prestigious status symbol if one
lives in an area reserved for the right kinds of people. Such classconsciousness coupled with aversive racism creates a related motive forconcentrated poverty: fear of declining property value and/or the desirefor property value appreciation. When the poor and/or racial-ethnicminorities are seen as harmful threats to community health and stability(e.g., lowering the quality of schools, raising the crime rate, spreading
disease, not keeping up their yards or homes), then attempts to excludethem are made, which if successful leaves them in areas of highly
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concentrated poverty. On the other hand, if efforts to exclude the poorare unsuccessful and some do enter a neighbourhood, then undercertain conditions, a self-fulfilling vicious circle of out-movement andavoidance of the area by the affluent coupled with declining property
values occurs, as affluent people refuse to pay top dollar for housing in
or close to areas in which the undesirables live and instead move toother more secure, better locations.
CAUSES OF DETERIORATIONA slum is more than an area of concentrated poverty; it is an area ofphysical and social deterioration. Several mechanisms cause this
deterioration. One is red-lining by financial and insurance institutions.
Older areas with less affluent residents are perceived as not profitableenough for home or business loans and insurance coverage, whichprevents the repair and improvement of dwellings and buildings. Inabilityto obtain insurance coverage makes it difficult or unwise for businessesor home owners to remain in red-lined neighbourhoods. Absenteelandlords and speculators also play a role if they are unwilling or unableto properly maintain properties and instead extract from their buildingsmaximum rent while investing the minimum in upkeep, until they becomedilapidated or uninhabitable. Boarded up or semi-abandoned buildingsget used by transients or for drug use and become the objects of arson
(for insurance money orkicks), and a broken windows phenomenamay emerge as residents or outsiders commit further damage andcriminal acts because they see nothing to restrain destructive impulses(Wilson and Kelling 1982). Outsiders dump garbage in theneighbourhood, crime increases, and most people who seek to betterthemselves leave the area if they are able.
We left at 1pm.
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DATE: 8th
FEBRUARY, 2012
I came to NGO at 9:30am and today we had discussion on the topic of rights of
minorities. So here is a brief description of our discussion on the day:
The Scheduled Caste and the Schedule Tribes (prevention of
Atrocities) Act
The special protection given to the schedule castes, schedule tribes and
backward classes under the constitution
Scheduled caste means such castes, races or tribes or part of, or group withinsuch castes, races or tribes as are deemed under article 341 to be schedule
caste of constitution.
Article 366(25) defined schedule tribes as (ST) STS are such tribes or tribal
communities or part of tribal communities or parts or groups within such tribes
or tribal communities as are deemed under article 342 to be schedule tribes
for purpose of constitution
An act to prevent the commission of offences of atrocities against the
members of the Scheduled Castes and Scheduled tribes, to provide for Special
Courts for the trial of such offences
Sec. 2 (a) atrocity means an offence punishable under Sec 3.
Sec. 3 whoever not being a member of a Scheduled caste or Scheduled tribes
(i) Forces a member of a Scheduled Castes or Scheduled Tribes
(hereinafter referred to as SC & ST) to drink or eat any inedible or
obnoxious substance;
(ii) Acts with intent to cause injury, insult or annoyance to any
(iii) Forcibly removes clothes from the person of a member of SC & ST by
dumping excreta, waste matter, carcasses, or any other obnoxious
substance in his premises or neighbourhood;
(x) Intentionally insults or intimidates with intent to humiliate a member
of a SC or ST in any place within public view.. Shall be punishable
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with imprisonment for a term which shall not be less than six months
but which may extent to five years..
(2) Whoever not being a member of SC or ST-
(I) Gives or fabricates evidence intending thereby to cause, or knowing it
to be likely that he will thereby cause, any member of SC & ST to be
convicted of an offence which is capital by the law for the time being
in force shall be punished with imprisonment for life; and if any
innocent member of a SC & ST be convicted in consequence of such
false or fabricated evidence, the person who gives or fabricates such
false evidence shall be punished with death.
Sec 14 Special courts for the purpose of providing for speedy trial, the state
government may constitution a special court to try the offences in this Act.
Sec 21. Duty of the government to take adequate measures to implement the
Act
(i) The government shall provide adequate facilities, including legal
aid, to the persons subjected to atrocities to enable them to avail
themselves of justice;
(iii)The provision for the economic and social rehabilitation of the victims
of the atrocities
So, I thereby had a discussion on the above articles and left the NGO at
1pm.
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DATE: 9th
FEBRUARY, 2012
Today, I came to NGO at 9:30 am . We had a visit to KUBER BHAVANat kothi
char rasta.
In KUBER BHAVAN, there are total nine floors. In different floor
there are consider various type of work.
Such as,
Sales tax work;
District Assistant Examiner like, Local fund accounts;
Registered Office (In Registered Office they are consider property
registration like, land , buildings, etc);
Executive Engineer and Irrigation Work;
Auditors offices and Consumer office;
Senior Geologists office (Its work for the finding Earths structure of its
land, surface and origins);
Minor Exploration Centre (Its work the find out oil, minerals, etc);
Town Planning and Valuation Department Office of the Senior town
planner;
Woman Police Station (L.C.B- Local Crime Branch, L.I.B- Local
Intelligence Branch work for protections and pass porting).
We met one clerk over there. He talked about these many activities running
there. Kuber bhavan is a very important place for registration of various things.It is the heart of the city.
We ended our session at sharp 1pm.
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DATE: 10 FEBRUARY, 2012
Today I had visit to labour court. Here is the brief descriptionabout the Labour Court.
LABOUR COURT
The Labour Court was established under the IndustrialRelations Act 1946, and the provisions relevant to the Courtwere subsequently amended in the Industrial Relations Acts of1969, 1976 and 1990. The Court also has functions under the
Anti-Discrimination (Pay) Act 1974, the Employment EqualityAct 1977 and the Pensions Act 1990.
The main functions of the Court are the following:
(a) To investigate trade disputes and make recommendations
for their settlement;
(b) To make determinations on appeals from Equality Officersin discrimination cases (or to hear cases directly where thecomplainant is challenging a dismissal);
(c) To decide on appeals against recommendations ofRightsCommissioners;
(d) To establish Joint Labour Committees and makeemployment regulation orders as submitted by such bodies;and
(e) To register and vary certain employment agreements.
The Court consists of a Chairman, two deputy chairmen and six
ordinary members, all of whom are appointed by the Ministerfor Enterprise and Employment; the six ordinary members are
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nominated by employers' associations and trade unions .The Court sits in three divisions, although occasionally it sits asa Full Court.
The Labour Court has, since its establishment, playedan important role in Irish industrial relations. It has enjoyed ahigh profile, with well-publicised activities often involvingintervention in disputes of great public interest. This hasoccasionally presented the Court with problems, in particular at
times when one or the other of the social partners felt that theCourt was being put under pressure by the Government to takemore note of economic policy in its decisions, but overall theCourt has enjoyed a high level of public confidence and has
carried out its resolution functions with some success.
The choice of the Court to exercise the role of makingdeterminations in discrimination cases was perhaps an unusualone for a body mainly charged otherwise with the task ofcollective dispute resolution.
Initially it was felt by some interested parties that this roleshould be transferred to the Employment Appeals Tribunal, but
this view is not now often expressed.
After that we left at 1pm.
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DATE: 11 FEBRUARY, 2012
I came to NGO at 9:30am and today we had discussion on the topic of rights of
wife and children for maintenance. So here is a brief description of our
discussion on the day:
RIGHTS FOR MAINTENANCE
Every women and children have the rights for maintenance. Sections 125 to
128 (chapter 1X) of the code of criminal procedure, 1973 deals with the rights
for maintenance.
OBJECTIVES
To promote social justice
To protect women, children and old and infirm poor parents according
to the constitutional goals
To help a man to perform his duties to maintain his wife, children and
parents so long as they are unable to maintain themselves.
RIGHTS OF WIFE
Q. Who has the legal duty to maintain a legally married woman who is
unable to maintain herself?
A. Her husband, if he has sufficient means.
Q. Can a wife who has sufficient economic means claim maintenance from
her husband?
A. No.
RIGHTS OF CHILDREN
Q. Which children can claim maintenance from their fathers?
A. Every minor child whether legitimate or illegitimate; unmarried child, if
he/she is unable to maintain himself/herself; every child (legitimate or
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illegitimate who has attained majority but is unable to maintain itself due to
any physical or mental abnormality or injury.
PROOF
Q. What is to be proved by a wife to get maintenance from her husband?
A. The proof of a valid marriage (marriage certificate); that she has no means
to maintain herself; that he has sufficient means to maintain himself (proof of
his job and salary); that she was neglected by her husband or that he refused
to maintain her.
Q. What is to be proved to get maintenance for a child from his father?
A. Birth certificate of the child; proof of paternity (fatherhood) of the child;
that childs father has sufficient means to maintain himself; that the child was
neglected by its father or he refused to maintain the child.
RATE OF MAINTENANCE
Q. How much money can be ordered by the Magistrate for maintenance?
A. A monthly rate as such as the Magistrate thinks fit. The amount may alsodepend on the economic (financial state) capacity of the husband or the father
of the child.
NO RIGHT FOR MAINTENANCE
Q. When is a wife not entitled to receive any maintenance from her
husband?
A. When she lives in adultery; when she refuses to live with her husbandwithout sufficient reason; when they are living separately by mutual consent.
Q. What are the just grounds for the wifes refusal to live with her husband
and yet to demand maintenance?
A. Impotency of the husband; inability of the husband to discharge his martial
obligations; physical and mental cruelty; persistent demands for dowry;
unreasonable threats; 1ll-treatment by husband; apprehension (fear) of the
wife that her life is not safe in the company of her husband.
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RIGHT OF A DIVORCED WIFE
Q. Has a divorced wife a right to claim maintenance allowance?
A. Yes. Divorced wifes right to maintenance continues unless the parties makeadjustments and come to terms regarding the amount or the right to
maintenance.
NATURE OF RELIEF
Q. What is the nature of relief sought under these sections?
A. Under these sections relief to be given is of a civil nature. But the criminal
procedure is applied for the purpose of summary and speedy trial in theinterest of society so that a helpless wife and children are not left on road.
Q. Which court has the jurisdiction to decide questions related to
guardianship, custody and paternity of a child?
A. A civil court
CLAIM FOR MAINTENANCE BY A MUSLIM WIFE
Q. Is a woman obtaining a degree for dissolution of marriage (under
dissolution of Muslim Marriage Act) a wife within the meaning of section
125(1) of the Code?
A. Yes.
Q. Has she a right to claim maintenance?
A. Yes.
RIGHT OF A MUSLIM SECOND WIFE
Q. Can a Muslim second wife claim maintenance on the ground that her
husband has a first wife?
A. Yes.
We left the NGO at 1pm.
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DATE: 13 FEBRUARY 2012
I came to NGO at 9:30am and today we had discussion on the topic of rights of
workman for Minimum Wage. So here is a brief description of our discussion
on the day:
LAW ON MINIMUM WAGE
Q. What is the name of the law that fixes the minimum wage for a workman?
A. the Minimum Wage act, 1948
Q. Who was enacted this law?
A. The Central Government in 1948.
Q. To which states in India does this act apply?
A. This act is applicable to all the states in India except the State of Jammu and
Kashmir.
AIM OF THE ACT
This act was enacted with the object of doing social justice to work to
workmen, who are employed in certain unorganized employed in certain
unorganized employments in order to protect them from exploitation by
employers.
DIRECTIVE PRINCIPLES OF STATE POLICY
Living wages etc. for workers (Article 43)
The state shall endeavour to secure, by suitable legislation or economic
schemes, to all workers, agricultural, industrial or otherwise, work, a living
wage, conditions of work ensuring a decent standard of life and full enjoyment
of leisure, and social and cultural opportunities.
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EQUAL PAY FOR EQUAL WORK (ARTICLE 39 (d))
It is the duty of the state to direct its policy towards securing that there
is equal work for both men and women.
Equal pay for equal work is given to those who are equally placed in all
respect.
MINIMUM WAGES
Minimum wage does not mean wage for the bare sustenance of life and to
stay above starvation. It means a reasonable or adequate wage that would
ensure not only the sustenance of the employee and his family but adequate
to preserve his efficiency as a worker. This would include his medical needs,proper leisure and a decent standard of life.
CONCEPT OF MINIMUM WAGES
Normally wages would include all remuneration which can be converted into
moneys worth including any house rent allowance that may be paid.
THE FOLLOWING IS NOT INCLUDED IN THE WAGES
1. The value of any;
A. House accommodation, supply of light, water, medical
attendance, or
B. Any other amenity or service, specially excluded by the
government
2. Any contribution made by the employer to any pension fund or
provident fund or under any scheme or social insurance
3. Any T.A or the value of any travelling concession
OVERTIME WORK
Any employee who works beyond normal working hours, will be paid for every
hour of extra work at a special rate know as the overtime rate, which shall be
fixed by the appropriate government.
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DECISION ON CLAIM PETITIONS
The affected employees may either make individual/separate petitions before
the officer appointed by the appropriate government when such claims may
arise-
a) Out of payment less than the minimum wages by the employer;
b) Or in respect of fixation of the normal working day and overtime rate or
payment relating to the rest day.
OFFENCES BY THE COMPANY
Whenever a company is found guilty of any violation of the act then every
person who is in-charge of the company for conducting the business will be
punished.
ROLE OF INSPECTORS
They have to do their duties imposed by the act. They must committhemselves to the welfare of the poor workers. They must not use the law as
an instrument for self gain.
ROLE OF TRADE UNIONS
1.Trade union must support the workers for collective bargaining to
demand their rights
2.Workers must be helped to unionise themselves in geographical areas
close to their workplace
3.They must make the workers aware of their rights under this act and
other relevant laws.
After the discussion we left the NGO at 1pm.
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DATE: 14 FEBRUARY, 2012
Today I had visit to Fast track Court. Here the brief note on the schemeof the Fast Track Court.
BRIEF NOTE ON THE SCHEME
FAST TRACK COURTS
1. The eleventh Finance Commission recommended a scheme for
creation of 1734. Fast Track Courts in the country for disposal of longpending Sessions and other cases. The Ministry of Finance sanctionedan amount of Rs. 502.90 crores as special problem and up gradationgrant for judicial administration. The scheme was for a period of 5years. The Finance Commission Division (FCD), Ministry of Financereleased funds directly to the state Governments under the scheme ofFast Track Courts. It is the primary responsibility of the StateGovernments to establish these courts in consultation with theconcerned High Courts.
2. The FTCs were established to expeditiously dispose of long pendingcases in the Sessions Courts and long pending cases of under trialprisoners.
3. The term of scheme on the Fast Track Courts which were
recommended by the Eleventh Finance Commission ended on 31stmarch, 2005. The Supreme Court, which is monitoring the functioning ofFast Track Courts through the case of Brij Mohan Lal Vs UOI & Orsobserved that the scheme of Fast Track Courts should not be disbandedall of a sudden and in its order dated 31st march, 2005, directed theUnion of India to continue the Fast Track Courts.
4. The Government accorded its approval for the continuation of 1562Fast Track Courts that were operational as on 31.3.2005 for a further
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period of 5 years i.e. up to 31stMarch, 2010 with a provision of Rs. 509crores as a 100 per cent central assistance. The Department of Justiceis monitoring the scheme. These FTCs have disposed of 21.16 lakhcases out of the 28.84 lakh cases transferred to them so far.
5. This Department has requested State Govts and the High Courts toearmark atleast one FTC in each District to exclusively deal with casesinvolving senior citizens, abuse of women and the disabled.
6. The Central assistance under the above said scheme is limited to an
approved norm i.e. Rs. 4.80 lakh per court per annum (recurring) andRs. 8.60 lakh (non-recurring). Any expenditure incurred by the State inexcess as recurring and /or non-recurring expenditure would have to beborne by the State Government. During the financial year 2005-06, anamount of Rs. 100.00 crore has been released to the States (Annex-I).During the financial year 2006-07, an amount of Rs. 102.93 crore wasreleased to the State Governments (Annex-II). During the year 2007-08,an amount of Rs. 57.20 crore was released (Annex-III).
7. A statement indicating the number of Fast Track Courts establishedand the cases transferred to them and disposed of is attached asAnnexure-IV.
After that we left at 1pm.
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DATE: 15 FEBRUARY, 2012
Today I had visit to blind school which is situated in Nizampura. We met with
the co-ordinator. He gave brief description about the blind school.
BLIND SCHOOL
Blind school offers freeeducationtoblindstudents fromKindergarten to Post-Graduation. The training imparted includes readingand writing throughBrailleand Mobility Training for the
totallyblindchildren. Pre-school age students with the single disability ofblindness are trained early on, in order to prepare them for their eventualcompletion ofschool,collegeandvocational education.
The school also offers free accommodation for its students. Theschool also extends its services to normal but destitute children also.The school has an integrated approach wherein the both sighted andblind children live and study in the same environment, which gives a
boost and emotional moral support to the blind children that they are notleft out. Also by admitting able bodied (but underprivileged) students, theschool creates a unique atmosphere for the disabled students in whichthey can mingle, interact and help each other. This helps developtheirsocial skillsandconfidence.
After visiting we left at 1pm.
http://en.wikipedia.org/wiki/Educationhttp://en.wikipedia.org/wiki/Educationhttp://en.wikipedia.org/wiki/Educationhttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Braillehttp://en.wikipedia.org/wiki/Braillehttp://en.wikipedia.org/wiki/Braillehttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Schoolhttp://en.wikipedia.org/wiki/Schoolhttp://en.wikipedia.org/wiki/Schoolhttp://en.wikipedia.org/wiki/Collegehttp://en.wikipedia.org/wiki/Collegehttp://en.wikipedia.org/wiki/Collegehttp://en.wikipedia.org/wiki/Vocational_educationhttp://en.wikipedia.org/wiki/Vocational_educationhttp://en.wikipedia.org/wiki/Vocational_educationhttp://en.wikipedia.org/wiki/Social_skillshttp://en.wikipedia.org/wiki/Social_skillshttp://en.wikipedia.org/wiki/Social_skillshttp://en.wikipedia.org/wiki/Confidencehttp://en.wikipedia.org/wiki/Confidencehttp://en.wikipedia.org/wiki/Confidencehttp://en.wikipedia.org/wiki/Confidencehttp://en.wikipedia.org/wiki/Social_skillshttp://en.wikipedia.org/wiki/Vocational_educationhttp://en.wikipedia.org/wiki/Collegehttp://en.wikipedia.org/wiki/Schoolhttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Braillehttp://en.wikipedia.org/wiki/Blindnesshttp://en.wikipedia.org/wiki/Education7/30/2019 Final Report of University
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DATE: 16 FEBRUARY, 2012
Today I had attended the cases in LOK ADALAT. I really liked the conceptof LOK ADALAT which held at every 3rd Thursday of a month in NAYADARSHAN. Here is brief description on LOK ADALAT.
Lok Adalat is a system ofalternative dispute resolutiondeveloped in
India. It roughly means "People's court". India has had a long history of
resolving disputes through the mediation of village elders. The system of
Lok Adalats is an improvement and is based on the principles
ofMahatma Gandhi. Lok Adalat is a non-adversarial system, whereby
mock courts (called Lok Adalats) are held by the State Authority, District
Authority, Supreme Court Legal Services Committee, High Court Legal
Services Committee, or Taluk Legal Services Committee. They are held
periodically for exercising such jurisdiction as they determine. These are
usually presided over by retired judges, social activists, or other
members of the legal profession. The Lok Adalats can deal with all Civil
Cases, Matrimonial Disputes, Land Disputes, Partition/Property
Disputes, Labour Disputes etc., and compoundable criminal Cases.
FUNCTION
It operates on the principle that a compromise or reconciliation in legal
disputes brings better and speedier results and it leads to happy and
healthy relationship between the parties.
OBJECTIVE
It is the resolution of peoples disputes which are pending in the courts
through discussion, counselling, persuasion and conciliation. This
process results in speedy and cheap dispensation of justice with mutual
and free consent of the parties. It is an appropriate and well know
method of participatory justice.
http://en.wikipedia.org/wiki/Alternative_dispute_resolutionhttp://en.wikipedia.org/wiki/Alternative_dispute_resolutionhttp://en.wikipedia.org/wiki/Alternative_dispute_resolutionhttp://en.wikipedia.org/wiki/Mahatma_Gandhihttp://en.wikipedia.org/wiki/Mahatma_Gandhihttp://en.wikipedia.org/wiki/Mahatma_Gandhihttp://en.wikipedia.org/wiki/Mahatma_Gandhihttp://en.wikipedia.org/wiki/Alternative_dispute_resolution7/30/2019 Final Report of University
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BENEFITS
It can provide justice without much delay and cost to the socially
and economically backward people
It can infuse the spirit of unity, amity and peace among the partiesof litigation,
It saves the litigants from anxiety, bitterness, expenses related to
court fees, lawyers fees and protected litigation.
IMPORTANCE
Cases in different courts in India are increasing at an alarming high rate.
Huge backlogs are getting accumulated and decision by the courts is
delayed unnecessarily. Then the litigants lose faith in the efficacy of lawand effectiveness of the courts. Therefore, Lok Adalat is proposed as a
speedy alternatives disputes resolution forum. Through adequate use of
it, it is expected to an inexpensive manner so that heavy pressure on
judicial time would be reduced and effective remedy could be given to
the litigants.
POWERS OF LOK ADALAT
For this purpose it has the same powers of a civil court under the Code
of Civil Procedure 1908 while trying a suit in respect of the following
matters, namely-
a) The summoning and enforcing the attendance of any witnesses
and examining him on oath;
b) The discovery and production of any document;
c) Accepting evidence on affidavits;
d) The requisitioning of any public record or document or copy of
such record or document from any court or office; and
e) Other matters prescribed by rules.
After that we left at 1pm.
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DATE: 17th FEBRUARY, 2012
Today I reached at 9.25am. We met Patrict sir. Then we met father
methew. He asked about our schedule. Today our plan was to go toNarmada Bhavan, citys most important place for all work related with
government. It is situated at Jail Road. There are 8 floors. We have gone
through some of the floors which were useful to us in our field of law. The
main activities are schemes for disabled, employment scheme, scheme for
poor people, registration office of voter ID card, LAND REVENUE DISPUTES
and all other government programmers are being covered here. Some of
the hints are given below.
We went to jan seva kendra at ground floor. It is for domicile certificate,
certificates of senior citizenship, obc, affidavits etc. We can get revenue
records. Its owned by bhavanlal gaud and other partners.
In this floor there is e dhara kendra. There is also office for disable people.
In that there is so many benefits are provided e.g. Cycle, scholarship etc.
There is an office for urban areas activities. These activities are registration
for voter ID card, records of property which are manually not
computerized etc.
This floor is for activities for the development of sports and also for
encouragement players in Baroda. Schemes which are conducted here is for
encouragement to sports department.
There is an office for employment registration. We got to know about
various schemes e.g. ummid, gks, rojgar talim kendra etc. Here 1 can get
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registered himself enrollment is done here. When there vacancies, govt.
filled through there enrollment.
We met Mr. Vaghela, a deputy collector. In front of his office we found
mamlatdar. We could not meet her .Here we got to know about activitieslike documents related to land revenue disputes and rural activities etc
Anti corruption bureau is here. It deals with matters relating to bribe and
corruption. They keep watch in activities of government department for
surety of anti corruption activities.
After visiting we left at 1 pm.
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DATE: 18 FEBRUARY, 2012
I came to NGO at 9:30am and today we had discussion on the topics. My topics
were judicial system in India. So here is a brief description of my discussion on
the day:
JUDICIAL SYSTEM IN INDIA
Division of courts
-Higher and the lower judiciary
HIGHER JUDICIARY
Higher judiciary consists of the Supreme Court and Higher Courts. They are
established and regulated by the Constitution of India.
LOWER JUDICIARY
Lower judiciary consists of the ordinary civil and criminal courts. CriminalCourts structured under the central act-Code of Procedure, 1973.
TRIBUNALS
Tribunals are semi-courts dealing with specific subjects like tax, education,
compensation for accidents, service matters etc.
The law regulating the Indian judicial system
The constitution of India
The civil courts act in force in each state
The code of criminal procedure, 1973
Special or local laws to create special courts
Courts structured: General aspects
COURTS OF SMALL CAUSES
They are constituted under separate laws
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They are vested with jurisdiction to deal with claims for small amount
(mostly monetary claims)
Their procedure is summary (informal). The record of the case is brief
and the judgement conciseUsually there is no appeal against their judgement
Combination of civil and criminal jurisdiction
COURT OF RENT CONTROLLERS
There is a separate court to deal with disputes related to rent between
landlords and tenant. In many states rent controllers are constituted under the
rent control act.
This court deals with disputes about the quantum of rent, eviction
of the tenant and other connected matters.
CRIMINAL COURTS
These are the criminal courts constituted under the code of criminal
procedure, 1973:
The court of session The court of the chief metropolitan magistrate in metropolitan areas and
the court of the chief judicial magistrate (outside metropolitan areas)
Courts of the judicial magistrate of the first class (judicial metropolitan
magistrate first class-in metropolitan areas)
Courts of executive magistrate headed by the district magistrate.
FAMILY COURTS
Family courts are constituted under the Family Courts Act, 1984. It deals with
matrimonial cases, proceedings for maintenance and other matters concerning
family.
CONSUMER COURTS
Consumer courts are established under the Consumer Protection Act, 1986.
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COURTS OF SESSION
It is the highest criminal court of original jurisdiction at the district level. In
some big cities, the city as a unit has been declared as a session division. For
each such city (e.g. Ahmadabad, Mumbai, Kolkata, Chennai) there is a Court of
Session for the city.
HIGH COURTS
A High Court consists of a chief justice and other justices (judges).
POWERS OF A HIGH COURTS
Power to issue writs for the enforcement of fundamental rights and forother purposes
Power to hear appeals from criminal and civil courts
Power to supervise all courts and judicial authorities in the state
Power to confirm in all cases where the court of session has passed a
sentence of death
POWERS OF THE SUPREME COURT
Power to decide legal disputes between the Union and the States, or
between the States
Power to issue writs for the enforcement of fundamental rights
Power to interpret the constitutional validity of judgement passed by
high courts
Power to give advice on a constitutional question referred to the
supreme courts by the president
Power to decide the election disputes in president and vice-president
election
PUBLIC INTEREST LITIGATION (P.I.L)
It is a legal proceeding filed in the high court or the Supreme Court to enforce
the fundamental rights of weaker sections or common people.
After discussion we left NGO at 1 pm.
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DATE: 20 FEBRUARY, 2012
I came to NGO at 9:30am and today we had discussion on the topics. My topics
were Integrated Child Development Scheme (ICDS). So here is a brief
description of my discussion on the day:
INTEGRATED CHILD DEVELOPMENT SCHEME
It was started in India 1975.
OBJECTIVES
To lay the foundation for proper psychological development of the child
To improve nutritional and health status of children 0-6 years.
To reduce incidence of morbidity, mortality, malnutrition and school
drop-outs
To enhance the capability of the mother and family to look after the
health, nutritional and development needs of the child
To achieve effective coordination of policy and implementation among
various department to promote child development
IMPORTANCE
It is important because it is the only government programme in the country
that caters to the nutrition and other health, immunization and early
educational needs of children.
FOOD ALLOTMENT
CHILDREN UPTO 6YEARS300 calories and 8-10 grams of protein per day
ADOLESCENT GIRLS500 calories and 20-25 grams of protein per day
PREGNANT and NURSING MOTHERS500 calories and 20-25 grams of protein
per day and per head for 300 days in a year
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ADDITIONAL SERVICES
The additional services available for the children development are:-
Supplementary nutrition: for children, pregnant and lactating women
and adolescent girls.
Growth monitoring and promotion- weighing and recording the growth
of children under 6
Nutrition and health education: for the women in the group of 15 to 45.
Immunization: support to ANM, awareness generation among the
parents etc.
Referral services: taking severely malnourished and ill children to the
public health services.
Pre-school education: for the children fewer than 6, so that they can join
the school based system smoothly.
COMPLAINTS
For not supplying the supplement nutrition
For not weighing children regularly
For not providing health checkups camps in the AWC
For not providing any referral services in the AWC
For the ANM not visiting the AWC regularly for immunization
For death of children in the village due to malnutrition
For not providing any pre-school education in AWC
GRIVANCES
Complaints can be made to the District Collector, District Project Officers,
Director of ICDS etc.
We left the NGO at 1 pm.
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DATE: 21 FEBRUARY, 2012
Today we had visit to Juvenile home and Boys observation home. We reached
there at 11am. We met with Seema Yadav mam (Co-ordinator of bal-gokulam)
and they allow visiting there.
We met with children and we saw the campus of boys observation home.
There are various facilities are provided to the children. So here is a brief
description about boys observation home and Bal Gokulam.
HISTORY AND SCOPE
Baroda District Probation and Aftercare Association was formed in the year of
1949 by the first founder president Late Shri Bhailalbhai Contractor. Since then
his association is managing Boys Observation Home, Girls Welfare home and
Foster Parents Scheme. Association provides shelter, food and clothings to the
children, who are less fortunate to have their parents. Juvenile Justice board
also sends their temporary detain children for custody. This association trains
them for personal hygiene and basic social behaviours, gives former education,
also technical and vocational training for their rehabilitation in the society with
the dignity as good a citizen without anyones help. Home takes care to
celebrate all national and religious festivals by help of many other social
groups. Expenditure reimburse by the state government and by the help of the
humble donors and NGOs.
PROJECT LOCATION AND SITEThis project is proposed on existing buildings used for the same purpose of
boys observation home. Those building aged more than 100 year. Authority
decided to demolish this old structure and to construct this presented
proposed project.
Bhutadi Zampa Maidan is local name of the big playground kept open by local
authorities. This ground is just across the road from subject site. Site has very
prominent location surrounded by all 3 sides by main city roads. The area is
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predominant residential area. Local shopping centres, banks, petrol pump,
well-know schools in its vicinity.
BUILDING USES AND FACILITIES
Purpose of the complex is to provide a shelter to minor childrens. Dormitories
are the main residential facilities with drinking water and toilets for their
personal hygiene as well as facility of washing their own belongings.
Lodging always goes with the building, dining hall, kitchen, preparation, store
and washing area is to be very nearby and reachable.
These boys are of different age group may be from 5 to 18 years. Mostly their
circumstances keep them away from formal education. Class rooms are for
formal learning. Workshop for practical knowledge and vocational training are
provided. Additional rooms for teachers and instructors, study centres. Dining
hall can be converting into entertainment hall with TV and Audio-video
systems. Boys can play their own dramas and dances.
Administrative block consisting of office, visitors, lounge, Juvenile Court Room,
24 Hour Help Line Room, Doctor Room and clinic are there.
Superintendent/staff Quarters for those whose service are required for 24
hours a day.
Thus, we ended our session here with very important information at 1pm.
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DATE: 22nd
FEBRUARY 2012
Today I came to NGO at 9:30 am. As earlier disclosed in my report, we studied
different leaflets which were given to us. Today we are going to visit Police
Bhavan. Brief summary of our visit is as bellow.
At 11 oclock we reached at Police Bhavan. Then we asked for
permission to meet The Police Commissioner, but he was not there. So we met
DCP Crime Branch Mr. Ashok Kumar, he is IPS OFFICER of Baroda. He gave us
good response. He asked us some questions which were related to IndianPenal Code.
Then he informed us about police mans duty towards society. He discussed
regarding traffic rules in the city. He also told that Gujarat is a very safe state
as compare to other state. In Gujarat, there are no strict provisions and
implications of traffic rules. Helmet is also not compulsory in Gujarat.
He also discussed that in Gujarat there is very less police mans power. In
Vadodara there are approx 2000 police man only.
Then he told that as a when population increased, crime should be increased.
If it is not increased then there is some difficulty in implications of Law and
Rules. He also discussed various rules and regulations of other state.
So, we left from there.
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DATE: 23 FEBRUARY, 2012
I came to NGO at 9:30am and today we had discussion on the topics. My topics
were Rights of Senior Citizens. So here is a brief description of my discussion
on the day:
RIGHTS OF SENIOR CITIZENS
Senior citizens are the assets of todays generation. A person is said tobe Senior citizen in India if he/she has completed the age of 60 years.
They have worked hard all these years for the development of the nationas well as the community. They possess a vast experience in differentwalks of life. The youth of today can gain from the experience of thesenior citizens in taking the nation to greater heights. Now its our dutyto keep them happy. At this age of their life, they need to be taken careof and made to feel special.
To keep this view in mind, Indian Government provides several benefitsthrough its schemes in various sectors of development. So, here is thelist of facilities and rights given to the senior citizen by the government.
Health care: Cardiac problems, diabetics, kidney problems, blood pressure,
joints problems and eye problems are the most common disease fromwhich senior citizen suffers. Many government as well as privatehospitals provide concession to the senior citizen according to theprogramme.
However, there is a provision for separate queue and reservations of
beds for the older patient for hospitals and nursing homes. Government Hospitals are a good guarantee of the right diagnosis
plus they are much cheaper than private hospitals for the seniorcitizens.
Assistance like wheel chair/trolleys are also provides most of thehospitals in India to the senior citizens.
There are also specialty clinic for senior citizen which are also openon Sunday or other holidays.
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Travel:
By railways Indian railways provide 30% concession in the fare to all its senior
citizens who are at the age of 60 or above, while the women aged 60or above are entitled to the concession of 50% in their fare. For this,they have to carry their age proof with photo id card/certificate of dateof birth while travelling.
There is also a provision of lower berth to the senior citizen andpregnant ladies.
There are also separate counters for the senior citizen to book orcancel the tickets and to avoid the rush.
By airTravel by air has become one of the most convenient ways of travelling.It saves time as well as it is easy for senior citizens to reach thedestination fast.
Indian airlines provide 50% concession on its economy class to all itssenior passengers subject to certain terms and conditions.
Air India provides 45 % discount on its economy class foe itsdomestic sector senior passengers.
Other airlines also provide the concessions to its senior passengers. Flight staff checks that first time flyers are aware of boardingprocedures and have a comfortable flight. Senior citizens inwheelchairs are allowed to board the plane first.
Banking:If we talk about the banking facility provide by the Indian government toits senior citizen, so here also there are many provisions such as:
Indian government gives high rate of interest to its senior citizen on
certain saving scheme which are run by the post offices and otherprivate bank
Some bank like State Bank of India charge only 50% of the applicableprescribed charges on the service like issue of duplicate pass book,issue of duplicate bank statement, Stop payments instructions, issueof cheque book etc.
Minimum balance requirement for this class of customer is also 50 %from others.
We left at 1 pm.
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DATE: 24 FEBRUARY, 2012
Today I had a visit at the LAL-COURT. I reached there at 11 am.
Baroda is a district having two major courts i.e. Red Court and sessions Court.
The Red Court has authority to solve the cases of short term basis under the
authority to solve cases of long term basis under the authority of session
Magistrate.
We listened to various cases among which one of them is briefly narrated
hereby:-
A person had been accused of using abusive words and distributing the peace
and harmony of the society. He was found guilty under Section 504 and he was
given a punishment of 2 years and a fine of Rs. 5000. For the declaration of the
judgement up to three years and Rs. 5000 the discretionary powers are given
to the First Class Magistrate.
I attended the court proceeding till the recess at 2pm and then left.
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DATE: 25 FEBRUARY, 2012
I came to NGO at 9:30am and today we had discussion on the topics. My topics
were MID DAY MEAL SCHEME. So here is a brief description of my discussion
on the day:
MIDDAY MEAL SCHEME
The Midday Meal Scheme is the popular name for school meal
programme inIndiawhich started in the 1960s. It involves provision of
lunch free of cost to school-children on all working days. The key
objectives of the programme are: protecting children from classroom
hunger, increasing school enrolment and attendance, improved
socialisation among children belonging to allcastes, addressing
malnutrition, and social empowerment through provision of employment
to women. The scheme has a long history, especially in the state
ofTamil Naduintroduced state-wide by the then Chief MinisterK. Kama
rajin 1960s and later expanded byM. G. Ramachandrangovernment in
1982 has been adopted by most of the states in India after a landmark
direction by theSupreme Court of Indiaon November 28, 2001.[1]
The
success of this scheme is illustrated by the tremendous increase in the
school participation and completion rates in Tamil Nadu.
HISTORY
One of the pioneers of the scheme is the Madras that started providing
cooked meals to children in corporation schools in the Madras city in1923. The programme was introduced in a large scale, in 1960s underthe Chief Minister ship of K. Kama raj after visiting Sourashtra HigherSecondary School Madurai, were this program implemented bylinguistic minority people since 1922. The first major thrust came in 1982when Chief Minister of Tamil Nadu, Dr. M. G. Ramachandran, decided touniversalise the scheme for all children up to class 10. Tamil Nadusmidday meal programme is among the best known in the country. Lessknown, but equally interesting is the history of Pondicherry, whichstarted universal school feeding as early as 1930.
http://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Castehttp://en.wikipedia.org/wiki/Castehttp://en.wikipedia.org/wiki/Castehttp://en.wikipedia.org/wiki/Tamil_Naduhttp://en.wikipedia.org/wiki/Tamil_Naduhttp://en.wikipedia.org/wiki/Tamil_Naduhttp://en.wikipedia.org/wiki/K._Kamarajhttp://en.wikipedia.org/wiki/K._Kamarajhttp://en.wikipedia.org/wiki/K._Kamarajhttp://en.wikipedia.org/wiki/K._Kamarajhttp://en.wikipedia.org/wiki/M._G._Ramachandranhttp://en.wikipedia.org/wiki/M._G._Ramachandranhttp://en.wikipedia.org/wiki/M._G._Ramachandranhttp://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttp://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttp://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttp://en.wikipedia.org/wiki/Mid-day_Meal_Scheme#cite_note-0http://en.wikipedia.org/wiki/Mid-day_Meal_Scheme#cite_note-0http://en.wikipedia.org/wiki/Mid-day_Meal_Scheme#cite_note-0http://en.wikipedia.org/wiki/Mid-day_Meal_Scheme#cite_note-0http://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttp://en.wikipedia.org/wiki/M._G._Ramachandranhttp://en.wikipedia.org/wiki/K._Kamarajhttp://en.wikipedia.org/wiki/K._Kamarajhttp://en.wikipedia.org/wiki/Tamil_Naduhttp://en.wikipedia.org/wiki/Castehttp://en.wikipedia.org/wiki/India7/30/2019 Final Report of University
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There is an interesting story about how K. Kama raj got the idea of anoon meal scheme. He saw a few boys busy with their cows and goats.He asked one small boy, "What are you doing with these cows? Whydidn't you go to school?" The boy immediately answered, "If I go to
school, will you give me food to eat? I can learn only if I eat." The boy'sretort sparked the entire process into establishing the midday mealprogramme.
Several other states of India also have programmes. The most notableamong them is Gujarat that has had it since the late 1980s. Keralastarted providing cooked meals in schools since 1995 and so didMadhya Pradesh and Orissa in small pockets. On November 28, 2001the Supreme Court of India gave a landmark direction to government toprovide cooked meals to all children in all government and government
assisted primary schools. The direction was resisted vigorously by Stategovernments initially, but the programme has become almost universalby 2005.
Specific orders issued by the Supreme Courts
Provide every child in every government and government assistedPrimary school with a prepared mid day meal with a minimumcontent of 450 calories and 12 grams of protein on each day of
school for minimum of 200 days
Preference should be given to dalits, SC and ST in appointment ofcooks and helpers
Midday meal should be provided in drought affected areas duringsummer vacations
Government of India shall make provision for construction ofkitchen sheds in every school
Government should ensure good infrastructure, safe drinking waterand quality of meal
There should be joint quality monitoring by the gram Sabah andschool management and village education committee
Meal should be provided without any cost and contribution
These guidelines to have state-specific details of implementationof the Scheme, including administrative and logisticalarrangements.
We left at 1pm.
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DATE: 27 FEBRUARY, 2012
I came to NGO at 9:30am and today we had a last discussion on the topics. My
topics were RIGHTS OF WOMEN. So here is a brief description of my discussionon the day:
RIGHTS OF WOMEN
The National Commission for Women was set up by an Act ofParliament in 1990 to safeguard the rights and legalentitlements of women. "The 73rd and 74th Amendments(1993) to the Constitution of India have provided for
reservation of seats in the local bodies of Panchayats andMunicipalities for women, laying a strong foundation for theirparticipation in decision making at the local levels."
In India gender disparity is found everywhere. The decliningratio of the female population, in the last few decades is aproof of this. The stereotypical image of a woman haunts hereverywhere. Domestic violence is commonplace. Theunderlying causes of gender inequality are related to the
socio-economic framework of India. As a result, the womenbelonging to the weaker sections of the society i.e. theScheduled Castes/Scheduled Tribes/ Other backward Classesand minorities, do not have easy access to education, healthand other productive resources. Therefore, they remain largelymarginalized, poor and socially isolated.
The following are some of the provisions made in favour ofwomen, in our constitution:
Article 14 in the Indian Constitution ensures equality inpolitical, economic and social spheres. Article 16 provides forequality of opportunities in matters of public appointment forall citizens.
Article 15 prohibits discrimination against any citizen on thegrounds of religion, race, caste, sex etc. There are certainplaces of worship in South India where women are not allowedentry.
Article 39(a) mentions that the State will direct its policiestowards securing all citizens, men and women, the right to
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means of livelihood while Article 39 (c) ensures equal pay forequal work.
Article 42 directs the State to ensure just and humane workingconditions.
The constitution imposes a fundamental duty on every citizenthrough Article 15 (A) (e) to renounce practices derogatory tothe dignity of women.
Another law that protects women against a seemingly mildercrime is Section 509 of the IPC. This law punishes individualswho have insulted the modesty of a woman. Offensivelanguage, sounds, gestures and intrusion of a woman'sprivacy are punishable under this law. Outraging the modesty
of a woman is also punishable under Section 354 of the IPC.Under this law, an individual who has assaulted a woman,used criminal force on her or outraged her modesty in anyother way can be punished with imprisonment of up to 2years. Policemen are often found mouthing obscenities,glaring and passing bawdy remarks on women, not only onthe roads, but also inside the police station.
Laws such as the Immoral Traffic (Prevention) Act, SatiPrevention Act, Dowry Prohibition Act and Indecent
Representation of Women (Prevention) Act protect womenfrom the more "traditional" crimes such as rape, abducti