Judiciary UP

2022-03-27 07:15:20 #CriminalJustice

Historical background of the Criminal Justice System

The codification of criminal laws in India was done during British rule, which more or less remains the same even in the 21st century.

Lord Thomas Babington Macaulay is said to be the chief architect of codifications of criminal laws in India.

Criminal law in India is governed by Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872, etc.

Criminal law is considered to be the most apparent expression of the relationship between a state and its citizens.

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2022-03-27 07:12:05 #Criminal
Reforming Criminal Laws

Recently, the government has initiated the process of amendment to Criminal laws such as Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act.

In this pursuit, the Ministry of Home Affairs has sought suggestions from various stakeholders like Governors, Chief Ministers, Chief Justice of India, Chief Justices of various High Courts, etc.

Earlier, the 111th, 128th & 146th Parliamentary Standing Committee report had recommended that there is a need for a comprehensive review of the criminal justice system of the country.

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2022-03-27 07:05:32 #Motivation

"If what you are doing is not moving you towards your goals, then it’s moving you away from your goals."

"अगर आप जो कर रहे हैं वो आपको आपके लक्ष्य के करीब नहीं ले जा रहा है तो वो आपको आपके लक्ष्य से दूर ले जा रहा है।"

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2022-03-24 08:00:53 #ReasonableAccommodation

Legal position in India

In India, the Rights of People with Disabilities Act, 2016, defines ‘reasonable accommodation’ as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others”.

The definition of ‘discrimination’ in Section 2(h) includes ‘denial of reasonable accommodation’.

Jeeja Ghosh and Another v. Union of India and Others (2016): The Supreme Court, held that Equality not only implies preventing discrimination but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.

In concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation.”

Vikash Kumar v. UPSC (2021): The court ruled that benchmark disability, that is a specified disability to the extent of 40%, is related only to special reservation for the disabled in employment, but it need not be a restriction for other kinds of accommodation.

It also said failure to provide reasonable accommodation amounts to discrimination.

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2022-03-24 07:54:22 #Motivation

"You have within you right now, everything you need to deal with whatever the world can throw at you."

"तुम्हारे अन्दर अभी इसी वक़्त वो सबकुछ है जो तुम्हे इस दुनिया का सामना करने के लिए चाहिए।"

Good Morning Open / Comment

2022-03-22 07:07:11 #ReasonableAccommodation Open / Comment

2022-03-22 07:05:13 #ReasonableAccommodation

Principle of ‘Reasonable Accommodation’

‘Reasonable accommodation’ is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.

Its use is primarily in the disability rights sector.

It captures the positive obligation of the State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society.

For a person with disability, the constitutionally guaranteed fundamental rights to equality (Article 14), the six freedoms (Article 19) and the right to life (Article 21) will ring hollow if they are not given this additional support that helps make these rights real and meaningful for them.

Article 2 of UN Convention on the Rights of People with Disabilities (UNCRPD): It is necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.

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2022-03-01 05:29:25 #Federalism

Federalism

Federalism is a system of government in which the same territory is controlled by two levels of government.

It is a midpoint between unitarism (which has a supreme centre, to which the States are subordinate) and confederalism (wherein the States are supreme, and are merely coordinated by a weak centre).

The Supreme Court in the Kesavananda Bharti case mentioned that federal character is one of the basic features of the Indian Constitution.

Key features of Federalism:

Division of powers

Supremacy of the constitution

Rigid Constitution

Written constitution

Independent judiciary

Bi-cameral legislature

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2022-03-01 05:19:19 #Motivation

"You never achieve success unless you like what you are doing."

"जब तक आप जो कर रहे हैं उसे पसंद नहीं करते तब तक आप सफलता नहीं पा सकते।"

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2022-02-27 16:38:34 Open / Comment