Juvenile Justice

The administration of modern juvenile justice is very different from the early common law as the state of the rights of children who committed crimes in early common law were not given any special treatment because they were considered as adults. At common law, for instance, the minimum age of criminal responsibility was set as young as
seven years, and children guilty of crimes were imprisoned. The principle of the best interests of the child or “the child’s welfare” was recognised by the common law courts in the early twentieth century.
The conception of the juvenile justice system in the late 1800s strived to reform US policies regarding youth offenders. Prior to this period, misbehaving juveniles in the US, like in other parts of Western Europe, often faced arrest by the police, initial placement in the local jail with adults, and eventual institutionalisation in a house of refuge or workhouse. In the US, juvenile justice in its earliest form was conceived and developed out of the need for a separate court for child offenders as a result of which the first Juvenile Court was established in Cook County under the 1899 Illinois Juvenile Court Act; and by 1945 every State in the US had a Juvenile Court. From the early 20th century, the Juvenile Court was transplanted to Western Europe; and in England, it was given legal recognition through the enactment of legislation specific for juvenile justice. The three models of juvenile justice—the welfarism, back to justice and corporatism—have impacted on the development of modern day juvenile justice.

Story of a Legend

Like any other profession, litigation too has its heroes and villains. The heroes are the lawyers with razor sharp minds, always ready with a quick reply, persuasive yet humble. These are people who have fought intellectual wars and emerged victorious. And like all heroes, stories about these lawyers often attain mythical proportions. These stories are traded and exchanged, often in a set of hushed whispers while sharing lunch in the canteen or in hurried sentences while waiting for a matter to come up.

One of my more favourite stories relates to an extremely distinguished jurist who had left practice several years before I joined the bar. This man, whom I shall refer to as Mr. Seth, had been one of the youngest designated seniors of his time and the High Court was full of stories about his eccentricities. There were some who said that he still used a two rupee pen that he had when he first joined the profession, that he could recite complete paragraphs of ancient judgments and that he could persuade even the most reluctant of judges to see his side of the argument.

This particular story relates back to the time when he had yet to become the legend that he eventually became. He had been established as a young lawyer of immense potential and, even at that point of time, he had become a favourite of quite a few judges.

A new Chief Justice had recently been appointed and the Chief had quickly built a reputation as someone with an extremely caustic tongue; a judge who would bear no nonsense of any kind. The Chief had a short temper and very often, junior lawyers would tremble when they found out that they had to appear before the Chief especially when they were sent to ask for an adjournment.

For some reason or the other, Mr. Seth had not yet had the chance to appear before the Chief. Inevitably, the time came for Mr. Seth to enter Court No.1 and the battle lines could not have been drawn more clearly. On one side was Mr. Seth with a weak case and on the other, a judge who had built a reputation as one with a sharp mind and a sharper tongue.

Mr. Seth had been arguing for around ten minutes, the longest anyone had ever argued before the Chief till that point of time. It was a veritable battle of words. Mr. Seth would begin one line of thinking and the Chief would immediately cut him down. Then Mr. Seth would, somehow, manage another line of argument. This too would be struck down. Yet Mr. Seth would keep on prodding and working, linking one thought to another, one argument with another. It was beginning to look like the Chief was losing his patience; the lines on his forehead were beginning to get thicker.

The words were thrown about, to and fro and just when it looked like Mr. Seth had gotten his way, the Chief softly said, “Mr. Counsel, please stop for a minute.”He may have said it softly but there was no mistaking the tone of the sentence. It was the tone of someone confirming a death sentence.

The Chief took a sip of water while Mr. Seth stood there, his face impassive and his back ram-rod straight.

Silence. You could have heard a page turn in that silence. The air was still, as if the air itself was holding its’ breath.

“Counsel….” the judge began, “do you think we are fools?”

More silence.

Everyone was looking at Mr. Seth now, their breath momentarily paused.

Mr. Seth looked at the papers before him and then took off his glasses (this would later become his signature move, emulated by younger lawyers for generations). Holding his glasses in one hand, he looked straight at the judge and said:

“Your lordship has placed me in an extremely uncomfortable position…..If I answer yes, I will be guilty of contempt and if I answer no, I will be guilty of perjury.”

Silence.

And the Chief broke into a smile which grew into a heaving laughter. The entire room erupted into laughter. In a split second, the taut atmosphere had relaxed. There is an almost congenial air in the room, as congenial as it can possibly get in a Court.

Taking another sip of water, this time with a smile on his face, the Chief told Mr. Seth “Very well Counsel, proceed.”

I don’t know what the outcome of the case was, who won and who lost. That seems immaterial. And that is the way it is with heroes and their legends.

Joke:

Why did the judge take so long to write the judgment awarding a punishment of life imprisonment?

Because it was the longest sentence possible!

Source : Bar & Bench

G.K practice...

1.  The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997. Due to a complex ratification process, it entered into force on 16 February 2005.

2.  The Protocol is based on a principle of "common but differentiated responsibilities."

3.  It only binds developed countries because it recognizes that they are largely responsible for the current high levels of GHG emissions in the atmosphere, which are the result of more than 150 years of industrial activity.

4.  It has set binding emission reduction targets for 37 industrialized countries and the European community. Overall, these targets add up to an average five per cent emissions reduction compared to 1990 levels over the five-year period 2008 to 2012.

5.  The goals of Kyoto were to see participants collectively reducing emissions of greenhouse gases by 5.2% below th 2012. e emission levels of 1990 by

6.  Kyoto Protocol consists of three flexibility mechanisms - Joint implementation, Emissions Trading and Clean Development mechanisms.

7.  The Joint Implementation mechanism allows any Annex I country to invest in emission reduction projects (referred to as joint implementation project) in any other Annex I country as an alternative to reducing emissions domestically.

8.  An Emission Trading allows countries that have emission units to spare - (emissions permitted them but not "used") - to sell this excess capacity to countries that are over their targets. Thus, a new commodity was created in the form of emission reductions or removals.

9.  The Clean Development Mechanism (CDM) allows developed country with an emission reduction or emission-limitation commitment under the Kyoto Protocol to implement an emission reduction project in developing countries as an alternative to more expensive emission reductions in their own countries.

10.Carbon Credit is a permit that allows the holder to emit one ton of carbon dioxide. Carbon credits can be traded in the international market at their current market price.

11.A generic drug is a pharmaceutical product, usually intended to be interchangeable with an innovator product that is manufactured without a licence from the innovator company and marketed after the expiry date of the patent or other exclusive rights.

12.Generic drugs are drugs manufactured and marketed without a brand name. In practice, generics are often marketed as equivalents to branded drugs.

13.They are copies of brand-name drugs and are the same as those brand name drugs in dosage form, safety, strength, route of administration, quality, performance characteristics and intended use.

14.These are much cheaper than, brand-name drugs. For example, paracetamol is a chemical ingredient found in a number of brand-name painkillers, but is also sold as a generic drug (not under a brand name).

15.To launch generic drug in the US Market FDA approval is must.

16.A copy-cat drug version can be launched by a generics manufacturer only after the drug loses patent protection.

17.In the U.S., pharmaceutical patents last for 17 years, during which time only the original developer can legally manufacture the drug covered by the patent. After the expiration of the patent, other drug companies can manufacture and sell generic versions of the drug. This often leads to price competition, which decreases profits for the manufacturers of branded drugs.

18.Ranbaxy, has launched the first generic version of world's top-selling medicine Lipitor in the US. The launch provides an affordable treatment option for hundreds of Americans suffering from high cholesterol.

19.The first company to apply for FDA approval for a generic, in spite of an existing patent, receives a 180-day period of exclusivity to produce and sell the generic version. In the case of Lipitor Ranbaxy would enjoy 180-day market exclusivity for the first six months.

20.Teva Pharmaceutical Industries (TEVA), an Israel-based pharmaceutical company, is the world's largest producer of generic drugs.

21.Paramveer Chakra is similar to the British Victoria Cross, US Medal of Honor, or French Legion of Honor.

22.It is the second highest award of the government of India after Bharat Ratna.

23.It can be awarded posthumously.

24.It was established on 26 January 1950 (the date of India becoming a republic), by the President of India, with effect from 15 August 1947 (the date of Indian independence).

25.It can be awarded to officers or enlisted personnel from all branches of the Indian military.

26.The medal was designed by Savitri Khanolkar.

27.The Ashoka Chakra is the peace time equivalent of the Param Vir Chakra, and is awarded for the "most conspicuous bravery or some daring or pre-eminent valour or self-sacrifice" other than in the face of the enemy.

28.The Ashoka Chakra is the peace time equivalent of the Param Vir Chakra, and is awarded for the "most conspicuous bravery or some daring or pre-eminent valour or self-sacrifice" other than in the face of the enemy.

29.The award also carries a cash allowance for those under the rank of lieutenant and, in some cases, a cash award. On the death of the recipient, the pension is transferred to the widow until her death or remarriage.

30.Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity.

31.The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries(LDCs).

32.Stockholm Convention on Persistent Organic Pollutants is an international environmental treaty, signed in 2001 and effective from May 2004, that aims to eliminate or restrict the production and use of persistent organic pollutants (POPs). Persistent Organic Pollutants (POPs) are organic chemical substances.

33.The Convention on Wetlands of International Importance, called the Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.

34.CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

35.Vienna Convention acts as a framework for the international efforts to protect the ozone layer. However, it does not include legally binding reduction goals for the use of CFCs, the main chemical agents causing ozone depletion.

36.The Montreal Protocol on Substances that Deplete Ozone Layer is a legally binding protocol under the Vienna Convention. The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere--chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl chloroform--are to be phased out by 2000 (2005 for methyl chloroform).

37.The Convention on Biological Diversity (CBD) is an international legally-binding treaty with three main goals: conservation of biodiversity; sustainable use of biodiversity; fair and equitable sharing of the benefits arising from the use of genetic resources.

38.The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international treaty governing the movements of living modified organisms (LMOs) resulting from modern biotechnology from one country to another.

The Nagoya Protocol is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies

Economic Survey: 2011-12

The annual Economic Survey, coming as it does a day or two before the budget, is all about summarizing all critical data and presenting a transparent and unprejudiced view of the economy. Few highlights of the Economic Survey 2011-12 are as follows: 1. Rate of growth estimated to be 6.9%. Outlook for growth and stability is promising with real GDP growth expected to pick up to 7.6% in 2012-13 and 8.6% in 2013-14.

2. Agriculture and Services sectors continue to perform well. 2.5 % growth in Agro sector forecast. Services sector grows by 9.4 %, its share in GDP goes up to 59%.

3. Industrial growth pegged at 4-5 percent, expected to improve as economic recovery resumes.

4. Inflation on WPI was high but showed clear slow down by the year-end; this is likely to spur investment activities leading to positive impact on growth.

5. WPI food inflation dropped from 20.2% in February 2010 to 1.6% in January 2012; calibrated steps initiated to rein-in inflation on top priority.

6. India remains among the fastest growing economies of the world. Country’s sovereign credit rating rose by a substantial 2.98 percent in 2007-12.

7. Fiscal consolidation on track - savings & capital formation expected to rise.

8. Exports grew @ 40.5% in the first half of this fiscal and imports grew by 30.4%. Foreign trade performance to remain a key driver of growth. Forex reserves enhanced - covering nearly the entire external debt stock.

9. Central spending on social services goes up to 18.5% this fiscal from 13.4% in 2006-07.

10. MNREGA coverage increases to 5.49 crore households in 2010-11.

11. Sustainable development and climate change becoming central areas of global concern and India too is equally concerned and engaged constructively in global negotiations.

12. RBI expected to lower policy interest rates, as inflationary pressures expected to ease in coming months; A low interest rate regime to encourage investment activity and push forward economic growth.

13. Steps required for deepening of domestic financial markets, especially corporate bond market and attracting longer-term inflows from abroad; Efforts at attracting dedicated infrastructure funds have begun.

14. The growth rate of investment in the economy is estimated to have declined significantly; borrowing costs up due to a sharp increase in interest rates.

15. High borrowing costs and increase in other costs affecting profitability and internal accruals.

16. Slowdown in Indian economy largely due to global factors, as also because of domestic factors like tightening of monetary policy, high inflation and slower investment and industrial activities.

17. Global economy remains fragile and concerted efforts needed to restore stability and renewed growth; Steps needed for sovereign debt crisis, financial regulation, growth and job creation efforts and energy security, globally.

18. India much more closely integrated with world economy' share of trade to GDP of goods and services has tripled between 1990-2010.

19. A progressive deregulation of interest rates on savings accounts to help raise financial savings and improve transmission of monetary policy.

20. FDI in multi-brand retail can come into effect in a "phased" manner, beginning from metropolitan cities. The survey said that allowing foreign direct investment in multi-brand retail is one of the major issues in the services sector, but the move would address problems relating to food inflation.

Jurisprudence

Jurisprudence has always been a wild card in the legal deck. While the dictionary allows it may be the ''science or philosophy of law,'' no two commentators agree on its meaning, still less its relationship with what lawyers think of as real law. Even so, a distinctive form of jurisprudence has gradually emerged in this country. Its most conspicuous attribute has been an obsessive concern with judges and the judiciary.

In the late 19th century, Lord Acton said there had been six American political theorists of the first rank and that all of them had served in public office. If the principle he implied is right, then we might reasonably expect judges to be our leading jurisprudential thinkers. After all, they have the obligation to declare the unwritten common law, to interpret the written law and to apply both in specific cases. Their decisions are also subject to the scrutiny of parties to every lawsuit (one of whom is invariably aggrieved), of members of the legal profession, and, in the occasional sensational case, of the general public. So they have reasons to worry about the nature of legal authority and about justifications for their decisions. And indeed a remarkably high proportion of our most influential writers on jurisprudence - from Chancellor James Kent and Justice Joseph Story in the early 19th century to Justices Oliver Wendell Holmes and Benjamin Cardozo and Judges Learned Hand and Jerome Frank - have sat on the bench.

American jurisprudence thus came to focus on the judiciary. And this concern has contributed to the development of a legal system that differs from that of other nations precisely in the relative importance we place on courts. Judge Posner's book reflects the tradition of American judges driven to jurisprudence in search of justifications for legally ''right'' answers. It also reflects the modern academic lawyer's tendency to look beyond conventional legal authority to extralegal sources, including philosophy, the social sciences and the humanities, for a deeper understanding of the legal enterprise.

THE PAYMENT OF BONUS ACT, 1965

THE PAYMENT OF BONUS ACT, 1965
 ACT NO. 21 OF 1965
 
 1*[An Act  to provide  for the payment of bonus to persons employed in
 certain establishments  on the  basis of  profits or  on the  basis of
 production or productivity and for matters connected therewith.]
      BE it enacted by Parliament in the Sixteenth Year of the Republic
 of India as follows:--
  
 
      1. Short title extent and application.- (1) This Act may be called the Payment of Bonus Act, 1965.
      (2) It extends to the whole of India 2***.
      (3) Save as otherwise provided in this Act, it shall apply to--
           (a) every factory; and
           (b) every  other  establishment  in  which  twenty  or  more
                persons are  employed on  any day  during an accounting
                year:
      3*[Provided that the appropriate Government may, after giving not
 less  than   two  months'  notice  of  its  intention  so  to  do,  by
 notification in the Official Gazette, apply the provisions of this Act
 with effect  from such  accounting year  as may  be specified  in  the
 notification,  to   any  establishment   or  class  of  establishments
 [including an establishment being a factory within the meaning of sub-
 clause (ii) of clause (m) of section 2 of the Factories Act, 1948  (63
 of 1948)] employing such number of persons less than twenty as may be
 specified in the notification; so, however, that the number of persons
 so specified shall in no case be less than ten.]


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THE DOWRY PROHIBITION ACT, 1961

THE DOWRY PROHIBITION ACT, 1961
(Act No. 28 of 1961)

An Act to prohibit the giving or taking of dowry
 

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:
1. Short title, extent and commencement.-(1) This Act may be called the Dowry Prohibition Act, 1961.
It extends to the whole of India except the State of Jammu and Kashmir.
It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal
Law (Shariat) applies.

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