Critical Professional Ethics | Overview

This article aims to examine some of the critical aspects of the professional ethics of advocates, with a special focus on the seven lamps of advocacy. The seven lamps of advocacy are the main factor in driving advocates’ professional ethics in a correct and right way. The author has examined what all factors comprise under lamps of advocacy then discussed each of the lamps in detail and their importance in shaping the professional ethics of advocates’ profession.

For the study purpose, the article is divided into three main sections; the first one is an introductory section which will deal with the basics of ethics. The second section provides a brief overview of the professional ethics of advocacy and the legal ethics, and the third section, lists all the seven lamps of advocacy and discusses them in detail one by one. The author has provided a suitable conclusion in the end.

Introduction

The word ethics is derived from the Greek word ‘ethos’ meaning ‘character’ and from the Latin word ‘mores’ meaning ‘customs’. Both the terms when gets combined provide a definition of how an individual chooses to interact with one another. Ethics in philosophy represents what is good for the person, for society in general, and the established nature of duties people owe themselves and one another.

When talking about ethics in general, it encompasses many essential qualities to be said as ethical behaviour. One such quality is integrity in a person’s character throughout their life. A good integral behaviour suggests that an individual will exercise the ‘right’ option even if the wrong one seems more comforting and appealing. Honest officers possess integrity and related ethical behaviours which make them worthy and more qualitative than others.

Ethical values and legal principles are interconnected with each other, but an ethical obligation typically exceeds legal duties. This is true in some cases when the law mandates unethical conduct, especially when a law is unjust, but the law has decided the ethical duties to supersede the legal obligations.

Professional Ethics of Advocacy

The Legal Profession is a noble profession, and its nobility continues to be maintained with the observance and adherence to a set of professional norms by those indulged in this profession. It is known as legal ethics. The Supreme Court of India’s observation on profession of advocacy is given below:

“Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark. Sincerity of performance and the earnestness of endeavour are the two wings that will bare aloft the advocate to the tower of success. Given these virtues, other qualifications will follow of their own account. This is the reason why the legal profession is regarded as a noble one.”[1]

On the other hand, professional ethics is referred to the personal and corporate standards and norms that govern a person’s behaviour within the context of a particular profession. The main objective of the professional ethics of advocacy is to maintain the legal profession’s dignity, which can be achieved by inculcating ethical values in the profession. The idea of ethics entails several other morals and traits that one must possess in their professional life, that’s why termed as professional ethics.

Legal Ethics

Ethics play a significant role in the legal profession, as advocates are often looked up to doubtfully by others. Their clients have major trust issues, which mostly lead to arising of conflicting problems. An advocate is accountable to his client and should be honest and loyal towards them.

Besides honesty, he should exercise his duty in the interest of his client, respect the court and set an of justice, respect the laws of the land, and adhere to the other professional rules and ethics. It is noteworthy that if an advocate breaches his professional duty, it is regarded as ‘professional misconduct’ or can be filed for contempt of court.

The definition of legal ethics, as given by Chief Justice Marshal, is produced as under:

“The fundamental aim of legal ethics is to maintain the honour and dignity of law profession, to secure the sprite of friendly cooperation between bar and bench in the promotion of highest standards of justice, to establish honourable and fair dealing of the council with his client, opponent and witnesses, to establish a sprite of brotherhood in the bar itself and to secure lawyers discharge their responsibility to the community generally”.[2]

The fundamental of legal ethics may be defined as a written or unwritten code of conduct for regulating the behaviour of an advocate himself, his clients, and his adversary in law and towards the Hon’ble court. In India, the legal profession has a statutory code of practice in the form of the Advocates Act and Bar Councils Act which regulate the behaviour and professional conduct of advocates.

The Bar Council of India, a statutory body created under the Advocates Act, 1961 regulates and represents the Indian Bar members, prescribes standards of professional etiquette, conduct, and exercises disciplinary jurisdiction.[3]

Principles of Advocacy

Professional ethics are guided by six essential principles that are listed below:

1. Honesty
2. Fairness
3. Respect
4. Compassion
5. Integrity
6. Self-discipline

The seventh principle or say ‘lamp’ was added by Justice K. V. Krishnaswamy Aiyer in his book “Professional Conduct and Advocacy”, named as Tact.

Tact refers to a person’s ability to handle people and situations skillfully without causing any offence. In respect of advocates, they are required to be in a position to tackle the case cleverly and win it for the client in a smoother way without causing offence to the opposing party and the opponent advocate.[4]

Many incapacitated people of unequal ability have failed for want of tact. An advocate should have to remain calm and not quarrel while presenting his/her arguments and especially not lose their temper over trifle things either inside or outside of the court. As Justice F.M. Ibrahim Kalifulla has aptly said:

“Men of unquestioned ability have suffered for quarrelling with the tribunal or for standing on their dignity over trifles, for getting their clients, or for losing their tempers; they are men of parts but without tact.”[5]

The Seven Lamps of Advocacy

The seven lamps of Advocacy[6] an admirable book written by Judge Abbot Parry refers to the essential qualities that must be possessed by an advocate for success in his legal profession and the bar.

To have a clear overview of what these lamps indicate and what is their importance and value, let’s discuss each of them one by one:

1. Honesty

Honesty is the most crucial quality that an advocate must possess and it should be reflected in his thoughts, words, and deeds. An advocate should be dependable and reliable in a fiduciary capacity to all who seek his services and advice. Honesty in the profession will increase both professional and personal reputation and respect in society.

2. Courage

It is an advocate’s duty to work to uphold the interests of his/her clients by all fair means without fearing of unpleasant consequences to himself or any other person. Knowledge and skill increase the courage and confidence in an advocate to present its best foot forwards in a case that is in the client’s interest.

3. Industry

Industry indicates hard work which is absolutely necessary for an advocate. The legal knowledge of an advocate should be up to date and not ignorant of the current law in force and to gain the required knowledge, an advocate must do a systematic study to get acquainted with the latest law. If they ignore the right law in force, the law will also ignore them. That’s why it is said that “law is the jealous mistress” which require one to be updated with the changes and amendments.[7]

4. Wit

The lamp of wit is necessary to lighten the darkness of advocacy. Wit means a clever and humorous expression of ideas; the liveliness of spirit. It flows from intelligence, understanding, and quickness of mind. Having a smart wit works in reducing the workload of an advocate and relaxes its mental strain. Often an advocate’s wit turns a Judge from an unwise course where judgment or rhetoric would certainly fail.

5. Eloquence

Eloquence is related to oratory art, which means fluent oral communication and skilful use of language with persuasion to appeal to others’ feelings. The eloquence quality plays a crucial role in the success of advocates in their profession as fluent speaking tends to impress the bench and attracts observers.

6. Judgment

Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into right action.’[8] An advocate must exhibit a wise judgment-making quality to estimate, consider, and form an opinion on the concerned issue with good sense and ability. Judgment here means the deep study of the case and make an informed opinion about the same with the related consequences that could arise out of it. After estimating the issues of the clients, he should them inform them of the accurate legal position openly.

7. Fellowship

The lamp of fellowship means membership in a friendly association or companionship. It is pertinent to remember that although advocates are adversary parties before the bench, they are not enemies and their conflict should end right after they come out of the court’s doorsteps. Advocates should keep burning the fellowship lamp and encourage each other in the legal field while unmistakably expressing individual thoughts and views.

Conclusion

Advocates have a professional duty and large responsibility towards society. They are expected to act with utmost honesty and sincerity and are under an obligation to uphold the rule of law and preserve the public justice system. In all professional conduct, an advocate should be diligent in his/her functions and conform to the prescribed law, rules, and etiquettes under Chapter II, Part VI of the Bar Council of India Rules.

Any violations of the professional ethics of advocacy are as unfortunate, as is unacceptable. Therefore, the aforementioned seven lamps of advocacy act as a guiding principle for all the lawyers, and those who are yet to be, to inculcate sound principles and ethical values in their profession and enable the justice system to function full potential.

[1] J.S. Jadhav v. Mustafa Haji Mohamad Yusuf, AIR 1993 SC 1535.

[2] Hon’ble Mr. Justice F.M. Ibrahim Kalifulla, Legal Profession: Challenges and Prospects & The Art of Advocacy, last assessed 1^st Feb 2021, at

http://tnsja.tn.gov.in/article/Legal%20Profession%20Challenges-FMIKJ.pdf.

[3] Section 49(1) (c), Advocates Act, 1961.

[4] Krishnaswami Aiyar, Professional Conduct and Advocacy, (2007).

[5] Supra at 2.

[6] Parry, Edward Abbott, Sir, 1863-1943.Seven lamps of advocacy. London, T.F. Unwin [1923].

[7] Vishal Anand, Seven Lamps of Advocacy, last assessed Jan 1^st Feb, Available Here

[8] Sandeep Bhalla, Professional Ethics in Legal Profession in India. N.p.: n.p., (n.d.).

1. Online Judiciary Preparation Tool – Legal Bites Academy
2. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams

About the College

B.M.S. College of Law, a premier institution of excellence in imparting legal education, in Bengaluru. It was established during the academic year 1963- 1964 by Late Sri. BS Narayan, Donor Trustee, under the aegis of BMS Educational Trust. The college imparts education in B.Com. LL.B., BA.LL.B., &LL.B., 5&3 Year Degree Courses. The college takes pride in its distinguished legacy of legal luminaries like Hon’ble Mr. Justice E.S. Venkataramaiah, Former Principal, B.M.S. College of Law,19th Chief Justice of India, Hon’ble Mr. Justice M.N. Venkatachalaiah, 25th Chief Justice of India., and others.

About the Competition

The Moot Court Society of B.M.S. College of Law organizes one of the most prestigious B.M. Sreenivasaiah National Moot Court Competitions every year. The Current 8th B.M. Sreenivasaiah National Moot Court Competition is scheduled to be held from 04-06 August, 2023. This year’s problem revolves around the intricacies of Homo-sexual relationship and its legal implications. The National Moot Court Competition will be held at B.M.S. College of Law, Bangalore, Karnataka.

Important Dates

• Last date for receipt of Provisional Registration through Google form: 15th June 2023
• Final Registration and payment of Registration Fee: 20th June 2023
• Last date for queries regarding the problem: 25th June 2023
• Last date for submission of Moot Memorials (Soft Copy): 15th July 2023
• Last date to receive Hard Copy of the Memorial and registration forms: 20th July 2023
• Inaugural Program: 04th August 2023
• Researcher’s Test: 04th August 2023
• Draw of Lots for Preliminary Rounds: 04th August 2023
• Preliminary Rounds and Quarter Final: 05th August 2023
• Semi-Final and Finals: 06 August 2023
• Valedictory Program: 06 August, 2023

Registration Details

1. Teams are required to complete their Provisional Registration on or before 15 June 2023.
2. The Provisional Registration shall be done by scanning the QR code or visiting the link below.

Click here to Register

1. The final registration shall be completed on or before 20th June 2023 along with payment of the Registration fee of ₹ 4,000/-.
2. Note: Hard copy of the Duly filled registration form (Enclosed), Bona-fide certificates, and fee paid receipt shall reach organizers by 20th July 2023.
3. Note 2: The entries are restricted to 32 (Thirty-Two) teams on a first come first serve basis along with completion of the final registration process.

Payment Details

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• Account Number 20022950403
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Awards

• Winners: ₹ 35,000 + Trophy + Certificate
• Runners-Up: ₹ 30,000 + Trophy + Certificate
• Best Written Submission: ₹ 5,000 + Trophy + Certificate
• Best Orator Male: ₹ 5,000 + Trophy + Certificate
• Best Orator Female: ₹ 5,000 + Trophy + Certificate
• Best Researcher: ₹ 5,000 + Trophy + Certificate

Every Participating Team shall be awarded a “Token of Appreciation and Certificate of Participation”

Contact

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• Ms. Sahana Florence (Faculty Co-ordinator): +91-8088240216
• Smt. Raniyal Niyada P (Member, Moot Court Society): +91-9567640275
• Suteja Kulkarni (VIII Sem, B.Com.LL.B Student Co-ordinator): +91-9742123974
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The article ‘World Environment Day, (5th June)’ emphasises the interdependence of human beings and the natural world, highlighting the crucial role that a healthy environment plays in supporting our livelihoods and overall well-being. It aims to disseminate information about the history, theme, global participation, and impact of World Environment Day.

World Environment Day 2023 | 5th June

World Environment Day is an annual event observed on June 5th to raise global awareness and promote action for the protection and preservation of the environment. It serves as a platform to encourage people worldwide to take positive environmental actions and drive change in their communities.

Here are some key points about World Environment Day:

History: World Environment Day was established by the United Nations General Assembly in 1972 during the Stockholm Conference on the Human Environment. The first World Environment Day was celebrated in 1974.

Theme: Each year, World Environment Day focuses on a specific environmental issue or theme. The theme is chosen to highlight a pressing concern and encourage individuals, organizations, and governments to take action. The theme for each year is determined by the United Nations Environment Programme (UNEP).

Global Participation: World Environment Day is celebrated in over 100 countries, involving millions of people, including individuals, communities, organizations, and governments. Various activities such as tree planting, clean-up campaigns, awareness drives, seminars, and workshops are organized worldwide.

Host Country: Every year, a different country is selected as the global host for World Environment Day celebrations. The host country plays a crucial role in setting the stage for international discussions and action on environmental issues.

Awareness and Advocacy: World Environment Day provides a platform for raising awareness about environmental challenges and promoting sustainable practices. It encourages individuals and organizations to adopt eco-friendly behaviours, such as reducing waste, conserving energy, protecting biodiversity, and adopting sustainable lifestyles.

Sustainable Development Goals (SDGs): World Environment Day aligns with the United Nations’ Sustainable Development Goals, which aim to address global challenges such as poverty, inequality, climate change, and environmental degradation. The event contributes to the achievement of several SDGs, including Goal 13 (Climate Action) and Goal 15 (Life on Land).

Global Campaigns: The United Nations Environment Programme launches global campaigns in support of World Environment Day. These campaigns aim to mobilize individuals, communities, businesses, and governments to take specific actions related to the year’s theme. Social media campaigns, online resources, and educational materials are often used to spread the message.

Impact: World Environment Day has made a significant impact over the years. It has played a crucial role in generating political attention, creating awareness, and driving action on various environmental issues, such as climate change, deforestation, plastic pollution, and biodiversity loss.

A healthy environment plays a crucial role in supporting our livelihoods in numerous ways. Here are some key aspects:

Food Security: A healthy environment is necessary for agricultural productivity and food security. A diverse and well-functioning ecosystem supports pollination, nutrient cycling, and pest control, ensuring robust crop yields. Additionally, healthy oceans and freshwater bodies provide a sustainable source of fish and seafood, which is a significant food source for many people worldwide.

Climate Regulation: The environment helps regulate the Earth’s climate by absorbing greenhouse gases, regulating temperature, and maintaining weather patterns. Healthy forests, wetlands, and oceans act as carbon sinks, mitigating climate change. Stable weather patterns are essential for agriculture, water availability, and infrastructure planning.

Economic Opportunities: A healthy environment creates economic opportunities and supports various industries. For example, ecotourism relies on pristine natural landscapes and biodiversity, attracting visitors and generating revenue. Sustainable industries like renewable energy, organic farming, and green technologies contribute to job creation and economic growth.

Health and Well-being: A clean and healthy environment directly impacts our physical and mental well-being. Fresh air and clean water are vital for maintaining good health. Access to green spaces, such as parks and forests, promotes physical activity, reduces stress, and enhances mental health. Furthermore, a healthy environment helps prevent the spread of diseases and reduces exposure to pollutants and toxins.

World Environment Day serves as a reminder that everyone has a role to play in protecting and preserving the environment. It emphasizes the need for collective efforts and individual actions to create a sustainable and healthier planet for future generations.

Important Links

The article ‘Instances of Corporate Governance Lapses in India’ provides an overview of notable cases that have exposed governance failures within Indian companies, highlighting the consequences and the lessons learned from these incidents. The article underscores the critical importance of robust corporate governance practices to safeguard investor interests, foster long-term sustainability, and maintain the overall health of the Indian economy.

At an alarming rate, the number of Corporate Fraud is on the rise. To guarantee control, transparency and reporting mechanisms including whistleblower complaints, the regulations are constantly revised. Even though it’s a tough pill to swallow it is a universal fact that the wrongdoers are always ahead in terms of everything.

We need to accept that cases of fraud have turned out to be inevitable and it is high time that companies realise the importance of implementing solid systems, processes, management practices and a strong recruitment process to ensure they hire people with the right integrity and value systems. In addition, the promotion of employee awareness about fraud targets using highly structured training mechanisms and ensuring that fraud is handled impartially and perpetrators are adequately punished should also be encouraged.

Satyam Scam

In the Indian IT services industry, Satyam Computers Services Limited was one of India’s most successful companies. Ramalinga’s started the company in 1987, which was based out of Hyderabad, India. The company was founded with 20 employees and has grown to be a global firm. It provides IT outsourcing and business process outsourcing services in a variety of sectors. The company started with a range of complex entrepreneurial growth strategies designed to take on national and international competitors efficiently.

Overall, the company saw considerable growth between 2003 and 2008. The entire sales of Satyam throughout the period were $467 million. In March 2008, the company’s entire market worth was calculated to be approximately USD 2.1 billion. In the years 2003 to 2008, it was estimated that businesses grew 35% a year. Even EPS demonstrated a 40% yearly growth interest rate. Last but not least, Satyam’s stock price increased by 300% in less than five years, from 138.08 to 526.25 at its high in January 2003. Significant corporate growth and shareholder value were produced by Satyam. The activities Satyam took in the outside world helped the business expand. However, the data did not provide a whole picture.

The chain of events began with Satyam’s decision to merge with Maytas Infra and Maytas. The merger of the companies has caused several regulatory issues that have led to difficulties for the Raju brothers. The Raju brothers have conspired such a massive fraud to artificially increase their income. An increase in turnover predicted a huge increase in profits. In turn, it attracted many investors and boosted stock prices to new heights. Such an opportunity has been taken up by the

Satyam brothers, who are the original promoters of the Satyam companies and sold their shares at a much higher price. They got around 1200 crore profit from the deal. For their benefit, the brothers have edited and altered the books and bank accounts. An ERP system is used by most companies to manage their accounts. The Raju brothers, however, used this power to develop their own Enterprise Resource Planning system for accounting. There were a lot of loopholes in the system, unlike other systems. The fake bank statements were estimated to have more money than the actual ones. They had put money in a fixed deposit account and such limit deposits had a value of around 5000 crores.

Harshad Mehta Scam

By exploiting the escape clause in the financial framework, Harshad Mehta, an engaged and prominent businessman, controlled the Bombay Stock Exchange BSE along with his accomplices. Mehta allegedly lured the bank representatives to get Fake Bank Receipts. He borrowed money from these banks to get loans from different banks as they seemed to be lending in favour of state protection.

The same amount has been transferred to the stock market to increase its share price by a massive 4400 per cent. Mehta subsequently made huge profits on those tenders and the principal was returned to the banks. In total, nearly 4,000 Crores have been embezzled by Mehta from the banks.

Later, when his ways of operating the financial market were discovered and exposed, the banks realized they were controlling fake banks with no value. As a result, the hedge control framework for Corporate Banks and the Reserve Bank of India has been broken down by a sharp drop in equity costs and market conditions. As a result of this, the market for 2500 billion was reduced by about 35 billion and it has led to a collapse in bidding. Quotations of Bombay shares changed to change entries in the stock exchange system and this created a general anxiety among the people and the banks suffered badly.

The forgery of bank receipts and cash transfers to Mehta’s account was carried out by banks such as Standard Chartered, and ANZ Grindlays.

The authorities noted that the absence of a modern framework which had an impact on the whole market for securities was one of the most important problems with finance exchanges’ currency structure. Officials of different banks were held responsible for false accusations. The Bombay High Court and the Supreme Court of India have fined Mehta 49.99 billion rupees $740 million each for financial outrage. They arrested a lot of bank officials, which led to the complete collapse of banking.

KingFisher Airline Scam

Kingfisher Airlines Limited, A Company founded and owned by Vijay Mallya, was an Indian airline group. Passengers were treated with good services by Kingfisher Airlines, but it failed to make a profit. In the domestic market, this company did not make a profit. In 2008, Vijay Mallya decided to buy an International Airline, Air Deccan, and Kingfisher Airlines started flying international flights which led to a huge loss. In addition, the price of jet fuel has risen and the Indian currency was falling compared to the dollar. Kingfisher Airlines had decided to get substantial loans from India’s banks. Five banks took up the loan: State Bank of India, Bank of Baroda, United Bank of India and Union Commercial Bank from April to November 2009. They approached a different bank, IDBI, in late 2009. The amount of the firm’s debts was so high that it took out new loans with banks to repay its previous commitments.

The debt increased to 9000 crores in 2010, with SBI and IDBI accounting for the largest share of the debt. Kingfisher Airlines has declined to pay its staff. The employees moved to other companies in a few months. Kingfisher Airlines was classified as a non-performing asset by the State Bank of India in 2012. Finally, after its flight licence was cancelled by DGCA in October 2012, Kingfisher Airlines ceased to exist. Kingfisher Airlines’s share value became zero.

On January 5, 2019, the Prevention of Money Laundering Act (PMLA) came into force and Justice M.S. Azmi, in his oral order, declared Mallya a wanted economic offender under Section 12 of the Act at the request of the enforcement agency. Under the anti-fugitive law, he was one of the first businessmen to be charged. The government has since been pursuing legal action against him to recover the alleged 9,000 crore loan default. This process may involve confiscating his assets.

Ketan Parekh Case

When it comes to the manipulation of the stock market, Ketan Parekh bears a resemblance to Harshad Mehta. After the Harshad Mehta fraud, Ketan Parekh’s scandal was the second major scam for the Bombay Stock Exchange. He was said to be a believer in the Information, Communication and Entertainment Industries or ICE industries. It was not unique, given that these stocks skyrocketed across the world as a result of the Information Technology boom at the beginning of the 1990s and into the 2000s. The irony, of course, was that Ketan Parekh tried to find stocks with very little market cap or liquidity. Then he’d be pumping money into the stocks and starting up a fictitious business within his network of companies.

For starters, he accepted cash from promoters of a lot of companies for the increase in their share prices. It is believed to be an insider trading technique and was sufficient for Ketan Parekh to have been in deep trouble. However, a large amount of money was embezzled from Madhavapura Mercantile Commercial Bank by Ketan Parekh. He was said to be bribing the officials of that bank to make them lend more for his shares than permitted by law.

The Bank initially exceeded the limits for borrowing against marketable securities with a loan to Ketan Parekh. Then he began to receive unsecured loans from the bank. He did not trade on his own but instructed other stockbrokers to hold the securities and paid them a commission to do so, which compensated them for losses incurred in the course of the transaction.

However, Ketan Parekh needed money after the Cartel started to counterfeit K-10’s stock. A loan to Parekh was also unable to be renewed or secured by MMCB Bank. Consequently, the Calcutta Stock Exchange has also been closed down and there was a huge sell-off in the market that led to the liquidation of those traders holding positions under his name. Ketan Parekh was immediately arrested and charged in connection with the incident. He was banned from trading on the Bombay Stock Exchange for 14 years until 2017. Additionally, he was convicted of money laundering and sentenced to one year of rigorous imprisonment. Moreover, he was ordered to serve one year’s rigorous imprisonment for the offence of money laundering.

The Saradha Group Chit Fund Case

Originally set up as a chit fund, the Saradha group started issuing debentures and redeemable preferential bonds in 2009. SEBI rules on the issuing of prospectuses and balance sheets by companies to obtain capital from a minimum of 50 individuals were directly violated in this case. When SEBI intervened to hamper its ability to find fault, as many as 239 companies belonged to the Saradha Group. Because of the continuing interference from SEBI, the Saradha group adopted its capital-raising strategy in 2010.

From the start, it has been made up of various investment schemes, travel packages, real estate, infrastructure financing and motorcycle manufacturing. The true nature of their investments is not known to them because they are only promised a high return. In 2011, when SEBI issued a warning to the Government of West Bengal about Saradha’s financing activities, those methods were modified by Saradha. He acquired and sold shares of a wide range of companies on the stock market, as well as embezzling money from various unknown accounts. In Dubai, South Africa and Singapore Saradha laundered a large amount of money.

In 2012, SEBI forced Saradha to immediately cease all investment activities pending SEBI’s clearance to operate. The group has not complied with that requirement, and until the 2013 accident continued to operate. Sudipto Sen sent a letter to the Central Bureau of Investigation on April 6 2013 in which he gave an eighteen-page statement confessing that he’d paid significant amounts of money to several politicians. On April 18, the warrant for his arrest was issued. Later on, after a week Sudipto Sen and his associates, Debjani Mukherjee and Arvind Kumar Chauhan were arrested in Kashmir on 23 April 2013.

The Bank of Baroda case

In this case, the Bank of Baroda is charged with transferring an enormous amount of unaccounted black money disguised as payments for non-existent imports such as cashews, pulses and rice amounting to INR 6,172 crore. The cash advance for imports which never occurred has been attributed to a total of 59 accounts. The Central Bureau of Investigation and the Enforcement Directorate started investigating this matter on 12 October 2015. In addition, it is alleged that the money was transferred as an import cash advance to 59 accounts of the bank’s Ashok Vihar branch, in New Delhi, and sent to certain selected companies in Hong Kong. The Bank of Baroda said in a press release that 59 existing accounts which were the subject of major currency transfers have been set up by its branch from May 2014 to June 2015.

Over that year, a total of 5853 remittances amounting to USD 546.10 million were carried out via 38 check accounts and approximately INR 3500 Crores have been transferred by various persons from abroad mainly in Hong Kong and the United Arab Emirates. It should be noted that 13 accounts have been opened in HDFC Bank during February, and March 2015 to send money abroad even before 59 accounts were set up in Bank Baroda which was under surveillance by the Enforcement Directorate and the Central Bureau of Investigation. Subsequently, six people suspected of involvement in the scam have been detained and brought to justice on charges relating to criminal conspiracy, prevention of corruption etc.

The Reebok India Case

Reebok India is alleging fraud amounting to an amount of over INR 870 crores by the former MD, COO. Since 2005, Reebok International Limited has been a subsidiary of Germany Adidas AG and specialised in the production of sports footwear, and accessories. Later, the US Reebok was taken over by German Adidas. The idea of increasing the warranty margins for retailers to achieve increased sales was originally conceived by Reebok India, headed by Shubinder Singh. With its conservative German roots, Adidas has not been in favour of this practice. From the very beginning, however, there had been rifts in the new administration and Shubinder.

In 2010, Adidas commissioned the audit firm KPMG to examine Reebok’s India operation, and in June 2011, a report was sent indicating that Singh’s expenses were higher than his income. In 2012 the fraud was uncovered, leading to the resignation of Shubhinder Singh Prem from his position as Managing Director for Reebok India on March 25th. Later, Reebok India director Shubinder Singh Prem and CEO Vishnu Bhagat were charged with a scam on 21 May 12. Internal investigations were carried out by the Chief Financial Officer of the company, Shahin Padath. Following this, an FIR was lodged at the Gurgaon police station by Shubhinder Singh who filed a defamation case against the company and demanded damages of INR 15 million.

The main charges made by Adidas are mentioned as follows:

• Fudging company accounts
• Loss of a whopping amount of close to 870 Cr due to the opening of warehouses

Conclusion

Consequently, to ensure that these types of fraud do not take place, it is necessary to state that the management of companies must be robust. Corporate governance failures often involve ethical lapses, such as fraudulent accounting practices, bribery, or insider trading. It requires a multi-faceted approach involving regulatory reforms, strengthened oversight mechanisms, enhanced transparency, and improved corporate culture. By learning from past failures, organizations can strive to prevent future governance breakdowns and promote responsible and sustainable business practices.

References

[1] Analysis on Corporate Governance Failure, Available Here

[2] Corporate Governance Failures in India, Available Here

[3] Naresh Kataria, Corporate Frauds in India, Available Here

[4] Bank of Baroda Scam, Available Here

[5] Harshad Mehta Scam, Available Here

[6] Dalmia Scandal, Available Here

[7] What is the Saradha scam case, Available Here

Important Links

CLE National Essay Writing Competition is being organised by The Centre for Law and Economics under the aegis of Dharmashastra National Law University, Jabalpur.

About the Centre

The Centre for Law and Economics (CLE) was established under the aegis of Dharmashastra National Law University, Jabalpur, Madhya Pradesh: with the goal of promoting study in the co-joined disciplines of Law and Economics, as well as understanding the interdependent relationship between the state of the economy and the effect that it has on the country’s economic laws. The Centre aims at promoting awareness and research in the field of Law and Economics.

About the Erudite Legal Law Firm

Erudite Legal is a multidisciplinary law firm which aims to help its esteemed clients accomplish their business objectives by providing the highest standards of legal services. Endowed with a sharp vision and tailor-made strategies, we are committed to providing high-end and full range of services in different areas of Corporate Advisory, Drafting and Negotiation of Commercial Contracts, Mergers & Acquisitions, Litigation, Alternative Dispute Resolution mechanisms, Intellectual Property Rights and General Regulatory advice.

About The Competition

One of the most daring multidisciplinary topics is law and economics, which deals with the use of macro and micro economic theories in legal frameworks expanding their assistance in performance evaluation and offering answers to prevalent issues. Both domains are intrinsically tied to one another and include a wide range of topics, including property, contracts, torts, criminal law and process, administrative law, constitutional law, environmental law, family law, and many more. The benefit of studying these topics concurrently allows for evaluation of legal regulations and their economic viability, as well as analysis of the consequences of laws passed, on the public owing them to explore the new dimension of the research process, this competition will inspire the students to improve their research abilities.

Eligibility Criteria

Any student pursuing under-graduate degree from a reputed school/college/university is eligible to participate in the Competition.

Important Deadlines

• Registration Deadline: June 20th, 2023 [11:59 PM]
• Submission Deadline: July 30th, 2023 [11.59 PM]
• Declaration of Results: August 21th, 2023

Themes

• Economic and Legal impact of Work from Home (WFH) policy.
• Economics and laws relating to Artificial Intelligence.
• Economics of Intellectual Property Rights.
• Law and Economics of Tribal Diaspora Development.
• Economics of gender related laws in India.

All sub-themes are illustrative.

Registration and Fee Submission

The registration fees for participating in the competition is Rs. 250/- .

Note: All the participants will get a hard copy of Certificate and Souvenir

Fee can be paid through NEFT/IMPS at:

• Account Holder Name: DHARMASHASTRA NATIONAL LAW UNIVERSITY
• Account Number: 6291000100013591
• IFSC : PUNB0629100
• Bank Name: Punjab National Bank
• Branch: AHQ Madhya Bharat Area, Jabalpur (M.P.)
• Type: Savings
• MICR Code: 482024016

Registration Link: Click Here

Prizes

Winners shall be awarded the following prize money:

• First Prize: Rs. 21,000/-
• Second Prize: Rs. 15,000/-
• Third Prize: Rs. 10,000/-
• Merit Certificates: Top Ten Submissions will also be given Merit Certificates.

Brochure: Click Here

Contact

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination

Candidates preparing for Punjab Judicial Services Exam should solve the Punjab Judicial Services Exam Mains 2023 Paper (Civil Law-1) and other previous year question papers before they face Prelims and Mains.

It also gives an idea about the syllabus and how to prepare the subjects by keeping the previous year’s questions in mind. All toppers are mindful and cognizant of the types of questions asked by the PCS (JB), to be aware of the various different tricks and types of questions. This should be done by every aspirant when starting their preparation. It is very important to have an overall understanding of the pattern and design of questions.

Punjab Judicial Services Exam Mains 2023 (Civil Law -1)

Only practising the authentic question papers will give you a real feel of the pattern and style of the questions. Here’s Punjab Judicial Services Exam Mains 2023 Paper (Civil Law-1).

Punjab Judicial Services Mains Written Examination 2023

Civil Law -1

Time: Three Hours

Maximum Marks: 200

Instructions for candidates:

1. Attempt ALL the questions and in the same order in which they appear in the question paper.
2. Marks for individual questions are indicated against each question.
3. Support your answers with relevant provisions and case law.
4. No extra answer sheet will be provided.

Question-1

a. Mr. A owns a piece of land in a residential area. Mr. B, a neighbour, is planning to construct a commercial building on his property, which violates the local zoning regulations. Mr. A is concerned that the construction will negatively impact the value of his property and the peaceful residential character. Mr. A files a suit seeking injunction to halt the construction. What would be the essential principles that need to be satisfied in the above fact situation for the Court to grant temporary injunction? Discuss. (10 Marks)

b. Write short notes on the following:

(i) Misjoinder of parties (ii) Summary suit

(iii) Precept (iv) Garnishee…..(10 Marks)

c. Discuss the difference between “Res judicata” and “Constructive Res judicata” in terms of their applicability and effect on litigation Explain the circumstances under which a matter can be considered “Res sub judice”. (10 Marks)

d. What is ‘Set-off’ and ‘Counter claim’? Explain the difference (10 Marks)

Question-2

a. The law provides for a preliminary and a final decree. Explain the object behind these two kinds of decrees. (10 Marks)

b. In a dispute between two parties, the parties are encouraged to settle their dispute outside the court. Elaborate on the alternative mechanisms through which the parties may settle their dispute as per the Code of Civil Procedure, 1908. (10 Marks)

c. Discuss the right to recover immediate possession of residential building or scheduled building and/or non-residential building in relation to the Non-resident Indians under the East Punjab Rent Restriction Act, 1949. (10 Marks)

d. “A Force Majeure clause in a contract may relieve the parties from the uncertainties regarding the consequences of an event on which they have no control. Also, if an alternative mode of performance is provided in the contract, then the party has to switch to this mode instead of calling for the application of a force majeure clause.” Discuss. (10 Marks)

Question-3

a. What is meant by Novation of Contract? How is it different from ‘Accord and Satisfaction’ under the Indian Contract Act, 1872? Explain. (10 Marks)

b. “Risk prima facie passes with the property.” Explain this statement in the light of the Sale of Goods Act, 1930. (10 Marks)

c. Comment upon the principle ‘Nemo Dat Quod Non Habet under the Sale of Goods Act, 1930. (10 Marks)

d. A, B and C are partners in a firm. As per terms of the partnership deed. A is entitled to 30 percent of the partnership property and profits. A retires from the firm and dies after 15 days. B and C continue business of the firm without settling accounts. What are the rights of A’s legal representatives against the firm under the Indian Partnership Act, 1932? (10 Marks)

Question-4

a. What is the relevance of ‘Public Notice’ under the Indian Partnership Act, 1932? When and how could a Public notice be given under the Act? State the consequences if such a Public notice is not given? (5 Marks)

b. Mr. X was in settled possession of a piece of land. However, he has been forcibly dispossessed from the land. What is the remedy available to him and the period within which he can avail the same. Explain. (10 Marks )

c. Discuss the impact of DNA technology upon the presumption of legitimacy embodied under Section 112 of the Indian Evidence Act, 1872. (10 Marks)

d. Previous judgments are not relevant in any subsequent case or proceeding unless they are judgments in rem. Explain. (10 Marks)

e. The provision of judicial notice under the Indian Evidence Act, 1872 is best explained as a requirement of expediency. Discuss. (5 Marks)

Question-5

a. What is a ‘mortgage’? Evaluate the difference between a mortgage by conditional sale and a sale with a condition of repurchase. (10 Marks)

b. What is meant by ‘Vested Interest’ and ‘Contingent Interest’? Discuss. (10 Marks)

c. Comment upon the 2018 amendments relating to ‘Specific Performance in the Specific Relief Act, 1963 with illustrations. (10 Marks)

d. He who seeks equity must do equity. How far does this maxim provide relief in cases of improvements made by bonafide holders under defective title? Explain. (10 Marks)

Legal Bites brings to you Constitutional Law Mains Questions Series. The questions enlisted here are arranged section-wise and will aid the students in preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them good practice for their aptitude and knowledge.

Constitutional Law Mains Questions Series Part I

We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer reflects not only the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.

Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.

Constitutional Law Mains Question-Answer Series Part I of X

Question 1

Write a short note on Preamble to the Constitution of India. [BJS 2000; BJS 2006, MPJS 2012]

Question 2

Discuss briefly the ‘three leading characters of a completely developed Federalism’ mentioned by Dicey and point out the merits and demerits of a Federal Constitution. [BJS 1978]

Question 3

It has been observed that ‘since’ the expression “quasi-federal” is liable to be used as a hideout for lurking federalism, it is appropriate that the fact that the Constitution of India is not federal should be started and acknowledged in those unambiguous, simple, and accurate words. Develop arguments for this view and refute them, giving at the end of your answer own independent views on the matter. [BJS 1980]

Question 4

Write a short note on the Salient Features of the Government of India Act, 1935. [BJS 1980]

Question 5

“The Government of India Act, 1935, was federal in structure but unitary in spirit.” Do you agree? Give reasons for your answer. [BJS 1984]

Question 6

Write a short note on Federal Court established under the Government of India Act,’ 1935. [BJS 1987]

Question 7

State briefly the salient features of the Government of India Act, 1935. What were its main defects? [BJS 1991]

Question 8

“The Indian Constitution is federal in form but unitary in substance”. Comment. [UPJS 2003]

Question 9

To what extent did the Government of India Act, 1935, contribute to the present Constitution of India? Discuss, pointing out relevant provisions of each. [BJS 1986]

Constitutional Law; Notes, Case Laws And Study Material

Question 10

What are the major commitments of the Constitution of India as incorporated in its preamble? [MPJS 2014]

Question 11

Discuss the secular character of the Indian Constitution. [BJS 2000]

Question 12

Discuss the relationship between the Fundamental Rights and the Directive Principles of State Policy. [BJS 2017]

Question 13

What do you understand by Fundamental Rights? How do they differ from other rights? Are they amendable? Refer to important Supreme Court decisions on the subject. [BJS 1991]

Question 14

Briefly discuss the applicability of the Doctrine of Severability under Article 13(1) of the Constitution of India. [RJS 2015]

Question 15

“Fundamental Duties do not destroy Fundamental Rights but balance them”. Examine the above statement by citing judicial pronouncements. [UPJS 2006]

Question 16

Can Parliament amend Part III of the Constitution of India relating to Fundamental Rights? Discuss. [UPJS 2016]

Question 17

Describe the prohibition of discrimination based on sex.

Question 18

Explain the meaning, scope, and extent of the term “citizen” within the purview of the Constitution of India. [MPJS 2014, 2019]

Constitutional Law; Notes, Case Laws And Study Material

The article ‘Current Concerns Regarding Women: Health and Legal Implications’ sheds light on the alarming rates of gender-based violence, emphasizing an overview of the key issues impacting women’s health and briefly provides the legal framework that acts as an ongoing effort to improve the position of women in various spheres.

1) The Concept of Women’s Issues

The concept of women’s issues refers to the unique challenges, experiences, and inequalities faced by women in various aspects of life, including social, economic, political, and cultural domains. Women’s issues are rooted in gender inequality, which manifests in different forms and affects women’s rights and opportunities. Historically, women have been marginalized and discriminated against based on their gender. Some common women’s issues include:

• Gender-based violence
• Economic inequality
• Reproductive rights
• Political underrepresentation
• Unequal access to education
• Stereotyping and discrimination
• Health disparities

a) Gender Role Stereotyping and Women’s Issues

Women who are treated differently due to stereotyped expectations, attitudes, or behaviours are said to be discriminating against them. Just a few illustrations

The Special Rapporteur on the Rights to Food drew attention to the stereotypes about how women should behave in the home, which frequently leads to a division of work that leaves women with insufficient time and lower levels of education.

The CEDAW Committee has noted how persistent practices including violence and coercion are a result of conventional beliefs that regard women as inferior to males.

Both the CRC and the CEDAW Committee acknowledged that harmful practices are multifaceted and include gender and sex-based stereotypes.

The investigation of cases of violence and punishment of perpetrators are supported by patriarchal notions and stereotypes that adversely affect their objectivity and impartiality, as stressed by the Special Rapporteurs on violence against women and the independence of judges and lawyers.

The Special Rapporteur on the Right to Health additionally pointed out that sexual and reproductive rights are frequently restricted as a result of societal norms that are frequently based on stereotypes about the need to control women’s independence, particularly with regard to sexual identity and life.

2) Women and Health

Women in India have limited access to healthcare considering the sociocultural environment there. The most important manifestation of this element has been women who come from rural areas and poor socioeconomic strata. Levels of earnings and educational background, as well as “attitudes towards marriage, age of marriage, the value associated with fertility and sex of the child, the structure of family organizations and the ideal position demanded of Women by social conventions,” are all interrelated economic and sociocultural factors that have an impact on women’s health. We must therefore consider the issue of women’s health in light of the surrounding circumstances. In this part, we’ll look at some significant aspects of women’s health in India.

A) Sex-ratio and Life Expectancy

The sex ratio, or the number of women for every 1,000 men, is a key sign of the standing of women in society. According to census data, the ratio of girls to males is constantly dropping even while the number of women has climbed from 117 million in 1901 to 329 million in 1981 and 495 million in 2001. In 1901, there were 972 females for every 1,000 males, but by 1971, that number had decreased to 930. With 934 females to 1,000 males in 1981, the female sex ratio has very slightly increased. In 1991, it fell even more to 927. And it increased to 933 in 2001, a small increase.

Similar to this, although both sexes now have longer life expectancies, the disparity between them is growing. The average lifespan in 1921 was 26 years for both genders. Male life expectancy rose to 47.1 years by 1961–1971 while female life expectancy remained at 45.6 years. Women’s life expectancy increased throughout the course of the decade, rising from 44.7 years in 1971 to 54.7 years in 1980.

The estimated age at birth in 1980 was 54.7 years for women and 54.1 years for males, respectively. The life expectancy between 1995 and 2000 was 64.9 for males and 61.9 for women. However, age-specific death statistics show that female children and adults have greater mortality every five years until they are 35 years old. The disparate sex ratio of newborn infants and the high female mortality rate are both contributing factors to the low female sex ratio and the poor life expectancy of women. Infant mortality, maternal death during childbirth, and early childhood neglect are the main causes of female mortality.

National Family Health Survey Data (2019-2021) indicated that there has been a rise in the overall sex-ratio having risen to 1,020 which was previously declining. Still, the sex ratio at birth is low around 929 indicating a preference for the male child.

B) Early Marriage and the Health of Women

Women’s health suffers when they marry young. Many girls get married when they are still teenagers. 53.3 per cent of women who are currently married and under the age of 18 were married in 1991, according to the census. And according to the National Family Health Survey (1993–1994), 33% of women were already married by the time they turned 15. Teenage pregnancy and other physiological issues are the results. In 1981, 43 percent of females between the ages of 15 and 19 and 7 percent of girls between the ages of 10 and 14 were married (Government of India, 1988).

As a result, 50% of girls are exposed to sexual activity and reproductive processes when they are teenagers. Due to malnutrition, excessive job demands, illiteracy, and lack of knowledge about sex behaviour, these pregnant women face a high risk of death. These teenage women are responsible for 10 to 15% of all births each year. However, the majority of their infants are malnourished, underweight, and at risk of dying.

According to the National Family Health Survey, 40% of the world’s 60 million child marriages take place in India. According to the International Centre for Research on Women, India has the 14th highest rate of child marriage in the world,

C) Pregnancy and Women’s Health

In India, women have 8 to 9 pregnancies on average and spend about 80% of their reproductive years nursing their babies. According to a study, nursing women and pregnant women in the low-income category both lack 1,000 calories. Only 3-5 kilogrammes, or significantly less than the required weight, are gained during pregnancy by women in lower socioeconomic classes. In India, 15 to 20 percent of all maternal deaths are directly attributable to anaemia during pregnancy. According to the official report, there are 400 to 500 maternal deaths for every 100,000 births. However, in some rural areas, this number can reach 1,000–1,200. Again, in both rural and urban locations, deliveries were performed by untrained individuals in over 71% and 29% of cases, respectively.

Medical cessation of pregnancy services is not offered in the majority of rural locations. In addition, women are unaware of the Medical Termination of Pregnancy Act of 1971, which legalised abortion. As a result, incompetent individuals continue to perform illegal abortions, creating major issues with abortion-related mortality and morbidity.

India accounts for a large proportion of global maternal deaths, with many women dying from preventable causes during pregnancy and childbirth.

3) Women and Law:

One of the major issues in the women’s movement has indeed been the pursuit of legal equality for women. The women’s movement has been dedicated to challenging and changing these discriminatory laws and practices, advocating for equal rights, opportunities, and protections for women under the law. The key issues of child marriage, widowhood, and women’s property rights were at the centre of the movements for women’s rights in India during the social and religious reform movements of the nineteenth century. The Hindu Code Bill was the main topic of discussion regarding women’s legal equality during the Indian Constitutional debate and the liberation war. After Independence, we entered a period of legal reform, marked by progressive, daring legislative measures that helped turn constitutional promises and guarantees into legislation and therefore helped to advance the legal status of women.

Many laws were passed during the post-Independence era with the intention of enhancing women’s social position and putting an end to discrimination and oppression against them.  While significant progress has been made, there are still ongoing efforts to address remaining disparities and achieve full legal equality for women. Some of the statutes of Women are below: 

a) Marriage, Dowry, and Divorce:

Significant new laws and revisions to existing laws have been introduced in independent India in these areas.

Marriage:

The practice of polygyny, in which a man might have multiple wives at once, was very common in traditional India. Polygyny has only been progressively declining during the last few decades. For all employees of the Indian government, polygamy is prohibited. Except for Islam, all other religions’ laws recognise monogamy. According to Islamic law, a husband’s right to have four wives and children by those spouses is a contractual right. 

Dowry:

Due to an increase in incidences of young married women dying and being labelled “dowry victims” during the beginning of the 1980s, several nonprofit organizations have been more concerned about speaking out against the practice of dowry. They have compelled the government to act firmly against the dowry custom. The Dowry Prohibition Act of 1961 was revised twice, once in 1984 and once more in 1986, to tighten its enforcement.

The court now has the authority to intervene based on its own knowledge or in response to a complaint from any recognized welfare organization under this statute. For the purpose of conducting an investigation, the offence has been made cognizable. As per Section 304-B of Dowry Death,

“Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.”

Divorce:

The personal laws clearly distinguish between a wife’s right to divorce and a husband’s right to divorce. If the woman has engaged in adultery, the husband may file for divorce in Christian law. But in order to seek a divorce, the wife must demonstrate a second offence (incest, bigamy, cruelty, or desertion) in addition to adultery. Similarly to this, Muslim law gives the husband complete discretion over whether to end the marriage.

b) Property and Inheritance:

In terms of property and inheritance, women are given a lower standing. Women have very limited ownership rights under Hindu Laws and the Indian Succession Act, 1925, which is applicable to all minority communities.

The Mitakshara and the Dayabhaga Schools,  are governed by the Hindu Succession Act of 1956. Women’s positions were ones of dependence and scant property rights. In 2005, parliament amended the Hindu Succession Act, 1956 to give daughters equal rights to inheritance and make them coparceners, on par with sons in a family

The son receives two-thirds of the estate, whereas the girl only receives one-third, even among Muslims. When a guy passes away and only leaves his daughter, she only receives half of his estate. The rest is given to distant relatives. Widows experience the worst. She only receives one-fourth of the estate in the case of a husband’s death without children. If there are kids, she only gets an eighth.

If a spouse passes away in the Christian community without leaving a will, his widow is only entitled to one-third of his property, or Rs. 5000. The remainder is split between his sons or the brother of his father, who are his lineal male descendants. If someone passes away without any kindred but has lineal descendants, just half of his estate passes to the widow. The remainder can be claimed by distant relatives.

Additionally, among the Parsis, a son’s part of his father’s estate is double that of a daughter. When a woman predeceases her husband, the daughter and son receive the mother’s property equally, but the daughter does not have the same rights when she inherits the father’s property.

C) Work, Remuneration and Maternity Benefits

The Equal Remuneration Act of 1973 mandates that men and women receive equal pay for performing the same or similar work. Additionally prohibited by this law is sex discrimination both during and after hiring. However, the unorganized sector, where the majority of women work, is not covered by this Act.

Maternity leave is offered to women who work in factories, mines, plantations, and government and semi-government organizations under the Maternity Benefit Act of 1861. In accordance with the Contract Labour (Regulation and Abolition) Act of 1970 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act of 1979, provisions are also provided for crèches to care for the children of women employed as contract employees.

D) Crime against Women

Women are the targets of many different types of crime. It can start even before a child is born, as well as during maturity and other life stages. Let’s look at some of the significant laws passed to end crime against women.

Domestic Violence

Domestic violence is a prevalent crime against women in India, occurring across various socio-economic backgrounds. Women experience physical, emotional, and verbal abuse within their own homes. The Protection of Women from Domestic Violence Act, 2005, was enacted to provide legal protection and support to victims of domestic violence.

Sexual Assault on Women

In modern Indian society, violence against women, both within and outside the home, has been a major problem. The Criminal Law (Amendment) Act of 1983, was updated by the Parliament in response to the increasing prevalence of violence against women. This amendment makes cruelty done by the spouse or his relatives a crime, giving legal status to domestic abuse. 

Sex Determination Test

The preference for male children in certain sections of Indian society, coupled with the dowry system and cultural factors, contributed to the rise in sex determination tests. In response to this alarming trend, the Government of India enacted legislation to address the issue.

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, commonly known as the PCPNDT Act, was passed in 1994 and amended in 2003. This law prohibits sex determination tests and regulates the use of prenatal diagnostic techniques to prevent the selective abortion of female fetuses. The PCPNDT Act also makes it illegal to advertise or promote sex determination tests.

4) Problems related to the implementation of the law

In India, a number of progressive legislations have been passed and important revisions have been made to the emancipation laws for women. However, much of the progressive legislation does not have the opportunity to be fully expressed within the context of society’s current beliefs and practices. According to the CSWI research, some

“pend provisions in the law are definitely influenced by the established patriarchal system, the dominant position of the husband, and the social and economic background of women.”

5) Conclusion

We have looked at how women are treated and their place in the current sociocultural environment, as well as the emergence of women’s studies. The legal standing of women and their physical health are crucial modern female issues. We discussed the reasons behind women’s low sex ratio as well as the health issues associated with early marriage and pregnancy in the section on women’s health. We reviewed the legal status of women in relation to the different laws passed in India about marriage, dowry, divorce, inheritance, the practice of sati, violence against women, work and remuneration, and indecent representation of women’s bodies in order to control all evil practices and acts that disturb the life of women.

Reference

[1] Contemporary Women’s Issues: Health and Legal Aspects, Available Here

[2] Contemporary Women’s Issues: Health and Legal Aspects, Available Here

[3] Women And Law, Available Here

[4] Maternal Health, Available Here

[5] Child Marriage in India, Available Here

Important Links

Himachal Pradesh Public Service Commission (HPPSC) conducts Himachal Pradesh Judicial Services Examination to recruit candidates for the posts of Civil Judge Junior Division. The examination is the entry-level exam for law graduates to become appointed as members of the subordinate judiciary. The members are appointed by the state government under the supervision of the respective High Court. The examination is held in three stages i.e. Preliminary Examination, Main Examination and candidates shortlisted in the main exam are called for an Interview.

Himachal Pradesh Judicial Services Examination: Study Material, Test Series and Tips

Module I: Notification, Syllabus and Tips

1. Official Website Notification: Himachal Pradesh Public Service Commission

Module II: Himachal Pradesh Judicial Services Examination Mains Previous Year Papers

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Module III: Himachal Pradesh Judicial Services Examination Prelims Previous Year Papers PDFs

To be uploaded

Module IV: Himachal Pradesh Judicial Services Examination Test Series

1. Prelims MCQ Practice (Redirects to Law Aspirants)

2. HPPSC Civil Judge Exam Mains Mock Test Series: (WhatsApp 7836070747)

Module V: Himachal Pradesh Judicial Services Examination Study Material