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On special courts, india

  1. 1. Training programme on legal matters Professor & Lawyer. Puttu Guru Prasad M.B.A., M.Com., L.L.B., M.Phil., (PhD)., VVIT- Nambur- Guntur – A.P.
  2. 2. A.P. Lokayukta and Upa-Lokayukta The Lokayukta ("appointed by the people") is an anti-corruption ombudsman organization in the Indian states. The Administrative Reforms Commission (ARC) headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances" in 1966. The constitution of the Institutions of Lokayukta and Upa-Lokayukta, taking a clue from the Institution like OMBUDSMAN in the Scandinavian countries. SALIENT FEATURES OF THE INSTITUTION: The most prominent features of the Institution of Lokayukta in this State are: i) Independence from Executive Control; ii) Informal procedure and easy accessibility to complaints; and iii) Almost free and prompt services to the citizens.
  3. 3. A.P. Lokayukta and Upa-Lokayukta FUNCTIONS & DUTIES: The matters and actions of Public servants, which can form the subject matter of the complaint to the Institution of Lokayukta and Upa- Lokayukta, are: 1) Any administrative action involving abuse of power for personal gain or to harm any one; 2) Administrative actions motivated by improper or corrupt motives causing loss to the State or to any person; and 3) All actions involving outright corruption or lack of integrity. Institution of Lokayukta of Andhra Pradesh  Email: ap.Lokayukta@gmail.com Website: http://lokayukta.ap.nic.in
  4. 4. A.P. Lokayukta and Upa-Lokayukta There are three modes for the Lokayukta and the Upa- Lokayukta to act for taking up investigation of Administrative actions of the nature as stated above. Firstly, any citizen or aggrieved person can make a complaint.  Secondly, the Lokayukta and Upa-Lokayukta suo-moto can take up investigation on the basis of information received by him otherwise than by way of complaints like newspapers, reports, etc. Thirdly, the Lokayukta or Upa-Lokayukta can act on a reference from the Governor. For the purpose of conducting an investigation in accordance with the provisions of the Act. The Governor appoints a Judge or a retired Chief Justice of High Court to act as Lokayukta and one or more District Judges to act as Upa-Lokayuktas.
  5. 5. A.P. Lokayukta and Upa-Lokayukta The A.P. Lokayukta and Upa Lokayukta act , 1982 came into effect from 23.09.83. It has been set up for the investigation of administrative action taken by certain local and public authorities in the state of Andhra Pradesh. The act is mainly intended to curb political corruption among certain, “ Public Servants” The institution of Lokayukta and Upa Lokayukta is a fact finding body. The main function is to investigate the Administrative Action in respect of which an allegation is made against any “Public Servant” has to be investigated into by Lokayukta or Upa Lokayukta as the case may be, after following the procedure relating to the specific complaints received as provided under section 9 and the procedure in respect of investigation as laid down under section 10 of the Act.
  6. 6. A.P. Lokayukta and Upa-Lokayukta The Lokayukta or Upa Lokayukta shall not investigate any allegation: 1.In respect of which a formal and public inquiry has been ordered under the public services inquiries act, 1850. 2.In respect of a matter which has been referred for enquiry , under the commissioner of inquiry act, 1952 in case where the Lokayukta or Upa Lokayukta as the case may be has given his prior concurrence for such inquiry.
  7. 7. A.P. Lokayukta and Upa lokayukta Under section 15 of the act, the Lokayukta or Upa Lokayukta cannot investigate into allegations against: 1.The chief Justice or any judge of the High Court or a member of the Judicial service. 2. Any officer or servant of any court in the state. 3. Advocate General , A.P 4. The chairman or a member of the APPSC 5.The chief Election Commissioner , the election commissioner and the Regional commissioner referred to in the art.324. C O I and the Chief Electoral Officer of A.P. 6.The Speaker and Dy. Speaker of the Legislative Assembly
  8. 8. A.P. Lokayukta and Upa-Lokayukta Rule : 5 Preliminary verification of the complaint commences Rule :6 1. Commencement of investigation into the complaint. A copy of the complaint is sent to the public servant concerned against whom allegation is made and the public servant is afforded an opportunity to submit a detailed report in the matter. 2. If the grievance of the complainant stands redressed, the complaint will be closed. Based on the report of the public servant concerned if the Lokayukta, or Upa Lokayukta is convinced that the complainant has no case, the complaint will be dismissed
  9. 9. The legal services authorities act,1987 Legal services authority act 1987 was amended by the legal services authorities act 1994 has come into force in the state of A.P with effect from 29-11-95. Purpose of enacting the bill: An act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied. The following are the legal services authorities as per the legal services act 1987. 1. National legal services committee. 2. Supreme court legal services committee. 3. State legal services authority 4. High court legal services committee 5. District legal services authority 6. Taluq / mandal legal services committee
  10. 10. The legal services authorities act,1987 The district legal services authority constituted by the government consists of the following . It shall not have more than 8 members. 1. Chairman- district judge/metropolitan/sessions/chief judge 2. Secretary- subordinate judge, functioning at the head quarters, to be appointed by the state authority in consultation with the chairman of the district, 3. Ex-officio members- 1. district magistrate, 2. super indent of police, 3. chief judicial magistrate, 4. district Government pleader. 4. Nominated members-1. president, bar association, district court. 2. district public prosecutor, 3. lady advocate, 4. eminent social worker, who is engaged in upliftment of weaker sections or eminent person in the field of law ( to be nominated by the state Govt, in consultation with Hon’ble chief justice)
  11. 11. The legal services authorities act,1987  Criteria for giving legal services; Sec.12, every person who has to file or defend the case shall be entitled to legal services under this act, if that person is— a.A member of a scheduled caste or scheduled tribe b.A victim of trafficking in human beings or begar (labor) as referred to in article 23 of the constitution
  12. 12. The legal services authorities act,1987 a. A women or child b.A mentally ill of otherwise disabled person. c. A person under circumstances of underserved want such as being a victim of mass disaster , ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster or d.An industrial workman or e. In custody including custody in a protective home immoral traffic prevention act 1956, or juvenile delinquent or psychiatric nursing home, f. In receipt of annual income less than Rs. 8000/- or such other higher amount as may be prescribed by the state Govt. If the case is before a court other than the supreme court and less than Rs. 12,000/- or such other higher amount as may be prescribed by the central Govt.
  13. 13. The legal services authorities act,1987 Procedure for filing the application: The application for the legal aid to the poor has to be submitted to the District collector which will be forwarded to the District Judge and Chairman , District legal aid and advice committee to the poor. The poor people who have no properties ad economically backward are eligible to get legal aid. The aid will be sanctioned by the District judge in the committee constituted for the purpose.
  14. 14. Lok adalats Sec: 19, 1. Every state authority or dist. Authority or the supreme court legal services committee or as the case may be Taluq legal services committee may organize Lok Adalats as such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. 2.Every Lok Adalats organized for an area shall consists of such members of:  a. serving or retired judicial officers and  b. other persons of the area as specified by the dist. authority
  15. 15. Lok adalats Sec: 19.5, The Lok Adalats shall have jurisdictions to determine and to arrive at a compromise or settlement between parties to a dispute in respect of settlement between the parties to a dispute in respect of’  1. any case pending before, or 2. any matter which is falling within the jurisdiction of and is not brought before any court for witch the LOK ADALATs is organized Provided that the LOK ADALATs shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under law.
  16. 16. Lok adalats Cognizance of cases by LOK ADALATs:  Sec20: 1. Cases wherein the parties therefore agree, or 2. One of the parties thereof makes an application to the court for referring the case to the LOK Adalats for settlement and if the court is prima-facie satisfied that there are chances of such settlement or. 3. Court is satisfied that the matter is an appropriate one to be taken cognizance of by the LOK ADALATs , the court refer the case to the LOK ADALATs. 4. Every LOK ADALAT while determining any reference before it under this act with utmost care to arrive at a compromise or settlement between the parties and shall be guided by principles of JUSTICE, EQUITY, FAIR PLAY and other legal principles. 5. Where no award is made by the LOK ADALATs on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court from which the reference has been received under sec 21 for disposal in accordance with law.
  17. 17. Lok adalats Award of LOK ADALAT: 1. Every award of the LOK ADALAT shall be deemed to be decree of a civil court . 2. Every award made by LOK ADALAT shall be final and binding all the parties to the disputes and no appeal shall lie to any court against the award
  18. 18. Lok adalats  Powers of LOK ADALATs: a. The summoning and enforcing the attendance of any witness and examining him on oath b.The discovery and production of any document c. The reception of evidence on affidavits d.The requisitioning on any public record of document or copy of such record or document from any court or office and e. Such other matters as may be prescribe. f. All the proceedings before LOK ADALATs shall be deemed judicial civil court. g. It can specify its own procedure for the determination of any dispute coming before it.
  19. 19. Administrative tribunals Tribunal as per dictionary means a judgment seat, court of arbitration, or a body appointed to inquire into some disputed question. They are normally set up under statutory power which also governs their constitution, functions and procedures. Administrative Tribunals mainly deal with the matters of public administration. While performing the various functions of the government, the executive sometimes exercises powers arbitrarily which cause grievance to the citizens and employees.
  20. 20. Administrative tribunals Administrative tribunals are independent and they are not subject to any administrative interference in discharge of their judicial or quasi-judicial functions. The prerogative writs of certiorari and prohibition are available against the decisions of administrative tribunals. They exercise the powers of a civil court relating to examination, discovery, inspection and production of documents, compelling attendance of witnesses and issuing commissions.
  21. 21. Administrative tribunals Preparation of Counter : The language to be used while drafting a counter should be lucid and concise. The jurisdiction on the APAT is confined to matters like recruitment, promotions, seniority and other service matters. Firstly, one must see whether the applicant has exhausted all the other remedies available to him departmentally for redressal of his grievance before knocking the doors of the APTA for justice
  22. 22. Administrative tribunals Secondly whether the O A is barred by limitation of time is to be examined as the tribunal cannot admit an application after one year from the date the final orders have been made in connection with the grievance of the applicant. It is better to begin the counter with a brief history of the case. This should be followed by para-wise remarks on the averments made by the applicant in the O A either by rebuttal or by giving the factual position. In the counter, correct rule position should be highlighted. It should also be seen whether the relief sought for by the applicant is in order or not.
  23. 23. Administrative tribunals Filling the counter in respect of the writ petition filed in the high court; There should be sufficient grounds to file a writ petition. The brief history of the case should ne prepared Clearly mentioned for setting aside the orders of the Tribunal Understand the two types of notices and act accordingly with the consultation of Government pleader.
  24. 24. Human Rights in India The situation of human rights in India is a complex one, as a result of the country's large size and tremendous diversity, its status as a developing country, and its history as a former colonial territory.  It is often held, particularly by Indian human rights groups and activists, that members of the Dalit or Untouchable caste have suffered and continue to suffer substantial discrimination. Although human rights problems do exist in India, the country is generally not regarded as a human rights concern, unlike other countries in South Asia.
  25. 25. Monitoring Human Rights Violations  I. Ranking in Human Rights  Violators Index:  II. Political freedom  III. Human rights violations by the security forces  a. Custodial violence  b. Extra- judicial killings  c. Arbitrary arrest, illegal detention and torture  IV. Judiciary and administration of justice  a. Legal reforms b. Judges' Accountability  c. Judicial delay
  26. 26. Monitoring Human Rights Violations  V. Effectiveness of National  Human Rights Institutions  VI. Repression on human rights defenders  VII. Freedom of the press  a. Attacks by the state agencies and political activists  b. Attacks by the Armed Opposition Groups
  27. 27. Monitoring Human Rights Violations VIII. Violations of the rights of indigenous peoples a. Atrocities against tribals  b. Land alienation and displacement c. Repression under the forest Laws d. Encroachment by non-tribals IX. Violations of the rights of the Dalits a. Denial of access to public Places b. Physical attacks against the Dalits c. Violence against Dalit women d. Denial of land rights
  28. 28. Monitoring Human Rights Violations X. Violence against womenX. Violence against women a. Violence by the security forcesa. Violence by the security forces b. Violence by the Armed Opposition Groupsb. Violence by the Armed Opposition Groups c. Cruel cultural practicesc. Cruel cultural practices XI. Violations of the rights of the childXI. Violations of the rights of the child a. Child laboura. Child labour b. Child traffickingb. Child trafficking c. Children in armed conflictc. Children in armed conflict d. Orphaned childrend. Orphaned children  e. Girl child: Target of sexual abusee. Girl child: Target of sexual abuse f. Juvenile Justicef. Juvenile Justice g. Torture of childreng. Torture of children
  29. 29. Monitoring Human Rights Violations XII. Status of internally displaced persons XIII. Violations of the prisoners' rights XIV. Violations of the rights of minorities a. Attacks on the Christian minorities b. Attacks on the minorities by the Armed Opposition Groups in J&K XV. Status of the refugees a. Refugees under the government of India b. Refugees under the UNHCR
  30. 30. Monitoring Human Rights Violations XVI. Violations of International Humanitarian Laws by the Armed Opposition Groups a. Torture b. Killings c. Abductions d. Extortion XVII. Application of the National Security Laws a. Cases under the Prevention of Terrorism Act of 2002 b. Cases under the Terrorist and Disruptive Activities (Prevention) Act c. Cases under the Public Safety Act
  31. 31. Chronology of human rights in India 1829 - The practice of sati was formally abolished in British India after years of campaigning by Ram Mohan Roy against this Hindu funeral custom of self-immolation of widows after the death of their husbands. 1929 - Child Marriage Restraint Act, prohibiting marriage of minors is passed. 1947 - India achieves political independence. 1950 - Constitution of India establishes a democratic republic with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the Supreme Court and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation.
  32. 32. Chronology of human rights in India 1955 - Reform of family law concerning Hindus gives more rights to Hindu women. 1973 - Supreme Court of India rules in Kesavananda Bharati that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment. 1975-77 - State of Emergency in India - extensive rights violations take place. 1978 - SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the Constitution cannot be suspended even in an emergency.
  33. 33. Chronology of human rights in India 1985-6 - The Shah Bano case, where the Supreme Court recognized the Muslim woman's right to maintenance upon divorce, sparks protests from Muslim clergy. 1989 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed. 1989-present - Kashmiri insurgency sees increasing violence between militants and security forces, resulting in heavy loss of lives. 1992 - A constitutional amendment establishes Local Self- Government (Panchayati Raj) as a third tier of governance at the village level, with one-third of the seats reserved for women. Reservations were provided for scheduled castes and tribes as well.
  34. 34. Chronology of human rights in India 1992 – Demolision of Babri Masjid, resulting in riots across the country. 1993 - National Human Rights Commission is established under the Protection of Human Rights Act. 2001 - Supreme Court passes extensive orders to implement the right to food.[2] 2002 - Violence in Gujarat, chiefly targeting its Muslim minority, claims many lives. 2005 - A powerful Right to Information Act is passed to give citizen's access to information held by public authorities. 2005 - National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment. 2006 - Supreme Court orders police reforms in response to the poor human rights record of Indian police
  35. 35. A Mapping of Human Rights Issues 1. Custodial Violence1. Custodial Violence 2. Project displacement2. Project displacement 3. The internally displaced due to3. The internally displaced due to con ictscon icts 4. Refugees4. Refugees 5. Land Alienation5. Land Alienation 6. Right Over Resources6. Right Over Resources 7. Urban Shelter and Demolition7. Urban Shelter and Demolition 8. Livelihood8. Livelihood 9. Sexual Harassment at the9. Sexual Harassment at the WorkplaceWorkplace 10. Rape10. Rape 11. Death Penalty11. Death Penalty 12. Fake Encounters (Extra-12. Fake Encounters (Extra- judicial killings)judicial killings) 13. Involuntary disappearances13. Involuntary disappearances 14. Extraordinary Laws14. Extraordinary Laws 15. Preventive Detention15. Preventive Detention 16. Detention16. Detention 17. Missing Women17. Missing Women 18. Homicide in the Matrimonial18. Homicide in the Matrimonial HomeHome 19. Domestic Violence19. Domestic Violence 20. Sati20. Sati 21. Child Marriage21. Child Marriage 22. Child Labor22. Child Labor 23. The ‘neglected’ child23. The ‘neglected’ child 24. Child Abuse24. Child Abuse 25. The `unwanted’ girl child25. The `unwanted’ girl child 26. Prostitution26. Prostitution 27. Prisons27. Prisons 28. Wages to Prisoners28. Wages to Prisoners 29. Sexuality29. Sexuality 30. Freedom of Expression30. Freedom of Expression 31. Dalits31. Dalits 32. Medical Research32. Medical Research 33. Population Policies33. Population Policies 34. Organ Transplant34. Organ Transplant 35. Trafficking35. Trafficking 36. Bonded Labor36. Bonded Labor 37. Anti-liquor Movements37. Anti-liquor Movements 38. HIV and AIDS38. HIV and AIDS 39. De notified Tribes39. De notified Tribes 40. Tourism40. Tourism 41. Right to Information41. Right to Information 42. Bhopal42. Bhopal 43. Environment and Pollution43. Environment and Pollution 44. Political violence by non-44. Political violence by non- state actorsstate actors 45. Clamping down on protest45. Clamping down on protest 46. Disability46. Disability 47. Corruption and47. Corruption and Criminalization of PoliticsCriminalization of Politics 48. ‘Natural’ Disasters48. ‘Natural’ Disasters
  36. 36. National Human Rights Commission The National Human Rights Commission is an expression of India's concern for the protection and promotion of human rights. It came into being in October,1993.
  37. 37. Thank you Professor & Lawyer. Puttu Guru Prasad M.B.A., M.Com., L.L.B., M.Phil., (PhD)., VVIT- Nambur- Guntur – A.P. pgpjntuk@gmail.com, cell - 9394969898