Home/Ethics in Public Administration/Laws, Rules, Regulations & Conscience/Page 4
Laws, Rules, Regulations & Conscience
Share
Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
UNIFORM CIVIL CORD
Uttarakhand became the first state to have a UCC in March 2024. With this, experts are now anticipating when India will get a UCC. But a question as to the implications of UCC on the personal laws of Hindu and Muslim arises. Article 44 contained in part IV of the Constitution says that the state “shRead more
Uttarakhand became the first state to have a UCC in March 2024. With this, experts are now anticipating when India will get a UCC. But a question as to the implications of UCC on the personal laws of Hindu and Muslim arises.
Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
Looking at the codified personal laws of various communities in India — all Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill, neither are Muslims and Christians under their personal laws. Originally designed to modernize and unify various aspects of Hindu personal laws such as marriage, succession, guardianship, adoption, and maintenance, the bill encountered strong resistance from traditionalist groups. As a result, it underwent multiple amendments and ultimately split into four separate acts — the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act — during the 1950s.
Likewise, uniformity in the application of Muslim personal law remains elusive, exemplified by the Shariat Act of 1937. Notably, this act does not extend to Jammu and Kashmir, where Muslims adhere to customary laws divergent from mainstream Muslim personal law in India. Furthermore, applicability varies among different Muslim sects. Additionally, many tribal communities across India, irrespective of religious affiliation, adhere to their own customary laws.
So, it is difficult to implement the UCC in a diverse country like India. The differences between the personal laws of Hindu and Muslim, difference between the customary laws of varied communities among each religion and the potential unrest it might cause, makes the drafting of UCC challenging. The legislature and the law commission will have to scrutinize the discrimination, stereotypes and the customary laws of different sects before starting with the draft of UCC.
See lessHow are procedural laws differ from substantive laws. explain with examples in detail.
Procedural law encompasses the rules and processes for enforcing legal rights and obligations through the court system. It includes the steps for filing a lawsuit, pre-trial procedures, trial conduct, and rules for appeals and post-trial activities. Some examples of Procedural law are CrPC ( now BNSRead more
Procedural law encompasses the rules and processes for enforcing legal rights and obligations through the court system. It includes the steps for filing a lawsuit, pre-trial procedures, trial conduct, and rules for appeals and post-trial activities. Some examples of Procedural law are CrPC ( now BNSS), CPC, IEA ( now BSA). The primary aim of procedural law is to ensure that legal proceedings are fair and just.
Substantive law, in contrast, defines the actual rights, duties, and obligations of individuals and entities. Substantive law specifies what actions are considered crimes, how to establish liability for breaches of contracts, and the consequences of violating property rights. Some examples of Substantive laws are IPC (now BNS), TPA, Contract Act, SRA, SOGA.
In essence, procedural law governs the methods and processes of legal enforcement, while substantive law delineates the specific rights and responsibilities under the law.
Procedural law cannot create rights or obligations that are not already established by substantive law, nor can it diminish the rights or obligations provided by substantive law. Therefore, procedural law is subservient to substantive law. Its primary role is to facilitate and advance the cause of justice, which is why it is often said that “procedure is the handmaid of justice, not its mistress.” However, when the strict application of a procedural rule would defeat the purpose of justice, courts may interpret the rule more liberally to align with its intent, ensuring that the ultimate goal of serving justice is achieved.
See lessEVALUTION OF DIVORCE LAW
Divorce Laws and Women's Autonomy in India Evolving divorce laws significantly influence women's autonomy and societal attitudes in India. Traditionally, women were at a disadvantage due to stringent divorce laws favoring men. However, reforms like the Hindu Marriage Act,Muslim Women (Protection ofRead more
Divorce Laws and Women’s Autonomy in India
Evolving divorce laws significantly influence women’s autonomy and societal attitudes in India. Traditionally, women were at a disadvantage due to stringent divorce laws favoring men. However, reforms like the Hindu Marriage Act,Muslim Women (Protection of Rights on Divorce) Act, and subsequent amendments have granted women greater rights,including maintenance, custody, and property rights.
These legal changes empower women to exit abusive marriages, seek financial independence, and challenge patriarchal norms. They contribute to a shift in societal perceptions of women as independent entities with rights equal to men.Nevertheless, challenges persist due to social stigma, economic dependency, and discriminatory practices. While laws have progressed, their effective implementation and societal acceptance remain crucial for realizing true gender equality.
Judicial Decision-Making
Balancing Personal Conscience and Impartiality Judges balance personal conscience with impartial law application through a comprehensive approach that ensures fairness and consistency. This involves adhering to legal principles and precedents, reinforcing impartiality via judicial oaths and ethics aRead more
Balancing Personal Conscience and Impartiality
Judges balance personal conscience with impartial law application through a comprehensive approach that ensures fairness and consistency. This involves adhering to legal principles and precedents, reinforcing impartiality via judicial oaths and ethics and ensuring transparency through detailed opinions and reasoned decisions. These practices help to minimize biases and uphold objectivity.
Judicial Interpretation of Minority Rights
The same principles of consistency and objectivity guide the judicial interpretation of Articles 29 and 30 of the Indian Constitution, which are essential for protecting minority educational rights. Article 29 allows citizens to preserve their language, script, or culture, safeguarding minority interests. Article 30 ensures minorities to establish and manage educational institutions. Landmark cases such as Ahmedabad St. Xaviers v/s State of Gujarat (1974) and T.M.A. Pai Foundation vs. State of Karnataka (2002), highlight the protection of minority institutions and proper classification within India’s diverse socio-cultural context. The Re-Kerala Education Bill vs. Unknown (1958) case exemplifies balancing government regulation with minority rights. In the above judgements there were varied scope of interpretation by judges but through judicial scrutiny and adherence to constitutional principles, Judges balance their personal conscience with the need to apply the law impartially through a multi-faceted approach.
Professional Development and Ethical Standards
Adherence to legal principles and precedents ensures consistency and minimizes biases. Judicial oaths and ethics reinforce impartiality, while detailed opinions and reasoned decisions ensure transparency. Continuous legal education and professional development promote objectivity. Review and appeal processes provide checks and balances. The separation of powers focuses judges on legal interpretation over moral judgments. Withdrawing from cases where their impartiality may be in question helps to ensure fairness. A strong judicial temperament, characterized by patience and open-mindedness balances personal beliefs with legal duties.
Conclusion
By upholding these principles, judges strive to administer justice impartially, ensuring fairness and consistency. India aims to create an educational environment that respects minority cultural heritage, promoting excellence and equity for all.
See lesswhat are the modes of settlement outside the courts in India? why the use of these methods are largely suggested by courts these days to the parties ?
In India, alternative dispute resolution (ADR) methods such as arbitration, mediation, conciliation, Lok Adalats, negotiation, and settlement through ombudsman offer effective means to settle disputes outside the traditional court system. These methods are increasingly recommended by courts to allevRead more
In India, alternative dispute resolution (ADR) methods such as arbitration, mediation, conciliation, Lok Adalats, negotiation, and settlement through ombudsman offer effective means to settle disputes outside the traditional court system. These methods are increasingly recommended by courts to alleviate the heavy backlog of cases, ensuring a more efficient judicial process. ADR mechanisms provide quicker resolutions compared to lengthy litigation, and are generally more cost-effective, making them accessible to a broader population. Additionally, ADR processes maintain confidentiality, protecting sensitive information, and often help preserve personal and business relationships through collaborative, non-adversarial approaches. The flexibility of ADR procedures, tailored to the specific needs of the parties involved, further enhances their appeal. Consequently, courts advocate for ADR to foster timely, amicable, and less costly dispute resolutions.
See lessWhat are the impact of Bhartiya Nyaya Sanhita , Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam specifically which could focus on victim centered approach ?
The BNS, BNSS and BSA combined are seeking to reform criminal justice system of India and cover a modern criminal Justice System of India for victimized person. ### Bharatiya Nyaya Sanhita (BNS) 1. **Enhanced Victim Rights**: BNS make provisions for the participation and protection of the victims inRead more
The BNS, BNSS and BSA combined are seeking to reform criminal justice system of India and cover a modern criminal Justice System of India for victimized person.
### Bharatiya Nyaya Sanhita (BNS)
1. **Enhanced Victim Rights**: BNS make provisions for the participation and protection of the victims in the justice systems especially in acts of enhancement of the rights given to the victims.
2. **Compensation and Support**: Employers should pay much attention to early compensation and psychosocial care especially for victims in the grievous offenses.
### Bharatiya Nagarik Suraksha Sanhita (BNSS)
1. **Witness Protection**: BNSS poses a lot of importance in the protection of the witnesses necessary in the protection of the victims willing to testify.
2. **Victim Assistance**: Setting up of programs that would help the victims through offering them a legal representation or counseling.
### Bharatiya Sakshya Adhiniyam (BSA)
1. **Simplified Evidence Procedures**: BSA is keen to lessen the various processes that are used in offering proofs, the more with a view of diminishing the agony that victims undergo while in trials.
2. **Victim Testimonies**: Safeguards of the Victim’s Testimonies so that the ordeal the Victims undertake while undergoing the judicial process is minimized.
### Impact
1. **Victim Empowerment**: These reforms taken as a whole all protect and assert the rights of the victims and guarantee that their input will be heard in their case.
2. **Speedy Justice**: Efficiency of procedures and improvement in the protection mechanisms are meant to advance trials and bring justice to the victims.
3. **Holistic Support**: Financial, legal, and psychological assistance to the victims also increase humane treatment of the offenders.
In general, numeration of laws with an emphasis on the protection of victims indicates the governments’ willingness to build a more sensitive and effective justice system
See lessHow can we better support survivors of sexual violence in accessing justice and recovery services?
Unlike earlier times when survivors of sexual harassment were forced to get married with the accused as a means of rendering justice to their being. Today, with evolution of time we have better mechanisms and procedures to maintain dignity of sexually harrassed persons whether it be women, or childRead more
Unlike earlier times when survivors of sexual harassment were forced to get married with the accused as a means of rendering justice to their being. Today, with evolution of time we have better mechanisms and procedures to maintain dignity of sexually harrassed persons whether it be women, or child of any gender who gets sexually harassed.
Judiciary has made revolutionary amendments in regard of protecting the rights as well as for their rehabilitation in the society.
According to Protection of women from Domestic Violence Act, 2005 where a woman is sexually abused as one of the form of domestic violence, section 5 provides that it shall be the duty of Magistrate. protection officer, service provider, police officer to inform the aggrieved about the ways of obtaining relief and justice such as a. right to free legal aid under legal servies authorities act, 1987 b. right to file complaint under section 498A IPC, 1860 c. to avail services of protection officers and service providers and other relief such as monetary relief, protection orders, shelter homes, medical facilities, custody orders, compensation orders, etc.
There are other enactments that assist in securing justice to women such as Sexual harrassment at Workplace (preventiton, prohibition, protection), Act, 2013 and for protection of children who are sexually harrassed is the protection of Children from sexual offences Act, 2012 which penalises persons accused of committing offence under these enactments.
Above mentioned Acts provides for the protection,rehabilitation as well as ensuring that justice is not just done but has also seen to be done to survivors of sexual harrassment.
See lessWhat are the major changes in new criminal laws of India? What are the major controversies out there?
India introduced major changes to its criminal justice system in July 2023 with three new laws: The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code. The Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure. The Bharatiya Sakshya Adhiniyam (BSA) replaces theRead more
India introduced major changes to its criminal justice system in July 2023 with three new laws:
Major Changes:
Controversies:
These new laws aim for a swifter and more victim-centric justice system, but their effectiveness and potential for misuse remain debated.
Civil Disobedience and Legal Consequences
Civil disobedience is frequently regarded as a valid method of protesting unjust laws, rooted in the ethical duty to address and correct systemic wrongs. Historically, the movements started for social change led by Mahatma Gandhi and Martin Luther King Jr., civil disobedience has served as a powerfuRead more
Civil disobedience is frequently regarded as a valid method of protesting unjust laws, rooted in the ethical duty to address and correct systemic wrongs. Historically, the movements started for social change led by Mahatma Gandhi and Martin Luther King Jr., civil disobedience has served as a powerful catalyst. These leaders employed nonviolent resistance to expose the moral shortcomings of unjust laws and mobilize public sentiment and political action. The validity of civil disobedience lies in its commitment to nonviolence and its aim to achieve greater justice. When laws uphold inequality or violate fundamental human rights, civil disobedience becomes a crucial means for citizens to voice opposition and demand change. It is based on the belief that legal systems should uphold ethical principles and that people have a duty to resist laws that conflict with moral and democratic values. However, the justification for civil disobedience also depends on its context and manner of execution. It must be thoughtfully conducted to prevent violence and unnecessary harm, focusing on specific injustices and seeking positive outcomes. In democratic societies with existing legal avenues for change, civil disobedience should supplement rather than replace these methods, underscoring the need for legal and policy reforms while respecting the rule of law.
See lessHow can we better support survivors of sexual violence in accessing justice and recovery services?
Here are some key strategies that can help in supporting survivors of sexual violence: Legal Support 1. Legal Assistance: Provide free or low-cost legal assistance to help survivors navigate the legal system. 2. Timely and Fair Investigation: Ensure timely, thorough, and impartial investigations anRead more
Legal Support
1. Legal Assistance: Provide free or low-cost legal assistance to help survivors navigate the legal system.
Medical and Psychological Support
Education and Awareness
Survivor Empowerment