Corruption in India: National Laws&International Response

Corruption in India: National Laws&International Response

The corruption was bye-product of colonial British Rule,it is reported that during British Rule ,the administration was corrupt and the menace of corruption continued due to License- permit Raj policies of the central government and  more over,it is rampant in all sectors both private and public sector due to  poor regulatory laws and enforcement mechanism.The recent scandals like 2G Spectrum Telecommunication scam,Commonwealth Games Scandal, Adarsh Housing Society Scam, Corporate Loan Bribery scandals rocked the nation and stunned all right thinking individuals.The corruption is effecting every walk of life .The corruption and red tap ism is an obstacle to the development of economy , removal of poverty and unemployment.The prestigious Lok Pal Bill is pending since 43 years speaks volumes of political will to fight the menace of corruption.

The Apex court could not remain mute spectator to rampant corruption in the country ,the  Supreme Court Bench of Justice G.S. Singhvi and Justice A.K. Ganguly, hearing a writ petition filed by the Centre for Public Interest Litigation seeking action on the basis of the draft report submitted by the CAG, pulled up the central government for the slow progress of investigations into the 2G spectrum scam.

The Supreme Court on Nov 18 2010, asked the prime minister to file an affidavit when hearing a petition filed by Janata Party president Subramaniam Swamy that he had written to Manmohan Singh in November 2008 seeking permission to prosecute former communications minister A. Raja.

Justice Krishna Iyer sent a congratulatory letter to Justice Ganguly, one of the two judges hearing the public interest litigation[PIL] in the 2G spectrum allotment issue.He said ‘Court is one institution that still survives to battle corruption which must be eliminated if justice is to be a reality in India. It is the omniscient money power that governs state power today,’ ‘Corruption, like god, is omnipotent in India and operationally on top,’ the former judge observed. ‘Indian corruption is above god, above cricket, above Commonwealth Games. It is in every institution and office,’ .‘Every Indian, including those in the central and state governments, is marketable and sells his dignity to dollar and MNCs,’ ‘By silence and inaction, several others compromise on dignity. Inaction is not innocence. But action is an obligation,’

The bench of Justice Markandeya Katju and Justice TS Thakur  in Supreme Court  said "It is very unfortunate that there is no control over corruption in the country. There is rampant corruption particularly in the department of income tax, sales tax and excise department. Nothing moves without money," ."Mr Venugopal we did not expect at least a counsel of your stature to appear for such people. Mahatma Gandhi was also an advocate, but he never appeared for such people," Justice Katju observed.The senior counsel initially shot back, saying, "My lord in that case I would be losing most of my clients!" a remark that sent the entire court hall into a burst of laughter.

On appointment of P.J Thomas as a head of Central Vigilance Commission , Chief Justice S. H. Kapadia said “how well he could function” at the agency, when Thomas faces charges from an alleged palm-oil scam in the 1990s for which he was not prosecuted.“In every matter he deals with, he will face embarrassment and under these circumstances we want to know if he will be able to function as CVC"

It is matter of irony that India is one of the  among 14 of 140 signatory countries that have failed to ratify a UN convention against corruption and  principle opposition parties sought a reply from the prime minister of India on the issue."The central government of India plans to ensure all politicians and bureaucrats are covered under the ordinance, fast-track all corruption cases, ensure that any agency or individual could make a complaint. They will also ensure corruption could be defined as expediting a policy to benefit a company or individuals and that taking bribe money to circumvent an existing law or policy is also penalized."

It is fashionable to be called corrupt and lead luxurious life style with black money earned through illegal means and people have accepted fact that corruption is part of life and they cant fight it out  because of system flaws and lack of political will to fight.

What corruption means?

Corruption is unethical, immoral, and illegal in many societies, religions, and countries"" ”.

According to  Wikipedia the word 'corrupt' (Middle English, from Latin corruptus, past participle of corrumpere, to destroy : com-, intensive pref. and rumpere, to break) when used as an adjective literally means "utterly broken".

 In modern English usage the words corruption and corrupt have many meanings:

Political corruption- the abuse of public power, office, or resources by government officials or employees for personal gain, e.g. by extortion, soliciting or offering bribes

Police corruption- a specific form of police misconduct designed to obtain financial benefits, other personal gain, and/or career advancement for a police officer or officers in exchange for not pursuing, or selectively pursuing, an investigation or arrest

Corporate corruption- corporate criminality and the abuse of power by corporation officials, either internally or externally, including the fact that police obstruct justice.

Data corruption- an unintended change to data in storage or in transit Linguistic corruption- the change in meaning to a language or a text introduced by cumulative errors in transcription as changes in the language speakers' comprehension

'Corruption' according to Dictionary.Com means [:Origin: 1300–50;  ME corrupcio]

1.the act of corrupting or state of being corrupt.

2.moral perversion; depravity.

3.perversion of integrity.

4.corrupt or dishonest proceedings.

5.bribery.

6.debasement or alteration, as of language or a text.

7.a debased form of a word.

8.putrefactive decay; rottenness.

9.any corrupting influence or agency.

Kautilya 's 'Arthashastra'  [350–283 BC]" is brilliant and comprehensive treatise on all aspects of international relations, intelligence and good governance" and expressly discusses corruption and its control.

Facts &Figures of Corruption in India

Recent scams &their amount during year 2010

1.Fake housing loan[2010]- not known [thousands of crores]

2.Adarsh Housing Society2010] Mumbai scam-not known

3.Rice Scam[2010] -2,00,000 crore

4.2G spectrum[2010] :1.76-lakh crore

5.IPL scam[2010]-unknown

6.Commom Wealth games[2010] -4000 crore spent

7.Citi Bank scandal[2010]-300 crores

Other major scams :

1.Telgi Scam-2000 crore

2.Satyam Scandal -1400 crore

3.Fodder scam-900 crore

4.Hawala-18 milliom crore

• "According to Transparency International's Corruption Perception Index (CPI), India is one of the least corrupt governments in South Asia. It has a CPI score of 3.3 (rank 87th), compared to Pakistan (2.3, rank 143th), Bangladesh (2.4, rank 134th), Nepal (2.2, rank 146th), and Sri Lanka (3.2, rank 92nd) in 2010.

• In July 2008 The Washington Post reported that nearly a fourth of the 540 Indian Parliament members faced criminal charges,"including human trafficking, immigration rackets, embezzlement, rape and even murder".

• Management Guru C.K.Prahalad , the cost of corruption to the country might as well exceed Rs. 250,000 crores

• It is reported that about 8000 crores spent by Indian political parties/politicians during last general election held during year 2009.

• The underground economy  is at  shocking 40-50% of GDP,according to International NGO Indians holds about 2 lakh crores money under unanimous  accounts in Swiss banks speaks volumes of corruption in India.Deregulation & trade liberalization actually contributed to & accelerated transfer of illicit money abroad

• India ranks an awful 165th out of 183 countries in the World Bank’s measure of the difficulty of starting a business.

• Some 68% of India’s aggregate illicit capital loss occurred after India’s economic reforms in 1991

• Total capital flight out of India represents about 16.6% of India’s GDP as of year-end 2008

The National instruments regulating the Corruption in India

• Prevention of Corruption Act,1988[as amended in 2008]-1988 PCA attaches criminal liability under the Indian Penal Code to both public and private sector corruption.

• Indian Penal Code ,1872 -provision penalizing a public servant who takes gratification  under Section 161 ,Criminal Law Amendment Ordinance of 1944&Criminal Law Amendment 1988.[added words "an authority or a body owned or controlled or aided by the Government"]

• Benami Transaction (Prohibition) Act was passed in 1988 but the relevant rules had not been framed and no one had been arrested under it.

• The Prevention of Money Laundering Act, 2002 (PMLA)[last amended 2009]

• Central Vigilance Commission Act-[CVC] 2003 is designed to inquire into allegations of corruption by administrative officials only.

• Central Burea of Investigation[CBI][Delhi Special Police Establishment Act, 1946]premier investigating agency of the country, functions under the supervision of the Ministry of Personnel, Public grievances and Pensions (under the Prime Minister

• Comptroller and Auditor General of India[CAG].established by the Constitution of India ,an officail auditor.

• Right to Information Act,2005[RTI]-The RTI states that "the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act of 1923.

• Public Disclosure (Protection of Whistleblowers) Bill.pending Since 2002

• Commissions of Inquiry Act 1952

• Lok Pal 2010[awaiting select committee nod]  [an ombudsman] -this institution cover all government ministers, officers at centre including Prime Minister (Under Debate).

• Lok Ayuktha -This institution covers state government and its officers.

Other agencies who play key role in controlling corruption ;

• Reserve Bank of India

• Income Tax department

• Enforcement Directorate

• SEBI

• Custom department

International Law and Corruption:

Even though the issue of corruption is subject of national laws ,some significant developments of anti -corruption laws in International spheres.

• UN Convention against Corruption (UNCAC) 2003 India has signed on 9 Dec 2005,     but not ratified  the treaty.

• The G-20 summit finalised an anti-corruption action plan at the Seoul Summit, which was signed by India.

• United Nations Convention against Transnational Organized Crime (UNTOC)

• OECD Anti-Bribery Convention

• ADB-OECD Action Plan for Asia-Pacific

• The Inter-American Convention against Corruption (OAS Convention)

• African Nations Convention against Transnational Organized Crime (UNTOC)

• Council of Europe Criminal Law Convention.

• Council of Europe Civil Law Convention.

• Resolution (99) 5 of the Committee of Ministers of the Council of Europe: Agreement Establishing the Group of States against Corruption.

• Resolution (97) 24 of the Committee of Ministers of the Council of Europe: Twenty Guiding Principles for the Fight against Corruption.

• European Union Convention on the Protection of the Communities' Financial Interests and the Fight against Corruption and two protocols.

U.N Secretary-General, Ban Ki-moon said at the occasion of International Anti-Corruption Day on 9 December 2009 that it the world's vulnerable who suffer "first and worst" by corruption such as the theft of public money or foreign aid for private gain. The result, he says, is fewer resources to fund the building of infrastructure such as schools, hospitals and roads. Mr. Ban notes, however, that corruption "is not some vast impersonal force" but "the result of personal decisions, most often motivated by greed." Pointing out that "the UN Convention against Corruption is the world's strongest legal instrument to build integrity and fight corruption", he also called on businesses to adopt anti-corruption measures in line with the Convention.

World Bank [WB} Initiatives :

It is apt give importance to  World Bank ,which recommended that legislation ought to  have the following components:

1.  Freedom-of-information law (FOIA)
2. Whistle-blower protection law
3.  Conflict-of-interest laws
4. Procurement laws
5. Anti-money-laundering regulations

USA response to Corruption :

In USA,Congress passed the International Anticorruption and Good Governance Act of 2000 (IAGGA) (Public Law 106-309) on October 5, 2000

US (Foreign and Corrupt Practices Act (FCPA)law enforcers are showing more aggressiveness  in pursuing foreign companies that pay bribes, it would seem the right time for European executives to bulletproof their firms against ethics breaches.The most MNC are very scared of US anti-bribery law.

Corruption in Indian Judiciary :

Due to criticism that there is rampant corruption in Judiciary ,the central government  prepared "The Judges Inquiry (Amendment) Bill 2008" was introduced in Parliament for setting up of a panel called the National Judicial Council, headed by the Chief Justice of India, that will probe into allegations of corruption and misconduct by High Court and Supreme Court judges.There is demand to establish National Judicial Commission to oversee the appointment of judges to High Court and Supreme Court through fair and impartial manner.

According to the Global Corruption Report 2007, the upper judiciary is considered relatively clean, with open court proceedings and free access to prosecution documents, authenticated orders, etc. In the lower justice institutions, corruption is reportedly rampant and systemic.However contrary to view ,

• Senior Advocate &former minister ,Shri Shanti Bhushan in the year 2010 submitted list of corrupt judges to Supreme Court stunned the nation.

• Chief Justice of Karnataka[now resigned] Justice.Dinakaran faces corruption charges and assets disproportionate to known sources of income

• Former Chief Justice of Supreme Court &now NHRC chief Retd.Justice.K.G Balakrishnan and his son-in-law faces charges of holding assets disproportionate to known sources of income.He was criticized for his comments on his post not being that of a public servant, but that of a constitutional authority and later he changed his stand. 

• Senior advocate Fali Nariman has written to former justice V R Krishna Iyer supporting his call for a judicial probe into allegations of unaccounted wealth accumulated by ex-CJI (Chief Justice of India) Balakrishnan’s relatives as another such case is being brought to fore.

• Justice Sen of Calcuttat High court faces corruption charges and likely to face impeachment motion in parliament. 

Supreme Court Bench, Justice B N Agrawal, Justice V S Sirpurkar and Justice G S Singhvi :"We are not giving the certificate that no judge is corrupt. Black sheep are everywhere. It's only a question of degree."

Supreme Court Judge, Justice Agarwal:"What about the character of politicians, lawyers and the society? We come from the same corrupt society and do not descend from heaven. But it seems you have descended from heaven and are, therefore, accusing us."

Supreme Court Bench, Justice Arijit Pasayat, Justice V S Sirpurkar and Justice G S Singhvi :"The time has come because people have started categorizing some judges as very honest despite it being the foremost qualification of any judge. It is the system. We have to find the mechanism to stem the rot

In an study by TI&CMS  ,"The sheer number of cases  ( more 26 million at last count) says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials"

Conclusion:

One of the challenging situation  for any government is how to control growing menace of corruption spread over every walk of life making life of the ordinary citizens miserable and trouble some.We need to strengthened the law for protection of whistle blower so that citizens freely and openly complain against corruption and wrong doing in government and private sector.The honest officers should be encouraged and should be appointment for top post  as reward for their honesty and integrity.

The school curriculum  should teach good morals for students  and anti-corruption feeling should be in -calculated right from elementary stage.Former President Dr A P J Abdul Kalam once said students should revolt against their parents and ensure that they  don't  take bribe from people, while performing their official duties.

There is a need for separate fast track courts for Anti-graft cases in all parts of the country to expedite the case ,which are pending in courts.The justice delayed is justice denied.

It is worth mentioning  the three components of reform, as suggested by Thomas Carothers, “The Rule of Law Revival,” Foreign Affairs,1998-Revise laws ,strengthen rule-of-law institutions (especially with regard to accountability)Increase public trust and confidence by encouraging government compliance with laws and citizen-driven human rights and anti corruption campaigns.

Sources of Information /Resources :

1. Transparency International
2. World Bank website
3. UN Website& other national website resources

HACKING AND CYBER CRIMES: Some basic facts about Hacking,Cyber Crimes&its Legal Regulation

HACKING &CYBER CRIMES: Some basic facts about, Hacking,cyber &its Legal Regulation 

What is hacking?

'Hacking'  means to steal precious information about a person or institution and sometimes use these information against us.

What hackers do?

    * Steal and delete files

    * Load dangerous programs onto your PC.

    * Involve you in cyber crimes.

How does hacker operate?

1. Hackers look for easy targets and find out information about them and their systems.

2. Breaking into your system.

3. Getting authority to control everything on your system.

4. Hiding the evidence of their break-in.

5. They load programs and passwords on your PC to give them easy access in the future.

What action to be taken, if our IP is hacked?

  *Conduct internal enquiry whether some known person has helped by supplying information like I.P address for committing cyber crime for undue gain.

  *Wait for cyber police to visit your computer lab for gathering evidence

Whom to report the hacking? Where to report? 

 *Investigating Authority :These issues are handled by C.B.I, Cyber Crime Cell and Cyber Crime Research &Development Unit and state police headed by a Dy S.P rank officer*.who will coordinate &liaise. Report the matter to nearest Cyber Crime Cell for necessary action under the provisions of Information Technology Act, 2000(Section 65-66) and under the provisions of Indian Penal Code, 1872. (Section 420).

 *Information Technology Amendment Act, 2008 is passed  and received the Hon’ble president assent and relevant rules were framed in 2009, in this amended provision Inspector of Police(C.I) can investigate the cyber crime ] was notified on 27th Oct,2009.

 *If no cyber Crime Cell exists, lodge a complaint before the concerned Dy. Superintendent of Police of the District.

*Jurisdiction: 
As per Information Technology Act, 2000{as amended in 2008}, the act extents to whole of India, it also envisages any offences or contravention there under committed outside India by any person including a foreign national. any person irrespective of his territorial location and nationality using a computer located in India to commit an offence or contravention outside India is also liable under the Information Technology Act.

From this an inference can be drawn that if somebody sitting in USA hacks our web site in India or spreads virus in a computer system in India, that person will be liable to be prosecuted under the I T Act, 2000[as amended in 2008]

*Competent Court: 
The Information Technology Act also provides for the establishment of appellate tribunals known as Cyber Regulations Appellate Tribunal* (CRAT) .It provides that any person who is aggrieved by an order made by the Controller or Adjudicating officer may file an appeal with the CRAT*. The CRAT is required to follow the principles of natural justice in deciding matters and has the same powers as are vested in the civil court under the Code of Civil Procedure, 1908.

  *These courts are in formative stage.

      

* Liability of Network Provider

 Network Service provider is the person who is an intermediary dealing in transmission of information from one party to another. It may be a web space provider or a web-site owner. A network service provider is considered to be liable for the information provided by the third party through the service provider unless he is able to prove that he had exercised all due diligence to prevent the commission of such offence or contravention. So, report the matter to the Internet Service Provider about the hacking immediately on occurrence.

What points to be covered in complaint/statement of witness?

*Draft a complaint in simple language covering all facts and answering questions like where, when, what, how, who etc.

*When it was hacked?

*What is the extent of hacking?


*Report about the hacking P.C by loading dangerous programs [virus].

* Report about the hacker deleting files.

*Report about involvement of hacker by using your I.P address.

*How much is the effect of hacking? The Extent of damage to institution‘s revenue.

*It is advisable to carry all documents about P.C and Internet Provider registration. [Important documents about institution activities]

1. Your internet connection registration details.

2.Your internet connections bills payment.

3.Any complaints lodged with Internet service       provider about high browsing  bills.

4. Any other specific documents [threat e-mails].

5. Suspected personnel names. If any.

6. Statements of witnesses.

What cyber crime cells do?

 * Take the complaint.

 * Gather all evidences like use of I.P address.

 *Make list of possible suspects associated with organization for undue gain.

 * Questioning the suspects.

 * Take attendance details.

 *Take information about the employees seating arrangement and operating P.C

 *Take machines [PC’s] for forensic lab for processing by experts.

How case is processed?

*Initially, Police register the case of cyber crime and visit the scene of offences.

 *Start gathering all evidence.

 *Record the statement under provisions of Section 161, Cr.PC.

  *Collect all material objects like P. C [hardware] for further processing.

  *Questioning the suspects.

  *Pin down the suspect basing on preliminary investigation.

What defenses are available to cyber criminals?

    * Feign  ignorance of crime committed.

    * Pleading the ignorance of computer expertise.

    * Plead Alibi.

    * Shifting the blame on others.

How to prevent cybercrimes? What precautions/steps to be taken to prevent hacking/cyber crime.

Tips in nutshell:

 *It is advisable to use firewalls[Firefox Mozilla], if you have DSL or a cable modem

  *Never open emails sent by unknown persons.

  * Keep regular backups of all your important files.

  *Regularly update the anti-virus software programs along with other applications.

   
*Appoint experts IT security professionals, who have taken formal embedded system training, network security training or information security training to ensure security to your network system.

 *It is advisable to turn off computers not in use. This is especially important,if you have an "always on" type of connection.

 *Don't visit chat rooms unless they are closed and you know the chat room administrator [unknown user can know your I.P address and it is easy to hack]

*Change your passwords frequently. [Strong password with numeric values +alphabets+ character example : *&1234abcd]

*Develop a consciousness amongst the employees about the need for security and an understanding of what could happen if a disastrous hacking takes place for lack of security culture 


* Find out the potential weaknesses in your system with the help of anti- hacking software.

*Carry out regular backups of your data and test the backups to ensure they are in good working condition.

*If necessary store the backup files off line for ensuring security.

*Strictly maintain the documents about computer usage.

*Encrypt the data, with the help of encrypting software, which carry important details about your company that are in transit mode such as email messages traveling in and out of the business.

*Regularly update the software programs you are using to ensure that the security patches are installed properly and all default passwords have been reset.

About the Author 
M Ravi Kumar  B.A,LL.M

Advocate,A.P High Court&Former Legal Consultant ,A.P Women Commission ,Hyderabad ,A.P

Note:This is only informative piece of articles with inputs drawn from different website sources

Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010.

Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010.

A Bill for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry out the activities of legal practitioners; to make provisions for the establishment of an ombudsman for complaints against the professionals  and for a scheme to consider and determine complaints against the legal practitioners; to make provision in respect of providing legal services free of charge and for connected purposes.

Be it enacted by the Parliament in the 60 year of the Republic of India, as follows: -

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.—This Act may be called The Legal Practitioners (Regulation and Maintenance of Standards in Profession Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010.
(2)    It extends to the whole of India, except the State of Jammu and Kashmir.
(3)     It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.
2. Definitions.—In this Act, unless the context otherwise requires, –
(a) “Board” means Legal Services Board constituted under this Act.
(b) “Clients” means the clients of the Legal Professionals who engaged such Legal Professionals by executing a vakalatnama / letter of authority, by whatever name it may be known.
(c) “Consumer of Legal Profession” includes the clients of legal professionals and anyone who might have recourse to legal services  because of a legal issue and those who are using or are may be contemplating using services provided by the legal professionals in relation to the legal services arising out of a legal issue.     
(d) “Legal Professionals” means the Advocates as defined in the Advocates Act, 1961 and includes the qualified lawyers engaged in legal practice confined to their chamber, engaged in drafting and conveyancing, practitioner of income tax and sale tax and those appearing before the relevant authorities, giving advise to the clients for a fee, gain or reward in the areas of customs, immigrations, trademark and patent services and all other professional services where legal issues are involved;
(e) “Ombudsman” means the Ombudsman appointed under this Act for redressing the grievances of the clients and consumers of Legal Professionals.
(f) “Professional Principles” include –
    (i) that the Legal Professionals should act with independence and integrity;
    (ii) that the Legal Professionals should maintain proper standards of work;
    (iii) that the Legal Professionals should act in the best interest of their clients;
    (iv) that the Legal Professionals who are authorise to appear before a court or tribunal, by virtue of being such authorisation should comply with their duty to the court / tribunal to act with independence in the interest of justice;
    (v) that the affairs of clients should be kept confidential. 
 (g) “Prescribed” means prescribed by rules made under this Act.
    (2)    Any reference in this Act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

CHAPTER II
THE REGULATORY OBJECTIVES

3.The Regulatory objectives. – (1) In this Act a reference to “the regulatory objectives” is a reference to the objectives of—
(a)protecting and promoting the public interest;
(b)supporting the constitutional principle of the rule of law;
(c)improving access to justice;
(d)protecting and promoting the interests of the clients of the legal practitioners;
(e)promoting healthy competition amongst the legal practitioners for improving the quality of service;
(f)encouraging an independent, strong, diverse and effective legal profession with ethical obligations and with a strong sense of duty towards the courts and tribunals where they appear;
 (g)creating legal awareness amongst the general public and to make the consumers of the legal profession well informed of their legal rights and duties;
(h)promoting and maintaining adherence to the professional principles.
 CHAPTER III
LEGAL SERVICES BOARD
PART – 1

4. Constitution of Legal Services Board. – (1) The Central Government shall constitute a body to be called the Legal Services Board to exercise the powers and perform the functions conferred on, or assigned to it under this Act.
(2)    The Legal Services Board shall consist of –
(a)  a Chairman appointed by the President of India in consultation with the Chief Justice of India and the Chairman of the Bar Council of India.
(b)    a Member-Secretary appointed by the Central Government in consultation with the Chief Justice of India and the Chairman of the Bar Council of India possessing such experience and qualifications, as may be prescribed by the Central Government, to exercise such powers and perform such duties under the Chairman of the Legal Services Board.
(c)    such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by the Government in consultation with the Chief Justice of India and Chairman of the Bar Council of India.  Out of these five members shall be the Chairmen of the State Bar Councils, representing the Northern, Southern, Western, Eastern and North-Eastern regions of the country.
(3)    The Chairman of the Legal Services Board shall not, during the appointment carry on any activity relating to practice of law for or in expectation of any fee, gain or reward.
(4)    While appointing members of the Legal Services Board, other than from the category of Chairman of the State Bar Councils, regard shall be had such members have experience or knowledge of in the field of –
    (a)    a legal professional; or
    (b)    imparting of legal education; or
    (c)    consumer affairs; or
    (d)    having been a Judge of the High Court; or
    (e)    experienced in competition law; or
    (f)    had been the member of a grievance redressal body at the National level or State level; or
(5)    The terms of office and other conditions relating thereto, of Chairman, Member-Secretary and other members shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India and the Chairman of the Bar Council of India. 
(6)    The Legal Services Board may appoint such number of other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India and the Chairman of the Bar Council of India, for the efficient discharge of its function under this Act.
(7)    The officers and other employees of the Legal Services Board shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India and Chairman of the Bar Council of India.
(8)    The administrative expenses of the Legal Services Board including the salaries, allowances and pensions payable to the Chairman, Member-Secretary, Officers and other employees of the Legal Services Board shall be defrayed out of the Consolidated Fund of India.
(9)    All orders and decisions of the Legal Services Board shall be authenticated by the Member-Secretary, members or other officers of the Legal Services Board duly authorized by the Chairman of the Board.
(10)    No act or proceeding of the Central Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution, of the Legal Services Board.

5. Arrangements for Assistance. – (1) The Board may make arrangements with such persons as it considers appropriate for assistance to be provided to it. 
(2)    Arrangements may include the paying of fees of such persons.
6. Committees. – (1) The Board may establish committees.
(2) Any committee so established may establish sub-committees.
(3) Only members of the Board may be members of a committee or subcommittee.
7. Proceedings. – (1) The Board may regulate its own procedure, and the procedure of its committees and sub-committees.
(2) The quorum of a committee or sub-committee must not be less than 3.
(3) The Board shall publish any rules of procedure made under this Section.
8. Quorum for the Meetings of the Board. – (1) Quorum for the meetings of the Board shall be 3.
(2) The Member-Secretary is entitled to participate in the meetings with a right to vote.     
(3) In case of a division the Chairman of the Board may exercise his casting vote.
9. Delegation of Function. – (1) The Board may authorise –
    (a)    the Chairman, the Member-Secretary or any other Member of the Board;
    (b)    a Committee or sub-committee of the Board; or
    (c)    a member of staff appointed by the Board, to exercise on behalf of the Board, such of its functions, in such circumstances as it may determine.
10. Accounts. – (1) The Board must – 
    (a)    keep proper accounts and proper records in relation to the accounts; and
    (b)    prepare in respect of each financial year a statement of accounts including the income and expenditure account and a balance sheet in such forum and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor General.
(2)    The accounts of the Board shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board concerned to the Comptroller and Auditor General of India. 
11. Levy of Contribution from the Members of Legal Profession. – (1) The State Bar Councils Bar Council of India and the Legal Services Board as the case may be, shall levy an amount not exceeding Rs.25/- from the Legal Professionals by insisting an affixing adhesive stamps on the vakalatnama / letter of authorisation filed by the Legal Professionals in the Courts /Tribunals or the institutions / officers where they represent their client in the capacity of a legal professional.
(2)    The Board shall from time to time by notification fix the rate of such contributions.
12. Board’s Power for Issuing Schemes & Guidelines to Promote the Regulatory Objectives. – (1) In discharging its functions for promoting the regulatory objectives, the Board may issue guidelines or schemes.
(2)    The guidelines and regulations shall be made in a way –
    (a)    which is compatible with the regulatory objectives; and
    (b)    which the Board considers most appropriate for the purpose of meeting those objectives; and
    (c)    The Board must have regard to the principles under which the legal professional activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and
    (d)    any other principle appearing to it to represent the best legal professional practice.
13. Standards of Regulation, Education and Training. – (1) Notwithstanding anything contained in the Advocates Act, 1961 the Board  must assist in the maintenance and development of standards in relation to –
    (a)    the regulation approved by the Bar Council of India in relation to the activities of the advocates; and
    (b)    the education and training of the legal professionals.
14. Supplementary Powers. – (1) The Board may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.
15. Annual Report. – (1) The Board shall prepare an Annual Report dealing with the discharge of Board’s functions, the extent to which the Board has met the regulatory objectives and such other matters as the Central Government may from time to time direct.
(2)    A copy of the Annual Report shall be laid before both houses of Parliament.
PART – II
CONSUMER PANEL

16. Consumer Panel. – (1) The Board shall establish and maintain a panel of persons to be known as “the Consumer Panel” to represent the interests of consumers and the clients of the legal professionals.
(2)    The consumer panel shall consist of such consumers or persons representing the interest of consumers as the Board may appoint with the approval of the Central Government.  The Board may appoint one of the members of the consumer panel to be the Chairman of the panel.  The consumer panel shall have a fair degree of representation of both the consumers / clients of the legal professionals and those who are using or may be contemplating using the services of the legal professionals as consumers / clients.
(3)    The consumer panel shall not include –
    (a)    a member of the Board or its staff;
    (b)    an Ombudsman for legal complaints or of the staff of such Ombudsman;
    (c)    a member of the government body or of the staff of State Bar Council / Bar Council of India; or
    (d)    legal professionals.
(4)    The term of office and mode of removal of the Chairman and members of the consumer panel shall be similar to those of Chairman, Member-Secretary and Member of the Board.
17. Procedure of the Consumer Panel. – (1) The consumer panel may make such arrangements for regulating its own procedure, as it thinks fit for relating its procedure.
(2)    The consumer panel may establish committees or sub-committees.
(3)    If the services of any other person is availed of by the consumer panel or its committee, the Board may pay to that person such remuneration and expenses as the Board may determine.
18. Representations made by the Consumer Panel. – (1) Representations made by the consumer panel shall be considered by the Board.
(2)    If the Board disagrees with the views expressed, or proposal made, in the representations, it must give the consumer panel a notice to that effect stating its reasons for such disagreeing.
(3)    The consumer panel may publish such information as it thinks fit about any representations made by it to the Board.
(4)    The Board must publish any notice it gives under sub-section (2) in respect of those representations.
19. Advice and Research Functions of the Consumer Panel. – (1) The consumer panel may, at the request of the Board –
    (a) carry out research for the Board;
    (b) give advice to the Board;
    (c) publish such information as it thinks fit about the advice it gives and about the results of research carried out by it.
(2)    The Board shall consider any advices given and results of any research carried out under this section.
(3) All expenditures in relation to the consumer panel shall be borne by the Board.

PART III
OMBUDSMAN

20. Ombudsman. – (1) The Board may appoint a Chief-Ombudsman at its office and Ombudsmen for each States for dealing with the complaints against the legal professionals at the State level.
(2)    The State Governments shall provide the requisite staff and infrastructural facilities for running the office of the Ombudsman in each States.
21. Qualification and Selection of Ombudsman. – (1) No persons shall be appointed as Chief Ombudsman unless he has held the post of a Judge of the High Court.
(2) The Ombudsman for the State shall have held the post of a District Judge.
(3) The Ombudsman shall be selected by in consultation with the Chief Justice of the State High Court and the Chairman of the State Bar Council.
(4)    The Ombudsman shall hold office for a term of five years and shall not be eligible for re-appointment.
(5)    The Ombudsman may resign his office at any time by writing under his hand and address to the Chairman of the Board.
(6)    The Ombudsman may be removed from his office in accordance of the provisions relating to the removal of the Chairman, Member-Secretary and members of the Board.
22. Procedure Before the Ombudsman. – (1) On receipt of a complaint relating to a legal professional, the Ombudsman shall issue notice to the legal professional concerned and also to the complainant and shall fix a date for inquiry into the complaint.
(2)    The Ombudsman shall examine the documents and the witnesses, if any, on both sides and shall prepare his findings after hearing both sides.
(3)    The report of the Ombudsman shall be forwarded to the Disciplinary Committee of the Bar Council of the State with a copy to the Board.
(4)    The report of the Ombudsman shall contain his own findings about the allegations against the Legal Professional and the proposals for taking necessary action.
(5)    The report of the Ombudsman shall be published in the manner prescribed by the Rules.
(6)    The Disciplinary Committee of the Bar Council of the State shall consider the report of the Ombudsman and if such report is not accepted by the Bar Council reasons thereof shall be recorded in writing and such reasons shall be published in the manner prescribed by Rules with sufficient justification. 
(7)    The reasons for rejection of the recommendation of Ombudsman shall be explained in detail which it is so published.
23. Status of Ombudsman. – (1)    The Ombudsman and the employees of his, shall be deemed to be public servants within the meaning of Section 21 of Indian Penal Code (45 of 1860).

PART IV
STATUS OF THE BOARD

24. Status.—(1) The Board is not to be regarded –
    (a) as a subordinate to any Government Department or as the agent of the Government; or
    (b) as enjoying ay status, immunity or privilege as provided by any other law.
(2)    The Board shall be entitled to hold and purchase movable and immovable properties for its efficient functioning and shall have a body incorporate having a perpetual succession with a common seal.
25. Disqualification. – (1) The President of India or the Central Government as the case may be may remove, Chairman or Member-Secretary or members from office who –
    (a)    has been adjudged as insolvent; or
    (b)    has been convicted of an office which, in the opinion of the President of India or the Central Government as the case may be, involved in moral turpitude; or
    (c)    has become physically or mentally incapable of acting as such Chairman, Member-Secretary or members; or
    (d)    has acquired such financial or other interest as is likely to affect prejudicially his functions as Chairman or Member-Secretary or members; or
    (e)    has or so abused his position as to render his continuance in office prejudicial to the public interest;
    Provided that the Chairman, Member-Secretary or members shall not be removed from his office on the grounds specified in clauses (d) and (e), except on inquiry held in accordance with the procedure prescribed.
26. Procedure for Inquiry. – (1) Whenever the President of India or the Central Government is of the opinion that an allegation under clauses (d) or (e) of Section 19 is required to be inquired, they may hold an inquiry conducted by sitting judge of the High Court.
(2)    A copy of the inquiry report along with a copy of the allegations and a list of documents and witnesses shall be delivered or cause to be delivered to the Chairman, Member-Secretary or member against whom such inquiry was conducted and shall require him to submit within such time as may be allowed, a written reply or statement of his defence. 
(3)    If the allegations are admitted by the Chairman, Member-Secretary or members, the President or Central Government as the case ay be, record reasons and remove such person.
(4)     Where the charges have been denied by the Chairman, Member-Secretary or member, the President of India or the Central Government as the case may be, appoint a sitting or retried judge of the Supreme Court of India to inquire into the truth of the allegation.  A Presenting Officer may be appointed to present the case on behalf of the President of Indian or as the case may be, Central Government before the judge so appointed.
(5)    The Inquiring Judge shall give opportunity to the Presenting Officer to present the case and to examine witnesses and to present evidence, if any.  Thereafter the Chairman, Member-Secretary or member shall be given opportunity to present his defence. 
(6)    The Inquiring Judge shall have power to call witnesses and record their statements or receive evidence on affidavits or call for production of documents or other relevant records, which may be necessary for the inquiry.
(7)    Inquiring Judge may submit his report within a period of six months or within such time as may be extended by the President of India, as the case may be, by the Central Government.
(8)    If the President of India or, as the case may be, Central Government is satisfied that the charges are proved on the basis of the report submitted by the Inquiry Judge, the delinquent Chairman, Member-Secretary or member, as the case may be, shall be removed.

CHAPTER IV
LEGAL AID TO THE FINANCIALLY WEAKER CONSUMERS.
PART – I

27. Free Legal Services to the Financially Weaker Consumers / Clients. – (1) Every Legal Practitioner shall be duty bound to give free legal services to the financially weaker consumers/clients who fall just above the income levels prescribed under Section 12(h) of the Legal Services Authorities Act, 1987.
28. The Duty of Legal Professionals to provide honest and true legal advice to the consumers/clients. – (1)  Every legal professional shall provide full information regarding the legal position to consumer / client relating his case.  The services of the legal professional shall be in such a manner as to give an opportunity to the consumer / client to make informed choices about the quality, access and value of the legal services he requires.




PART –II
RELATIONSHIP BETWEEN THE LEGAL SERVICES BOARD WITH THE BAR COUNCILS.

29. Legal Services Board and the Bar Councils. – (1) The Legal Services Board shall have full authority to deal with the regulatory objectives in this Act and the Bar Council of India and State Bar Councils shall continue to exercise the functions assigned to them by Advocates Act, 1961.
(2)    The directions of the Legal Services Board relating to the regulatory objectives of this act shall be the guiding principles in so far as functioning, performance and professional principles to be followed by all legal professionals.
(3)    In discharging its regulatory functions assigned by the Advocate Act, 1961, the Bar Council of India and the State Bar Councils shall comply with the requirements of the regulatory objectives in this act.
(4)    The Bar Council of India and State Bar council, shall, so far as is reasonably practicable, act in a way –
    (a)    which is compatible with the regulatory objectives, and
    (b)    which the Bar Councils consider most appropriate for the purpose of meeting those objectives. 
30. Directions. – (1)    This section applies if the Board is satisfied –
    (a)    that an act or omission of the Bar Councils has and, or is likely to have an adverse impact on one or more of the regulatory objectives, and
    (b)    that the Bar Council has failed to comply with any requirement imposed on it by or under this Act or any other enactment; and
    (c)    that the Bar Council –
    (i)    has failed to ensure that the exercise of its regulatory functions is not prejudiced  by any of its other functions, or
    (ii)    has failed to ensure that decisions relating to the exercise of its regulatory functions are, so far as reasonably practicable, taken independently from decisions relating to the exercise of its representative functions.    
(2)     If, in all the circumstances of the case, the Board is satisfied that it is appropriate to do so, it may direct the Bar Council to take—
(a)     in a case within subsection (1)(a), such steps as the Board considers will counter the adverse impact, mitigate its effect or prevent its occurrence or recurrence;
(b) in a case within subsection (1) (b) or (c), such steps as the Board considers will remedy the failure, mitigate its effect or prevent its recurrence.
(3)     In a case within subsection (1)(a), before giving a direction under subsection (2) the Board must in particular consider the impact of giving the direction on the  other regulatory objectives.
(4)     A direction under subsection (2)—
(a)     may only require the Bar Council to take steps which it has power to take;
(b)     may require a Bar Council to take steps with a view to the modification of any part of its regulatory arrangements.
(5)     The Board may not exercise its powers under this section so as to give a direction requiring a Bar Council to take steps in respect of a specific disciplinary case or other specific regulatory proceedings (as opposed to all, or a specified class of, such cases or proceedings).
 (6)     For the purposes of this section a direction to take steps includes a direction which requires a Bar Council to refrain from taking a particular course of action.
(7) The power to give a direction under this section is subject to any provision made by or under any other enactment.
(8) The Board may take such steps as it regards as appropriate to monitor the extent to which a direction under this section is being, or has been, complied with.
(9) Where the Board revokes a direction under this section, it must—
(a)     give the Bar Council to which the direction was given notice of the revocation, and
(b) publish that notice.
31. Enforcement of Directions. – (1) If the Bar council failed to comply with a direction given under section 30, the Board may make an application to the High Court under this section.
(2) On an application under sub-section (1) of this Section, if the High Court decides that the Bar Council has failed to comply with the direction in question, it may order the Bar Council to take such steps as the High Court directs for securing that the direction is complied with.

32. Public Censure. – (1) If the Board is satisfied—
(a) that an act or omission of the Bar Council has had, or is likely to have, an adverse impact on one or more of the regulatory objectives, and
(b) that it is appropriate to act under this section in all the circumstances of the case.
(2) The Board may publish a statement censuring the Bar Council for the act or omission.
(3) Before publishing a statement of censure the Board shall give notice to the Bar Council that it intends to publish such a statement and setting out the terms of the proposed statement indicating the acts or omissions of the Bar Council. 
(4) The notice under Section (3) shall specify that the Bar Council has 30 days time before the expiry of which the representations with respect to the proposed statement of censure may be made.  (5) Before publishing the statement the Board must consider any representations which are duly made.
(6) The above procedure shall be followed in the case of any variations proposed to be made in the statement of censure.
33. Intervention Directions. – (1) The Board has power to issue directions by way of interventions in relation to any of the functions of the Bar Councils. If the circumstances mentioned in sub-section (1) of Section 32 appear in relation to such functions.
(2)    If the Bar Council does not obey such directions of interventional nature, the Board may approach the High court for orders for implementation of such directions by the Bar Council.
34. Revocation of Directions. – (1)  The Board may revoke at any time the directions or intervention directions issued to the Bar Council.
CHAPTER V
THE BOARD’S POWER TO REGULATE THE LEGAL PROFESSIONALS OTHER THAN THOSE COVERED BY THE ADVOCATES ACT, 1961

35. Board Powers to Function as Regulator. – (1) Until competent regulatory bodies are established by the Central Government or State Government as the case may be, the Legal Services Board shall function as the regulator for the regulatory objectives under this act for legal professionals other than those covered by the Advocates Act, 1961 as enumerated in Schedule I.
(2)    The Central Government or the State Government as the case may be appoint or designate regulatory with powers of granting licence to such legal professionals.
(3)     The Central Government may by notification add or delete any profession in Schedule-I.
36. The Board may encourage multi-disciplinary services for the Legal Professionals. – (1)  In order to make the services of the legal professionals  to be more holistic and effective, the Legal Services Board shall encourage the legal professionals to join hands with other disciplines and professions to give comprehensive services to the clients or consumers.

CHAPTER VI
MISCELLANEOUS

37.  Act to have overriding effect. – (1)  The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force in any instrument having effect by virtue of any law other than this Act.
38. Power to remove difficulties. – (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
    Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.
(2)    Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
39. Power of Central Government to make rules. – (1) The Central Government in consultation with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
    (a)    the experience and qualifications of the Member-Secretary of the Board;
    (b)    the condition of service and the salary of the Chairman, Member-Secretary and members of the Board and the Ombudsman;
    (c)    the number of officers and other employees of the Legal Services Board and the Chief Ombudsman and other Ombudsman in the States;
    (d)    any other matter which is to be, or may be prescribed.
40. Laying of rules and regulations. – (1) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of 30 days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, or both Houses agree in making any modification in the rule, or both House agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

SCHEDULE – I
(See Section 35)
Qualified lawyers who are not practicing advocates, doing legal services in their Chambers.
Qualified lawyers engaged in drafting and conveyancing.
Income-Tax Practitioners.
Sales-Tax Practitioners.
Practitioners in Revenue Courts.
Customs clearance agents.
Customs and Immigration Law Practitioners. 
Trademark attorneys / lawyers.
Patent attorneys / lawyers.

Source:Ministry of  Law ,India.

The Trail by Media : Overview

The Trail by Media : Overview  

John Milton :  “Give me the liberty to know, to utter and argue freely according to conscience above all liberties.”

The 'News' is an integral part of life in the 21st century.There is no universal definition of the term 'News'.Due to advancement of technologies that lead to the spread of new avenues of sharing of news i.e T.V ,Radio,Internet.The students of Journalism -Mass communication might be very familiar with Media.The word 'media' comes from Latin word 'medium' which in singular form means ,method or way of doing some thing ,in the plural form ,media in modern context ,signifies ways or means of communication .The word 'media' wider connotation, it includes both  news paper[news paper,magazines&books] , Electronic media[radio,T.V,cable satellite ],audio visual media[film,audio cassette &video].To regulate the media ,various acts/provisions of  law  were enacted by all countries known as Media laws to regulate the media and ensure that they function under legal parameters.

"The media includes both the traditional means of mass communication, such as books and pamphlets; nautankies, puppet shows, street plays, ballads, kirtans, pulpit and platform and the modern stage; small and big screen motion pictures; radio, print and the electronic media; SMS; Internet etc"-Justice P B Sawant Former Judge of the Supreme Court of India and a Former Chairman of the Press Council of India.

Late Nani Palkhivala: “Freedom is to the Press what oxygen is to the human being; it is the essential condition of its survival. To talk of a democracy without a free press is a contradiction in terms. A free press is not an optional extra in a democracy.” at The Golden Jubilee Valedictory Function of the Indian Newspaper Society, Delhi, September 29, 1989 .

Justice Jeevan Reddy in R. Rajagopal Vs. Tamil Nadu[AIR 1995 SC 264] :“But what is called for today, in the present times, is a proper balancing of the freedom of press and said laws consistent with the democratic way of life ordained by the Constitution. Over the last few decades, press and electronic media have emerged as major factors in our nation’s life. They are still expanding and in the process becoming more inquisitive. Our system of government demands as do the systems of government of the United States of America and United Kingdom-constant vigilance over exercise of governmental power by the press and the media among others. It is essential for a good Government."

The Laws enacted in India prior to Independence:

•  First Press Regulation was in  1799 by Lord Wellesley

•  The government passed the ‘Gagging Act’ in the year 1857,

•  The ‘Press and Registration of Books Act’  in 1867

•  The ‘Vernacular Press Act’ of 1878 by Governor General Lord Lytton

•  Lord Minto promulgated the ‘Newspapers (Incitement to Offences) Act, 1908 in  In 1908

Post -Independence era:

Post independence -era lead to various enactments in India.

•   Article 19  ,Part-III- Fundamental Rights, Constitution of India,1950  ;expressly guarantees Freedom of Speech and Expression,  The ‘freedom of press’ is an extension of the fundamental right to ‘freedom of speech and expression’ provided for under Article 19(1)(a) of the Constitution.  It is however pertinent to mention that, such freedom is not absolute but is qualified by certain clearly defined limitations under Article 19(2) in the interests of the public.

•  The Press (Objectionable Matters) Act, 1951 – This enactment provides bar against the printing and publication of incitement to crime and other objectionable matters. 

•  The Newspaper (Prices and Pages) Act, 1956 – The Central Government under this statue has power to regulate the price of newspapers in relation to the number of pages and size and also to regulate the allocation of space to be allowed for advertising matter. 

• Press Council Act, 1978 – Under this Act, the Press Council was reconstituted (after 1976) to maintain and improve the standards of newspaper and news agencies in India. 

•  Cable Television Networks (Regulation) Act, 1995& Direct-to-Home Broadcasting –

•  The Copyright Act, 1957

• Contempt of Courts Act, 1971 and The Official Secrets Act, 1923.

• Delivery of Books and Newspapers (Public Libraries) Act, 1954

• News Broadcasting Association (NBA)

Apart from that  above enactments, Indian Penal Code and Criminal Procedure Code are also applicable for media.

Trial by media :

The trail by media is new term in the field of law and journalism.According  to Wikipedia "Trial by Media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt regardless of any verdict in a court of law."There has been intense debate about the role of media  and how media should act with in the ambit and parameters of law of the land  ,when reporting court cases[sub-judice]and where cases ,which are being investigated by investigating agencies prior/after the lodging of  First Information Report[FIR] ,prior to filing of charge sheet in criminal cases giving due credence to the principle "Presumption of  Innocence ,until proven guilty" by the prosecution in the court of  law and respecting basic principles of Fair Trial ,according to due procedure established by law as enshrined in the Article 21 of Constitution of India and  International treaties like Universal Declaration of Human Rights ,Principles of Natural Justice,Equity and Fair play.

    * Roscoe 'Fatty' Arbuckle

    * Trial of O.J. Simpson

    * Rodney King

    *Azaria Chantel Loren Chamberlain

    *Chris Hurley

Trail By media in India

In India, trial by media has assumed importance and attracted lots of criticism . Some famous criminal cases [including the cases "that would have gone unpunished but for the intervention of media "]

Priyadarshini Mattoo case

Jessica Lal case

Nitish Katara murder case

BMW Run over case[Nanda]

Negative of Role of Media:

Aarushi Talwar:The father of Aarushi,Mr.Rajesh Talwar was shown as culprit &media also questioned the character of Aarushi

Sri Jayendra Saraswathi Swamigal: projected as guilty before full trial

Khushboo: was misquoted by electronic and print media on live-in relationships lead to filling of 22 cases against her

Sanjay Dutt :shown in media as someone who is innocent before commencement of trial.

T Raja Case-media coverage of Telecommunication 2 G spectrum: "I stand condemned, charge-sheeted, tried and convicted by the media. My stock is so low that anything I say does not redeem my position," said T.R. Andhyarujina ,Senior counsel ,appearing for Raja before an apex court bench of Justice G.S. Singhvi and Justice Ashok Kumar Ganguly in December 2010.

Ratan Tata : Tata filed a writ petition in Supreme Court of India alleging that Nira Radia tape leaks to media amounts violation of Right to Privacy under Article 21 of Constitution of India.

Family Disputes :ALL INDIA Forgotten Women’s Association (AIFWA), Andhra Pradesh Mothers-in-law Protection Association (APMPA), Save Indian Family Foundation (SIFF), All India Men’s Welfare Association (AIMWA) submitted a petition to the A.P. State Human Rights Commission regarding print and electronic media "telecasting/publishing lies and half-truths about family disputes between husbands and wives in the name of news, and resorting to defamation of husbands and their family members by calling them criminals, crooks, cheats, frauds, blood-thirsty demons, money-hungry wolves, and similar terms merely based on the self-serving statements of a complainant wife, thus damaging the dignity of accused persons".

Law Reform -Media :

The  200th Report of the Law Commission on “Trial by Media: Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971)”.The subject was taken up suo -motu having regard to the extensive prejudicial coverage of crime and information about suspects and accused, both in the print and electronic media. There is today a feeling that in view of the extensive use of the television and cable services, the whole pattern of publication of news has changed and several such publications are likely to have prejudicial impact on the suspects, accused, witnesses and even Judges and in general, on the administration of justice. According to our law, a suspect/accused is entitled to a fair procedure and is presumed to be innocent till proved guilty in a Court of law. None can be allowed to prejudge or prejudice his case by the time it goes to trial.

Conclusion : 

We need to balance between Freedom of Press and Fair trial ,so that all organs of the government function smoothly without any hindrance and interference .We should not expect our Judiciary to pronounce any one guilty or innocent merely basing on reports in press or media.This trend will bring dangerous results and untold miseries to people .The press and media has right act as checks-balance in democratic society ,but it can not intrude someone else roles and functions.  

"The interface between the news-media and the legal system obviously touches on many issues that merit a rigorous discussion-K.G. Balakrishnan,former Chief Justice of India, at the Ramnath Goenka awards"

The Law and Legal System in India

The Law and Legal System in India.

Courts in India

The courts,law and lawyers play important role in the society ,you can not imagine a society without government and judiciary.They are indispensable part of state or society.The state in other words can defined as "society organized for law".If there is no rule of law in  the society,that society is not peaceful and stable and the anarchism prevails in that society.

The Indian legal system inherited English Common law system with written constitution and written laws,unlike English system with unwritten constitution.The laws in India are as old as 1836 and Indian Constitution is lengthiest and longest living document in the world with more than 100 amendments since 1951.There are more than 10,000 courts in India with one Supreme Court,21 High Courts and other courts ,which are called lower courts or sub- ordinate judiciary [sub-ordinate to High Courts].

The division of law into criminal and civil is purely for administration of justice[terms are not defined any where],courts ,where civil cases are dealt are known as civil courts and courts,where criminal cases are dealt are known as 'Criminal Courts[Munsif level courts deal both cases ]The proceeding in civil courts are known as 'civil proceeding' and governed by procedure prescribed in 'Civil Procedure Code' .The proceeding in criminal courts are known as 'Criminal Proceeding governed by procedure prescribed in the 'Criminal Procedure Code'.

There are certain proceeding which can be categorized both 'Civil 'and 'Criminal' proceeding',but it is difficult to differentiate between 'Civil' and 'Criminal proceeding'.The Supreme Court once observed that "the character of the proceeding depends not upon the nature of the tribunal ,which is invested with the authority to grant relief ,but upon the nature of right violated and the appropriate relief which may be claimed and ultimately may be granted.........."  

 

Some of the cases under  Motor Vehicles Act ,laws relating to Weights&Measures,Petty Thefts and offences under Cattle Trespass Act are tried summarily and disposed off with out adhering to any lengthy procedure.

The Quasi -judicial bodies[MRTP/Competition Commission of India ,Consumer Commission/forum's etc] and specific tribunals like industrial,labour,service,tax,company law boards,water,electricity or armed forces tribunal don't necessarily follow the rigid procedural laws like regular courts.

The Commissions under statutory law were set up for specific purposes like Human Rights Commission[both national &state],S.C&ST Commission,B.C Commission,Minorities Commission,National Commission for children,National Women's Commission&State Women Commission etc.

Laws in India

There are about 3000-3500 central statues in India[see Indiacode] and state enactment around 25000 to 30,000.The most laws are outdated more and needs to be revisited and repealed.The Jain Commission on Review of Administrative Law identified around 1300 statues for outright repeal. Some laws have become out- dated in view of changes in society and needs to be revisited,some sections needs to be deleted or changed in some laws.The purpose of Law commission is study the existing laws and suggest necessary changes as per prevailing circumstances in the society.There is considerable criticism by experts that most laws are not being implemented effectively or some laws are being  misused.In some states ,there are state law commissions ,who are also working on areas of law reform.

There are no effective laws in many areas  to regulate Credit Cards/Debit Cards ,ATM,hire purchase,electronic data exchanges,government liability in tort cases ,certain areas in IPR, discrimination to HIV / Homosexuals ,certain labour laws violations in private sector,online pornography and child pornography ,satellite TV regulations[showing excessive violence &sexual visuals] etc.There is a need for statutory reform to fill up gaps in the existing laws.

There are more 20-25 million cases pending in various courts in India[35 millions if we include quasi judicial forums].The ratio of judges population very poor ,when compared to other countries.There about 27 judges in Supreme Court ,about 530 High Court judges and 900 sub-ordinate judges[about 335 District judges] [figures may not be accurate].It is misnomer to say citizens are largest litigant ,ironically government is largest litigant in country [with amount of cases filed by government in various courts]

Lawyers

There are  more 4,50,000[ as  2009-10] practicing in various courts in India and all of them regulated by Advocate Act ,1961.There is intense competition among lawyer's fraternity and standards of lawyers is not encouraging and there is feeling there is dearth of quality lawyers in the country.There is concern that lawyers profession is not attracting talented law graduates and most law  graduates of National Law schools not showing any inclination to practice in courts of law,rather more inclined to take up jobs in corporate sector and foreign law firms, due to attractive pay-packages.

The Bar Council of India proposes to hold All India Bar Examination for fresh law graduates to enter the profession of law on the ground that present standard of legal education is not satisfactory and poor .The said exam is challenged in courts of law and necessity of such exam is still debated by experts.The Supreme Court also examining the issue of conducting Bar examination as several writ petitions were filed in High Courts and Supreme Court.

There is debate about the entry of foreign law firms in view of WTO regulation  ,where signatory state has to open the service sector .Most experts are opposing the entry of foreign law firms.It is alleged that some law foreign law firms have already opened their off-shore offices  in the name of LPO[Legal process outsourcing] and the issue is being examined by the High Court of Chennai.

"Hundreds of lawyers are practising in this country. I know many of them do not have sufficient work. Some of the young members of the Bar still face several difficulties. I can only wish them all success in their career. My only advice is - what is required for the young lawyers at the Bar is clear head, a good memory, strong commonsense and aptitude of analysis and arrangement. If you possess these qualities, difficulties in your profession would vanish, like the morning mist before the Sun." - Hon’ble Mr. K.G. Balakrishnan, Chief Justice of India in  Supreme Court Bar Association Farewell  Function.(New Delhi, May 11, 2010)

"I wonder what a lawyer practicing in 1950 would feel if he were today to enter the Supreme Court premises on a Monday or a Friday. He would be appalled at the huge crowd of lawyers and clients thronging the corridors, where one finds it extremely difficult to push one’s way through the crowd to reach the Court hall. When he enters the Court hall he finds an equally heavy crowd of lawyers blocking his way.I do not think that any of the senior counsel practicing in the Supreme Court, during the first 3-4 decades of the existence of the court, would be able to relate to the manner in which we as counsel argue cases today. In matters involving very heavy stakes, 4-5 Senior Advocates should be briefed on either side, all of whom would be standing up at the same time and addressing the court, sometimes at the highest pitch possible."-K.K Venugopal  ,while addressing R.K.Jain  Memorial Lecture,Jan,2010.

Sources : The article is based on information gathered through various websites and above mentioned facts/figures  may not be accurate and meant for reference purpose only.