A book can't be banned for stray sentences: Supreme Court

The State cannot extract stray sentences and come to a finding that a book as a whole ought to be banned or forfeited, the Supreme Court has held. A Bench of Justices D.K. Jain and H.L. Dattu — while rejecting the Maharashtra government's stand justifying the notification for forfeiture of Shivaji-Hindu King in Islamic India written by James W. Laine — said: “The intention of the author has to be gathered from the language, contents and import of the offending material.”

Writing the judgment, Justice Jain said: “The effect of the words used in the offending material must be judged from the standards of reasonable, strong minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view. The class of readers for whom the book is primarily meant would also be relevant for judging the probable consequences of the writing.”

The Bench pointed out that the intention to cause disorder or incite people to violence was the sine qua non of the offence under Section 153-A of the IPC, and the prosecution had to prove prima facie the existence of mens rea on the part of the accused.

“The intention of the publication has to be judged primarily by the language of the book, the circumstances in which it was written and published; the matter complained of must be read as a whole and one cannot rely on strongly worded and isolated passages for proving the charge, nor indeed can one take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning.”

The Maharashtra government — by a January 15, 2004 notification, under Section 95(1) of the Criminal Procedure Code — ordered that every copy of Laine's book be seized as its circulation was likely to result in a breach of peace and tranquillity and maintenance of harmony. The notification was subsequently withdrawn and another was issued in December 2006 for the same purpose.

“NOTIFICATION INVALID”

On a writ petition by Sangharaj Damodar Rupawate and others, the Bombay High Court quashed this notification. Dismissing the State's appeal against this judgment, the Supreme Court said: “It is manifest that the notification does not identify the communities between which the book caused or is likely to cause enmity. Therefore, it cannot be found out from the notification as to which communities got outraged by the publication of the book or if it had caused hatred and animosity between particular communities or groups.” Holding the notification invalid, the Bench declined to interfere with the High Court judgment.

Source: The Hindu

Petition against term “socialist” in Constitution rejected

The Supreme Court on Monday dismissed as withdrawn a writ petition challenging the validity of Section 2 of the Constitution (42nd Amendment) by virtue of which the word ‘socialist’ was inserted in the Preamble to the Constitution.

The petition, filed by the Good Governance India Foundation, also challenged the validity of Section 29 A (5) of the Representation of the People Act, which was inserted by way of Section 6 of the RP (Amendment) Act, 1989 making it incumbent upon every political party registered in India to pledge allegiance to the socialist ideal, failing which such a party would be rejected from registration.

A three-Judge Bench comprising Chief Justice of India S.H. Kapadia and Justices K.S. Radhakrishan and Swatanter Kumar, after hearing senior counsel Fali Nariman, Solicitor-General Gopal Subramaniam for the Centre and counsel Meenakshi Arora for the Election Commission permitted the petitioner to withdraw the petition saying that the issues raised would be left open and decided as and when the situation arose.

Mr. Nariman submitted that the 42nd Amendment, evolved in the climate of national Emergency, violated the basic structure of the Constitution. Prior to the amendment, the Preamble read as follows “We, the people of India, having solemnly resolved to constitute India into a sovereign democratic republic.” After the amendment, the Preamble read: “We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic.”

AMBEDKAR’S OPPOSITION

Mr. Nariman read out debates in the Constituent Assembly to drive home the point that Dr. Ambedkar had opposed the inclusion of word ‘socialist’ in the Constitution. He said the court should go into the question whether the powers under Article 368 to amend the provisions would include the power to amend even the Preamble. Justice Kapadia, however, told Mr. Nariman that so far no political party had challenged this and every one had subscribed to it. The court would consider it when the Commission faced challenge from any political party.

The NGO, in its petition, contended that the 42nd Amendment altered the Preamble, which was impermissible as it contained the ideals and aspirations or the objects which the Constitution-makers intended to be realised by its enacting provisions. It said that such an insertion was wholly inconsistent with the phrase ‘liberty of thought, expression, belief, faith and worship,’ in the Preamble itself.

The petitioner submitted that the 42nd Amendment attempted to create a particular ideological basis for adherence to the Constitution, which was against the principles of a multi-party democracy and which breached the unity and integrity of the nation. The ingestion of the socialist principle was antithetical to the principle of democracy, which was considered a basic structure of the Constitution.

Source: The Hindu

Trilegal, Krishnamurthy, Wadia Ghandy, two law schools, CLAT coaching centre, Gov't join NUJS diversity project IDIA

The law ministry, law firms Krishnamurthy and Co and Trilegal, CLAT coaching institute IMS and law schools NLSIU Bangalore and NUALS Cochin have pledged financial or other support for NUJS Kolkata professor Shamnad Basheer's project to increase diversity in the legal profession, which visits poorer rural secondary school students to train and encourage them to apply to top law schools.

The IDIA (Increasing Diversity by Increasing Access to Legal Education) project was launched in March, as first reported on Legally India, and will identify bright students in disadvantaged areas and teach them for free to tackle the Common Law Admissions Test (CLAT) to enter national law schools.

Trilegal founding partners Karan Singh and Sridhar Gorti have personally pledged Rs 5 lakh to the project, which will pay for learning materials.

Singh said that while currently it was personal funding by him and Gorti, Trilegal would be fully involved once the project was approved internally, also offering internship places to students selected by the programme.

"At this point in time its personal - I wanted to be involved in the project at the personal level and they needed the funds pretty quickly," explained Singh. "The idea is that once this reaches some scale, while I will continue to do it on a personal basis, we will bring in not just firm support but also support from the wider community."

Bangalore law firm Krishnamurthy and Co and Mumbai law firm Wadia Ghandy and partner Ashish Ahuja have also pledged varying financial and logistical support to IDIA, including personal donations and offering internships.

Common Law Admissions Test (CLAT) coaching institute IMS has also agreed to provide unlimited free CLAT coaching places and learning materials for students selected by IDIA.

IMS national product manager Rajneesh Singh said: "It is actually a very good combination – [IDIA] are the best people to increase the awareness of law and to find talented good students, and it is our area too."

He added that eight students from Pelling in the North-Eastern state of Sikkim will be attending free CLAT classes in Kolkata and that there were no constraints on the numbers of the programme. "Even if we select 100 or 200 students, it is not a problem."

According to sources close to the law ministry, law minister Veerappa Moily and will make an announcement next month while also launching a separate training programme for lawyers in rural areas.

NUJS professor Basheer commented: "The law minister has agreed to support this project in principle and will also look towards creating a scholarship fund for this."

Basheer noted that the project was progressing well: "Sensitisation programs finished in Bangalore, Tumkur, some districts in Kerala, Sundarbans and Howrah. Also in a blind school in Hyderabad."

NLSIU Bangalore has also come on board to support IDIA, with Adithya Banavar overseeing the project locally.

NUALS Cochin student Raghul Sudheesh is co-ordinating the project in Kerala, with 50 students having volunteered to assist with their time.

NUJS students Diptoshree Basu, Ramanuj Mukherjee and Arnab Roy are leading the initiative in Kolkata.

Trilegal's Singh said that Trilegal would be supporting IDIA for two main reasons. "There's corporate social responsibility and I think the social responsibility element of it is not just for organisations but for each of us in the profession.

"Second, we need to widen the net if you look at the other career options and other mainstream opportunities – whether engineers, doctor or MBA grads. Right now [law] is very mainstream: access is to people who have lineage or to bright sparks who feel that profession is at the right time to get into it."

"But you can not build profession just with bright sparks – you have to go into non-core areas to go a little broader," said Singh.


Source:http://www.legallyindia.com/201007011046/Law-schools/trilegal-krishnamurthy-two-law-schools-clat-coach-govt-join-nujs-diversity-project-idia

Prof Madhava Menon outlines roadmap to reform 'sea of institutionalised mediocrity' in legal education

At a National Consultation organised by the Law Ministry during May 1-2, 2010, Prime Minister Manmohan Singh described legal education in India as a “sea of institutionalised mediocrity with a few islands of excellence,” and stressed the need for dramatic reform in terms of its scope and quality. He wanted the legal education system to be sensitive to the needs of the marginalised sections of society, particularly in the context of globalisation and the retreat of the state from some of its traditional roles. He felt that in future, domestic legal mechanisms will increasingly interact with both international and foreign legal systems and that the law schools should prepare themselves to face consequent challenges. The reforms he suggested included multi-disciplinarity in legal studies, flexible curricula, improved service conditions for law teachers, continuing education programmes for legal professionals and placement-internship programmes for all students.

This subject has indeed received the attention of several expert committees recently, including the National Knowledge Commission and the Committee on Renovation and Rejuvenation of Higher Education (the Yash Pal Committee). These commissions and committees found three fundamental drawbacks in the objects, structure and content of legal education as it is being imparted in nearly a thousand law colleges in India, most of them functioning in the private sector.

First of all, the objects of legal education in the changing socio-economic context are neither clear nor prioritised. The Advocates Act and the Bar Councils seem to think that the only object of legal education is to produce lawyers to practise in courts. Today, people seek legal education for a variety of purposes: to meet the demands of trade, commerce, industry, governance and international relations. The practising profession itself is getting increasingly internationalised, warranting the study of other legal systems and practices. These multiple goals raise questions of content, structure and regulation.

Currently, the content of legal education is considered to be a function of the regulatory bodies (read Bar Council of India) and the universities are obliged to follow it. This has adversely affected curriculum development in terms of serving the multiple objects of legal education and inhibited innovation and experimentation that are essential for academic and professional excellence. In a sense, it has alienated law schools from its essential function of legal research and development.

Law grows when it engages with society and interacts with other branches of knowledge. Engagement with social problems and movements make legal education relevant and contextual. For this to happen, a liberal, holistic and decentralised approach to curriculum planning and development is necessary, for which each university teaching law should have the primary responsibility. This was the essence of the National Knowledge Commission's and the Yash Pal Committee's recommendations. In other words, according to the expert committees the future of legal education will depend on how the role of universities (law schools) is conceived on the one hand, and on what the goals and objects of legal education are determined to be, on the other. Whichever way one looks at the situation, one thing is clear: the existing regulatory mechanism under the Advocates Act, 1961 is far too weak and inadequate to chart the future course of legal education.

Access and equity are important considerations in higher education, and this is particularly so in law education. The Bar Council's efforts over the last 50 years did succeed in making the so-called legal education accessible to all sections and keeping the costs low for students. But in the process, quality was neglected or allowed to be diluted. Many universities practically avoided their responsibilities, and put the entire blame on the Bar Council. An attempt was made at the instance of the Bar Council to improve quality by introducing the five-year integrated LL.B. programme, and by establishing a series of autonomous National Law Schools. But they have remained islands “in a sea of mediocrity” — as the Prime Minister described it.

The challenge before legal educators and the regulators of higher education today is two-fold.

First, how to promote competitive excellence in a global context in the few National Law Schools and others of its kind that are maintaining some degree of quality in education. Secondly, how to take the mediocre institutions — which are too many in number — to improve their performance towards achieving some degree of professionalism and academic excellence in the shortest possible time.

The major problems cited in this regard are inadequacy of resources including lack of competent teachers in adequate numbers. Given that most of these institutions are privately managed and have very little investment and faculty resources, it is not possible to transform them unless the managements themselves mobilise the finances. Others that are in the government sector, including university departments, can prepare plans for development and seek funds from governments, Central and State. There exists a case to increase tuition fees and development charges while making the institutions provide better teaching and learning facilities to consumers of education.

Finally, if quality is to be improved the key institutions for regulating legal education should be the universities themselves. Let there be competition among universities to deliver quality educational services. The external regulator's function should be limited to setting goals, setting minimum standards, and facilitating the exercise of academic autonomy by individual institutions. In this regard, the proposal of the Knowledge Commission for a multi-member single regulator involving all stakeholders is an excellent idea that deserves attention. The shortage of teachers can be addressed partly through a flexible approach in faculty composition: this may include more visiting and adjunct teachers, partnership arrangements, contractual engagement of professionals and so on. There could also be an organised plan to prepare teachers by selected institutions with special support from government.

It will take a decade or more to create a research environment in the existing law schools, particularly for cutting-edge research that contribute to law reform and development. Meanwhile, the recommendation of the Knowledge Commission to set up a few advanced research centres that can attract available talent to plan and develop legal research is worthy of immediate attention. This is where the Central government should invest, as it did in the field of scientific and industrial research in the early 1960s and 1970s. They can be networked with the law schools of the region: this will be of mutual advantage.

The initiative on Second Generation Reforms developed by the Union Law Ministry (2010) and the Task Force on Legal Education constituted by the Union Ministry of Human Resource Development should work together to develop a plan of action to push forward the agenda of legal education reforms. This should serve not only the needs of the practising profession but also the emerging demands of society and government for law trained persons. The Judicial Academies training judges should tie up with selected law schools of the region to enrich the content and process of judicial education and training, while providing opportunities to law schools to understand and inform themselves of the problems and challenges of the administration of justice. Bar Councils should set up a chain of continuing legal education centres, similarly tying up with law schools for mutual benefit. What the nation needs now is an organised movement involving legal educators, lawyers and judges, not only to learn the practice of law but to transform law and legal institutions to maximise justice in society and to put legal education at the centre for better governance under democracy and rule of law.

Source:- http://beta.thehindu.com/opinion/lead/article470073.ece?homepage=true

Lighting up lives - International Institute for Social Entrepreneurship (IISE)

This summer i am taking sessions on Human Rights at the International Institute for Social Entrepreneurs (IISE) in Thiruvanthapuram, Kerala (South India), an Institute that operates under the umbrella of Braille without Borders (BWB).The IISE focuses on leadership training in order to create social change. The participants, all over 22 years of age, are inspiring visionaries who mainly come from developing nations. All of them have overcome significant life challenges ranging from vision impairment, disability, poverty, war, discrimination and exploitation. They have a passion to make the world a better place and the strength to be forces of good rather than victims of circumstance.

Throughout IISE's 11-month programme, participants develop all the necessary skills to succeed as social innovators/entrepreneurs. Workshops and hands-on practice in the areas of management, public speaking, communication, leadership, fund raising, budgeting, bookkeeping, project proposal writing, marketing, public relations, computing with open software technology, and others, give IISE's participants all the necessary tools to start their own social projects. All selected participants receive a full scholarship, including travel costs, accommodation and a high-end course by international experts.To ensure high quality training, IISE accommodates a maximum of 32 participants per academic year.

Programme

The programme is especially designed for future social entrepreneurs. It cannot be compared with post graduate study and previous formal education is not necessarily required. Participants who apply for this program have to be committed to a personal dream project for social change, and have the personality and creative ideas to make this happen.

The program is created in a way that participants:
- Who are 22 years of age or older from various countries, cultures, religions, socioeconomic and educational backgrounds can work, live and learn together.
- Learn methods, techniques and theories that are relevant to their own project implementations
- Learn about social entrepreneurship through various case studies, practical projects and internships
- Will have gained the necessary basic skills to be able to start their own projects once they leave the IISE.

A Journey in Five Acts

The 11 month course is mainly based on the experiences of the founders of Braille Without Borders and supported by professors of universities throughout Kerala, voluntary McKinsey consultants and other experts in the fields of social entrepreneurship, development work, business and arts.

The curriculum is divided into 3 major parts:
A) Prologue (3 weeks)
B) A journey in five acts (10 months and one week)
C) Alumni program (indefinite)

A) Prologue:
The prologue is substantial, not only as an introduction to the program but also as a phase in which participants and catalysts (facilitators) have a chance to get to know each other.
The focus of these first three weeks is on prevention of conflicts which could arise due to differences in cultural and religious backgrounds.

The general topics are:
- Cultural diversity with the objective of tolerating and appreciating cultural differences
- Introduction to receiving and giving feedback and listening and asserting with the objectives to create an IISE communicational code of conduct
- Assessments of useful skills such as Math, Finance, English (colloquial and written), and computer with the objective to bring everyone to an equal level.
- Introducing one's own dream project in a first dream speech, with the objective to start with the preparation for this particular social project

B) A Journey in Five Acts
The journey in five acts is designed to provide the participants with all the relevant skills and knowledge needed to start their dream social project. The entire training is conceptualised around practical, hands-on activities. The chosen case studies and the actual projects become more and more real from act to act.

ACT ONE
An imaginative case study: in 2010 it was the MALAIKA ISLANDS.

Participants are confronted with the problems and circumstances of an imaginative country. They are divided into teams that work on a 10 week case study. The teams are taught to solve problems and develop theoretical projects. The given problems are all based on real-life examples. While the participants work on their case study, they will be provided with the following methods:

- Defining the problem
- Conducting a needs study
- Analysing data
- Generating options for possible solutions
- Conceptualisation
- Writing project descriptions
- Financing a project
- Finding the right donors
- Writing project proposals

All the projects are evaluated by an external jury, consisting of governmental leaders, social entrepreneurs and activists, CEOs of local companies and industries as well as and business entrepreneurs.

While the participants work in teams on their case study, they are required to implement their gained knowledge into their own social dream project. The progress of the development of their social projects is regularly be monitored by the catalysts.

ACT TWO
‘Leadership and Change’ (overcoming cultural taboos)

While Act One is rather hands-on and very technical, Act Two focuses more on soft skills such as communication, leadership skills and awareness (social marketing).

The following skills are taught:
- Campaigning and creating awareness                       
- Conflict management
- Mediation/coaching
- Negotiation/debate
- Team management
- Time management
- Awareness and social change
- Leadership skills
- Theatre, drama, public speaking

The practical implementation exists of a social marketing plan and a self produced radio play/feature in order to raise awareness about unnecessary cultural taboos.

ACT THREE
‘Getting Real’

In Act Three participants have a chance to implement all acquired methods and soft skills into the formation and management of real projects in the district of Thiruvananthapuram.
These projects are run under the umbrella of Braille Without Borders but are co-designed and conceptualised by the different IISE generations.

The following projects already underway:
1. A preparatory school for the blind
2. A research and development centre where low-cost, high quality and high value aid products and software are being developed
3. A theme park in the dark; an awareness centre.
4. A community development program, to assist the neighbouring community

The objectives of this act are the following:
- The implementation of all learned techniques into a real project
- Seeing a real project grow and develop
- Acquiring experiences in the building phase of social projects.

The findings, concepts and action plans are evaluated by an external jury. The jury exists of business managers and the presentations are held in an off-campus location.

ACT FOUR
‘Exploring the Real World’

This act is reserved for an internship in which participants put their acquired methods and leadership skills into practice in an NGO or corporate setting. The hosting party is asked to define a project that the intern can implement within two months. The projects vary from awareness campaigns, development of programs and curricula, conducting needs studies to a fundraiser.

Objectives of this act:
- Finding a role in unfamiliar surroundings
- Understanding one's own strengths, weaknesses and areas for improvement
- Being fully responsible for execution of a given project

Participants are sent to their host organisations either alone or in pairs. Internships can be done all over India.

ACT FIVE
‘Back to the Dream’

Throughout the 11 month program, participants have implemented all the acquired skills into the design of their own projects.  Now it is time to finalise their portfolios and if possible, register their organisations. In addition supporters who are willing to commit to assist financially or through legal and organizational advice are found.

Objectives:
- Legalising and registering their social project
- Learning how to find and select a good team

During graduation, all portfolios are assessed by an external international jury. Participants hold a 15 minute public speech in which they explain their plan. Two grants are given to the most promising projects.

C) Alumni program
Though the graduates of the IISE have undergone intensive training in various skill sets which are essential to realise their social projects, it is important to offer guidance during the crucial period of the start-up phase.

The alumni program provides a platform to share each other's experiences, discuss problems and present possible solutions. Additionally, the IISE offers assistance especially for active graduates, by linking them to voluntary professional mentors.

This program contains of three different levels, which come with certain benefits and responsibilities:
1. Alumni program (a general forum for keeping in touch)
2. Fellowship program (A forum for graduates who are in the starting phase of their projects)
3. IISE ambassador network (a network for those who have achieved some success and can be seen as ambassadors for the International Institute for Social Entrepreneurs.)

The success of the IISE program can only be measured by those who go out into the world, realise their visions and create positive social change.