Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

Month: October 2023

Bloom’s taxonomy

In 1956, a team of cognitive psychologists from the University of Chicago published the first version of Bloom’s taxonomy. It is named after the committee’s chairman, Benjamin Bloom (1913–1999). The original taxonomy was organized into three domains: cognitive, affective, and psychomotor. Educators have primarily focused on the cognitive model, which includes six different classification levels: knowledge, comprehension, application, analysis, synthesis, and evaluation.

Blooms taxonomy educational pyramid diagram, vector illustration. Study stages and learning system. Remember, understand, apply, analyze, evaluate and create. Intellectual growth process info graphic.

Bloom’s taxonomy was developed to provide a common language for teachers to discuss and exchange learning and assessment methods. Specific learning outcomes can be derived from the taxonomy, though it is most commonly used to assess learning on a variety of cognitive levels.

  • Knowledge â€œinvolves the recall of specifics and universals, the recall of methods and processes, or the recall of a pattern, structure, or setting.”
  • Comprehension â€œrefers to a type of understanding or apprehension such that the individual knows what is being communicated and can make use of the material or idea being communicated without necessarily relating it to other material or seeing its fullest implications.”
  • Application refers to the “use of abstractions in particular and concrete situations.”
  • Analysis represents the “breakdown of a communication into its constituent elements or parts such that the relative hierarchy of ideas is made clear and/or the relations between ideas expressed are made explicit.”
  • Synthesis involves the “putting together of elements and parts so as to form a whole.”
  • Evaluation engenders “judgments about the value of material and methods for given purposes.”

The Revised Taxonomy (2001)

A Taxonomy for Teaching, Learning, and Assessment, a 2001 update to Bloom’s Taxonomy, was released by a team of cognitive psychologists, curriculum theorists, instructional researchers, and testing and assessment experts. This title alludes to a more dynamic understanding of classification and detracts from Bloom’s original title’s somewhat static notion of “educational objectives.”

By designating their categories and subcategories with verbs and gerunds (instead of the nouns of the original taxonomy), the authors of the revised taxonomy highlight this dynamism. The cognitive processes that thinkers use to encounter and process knowledge are described by these “action words.”.

How is Bloom’s Taxonomy used in the classroom?

Bloom’s Taxonomy is frequently employed as a more precise gauge of how well students assimilate and comprehend the material presented in the classroom. Students can demonstrate their understanding of a subject by answering questions about basic facts, outlining the main ideas and concepts at play, applying this knowledge, drawing comparisons and contrasts between the ideas, providing evidence for their claims, and producing original work.

What is Bloom’s Taxonomy and its purpose?

Bloom’s Taxonomy is an educational framework designed to assist teachers in determining the extent to which their students have grasped a specific subject. In order to help educators and researchers better understand how people, students in particular, acquire new skills, knowledge, and an overall understanding of educational objectives, Bloom’s Taxonomy was created.

Taxonomy in legal

The learner and the behaviors students display while they learn are the only subjects covered by the taxonomy. The Taxonomy gives legal educators a suitable foundation to use in all facets of the teaching-learning process since it defines a large portion of what legal education aims to accomplish in terms of the behavior of the learners. In order to ensure that we test for the kinds of behaviors that reflect the types and levels of learning we have established as our goals, this session will offer suggestions on how Bloom’s Taxonomy can be used to design objectives and goals for courses, structure individual classes, including the kinds of questions to use to determine the level of student learning.

Can a lawyer withholding information from a bail hearing?

case name: Gulab Singh Vs State of Haryana and Another

The Court reiterated that the law will come to the rescue of only those who come to it with clean hands and show their antecedents to be bona fide.

The Punjab and Haryana High Court recently imposed a cost of ₹1 lakh on a lawyer for concealing material facts while seeking bail a second time for his client in a murder case. Justice Sandeep Moudgil found that the lawyer had not made any mention of an undertaking given to the High Court that his client would surrender before the trial court. The accused client had also sought liberty to comply with such an undertaking while withdrawing his first bail plea.

As such, the Court called the second petition for anticipatory bail a “mischievous, malicious and contemptuous act”. It asserted that the law would come to the rescue of only those who come to Court with clean hands.

The accused, Gulab Singh had approached the Court for anticipatory bail in a case registered in 2021 at Haryana’s Karnal district.  In response to the Court’s query about the maintainability of a second bail plea, his counsel submitted that second anticipatory bail applications of two other co-accused were entertained by a co-ordinate bench and that interim protection was also granted to them.

The counsel representing the State, however, revealed before the Court that the petitioner had omitted to annex an earlier High Court order in which his undertaking to surrender before the authorities was recorded.

After perusing the record, the Court found that the accused had only made a reference to the withdrawal of his first bail application due to a pendency of a criminal revision plea, in which the proceedings before the trial court had been stayed.

The Court noted that the first bail plea was withdrawn only after the petitioners sought liberty to comply with an earlier undertaking to surrender before the trial court. This was not mentioned in the latest bail plea. Observing that a glaring attempt had been made to mislead the court, Justice Moudgil said,

“I am of the considered view that the second anticipatory bail application is not maintainable, and the petition not only deserves dismissal of the same, but exemplary costs need to be imposed so that no one could dare to take the courts for a ride.”

Accordingly, the Court asked the lawyer representing the petitioner to deposit ₹1 lakh with the Punjab and Haryana High Court Lawyers’ Welfare Fund.

Globalisation and Challenges to Legal Profession

The main challenge facing India’s legal and judicial systems is delivering justice to poor people. For the most part, people deprived of constitutional or legislative rights have little access to courts. With the cost of good-quality legal services escalating, the ability of common people to get effective, high-quality legal assistance and access to justice is diminishing, and the legal system is in danger of becoming further alienated from common people. New and innovative solutions are needed to ensure that common people have access to justice and that legal ideas and legal knowledge protect their interests. Increasing numbers of the best law graduates are moving to corporate law practice, and civil and criminal litigation at the local level is suffering from a serious dearth of adequately qualified legal professionals. It is therefore imperative that legal education prepare students with the aptitude, interest, commitment, skills, and knowledge necessary to work with socially excluded people and the poor at the local level to advance the cause of justice.

The Law Commission, in its 184th Report (2002) (Para 5.16), has pointed out that there are revolutionary changes that have come into legal education by reason of developments in information, communication, transport technologies, intellectual property, corporate law, cyber law, human rights, ADR, international business, comparative taxation laws, space laws, environmental laws, etc., and that “the very nature of law, legal institutions, and law practice are in the midst of a paradigm shift”.

Globalization has called upon the law to execute numerous responsibilities in society, and lawyers are expected to act as change agents and social engineers in governance and development. If law is a tool for social engineering and social
control, it should be studied in the social content. This means integrating law subjects with the social and behavioral sciences. This would enable the lawyer to solve problems in socially acceptable ways and assist in developing society.

The following objects of legal education can be cited for consideration:

1. Legal education should be able to meet the ever-growing demands of society and should be thoroughly equipped to cater to the complexities of different situations.

2. Legal education has an important role in directing and moderating social change. In this regard, it has to operate as the conscience-keeper of society.

3. Legal communication shall manifest higher moral values, maintain a high degree of competence and discipline, and ensure that no section of society is denied access to its services because of poverty or social status.

4. Legal education seeks to impart appropriate training, which should be made available through professionals.

5. Legal education is expected to inculcate law students with the operative legal rules, both substantive and procedural.

6. The prime object of legal education is to produce efficient lawyers.

7. Legal education must equip the student with the necessary theoretical and practical skills to deal with the diverse and expanding world of legal
practice.

Impact of Globalization

Globalization necessitates the development of a whole new class of reasonable lawyers. A modern lawyer should be a trade expert or an authority on the law, regardless of whether they practice criminal defense or corporate law. This is because specialized fields like project finance, mergers and acquisitions, and arbitrations are more industry-specific and less concerned with domestic laws. Trade specialists are increasingly leading transactions, and local, non-specialist lawyers are being reduced to supportive and consoling roles. It is becoming less common for jurisprudence corporations to employ interface lawyers, so legal professionals working for global buyers should be fluent in speaking and understanding foreign languages as well as international norms and usages.

The legal industry is dynamic due to globalization. Ten years ago, global law firms setting up shop in a new area would only oppose the foreign business ventures of domestic firms. Today, though, domestic law firms and comparable international firms compete with one another for local work because the local firms cannot compete on an equal footing. Consequently, local legal firms are gradually falling behind their international counterparts.

Consumer expectations are being rewritten by globalization. The buyers of today are even more discerning than those of the past, which forces legal firms to reconsider their standard operating procedures. The legal industry is significantly impacted by technology. Social media is changing the nature of client relationships, and data management systems are increasing consumer interactions while cutting costs. This shift in power is happening in favor of buyers thanks to these innovations. Global norms in professional liability, ethics, and equity policies have been adopted as a result of economic processes. To meet the needs of their global clientele and remain competitive in the global market, law firms are becoming more and more accustomed to operating on a global scale.

Legal firms are following the path of globalization by forming strategic alliances, making acquisitions, and merging with larger competitors. The growth of the internet, the automation of legal procedures, and new technological tools are what are fueling this economic upswing. In the upcoming years, as law corporations seek to increase their global footprints, economic processes have the potential to significantly alter the legal industry’s landscape.

The need for legal services is changing as a result of globalization in the developing nations of China, Brazil, and India. Since the 1990s, those economies have been gradually liberalized, which has resulted in significant foreign investment and privatization as well as the unleashing of an unprecedentedly competitive economic process. The crazed economic activity has increased demand for new laws, and since legal institutions value trade and competition authorities, investment securities laws, and investment associates in nursing, they would like to hire new attorneys. As a result, the corporate legal sector in these economies is made up of large law firms and highly developed in-house legal departments.

In an increasingly globalized world, the workforce is growing more and more multigenerational. As legal professionals work beyond their retirement age, four generations—traditionalists, baby boomers, generation X, and generation Y—coexist in the workplace. The legal firms were able to achieve the organization’s commonwealth by utilizing the energies of this diverse workforce.

Virtual legal practices are becoming the standard. With the use of mobile devices and internet technology, attorneys can now practice remotely from their homes or from a virtual law office. Flexible working hours and a better work-life balance for attorneys are two benefits of virtual law offices. Furthermore, because of the advantages of the virtual world, buyers can access professional legal services from anywhere on the globe. By establishing offshore operations in reasonably priced locations, large law firms can increase flexibility, lower costs, and expand their capabilities through business process outsourcing, or LPO.

The rules of the game have changed as a result of globalization, and the legal sector now has to consider where it has come from and where it is going as it gets ready for a world that is becoming more and more interconnected. Different legal systems in different nations were able to share knowledge and develop laws and institutional changes that were required.

A half-century ago, the idea was that law schools should produce graduates who would mostly practice law again, with a small number going on to become law professors. The Advocates Act of 1961 was passed with the same goal in mind—that is, to establish minimum requirements for entering the legal system as skilled practitioners, as previously mentioned. However, the entire idea of legal education has evolved over this century, most notably with the passage of the Easement Act in 1991.

Legal education should now fulfill the demands of globalization as well as the requirements of the bar and the new demands of trade, commerce, and business. Legal education now includes new topics with global implications. Due to multibillion-dollar investments made in these developing economies, business activity has expanded greatly.

This has gradually given lawyers more opportunities overall. The additional roles that are envisioned in the modified scenario include those of policy planner, business advisor, interest group negotiator, professional in idea articulation and communication, mediator, lobbyist, law reformer, and so forth. These positions require specialized knowledge and abilities that are remarkably unavailable in the current field.

That is to say, in addition to science courses, a long-term legal studies program needs to provide a comprehensive understanding of the full range of physical and scientific discipline subjects on which current legal policies are being developed. The public’s opinion of lawyers is also impacted by the fact that, as was already mentioned, they do not have a positive self-image due to their diverse roles.

Justice must take center stage in legal education, and community-based learning must provide the necessary value system for the development of lawyers. To use a recent example, let’s say that young law students who traveled to Gujarat’s earthquake-affected districts in an effort to provide legal assistance to victims returned home with impressions and experiences that undoubtedly shaped their career paths and perspectives on justice.

The argument put forth here is that a professional education should be infused with a work ethic, and the best way to do so is to demonstrate to students how learning the law connects to real-world experiences that demand justice. If the profession is to be saved from the practitioners themselves, then educational scrutiny should be directed towards the politics of legal education and, consequently, the social science of legal practice.

Conclusion

A revolution in international trade was brought about by globalization, as more countries participated and gained entry to their own economies. Both quantitative and qualitative implications have resulted from the equal at the felony provider quarter. The last ten years have seen a mini-revolution in the criminal justice system, with the greatest impact on corporate criminal activity. Prior to the 1990s, little was known about challenge financing, intellectual property protection, environmental protection, opposition regulation, business taxation, infrastructure contracts, business governance, and funding regulation. There are increasingly few law firms capable of handling these kinds of cases.

There has been an extreme lack of professional providers in the criminal justice system. Law firms’, real estate companies’, and individual attorneys’ knowledge of providing criminal services in business quarters has increased significantly over the past few years.

Legal Education in India

The concept of dharma in the Vedic period, can be seen as the concept of the legal education in India. Although there is no record of formal training in law, the dispensation of justice was to be done by the king on the basis of acquired training. Justice was also administered by the King through his appointees who in turn were persons of known integrity and reputation of being fair and impartial. The guiding force for the King or his appointee was the upholding of the Dharma.


In modern India legal education came in to existence in 1885. Numerous committees were foamed to consider and propose reforms in legal education. Constitution of India basically laid down the duty of imparting legal education. Advocates’ Act, of 1961, which brought uniformity in legal system. In the changed scenario the additional roles envisaged are that of policy planner, business advisor, negotiator of any interested groups etc. In the Era of Globalisation legal system in India include catering the needs of new brand consumers or clients namely foreign companies, collaborators etc. Strengthening our legal education system is need to face the new challenges. Imparting of legal education has always been considered as one to the noblest profession. Legal education which is part of general education cannot be viewed in isolation. Today, legal education derives its impetus from the economic, social and economic and political set up of the society.

Importance of Legal Education


Globalization has called upon the law to execute numerous responsibilities in society and lawyers are expected to act as change agents and social engineers in governance and development. If law is a tool for social engineering and social control, it should be studied in the social content. This means integrating law subjects with social and behavioural sciences. This would enable the lawyer to solve problems in socially acceptable ways and assist in developing public. The following objects of legal education can be cited for consideration:

1.The legal education should be able to meet ever-growing demands of the society and should be thoroughly equipped to cater to the complexities of the different situations.

2.Legal education has an important role in directing and moderating social change. In this regard it has to operate as conscience-keeper of society.

3. Legal communication shall manifest higher moral values; shall maintain high degree of competence discipline and ensure that no section of society is denied of access to its services because of poverty or social status.

4. Legal education seeks to impart appropriate training, which should be made available through professionals.

5. Legal education is expected to inculcate law students with the operative legal rules both substantive and procedural.

6. The prime object of the legal education is to produce efficient lawyers.

7. Legal education must equip the student with the necessary theoretical and practical skills to deal with the diverse and expanding world of legal practice.

Lacunae in Present Legal Education :

There are various lacunae in present system of imparting legal education which considerably impaired movement of building new generation of efficient lawyers, teachers for India. These are:

  1. There is no separate law university in all the states to govern the educational institutions.
  2. The law institutions are presently affiliated to general universities which already have loads of burden of different faculties like Art, Science and Commerce colleges. This caused adverse impact on the curriculum, syllabi etc. and of course, on the development of legal education.
  3. Mushroom growth of private non-granted law colleges is seen everywhere and they are ill equipped. Only part-time teachers are manned in such institutions.
  4. The vacancies of permanent teachers are not filled up perhaps due to lack of qualified candidates and of course, due to mal-practices in recruitment process.
  5. If a person has nothing to do, they join law course this is the situation of admission in legal education today.
  6. The students of present generation are having ambition to become doctor or engineer, but they do not want to be a lawyer or law teacher. It means legal education is unable to attract these students. This deficiency can be worked out by offering job opportunity to students.
  7. Some colleges adopted regional language as medium of instruction and examination. There will be conveyance of regional language to students but there will not be uniformity in legal education. Diversified legal education may cause deficiency.
  8. As traditional teaching methods are still used in class-rooms, legal education does not attract students to come and sit in class-rooms.
  9. Attendance ratio is considerably poor in some educational institutions.
  10. Traditional talk and chalk method of teaching is still adopted in majority of law colleges for teaching. The teachers are not still motivated to use modern technologies like computer, projector, discussion method etc while teaching. The product of such traditional system of education will not be able to cope-up the problems of present IT age. Therefore students learn traditional skills and knowledge. But the modern IT age needs a lawyer with diversified skills and multi-tasking abilities which the traditional curriculum and syllabi do not provide.
  11. There is no proper clinical (practical) knowledge to students of rural law colleges. They are getting the theoretical knowledge of advocacy.
  12. The student of some reputed law school use to assist judges, leading practitioners as their curriculum provides for such assistance. Therefore those students acquire all the potentials of advocacy which the rural student is not acquiring.
  13. No internship in law profession as it is in medical profession. It was in India for three years then it was withdrawn after Hon. Supreme Court decision.

The Challenging Relationship Between Mental Illness And The Death Penalty

Decisions made in the criminal justice system are final, and the consequences affect us for the rest of our lives. The conversation and debate surrounding the death penalty are anything but simple. When mental illness is included, this already complex situation becomes even more discussed globally, raising ethical, legal, and humanitarian concerns. What should happen when someone who has committed a horrifying crime also has mental health issues? is one particularly challenging question that comes up.

They could be dealing with an issue related to acute severe depression, bipolar disorder, or schizophrenia. It appears as though they are fighting the law and their minds at the same time. People with mental illnesses are more likely to die as a result of unjust punishments. The death penalty is a categorically prohibited by the international law for those with mental illnesses. Nevertheless, many nations still allow these kinds of executions in spite of this condemnation. Additionally, it becomes a critical and difficult concern for the defendant to comprehend and understand the implications of the connection between their crime and the subsequent punishment. The defendant finds it challenging to draw a logical link between his offense and the sentence given.

UNDERSTANDING MENTAL ILLNESS

Mental illness is described as a disorder “that disrupts a person’s thinking, feeling, mood, ability to relate to others, and daily functioning” by the National Alliance on Mental Illness (USA).(Source: ) Mental illness is a broad category that includes conditions like depression, bipolar disorder, and schizophrenia. It can have a significant impact on a person’s capacity to think clearly, feel emotionally stable, make decisions, and comprehend human behavior and our perception of it. When talking about mental illness and the death penalty, we want to talk about how it can affect a person’s ability to understand and take part in their legal proceedings, as well as their ability to defend themselves in court.

More than sixty percent of those who receive death sentences have some form of mental illness, and the longer they wait to be executed, the worse their mental state gets, according to a survey. Mental illness should be taken into consideration when determining whether someone is guilty, how they should be punished, and whether the death penalty should even be used, according to proponents of a more nuanced approach to the death penalty and its effects. Three conditions can lead to mental health issues: (a) a pre-existing mental illness or disability; (b) a mental illness or disability that develops while a person is on death row; and (c) the mental suffering brought on by waiting.

ETHICAL DIMENSIONS OF MENTAL HEALTH AND DEATH ROW

We must focus on ethical conundrums and aspects of mental health in order to better comprehend the complexities surrounding mental health and its relationship to the death penalty. Not only is it a legal conundrum, but it’s also an ethical one, requiring that justice be done properly and that due process doesn’t injure any innocent people. When discussing mental illness, the following are the main moral concerns that constantly cross our minds:

Why All Lives Are Important: Whether it is ever acceptable for a society to take someone’s life, even after they have committed a heinous crime, is one of the fundamental questions we debate. This is a highly ethical matter as well as a legal one. Determining the value of each human life is crucial, even in the face of horrific crimes that occur on a daily basis. Whether it is truly humane to put someone to death who has a mental illness and is unable to judge what is right or wrong adds another layer of complexity to this argument.

Balancing Compassion and Fairness: We also wrestle with questions of compassion and treating people with respect, even when they’ve done wrong or something offensive and heinous to mankind. Is it fair to execute someone who might not really understand what they did or further be the judge of the level of crime they have committed because of their mental illness? These ethical questions force us to balance our sense of justice with our sense of humanity.

Responsibility and Mental Illness: Another big question is about blame. Should we hold someone with a serious mental illness as responsible for their actions as we would someone who doesn’t have that illness? It’s really hard to decide where to draw the line between responsibility and understanding for those who are truly mentally ill.

LEGAL FRAMEWORK AND COMPLEXITIES

The legal complexities of mental illness and how it can significantly impact the death penalty are a persistent source of struggle for legislators, courts, and legal professionals. They frequently attempt to maintain the rule of law and ensure that justice is done in all circumstances while also respecting the rights of those who suffer from mental illnesses and the dignity of those who are impacted or victims.

Competency to Stand Trial: Determining a defendant’s competency to stand trial is a difficult task for courts. The legal system has to ascertain whether the accused person understands the allegations against them and is capable of providing a strong defense on their own. This determination may be clouded by mental illness, creating complex legal issues..

The Insanity Defence: The insanity defense is recognized by the law, enabling defendants with serious mental illnesses to enter a not guilty plea. The application of this defence, however, can be controversial and its criteria are very different, which adds legal complexities to an already complicated situation. The following are the ways that insanity impacts a capital case::

  1. When, at the time of the commission of the offence, the defendant is insane, he can be found ‘not guilty’ on the grounds of insanity and institutionalized.
  2. For periods where the defendant is insane or not in his senses, the trial should be suspended until the defendant gains competency.

Execution of the Mentally Ill: Legal challenges vary among jurisdictions regarding the definition of mental illness, including who is eligible for the death penalty and the extent to which mental illness should be considered a mitigating factor. Legal ambiguity and various application inconsistencies result from this.

International Human Rights Obligations: International human rights treaties that forbid the execution of people with serious mental illnesses are ratified by many countries. Complying with domestic laws while maintaining these obligations presents a legal challenge that needs to be carefully considered.

Legal Representation: Further, ensuring that individuals with mental illnesses have competent legal representation throughout the legal process is essential. They may require specialized advocacy to address their unique circumstances, further adding complexity to the legal landscape.

Inadequate legal representation raises the possibility of erroneous convictions in the future. One of the most serious issues relating to the death penalty and mental illness is this. The death penalty for a person suffering from a severe mental illness presents important moral issues of fairness and compassion. The possibility of irreversible consequences is made all the more worrisome by the possibility of forced confessions, shaky witness testimony, and a lack of understanding of their legal rights.

JUDICIAL FRAMEWORK OF MENTAL HEALTH AND DEATH ROW IN INDIA

Comprehending the legal system involves more than just adhering to rules and guidelines. Additionally, it concerns ensuring that each person’s rights and dignity are upheld and safeguarded, even in the face of the gravest repercussions. When it comes to handling patients with mental illness and the death penalty, the Indian legal system has undergone a significant shift. It is a difficult but not impossible task to strike a balance between justice and compassion within the bounds of the law.

Yakub Memon v. State of Maharashtra (2015) 9 SCC 352, In this case, Yakub Memon was convicted for his involvement in the 1993 Bombay bombings. His case received significant attention due to debates over his mental health at the time of his execution. The Supreme Court of India held a late-night hearing to decide on his last-minute appeal, which raised questions about procedural fairness and the consideration of mental health issues in death penalty cases.

X v. State of Maharashtra (2019)7SCC1: In this landmark judgment the identity of the defendant is hidden so as to maintain and respect his privacy. The Hon’ble Supreme Court held that post-conviction severe mental illness would be a mitigating factor for commuting the death sentence. The Court laid down a ‘test of severity’ which posits that the mental illness should be so severe that the prisoner is unable to “understand or comprehend the nature and purpose behind the imposition of such punishment”.

The cases mentioned above highlight the evolving jurisprudence in India concerning mental health and the death penalty and how mental health is getting recognized now. They underscore the importance of considering mental health as a factor in sentencing, ensuring fair legal procedures, and recognizing the potential mental anguish faced by individuals on death row.

DIRECTIONS LAID DOWN BY THE SUPREME COURT TO PREVENT MISUSE

To prevent misuse of the defence of mental illness and get out of any crime unscathed even when you are not suffering from the same. The Hon’ble Supreme Court has said that the “burden will be on the accused to prove “by a preponderance of clear evidence” that he is suffering from severe mental illness.” This historic verdict by the Hon’ble Supreme Court had given the ray of hope to people suffering from mental illness and post-conviction mental illness.

Furthermore, Before 2019, Indian death penalty jurisprudence was not clear about how courts would consider the question of mental illness, which developed post-conviction. In Accused X v State of Maharashtra (2019) 7 SCC 1, the Hon’ble Supreme Court held that post-conviction severe mental illness would be a mitigating factor for commuting the death sentence. The Court laid down a ‘test of severity’ which posits that the mental illness should be so severe that the prisoner is unable to “understand or comprehend the nature and purpose behind the imposition of such punishment”. The test of severity is passed will become the mitigating factor. A medical professional would have to consider the illness to be “most serious,” approving that the person was incapable of understanding the nature or purpose behind the imposition of the death penalty.

HOW IT AFFECTS THE SOCIETY?

The issue of the death penalty and mental health, when intertwined, have a huge effect on our society. Death punishment serves as a deterrent and a “response to the society’s call for appropriate punishment in appropriate cases”. How should we treat people with mental health problems becomes one of the big questions of society while dealing with something as severe as death for a heinous crime committed, but what if the person that committed the crime couldn’t understand the severe and dire consequences of what they are doing and the culpability of the same.

Families of victims and defendants alike bear the emotional and financial weight of the toll death row has on them. Cases involving death row and mental health can shape the opinion of society at a large scale and affect the same in the process. They can lead to protests, inspire advocacy for policy changes, or ignite movements for or against the death penalty.

CONCLUSION

We must be more watchful and knowledgeable about the mental health facilities used by prisoners and how they may impact the death row sentences generally. Mental health can suffer greatly from the court system and prison life. Our mental health care systems may be impacted if prisoners require specialized service care. Achieving a delicate equilibrium between the legal intricacies of competency, insanity defenses, and international obligations, and the ethical considerations of compassion, dignity, and moral responsibility tests the fundamental principles of our legal systems. These nuanced conversations ultimately beg us to critically examine our conceptions of justice and our dedication to sustaining it, particularly in light of the nuanced reality of mental illness in relation to the death penalty.

Redesigning judicial addresses to use “Sir” instead of “Lordship”

Titles like “Lordship” have the potential to unintentionally foster a hierarchy in the courtroom, giving judges the impression that they are superior to ordinary citizens.

There has long been discussion and controversy surrounding the custom of addressing judges in courtrooms. Although some jurisdictions continue to refer to judges by the antiquated term “Lordship,” there is growing agreement that addressing judges as “Sir” or “Madam” is more appropriate in today’s world.

In a recent instance, during a proceeding before the Supreme Court, Chief Justice of India DY Chandrachud encountered a lawyer who initially employed the address “Sir” instead of the more customary “Your Lordship.” Recognizing the deviation, the lawyer expeditiously rectified his statement by reverting to “Your Lordship.” To the surprise of some, Chief Justice Chandrachud, rather than adhering to conventional practice, lauded the use of “Sir” and expressed his appreciation for the lawyer’s preference. The lawyer, in response, elucidated that his corporate background had conditioned him to use “Sir,” but he subsequently reverted to the customary address of “Your Lordship.”

The practice of addressing judges as “My Lord” or “Your Lordship” in India has historical roots dating back to the British colonial era. During British rule, the British legal system was established in India, and British traditions and forms of address were integrated into the Indian judicial system. After gaining independence in 1947, India continued many of the legal traditions inherited from the British colonial era, including the practice of addressing judges as “My Lord” or “Your Lordship.” This tradition persisted as a mark of respect for the judiciary and as a symbol of continuity with the legal system established during British rule.

Over the years, there have been debates and discussions about whether this practice should be modernized or replaced with more contemporary and gender-neutral forms of address. Some argue that using titles like “Lordship” creates a perception of hierarchy within the courtroom, while others contend that it upholds tradition and maintains the dignity of the judiciary.

In 2006, the Bar Council of India (BCI) Rules underwent an amendment with the primary objective of instituting uniform standards of professional decorum for lawyers across the nation. This amendment mandated that lawyers should employ either “Your Honour” or “Your Lordship” when addressing judges of High Courts and the Supreme Court.

Furthermore, within the BCI Rules Governing Advocates, a new Chapter IIIA was incorporated through a gazette notification in May 2006. This chapter underscored the significance of maintaining a respectful demeanor toward the court and upholding the dignity of the judicial office. It delineated that in the Supreme Court and High Courts, lawyers were obliged to utilize the titles “Your Honour” or “Hon’ble Court”. In contrast, when appearing before subordinate courts and tribunals, lawyers were provided the option to employ the more colloquial address of “Sir” or its regional language equivalent.

In 2014, lawyer Shiv Sagar Tiwari filed a petition before the Supreme Court, seeking the imposition of a consistent standard for addressing judges across all courts in the nation, encompassing both the higher judiciary and the subordinate ranks. Drawing upon the 2006 BCI Rules that prescribed uniform guidelines, Tiwari contended that the customary practice of addressing judges in the Supreme Court and High Courts as “My Lord” and “Your Lordship” should be discontinued.

The apex court, however, refrained from issuing any directive in this regard, opting instead to vest the discretion of address with the lawyers themselves. Nevertheless, it appended a proviso that any mode of addressing the judges must be conducted with an unwavering commitment to preserving the standards of dignity and respect.

However, in 2021, Shrikant Prasad, a law student, submitted a public interest plea to Chief Justice of India Sharad Arvind Bobde, who was sitting atop a panel of three justices. Chief Justice Bobde made it clear during this hearing that justices of the Indian Supreme Court are not to be addressed as “Your Honour.” He stressed that this title was more appropriate for judges serving on our country’s Supreme Court or for magistrates.

The usage of the term “Lordship” invokes associations with a bygone feudal era, where titles and nobility exerted a considerable influence on societal structures. Within modern democratic contexts, where the rule of law and meritocracy are cherished values, these feudal connotations seem anachronistic and incongruous. By substituting “Sir” for these historical titles, we dispense with these antiquated associations and accentuate the contemporary and democratic character of our legal systems.

Judges can be respectfully addressed as “Sir” while maintaining their dignity and avoiding unduly elevating them above the ordinary. It acknowledges their contribution to the administration of justice as well as the depth of legal knowledge they bring to their roles. In addition, it enables everyone who appears in court to approach the legal system with respect and equality, regardless of their background.

Another significant factor is that addressing judges as “Sir” is gender-neutral. Gender-based divisions were unnecessary when male judges were referred to as “Lordship” and female judges as “Ladyship”. In an era where gender equality is being pushed as the main social objective, using a singular, gender-neutral term like “Sir” is inclusive and appropriate.

Right to vote a fundamental right

[Thounaojam Shyamkumar vs. Lourembam Sanjoy Singh]

The Court also observed that the voter’s right to know the antecedents, including the criminal past of the candidate contesting the election for MP or MLA, is much more fundamental and basic for the survival of democracy.

In a judgment which could have serious impact in the arena of voting and election rights, the Manipur High Court recently held that casting of votes is a part of the voter’s right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India 

Justice MV Muralidaran, who was recently transferred to the Calcutta High Court, made the observation in a decision dated October 13 in the context of a voter’s right to know about an electoral candidate’s criminal antecedents.

“Article 19(1)(a) of the Constitution of India provides for freedom of speech and expression. Voters’ speech or expression in case of election would include the casting of votes, that is to say, voter speaks out or expresses by casting a vote,” the Court said.

It added that the voter’s right to know the antecedents, including the criminal past, of the candidate contesting the election for MP or MLA is much more fundamental and basic for the survival of democracy.

“The voter may think before making his choice of electing law breakers as law makers,” Justice Muralidaran, who was acting Chief Justice at the time of the decision, said.

The Court made the observations while rejecting Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Thounaojam Shyamkumar’s petitions for dismissal of his election from Andro Assembly Constituency during the 2022 Legislative Assembly Election.

The legal character of the right to vote has been a subject of debate since the inception of the Constitution.

It has, up until now, not been recognized as a fundamental right but has mostly been restricted as a legal or statutory right by various judicial pronouncements.

Interestingly, Justice Ajay Rastogi, in a Constitution Bench judgment in Anoop Baranwal Vs. Union of India earlier this year in his separate but concurring opinion said that right to vote is a fundamental right.

“The right to vote is an expression of the choice of the citizen, which is a fundamental right under Article 19(1)(a). The right to vote is a part of a citizen’s life as it is their indispensable tool to shape their own destinies by choosing the government they want. In that sense, it is a reflection of Article 21,” the then Supreme Court Judge said. 

However, in the same judgment, the majority led by Justice KM Joseph chose not to “finally pronounce” on this aspect, while taking into account the view taken by an earlier Constitution Bench in Kuldip Nayar and others Vs. Union of India and others.

In Kuldip Nayar, the top court had rejected the view that â€œright to  vote is a constitutional right besides that it is also a facet of  fundamental right under Article 19(1)(a) of the Constitution.” 

However, a division bench of the Supreme Court later in July this year described as paradoxical the fact that the right to vote has not been recognised as a fundamental right in India, despite democracy being an essential facet of the Constitution.

“Democracy has been held to be one of the essential features of the Constitution. Yet, somewhat paradoxically, the right to vote has not been recognized as a fundamental right yet; it was termed a “mere” statutory right.”

Present Case

Shyamkumar’s election was challenged by the runner-up candidate, Lourembam Sanjoy Singh, and his brother, Lourembam Sanjit Singh, on the ground of non-disclosure of information regarding the pendency of a criminal case against him.

The petition also alleged improper declaration of information regarding Shyamkumar’s wife’s non-agricultural land. 

After hearing the parties, the Court observed that whether the case said to have been registered against Shyamkumar was deliberately omitted from the FORM-26 at time of filing of nomination papers has to be decided during the trial. 

“At this stage, this Court cannot come to the conclusion that since the investigation is pending, it is not necessary to mention it in the Form-26 affidavit,” it said.

The Court made a similar observation with regard to the mention of non-agricultural land and agricultural land in the relevant columns.

“Whether the alleged false affidavit would amount to a violation of the provisions of Section 33 of the RP Act so as to render the election of the first respondent void is to be considered by the Court in the course of trial,” Justice Muralidharan opined.

Rejecting the MLA’s petitions, the Court concluded that it cannot be said that election petitions against him do not contain a concise statement of material facts.

“In fact, the election petitions disclose cause of action,” the Court said.

It further observed that an election vitiated by reason of corrupt practices, illegalities, and irregularities as mentioned in Sections 100 and 123 of the Representation of People Act cannot obviously be recognized and respected as the decision of the majority of the electorate.

Observing that the courts are duty bound to examine such allegations, the bench said they cannot be “unduly hyper-technical” in their approach and oblivious of the ground realities.

Malice

Malice is a term with many meanings. Firstly, it is often used to mean spitefully or with ill will. Like other motives, malice in this sense is invariably irrelevant in the Law of Torts and, therefore, is not essential to the maintenance of an action for tort.
Bradford Corporation v. Pickles Mr. Pickles was annoyed at the Bradford Corporation’s refusal to purchase some land from him at the inflated price he demanded. In order to force their hand, he sank a shaft on his land, which interfered with water percolating from higher land belonging to the Corporation.

The corporation unsuccessfully sought an injunction to restrain him from polluting and diminishing their water. The House of Lords rejected the claim, Lord McNaughton remarking that “It is the act, not the motive for the act, that must be regarded. If the act, apart from motive, gives rise merely to damage without legal injury, the motive, however reprehensible it may be, will not supply that element.”
In this first sense, malice is occasionally relevant as a necessary element required to establish the defendant’s liability, e.g., to rebut the defense of qualified privilege in libel or slander.
Malice has a second meaning. In this legal sense, malice means the intentional commission of an act with an improper motive. This is much wider than the layman’s use of the word malice. Malice is usually used in this sense in the few contexts in which it is relevant in tort.

For instance, malice is defined as any motive other than merely starting a prosecution to bring a person to justice in the tort of malicious prosecution.
Sometimes malice is used in it archaic sense to mean simply an intentional performance of a tortuous act. It is in this sense that pleaders in libel and slander actions traditionally allege that the defendant “falsely and maliciously…” In fact, this means merely that the defendant’s publication of the defamatory matter was either intentional or negligent.
Malice in this sense would appear to be a confusing and unhelpful use of the word and, hence, should be avoided.

Malice in Fact and Malice in Law

It is of two kinds:’malice in fact’ (or express malice or actual malice) and’malice in law’ (or implied malice).

MALICE IN LAW

In the legal sense, malice means intentional wrongdoing. Any wrongful act done with intentions is known as malice in law. It doesn’t justify any act done with evil or improper motives. Still, it simply explains that “a wrongful act done internationally without justification or excuse .” it is the conduct done intentionally with any cause. We can also call it implied malice.

CASE LAWS

In Melia v. Neate, (1863) 3 F & F at p. 763, Baron Bramwell said that malice in law is a kind of “disinterested malevolence.” The idea of giving injury without just cause or excuse is malice in law

In shearer v. shields, 1914 A.C. 808, at 813,

Viscount Haldane described the law as “an individual who inflicts an injury to another individual in contravention of the law is not allowed to say that he did it with an innocent mind. He must act within the law, or he must have knowledge of the law. He will be guilty of the malice of law; although his state of mind is concerned so far, he acts innocently”.

MALICE IN FACT

In a wider sense, malice, in fact, means any wrongful conduct with an evil motive. When a defendant acts wrongful with the feeling of spite or ill-will, it is said to be done ‘maliciously.’

Motive means the eventual reason for the conduct. Motive is different from intention, which relates to wrongful conduct itself. For example, a person intends to commit theft, but the motive of the theft is to buy food or to help someone.

A wrongful act doesn’t become lawful just because the motive for the act was good. Similarly, a legal act doesn’t become wrongful because of an evil motive.

CASE LAWS

In Bromage v. prosser, 1825 4 B. and C. 247

Bayley, j. called malice, in fact, an ill will against any person, which was later called a vindictive feeling.

In Bradford corporation h. pickles, 1895 AC C. 587

The defendant excavated his own land, resulting in the water flowing in unknown channels from his lands to adjoining lands being discolored. It was done with the defendant’s motive to pressure the plaintiff to purchase the defendant’s land at a high price. In this case, the damage has been done by the defendant, and at the same time, he was making lawful use of land. Thus, it was held that the defendant was not liable.

DOCTRINE OF TRANSFERRED MALICE

The doctrine of transferred malice is not defined anywhere in the Indian Penal Code, but the essentials are given under Section 301 of the Indian Penal Code.

According to Section 301 of the Indian penal code,” if a person does any act which he knows or intends that is likely to cause death, he commits culpable homicide, and by causing the death of any person, whose death he neither intends to nor knows by himself that his act will cause the death of that person.”

Culpable homicide here means that the person had the intention and knowledge to kill someone, but instead, he killed someone else.

For instance, ‘A’ intends to kill ‘B’ but kills ‘D’ instead of ‘B .’Thus, he will be guilty of killing ‘D .’The doctrine of transferred malice is applied here.

EXCEPTION OF THE RULE

In some defamation cases, motive becomes relevant when qualified privilege is pleaded as a defense. This defense is available in the publications made in good faith. The presence of an evil motive negatives good faith, and the defendant can’t avoid his liability. Malice may result in aggravation of damages.

One of the elements that must be demonstrated by the plaintiff in torts of deceit, conspiracy, and malicious prosecution is on the defendant’s part. Causing personal discomfort by unlawful motive may turn a lawful act into a nuisance

CONCLUSION

In simple words, malice is wrongful conduct or wrongdoing done with a bad intention. One can’t save himself from his crime, which includes under section 301 of the Indian penal code. Transferring malice in the Indian penal code has punishments.

consumerism

Consumerism is the idea that increasing the consumption of goods and services purchased in the market is always a desirable goal and that a person’s well-being and happiness depend fundamentally on obtaining consumer goods and material possessions. Consumerism can be defined as a psycho-social expression of the intersection between the structural and the individual within the realm of consumption (the process of consuming things). The consuming experience is psychosocial in the sense that it represents a bridge that links the individual and society.

  • Consumerism is the theory that individuals who consume goods and services in large quantities will be better off.
  • Some economists believe that consumer spending stimulates production and economic growth.
  • Economists view consumption as fulfilling biological needs and wants based on maximizing utility.
  • Sociologists instead view consumption as additionally about fulfilling socially-inscribed needs and wants via symbolic transactions.
  • Hyper-consumerism has been widely criticized for its economic, social, environmental, and psychological consequences.

In the good olden days, the principle of caveat emptor’, which meant buyer beware, governed the relationship between the seller and the buyer. In the era of open markets, buyer and seller came face  to  face,  seller exhibited his  goods,  buyer thoroughly examined them, and then purchased them. It was assumed that he would use all care and skill while entering into transactions.

The maxim relieved the seller of the obligation to make disclosures about the quality of the product. In addition, the personal relationship between the buyer and the seller was one of the major factors in their relationship. But with the growth of trade and globalization, the rule no longer holds true. Nowadays, most transactions are completed via correspondence, and it is impossible for the buyer to inspect the goods in person. Further, on account of the complex structure of modern goods, it is only the producer or seller who can assure the quality of the goods. With manufacturing activity becoming more organized, the producers and sellers are becoming stronger and more organized, whereas the buyers are still weak and unorganized. In the age of revolutionized information technology and with the emergence of e-commerce-related innovations, consumers are further deprived to a great extent. As a result, buyers are being misled, duped, and deceived day in and day out.

 Mahatma Gandhi, the father of the nation, attached great importance to what he described as the “poor consumer”, who, according to him, should be the principal beneficiary of the consumer movement. He said, “A consumer is the most important visitor on our premises. He is not dependent on us; we are dependent on him. He is not an interruption to our work; he is the purpose of it. We are not doing a favour to a consumer by giving him an opportunity. He is doing us a favour by giving us the opportunity to serve him.”

In spite of these views, consumerism is still in its infancy in our country, thanks to the seller market and the government monopoly on most services. Consumer awareness is low due to the apathy and lack of education among the masses. No one has told them about their rights—to be informed about product quality, price, protection against unsafe products, access to variety of goods at competitive prices, consumer education, etc. What consumerism lacks here is education and information resources, testing facilities, competent leadership, price control mechanisms, and adequate quasi-judicial machinery. The providers of goods and services have been reluctant to give due consideration to consumer interest protection.

OBJECTIVES OF CONSUMERISM

“Consumerism” is also used to refer to the consumerist movement, consumer protection, or consumer activism, which seeks to protect and inform consumers by requiring such practices as honest packaging and advertising, product guarantees, and improved safety standards. In this sense, it is a movement or a set of policies aimed at regulating the products, services, methods, and standards of manufacturers, sellers, and advertisers in the interests of the buyer.

To enforce the rights of people as consumers against exploitation like poor quality, over charging, etc.

To ensure fair trade practices in society.

To ensure the avoidance of unrestricted trade practices.

To ensure cooperation between the government and producers.

To create a self-help support system where consumers voluntarily form an association for their self-protection.

To build the confidence of MNC’s in investing in developing countries.

To create healthy competition among producers.

To promote consumer organizations in society like the Consumer Guidance Society of India.

To build the confidence of international organizations like the United Nations by passing the Consumer Protection Act of 1986 according to their guidelines.

To introduce the consumer to remedial organisations like consumer courts, forums, commissions, etc.

Needs And Reasons

The need for strong consumerism in our country is due to the following reasons:

1. In a vast country like India, it is very difficult to organize the consumers. The people, besides being backward, have linguistic, cultural, and religious differences, which makes the problems quite intricate or complex.
2. The majority of our population is illiterate, uneducated, ignorant, and ill-informed.
3. Poverty, lack of social awareness, accepting life as it is, and a passive outlook are some of the factors that make consumer movement difficult to increase.
4. There may not be a positive common objective for the consumers except their desire for safe, quality products at a reasonable price and a feeling of strong negative reactions against the products. In the wake of mass production and the abundance and choice at their disposal, consumers require guidance—guidance that can only be adequately provided by a consumer organization.

5. The advertisement bombarded on the consumers make them quite confused and hence again a need for consumer guidance

Consumer’s Rights And Responsibilities

Consumer’s Rights
Consumer rights are now an integral part of our lives like a consumerist way of life. They have been well documented and much talked about. We have all made use of them at some point in our daily lives. Market resources and influences are growing by the day and so is the awareness of one’s consumer rights. These rights are well-defined and there are agencies like the government, consumer courts and voluntary organisations that work towards safeguarding them. While we all like to know about our rights and make full use of them, consumer responsibility is an area which is still not demarcated. In this chapter, I will give an overview of the 8 consumer rights, their implications and significance for a developing country like India, and also define the various aspects of consumer responsibility.

In the 20th century, the presence and influence of the market grew dramatically in consumer life. We began to purchase things from the market for a price. Soon, mass production and industrial production came into being, giving the consumer world an entirely new dimension. Have you ever wondered how much urban consumers depend on the market for fulfilment of even their basic needs? This over-dependence on the market and the inherent profit motive in mass production and sales has given manufacturers and dealers a good reason to exploit consumers. As a consumer, every one should know how market products are constantly under-weight, of inferior quality and do not prescribe to quality standards specified by quality-control agencies. Consumers not only do not get value for their money but also often have to suffer losses and inconvenience due to market manipulations.

As Under section-6 of Consumer Protection Act, consumer has the following rights:

1. Right to safety: It is Right to safety against such goods and services as are hazards to health, life and property of the consumer. For example, spurious and sub-standard drugs ; appliances made of low quality of raw material, such as, electric press, pressure cooker, etc. and low quality food products like bread, milk, jam, butter etc. Consumers have the right to safety against loss caused by such products.

2. Right to be Informed/ Right to Representation: consumer has also the right that he should be provided all those information on the basis of which he decides to buy goods or services. This information relates to quality, purity, potency, standard, date of manufacture, method of use, etc. of the commodity. Thus, producer is required to provide all these information in a proper manner, so that consumer is not cheated.

3. Right to choose: Consumer has the full right to buy good or services of his choice from among the different goods or services available in the market. In other words, no seller can influence his choice in an unfair manner. If any seller does so, it will be deemed as interference in his right to choice.

4. Right to be Heard: Consumer has the right that his complaint be heard. Under this Right the consumer can file complaint against all those things which prejudicial to his interest. First there rights mentioned above (Right to Safety; Right to be Informed; Right to choose) have relevance only if the consumer has right to file his complaint against them. These days, several large and small organisations have set up Consumer service cells with a view to providing the right to be heard to the consumer. The function of the cell is to hear the complaints of the consumers and to take adequate measures to redress them. Many newspapers like The Economic Times have weekly special columns to entertain the complaints of the consumers.

5. Right to Seek redress: This provides compensation to consumer against unfair trade practice of the seller. For instance, if the quantity and the quality of the product do not confirm to the promise of the seller, the buyer has the right to claim compensation, such as free repair of the product, taking back of the products, changing of the product by the seller.

6. Right to consumer education: Consumer education refers to educate the consumer constantly with regards to their rights. In other words, consumers must be aware of the rights they enjoy against the loss they suffer on account of goods and services purchased by them. Government has taken several measures to educate the consumers. For instance, Ministry of civil supplies publishes a quarterly magazine under the title Upbhokta Jagran. Doodarshan telecasts programme tittles Sanrakshan Upbhokta Ka.

In addition to this six rights of consumer given by govt. of India, The United Nations organisation also given two rights:

1. Right to Basic Needs: The Basic need means those goods and services which are necessary for the dignified living of people. It includes adequate food, clothing, shelter, energy, sanitation, health, care, education and transportation. All consumers have the right fulfil these basic needs.

2. Right to Healthy Environment: This right provides consumers the protection against environment pollution so that the quality of life enhanced. Not only this, it also gives stress that the need to protect the environment is for future generations as well.

Consumer’s Responsibilities

The consumers have a number of rights regarding the purchase of things, but at the same time they have some responsibilities too. It means that the consumer should keep a few things in mind while purchasing them.

They are as follows:
1. Consumer should exercise his right: Consumers have many rights with regard to the goods and services. They must be aware of their rights while buying. These rights are: Right to safety, Right to be informed, Right to representation, Right to seek redressal, Right to consumer education, etc.

2. Cautious consumer/ Do not buy blindly: The consumers should make full use of their reason while buying things. They should not take the seller’s word as final truth. In other words, while buying consumer must get information regarding the quality, quantity, price, utility etc. of goods and services.

3. Filing complaint for the redressal of genuine grievances: It is the responsibility of a consumer to approach the officer concerned there is some complaint about the goods purchased. A late complaint may find that the period of guarantee/warrantee has lapsed. Sometimes, consumers ignore the deception of businessmen. This tendency encourages corrupt business practices.

4. Consumer must be quality conscious/Do not compromise on quality: The consumers should never compromise on the quality of goods. Therefore, they should not buy inferior stuff out of greed for less prices. If the consumers behave like this, there cannot be any protection for them from any quarter. It is also the responsibility of the consumers only to buy goods with the ISI, Agmark, Woolmark, FPO etc. printed on them. All these symbols indicative of the good quality of the goods.

5. Advertisements often exaggerate/Beware of false advertisement: The seller informs the consumer about their things through the medium of advertisement. The sellers exaggerate the quality of their goods. Therefore, it is the responsibility of the consumers to recognise the truth of advertisement.

6. Do not forget to get Receipt and Guarantee/warrantee card: One should always get a receipt or bill for the things purchased. In case a guarantee/warrantee card is also offered by seller, it should also be taken. In case the goods purchased are of inferior quality or some defects appears and bothers the customers, these documents will be of great help in settling all kinds of dispute with the seller.

7. Do not buy in hurry: The first important responsibility of consumers is that they should not buy in hurry. It means that the consumers should make an estimate of the things they want to buy their along with their quantity required by them. They should also take in consideration the place from where to buy the things.

Role of Different Organizations

Role of Judiciary
In our country judiciary plays a very vital role. On recommendation of the amendment of consumer protection Act in 2000 the consumer protection councils or forums are created at district, state and national level. Under the Act there is a provision of Three-Tier Judiciary to redress the grievances of consumers in a simple, speedy and inexpensive way; namely
1. District Forum at District level
2. State Commission at State level
3. National Commission at National level

1. District Forum: According to consumer protection Act, state governments can set up one or more district forums in each District. There are three members including the presiding officer. Out of this one member must be a lady. They must have a qualification of District Judge and must be appointed by state government. Its main feature is that it can hear cases up to Rs.20 Lacs. Any appeal may go to state commission within 30 days.

2. State Commission: One state commission is appointed by the state government in each state. It also has three members out of which one is a lady member but they must have qualification of High Court Judge and should be appointed by state government. It can hear cases involving sum exceeds Rs.20 Lacs and upto Rs.1 Crore. Any appeal may go to national commission within 30 days.

3. National Commission: It is appointed by central government. It consists of five members out of which one must be a lady member. They must have qualification equivalent to Supreme Court Judge. It has a Jurisdiction to hear complaints amounting more than Rs.1 Crore. Any appeal may go to Supreme Court within 30 days.

Role of Non- Governmental organizations

In addition to government many about 500 non-governmental organizations (N.G.Os) are making efforts in order to safeguard the interest of consumer. These organizations perform the following functions:
1. Accelerating consumer awareness/Educating consumers: The first priority of consumer organization is to accelerate consumer’s awareness towards their rights. To accomplish this task which they have to perform are:
(a) To publish Brochures, Journals.
(b) To arrange seminars, conferences and workshops.
(c) To educate consumers to help themselves.
(d) To provide special education to women about consumerism.
(e) To encourage to follow desirable consumption standards.

3. Filing Suit on Behalf of consumer: Whenever a consumer fails to raise his voice of protect regarding his complaints, these organisations come to his rescue and file a case in the court. By rendering services to consumers, the consumers get a feeling that they are not alone in their fight. They also run voluntary complaints for the guidance of consumers.

4. Helping educational institutions: These organisations tell the educational institutions the way to prepare courses of study keeping in view the interest of consumers.

5. Promoting network of consumer association: Consumer organisations are trying to grow their numbers. They want to cover all regions so that consumers of all regions get benefited by their services.

6. Extending support to government: Consumer organisations by informing government agencies about adulteration, artificiality, inferior quality products etc. This helps government to conduct proceedings in time.

Role of Consumer Coordinating Council

The name of the highest body of consumer Association is consumer coordinating council. This body has started many programmes for consumer protection. The main objectives of this council are:
(a) To establish coordination among consumers for their welfare.
(b) To educate and train activists working for consumer protection.

Role of Press/Media

Whenever there is any revolution or a campaign is run for Public Awareness, News papers and journals play a very significant role. Indian Express is the first for this noble cause . Press takes following steps to make consumer protection campaign a success.
(a) To publish articles
(b) To make available columns
(c) To show live telecasts.
(d) To publish consumer complaints.

Role of Consumer Protection Council

The consumer protection council provides the establishment of a Central Consumer Protection Council by the central government and state Consumer Protection Council by state governments. The main objectives of the councils are:
1. To protect the rights of consumer
2. To promote the rights of consumer

Conclusion:

Consumerism is a collective consciousness on the part of consumers, business, government and civil society to enhance consumer satisfaction and social welfare which will in turn benefit all of them and finally make the society a better place to live in.

Adjournments 

Meaning

Denying justice in a timely manner is equivalent to denying justice altogether. For the rule of law to be upheld and the fundamental right to access justice to be fulfilled, cases must be resolved promptly. Once the evidence is being heard, the suit will be continued day by day until all of the witnesses are in attendance have been cross-examined, unless the court determines that a hearing postponement until the next day is required for reasons that need to be documented. A motion to adjourn means to put a current proceeding on hold or to move it to a later time.

Adjournment is completely up to the individual, but the discretion must be used in a judicially sound and reasonable manner—not irrationally or capriciously. It is impossible to establish a strict guideline for how this discretion should be used every time. It would change based on each case’s unique facts and circumstances.

Both parties will be granted an adjournment to present their arguments and supporting documentation, call witnesses, or bring evidence to court. Lawyers, parties, and judges will frequently reiterate that this adjournment is granted for the purpose of purposefully delaying the case. In the Unit Traders v. Commissioner of Customs case, the Madras High Court noted that the plea of denying natural justice is inadmissible when there is a purposeful absence on the date of hearings.

One of the most fascinating arguments I ever heard occurred when I testified for the prosecution in a CBI case, approving the prosecution’s case against a junior officer discovered to have assets exceeding his known income source. Following a brief period of cross-examination, the attorney informed the judge that he wanted to use his democratic right to participate in the procession and requested an adjournment of the proceedings. With ease, the adjournment was approved.

If the author’s explanation is accurate, lawyers and judges are the primary cause of the parties’ lack of receiving justice. Occasionally, even the parties themselves will be dismissed from the lawsuit or granted an ex parte decree if they fail to show up for the hearing. After that, the Civil Procedure Code’s O.IX procedure will be used. The rule of granting an adjournment is a discretion of a court to grant time to parties with sufficient cause; if there is any sufficient cause, the only court can grant an adjournment. Adjournment is a well-known issue in the functioning of civil and criminal proceedings.

What Is The Effect Of Adjournment?

The public’s trust in the judiciary will be undermined by the well-known issue that affects court operations and adjournments, which affects the entire legal and justice systems. Adjournment cannot be asserted as a right since it is at the court’s discretion and cannot be asserted as such. Case disposition delays are a result of adjournments. They also add to the parties’ and the witnesses’ suffering, expense, and inconvenience. The witness appears to help the court administer justice; she has no interest in the case. For this, he gives up his convenience and time.

He must appear in court multiple times if the case is postponed. He’s going to be angry and irritated. Additionally, it presents an opportunity for the other party to intimidate or coerce him into lying. Even with changes to the Civil Procedure Code that limit the number of times an adjournment may be granted to three, an adjournment can cause a significant delay in a lawsuit. Currently, requests for adjournments are filed in the supreme court on grounds that were unimaginable a few years ago and would have been roundly denied if they had been filed. Today, the norm is to adjourn meetings.

The judge may become unpopular as a result of this practice, but it must end. The judges are not engaged in a popularity contest. According to a post by IIM Calcutta regarding the Adjournment According to the study, there is a significant delay in the trial stage court procedures because of things like absenteeism, delayed judgments, protracted oral arguments, and arbitrary adjournments. Court holidays and strikes consumed roughly five weeks, and it took an average of nine weeks to even pass judgment during an adjournment. The absence of the plaintiff’s and defendant’s attorneys was another factor contributing to the delay, as was the court’s frequent acceptance of postponement requests brought on by the failure to provide the necessary documentation on time.

How Does the Civil Procedure Code Attempt to Answer Adjournment?

Amendment Act 1999 (effective 1-7-2002), which limited the number of adjournments to three during the suit hearing, has changed some of the most significant medications. O.XVII Rule 1 now requires the court to record the reasons for hearing adjournments. After a civil lawsuit is filed, it should be resolved as soon as possible and, in any event, within a year[9]. However, despite numerous precedents, the court has not followed this rule, and the lawsuit will go on for more than three years.

A court case involving the Salem Advocate Bar Association v. Union of India challenged this provision. The court held that the provision restricting adjournments could not be deemed unconstitutional or ultra vires. In certain extreme circumstances, an adjournment may be necessary even though three adjournments have already been granted. Examples of such circumstances include the Bhopal gas tragedy, riots, and other extremely serious matters.

The legislative intent to limit the issuance of adjournments must be kept in mind while weighing the relevant factor. Even the committee headed by Justice V.S. Malimath offered a proposal on adjournment in criminal and civil reform that adjournment should only be allowed when the court thinks it necessary and rationale for giving adjournment should be recorded; however, this requirement is not fulfilled. In order to deal with cases that have been outstanding for longer than two years, the Committee developed an Arrears Eradication Scheme. According to the plan, Lok Adalats will be used to resolve these matters in a priority order. No adjournment will be allowed; these matters will be considered on a daily basis.

When adjournment can be granted and refused?

An officers’ Court (Magistrate Court) may defer the procedures whenever. The Court must adjust the interests of equity while thinking about any application for dismissal. The Court can’t have immovable standards for the conceding or refusal of dismissals.

A case ought not to be dismissed on the grounds that common procedures are pending and might be biased. On the off chance that a deliberate observer neglects to go at the knowledge about the request, you should demand an intermission and make an application for an observer summons. You ought to likewise be in a situation to show that the observer vowed to visit.

At the point when a case is deferred, you should guarantee that you concur another consultation date with the Court and that the observers are told the new date. You ought to decide observer accessibility before consenting to another preliminary date.

Inherent Power and Duty of Court

The word “intrinsic” itself is a wide term. It suggests originating from something, a continuous quality or property, a fundamental component, something distinctive or focal, owned by or connected to a person or office as a benefit of the advantage. Therefore, inborn forces are those essential legal powers that courts may use to fully and successfully resolve a dispute between the parties in front of them. talks concerning the Court’s innate ferocity in Area 151.

Section 151 of the Civil Procedure Code

Sparing of standard forces of the code, nothing in this code will be regarded to control or generally sway the basic forces of the Court to make such requests as might be major for the bits of the arrangements or to obstruct maltreatment of the strategy for the Court.

The Hon’ble Supreme Court upheld that Section 151 of the Code views the optional force secured by each Court as a significant conclusive outcome for rendering an incentive as indicated by law, to do what is “correct” and fix what isn’t right. This was done in the ongoing case of K.K. Velusamy v. N. Palaanisamy. The level of Section 151 of the CPC is described by the Court as follows:

  1. Section 151 is unquestionably not a substantive course of action which gives any force or ward on Courts. It just observes the optional power of each Court for rendering an incentive as indicated by law, to do what is ‘correct’ and fix what isn’t right’, ‘that is, to do everything basic to affirm the bits of the arrangements ruin maltreatment of its method. 
  2. The courses of action of the Code are not finished; Section 151 says that if the Code doesn’t unequivocally or impliedly spread a specific procedural point of view, the natural force can be utilized by the Court to manage such circumstances, to accomplish the bits of the arrangements, upon the substances and conditions of the case.
  3. A Court has no capacity to do things which are declined by law or the Code, in the activity of its common forces. The Court can’t utilize the exceptional plans of Section 151 of the Code, where the fix or technique is unequivocally given in the Code.
  4. The trademark forces of the Court being indispensable to the forces explicitly gave, a Court is allowed to practice them and the Court ought to practice it to such a degree, that it ought not to be fighting with what has been unequivocally given in the Code.
  5. While practising the trademark power, there is no such complete going to manage those extraordinary states of the case everything considered the headway of force relies on the thought and smarts of the Court, what’s more upon the substances and conditions of the case. Subsequently, such an astounding condition should not, eventually, be treated as an authentic capacity to give any assistance.
  6. The force under section151 should be utilized with care, precisely where it is completely major, when there is no strategy in the Code controlling the issue or when the bona fides of the up-and-comer can’t be tended to or when such exercise is to meet the bits of the arrangements to forestall maltreatment of philosophy of Court.

Adjournment Limit

The Court may, if a satisfactory explanation is showed up, at any period of the suit grant time to the social events, or to any of them, and may now and again, suspend the knowledge about the suit for motivations to be recorded as a hard copy.

Given that no deferment will be allowed multiple occasions to a gathering during the becoming aware of the suit.

Costs of Adjournment

In each such case, the Court will fix a day for the future hearings of the suit may make such request, as it thinks fit concerning the expenses occasioned by the interval:

  1. When the thinking about the suit has begun, it will be continued regularly until all the eyewitnesses in cooperation have been dissected, with the exception of, if the Court finds that, for the great inspirations to be recorded by it, the suspension of the social occasion past the next day is basic. 
  2. No dismissal will be yielded in accordance with a social occasion, besides where the conditions are outside the capacity to control of that get-together.
  3. The way wherein the pleader of a social event is occupied with another Court, won’t be a ground for delay.
  4. Where the illness of a pleader or his inability to coordinate the case in any way at all. 
  5. The way wherein the leader of a social event is occupied with another Court, won’t be a ground for the delay.
  6. Where the illness of a pleader or his inability to coordinate the case in any way at all, other than his being busy with another Court, is progressed as a ground for a break. The Court won’t give the suspension aside from in the event that it is satisfied that the social occasion applying for the delay couldn’t have attracted another pleader in time.
  7. Where an observer (eyewitness) is available in Court, at any rate, a social event or his pleader is missing or the party or his pleader, in any case, present in Court, isn’t set up to look at or question the passer by, the Court may, on the off chance that it thinks fit, record the revelation of the observer (eyewitness) and pass such requests as it would conjecture fit shedding the evaluation in-chief or interrogation (cross-examination) of the spectator, everything considered, by the get-together or his pleader not present or not set up as recently referenced.

Conclusion ;   Adjournments are a well-known issue with how courts operate. When judges grant time to parties without good reason, they are making a mistake. Judges have the discretion to make any order they see fit, so even if the parties are not present, the court can dismiss them or issue an ex – parte decree. Wherever the court judges it appropriate, a reasonable amount should be imposed even if this does not function. The situation that is currently in court is intentionally being delayed.

The reason will be given by the parties or their lawyers on the basis of a sudden illness or physical ailment for that fact. If evidence is presented, it should be carefully examined. If it turns out that the evidence was false, immediate action should be taken against the parties, including fines or jail time. Wilful disobedience of the court’s process can also be considered. By stating the obvious, the adjudicator or the court should ensure that no frivolous adjournment is granted in order to gain an unfair advantage.