The Rostrum Essay Competition; Submit By Nov 15th

The Rostrum Essay Competition 2013 is the newest educational project by Alkemia & Rostrum. The competition seeks to nurture the creative talent of young authors from legal fraternity. The competition is meant for undergraduate law students interested in academic legal writing. The competition aims to cater to a large number of law students by enabling then in writing on legal topics of their own choice. The competition is bundled with lots of rewards to compliment the hard work of the participants.

The advisory board and the panel of judges for the competition consists of eminent scholars, academicians and professionals from legal fraternity.

2. Rewards

1. Cash Prize:

1st Prize: Rs. 8000
2nd Prize: Rs. 4000
3rd Prize: Rs. 2000

2. Publications:

Publication of 10 best essays in a special issue of Online Journal: Rostrum’s Law Review, ISSN: 2321 – 3787.
Publication of all selected abstracts in Rostrum’s Blog.

3. Free Courses:

Free courses and gift vouchers by Rostrum worth Rs. 1 Lakh to all the selected participants in the competition.

4. Certificate of Participation:

A certificate of participation will be awarded to all the selected participants.

3. Rules

1. Eligibility Criteria:

1.1 The competition is open to all the undergraduate law students in India.

1.2 The participants will be selected on the basis of an Abstract submitted by them on the topic of their interest.

2. Submission Guidelines:

2.1 Authorship:

2.1.1 Only one submission is allowed per author.

2.1.2 Co- authorship is allowed for a maximum of 2 students.

2.2 Abstract Submission

An abstract, not exceeding 500 words, is required to be submitted by email before 15th November 2013. The selection of participants for the competition will be done on the basis of the abstracts submitted by them.

2.3 Formatting & Citations

The Essay must have an introduction and conclusion. Authors should use endnotes and use of footnotes is prohibited.

The Essay / Abstract should be typed in MS Word format only. The sub heading should be in Font size 14, Bold, Times New Roman, Left alignment. The main text should be in Font 12, Normal, Times New Roman and Justified and endnotes should be in font size 10, Left aligned.1.5 intercellular spaces.

In case if you are using the graphs, tables and figures in the paper. Also attach an image of the particular item to the email while submission.

Word limit for Abstract shall be 500 words and full essay should be written in between 3500 and 4000 words.

Endnotes must conform to authoritative standard rules of legal citation and must include a description of each authority adequate to allow a reasonable reader to identify and locate the authority in a publication of general circulation.

It is advised that Bluebook 19th edition be followed.

3. Copyright & Plagiarism:

Each essay must be accompanied by a declaration to the effect that it has not been published, submitted, or accepted for publication elsewhere. All original works submitted for this competition shall assign their copyright to Alkemia Legal Education Ventures Pvt. Ltd. which shall become the sole proprietor of the works submitted.

The essay should be original and unpublished work of the author/s. Alkemia Legal Education Ventures will not be responsible for any claims made by any parties regarding copyright infringements in the works submitted by authors.

4. Email Submission

The submission should of the abstracts and essays should be done by email before the stipulated deadlines to the official email id of the competition: essay@rostrumlegal.in

All the queries relating to the competition will be entertained on the above email id.

5. Registration Fee:

The participants selected for the competition will required to pay Rs. 500 as Registration Fee (Rs. 1000 in case of Co-Authors) to register for the competition.

4. How to Enter

Law students interested in participating in the competition should follow the step by step rule mentioned below:

1. Prepare and Submit an Abstract by November 15th 2013.
2. Get Notified of the Selection by the Organizing Committee on November 18th 2013.
3. Submit the Registration Form along with the Registration Fee by November 25th 2013.
4. Submit the full essay along with copyright declaration form through email by January 15th 2014.
5. Get Notified about the Results and Publication on February 15th 2014.

5. Important Dates

The participants are advised to adhere to the following schedule for participation in the competition:

Submission of Abstract: November 15th 2013

Notification of Acceptance: November 18th 2013

Last Date of Registration: November 25th 2013

Submission of Essays: January 15th 2014

Publication of Results: February 15th 2014

More Details- http://rostrumlegal.in/blog/2013/10/26/the-rostrum-essay-competition/

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Rostrum’s Law Review

About the Journal:

Rostrum’s Law Review, ISSN: 2321 – 3787 is an on-line, free – access, multidisciplinary law journal published quarterly by Speak Up Publications. Speak Up is the official publication house of Alkemia Legal Education Venture Pvt. Ltd.

This Journal is a common forum for publishing original research papers, case reports and review articles relating to all the fields of law.  The Editorial Board and its advisory board consist of eminent researchers from India.

Archives:

All the previous issues of the Journal are preserved online at Scribd.Com: Click Here

Articles by various authors can also be read individually at RLR’s Blog: (Coming Soon!)

Call for Papers (Upcoming Issue):

Submit by: November 15th 2013 (17:00 Hrs.)

Manuscripts are invited from professionals, researchers and students for publication consideration. Papers are accepted for editorial consideration through email with the understanding that they have not been published, submitted or accepted for publication elsewhere.

Instructions:

Author/s must comply to the following guidelines to submit a paper for consideration for publication:

• Articles should be submitted in Microsoft Word format to the editor by Email. The email must be sent to journal@rostrumlegal.in.
• Each article must be accompanied by a declaration to the effect that it has not been published, submitted, or accepted for publication elsewhere. The copyrights of the articles will be with Alkemia Legal Education Ventures Pvt. Ltd.
• The Paper should be typed in MS Word format only. The sub heading should be in Font size 14, Bold, Times New Roman, Left alignment. The main text should be in Font 12, Normal, Times New Roman and Justified and endnotes should be in font size 10, Left aligned.
• The Title of the Paper should be followed by name, designation, name of Organisation/University/School and email address.
• The paper must have an introduction and conclusion. Authors should use endnotes and use of footnotes is prohibited.
• In case if you are using the graphs, tables and figures in the paper. Also attach photo of the particular item to the email with the paper.
• Papers should be unpublished and original contribution of the author.
• Each final manuscript shall have the following word limit:
  • Articles: 3000 – 4000 words.
  • Book Review: Not more than 2000 words.
  • Case / Legislative Comment: Not more than 2000 words.
• Co-Authorship is allowed only to 2 (two) authors.

Download the Copyright release agreement form: Click Here

Citation Guide:

Authors are advised to follow the rules in the Bluebook, 19th Edition.

Important Dates:

1. Last Date of Submission: 15th November, 2013 (17:00 Hrs)

2. Notification of Acceptance: 18th November, 2013

3. Submission of Publication Fee: 25th November, 2013 (17:00 Hrs)

4. Date of Publication: 30th November, 2013

Publication Fee:

For Students: Rs. 500 (For each author)

For Academicians Professionals: Rs. 1000 (For each author)

Please Note: The fee is only payable by authors whose manuscripts are selected for publication, the payment instructions will be sent with the intimation of acceptance.

For More Details- http://rostrumlegal.in/journal/

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Give Youth A Chance.

          When India attained independence, the first Lok Sabha was represented by 140 young members who were below the age of 40 of parliament, which accounts for almost 25% of the total members in the parliament. But since then there has been a steady decline in the number of young members, with the fourteenth Lok Sabha being represented by just 61 young members. Our forefather, I am sure realized the importance of having young blood in the parliament and hence encouraged them to participate in the governing process. Unfortunately, the prior trend is missing now with majority of our MPs, rather than choosing retiring gracefully from the political arena, tend to cling more viciously to power contaminating the dynamics of socio-political process. This has deprived our political machinery of the much needed young understanding and ideas.

Making a global comparison, Tony Blair relinquished office as Prime Minister of Britain at the age of 54 after a decade in power. Take president Obama who is 47 years old. In contrast, our PM candidates for the 15th Lok Sabha were Mr. Advani who was 81 and Mr. Manmohan Singh who was 76. Politics in India has become a career for either pensioners or as a second career choice for actors, lawyers, civil servants, defence officers and other professionals. In most cases the younger lot in the political party are desperately trying to persuade and convince their own party that they are sufficiently mature to be in a position of power.

Part of the problem lies in an excessively hierarchical political tradition that treats a supine loyalty as the ultimate virtue in Indian politics. Unsurprisingly, in this environment, there is a latent hostility to newcomers. Very few politicians have had the grace and dignity to withdraw voluntarily to the backbenches once their term is over. Retirement does not feature in their political lexicon. While this approach might suit individual’s self-interest, it is open to doubt whether this serves the wider national interests. Another factor which draws them to cling to their political seat is the status, easy money, easy fame and easy power that come along. Consequently, the aged politicians of our country do not want to easily give way to younger people or any deserving new candidate for that matter.

This brings us to introspect on the question– whether we need young member in parliament at all? India is a very young and vibrant country with brilliant young minds who have the potential to become good leaders. With almost two-thirds of the population comprising of youth, one fails to understand how a 60+ year old can understand what the life of a 20 year old is like and enable their progress. If age was an important criterion, why is it that the corporate world is gracefully retiring top executives when they go beyond 60? Similarly why are the civil servants asked to exit when they reach 60? Sheer logic suggests that if the backbone of the government is provided by the civil servants and the politicians depend on them for every aspect of government functioning- you should continue to hold theses experienced civil servants in office even if they reach 60. But that’s not the case. Isn’t it because we require a bureaucracy who is abreast with the latest technological and management philosophies. The same argument can be extended to our politicians too.

Old politicians are more likely to be rigid in their views and highly prejudiced. They are likely to be unaware of the latest advancement that are taking place around the world over and will be less adaptable and inclined to embrace better ways of functioning and governance. They are likely to be more focused on traditional ways of functioning even if there are inefficiencies and loopholes in their approach. They are also very short sighted with majority of them more interested in their survival in power rather than shaping a better future of the country.

If given appropriate timely opportunities the young politicians will prove to be more energetic, enthusiastic, passionate, innovative, ambitious and much more abreast with the socio-economic advances in various facets of our country.

Undoubtedly, young politicians will think further into the future. They will have a vision way ahead of the five-year electoral plan of the current politicians, because they will still be alive then. It is their own future they are planning for and are more concerned with the long term picture than simply the next election like many older politicians who are already in power. According to a survey, the younger members of parliament have attained a much better attendance than their elderly counterparts. Need more be said? With so much in the favour of the young parliamentarians, do they not deserve a chance?

Original Publication-  http://www.youthkiawaaz.com/2012/02/give-youth-a-chance/

Author- 

Shreya Vajpei

Army Institute of Law

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FOOD SECURITY BILL- AN ANALYSIS.

Need of bill- the latest global hunger index of international food policy research institute says that India ranks a low 65 out of 79 countries in terms of child mortality, malnourishment, and low child weight. To address this nutritional deficiency and set thing right, national advisory council wrote to p on October 27, with framework of food security bill.

Highlights of the bill

• The Bill seeks to offer rice at Rs 3 per kg, wheat at Rs 2 per kg and coarse cereals at Rs 1 per kg to the intended beneficiaries. Up to 75 per cent of the rural population and 50 per cent of the urban population will get 5 kg of food grain monthly. The poorest who fall under the Anthodia Anna Yojana will continue with their present monthly entitlement of 35 kg of food grains.

• The Bill will entitle around 80 million of India’s 1.2 billion populations to subsidized food grain under the Targeted Public Distribution System.

• States are given the responsibility to decide on eligibility criteria based on socio-economic and caste census (SECC) data. However, the SECC survey is likely to take six more months.

• Pregnant women and lactating mothers would receive a maternity benefit of at least Rs 6,000.

• Children aged six months to 14 years will get take-home rations or hot cooked food.

• The central government will also provide money to states and union territories if it runs low on grain as well as providing them with “assistance” towards the cost of intra-state transportation and handling of grains.

• In a bid to give women more authority in running their households, the oldest adult woman in each house would be considered the head of that household for the issuing of ration cards.

• At the coverage and entitlement now proposed, the total estimated annual food grains requirement is 612.3 lakh tons and the corresponding estimated food subsidy for implementation of NFSB, at 2013-14 costs, is about Rs 1,24,747 crore.

• There will be state and district level redressal mechanism with designated nodal officers. Redressal mechanism may also include call centers, helpline etc.

• The Bill provides for penalty to be imposed on public servants or authority, if found guilty of failing to comply with the relief recommended by the District Grievance Redressal Officer

PRIMARY CONCERNS

1. Steep cost- the main concern about the bill is doing out rs 1.3 lakh per year, which is major chunk of tax payers money. That is up from the rs. 90,000 roe being currently spent on food subsidies by the centre.
2. Who will bear the burden? There is still no clarity as to who will bear the burden of the massive subsidy that will be shelled out. But if the onus falls on the farmers, it will make their life even harder. The low prices of the subsidized food can distort the market and farmers who can’t sell to the government – assured programme will lose out on the open market because prices will be forced down
3. Pilferage- the big concern is whether the food will reach the beneficiaries. the possible pilferage by middleman and racketeers and wastage because of derelict supply chain and inefficient PDS and integrated child development services .

Defining the poor- bill is categorically aimed at the poor, but universalisation is required sine it is rather difficult to monitor who is rich and poor. According to the plan panels estimation in 04-05, 30 crore people lived below the poverty line. However according to the rural development ministry India has 40 crore poor.



Author- 

Madhvi Chopra
5th Year,
Guru Go bind Singh Indraprastha University 

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The Street Reality.

Providing balance through legal framework, between fundamental rights to do business and right of public to utilise same place

Approximately 2.5% of India’s total population sole source of existence is through street vending. A self employed vendor can be considered as a micro-entrepreneur who earns his living by selling products and services on the streets. Being in informal sector this is one of the most unorganized and unregulated professions in India with minimum policy intervention. Although a national policy was formulated in the year 2004 which was revised in year 2009 but the provisions in it are yet to be materialized.

Size of street vending population

As the most visible segment of the urban informal economy, it is indisputable that there are thousands of street vendors in most big cities of developing world. Yet it is exceedingly difficult to produce accurate estimates of the number of street traders in any given city. In some countries official statics on street vendors are available, though they likely underestimate the total number of people engaged in street vending.

Street Vending- A professions of Ordeals

Street vending is usually correlated with low and insecure income. In most cities it is assumed to be an illegal encroachment of public land and a source of chaos and nuisance. To make matters worse regulation of street vending generally follows the “conflict model”. Various town authorities often issue eviction orders arbitrarily in the pretext of traffic jams, health reasons, public inconvenience and encroachment. Often a street vendor’s income is limited by the natural forces, seizure of goods and insecurity of losing the space for vending. What a Vendor needs is an enabling environment in which he can develop his entrepreneur skills peacefully. Keeping in mind, the livelihood of street vendors, government passed Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012. The bill aimed at providing social security and livelihood rights to street vendors

Highlights of the Bill

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 was introduced in the Lok Sabha on September 6, 2012.

• The Bill shall not be applicable to land owned or controlled by the Railways under the Railways Act, 1989.
• The Bill requires every street vendor to be registered with the Town Vending Committee. The Bill states that the minimum age of a street vendor has to be 14 years.
• Street Vendors have been defined to include ‘any person engaged in vending of articles, goods, food etc or offering services to the general public in a street lane, side walk, footpath, pavement, public park, or any other public or private area. It includes hawkers, peddlers, and squatters.
• The Bill provides that no person can undertake any street vending activity without obtaining the required vending certificate. Every registered street vendor shall be issued an identity card.
• The Bill states that a vending certificate shall be issued to stationary vendors, mobile vendors, or any other category of vendor recognised by the appropriate government.
• The Bill requires every local authority to frame a street vending plan. The plan has to be reframed every five years. The plan shall determine the vending zones as (a) restriction-free vending zones; (b) restricted vending
• The Bill defines natural markets as “a market where sellers and buyers have traditionally congregated for more than a specified period for the sale and purchase of specific products or services and has been determined as such by the local authority.”
• The appropriate government shall frame a street vending scheme. The scheme shall include amongst others: (a) the manner of applying for registration,

(b) The period within which the decision has to be made and,

(c) Any other condition to be imposed on the vending certificate.

• The Bill empowers the local authority to relocate street vendors. The authority may do so, of the street vendors are causing a public nuisance or obstructing the movement of the public. A registered street vendor who has been relocated shall be entitled to new site for vending.
• The local authority is also empowered to confiscate the goods of the vendors in the manner specified in the street vending scheme.
• The Bill empowers the Town Vending Committee to cancel or suspend the vending certificate. This may be done if the vendor has breached the conditions of street vending either under the Bill or under the street vending scheme.

Key Issues and Analysis

Currently, street vending is regulated under municipal laws enacted by state legislatures. Parliament’s competence to legislate on this issue depends on whether the Bill is interpreted as substantively addressing rights and obligations of street vendors (Concurrent List) or relating to municipal zoning (State List). 

The Bill does not specify principles to be followed by governments in issuing vending certificates, allocating vending zones and the number of vendors per zone.  Absence of such norms could defeat the purpose of enacting a law to ensure uniformity in the legal framework. 

The Bill does not require the stakeholders to be consulted in the formulation of the street vending plan.  This could lead to a lack of safeguards in ensuring that plan is determined in a fair manner.  

The central law will have overriding effect on state laws that are inconsistent with the Bill.  Current state laws differ with the Bill in terms of powers of the TVC, and mechanism for dispute resolution.

The Standing Committee suggests making the Bill applicable to the Railways, incorporating specific provisions of the scheme in the Bill, and consultation with the TVC on the vending plan

Balancing objectives of the Bill:  livelihood rights vs.  Urban planning needs

In regulating urban street vending activities, the Bill aims to balance three key objectives: securing the right to livelihood of street vendors, ensuring congestion free public spaces and streets, and convenience of vending services for customers. The Bill provides a broad framework for registration of street vendors, grounds for relocation, eviction and confiscation of goods, functions of the local authority and Town Vending Committee, and a grievance redressal mechanism.  The Statement of Objects and Reasons of the Bill says the law is proposed for “ensuring uniformity in the legal framework across states and union territories”. However, the Bill leaves several aspects of the regulation of street vending to the street vending scheme that is to be formulated by state governments and implemented by local authorities. The Bill does not specify the principles to be considered by local authorities in issuing vending certificates, allocating vending zones and determining the number of vendors per zone, or the public purpose for which vendors may be relocated.

Author- Madhvi Chopra.

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CUSTODIAL DEATHS – A LEGALIZED CRIME

Custodial Violence means torture in police custody. Death in custody is when a person dies when in the custody of the police, prison service or other authorities. Death in custody of police is not an uncommon event now; still it remains a controversial subject, with the authorities often being accused of using lethal force, abuse, neglect, racism and over-ups of the causes of death. Custodial deaths are perhaps one of the worst crimes in a civilized society governed by the Rule of Law.

A reading of the morning newspapers almost every day carrying reports of dehumanizing torture and death in custody of police, etc. is indeed depressing. In almost every state there is an increase in frequency of deaths in custody, generally prescribed by the newspapers as lock-up deaths. The increasing incidence of torture and death custody has assumed such alarming proportions that is a affecting the credibility of the Rule of Law and the administration of criminal justice system. Society’s cry for justice has never been louder. While the reported cases of custodial deaths are increasing in India, statistics are difficult to come by, as there is government apathy to transparency.

To the less gulling, the Rosy picture of “Indian shining” appears less rosy as India is in the throes of a shocking and disturbing crisis fuelled by violence that the State inflicts on its citizens thought encounter killings, police torture and custodial deaths. Respect for human rights is the sine qua non of any civilized society and the disrespect for human rights is inimical to civil liberties granted to its citizens by the state. By this standard, the Indian State lamentably fails and is a cause for concern for those who value civil  liberties.    

They are part of a “deliberate and conscious state administrative practice” for which successive Indian governments must bear the responsibility.

“Custodial torture” is naked violation of human dignity and degradation which destroys, to a very large extent, the individual personality. It is a calculated assault on human dignity and whenever human dignity is wounded, civilization takes a step backward-flag of humanity must on each such occasion fly half –mast. The word torture today has become synonymous with the darker side of the human civilization.

It is a wound in the soul so painful that sometimes you can almost touch it, but it is also such intangible that there is no way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself  .

In recent years, third degree torture and custodial deaths have become an intrinsic part of police investigations and the injury inflicted on the prisoners is sometimes unbearable and its use of torture and third degree methods against suspects in police lockups remains standard operating procedure in post-Independence India.

The Supreme Court has attributed this increase, to the “devilish devices adopted by those at the helm of affairs who proclaim from rooftops to be the defenders of democracy and protectors of peoples’ rights and yet do not hesitate to condescend behind the screen to let loose their men in uniform to settle personal scores, feigning ignorance of what happens and pretending to be peace-loving puritans and saviors of citizens’ right”.

Lack of accountability and almost total immunity enjoyed by the police until recently accounts for the increasing instances of custodial deaths.

The long delays in courts in prosecuting the guilty police personnel, due to the ignorance of judges create a climate of impunity for such crimes to flourish. The governments also reward policemen or paramilitary personnel, which actually encourage encounter killing. The lack of legislation outlawing torture is another reason. Further, even the compensation paid to the surviving members of the victims murdered by the police personnel remains a pittance and if and when it is awarded it is a paltry.

Torture is the only way available with the police to find the clues from the victims. The police save influential and wealthy offenders by implicating innocent people and torturing them until a ‘confession’ is obtained. The communal and caste divide in India is closely linked with torture. The police or other state institutions are directly involved in most of the communally charged violence.

Respect for human dignity while protecting life and liberty of an individual is the cardinal principal of the Indian Constitution. The constitution has elaborate provisions to prevent Police brutalities. Article 19, Article 20, Article 21, Article 22, Article 32, And Article 226 of The torture. Moreover the Indian Evidence Act prohibits use of confession made before the police officer and the one obtained through inducement, threat of promise in criminal trials.

Attentiveness to these human rights concerns is not simply a moral and legal imperative, but also a crucial strategic imperative. As the Supreme Court of India has recognized, ‘terrorism often thrives where human rights are violated’ and ‘the lack of hope for justice provides breeding grounds for terrorism.’ Why the huge gap between the positive approach and the increasing use of torture is not bridged, is a big question.

Abraham Lincoln once said,      “if you once forfeit the confidence of our fellow citizens you can never regain their respect and esteem.”

Despite the fact that we have detailed provisions to protect and safeguard the human rights of the people, we see that a steady process of devaluation of human dignity and personality is irresistibly advancing and brutal betrayal of those basic rights, which are enshrined in International Bill Of Human Rights, becomes a common scenario. The human rights are daily providing to be a mere teaming illusion and promise of unreality. However there is a new emerging would legal order. The Indian experiment in enacting the protection of Human rights Act is a hopeful start. The human rights jurisprudence is gaining judicial reverence in Indian especially where life and liberty are violated by state violence.

The prevalence of custodial violence also needs deeper introspection. Investigating agencies often use the excuse of public pressure to solve ‘crime’ as justification for resorting to ‘third-degree’ methods of interrogation. This is also supported by public condo nation and even sanction of such torture. However torture and custodial violence is not limited to interrogation alone, but also seen as ‘just’ punishment and ‘fair’ exercise of police authority. The award by the judiciary of the death sentence to police officials in such cases of custodial crime merely reinforces and legitimizes this culture of violence by resorting to brute force as punishment for the ‘criminal’. Resorting to capital punishment is not the solution to violent crime. 

Suggested reforms

The training imparted to policemen should include-

1. Inculcating democratic sense and idealism Understanding that descent on part of public is not necessarily a threat to public order and the idea that the police is basically to help the public
2. Better amenities should be provided at police station and lock up traffic police have a high – visibility profile and they , therefore , need special attention in terms of improvement
3. The system of patrolling must be revamped so that the public get the feeling that the crime can be prevented.

Other reforms

4. investigation wing should be separated from law and order wing
5. There should be security commission at national and state level as recommended by the  national police commission.
6. In  each district, a separate police superintendent should be made  responsible for collection and dissemination of criminal intelligence
   
   
   
   
   By- Madhivi Chopra. 
         

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