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English: H.P National Law University, Shimla

This document is Drishti Yadav's assignment acknowledgment for her English course at H.P National Law University, Shimla. It thanks various people who helped her complete the assignment, including the Vice Chancellor Prof. S.C Raina and her project guide Mrs. Ruchi Raj Thakur. Drishti expresses gratitude for the university providing resources and for her family and friends' support. The acknowledgment is dated February 15, 2017 and is signed by Drishti Yadav.

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0% found this document useful (0 votes)
74 views

English: H.P National Law University, Shimla

This document is Drishti Yadav's assignment acknowledgment for her English course at H.P National Law University, Shimla. It thanks various people who helped her complete the assignment, including the Vice Chancellor Prof. S.C Raina and her project guide Mrs. Ruchi Raj Thakur. Drishti expresses gratitude for the university providing resources and for her family and friends' support. The acknowledgment is dated February 15, 2017 and is signed by Drishti Yadav.

Uploaded by

kunal mehto
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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H.

P NATIONAL LAW UNIVERSITY,


SHIMLA

Assignment

English

Submitted To
Mrs. Ruchi Raj Thakur
Lecturer on English

Submitted By
Drishti Yadav
Roll no. – 12
BA.LLB.(HONS.) –I SEMESTER
ACKNOWLEDGMENT
Every project big or small is successful largely due to the effort of a number of wonderful
people who have always given their valuable advice or lent a helping hand. I sincerely
appreciate the inspiration; support and guidance of all those people who have been
instrumental in making this project a success.

I, Drishti Yadav, the student of H.P. National Law University (Shimla), am extremely
grateful to H.P. National Law University (Shimla) for the confidence bestowed in me and
entrusting my assignment of Political Science.

At this juncture I feel deeply honored in expressing my sincere thanks to Honble. Vice
Chancellor, Prof. S.C. Raina, for making the resources available at right time and providing
valuable insights leading to the successful completion of my assignment.

I also extend my gratitude to my Project Guide Mrs. Ruchi Raj Thakur Lecturer on
English, who assisted me in compiling the project.

I would also like to thank all the faculty members of H.P. National Law University
(Shimla) for their critical advice and guidance without which this project would not have
been possible.

 Last but not the least I place a deep sense of gratitude to my family members and my friends
who have been constant source of inspiration during the preparation of this project work.

DATE –  February 15, 2017                                                         NAME – Drishti Yadav

Table of Contents
a. Prisoner’s right to vote

b. Judicial activism under the Indian constitution

c. Discrimination against women

d. The Role Of Judiciary In protecting civil liberty

e. Right to speedy trial

f. Right to under under constitution

g. Child labour In India

h. Effectiveness of anti dowry legislation

i. Lie detector test and its authenticity

j. The Concept Of Parole

k. Honour killing

PARAGRAPHS
a. Honesty is the best policy but it is out of fashion
b. Success is a bastard and failure is an orphan
c. It’s Never Too Late To mend
d. Politics Is the last Resort for criminals
e. Pen is mightier than sword
f. Hard work pays

Resume And Cover Letter

Prisoner’s Right To Vote


 Prisoners, both convicts and under trials, in the country, cannot vote in the elections. This
issue has been settled once again by the Election Commission of India (EC). But there is still
confusion among prison officials regarding voting rights of prisoners. Officials agree that
convicts cannot vote but in so far as under trials are concerned, they say they can exercise
their franchise if they want to. Prison officials, however, maintain there has never been an
instance of under trials casting votes in any election so far.

There is, however, an exception. Those who have been detained under the Goondas Act,
National Security Act (NSA) and Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act (Cofeposa) can cast their votes from prison itself. A ballot paper is
sent to the detainee in prison and he can cast his vote. The ballot paper is sent back to the
returning officers by the prisons department.

That under trials cannot cast their votes has been made clear in the latest General Elections
2014 Reference Handbook but there still seems to be confusion about it in the prison
department. An official of the department said, if under trials want to cast their votes, the
prison will facilitate that. However, the prisoner will have to ask his family to get his voter
identity card.
Based on the voter identity card, prison officials will inform district election officers or
returning officers. They will then send ballot papers and the under trials will be able to cast
their votes on polling day. "However, nobody has even taken the interest to cast their vote," a
senior official said.
What is more important to note is that the EC has ruled that under trials, apart from convicts,
cannot vote. "No, prisoners cannot vote," said M A Fahim Saberi, OSD in the office of the
chief electoral officer.

Chapter 43 of the General Elections 2014 Reference Handbook also makes it clear saying,
"Under trial prisoners and persons confined in prison otherwise are not eligible to vote, even
if their names are registered in the electoral votes. However, persons under preventive
detention are eligible to vote by post as per Section 62 (5)." According to Section 62 (5) of
the Representation of the People Act, 1952, "No person shall vote at any election if he is
confined in a prison, whether under a sentence of imprisonment or transportation or
otherwise, or is in the lawful custody of police." The sub-section further provides that nothing
in it will apply to persons subjected to preventive detention under any law.
Cherlapalli central prison superintendent K S Srinivasa Rao told TOI that there were a few
detainees in prison who would be eligible to vote and it will be facilitated through postal
ballot.
There are 4,613 convicts in AP jails as on date. Apart from them, there are also 9,743 under
trials.
According to sources, there are five detainees and nine civil prisoners and only they will be
eligible to vote.According to section 62(5) of the Representation of the People Act, 1951, no
person shall vote at any election if he is confined in a prison, whether under a sentence of
imprisonment or transportation or otherwise, or is in the lawful custody of the police.

JUDICIAL ACTIVISM UNDER THE INDIAN


CONSTITUTION
During the framing of the Indian Constitution in the 1940’s, the engrafting of Directive
Principles of State Policy was inspired from the Irish example. The common experience of
colonial rule in both countries also makes it viable for us to draw comparative insights in the
matter of analysing legislations, the judicial process and of course precedents themselves.

The phrase ‘judicial activism’ carries more than one connotation. The common law tradition
conceives of courtroom litigation as an adversarial process where the onus is on the pleaders
to shape the overall course of the proceedings through their submissions. In this conception,
the role of the judge is cast in a passive mould and the objective is to dispassionately evaluate
the arguments made by both sides. However the actual experience of a courtroom clearly
bears witness to the tendency on part of some judges to pose incisive questions before the
practitioners. This may have the consequence of proceedings being judicially-directed to a
certain degree. While this literal understanding of activism from the bench may have its
supporters as well as detractors, the focus of my talk will be on another understanding of
‘judicial activism’. In the Indian context, there has 2 been a raging debate on the proper scope
and limits of the judicial role – especially of that played by the higher judiciary which
consists of the Supreme Court of India at the Centre and the High Courts in the various States
that form the Union of India. The terms of that debate have been broadly framed with respect
to the considerations of ensuring an effective ‘separation of powers’ between the executive,
legislature and the judiciary as well as concerns about the efficacy and legitimacy of judicial
interventions in the long-run. In the course of this talk, I will attempt to present some
background information as well as the main themes of these debates.

The Supreme Court of India is the highest judicial forum and final court of appeal
of India established under Constitution of India, as per which Supreme Court is the highest
constitutional court and acts as the guardian of Constitution. India follow the integrated and
yet independent judiciary.
Since independence, judiciary has been playing a very active role in dispensing the justice
since A K Gopalan vs State of Madras case(1950) followed by Shankari Prasad case, etc.
However, judiciary remained submissive till 1960s but its assertiveness started in 1973
when Allahabad High Court rejected the candidature of Indira Gandhi and introduction
of PIL by Justice P N Bhagwati further expanded its scope.[2]
Judicial activism refers to the interference of the judiciary in the legislative and executive
fields. It mainly occurs due to the non-activity of the other organs of the government.

Judicial activism is a way through which relief is provided to the disadvantaged and
aggrieved citizens. Judicial activism is providing a base for policy making in competition
with the legislature and executive. Judicial activism is the rendering of decisions, which are
in tune with the temper and tempo of the times.

In short, judicial activism means that instead of judicial restraint, the Supreme Court and
other lower courts become activists and compel the authority to act and sometimes also direct
the government regarding policies and also matters of administration.

Judicial activism has arisen mainly due to the failure of the executive and legislatures to act.
Secondly, it has arisen also due to the fact that there is a doubt that the legislature and
executive have failed to deliver the goods. Thirdly, it occurs because the entire system has
been plagued by ineffectiveness and inactiveness.

Discrimination against women


The problem of women discrimination still remains one of the most calling problems in
today’s society. Although the boom in publicity around the feminist movement has a little
calmed down and the female stratification gets significantly less attention than one or two
decades ago, this problem still exists. Another trap concerning the female gender
stratification is that it is often associated with the countries of the third world and the
countries with non-democratic society.

This concept of domination is proved not only by observations of individuals, but is also
assessed and analyzed by different kinds of research.

When separate factors as wages, health, political rights are taken into consideration, the
picture of female discrimination becomes very apparent. Women’s employment is the case:
While in the most of the world (US, Russia, China, Middle and Northern Europe) women are
40% or more of the workforce, in Latin America, it is only 15%, and in Islamic countries of
Africa and Middle East the figures are much lower. This kind of situation is much due to the
widely accepted prejudice that woman’s main functions in the society are childbearing and
household work. Even when employed, women meet a lot of discrimination. For, example, it
is displayed in the wages they receive, if compared to men. The recent research of the
earnings of men and women on the full time position shows that being employed on the same
position as men, women receive a significantly lower compensation. As an illustration, on the
Sales position women get the 62% percent of the salary of a man on the same position; being
employed as executives, administrators and managers women receive 68%; female service
workers receive 69%; in the case of professional specialties, it is 70%; the situation looks a
little better in farming and clerical spheres, where female workers get 84% and 77%,
respectively, of a typical man’s compensation.2 On average, women are paid 30% less than
men. This situation is complicated by the phenomenon known as “glass ceiling” – a fact that
female employees usually do not get to the higher and middle levels of an organizational
hierarchy. A social trend connected to the two previous issues is the “feminization of
poverty”, a trend by which women represent an increasing percentage of poor3. As an
illustration, in 1960, there were 25% of poor households headed by women. By 1998, this
figure increased to 53%. As one can see, the households headed by women, the number of
which in our society increases, are at much risk of becoming poor.

The situation of women in the society becomes even worse, if one takes into consideration
such a sharp problem as Sexual Harassment, which often goes in couple with the employment
discrimination. Although most of people think of sexual harassment only in terms of its most
aggressive forms (rape, touching, forced sexual favors, etc.), harassment includes any kind of
unwanted sexual attention. In this case, the victims of sexual harassment reported the
complaints on the following: sexual remarks (77%), suggestive looks (73%), pressure for
dates (55%), deliberate touching (62%), actual or attempted rape assault (20%).4 The survey
conducted among federal employees has shown that more than a half(up to 55%) of women
were harassed in the groups consisting of all men or predominately men. Female members of
groups consisting of equal proportions of men and women and those having female majority
report harassment in 43% and 37% of cases, respectively. Even in “all women” groups 22%
of members suffer from sexual harassment.

The Role Of Judiciary In Protecting Civil


Liberty
The Constitution of India framed in the wake of India's freedom very appropriately
guaranteed certain fundamental rights which are justiciable. Centuries of alien rule had
generated an irrepressible urge for independence and a longing for individual liberty. The
fundamental rights enshrined in the Constitution are thus the fruits of the historic struggle for
freedom. The Founding Fathers had displayed great statesmanship in constituting the
Supreme Court and the High Courts the custodians of these cherished rights. With the coming
into force of the Constitution in 1950 a new and fascinating chapter in the life of the Indian
Judiciary has opened itself. The Judiciary has become the vigilant guardian of civil liberties
in India. During these sixteen years, the Supreme Court and the High Courts have been called
upon time and again to protect the liberties of the individual against legislative and executive
encroachments. It is indeed gratifying that the interpretation of the fundamental rights by the
Courts, notwithstanding occasional disappointments, has, by and large, tended to inspire and
sustain the faith of the common man in this great institution. That the Supreme Court had
begun to appreciate its role as the guardian of the fundamental rights became clear in the first
few years itself. In the State of Madras Vs. V. G. Row (1952 SCR 597=AIR 1952 SC 196).
Patanjali Sastri, C. J., observed: "We think it to point out, what is sometimes overlooked, that
our Constitution contains express provision for judicial review of legislation as to its
conformity with the Constitution, unlike in America. . . if then, the Courts in this country face
up to such important and none too easy task, it is not out of any desire to tilt at legislative
authority in a crusador's spirit, but in discharge of a duty plainly laid upon them by the
Constitution. This is especially true as regards the fundamental rights as to which this Court
has been assigned the role of a sentinel on the qui vive. While the Court naturally attaches
great weight to the legislative judgment, it cannot desert its own duty to determine finally the
con.stitutiona1ity of an impugned statute. " The power to issue orders or writs, including
those in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for
the enforcement of any of the fundamental rights is conferred both on the Supreme Court,
under Art. 32, and the High Courts, under Art. 226. The power to issue orders or writs,
including those in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, for the enforcement of any of the fundamental rights is conferred both on the
Supreme Court, under Art. 32, and the High Courts, under Art. 226. But the nature and scope
of the power differ in the two cases. It was contended on behalf of the respondent in Romesh
Thappar Vs. State of Madras (1950 SCR 594= AIR 1950 SC 124) that, as a matter of orderly
procedure, the petitioner should have first moved the High Court of Madras which had
concurrent jurisdiction to deal with the matter under Art. 226 before he could come up to the
Supreme Court under Art. 32. Rejecting this contention, Patanjali Sastri, J., observed: "Art.
32 does not merely confer power on the Supreme Court, as Art. 226 does on the High Courts
to issue certain writs for the enforcement of the rights conferred by Part III or for any other
purpose, as part of its general jurisdiction. Art. 32 provides a 'guaranteed' remedy for the
enforcement of those rights, and this medial right is itself made a fundamental right by being
included in Part III. The Supreme Court is thus constituted the protector and guarantor of
fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to
entertain applications seeking protection against infringements of such rights. The
jurisdiction thus conferred on the Supreme Court by Art. 32 is not concurrent with the one
given to High Courts by Art. 226."

Right To Speedy Trial

Speedy trial is a human right under which it is asserted that a government prosecutor may not
delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to
impose such delays would allow prosecutors to effectively send anyone to jail for an arbitrary
length of time. In jurisdictions with strong rule of law, the requirement of a "speedy trial"
forces prosecutors to diligently build cases within a reasonable amount of time commensurate
with the complexity and heinousness of the crimes of which suspects are accused. It is based
on the notion that long-term incarceration is to be normally restricted to situations where a
judge or jury determines a suspect has committed a crime specifically enumerated in a
statute.
This right is codified in fundamental legal documents in several jurisdictions, including:

 Article 6 of the European Convention on Human Rights[1]


 Speedy Trial Clause of the United States Constitution
 Section Eleven of the Canadian Charter of Rights and Freedoms
In English law, this right was developed by the Assize of Clarendon in 1166 (a judge would
be summoned if one was not immediately available) and Magna Carta in 1215 ("To no one
will we sell, to no one will we refuse or delay, right or justice.").[2]
In June 1776, a "speedy trial" provision was explicitly included in the Virginia Declaration of
Rights by George Mason, its principal author.
The Constitution of the Philippines states, "All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
“The constitutional guarantee of speedy trial is an important safeguard to prevent undue and
oppressive incarceration prior to trial; to minimize concern accompanying public accusation
and to limit the possibilities that long delays will impair the ability of an accused to defend
himself”.

The right to a speedy trial is first mentioned in that landmark document of English law, the
Magna Carta. The constitutional philosophy propounded as right to speedy trial has though
grown in age by almost two and a half decades, the goal sought to be achieved is yet a far-off
peak. It a concept which deals with speedy disposal of cases to make the judiciary more
effective and to impart justice as fast as possible. Article 21 declares that “no person shall be
deprived of his life or personal liberty except according to the procedure laid by law.” 

Justice Krishna Iyer while dealing with the bail petition in Babu Singh v. State of UP,
remarked, "Our justice system even in grave cases, suffers from slow motion syndrome
which is lethal to 'fair trial' whatever the ultimate decision. Speedy justice is a component of
social justice since the community, as a whole, is concerned in the criminal being condignly
and finally punished within a reasonable time and the innocent being absolved from the
inordinate ordeal of criminal proceedings."

In Sheela Barse v. Union of India court reaffirmed that speedy trial to be fundamental


right. Right to speedy trial is a concept gaining recognition and importance day by day. There
are 3 pillars of social restraint and order in India 
(1) legislature
(2) executive
(3) judiciary
Right To Die Under Constitution
The Constitution of India provides a long list of fundamental rights under Part-III. Article 21
of our Constitution is one of the important fundamental rights among those rights. This article
21 of our constitution deals with “Protection of Life and Personal Liberty.”

The Article 21 reads as follows:

“No person shall be deprived of his life or personal liberty except according to procedure
established by law.”

According to this article right to life means the right to lead meaningful, complete and
dignified life. It does not have restricted meaning. The object of the fundamental right under
Article 21 is to prevent any restriction by the State to a person upon his personal liberty and
deprivation of life except according to procedure established by law.

The meaning of the words “personal liberty” came up for consideration of the Supreme Court
for the first time in A.K. Gopalan v. Union of India. The scope of Article 21 was a bit narrow
at that time. In this case the Supreme Court held that the word deprivation was construed in a
narrow sense and it was held that the deprivation does not restrict upon the right to move
freely which came under Article 19 (1) (d). Finally, in Maneka Gandhi v. Union of India, the
Supreme Court has overruled Gopalan’s case and widens the scope of the words “personal
liberty”,

Which is as follows:
“The expression personal liberty in Article 21 is of widest in nature and it covers a bundle of
rights which go to constitute the personal liberty of man and some of them have raised to the
status of distinct fundamental rights and given additional protection under Article 19”.

Constitutional validity of Right to Die

Now, the question arises whether right to life under Article 21 includes right to die or not.
This question came for consideration for first time before the High Court of Bombay in State
of Maharashtra v. Maruti Sripati Dubal. In this case the Bombay High Court held that the
right to life guaranteed under Article 21 includes right to die, and the hon’ble High Court
struck down section 309 IPC which provides punishment for attempt to commit suicide by a
person as unconstitutional.

In P Rathinam v. Union of India a Division Bench of the Supreme Court supporting the
decision of the High Court of Bombay in. Maruti Sripati Dubal case held that under Article
21 right to life also include right to die and laid down that section 309 of Indian Penal Court
which deals with ‘ attempt to commit suicide is a penal offence’ unconstitutional.

This issue again raised before the court in Gian Kaur v. State of Punjab. In this case a five
judge Constitutional Bench of the Supreme Court overruled the P. Ratinam’s case and held
that “Right to Life” under Article 21 of the Constitution does not include “Right to die” or
“Right to be killed” and there is no ground to hold that the section 309, IPC is constitutionally
invalid. To true meaning of the word ‘life’ in Article 21 means life with human dignity. Any
aspect of life which makes life dignified may be include in it but not that which extinguishes
it. The ‘Right to Die’ if any, is inherently inconsistent with the “Right to Life” as is “death”
with “Life”.

A question may arise, in case of a dying man, who is, seriously ill or has been suffering from
virulent and incurable form of disease he may be permitted to terminate it by a premature
extinction of his life in those circumstances. This category of cases may fall within the ambit
of ‘Right to Die’ with dignity as a part of life with dignity. According to the court these are
not cases of extinguishing life but only of accelerating the process of natural death which has
already commenced.

Child Labour In India


"Out of school children comprise the workers and non workers. In our view they together
signify a measure of deprivation among children and can be considered as a potential labour
pool always being at the risk of entering the labour force" - NCEUS, 2007

India is sadly the home to the largest number of child labourers in the world. The census
found an increase in the number of child labourers from 11.28 million in 1991 to 12.59
million in 2001. M.V. Foundation in Andhra Pradesh found nearly 400,000 children, mostly
girls between seven and 14 years of age, toiling for 14-16 hours a day in cottonseed
production across the country of which 90% are employed in Andhra Pradesh. 40% of the
labour in a precious stone cutting sector is children. NGOs have discovered the use of child
labourers in mining industry in Bellary District in Karnataka in spite of a harsh ban on the
same. In urban areas there is a high employment of children in the zari and embroidery
industry.
Poverty and lack of social security are the main causes of child labour. The increasing gap
between the rich and the poor, privatization of basic services and the neo-liberal economic
policies are causes major sections of the population out of employment and without basic
needs. This adversely affects children more than any other group. Entry of multi-national
corporations into industry without proper mechanisms to hold them accountable has lead to
the use of child labour. Lack of quality universal education has also contributed to children
dropping out of school and entering the labour force. A major concern is that the actual
number of child labourers goes un-detected. Laws that are meant to protect children from
hazardous labour are ineffective and not implemented correctly.

A growing phenomenon is using children as domestic workers in urban areas. The conditions
in which children work is completely unregulated and they are often made to work without
food, and very low wages, resembling situations of slavery. There are cases of physical,
sexual and emotional abuse of child domestic workers. The argument for domestic work is
often that families have placed their children in these homes for care and employment. There
has been a recent notification by the Ministry of Labour making child domestic work as well
as employment of children in dhabas, tea stalls and restaurants "hazardous" occupations.

According to HAQ: Centre for child rights, child labour is highest among schedules tribes,
Muslims, schedule castes and OBC children. The persistence of child labour is due to the
inefficiency of the law, administrative system and because it benefits employers who can
reduce general wage levels. HAQ argues that distinguishing between hazardous and non
hazardous employment is counter-productive to the elimination of child labour. Various
growing concerns have pushed children out of school and into employment such as forced
displacement due to development projects, Special Economic Zones; loss of jobs of parents in
a slowdown, farmers' suicide; armed conflict and high costs of health care. Girl children are
often used in domestic labour within their own homes. There is a lack of political will to
actually see to the complete ban of child labour.

Effectiveness Of Anti Dowry


Legislation
The issue relating to the deep rooted evil of dowry was taken up in the CONVENTION
organized by the NATIONAL COMMISSION FOR WOMEN on the 22nd of November,
2005, at the Symposia Hall of the NASC, Pusa, New Delhi. Though the legislation, THE
DOWRY PROHIBITION ACT, 1961, aptly prohibits the giving or taking of dowry, it was
felt that the present law has been totally ineffective to curb this social evil. The convention,
which was attended by chairpersons of various State Commissions for Women, members of
NGOs’, Civil Servants as well as retired and working police officers from various states, felt
that there was a dire need to make the requisite amendments to the Act so as to make it
effective. The background note prepared by the lawyers collective as well as the inputs
provided by the NCW and other delegates was discussed and on basis of which , after
consultations with the Lawyers Collective , the following recommendations are being made
suggesting suitable amendments to the Act.

A. Justification for the proposed amendments to the definition of “Dowry” The definition of
‘’dowry’’ as at present raises the following issues: What is meant by the phrase “directly or
indirectly”? How the phrase “in connection with marriage” be defined? What time period is
envisaged by the use of the phrase “any time after marriage”? Does this definition include all
gifts and exchanges given in connection with marriage? To gather an understanding of the
coverage of this law, the definition in Section 2 has to be read in conjunction with Section 3
which provides for the penalties for the act of giving or taking of dowry. Under this
provision, exemptions are provided to the following categories of exchanges: • Presents given
at the time of the marriage to the bride without any prior demands being made for such
presents. • Presents that are “customary” in nature and of a value that is not excessive having
regard to the financial status of the person by whom, or on whose behalf such presents are
being given. • A list of all such presents have to be maintained according to the Rules
formulated under this law. It is evident from a reading of both these provisions, that the law
does not prohibit all exchanges at the time of marriage. At the same time the Act, does put in
place some safeguards to ensure that the presents given at the time of marriage are not
pursuant to any demands being made or any other form of coercion. To this extent, Section 4
of the DPA stipulates separate 8 penalties for those making any demands for dowry.
Unfortunately, the DPA not only penalizes those who make demands for dowry or take
dowry but also those who give dowry. This ignores the reality of the present society wherein
the practice of dowry is so ingrained that dowry is given even without any demands made in
this regard. Parents of the bride feel compelled to give dowry in order to ensure the
“happiness” and “security” of their daughter by appeasing the in-laws by giving them dowry.

Lie Detector Test And Its


Authenticity
Polygraphy is widely criticized. Despite claims of 90% validity by polygraph advocates,  the
National Research Council has found no evidence of effectiveness. The utility among sex
offenders is also poor with insufficient evidence to support accuracy or improved outcomes in
this population.
Even using the high estimates of the polygraph's accuracy, false positives occur, and these
people suffer the consequences of "failing" the polygraph. In the 1998 US Supreme
Court case United States v. Scheffer, the majority stated that "There is simply no consensus
that polygraph evidence is reliable" and "Unlike other expert witnesses who testify about
factual matters outside the jurors' knowledge, such as the analysis of fingerprints, ballistics,
or DNA found at a crime scene, a polygraph expert can supply the jury only with another
opinion." The Supreme Court summarized their findings by stating that the use of polygraph
was "no more accurate than coin flip." In 2005, the 11th Circuit Court of Appeals stated that
"polygraphy did not enjoy general acceptance from the scientific community".[19] In 2001,
William Iacono, Professor of Psychology and Neuroscience at theUniversity of Minnesota,
concluded that:
Although the CQT [Control Question Test] may be useful as an investigative aid and tool to
induce confessions, it does not pass muster as a scientifically credible test. CQT theory is
based on naive, implausible assumptions indicating (a) that it is biased against innocent
individuals and (b) that it can be beaten simply by artificially augmenting responses to
control questions. Although it is not possible to adequately assess the error rate of the CQT,
both of these conclusions are supported by published research findings in the best social
science journals (Honts et al., 1994; Horvath, 1977; Kleinmuntz & Szucko, 1984; Patrick &
Iacono, 1991). Although defense attorneys often attempt to have the results of friendly CQTs
admitted as evidence in court, there is no evidence supporting their validity and ample reason
to doubt it. Members of scientific organizations who have the requisite background to
evaluate the CQT are overwhelmingly skeptical of the claims made by polygraph proponents.
Summarizing the consensus in psychological research, professor David W. Martin, PhD,
from North Carolina State University, states that people have tried to use the polygraph for
measuring human emotions, but there is simply no royal road to (measuring) human
emotions.  Therefore, since one cannot reliably measure human emotions (especially when
one has an interest in hiding his/her emotions), the idea of valid detection of truth or
falsehood through measuring respiratory rate, blood volume, pulse rate and galvanic skin
response is a mere pretense. Psychologists cannot ascertain what emotions one has, with or
without the use of polygraph.
Polygraphs measure arousal, which can be caused by anxiety, anxiety disorders such
as posttraumatic stress disorder (PTSD), nervousness, fear, confusion, hypoglycemia,
psychosis, depression, substance induced (nicotine, stimulants), substance withdrawal state
(alcohol withdrawal) or other emotions; polygraphs do not measure "lies". A polygraph
cannot differentiate anxiety caused by dishonesty and anxiety caused by something else.
The polygraph is inherently subjective. It relies heavily on interpretation by the examiner, so
human error (which could be caused by examiner inexperience) and bias can result in the
examiner drawing the wrong conclusion.
The Concept Of Parole

The conditional release of a person convicted of a crime prior to the expiration of that person'
s term of imprisonment,subject to both the supervision of the correctional authorities during t
he remainder of the term and a resumption of theimprisonment upon violation of the conditio
ns imposed.
Parole is the early supervised release of a prison inmate. It is usually regulated by statutes, an
d these provisions vary fromstate to state. Parole boards created by statute possess the authori
ty to release prisoners from incarceration. Parolees haveno constitutional right to representati
on in parole hearings and parole revocation hearings, but many states providerepresentation t
o impoverished inmates and parolees in such hearings.
Parole was first used in the United States in New York in 1876. By the turn of the century, pa
role was prevalent in thestates. In 1910 Congress established the U.S. Parole Commission and 
gave it the responsibility of evaluating and settingthe release dates for federal prisoners.
Parole is used for several reasons. It is less expensive to supervise a parolee than to incarcerat
e a prisoner. A person onparole has an opportunity to contribute to society. At the same time, 
society still receives some protection because theparolee is supervised and can be revoked for 
the most minor of transgressions. Parole is also a method of rehabilitation,because it gives co
nvicts supervision and guidance during their reentry into society.
Although parole laws vary from state to state, there are some common practices. In many stat
es, the governor is chargedwith appointing a parole board. The duties of the board are to stud
y the case histories of persons eligible for parole,deliberate on the record, conduct hearings, g
rant parole, craft the conditions for parole, issue warrants for persons chargedwith violation o
f parole, conduct revocation hearings, and grant final discharge to parolees.
States may charge parolees a small monthly fee to offset the costs of supervision. For exampl
e, in Kentucky, a person onparole for a felony must pay $10 per month while under active su
pervision, but no more than a total of $2,500; for amisdemeanor parole, the fee is not less tha
n $10 per month and no more than $500 in all. Failure to pay these fees, withouta good reaso
n for the failure, may result in revocation of the parole, but revocation may not be based on fa
ilure to pay a feeunless the board first has held a hearing on the matter.

For lesser offenses, the determination of eligibility for parole is often left to the parole board. 
Parole will be ordered only if itserves the best interests of society. Parole is not considered to 
be a method of reducing sentences or awarding a pardon.
For more serious offenses, most states limit the discretion of the parole board. Parole statutes 
in these states generallyidentify a specified period of imprisonment that must be served befor
e a prisoner is eligible for parole. The time periods areoften a percentage of the prison senten
ce, and they can vary according to the crime for which the prospective parolee wasconvicted. 
In Arkansas, for example, persons convicted of first-degree murder, Kidnapping, aggravated 
Robbery, rape,and causing a catastrophe are not eligible for parole until they have served 70 
percent of their prison sentence (Ark. CodeAnn. § 16-93-611). For lesser felonies, persons m
ust serve at least one-third of their sentence before becoming eligible forparole (Ark. Code A
nn. § 16-93-608).
Parole has come under increasing attack since the 1970s. A powerful "truth in sentencing" m
ovement has been successfulin many states. Truth in sentencing is a catchphrase used to descr
ibe the notion that convicted criminals should serve theentire prison sentence handed down b
y the court. Many states have abolished parole entirely. In Virginia, for example, afelon who 
was committed after January 1, 1995, is ineligible for parole (Va. Code Ann. § 53.1-165.1). A 
felon may haveprison time reduced from his sentence for good behavior, but in any case, the f
elon must serve at least 85 percent of theprison sentence.

Honour Killing

An honor killing or honour killing (also called a customary killing) is the murder of a
member of a family or social group by other members, due to the belief of the perpetrators
(and potentially the wider community) that the victim has brought dishonour upon the family
or community. Honour killings are directed mostly against women and girls. The perceived
dishonor is normally the result of one of the following behaviors, or the suspicion of such
behaviors:

a. dressing in a manner unacceptable to the family or community,


b. wanting to terminate or prevent an arranged marriage or desiring to marry by own
choice,
c. engaging in heterosexual sexual acts outside marriage, or even due to a non-sexual
relationship perceived as inappropriate, and
d. engaging in homosexual acts. Women and girls are killed at a much higher rate than
men.

Recently, there has been a spate of honor killings in the country and this has led the
government to decide what laws should be put in place to stop this heinous crime. Also
whether the Hindu Marriage Act should be reformed or not is being debated. So what is the
definition of honour killing and what leads families to commit this heinous crime so that they
can protect their family honour? Is this practice prevalent only in India or is it prevalent in
other parts of the world also? What are the misconceptions regarding honour killing and what
are the solutions to stop this crime from spreading? These are the questions that society find
the answer…
In my opinion Honour killing is defined as a death that is awarded to a woman of the family
for marrying against the parent's wishes, having extramarital and premarital relationships,
marrying within the same gotra or outside one's caste or marrying a cousin from a different
caste. Honour killing is different from the dowry deaths that are also a very common practice
in India as, in the case of dowry deaths, the perpetrators of that action claim that they have
not been given enough material rewards for accepting the woman into the family. In that
case there is a lot of harassment from the in-laws and more times than one, it has been noted
that the wife commits suicide rather than being killed by the in-laws, though it has to be said
that she has been mentally killed, if not physically. We have had a tradition of honour killing.
This tradition was first viewed in its most horrible form during the Partition of the country in
between the years 1947 and 1950 when many women were forcefully killed so that family
honour could be preserved.

Now, there are various reasons why people or family members decide to kill the daughter in
the name of preserving their family honour. The most obvious reason for this practice to
continue in India, albeit, at a much faster and almost daily basis, is because of the fact that the
caste system continues to be at its rigid best and also because people from the rural areas
refuse to change their attitude to marriage. According to them, if any daughter dares to
disobey her parents on the issue of marriage and decides to marry a man of her wishes but
from another gotra or outside her caste, it would bring disrepute to the family honour and
hence they decide to give the ultimate sentence, that is death, to the daughter. Now as has
become the norm, the son-in-law is killed as well. Sociologists believe that the reason why
honour killings continue to take place is because of the continued rigidity of the caste system.
Hence the fear of losing their caste status through which they gain many benefits makes them
commit this heinous crime. The other reason why honour killings are taking place is because
the mentality of people has not changed and they just cannot accept that marriages can take
place in the same gotra or outside one's caste. The root of the cause for the increase in the
number of honour killings is because the formal governance has not been able to reach the
rural areas and as a result. Thus, this practices continues though it should have been removed
by now.
Honesty Is The Best Policy But It Is Out Of
Fashion
Honesty is the keystone to a successful relationship that forms society. Without honesty
nobody would be able to make friendships or bond with anyone. People use this simple
method to telling the truth to build friendships and better the world. The entirety of the
judicial branch in the United States would be pointless without honesty. No trial would
conclude to a verdict if it was not for honesty. 
Honesty is always important to have at any circumstance it will make you and the people that
you have associations with feel alot better. No one likes to keep secrets and lies yet it is
natural to try benefit your self by simply lying but in the end it always make the issue worse.
Comment when people make white lies they feel that it is harmless but it could lead to a bad
friendship without keeping things honest. 
Honesty is out of fashion nowadays because people choose to deceit others nowadays.
Honesty is hardly choosen by people because an honest may not get success in life because
the path of honesty is difficult but long lasting , the path of dishonesty is easy but temporary.
An honest person hardly receives respect for his earnings if they are few but earned by
honesty because peole respect those who are rich even if dishonest means.

Success Is A Bastard And Failure Is An


Orphan
Many people will seek credit for success, but few will accept responsibility for failure.
Success is a thing that is desired by everyone and failure is hated by everyone because
successful person becomes dear to everyone and failed one is neglected. When a project is
successful, many people will come to take its credit but everyone is afraid of accepting the
failure. The world knows it very well that every successful person became successful after
facing failure in life. Failure is also a part of being successful because no person becomes
successful without so many attempts .one should not fear failure because every trial or
attempt teaches us something it teaches us nit to repeat the same mistakes in the next trial or
attempt ,no trial gets wasted. If a person becomes successful in first attempt then he will
make some mistakes in future because he does not know about the failure and the lessons that
failure teaches us. Failure makes a men stubborn and it gives strength to work until you get
success. Success has many fathers brcause everyone is ready to accept it but failure is
accepted by none.

It’s Never Too Late To Mend

There’s an old saying: You can’t teach an old dog new tricks. Well, most of the time,
whenever I’ve heard it, the one saying it has been an older person who’s trying to explain
why they can’t, or rather, won’t learn something new. However, I learned a long time ago
that you never stop learning, and it’s never too late to learn something new. You just have to
want to learn. You're never too old to change your ways. Learning is always possible. One
should not be afraid of starting or doing something new because of the fear that it is very late
because there is no specified age when you can stop learning. I was taught by my parents to
keep learning as much as i can. One should not forget that everything that we learned till
now, from walking to learning,from speaking to talking etc., was taught to us for the first
time. There is no age when we can change things. I remember the Conversation with my
friend last night when i said,
“  I still miss Tony, but it's been a year since our big fight and we haven't spoken to each other 
since” and she replied,
“Well, it's never too late to mend; why don't you call him up and apologize?That means
There is no specified time or age for changing things. You can change things whenever you
realise the need for the change and whenever you want to.

Politics Is The Last Resort for


criminals

 so many MPs in Paliament have criminal case regarding murder, attempt to murder, robbery,
dacoity, etc pending against them. Some got convicted but got free on technical ground or got
benefit of doubt and again are lin the governments. Phoolan Devi, Mukhtar Ansari, Atiq
ahmqed, Shabuddin, D P Yadav, Hari Shankar Tiwari, and countless names have glamourised
the criminal record of Indian politics. Apart from this a Prime Minister and his cabinet
minister who was also convicted in a murder case of his secretary were involved in
horsetrding to save central government. There are a number of ocassions the MLAs and MPs
from jail were brought to legislature amd parliament so as to save the Government of the day.
These have stacked blackmoney worth 10 times of India's GDP in Swiss Banks and still India
had to face balance of oaynent crisis and was humiliated by pledging its gold to Bank of
England and IMF to borrow to pay import bills. The sons of politicians are above the land's
law. They can commit murders at their free will of Jessica lals, Kataras etc and judiciary also
has a different soft law for them. They can mow any pedestrian on the Delhi, Lucknow,
Mumbai etc roads and enjoy the sadistic pleasure of the cries of dead's relatives with the
support of their political god fathers. 
These politicians count their votes on the dead bodies of common man. Yhey will create the
feuds and wedge between the people on the basis of caste, religion, language, region, etc and
aggravate to the extent there are riots and people die either in favor or against the issue then
they count the dead bodies of fors and of againsts and decide whether the issue can get them
votes. 

Pen is Mightier than the Sword


Early man lived on the strength of his muscle power. In the struggle for existence, it was the
survival of the fittest. Gradually, man become civilized and progressed in various fields. The
destinies of nations were shaped by wars. Later on man realized that the use of weapons
could not solve problems. Weapons could kill a man but could not bring about a change of
heart.Ideas have a much larger impact than violence. Force is incapable of changing the ideas
and beliefs of the people. When people are influenced by new ideas, changes occur in the
society. Ideas are propagated by writing. Brave deeds and valour shown in the battlefield are
certainly praiseworthy. But no clash of arms could achieve what great men through their
writing have archived. The invention of the written word has helped man to store and
propagate his thoughts, beliefs, and ideas. After the development of the printing press by
Johanns Guttenberg , the printed word became the most powerful medium of propagating the
same. Newspapers became a mighty weapon. Public opinion is generally built up not by clash
of arms but by the writings of great men and by newspapers. The pen has been able to make
the people standup against tyranny and injustice.Ideas are expressed through the power of the
pen. The written word makes a permanent impact on several generations. It moulds life
according to the times.
Hard Work Always Pays

No matter what you do or when you do it, hard work always pays off in the end. Hard work is
what we have to do if we plan on going or doing anything in this life. We cannot sit back and
take it easy all the time, we have to get out there and work for what we want. When we have
to put forth hard work then you know the rewards will be that much greater. I’m here to tell
you that hard work always pays off in the end. Hard work is what you have to do if you want
to achieve the rewards from the effort you put forth.Even in sports you have to work hard to
get the reward you deserve. When we won our first home playoff game you think we did that
by being lazy? No, it was months and months of hard work, and it paid off. We worked very
hard to accomplish that feat and we came out with a win. We were so happy that night you
would have thought we won the state championship. We all knew we had done something big
and something no one else at Wayne county had ever done. Are hard work had finally payed
off.I know all about hard work since this is what I have done since I started playing football.
Last year I was an all state defensive end. I earned this by busting my butt on the field and
sometimes off the field, but one thing was for sure, I was putting forth hard work. Hard work
paid off for me because after the season I had the most tackles and all district player and had
an all state before my name. I was happy for the hard work I had put forth.
Drishti Yadav

Krishna Colony, Orchha

I did my BA LL.B(HONS.) from himachal Pradesh national law university,shimla. During


myBA LL.B studies, I did internship from many places to gain knowledge and experience. I
want to be a successful person in life and want to make use of my knowledge by helping
others.

I did my 10 and 10+2 from Gyan Sthaly Plc School, Jhansi in 2012 and 2014 with 76 and
86.2% respectively. I did My LL.B(HONS.) From himachal Pradesh national law
university,shimla.

I did internship from many places such as National Green Tribunal, Bhopal,District and
sessions court,Bhopal,High court of Jabalpur and many law firms.

During my BA LL.B course iworked on many projects like discrimination against women,
Honour Killing, Judicial activism in India etc. I wrote on Anti-Dowry law in my Dissertation.

My ability and knowledge needed to perform specific tasks like good writing skills, solving
cases easily, finding evidences quickly,Analytical ability,Sound Judgement,Logical
Reasoning etc., are very good.

Some of my verbal or soft skills are Communication, Social Graces, Habits and Attitudes Are
Well maintained.

My special Skills Include my Knowlege of substantive law andlegal procedure,Client service


and legal research.

I was awarded various Awards for best skills in debating and for my best performances in
moot court compititions.

My hobbies are reading books that help me in research and meeting new people that helps me
in enhancing my communication skills.

I am an unmarried,20 years old Hindu female.

February 15,2017

Drishti yadav
Himachal Pradesh National Law University, Shimla

8th December, 2016

Amarchand Towers

216 Okhla Industrial Estate, Phase III

New Delhi 110 020

Subject: To apply for the internship Programme

Dear Sir,

I am Drishti Yadav a 1st year law student from prestigious National Law University, Shimla,
Himachal Pradesh and I am very keen to intern at the Amarchand and Mangaldas from 1 st
January to 31st January.

I have been an active member in Debating society in our University and i have won various
competitions and i am looking forward to learn more under your guidance.

I am sure that ypur renowned law firm will provide huge platform for enhancing and
polishing my legal skills. I have read about your firm and it specialises in banking , criminal
and insurance laws and these are the areas of my interest.

I Hope that you will provide me with this opportunity to work with you and your lawyers.
Thanking you for your time and consideration.

Yours sincerely,

AmDrishti Yadav

B.A.LL.B.(Hons.)

1st Year Student

Himachal Pradesh National Law University


Shimla, Himachal Pradesh

Enclosure

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