If they are poor and helpless, they languish in jails for long periods either because there is no one to bail them out or because there is no one, to think of them. The very pendency of criminal proceedings for long periods by itself operates as an engine of oppression. Quite often, the private complainants institute these proceedings out of oblique motives. Even in case of offences punishable for seven years of less — with or without fine — the prosecutions are kept pending for years and years together in criminal courts.
In a majority of these cases, whether instituted by police or private complainants, the accused belong to poorer sections of the society, who are unable to afford competent legal advice. Instances have also come before courts where the accused, who are in jail, are not brought to the court on every date of hearing and for that reason also the cases undergo several adjournments.
Investigations, under norms stipulated by the Code of Criminal Procedure, lead to a final report that can either lead to a no-offence situation or a charge-sheet. First, there is the natural conclusion that the number of judges and courts needs to be increased. As mentioned earlier, the total number of courts right now is 12, In its th report , the Law Commission stated that the number of judges per million population should increase from On 31st December , the sanctioned strength in district and subordinate courts was 15, If the 50 target is accepted, this works out to an additional 98, judges.
On 22nd April , the High Courts had a sanctioned strength of judges and a working strength of In similar vein, one requires additional High Court judges.
One might argue that the judge load can be higher than to and fewer courts and judges will suffice. However, a judge load of more than is unlikely to be realistic. Working with working strengths rather than sanctioned strengths, the point is that every High Court except Delhi, Karnataka, Gujarat and Sikkim has a judge load higher than Orissa has a staggering figure of 13, and Madhya Pradesh, Allahabad and Chhattisgarh also have numbers more than For lower courts, the number is more than in Gujarat, Calcutta and Allahabad.
The upshot is that even if one does not require 98, judges, one probably requires around 50, Hence, there is a colossal figure of Rs , crores, with annual recurrent expenditure of Rs 50, crores. Second, this raises the issue of financial autonomy for the judiciary. The point about planning and budgetary exercises being undertaken without consulting the judiciary is a valid one, though since , the expenditure on judicial administration has become a Plan subject Since , there has also been a centrally sponsored scheme CSS for improvement of infrastructure.
The National Commission set up to review the Constitution also flagged paucity of funds, both through the Planning Commission and the Finance Commission, and recommended planning and budgetary exercises through a national and State-level Judicial Councils. However, accepting that there is a financial problem is one thing. Arguing that there should be complete financial autonomy is another. Without firm evidence that the judiciary has sought to reduce pendency, the argument for financial autonomy will have few takers.
For instance, the judicial appointment and promotion process is de facto in the hands of the judiciary. Third, there are procedural improvements required. While the Code of Civil Procedure was amended in and , there is still scope for improving orders issued under the code for issues like written statements, costs, examination of parties, framing of issues, evidence on affidavits and ex-parte injunctions.
Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Readers of this handbook will gain a comprehensive look at criminology, criminal justice, and victimology in the South Asian region, including processes, historical perspectives, politics, policies, and victimization.
This collection of chapters penned by scholars from all eight of the South Asian nations, as well as the US, UK, Australia, and Belgium, will advance the study and practice of criminology in the South Asian region and carry implications for other regions. It is essential reading for students and scholars of South Asian criminology, criminal justice, and politics. It deals with the transformation of both the definition and practice of peace, showing how it has now taken the domain of human rights into its fold.
Through experiential articles on the themes of ideas, laws, institutions, and movements, this collection reveals how people's struggles against specific forms of institutionalised violence take the form of calls for 'peace'.
It brings together hitherto unpublished writings on peace and human rights. Saha outlines a novel way to study the colonial state as it was experienced in everyday life, revealing a complex world of state practices where legality and illegality were inseparable: the informal world upon which formal colonial power rested.
Book Summary: Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk.
Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations. Book Summary: Legislation is one of the most important tools for empowering children.
It reflects the commitment of the state to promote an ideal and progressive value system. Recent years have seen several key developments in the law, policy, and practice related to child rights. Significantly, with the adoption of the United Nations Convention on the Rights of the Child in , a rights-based approach has acquired prominence in the child rights discourse across the world. The book analyses the laws in the light of court judgments and policy initiatives taken in India.
It also examines the interventions and strategies employed by non-governmental organizations in recommending legislative reforms in support of children. This fully revised third edition focuses on the new legal developments in India—such as the Juvenile Justice Care and Protection of Children Act, ; the new Central Adoption Resource Agency guidelines; the Right of Children to Free and Compulsory Education Act, ; and the National Food Security Act, —thus attempting to integrate the law in theory and field practice.
Book Summary: The Encyclopedia of Security Management is a valuable guide for all security professionals, and an essential resource for those who need a reference work to support their continuing education. In keeping with the excellent standard set by the First Edition, the Second Edition is completely updated.
The Second Edition also emphasizes topics not covered in the First Edition, particularly those relating to homeland security, terrorism, threats to national infrastructures e. Fay also maintains a strong focus on security measures required at special sites such as electric power, nuclear, gas and chemical plants; petroleum production and refining facilities; oil and gas pipelines; water treatment and distribution systems; bulk storage facilities; entertainment venues; apartment complexes and hotels; schools; hospitals; government buildings; and financial centers.
The articles included in this edition also address protection of air, marine, rail, trucking and metropolitan transit systems. Completely updated to include new information concerning homeland security and disaster management Convenient new organization groups related articles for ease of use Brings together the work of more than sixty of the world's top security experts.
The edited volume offers a unique selection of materials suitable for teaching in the areas of children, childhoods, young people, families, and education in a global context, as well as specific aspects of international development and social policy.
While the focus of the project is conceptual rather than practical, the holistic understanding of childhoods that it encourages should also enable practitioners to better ensure that they are improving the lives of the children. Book Summary: The structure of judiciary, the attitude of its organs, and the judicial process have an important bearing on the behaviour of the accused. The more a person is crushed in the judicial process, the less are his chances of resocialization.
This book examines the role of judiciary in criminal justice system in India. Taking a close look at the judicial approach towards investigating a crime, it makes a comparative study of legal aid in England, USA and India. It further analyzes to what extent the organs of judiciary influence the correctional programmes meant for the rehabilitation of the offenders. Also, it presents an elaborate discussion on access to justice and judicial reforms, court and case management,and the scenario of backlog of cases.
Author : Bonnie L. Green,Matthew J. Friedman,Joop de Jong,Susan D. Solomon,Terence M. Keane,John A. Book Summary: With traumatic stress an increasing global challenge, the U. This volume addresses this global perspective, and provides a conceptual framework for interventions in the wake of abuse, torture, war, and disaster on individual, local, regional, and international levels. To be useful to both practitioners and policymakers, the book identifies model programs that can be implemented at every level.
Book Summary: This volume brings together important and original perspectives from South Asia on the relationship between violencean increasingly important issue in multicultural societiesand the process of othering. The contributors state that societies create 'others' through deliberate acts of selection over a period of time. The objective of the process of othering is to deny rights and privileges that one sets for one's own group. This volume affirms that central to the understanding of violence in any society is the understanding of othering processes.
Violence and nonviolence are influenced by the nature of othering processes as well as the kinds of others in a society. Groups engaged in mutual othering are also the ones that are often involved in violent relationships. Renowned scholars from diverse fields provide multidisciplinary perspectives on violence and othering, discussing the concepts of violence and nonviolence in multicultural societies, communal harmony, constructions of the other, truth commissions, state censorship of 'sensitive' issues, fundamentalism and secularism in multifaith societies, and specific cases from recent violence-prone areas.
This volume focuses on the South Asian, and more specifically, the Indian context, but is relevant for researchers seeking to understand these issues anywhere in the world. Book Summary: Myriad forms of communication occur within the criminal justice system as judges and attorneys speak to juries, law enforcement officers interact with the public, and the news media presents stories of events in courtrooms. Hindrances abound, however.
Law enforcement officers and justice system personnel often encounter challenges that affect their. Book Summary: The twentieth century witnessed not only the devastation of war, conflict, and injustice on a massive scale, but it also saw the emergence of social psychology as a discipline committed to addressing these and other social problems.
In the 21st century, however, the promise of social psychology remains incomplete. We have witnessed the reprise of authoritarianism and the endurance of institutionalized forms of oppression such as sexism, racism, and heterosexism across the globe. Edited by Phillip L. Hammack, The Oxford Handbook of Social Psychology and Social Justice reorients social psychology toward the study of social injustice in real-world settings. The volume's contributing authors effectively span the borders between cultures and disciplines to better highlight new and emerging critical paradigms that interrogate the very real consequences of social injustice.
United in their belief in the possibility of liberation from oppression, with this Handbook, Hammack and his contributors offer a stirring blueprint for a new, important kind of social psychology today.
The editors consider it a critical event, or rather critical media event that needs to be contextualized within a rapidly changing, diversifying and globalizing Indian society which is as much confronted with new ruptures, asymmetries and inequalities as it may still be shaped by the old-established structures of a patriarchal social order. Book Summary: This book examines the prevailing legal discourse surrounding domestic violence law in India. It investigates the myths, patriarchal stereotypes, and misconceptions that undermine the process of justice and dilute legal provisions to the detriment of survivors.
The volume: Develops arguments based on legal case studies and draws extensively on knowledge from various fields of study, as well as the experience of women survivors.
Examines fallacies within the legal framework through a study of strategic lawsuits against public participation suits within the Indian context.
Proposes measures for a fair and more gender inclusive legal system that focuses on facilitating access to justice. Suggests that emphasis be laid on establishing the rule of law and eliminating the culture of violence. It will also be of interest to NGOs, activists, and lawyers.
Book Summary: This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states.
The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor Timor Leste , and the Internationalised Panels in Kosovo.
This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.
Book Summary: This book provides an anthropological exploration of the ways in which crime is perceived and defined, focusing on notions of truth, intentionality, and evidence.
The chapters contain rich ethnographic case studies drawn from work in the Middle East, Africa, India, Mexico and Europe. A variety of instances are discussed, from court proceedings, police reports and newspapers to moments of conflict resolution and reconciliation.
Through analysis of this material, the authors reflect on how perception of an act as a crime can differ and how the definition of crime may not be shared by all societies.
The approach takes into consideration local standards as well as social, legal and contextual constraints. Book Summary: For a free day online trial to this title, visit www. The Encyclopedia of Victimology and Crime Prevention brings together in one authoritative resource the dispersed information and knowledge on both victimology and crime prevention.
With nearly entries, this two-volume set moves victimology and crime prevention one step further into recognized scholarly fields whose research informs practice and whose practice informs research. This is a welcome addition to any academic library.
The availability in print and electronic formats provides students with convenient, easy access wherever they may be. Book Summary: Drawing on original research from the Women, Family, Crime and Justice research network, this edited collection sheds new light on the challenges and experiences of women and families who encounter the criminal justice system in the UK.
Each contribution demonstrates how these groups are often ignored, oppressed and repeatedly victimised. The book addresses crucial issues including short-term imprisonment, trauma-specific interventions, schools supporting children affected by parental imprisonment and visibility and voice in research.
0コメント