RIGHT TO INFORMATION ACT

RIGHT TO INFORMATION (सुचना का अधिकार) 

Art. 19(1) (a) of the Constitution of India provides that all citizens shall have the right to freedom of speech and expression. Further Article 19(2) restricts by stating that nothing in Art. 19(1) (a) shall effect the operation of any existing law or prevent the state from making any law in so far, as such law imposes reasonable restriction on the exercise of the right conferred by the said sub-clause.

The right to impart and receive information is a species of the right of freedom of speech and expression guaranteed under Art. 19(1) (a). Taking the Judicial verdict rendered by Hon'ble Supreme Court of India and High courts in a right perception, Indian Parliament passed the RIGHT TO INFORMATION ACT 2005, which came into effect from 15.06.2005. This enactment set out its objectives in the Preamble, which aims to promote transparency and accountability in the working of every public authority. The Act entitled the citizen to know the details of governance subject to certain limitation.

To know more about the Act, readers are advised to read the Act before they seek information, as the subject matter produced here is not exhaustive. Further they are requested to refer the judgment rendered by Hon'ble Supreme Court in the case of Akhil Bharat Goseva Sangh(3) Vs. State of A.P. and other reported in 2006 (4) SCC 162.

ANTI DUMPING LAWS

DUMPING:-


"Dumping occurs when foreign producers sell their products to an importer in the 
domestic market at prices lower than in their own national markets, or at prices below 
cost of production, the sale or importation of which injures or threatens to injure a 
domestic industry producing like or comparable products or retards the establishment of 
a potential industry. It is a form of price discrimination between two national markets."


ELEMENTS OF DUMPING:-

There are four (4) elements of dumping, namely:

· Like Product  -  product produced by the domestic industry which is identical
or alike in all respects to the article under consideration, or in the absence of such a product,
another product which, although not alike in all respects, has characteristics closely resembling
those of the product under consideration.

· Price Difference  -  amount by which the normal value (the price prevailing in the
exporting country) exceeds the export price (selling price to an importer
in the Philippines).   

· Injury -  means material injury to a domestic industry, threat of material injury or
material retardation of the establishment of a domestic industry. Injury test must
be based on positive evidence and shall involve an objective examination of both
(a) the volume of the dumped imports and the effect of dumped imports on prices in the
domestic market for like product, and (b) the consequent impact of these imports on
the domestic producers of such products.

· Causal Link  -  refers to a finding that the material injury suffered by the domestic industry is the
direct result of the importation of the dumped product.  It must be clear that the injury
suffered is directly attributable to the alleged dumping.  

ANTI DUMPING DUTY  :-

        Where any article is exported from any country or territory to India at less than its normal value then upon the importation of such article to India the central Govt. may be notification in the official gazette impose an anti dumping duty not exceeding the margin of dumping in relation to such article. For purpose of identification, assessment and collection of Anti Dumping Duty on dumped articles and for determination of injury, the Govt. has appointed Additional Secretary to the Govt. of India Ministry of Commerce as designated Authority for purpose of above rules. 

PRACTICE AND PROCEDURE     

          The anti-dumping proceedings are initiated based on an application made by or on behalf of the concerned domestic industry to die Designated Authority in the Department of Commerce for an investigation into alleged dumping of a product into India. Under the Rules a valid application can be made only by those petitioners/domestic producers who expressly support the application, and account for more than 25% of total domestic production of the like article in question. The application is deemed to have been made by or on behalf of the domestic industry, if it is supported by those domestic producers whose collective output constitutes more than fifty- percent of the total production of the like article produced by that portion of the domestic industry expressing either support for or opposition as the case may be, to the application.

         However, such producers may exclude those who are related to die exporters or importers of the alleged dumped article or are themselves importers thereof. In other words, a domestic producer who is related to the exporter or importer of die dumped article or is himself an importer thereof may not be treated as part of the domestic industry even if he files or supports an anti-dumping petition.

                             The interested parties to an dumping investigation include:

                             The domestic industry’ on whose complaint the proceedings are initiated;

                             The exporters or the foreign producers of the like articles

                              subject to investigatioN

;

                             The importers of the same article allegedly dumped into India;

          The Government of the exporting country/countries.                               

Juvenile......

Juvenile means, "Juvenile status, or minor (law), prior to adulthood".

The Juvenile Justice (Care and Protection of Children) Act, 2000

 The Act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purviewof the juvenile justice system. This law, brought in compliance of Child Rights Convention, repealed the earlier Juvenile Justice Act of 1986.

  

THE PREAMBLE OF THE ACT:-

           An Act to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to and disposition of, delinquent juveniles.

Section 21 Says(Amendment 2006):-

      “Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published: Provided that for any reason to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees”.( Courtesy Wikipedia)

SUPREME COURT OF INDIA ON JUVENILE JUSTICE ACT, 2000:-

                                    The Act envisaged treating minors on the wrong side of law with compassion and to put them through a reformative programme to ensure they do not slip into the big bad world when they grow up. That was the precise reason why the Act contemplated proper remand homes, juvenile justice boards and child welfare committees in every district.

                But, a Bench comprising Justices R V Raveendran and H L Gokhale had a very poor opinion about the implementation of the law after senior advocate Colin Gonsalves pointed out that only four states and Union territories -- Daman & Diu, Meghalaya, Chandigarh and West Bengal -- have fully implemented the Act.

The response of additional solicitor general P P Malhotra that "it is for the the states to implement the Act and the Centre had nothing to do with it" did not help much in assuaging the anguish of the Bench. It said: "Implementation of the Act is in a pathetic condition and the Centre says it has nothing to do with it. Why do you enact a law then?"

This terse remark made Solicitor General Gopal Subramaniam to step in and assure the court that he would devise a mechanism in consultation with the Centre and the state governments for proper implementation of the socially beneficial law. "The Act needs to be implemented in a completely modern basis with sensitization of every member of the JJ Board," he said.

Referring to Section 4 of the Act requiring each state to constitute a Juvenile Justice Board in every district, the Bench said that was the most important part of the legislation, but the Act has been made a mockery. The court granted four weeks time to the SG to report back about the results of his efforts towards implementation of the law. (courtesy TOI).

JUDGMENTS OF HON'BLE SUPREME COURT OF INDIA:

1. Sanjay Suri & Anr Vs Delhi Administration, Delhi & Anr [1988, Supp SCC 160]

2. Sanat kumar Sinha Vs State of Bihar & others [1991(2)]

3.state of karnataka Vs Harshad [2005 CriLJ 2357(karnataka)]

4. Rajinder Chandra Vs State of Chhatisgarh & Anthr [2002 SCC287]

5. Ravinder Singh Gorkhi Vs State of U.P [(2006)5SCC 584]

THE FACTS BEHIND JUVENILE JUSTICE ACT:-

            The Juvenile Justice (Care and Protection of Children) Act, 2000 is more in line 

with the recent thinking and the emerging need of the treatment and handling 

of juveniles. The objective of this legislation is to ensure the care, protection and 

development needs of the children who are either neglected or have come into 

conflict with law constituting delinquency. 

The status of implementation of JJ Act has been notified on the website of the 

Ministry of Child and Family Welfare. The information columns of different 

states show their progress mainly about establishment of various institutions 

as per provisions of this Act. While this information merely gives a very primary 

idea about basic preparation made in these states, it definitely does not provide 

any clue about the quality and effectiveness of the enforcement of this Act.   

Even at the Ministerial level (cited at : http://wcd.nic.in/welcome.html) the 

state of implementation of juvenile justice was not found satisfactory. It is 

stated “…….these policies and legislations for children have on the whole 

suffered from weak implementation, owing to scant attention to issues of child 4

protection, resulting in scarce resources, minimal infrastructure, and 

inadequate services to address protection problems.” 

THE BOTTLE NECK OF J.J.ACT:

1.  The act fails to express the minimum age, below which the Act would not be 

applicable. The definition of juvenile delinquency provides very little scope for 

pettyacts to be dealt within the community.  

2 There is no concept of parental responsibility in generating situations ripe for 

delinquency under this Act. In many cases, the parents place the children in 

situations where their exploitation and abuse become imminent.  

3. The education, training and recreation of children, who are in observation 

homes, have not been provided for. Besides, basic or school education, even 

higher education and training of these children should be considered in this 

Act.  

4. The Act fails to provide for procedural guarantees like right to counsel and 

right to speedy trial 

5. The Act does not take into account the orders and directions of the Supreme 

Court.  

6. It empowers the Juvenile Justice Board to give a child in adoption; even 

though, it is the Child Welfare Committee that deals with children in need of 

care and protection. The Act is silent on inter-country adoption. There is no 

linkage between the Juvenile Justice Act 2000 and the other legal provisions 

relating to children, for instance child labor, primary education, sexual abuse, 

adoption, disabilities and health. 

7. Juvenile Justice thrives under the shadow of the adult criminal justice 

agencies and institutions (like the police). Moreover, the juvenile Justice 

adjudicatory cadres are drawn from the pool of the magistrates from the state. 

The Act does not cast any obligation on the part of the state. 

We the People of India..

searching for Independence, in Independent India,

While being dependent.....

We the People of India,

Chauvinistic and remorse in words of being part of India,

mournful, horrified ready to be stagnant,

While feeling to be Independent...

We the People of India,

Centralizing the era of revolution,

cursing in extremists in optimistic way,

still feeling to be Independent....

We the People of India,

solacised like corpses, giving words of allayed and hearty despaired in sense,

implicative that nothing remains permanent,

But with materialistic feeling to be Independent...

We the People of India,

Solomenly resolve not only to constitute,

but also to institute the feeling of being sole of India,

and

to prove oneself which was obscurantist,

which other say is latent, confessing with ourself as not being dependent,

but Independent ....

We the People of India....

A Legend Nani Palkhivala born on 16-1-1920 in Bombay whom his parents christened Nanabhoy. Being from a middle class family he trans gently and reluctantly showed as to how a proper juncture between between Bar and Bench, a proper collaboration between Law, Justice and Morality and also How a mute constitution can roar without the jack of unprecedented and unrealistic stigmas in the so called name of "Parliamentarian".

The Second Phase of Nani was joining the chambers of the legendary Sir Jamshedji Kanga in Bombay in 1944. He was pertinent to consider the matter related with Tax Laws, Land Acquisition and Rent control in the Judicature of Bombay High Court. Those familiar with the legal profession know that a lawyer often makes his mark not only by the cases he wins but by the quality of his performance in cases where the ultimate result is not favourable.Abdul Majid and Heman Alreja were two such cases in which Nani distinguished himself in 1950-51.

A case of constitutional significance which Palkhivala argued in 1954 and won before the Bombay High Court was the one concerning the interpretation of Article 29(2) and Article 30 of the Constitution. It related to the right of Anglo-Indian schools regarding admission of students in schools teaching through the medium of English. The impugned circular issued by the State of Bombay was struck down by a Division Bench of the Bombay High Court presided over by that great Chief Justice, M.C. Chagla. Chagla was Nani’s most favourite Judge. He considered Chagla a great Judge whose burning desire was to do real justice and, whose judgments in Nani’s words, “had no dark nooks or misty crannies”.

The State of Bombay carried the matter to the Supreme Court which upheld the judgment of the Bombay High Court and ruled that the impugned circular violated the fundamental right guaranteed under Article 29(2) of the Constitution. Nani argued the case brilliantly before the Supreme Court. He was hardly ten years at the Bar.

We can justify the real feeling of what he made us to understand as to what the Constitution is? In his words:

“A constitution which is unchanging and static, it does not matter how good it is, how perfect it is, is a constitution that has past its use. It is in its old age already and gradually approaching its death. A constitution to be living must be growing; must be adaptable; must be flexible; must be changeable … as society changes, as conditions change, we amend it in the proper way.”

We can admire the realistic essence of what the great legend has tried to teach us.As said by Nani, we live in times when there are no men and women to match our Himalayan peaks, when there is a crisis of moral leadership, when our political system and public life have more hypocrites, wheeler-dealers, schemers and cowards than at any time in our history. Nani was one constant shining star in the dark firmament. His passing away is indeed a real loss to the nation. As I survey the current scene in our public and private life, I am impelled to say: Nani thou shouldst have been living at this hour.

The triumph of A.K.Gopalan, Keshvanand Bharti , and Minerva Mills made the legislatures to think that Constitution is a living essence which takes breath which looks with his eyes equality and equal protection and which has all that is required for smooth wellbeing of his citizens and no one has authority to even hinder its Basic Structure which is his prominent part.

In words of Soli J. Sorabjee Palkhivala was of the firm view that some minimum qualifications should be prescribed for those who seek election to Parliament. His point was that you need years of training to attend to a boiler or to mind a machine; to supervise a shop floor or to build a bridge, to argue a case in a court of law or to operate upon a human body. But he was shocked that to steer the lives and destinies of millions of our fellow-men, there is no requirement of any education or equipment at all. As a man in person he believed in and practised the essence of Zoroastrian religion to which he belonged, namely, “Humata, Hukhata, Huvarashta”—good words, good thoughts, good deeds.

In words of Soli J. Sorabjee Palkhivala Nani's has departed from our midst. But he can never leave us, leave our minds and hearts where he is firmly enthroned. And it behoves us all, to carry forward the Palkhivala legacy of truth, goodness and beauty, deriving inspiration from his thoughts, his deeds and the many-splendoured life of this Man for All Seasons, the great NANI PALKHIVALA.

"It's my gratuitous thanks to Shri Soli J. Sorabjee for his intellectual support of his article because of which it won't be possible for many of us like newcomers to know the legency of Nani Palkhiwala."

THE BACKBONE OF INDIAN'S CONSTITUTION

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN DEMOCRATIC REPUBLIC

and

to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the unity of the Nation.

This is the preamble of India's Constitution approved by the Constituent Assembly in November 26 1949 and came into effect as supreme law of the Nation on January 26 1950.