Name of Student : Shivika Bagga

Roll Number : 34

Answer 1:

BACKGROUND

The state of Maharashtra in 1981 and the Bombay Municipal Corporation decided to evict the
pavement dwellers and those who were residing in slums in Bombay. According to that, the
Chief Minister of Maharashtra decided to evict slum dwellers and pavement dwellers out of
Bombay and to deport them to their place of origin. This was done mainly because of safety,
health, and traffic congestion-related reasons. The eviction was to proceed under Section 314
of the Bombay Municipal Corporation Act 1888. On hearing about the Chief Minister’s
announcement they filed a writ petition in the High Court of Bombay for an order of injunction
restraining the officers of the State Government and the Bombay Municipal Corporations from
implementing the directive of the Chief Minister. The High Court of Bombay granted an ad
interim injunction to be in force until July 21, 1981. Contrary to agreement, on July 23, 1981,
petitioners were huddled into State Transport buses for being deported out of Bombay.

ISSUES

 Whether eviction of slum dweller infringement of their right to livelihood which in

turn can be regarded as infringement under Article 21 of the Constitution?

 Whether action taken by the State Government as well as Bombay Municipal

Corporation is in derogation with the provisions contained in Article 19 and Article
21 of the Constitution of India?

 Whether Section 314 of Bombay Municipal Corporation Act, 1888 which prescribes
the procedure for removal without any prior notice, unreasonable and arbitrary?

 Whether pavement dwellers are “trespassers” under the Indian Penal Code (IPC)?

RULES

 Constitution of India
Article 14: Right to equality before law. It guarantees all people the right to equality before the
law & equal protection under the law.

Article 19: Freedom of speech and expression; (e) to reside in any part of the territory of India;
and

Article 21: Right to life

Article 32: Constitutional Remedies

 Indian Penal Code

Section 441: Whoever gets into or stays on property in the ownership of someone else with the
intent to perform an offence or to persecute, insult, or frustrate anyone who is in ownership of
that property, or who has lawfully come into or stays on that property with the intent to
intimidate, insult, or frustrate anyone who is in ownership of that property, or who has lawfully
come into or stays on that property with the intent to intimidate, insult, or bother the other
person, is deemed to have committed “criminal trespass.”

ANALYSIS

The counsel on the applicant’s behalf argued that the “right to life” guaranteed by Article
21 included the right to a means of subsistence and that he would be deprived of his livelihood
if he were expelled from his slums and its sidewalks, which would amount to a deprivation of
his right to life and is, therefore, unconstitutional.

The defense counsel stated that the pavement residents had admitted to the High Court that
they did not claim any basic right to install cabins on sidewalks or public roads and they would
not prevent their demolition after the scheduled date.

CONCLUSION

 The court observed that no one has right to occupy the roads and side walks as they are
meant for public purposes.

 Slums existing for more than 20 years should not be removed unless the land is required
for public purposes and, in this case, alternate sites must be provided.
 If slum needs to be removed resettlement should be priority.

 The court also observed that because of financial constraints such people are compelled
to live on side of the roads and hence there is no criminal trespass.
ANSWER 2: The Indian legal system, is facing multifaceted crisis that hampers its efficiency
and undermines public trust. Several interconnected challenges contribute to this crisis, posing
significant obstacles to timely dispensing justice and eroding the accessibility of legal remedies
for citizens.

1. Pendency of cases

The most pressing issue as of now is the number of case which are pending for disposal in
various courts throughout the length and breadth of the country. The number of cases is so
large that people are not getting timely justice and as it is rightly said that justice delayed is
justice denied. Apart from this because the procedure is so long and tiresome that people lose
of faith in the effectiveness of the legal system.

2. Elongated Judicial Procedure :

Legal proceedings, court trials, or the overall legal process extends over an extended period,
often beyond what is considered reasonable or efficient. This phenomenon can have significant
implications for individuals involved in legal disputes, the administration of justice, and the
overall functioning of the legal system. Elongated judicial procedures can impede access to
justice, especially for individuals with limited resources. Prolonged legal battles may result in
financial strain, making it challenging for some parties to sustain the costs associated with a
lengthy legal process.

3. Inefficiency in terms of funds and infrastructure

Inadequate funds can lead to a shortage of judges, support staff, and other essential personnel.
This shortage can result in backlogs of cases, delays in court proceedings, and an increased
workload for existing staff. Inefficiencies arise when courts lack funds to invest in modern
technology and updated systems. Outdated infrastructure can lead to manual and time-
consuming processes, hindering the efficiency of the judicial system. The inefficiency caused
by financial constraints contributes to delayed justice. Backlogs of cases, prolonged court
proceedings, and delayed judgments adversely impact litigants and erode public confidence in
the legal system. Inadequate funding and outdated infrastructure further compound the crisis.
Insufficient resources for courts, a lack of technological integration, and a shortage of judges
and support staff impede the smooth functioning of the legal system.
4. Access to Justice

Access to justice is a fundamental principle that ensures individuals have the ability to seek
legal remedies and participate in legal processes. However, geographical barriers can
significantly impact the accessibility of justice for certain populations. Geographical barriers
are often pronounced in rural and remote areas where legal infrastructure, including courts and
legal aid services, may be scarce. Residents in these areas may face challenges in physically
reaching courts, legal assistance centers, or government offices. Geographical barriers can
result in a lack of legal professionals in certain regions. Individuals residing in remote areas
may struggle to find local lawyers, making it difficult for them to access legal representation
when needed.

5. Complexity and Length of Laws

Lengthy and complex laws can be challenging for individuals to access and comprehend. This
lack of accessibility may lead to a gap in understanding legal rights and obligations, particularly
among those without legal training. Complex laws often require legal professionals to interpret
and navigate them effectively. This reliance on legal expertise may create barriers for
individuals who cannot afford legal representation or lack access to legal assistance. The
complexity of laws can contribute to delays in legal processes. Lengthy statutes and intricate
legal frameworks may result in prolonged court proceedings and time-consuming legal
research, hindering the timely resolution of cases.

6. Judicial Vacancies

More cases are pending in India as such we need more judges who can adjudicate on such
matters. But the Persistent vacancies in judicial positions across various levels exacerbate the
crisis. The shortage of judges impedes the system's capacity to handle cases and contributes to
extended delays in the adjudication process.

7. Archaic Laws

The retention of archaic laws, out of sync with contemporary societal values, poses challenges
in addressing evolving legal and social issues. The presence of obsolete statutes introduces
inconsistencies and complexities in the legal landscape.
8. Political Interference

Concerns regarding political interference in the functioning of the legal system have surfaced.
The independence of the judiciary, a cornerstone of a robust legal system, is crucial for
maintaining public trust and confidence.

9. Legal Education Challenges

Variances in the quality of legal education, outdated curricula, and a growing gap between
academic learning and practical skills contribute to the crisis. Enhancing the quality of legal
education is imperative for producing competent legal professionals.
ANSWER 3:

Saadat Hasan Manto's story "The New Constitution" provides a poignant exploration of the
complex relationship between law and justice in the context of post-colonial India. Manto, a
master storyteller known for his stark portrayal of societal issues, delves into the lives of
ordinary people to unravel the impact of legal changes on their existence.

1. Legal Changes and Individual Lives:

The story reflects the transformative impact of legal changes, symbolized by the introduction
of a new constitution, on individual lives. Manto intricately weaves together the narratives of
characters who grapple with the promises and paradoxes embedded in the legal framework.

2. Justice as an Aspirational Ideal:

The narrative underscores the aspiration for justice embedded in the new constitution.
However, Manto subtly questions whether the legal ideals articulated in the constitution
translate into tangible justice for individuals, particularly those on the margins of society.

3. The Dichotomy Between Law and Social Realities:

Manto skillfully navigates the dichotomy between legal provisions and the ground realities of
society. While the new constitution represents a leap towards progress, the story suggests that
societal attitudes, prejudices, and power dynamics continue to shape the actualization of justice.

4. Irony and Satire as Literary Devices:

The story employs irony and satire as literary devices to highlight the contradictions between
legal rhetoric and the lived experiences of characters. Manto's use of these elements prompts
readers to critically reflect on the sincerity and efficacy of legal reforms.

5. Individual Agency Within Legal Systems:

Through the characters, the narrative contemplates the role of individual agency within legal
systems. Manto suggests that the effectiveness of legal changes is contingent on how
individuals engage with and uphold the principles outlined in the constitution.
6. Unravelling Social Injustices:

While the legal framework aims to address injustices, the story unravels how deeply ingrained
social injustices persist. Legal changes, while significant, may not automatically dismantle
systemic inequalities, requiring a nuanced understanding of the intersections between law and
society.

7. The Human Impact of Legal Shifts:

Manto humanizes the impact of legal shifts by narrating the stories of ordinary people. This
approach invites readers to empathize with characters and understand justice not just as a legal
concept but as a force that shapes the destinies of individuals.

8. Justice as a Work in Progress:

The story suggests that justice is an ongoing process, a "work in progress," and legal reforms
alone may not suffice. Manto encourages readers to question whether a new constitution can
truly bring about justice without a simultaneous shift in societal attitudes and power structures.