Ethics

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Access to Justice: Myth or Reality
Waseeq ul Rashid
B.A.LLB 9th Semester Roll No: 26
INTRODUCTION
(i) CONCEPT OF JUSTICE

Since the dawn of human civilization, in the whole range of our
legal, political and moral theory, the notion of justice has always
occupied a central place. All attempts to define the term precisely,
scientifically and exhaustively have faced a baffling problem to
scholars of all hues. Consequently on account of its
multidimensionality, its nature and meaning has always been a
dynamic affair. However, notwithstanding the problem of defining
the term Justice, precisely, scientifically and exhaustively, it is
submitted that “Jurisprudence cannot escape considering justice since
justice is ideally – the matter of law.
According to Roscos Pound, Social System has defined certain

things as belonging to each individual. ’Justice’ consists in rendering him those things and
not interfering with his having and using them within defined limits. But more important
than the individual justice is the social justice.
According to John Rawls, concept of justice is proper balancing between competing claims.
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The general idea of justice is that individuals are entitled in respect of each other to a
certain relative position of equality and inequality.
Justice has ever been the highest ideal of mankind. Justice, under various names governs
the world-nature and humanity, science and conscience, logic and morals, political economy,
politics, history, literature and art. Whatever name may be given to ’Justice’, it is the most
primitive in the human soul, most fundamental in society and most sacred among ideas. It
is the essence of religions and the sum total of reason, the secret object of faith, and, of
knowledge. Nothing can be imagined more universal, stronger and more complete than
justice
(ii) NATURE AND MEANING OF ACCESS TO JUSTICE

Access to justice is a basic principle of the rule of law. In the absence of access to justice, people
VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 1

are unable to have their voice heard, exercise their rights, challenge discrimination or hold
decision-makers accountable. “Access to justice”, in its general connotation, refers to individual’s
access to court or a guarantee of legal representation. Identification and recognition of grievance,
awareness and legal advice or assistance, accessibility to court or claim for relief, adjudication
of grievance and enforcement of relief, which is, certainly, the ultimate goal of a litigant public,
together form the basic features of “Access to Justice”.
Justice is not the monopoly of the privilege few. Every section of society affluent as well as
the indigent should have an access to justice. The connotation “Equal Access to Justice”
serves to focus on two basic purposes of legal system- the system by which the people may
vindicate their rights and/or resolve their disputes under the general auspices of the state.
Firstly, the system must be equally accessible to all, and secondly, it must lead to results
that are individually and socially just.
In December 2012, the General Assembly unanimously adopted the UN Principles and
Guidelines on Access to Legal Aid in Criminal Justice Systems , the first international
instrument on the right to legal aid. The UN Principles and Guidelines establish minimum
standards for the right to legal aid in criminal justice systems and provide practical guidance
on how to ensure access to effective criminal legal aid services. The United Nations assists
in the development and reform of national policies and frameworks on legal aid, and supports
capacity building of state and non-state actors who provide legal aid services in civil, criminal
and family matters.
INTERNATIONAL HUMAN RIGHTS LAWS

The Universal Declaration of Human Rights drafted in the year 1948 gave universal recognition
to these rights including the right of ‘access to justice’ in the following manner:
Art.6: Everyone has the right to recognition everywhere as a person before the law.
Art.7: All are equal before the law and are entitled without any discrimination to
equal protection of the law.
Art.8: Everyone has the right to an effective remedy by the competent national
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tribunals for acts violating the fundamental rights granted him by the Constitution or
by law.
Art.10: Everyone is entitled in full equality to a fair and public hearing by an

independent and impartial tribunal, in the determination of his rights and obligations,
and of any criminal charge against him.
Art.21: (1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country. There are
provisions in the International Covenant on Civil and Political Rights, the European
Convention and other regional conventions that underscore the importance of the
right of access to impartial and independent justice.
POSITION IN INDIA (CONSTITUTIONAL PROTECTION)

The preamble to the constitution of India speaks of justice, social and political and equality of
status and opportunity. Article 14 of the constitution provides that the state shall not deny to any
person equality before the law or the equal protection of laws. Equality means that adequate
opportunities are laid open to all. By adequate opportunities we mean equal opportunities but
not necessarily equal benefits. All of us cannot be treated in the same manner unless all of us are
equal in upbringing and education, which is unthinkable. Children who come hungry to school
cannot profit by education in the same manner as those who are well fed. The provision of
adequate opportunity is, therefore, one of the basic conditions of equality.
Equality in the administration of justice thus forms the basis of our constitution. Equality
before the law necessarily involves the concept that all the parties to the proceeding in
which justice is sought must have equal opportunity of access to Court and of presenting
their cases to the court. To remove the inequality of those who are unequal in wealth,
education or social environment, an idea of compensatory discrimination has been developed
by courts from the constitutional provisions.
The constitution also confers some socio-economic rights in the form of Directive Principles of
States Policy in Part IV of the Constitution. These principles are fundamental in governance of
the country but are not justiciable.Art.33, 39,39A, 43,43A and 46 sum up the socio-economic
facets of social justice. The Constitution recognized importance of access to justice to courts,
particularly by resort to the High Courts and the Supreme Court. The right under Article 32 to
petition the Supreme Court for enforcement and protection of fundamental rights is itself a
fundamental right. Though there are volumes speaking for the rights of individuals and their
enforceability in the courts of law, only the golden key can unlock the doors of justice. Different
strategies have to be developed to help the poor to get, the benefit of constitutional rights available
under the law of the land.
JUDICIAL ACTIVISM
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It was unfortunate for the poor that the Courts have till recent past been used for vindicating the
rights of the wealthy and affluent because only the rich people could unlock the doors of justice
with “golden key”. Now the Courts have no longer remained absolutely indifferent to the problems
of the poor. They are jettisoning the role of an impartial arbitrator and are activising themselves
for going beyond their prescribed role, to help the poor. The judges in the Apex Court and the
High Court’s now go deep into the problems of the poor and do not limit themselves to the
evidence on record. They have taken upon themselves the responsibility of solving the problems
of the poor through poor-oriented interpretation of the laws. The judiciary has become active
and instead of obstructing the legislative zeal for social welfare programmers’ as on the pretext
of violating the fundamental rights, the Courts vie with legislature in helping the poor. Now the
courts are becoming “Courts for the poor” and the struggling masses”. They have shed their
status-quo approach and are sensitizing to the need of doing justice to the poor. They have taken
upon themselves the duty to enforce the basic rights of the poor and vulnerable sections of the
society.
LEGAL AID AS A MEANS TO ACCESS TO JUSTICE

Legal Aid traditionally means providing lawyers for persons who are unable to pay fees for legal
services. Its object is to make it impossible for any man, woman, or child to be denied the equal
protection of the laws simply because he or she is poor. The idea underlying Legal Aid is that no
person should on account of poverty or lack of means suffer an injustice for the redress of which
a remedy is provided by the Courts of Law or by administrative tribunals. Legal Aid is the right
of every indigent-’ and constitutional obligation of the government. Article 39-A of the Indian
Constitution was introduced by the Constitution (42nd Amendment) Act, 1976 and it provides
that “the State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes
or in any other way, to ensure that opportunities for securing justice are not denied to any citizen
by reason of economic or other disabilities”.
Major strides were again made in the development of the jurisprudence surrounding the “right
to life” under Article 21, particularly after the landmark decision in Maneka Gandhi 1978 (1)
SCC 248. The linkage between Article 21 and the right to free legal aid was forged in the
decision in Hussainara Khatoon v. State of Bihar (1980) 1 SCC 81 where the court was appalled
at the plight of thousands of under trials languishing in the jails in Bihar for years on end without
ever being represented by a lawyer. The court declared that “there can be no doubt that speedy
trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part
of the fundamental right to life and liberty enshrined in Article 21.” The court pointed out that
Article 39-A emphasized that free legal service was an inalienable element of ‘reasonable, fair
and just’ procedure and that the right to free legal services was implicit in the guarantee of
Article 21. Justice Bhagwati stated: “legal aid is really nothing else but equal justice in action.
Legal aid is in fact the delivery system of social justice. If free legal services are not provided to
such an accused, the trial itself may run the risk of being vitiated as contravening Article 21...”
Cases of under trials as well convicted prisoners, women in protective homes, unorganized
labourers, untouchables, miseries of scheduled castes and tribes, landless agricultural labourers,
slum-dwellers etc. are taken up in PIL cases.
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ROAD BLOCKS IN ACCESS TO JUSTICE

Human society is full of inequalities. The reason may be any, but all human beings are not equal.
There may be differences of physical and mental capacities, of ability, aptitude, efficiency, skill
and talent. The society is constituted of rich and poor, masters and servants, employers and
employees, land lords and tenants, landowners and landless labour, manufacturers and consumers,
privileged and under privileged physically strong and weak. The inequalities in India mostly
based on caste structure and wealth are unnatural inequalities. Poverty and inequality have been
inherent in the Social Structure of India. Even in the present India, upper classes are enormously
rich and lower classes miserably poor. Workers who create the wealth receive the smallest
share. They have to work harder without any leisure, to meet both ends. Disparity in wealth
leads to disparity in rights and privileges. There is a natural tendency of the strong to oppress the
weaker. The exploiting wealthier classes have the tendency to suck more and more out of the
poor and the poor have no way to get justice. The Maxim
Ubi Jus ibi remedium, which means where there is right
there, is remedy. It means rights are fruitful when an
aggrieved person is able to enforce it in the court of law.
There are many stumbling blocks which deter the poor man
from moving the court of law. They may be cultural
weaknesses, educational deficiencies or economic
geographical and psychological barriers. Litigation in the
courts generally is very expensive. Though the government
has provided the machinery for dispensing justice to the
people and pays the salaries of fudges and other court
personnel and provides building and other facilities
necessary to try the cases, the litigants have to bear other
costs of settling the dispute e.g. the stamp fee, attorney’s fee and other court costs. An indigent
suffers at two ends. First he has to spend on litigation and secondly he has to lose the income for
the time spent in connection with litigation. The opportunity costs of lost wages can be prohibitive
for the indigent who is just keeping his body and soul together.
The delay generally multiplies the costs of litigation which puts great pressure on the economically
weak to forgo his claim or settle for much less than his legitimate claim. Geographical situation
of the court can also act as barrier to access. A centralized system of courts may probably save
money for the government, but it is definitely inconvenient for the litigants living at far off
places. It may become physically or economically impossible for the most of the disputants to
use the courts for small disputes. An important barrier is the lack of knowledge about the legally
enforceable right. The people specially the underprivileged have no awareness of available
facilities and how to use them.
CONCLUSION: THE WAY FORWARD

Whatever may be the law in books, the law in action results sometimes in great injustice to
the socially and economically disadvantaged section of the society. The problem of access
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to justice is deep and pervasive in India and has affected the ability of the legal system and
judicial process to respond to injustices. A range of reforms in legal judicial and institutional
needs to be initiated for dealing with delays and ensuring access to justice.
 To achieve the object of Equal Access to Justice, every section of the society has a
role to play. Lawyers, students and voluntary organizations, due to their peculiar
character have special role in this movement. Lawyers may render free legal aid and
advice in certain number of cases every year. Students especially law students have
their own place in ‘Equal Access to Justice programme’. They can help the poor in
legal problems through the law school legal services clinic.
 Voluntary organisations can identify the deficiencies in law and suggest amendments,
promote settlements amongst the people without any tensions, organise public education
on welfare laws programmes. They can act as complaint centres to receive the complaints

regarding the grievances of the people and to take, up the matter with the concerned
authorities.
 The Government attorneys and public prosecutors should not contest each adversary
case indiscriminately.
 Alternate dispute resolution mechanism like mediation, conciliation, Lok Adalat
should be encouraged.
We hope a day will come when all will have an equal access to Justice and flourish under
the cool shade of our constitution and reap the fruits of the welfare laws and enjoy the
fundamental rights as well as the social rights conferred by different statutes. To achieve
the object of Equal Access to Justice, every section of the society has a role to play.
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Library
G. M. Wani
Peerzada Jalal ud din Shahista Yasmeen
Library Staff of VSLH
A Library is not a building stacked with books. It is a repository and source of information
and ideas , a place for learning and enquiry and for generation of thought and the creation
of new knowledge .
Libraries are described as the ‘Treasure House of knowledge ‘.
Though we have grouped them under the category of store of
information they have to play an important in the collection and
organisation and dissemination of information . Different kinds
of Libraries are vested with specific responsibilities.
A. Public Libraries: in particular have the potential to

bridge the gap between the information poor and the the
information rich , by ensuring the people from all sectors and setting of society and
the economy across India have access to knowledge they seek
B. Academic Libraries : These libraries meet the curricular and research needs of
their readers or scholars. School, College and University libraries fall under this
category
C. Special Libraries : These Libraries are sometimes called as documentation centers

or information centers also . They have to provide information in an expeditious
manner to the their users . Laws Of Library Sciences
INTRODUCTION
The laws of library sciences were evolved by Dr. Ranganatha . These are also called as fundamental
laws . These are five in numbers , the laws of library science have a sway over the entire
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discipline, i, e Library Science they help in resolving any conflict that may arise during the
functioning of the libraries. They guide the library staff in deciding what is right and what is
wrong in a given situation .
The Law of Library Sciences were evolved in the year 1928 and detailed account of these
laws and their implications were given in the form of a book by Ranganatha in 1931 . These
laws are
1st law : Books are for use
2nd law : Every reader reads his /her book 3rd law : Every book is its readers book
4th law : save the time of reader /staff 5th law ; Library is a growing organism
First Law : Books Are For Use
The elementary truth of a library is “Books are for use “ during the 15th and 16th century books
were chained to shelves . Books are filled in brass frames and rings were chained to shelves . In
those days days libraries were regarded as organization for preservation, but not for furthering
their use . in older days books were lent to favored few . Later They were made available at a
free thus the modern concept is ‘free book service for all ‘
IMPLICATIONS
Location of libraries : In the earlier days libraries were located at the outskirts of the towns
in order to keep them free from dust and away from all sorts of people , for sometime
library was regarded as an ornament to the city . They tried to keep the library away from
inhabitants . Those who have a faith in the first law located in the heart of the city . In some
of the Colleges , Library was located in the room which is regarded as unfit for any thing
else so as to put them to use
Library Hours: So long as preservation had the upper hand , libraries were more closed than
open ., open mostly to dust books and chose out book- worms . in the middle of thee 19th
century the Oxford library was kept open for two hours on two days of a week now it is almost
kept open for the whole of the day , on all days of the year
Library Furniture:
In the earlier days books were stacked up to the roofs as
books were meant for preservation now-a- days the
height of the shelves are kept in such a way that a reader
can lay his hand on any book he wants . Now the library
has adopted an open access system where any reader
can move freely among the stacks of library , Reading
Rooms with cosy furniture , sound - proof floor good ventilating rooms , Drinking water ,
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Toilets , Canteen facility are characteristics of a modern library
Responsibilities: VYETH
The library staff should not forget the noble cause which secured them their scholarship
training emoluments and status . They should see that the books are put to maximize use
by the readers . They should keep the library up - to- date In all respects
Second Law : Every reader reads His / Her book

While the first law replaced the concept “books are for preservation” the second law therefore
replaced the concept “books are for a chosen few”
Implications Occupational and income lines :
In the good old times ,education and privilege of learning varied across occupational ad
income lines . Some say “ too much knowledge is dangerous and library may became the
political centre”. When the library school was started in Moscow they asked as to how
government tolerates library courses which pave the way for revolution.
The Men and Women

It is not merely the income line that has divided the humanity , sex is another example that
restricted the enforcement of the second law In India also there is still this barrier that Girl
child is deprived of education.
City folk and Country folk :

Right of the country folk to book came to be respected in most of the countries these days
. It is said that “India lives In villages “ ad rural libraries have to pay an important role in
bringing changes in agricultural practices , cottage industries , rural hygiene, health and
family welfareNormal and Abnormal: Special libraries are to be established to cater to the
information need if patience in hospitals, prisoners, blind and handicapped.
Adult and Child :

It has been held that no child has a right to any book other than text book , As education
does not end up In classrooms they should e give
opportunity In the school library and public local
library to form reading habits
Third law : Every book and its Reader
Third law urges that an appropriate reader
should be found for every book
Shelf Arrangement:
Plays an equal role in an open access library in
Canvassing for books subject Arrangement on
shelves for displaying recent arrivals and novelty
in arrangement and display will attract the attention
of the user
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Catalogue:
It is the catalogue that provides useful information about books and help in selection.
Reference Work:
With all the classified information and self arrangements and catalogue entries, there is a
need for human factor. However reference is is a need that should act as an agent for books
as books are inert and mute. They cannot select a match. It is the duty of a reference librarian
to act like a marriage match maker
Publicity :
Reference librarian should try to tell public the value of books ; role of the library as a
social institution , he should make use of MASS MEDIA such as Press, Radio ,
Demonstration tours etc etc
Fourth Law :
The fourth law says “save the time of readers “ the law therefore demands saving the time
readers as well as staff. Save the time of the staff is regarded as a co-relative expression.
Stack Room Guides :
Proper guides in the stack room will save the time of the users. At the entrance there should
be a large broad plan of library to help the readers in locating the section in which they are
interested that should be a “single guide “on each rack inclusive class numbers be provided
on the shelf plank tags on the books must be In a line so that it will be convenient for eye to
look at.
Circular System :
Centralized and cooperative cataloging , location of library , mobile libraries , library services
for special classes are other means that saves users time.
Fifth Law :
As library is a growing organism the fifth law enunciates a fundamental principle that
should govern the planning and organization of libraries. It is an accepted fact that growing
organism will survive alone .
Implication of Growth In Size
The main parts of the organism are Books, Readers , Staff .
Books :
The number of books in a living library must and does grow.
Stack room and fittings:
The part of the building which is much effected by the growth is the stack - room its size,
book racks and relative position.
Periodic Room:
The number of volumes of periodicals increases from year to year Catalogue Room :
A standard unit catalogue cabinet occupies a floor space of 50cm * 7o cm and can hold
48,000 catalogue cards.
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Classification Scheme:
Classification Schemes selected should be comprehensive , having accommodating all the
subjects of past and present and can accommodate new subjects that could crop - up in
future . The notion of the scheme should be simple , flexible , less complicated , hospitable
and easy to read , write and remember.
Reading Room :
A reading Rom should be sufficient to accommodate readers of the present as well as
present and increase in the number in future . It is suggested to have separate reading room
for undergraduates, post graduates and teachers.
Other Sections :
There should be rooms for accommodating periodicals, audio - visual material , Computer
server , OPAC, CD ROM server and terminal etc.
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Meaning of Human Rights
Syed Wajid Rizvi
Today the world over, there is considerable discussion on human rights and various United
Nations bodies and non-governmental organizations are concerned about the implementation
of human rights .But before we
talk of implementation of human
rights, it is necessary to
understand what are human
rights?. And what is their broad
meaning and content?. The term
human rights is a new
formulation of the classic phrase
‘’The Rights of Man”.
Human beings are rational beings .They by virtue of their being human possess certain
basic and inalienable rights which are commonly known as human rights .Thus human
rights are those rights which every individual is entitled to by virtue of being human. Since
these rights belong to them because of their very existence. They became operative with
their birth .Human rights being the birth right, are, therefore, inherent in all the individuals
irrespective of their caste, creed, religion, sex and nationality. Human rights being inherent
people cannot live as human beings without them. These rights are essential for all the
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individuals as they are consonant with their freedom and dignity and are conducive to
physical, moral, social and spiritual welfare .They are also necessary as they create an
environment in which people can develop their full potential and lead productive and creative
lives in accordance with their needs and provide suitable conditions for the material and
moral uplift of the people. Because of their immense significances to human beings; human
rights are also sometimes referred to as fundamental rights, basic rights, inherent rights,
natural rights and birth rights. Human rights being fundamental or basic rights are often set
out in the constitution so that they are not taken away by any Act of Legislature or
government.
Presently, the vast majority of legal scholars and philosophers agree that every human
being is entitled to some basic rights. Thus there is universal acceptance of human
rights in principle. In domestic and international plane ‘human rights ‘is a generic term

and it is therefore difficult to give a precise definition of the ‘human rights’ however, it
can be said that the rights that all people have by virtue of their being human are
human rights. These are the rights which no one can be deprived of without a grave
affront to justice. It is so because they may affect the human dignity. Thus the idea of
human rights is bound up with the idea of human dignity. J.S Verma has rightly stated
that human dignity is the quintessence of human rights. All those rights which are
essential for the protection and maintenance of dignity of individuals and create
conditions in which every human being can develop his personality to the fullest extent
may be termed human rights. However, dignity has never been precisely defined on the
basic of consensus, but it accords roughly with justice and good society. Dignity can
no longer survive where human beings are humiliated. The world conference on human
Rights held in 1993 in Vienna stated in the declaration. “That all human rights derived
from the dignity and worth inherent in the human person, and that the human person is
the central subject of human rights and fundamental freedoms”. D.D Basu defines human
rights as, “those minimum rights which every individual must have against the state or
other public authority by virtue of his being a member of human family, irrespective of
any other consideration”.
Human rights are therefore those rights which belong to an individual as a consequence of
being human. They are based on elemental human needs as imperatives. Some of these
human needs are elemental for the psychic survival and health. Thus, human rights can be
perceived and enumerated .These rights are associated with the traditional concept of natural
laws.
Rights being immunities denote that there is a guarantee that certain things cannot or
ought not to be done to a person against his will. According to this concept human
beings, by virtue of their humanity ought to be protected against unjust and degrading
treatment. In other words human rights are exemptions from the operation of arbitrary
power. An individual can seek human rights only in an organized community, i.e.; a
state or in other words where civil social order exists. No one can imagine to invoke
them in a state of anarchy where there is hardly any just power to which a citizen can
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appeal against the violation of rights. Thus the principle of the protection of human
beings is derived from the concept of man as a person and his relationship with an
organized society which cannot be separated from universal human nature.
Human rights being essential for all-round development of the personality of the individuals
in the society be necessarily protected and be made available to all the individuals. They
must be preserved, cherished and defended if peace and prosperity are to be achieved.
Human rights are the very essence of a meaningful life, and to maintain human dignity is
the ultimate purpose of the government. The need for the protection has arisen because of
inevitable increase in the control over man’s action by the government which by no
means can be regarded as desirable. There are several states where fundamental
standards of the human beings as to their rights have also necessitated the protection
by the states. It has been realized that the functions of all the laws whether they are the
rules of Municipal law or that of International law should be to protect them in the
interest of the humanity.
Presently, there is a widespread acceptance of the importance of human rights in the

international structure because it has legal moral and political bearing .Human rights
are legal because it involves the implementation of rights and obligations mentioned in
international treaties, it is moral because human rights are value based to preserve
human dignity and it is political in the large sense of world. They also operate to limit
the power of Government over individuals .However one will not hesitate to admit that
there is a confusion prevailing as to its precise nature and scope and the mode of
international law as to the protection of these rights.
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VYETHWomen Protection and
Changing Laws
Yawar Zaid
B.A.LLB Roll No:
In Indian society, woman occupies a vital position and venerable place. The Vedas glorified
women as the mother, the creator and one who gives life and worshipped her as devil or Goddess
.Women in India, today, are becoming the most vulnerable section as for as their safety and
security is concerned. Violence against women can fit into several broad categories. Some of
them are rape, domestic violence, sexual harassment, female
feticide etc.
Our country must have the number of laws, ostensibly for the
benefit of women. The constitution and the different acts
passed by the Union governments and the states give special
protection to women, aware of their weak position. In spite of
all these pieces of legislation loaded in favour of women, their
condition is improving only at a snail’s pace.
Constitutional provisions:
The constitution of India guarantees the right to equality to women. It embodies the general
principles of equality before law and prohibits unreasonable discrimination between persons.
Article 14 embodies the idea of equality expressed in preamble. Thus, In Air India V. Nargesh
Meerza the Supreme Court struck down the offending regulations of air India and Indian Airlines
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that provided that an air hostess would retire on attaining an age of 35 years or on the first
pregnancy, whichever was earlier.
While article 15(1) prohibits the state from discriminating on the basis of religion, race,
caste, sex, or place of birth, Article 15(3) allows the state to make special provisions for
women and children. Article 15 merely elaborates that same concept and acknowledges
that women need special treatment for their up lift men.
Article (16) provides equality of opportunity for all citizens in matters relating to employment
or appointment to any office under the State. In C.B. Muthamma v. Union of India the Supreme
Court held that a provision of the service rules requiring a female employee to obtain permission
of the government in writing before getting married and denying her the right to be promoted on
the ground of her being married was discriminatory.
Article 39(a) urges the state to provide equal right to adequate means of livelihood to men
and women, Article 39(d) Equal pay for equal work for both men and women.
In the case of Randhir Singh v. Union of India AIR 1982, Supreme Court held that equal
pay for equal work is a constitutional goal and is capable of being enforced.
In pursuance of Article 42 of the constitution, the Maternity Benefit Act has been passed in
1961.Article 44 enjoins the state to secure for the citizens a Uniform Civil Code throughout
the territory of India.
51 A (e) says that it is the duty of the citizens to renounce Uniform Civil Court practices
that are derogatory to the dignity of women.
Besides these constitutional provisions, there are several laws meant for the protection and
benefit of women.
LEGAL PROVISIONS
1) Dowry Prohibition Act, 1961
[The purpose of this Act is to prevent the giving or taking of dowry. It not only
penalizes this act but also makes the act of demanding dowry an offence.]’
2) The Medical Termination of Pregnancy Act, 1971

this act provides for the termination of certain pregnancies by registered medical
practitioners and for matters connected therewith or incidental thereto.
3) The Hindu Succession Act, 1956 with amendment in 2005. This act provided for
equal inheritance rights to women for the first time. It abolished the concept of
limited estate of women.
4) The protection of women from domestic violence Act , 2005

Domestic violence Act meant to provide for more effective protection of the rights
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of women guaranteed under the constitution who are victims of violence of any
kind occurring within the family and for matters connected therewith or incidental
thereto.
The commission of Sati (Prevention) Act 1987

its object is to prevent the practice of Sati and the glorification of such an Act. The
attempt to commit Sati is also punishable under certain circumstances.
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Dr. Iqbal as an
Educational Philosopher
Sama Rashid
B.A.LLB 1st Semester Roll No: 17
Dr Allama Iqbal (RA) was a genius par excellence of the 20th century. He was a revolutionary
revivalist of the Islamic cultural heritage. Poetry for him meant a medium of propagating ideology
of Islam. In Islam he saw the seeds of human progress and
emancipation of mind. In his preface to Assari Khudi, he clearly
explains that the objective of the Manswari is not advocacy of Islam
but his creation of an ideal society based on equality, justice, and
brotherhood and this is possible only by adhering to an Islamic system
of life.
Iqbal was a philosopher and he put forth a philosophy for an

ideal educational system. He based his philosophy on the teaching
of Islam and fought against wish of Tagore.
“Where the mind is without fear,

Where the head is held high,
Where the knowledge is free”
Iqbal based his educational theory on the principles of universality and globalism. He wanted
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to prepare students for a sustained conviction towards a noble cause.
His concept of Khudi was a revolutionary one. He glorified the individuality of man and
made it immortal. He was fully aware of the message of the Holy Quran in regard to the
significance of education and also of traditions of Holy Prophet (PBUH) in reference to
second cause of education. The repeated advice of The Quran to study nature in depth and
to derive the possible way for salvation of humanity is the basis for ensuring the purpose
and aim of the education. The Prophet’s (SAW) tradition with regard to education and
scholarship open our vistas of thought.
Seeking of knowledge is obligatory on every Muslim.

The ink of a scholar is more precious than the blood of martyr.

Dr Iqbal was really an advocate of universal peace and brotherhood. He presented a system
of education which would bring peace of mind to all and would enable the cause of humanity
at large.
Dr Iqbal’s (RA) views upon female education are apparent in his poems. To him the creation
of woman and their presence is a great blessing of Allah as a woman is an inspiration of
life.
He says in one of his book “Zarb-i-Kalim” that:

“The whole universe is colourful due to her presence The life’s music is charming due to her
tune”.
We’ll not cry if you fart.

The smell can’t kill us.
It can’t even damage our noses.
We’ll still have the smell
Of our mother’s soup
Running in and out of our holes. We’ll not cry when we hunger. Stomach
cries can’t harm us. It can’t even cry us.
We’ll still have our mother’s Breasts to suck on
When the land becomes dry,
We’ll not cry if we don’t go to school. Our teachers won’t miss us.
It won’t even devaluate us.
We’ll still have our bags on our backs As we ride our small bicycles
Around our boring community,
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Cry of Muslims in Burma
Shahid Shah
B.A.LLB 1st Semester (A) Roll No: 53
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We’ll not cry if you flog us
With branches trees,
It won’t render us pains.
We’ll only feel it biting our skins
Just for today and it will dry up
By this time of tomorrow,
We won’t cry if we lose our friends.
We’ll get over it very fast.
It won’t even stop us from playing.
Since death is no respecter of anyone,
People come to this world
And people leave this world.
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But we will cry if we fall.

If our home divides against itself.
If our parents can’t handle themselves.
How do they expect us to grow
If they pick up sticks against themselves
Because they want to eat.
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Success
Sheikh Bilkees
Success is journey, not the destination. Success does

not come to those who wait, and it does not wait for
anyone to come to it .It often comes to those who have
aptitude to see way down the road. A successful person
keeps moving. They make mistakes, but don’t give up.
The road to success is not to b run upon by seven
leagued boots, step by step, little by little, that is way
to wealth that is way to wisdom. The difference between
a successful person and others is not the lack of strength,
not the lack of knowledge but rather a lack of will. Many
people have successes after they have failed after
repeated efforts time players an important role in
success as time commands success and achievement.
One important key to success is self confidence is
preparation. Success in life is to be ready for the
opportunities when it comes. Success is the state of
mind .The key to happiness is having dreams and the key to success is making your dream
come true.
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YESTERDAY’S FAILURES ARE
TODAY’S SEEDS THAT MUST
BE DILIGENTLY.
PLANTED TO BE ABLE TO HARVEST TOMORROWS SUCCESS
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Girls Empowerment
Aliya Bhat
It is very easy to tell girls, ‘Be strong, you are beautiful,

you are capable, don’t do this, do that, don’t worry about
that, who cares what others think, etc. What is missing is
the idea of instilling worth. How do we raise a girl to feel
she is worthy — worthy of good friends, worthy of healthy
relationships, worthy of speaking her mind and of being
heard, worthy of her dreams, worthy of trying something
nobody else has done?
If someone doesn’t feel worthy, they might do something they

don’t really want to do, because they don’t have the courage or
strength to say so. They may be coming from a place of fear rather than a place of personal love,
respect and power.
The Girls Empowerment teaches girls that they are valuable and have a voice, by giving
them information and tools to use. When girls feel confident about themselves, their
intelligence, their worthiness and their sexuality, they have the opportunity to go into the
world and fully express themselves — as girls, as women, as humans. If we spend too much
time having conversations with ourselves about not being good enough, pretty enough or
accepted enough, we are limiting ourselves to what we think the world thinks of us, rather
than putting forth what we think of ourselves, what we find important, what we want to
contribute to the world.
Everyone has something important to share, and if that beautiful energy is wasted, then the
world never gets to see it, and a girl misses out on what it feels like to be strong, free,
worthy and capable.
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The Mission of The Girls Empowerment aims to educate, empower and inspire girls by
raising awareness, developing communication skills and cultivating self respect.
“Human rights are women’s rights and women’s rights are human rights,
once and for all.”

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The Seasons of Life
Tanzeela Hayat
There was a man who had four sons. He wanted his sons to learn to not judge things too
quickly. So he sent them each on a quest, in turn, to
go and look at a pear tree that was a great distance
away.
The first son went in the winter, the second in the

spring, the third in summer, and the youngest son in
the fall.
When they had all gone and come back, he called

them together to describe what they had seen.
The first son said that the tree was ugly, bent, and
twisted.
The second son said no – it was covered with green

buds and full of promise.
The third son disagreed, he said it was laden with blossoms that smelled so sweet and looked so
beautiful, it was the most graceful thing he had ever seen.
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The last son disagreed with all of them; he said it was ripe and drooping with fruit, full of
life and fulfillment.
The man then explained to his sons that they were all right, because they had each seen but
one season in the tree’s life. He told them that you cannot judge a tree, or a person, by only
one season, and that the essence of who they are – and the pleasure, joy, and love that come
from that life – can only be measured at the end, when all the seasons are up. If you give up
when it’s winter, you will miss the promise of your spring, the beauty of your summer,
fulfillment of your fall. Don’t judge a life by one difficult season. Don’t let the pain of one
season destroy the joy of all the rest.
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Armed Conflicts and Role of
International Law in 21 Century
Nuomaan Gojwari
One of the key figures in Indian Philosophy of Yoga and Vedanta has rightly said ‘the
peaceful Nations, fall down and yet rise again; but the other, once they go down, they do
not come up they die. Blessed are the peacemakers,
for they shall enjoy the full freedom on Earth’....
Swami Vivekananda.
Ever since the rise of civilization, war and armed

conflict has been most significant threat to Human
Life, Property, and Liberty. The Humongous amount
of violence has caused quantifiable sufferings and
cries to millions and millions of people in course of
armed conflict. On Logical basis it seems astoundingly
absurd that murder of innocent is regarded as a negative social sanction and is treated as a crime,
but patriotism has a view that murder in view of armed conflict is a noble cause or a war state
duty. Moving on Conflicts arise day to day all around the globe taking in to consideration armed
conflict zones such as Abuja and Yola in Africa, Sudan and Kiev and many s Armed conflict The
change in Civilians and soldiers in terms of armed conflict has been changed in a drastic manner
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in relation to armed conflict and international law. As the two folded system is a criterion on
which it has been changed as there is no longer plethora of different term or definition which has
been proposed such as ‘Refugee Warriors or civilian augments there has been a necessary legal
process of adapting to their changing nature of armed conflict although having no clear definition
till date. Strategically speaking two of the new trends have come across By political decline in
between interstate war, new revolution in armed military and growing role of civilian helping in
developing new high tech warfare Conflicted pervasiveness and civilians. In situation as that of
Armed conflict International law has no doubt that major peace keeping law that gives us the
ruling and true usage of deploying force are necessary proportional measure of self response to
any armed conflict or armed attack . On the other hand Professor Andrew Clapham says that it
is uncontroversial that International Law prohibits certain behaviors in armed conflicts. Not
only chemical weapons of destruction are prohibited but they are under sensor that they target
civilian’s and torture the prisoners of war . For such type of maintains and control one such law
has immense responsibility towards Armed conflict which is “The International law “ on the
other hand International Humanitarian law (IHL). International Humanitarian law treaty creates
a differentiation between non international and armed conflicts in the article 3 of the Geneva
Convention 1949. Armed conflict and international law contribute each other , As The international
Law resorts to war and settles further disputes between states but it is controversial that it
prohibits some of the provisions also by being such a law it sometimes seems little less than it
has to be discussed . Going back in time in August 1949 on the protection of war victims all
contributed towards a wide theory and application of the International law but it at that time
didn’t play a quite role in pre and post conflict area , generated only academic general instructions
more important and compounding matters were regarded as a tendency which resulted in
establishment of International law . Talking about its after effects three factors have contributed
largely to the development of Inter nation law in 21 century when it comes to Armed conflict the
first has been the growing change in international law and humanitarian law and international
law rights , Obviously in the adoption , virtually verbatim , of the fair trail provisions of 1966 of
International convention on civil and political rights.
The second factor involves two interrelate developments . one is the emergence in recent years
of a trend towards structured peace processes in relation to the stalemated violent conflicts
which includes Yugoslav , Palestine , Israel And South Africa since the balance of these forces
or circumstances in these conflicts were such that no side was able to achieve a military victory
and thus to impose its will on the other , the negotiating processes have had to attempt to
reconcile the interests and concerns of all sides . The above discussed development has been the
process of structured transition from military to civil rule.
The Third and the important factor is directly related to the the peace making progress and
process issue , through the creative establishment of the International Criminal tribunal for
Rwanda and lastly by the acceptance and establishment of treaty based on Roman structure of
International criminal court the creation and operational process the ICTY and ICRT have
contributed to the overall picture not only through their impact on the development of the
substantive law but also a heartrending heating debate on peace process issue , is the Resurrection
of the intentional criminal tribunal model , the purpose of international; law here is that how
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conflict zones and warfare areas seek help from international law and how international law
develops and establishes various operational progressive progressions.
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Consumer Jurisprudence
Ali Mohammad Tali
The basic idea behind the consumer protection movement is protection of the right of
consumers. It was President Kennedy who declared the consumers’ rights for the first time
in his message to the American Congress in March 1962.
They were the right to information, the right to choose and
the right to be heard.
Later, International Organization of Consumers’ Union

added four more rights, viz, the right to redress, the right to
consumer education, the right to healthy environment and
the right to basic needs. These rights were incorporated in
the United Nation’s Charter of Human Rights. The
Government of India also recognized these rights later.
The consumer movement exercises a considerable influence on the socio-economic environment

of business. In a country like India where there is a high percentage of illiteracy among people,
where people are less informed and where critical goods are always in short supply, the
Government has a significant role in safeguarding the interests of consumers by promoting a
climate of fair competition and preventing exploitation of consumers.
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Earlier the governing principle in sale and purchase of goods was Buyer Beware. The consumer
movement has changed and sellers feel now it is a question of seller bewares. The objective of
the consumer movement is to secure the interests of the consumer against all types of unfair
trade practices. Consumerism as an effective and organized movement started in 1960s in the
USA. Ralph Nader has lifted consumerism into a major social force.
Consumerism may be defined as a social force within the environment designed to aid and
protect the consumers by exerting legal, moral and economic pressures on business and
government.
The consumer movement highlights the following four fundamental rights of consumers.

1. Right to Safety:
To be protected against the marketing of goods which are hazardous to health or life?
2. Right to be informed:
To be protected against fraudu-lent, deceitful or grossly misleading information, ad-vertising,
labeling or other practices and to be given the facts needed to make an informed choice.
3. Right to Choose:
To be assured access to a variety of products and services at competitive prices and in those
industries in which Government regulations are substituted, to be assured satisfactory quality
and service at fair price.
4. Right to be heard:
To be assured that consumer interests will receive full and sympathetic consideration in the
formulation of Government policy and fair and expeditious treatment
in its administrative tribunals.
The following features of consumer movement are noteworthy:

1. It is basically a protest movement.
2. It is a mass movement in the sense that masses are the general

body of consumers.
3. It is generally a non-official movement. Public and voluntary

consumers, organizations initiate the movement.
4. Though it is not a government-sponsored movement, it is recognized and backed up by

the Government. In a laissez-faire society, consumer was a king and he was free to choose.
But the consumer sovereignty is a myth and the supposed benefit to the consumer accruing
from perfect competition has not been realized.
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The actual world is a world of imperfect or monopolistic competition and the consumer has
only a limited amount of freedom in making purchase choices. When the consumer will be
able to assert himself, ‘the take it or leave it’ nature of transactions in the Indian market will
end.
As the manufacturer has the free choice to produce and sell his goods so the consumer
should have the free choice to select from the range of products available. This is what is
meant by consumer’s sovereignty in the present socio-economic context.
Consumers as a class in our country are the only group of people who are so disorganized
that they are being exploited all the time by other sectors of the economy—industry, labour
and agriculture.

Indian consumer is confronted with foodstuff and goods that are adulterated, substandard
and unsafe, prices that are inflated and weights and measures that perennially short-change
him.
We do not agree with Prof. Samuelson when he says that business of business is business.
Business is not an island in itself. It is part and parcel of society as a whole.
Hence it should be constantly alive and alert to the responsibilities to the society. Consumer
protection movement is an attempt to make the businessmen aware of their social
responsibilities.
Some legislative measures have already been taken by the Government to safeguard the
interests of the Indian consumer. There are a wide range of enactments which operate to
protect the consumer.
The Agricultural Produce (Grading and Marketing) Act, 1937 constitutes the basic law for
the grading of agricultural produce. The Drugs and Cosmetics Act, 1940 regulates the import,
manufacture, sale and distribution of drugs and cosmetics.
The Prevention of Food Adulteration Act, 1959 aims at preventing the sale of impure
foodstuff. The Essential Commodities Act, 1955, regulates the production, supply,
distribution and trade in essential commodities for the maintenance of the supplies of
essential commodities and securing equitable distribution and availability at fair prices.
The Packaged Commodities (Regulation) Order, 1979, requires manufacturers to display

on labels and packages the weight, contents of the product, date of manufacture, selling
price and address of the manufacturer.
Some other important Acts include the Display of Prices Order, 1973, the Drugs and Magic
Remedies (objectionable advertisement) Act, 1954, and the Cigarettes (Regulation of
Production, Supply and Distribution) Act, 1975.
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Lately the Government has enacted the Consumer Protection Act, 1986. Through this Act,
an attempt has been made to strengthen the institutional framework to protect the consumer
at local, state and central level.
There are various institutional factors which are responsible for growing concern for the
consumer protection in India. To begin with, the Government is anxious to protect the
vulnerable sectors of the community through schemes like streamlining the public
distribution system.
Owing to inflation, different anti-social elements have appeared in the market place for
exploiting the poor consumers through unfair trade practices like adulteration, underweight,
substandard products of goods in short supply.
Hence the Government has come forward to protect the consumers through the Maintenance of
Internal Security Act, MRTP Act, 1969 and the Consumer Protection Act, 1986.
Secondly, the Indian traders did not bother about consumers because there had been a
sellers’ market. Today the market environment for most products has changed. Now it is a
buyers’ market.
Unless the consumers are protected against dishonest and unethical business practices, the
long-run business interest will suffer. Now the business community is becoming aware of
the social responsibility towards customers.
Thirdly, the consumers are becoming more and more conscious of their rights and legitimate
demands.
The present day consumers are not ignorant of the market environment. They are conscious
of customers’ rights and to protect their interest, they form organizations like Consumer
Co-operative and Consumers’ Councils.
Lastly, the consumer burden imposed by the Government is on the increase. On the pretext of
fiscal discipline, the tax burdens are increased every year. It has almost become a practice to
announce pre-budget hike in administered prices like petro-products, railway fares and post and
telegraph rates. It is quite natural that there will be consumers’ resistance to these additional
burdens.
In India consumerism is still in its infancy although the consumers suffer from exaggerated
advertisements, impure quality of products, underweight’s, high prices and artificial scarcity
of many essential articles.
Though some consumer organizations have been set up in different parts of the country, the
movement has yet to gather sufficient strength to become a living force to reckon with.
There are many hindrances to the growth of a strong consumer movement in India.
First, there is lack of leadership and management. In India, there is no Ralph Nader who
can give a dynamic leadership to this movement.
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Secondly, the majority of the people are illiterate. They lack consumer education and do
not have the necessary consciousness to organize themselves.
Thirdly, India is a vast country and it is very difficult to have quick, effective and regular
communication among different parts of the country. Different languages and different
customs of different regions hamper the growth of the movement.
Fourthly, to organize the consumer movement throughout the country needs huge financial
resources. Lack of financial resources is a handicap to the growth of the movement.
Lastly, the attitude of the people is not favorable to the growth of a consumer movement in
India. There is a tendency among the people to look to the ‘Government for protection and
assistance rather than to stand on their own legs and put up resistances.
Till recently, apart from the legal measures, the main planks for protecting consumers have
been the public distribution system and consumer co-operative movement.
Public distribution system started during the Second World War and it is now in operation in the
case of consumer goods. It covers food grains, sugar, kerosene and controlled cloth.
The fifth Plan proposed to expand the coverage to include pulses and edible oil. It was
intended to keep prices in check and to ensure equitable distribution of scarce but basic
foods. The system also helped to check hoarding and black marketing.
The public distribution system does not necessarily improve the distribution of income but
it helps to prevent deterioration in distribution in inflationary conditions.
Shortages of essential goods as well as inflation can be highly regressive if a public

distribution system does not prevent serious cuts in the consumption of the poor.
Though the prices of essential items such as cereals bought from the fair price shops have
been lower than prices in the open market, but the quality is substandard and the quantity
insufficient. The poor are often unable to buy their requirements from the fair price shops
because they do not have cash in hand.
They usually go to private traders who provide credit facility even if it means actually
paying a much higher price.
Since most of the unfair trade practices are due to shortage in supply, what is needed is a
rapid increase in production of all varieties of consumer goods and quality, price and
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distribution would take care of them.
The National Consumer Protection Council under the Chairmanship of the Union Minister
of Civil Supplies and Co-operation has been established to promote and develop consumer
movement throughout the country.
The Council will inform itself fully about Consumers’ problems, collect and disseminate
information relating to consumer matters, assist the state-governments in development of
consumer movement, examine consumer grievances and initiate remedial action and promote
equitable distribution of mass consumption commodities at fair prices.
Object of consumer protection law in India

The principal objective of the Consumer Protection Act is to grant shield for the improved
safeguard to consumers. Unlike prevailing laws, which are disciplinary or precautionary in
nature, the provisions of this Act are compensatory in nature. The act is aimed to afford simple,
quick and economical redressal to the consumers’ grievances, and reliefs of a particular nature
and award of damages wherever appropriate to the consumer.
The Consumer Protection Act has been revised in 1993 both to extend its coverage and
scope and to augment the powers of the redressal.
Rights of Consumer as Per the Consumer Protection Act 1986

The fundamental rights of consumers as per the Consumer Protection Act are:
1. Right to be shielded against promotion of goods and services which are risky
to life and property
2. Right to be conversant regarding the wholesomeness, standard ,quality, quantity,
potency, and value of goods, or services so as to shield the buyer against unfair
trade practices
3. Right to be ensured, access to range of goods and services at viable prices wherever
possible
4. Right to be informed and be ensured that consumers’ benefit will be given due
consideration at appropriate level
5. Right to search for redressal against unjust trade practices or restraining trade
practices or deceitful exploitation of consumers.
6. Right to consumer education.
Authorities under Consumer Protection ACT 1986: District Forum

this forum has power to solve the problems of consumers up to Rs. 500000 at district level.
State govt. has power to make suitable numbers of district forum for protecting the rights of
consumers.
This forum can be made by district judge and other experienced persons in the field of law
and commerce.
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State Commission
Consumer can also appeal to state commission against the decisions of district forum. State
commission has power to solve the problems of consumers from Rs. 500000 to Rs. 2000000.
This commission can be made by state high court judges and 2 experts in the field of commerce
and laws.
National Commission
National commission has power to solve all consumers’ disputes and problems more than
2000000 Rs. The chairperson of this commission will be the retired Supreme Court judges
and other 4 experts in the field of commerce and laws and industry. Out of four, it is necessary
to include one lady member in the four expert teams.
The remedies available to consumers under this Act are as follows:

(a) Removal of Defects:
If after proper testing the product proves to be defective, then the ‘remove its defects’ order
can be passed by the authority concerned.
(b) Replacement of Goods:

Orders can be passed to replace the defective product by a new non-defective product of
the same type.
(c) Refund of Price;

Orders can be passed to refund the price paid by the complainant for the product.
(d) Award of Compensation:
If because of the negligence of the seller a consumer suffers physical or any other loss, then
compensation for that loss can be demanded for.
(e) Removal of Deficiency in Service:

If there is any deficiency in delivery of service, then orders can be passed to remove that
deficiency. For instance, if an insurance company makes unnecessary delay in giving final
touch to the claim, then under this Act orders can be passed to immediately finalise the
claim.
(f) Discontinuance of Unfair/Restrictive Trade Practice:

If a complaint is filed against unfair/restrictive trade practice, then under the Act that practice
can be banned with immediate effect. For instance, if a gas company makes it compulsory for a
consumer to buy gas stove with the gas connection, then this type of restrictive trade practice
can be checked with immediate effect.
(g) Stopping the Sale of Hazardous Goods:

Products which can prove hazardous for life, their sale can be stopped.
(h) Withdrawal of Hazardous Goods from the Market:

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On seeing the serious adverse effects of hazardous goods on the consumers, such goods can
be withdrawn from the market. The objective of doing so that such products should not be
offered for sale.
(i) Payment of Adequate Cost:

In the end, there is a provision in this Act that the trader should pay adequate cost to the
victim concerned.
How to file complaint under Consumer Protection Act 1986 and Amendment Act 2002,
who can file complaint?
Consumer complaints are increasing day by day either due to the deficiency in providing services
or selling defective goods. Many of the traders have only one intention to just earn money by
selling goods of any brand and they won’t listen to the customer after selling the product. Especially
in computer products the sellers are adopting different methods to earn profit. If the customer is
not aware about the full configuration of the project, they may get inferior quality goods of
lower grade items. After sales the trader will turn down the request of customer by showing one
or another reason. Such practice is there in sale and service of many other products. The customers
try once or twice to get solution and they may ignore it due to the complications in litigation and
proceedings. It is the right of the consumer to get right product for the money they spent. Consumer
Protection Act was passed with an intention to protect the interest of consumers. Any consumer
can approach the forum to seek justice. Procedures in the Consumer forum is time bound and in
normal case the complainant will get relief in short period.
Legal provisions in the Consumer Protection Act regarding manner of making

complaint, the person who can file complaint, Fee for filing complaint, procedure on
admission of complaint, findings of the forum and Order by forum as under:
Manner of making complaint – Section 12 of Consumer Protection Act

Section 12 has been substituted by the consumer protection (Amendment) Act, 2002. There
are some important changes in the substituted provision. The provisions are:
Who can file a Complaint – Section 12(1) of Consumer Protection Act

A Complaint in relation to any goods sold or delivered or agreed to be sold or delivered
or any service provided or agreed to be provided may be filed with a District Forum by
any of the following:
(a) Consumer to whom such goods are sold or delivered or agreed to be sold
or delivered or such services provided or agreed to be provided;
(b) Any recognized consumer association. Such an association can make a
complaint even though the consumer concerned is not its member;
(c) The complaint may also be filed by one or more consumers, where there
are numerous consumers having the same interest, on behalf of, or for the benefit of
all the consumers so interested, with the permission of the District forum;
(d) The complaint may also be filed by the central or the State Government
For the purpose of the aforesaid provision, “recognized consumer association” means
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any voluntary consumer association registered under the Companies Act, 1956 or
any other law for the time being in force.
Complaints to be accompanies by court fee- Section 12(2) of the Consumer Protection

ActEvery complaint to be filed under Consumer Protection Act shall be accompanies
with such amount of fee and payable in such manner as may be prescribed as per the
amendment Act of 2002.Admissibility of Complaint – Section 12(3) of the Consumer
Protection (Amendment) Act 2002Provision with regard to the admissibility of
complaint is:
(i) On receipt of the complaint, the District forum may allow the complaint to be proceeded
with or rejected. Before rejecting the complaint, the complainant has to be provided with
an opportunity to explain his case.
(ii) The admissibility of the complaint shall ordinarily be decided within 21 days from the
date on which the complaint was received.
(iii) After the complaint is admitted, it shall be proceeded with in accordance with the
provisions of this Act. The complaint shall be heard by the District Forum which has admitted
the same and shall not be transferred to any other forum or court etc
Procedure on admission of Complaint – Section 13 of Consumer Protection (Amendment)
Act 2002.
The procedure for admission of complaint under the Act is:

(1) The District Forum shall refer a copy of the admitted
complaint within 21 dayss from the date of admission to the
opposite party, directing him to give his version of the case
within 30 days or such extended period not exceeding 15 days
as may be granted by the District Forum.
(2) After giving due opportunity to the opposite party to

represent his case, the District Forum shall proceed to settle
the case.
(3) If the opposite party omits or fails to represent his case within the given time the
District Forum can pass ex parte order.
(4) Every complaint shall be heard as expeditiously as possible. An Endeavour shall be

made to decided the complaint within 3 months from the date of receipt of notice by the
opposite party where the goods do not require any testing, and within 5 months, where any
testing or analysis of the goods is needed.
(5) No adjournments shall be ordinarily allowed unless sufficient cause is shown and
reason for adjournment has been recorded in writing by the forum.
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(6) The new sub-section (3-B) to Section 13 enable the District Forum to pass interim order,
as may be deemed just and proper in the facts and circumstances of the case.
(7) Substitution of the representation on the death of a party- The sub-section (7) to
Section 13 states that in the event of death of a complainant who is a consumer or of the
opposite party provides for substitution of the parties by their legal representatives according
to the provisions of the Civil Procedure Code.
Findings of the District Forum –Section 14 of the Consumer Protection (Amendment)

Act 2002
If after conducting the proceedings under Section 13, the District Forum is satisfied that
the goods complained against suffer from any of the defects specified in the complaint, or
that any of the allegations contained in the complaint about the services are provided, it
shall order the opposite party to do one or more of the following things, stated in Section
14(1) Namely:
(a) To remove the defect pointed out by the appropriate laboratory from the goods in question;
(b) To replace the goods with new goods or similar description this shall be free from any
defect;
(c) To return to the complainant the price or as the case may be the charges paid by the
complainant;
(d) To pay such amount as may be awarded by it as compensation to the consumer for any
loss or injury suffered by the consumer due to the negligence of the opposite party;
Provided that the District Forum shall have the power to grant punitive damages in such
circumstances as it deems fit;
(e) to remove the defects in the goods or deficiencies in the services in question;
(f) to discontinue the unfair trade practice or the restrictive trade practice or not to
repeat them;
(g) not to offer the hazardous goods for sale;
(h) to withdraw the hazardous goods from being offered for sale;
(i) to cease manufacture of hazardous goods and to desist from offering services which
are hazardous in nature;
(j) when the injury has been suffered by a large number of consumers, who are not
identifiable conveniently, the opposite party may be required to pay such sum as may be
determined by the Forum;
(k) to issue corrective advertisement to neutralize the effect of any misleading

advertisement;
(l) to provide for adequate costs to parties Ex Parte Order

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If the opposite party fails to appear and contest, the District Forum may proceed and pass
an ex parte Order. If sufficient cause is shown for not appearing in the case, an ex parte
order may be set aside.

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Government by the Allah
& For Allah
Shujah Abas
There was a time when monarchy was the only system of Government known to the people. At
that time Muslim Scholars used to glorify monarchs & monarchy By saying (the king is the
Shadow of Allah), as through Allah has a shadow! Now in Modern times democracy is in vogue
& the Sunni Scholars are never tired of asserting in Hundreds &thousands of articles, books &
treatises that the Islamic System of Government is based upon Democracy. They even go so far
as to claim that democracy was established by Islam, forgetting the City Republics of Greece. In
the second half of the 20th century, socialism & communism are gaining hold of the undeveloped
& developing countries; and I would be surprised to hear from many well-meaning Muslim
Scholars tirelessly asserting that Islam teaches & creates socialism. Some people in Pakistan &
elsewhere have invented the slogan of ‘Islamic socialism’ an expression of which the meaning
don’t know. But I would not be surprised if within ten or twenty years these very people start
claiming that Islam teaches communism!
All this ‘changing with the wind’ is making a mockery of the Islamic system of leadership.
Some time ago in a gathering of Muslims in an African country, in which the president of
the country was the guest of honour, a Muslim leader stated that Islam taught to ‘Obey
Allah, obey the Apostle & your ruler’s.
In his reply, the president (who incidentally, was a staunch Roman Catholic) said that he
appreciated very much the wisdom of the commandment to obey Allah & the Apostle of
Allah; but he could not understand the logic behind the order to obey ‘Your rules’. What if
a ruler is unjust & a tyrant! Does Islam enjoin Muslim to obey him passively without
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resistance?
This intelligent question demands an intelligent reply. It cannot be regarded lightly. The
fact is that the
person who invited that criticism, did so because of his misinterpretation of the Holy Quran.
Let us examine the system of Islamic leadership.
Is it democratic? The best definition of democracy was given by Abraham Lincoln when he
said that

democracy was “The government of the people, by the people & for the people”. T
But in Islam it is not the Government ‘of the people’. It is the ‘Government of Allah’. How
do peoplegovern themselves? They govern themselves by making their own laws; in Islam
laws are made not by the people, but by Allah; these laws are promulgated not by the
consent of the people but by Allah. The people have no say in legislation; they are required
to follow, not to make any comment or suggestion about those laws & legislations:
It is not for a believing man or a believing woman, when Allah and His Messenger have
decided a mater, that they should [thereafter}have any choice about their affair And whoever
disobeys Allah and His Messenger has certainly strayed into clear error.
Coming to the phrase ‘by the people’, now consider how people govern themselves. They
do so by electing their own rulers. The Holy Prophet (P.B.U.H), who was the supreme
executive, judicial and overall authority of the Islamic Government, was not elected by the
people. In fact, had the people of Mecca been allowed to exercise their choice they would
have elected either ‘.Urwah Ibn Masud’ (of at-Taif) or AL Walid ibn Al-Mughirah (of Mecca)
as the Prophet of Allah! According to Quran:
And they said, “Why was this Qur’an not sent down upon a great man from [one of the two
cites?”
So not only was the Supreme Head of the Islamic State appointed without the consultation of the
people, but in fact it was done against their expressed wishes. The Holy Prophet is the highest
authority in Islam’s He combines in his person all the functions of legislative, executive, judicial
.He was not elected by the people.
So Islam is neither the Government of the people nor by the people. There is no legislation
by the people; & the executive & judiciary is not responsible to the people.
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Nor is it, for that matter, a government ‘for the people’. The Islamic system, from the
beginning to the end, is ‘for Allah’. Everything must be done ‘for Allah’ if it is done ‘for the
people’, it is termed ‘hidden
polytheism’. Whatever you do-whether it is prayer or charity, social service or family

function, obedience to parents or love of neighbour, leading in prayer or deciding a case,
entering into war or concluding a peace must be done with ‘qurbatan ila llah’ , to become
nearer to Allah, to gain the pleasure of Allah. In Islam everything is for Allah. In short, the
Islamic form of government is the government of Allah, by the representative of Allah, to
gain the pleasure of Allah.
And I did not create the jinn and mankind except to worship Me. (51:56)

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KASHMIR IS NOT AN INTEGRAL
PART OF INDIA
Aadil Rashid and Aneesa Manzoor
B.A.LLB 9th and 3rd Semester Roll No: 15 & 13
Kashmir is neither an integral part of India nor are the happenings in Kashmir an internal
matter of India and in this regard reference to the constitution of J&K is totally misconceived
irrelevant and redundant, “spokesman of the Bar said in a statement.
Quoting the Bar president Mian Abdul Qayoom who chaired a meeting of the Executive Council
of the lawyers body, the spokesman said: “When General Council of All J&K National Conference
passed a resolution for convening a Constituent Assembly
for deciding the accession issue, Pakistan raised the issue
before the Security Council, where B.N.Rao, an Indian
representative and the leader of Indian delegation in his
speech, made on March 29.1951,assured the Council that
while the Constituent Assembly may, if it so desires, express
an opinion on the accession, but it could take no decision on
it and any opinion expressed by it, would not bind the
Government of India, “the bar said.
“Consequently the Security Council, which was
already seized of the matter, passed a resolution on May 5.1951,where-under, it
affirmed that the convening a Constituent Assembly, as recommended by General
Council of National Conference and any action that the Assembly might attempt
to take to determine the future shape and affiliation of the entire state or any part
thereof, would not constitute a disposition of the State and while reminding the
Government of India and Pakistan of the principles embodied in Security Council
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Resolutions of April 21.1948, June 3.1948 and March 14.1950 and United Nations
Commission for India and Pakistan resolutions dated August 13.1948 and January
5.1949 stated that final disposition of the State of J&K will be made in accordance
with the will of the people to be expressed by them, through the democratic method
of a free and impartial plebiscite, conducted under the auspices of the United
Nations”.
“When Sheikh Mohammad Abdullah was dismissed as prime Minister of J&K on
09.08.1953 and was detained, he while in detention, addressed a letter to the
President of the Constituent Assembly on August 16.1956,when the constitution
was going to be finalized that by August 9 action, as well as by the long record
of black deeds in and outside the house, the present Government and the
Assembly have completely forfeited the confidence of the electorate and they
no longer represent the political and economic aspiration of the people. He
accordingly asked them to desist from such a course of action”.
“On November 24.1956, Mirza Muhammad Afzal Beg, while addressing the
Constituent Assembly warningly stated that this house is not competent to finalize
the question of accession or frame the constitution, because it has lost the confidence
of the people”. “when, despite the aforesaid declarations and warnings, Kashmir
Constituent Assembly adopted a constitution on November 17.1956, to be enforced
in full on January 26.1957,section 3 of which declared that the State of J&K is and
shall be an integral part of India, the security Council again met on January 16.1957
and passed a resolution(S/3779) on January 24.1957 reminding the government of
India and Pakistan and the authorities concerned, of the principle embodied in its
resolution of April 21.1948, June 3.1948, March 14.1950, March 30.1951 and
UNCIP’s resolution of August 13.1948 and January 5.1949 that the final disposition
of the state of J&K will be made in accordance with the will of people, expressed
through the democratic method of a free and impartial plebiscite, conducted under
the auspices of UN and reaffirmed the affirmation of its resolution of March
30.1951"
“It also declared that the convening of a Constituent Assembly, as recommended

by General Council of National Conference and any action that Assembly
may have taken or might attempt to take to determine the future shape and
affiliation of the entire state or any part there of or action by the parties
concerned, would not constitute a disposition of the State in accordance with
the above principle”
“It is utterly unconstitutional to deny Kashmir’s the right to demand a plebiscite,

because that right is implicit in the proviso which shows that a decision regarding
the disposition of Kashmir is yet to be made by international “Agreement” or at an
“International Conference”. Proviso to Article 253 clearly invalidates section 3 of
the Constitution of the State, which otherwise also, read in the context of UN and
UNCIP resolution is invalid and redundant”,
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“Ever since 1931,Kashmiris have been engaged in a relentless strife against
their continuous subjugation the spirit of their sacrifice for attainment of
freedom has reached the zenith in recent months, “he said
“The establishment of Sainik colonies and Resettlement of Kashmiri Pandites

in separate clusters or implementing the Industrial policy are all tools of
repression, which have been rightly rejected by the people of Kashmir. It is in
the interest of all State Holders that the be settled accessibly by mutual
consultation and agreement. Liability and big heart should replace the
continuous use of force which has taken a huge tolt human life and property .
The show of pyidity and the military might is going to glorificate the matter
rather than putting it to solution.

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Vakil Mazil
Nida Nazir B.A.LLB
7th Semester Roll No: 17
Mohammad Yaqoob Vakil, 78, founder member and ex-general secretary of the Hurriyat
Conference, is the oldest member living in the 7 storied Vakil Manzil.
Vakil Manzil, Zaina Kadal, was constructed 120 years ago in 1892 by the
grandfathers of Mohammad Yaqoob Vakil. Recently in 2012, Vakil Manzil
was declared as a heritage building by the high court. This has a reason behind
it. Firstly, it is 120 years old and secondly, Ali Mohammad Sagar, General
Secretary of National Conference, wanted to dismantle it and construct a
complex at its place. Mohammad Yaqoob Vakil did not let this happen. He
went to the high court and fought for his house and after his constant efforts,
Vakil Manzil was declared as a heritage building and nobody could do any
harm to it.
Vakil Manzil is a beautifully constructed 7 storied house (now only 5. 2 of its stories
were gutted in fire). It has 48 rooms, 2 extra sized halls and 22 TAAKS. Taak means window
and during the days it was constructed houses were measured by taaks.
The material used in this house is very rare and expensive.
The wood used is only Deodar. While designing the wood for the house, special attention
has been given to the hallow structures in the logs. No knot (hollow structure) can be seen
anywhere. The wood was bought from thousands of Deodar trees of the Kupwara forests
and it is estimated that more than 9000 cubic feet of Deodar has been used in the construction
of this house.
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The bricks used in this house are again very rare and are not easily found anywhere, except
in the old secretariat. The size of these bricks is exceptional. 4 inches by 10 inches whereas,
the size of the normal bricks is around 2.5 inches by 8 inches. The bricks used are so strong
that is guaranteed, if you throw a brick from the 4th story it won’t break.
The topmost 2 stories of this house, caught fire in 1997. They were the most beautiful and
expensive stories of this 7 storied house. After the fire, the government estimated the loss
for each story to be 2.5 crores.
The height of each one of these stories is 11 feet. Up to 5 feet, the walls were made of walnut
wood carvings and the other 6 feet were of superior paper machie. The ceiling was of khatamband,
made completely from deodar over which beautiful designs of superior paper machie was
done. The carpets were matching to the ceiling. The columns that were for support were
entirely made of walnut wood carving in the shape of dragons.
Each hall had a capacity to hold more than 1400 people. With each hall 4-5 rooms were
attached to store things that were used in marriage ceremonies as the halls not only served
the people living in Vakil Manzil, they served as community halls for the whole of Zaina
Kadal. All the marriages in Zaina Kadal took place in the halls of Vakil Manzil.
Vakil Manzil was not only used socially, but politically also. In 1931, when Tehreek started in
Kashmir, Muslim Conference headed by Mirwaiz Molvi Yousuf Shah along with Sheikh
Mohammad Abdullah, Chowdary Abbas and other leaders came into being. These leaders needed
a spacious place for their political activities. As Vakil Manzil was the biggest house in the
locality, one of its stories was converted into Muslim Conference Headquarters for 5-6 years.
Vakil Manzil has seen almost 6 generations living within it, Mohammad Yaqoob Vakil
wishes it to see more.
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I wish it would change..!
Taibah Amin
B.A.LLB 2nd Semester
Roll No: 30
I wish it would change. The urge to cut myself. I wish it would change. This pain that is felt.
wish it would change. So I write it all down.
I wish it would change. I’m just trying to fight it.

Wearing my blank lifeless frown. I wish it would change.
I wish it would change. Everyday trying to hide it.

Crying every day. I wish it would change.
I wish it would change. My sorrow, My pain.
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Not having anything to say. I wish it would change.

I wish it would change. It’s getting worse every day.
So I don’t have to write poems. I wish it would change.
I wish it would change.

And wish everybody knew them.
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BET! BACHAO BET! PADAO
Our Mantra should be: “Beta Beti Ek Samaan
Ifra Showkat
B.A.LLB 1 Semester Roll No: 81
st
“Let us celebrate the birth of the girl child. We should be equally proud of our daughters. I
urge you to sow five plants when your daughter is born to celebrate the occasion.” -PM
Narendra Modi to citizens of his adopted village Jayapur.
Beti Bachao Beti Padhao (BBBP) was launched by the Prime Minister on 22nd January,
2015 at Panipat, Haryana. BBBP addresses the declining Child Sex Ratio (CSR) and related
issues of women empowerment over a life-cycle continuum. It is a tri-ministerial effort
of Ministries of Women and Child Development, Health & Family Welfare and Human
Resource Development. The key elements
of the scheme include Enforcement of Pre-
Conception and Pre Natal Diagnostic
Techniques (PCPNDT) Act, 1994, nation-wide
awareness and advocacy campaign and multi-
sectoral action in select 100 districts (low on
CSR) in the first phase. There is a strong
emphasis on mindset change through training,
sensitization, awareness raising and community
mobilization on ground. The purpose of
launching Beti Bachao Beti Padhao scheme is
to make girls independent socially and financially using their proper rights and higher education.
It helps in improving the awareness among common public and improving the efficiency of
welfare services given to women. If we have a sight on latest census report of 2011, we see a
continuous decrease in the female child sex ratio (of age group 0-6 years) from last some decades.
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In 2001, it was 927/1000 whereas in 2011 it remains only 919/1000. There is huge reduction in
the number of girls because of the practice of aborting female fetus after sex determination
through modern diagnostic tools in the hospitals. This bad practice came into existence because
of the gender discrimination in the society. And, after birth of a girl child, she has to face another
type of discrimination in terms of education, health, nutrition, safety, rights, and other needs of
the girl child. We can say that women were dis-empowered instead of being empowered. In
order to empowering women and giving them their full rights right from their birth government
of India has launched this scheme. Empowering women brings all around progress especially in
the family and society. Beti Bachao Beti Padhao scheme is the way to achieve positive changes
in the human negative mindset for girls. This scheme may make a call to people to end the
discrimination between sons and daughters and work as a key to end female feticide. While
launching the scheme, PM reminded the whole medical fraternity that the purpose of medical
profession is to save lives and not finish lives.
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Discrimination against Girls
Shugufta Bhat
st
Being a girl or a woman in our society is quite challenging. I am myself a girl and I can
recall a number of things which my parents and society tells me but not to my brother. In
every family, every girl faces discrimination to some extent.
The following are the things which girl faces most of the time, but not a boy:
Don’t wear short and revealing clothes. What will people think about us if they were to see you
in this state. Wear a Jacket or Scarf and hide your face while traveling. If anyone comments or
whistles at you, just ignore. Don’t create a scene, it could turn harmful for you after all you are
a girl. Get back home before it is dark. Don’t drive alone at night. It is not safe for a girl. How can
you do night shift? Ask your company for the day shifts. Travel and hang around with other
girls. Don’t go with your guy friends.
In India some parents show partiality between their daughter and son because it is believed
since ages that daughters are “someone else’s wealth”. I have seen many cases of
discrimination between daughters and sons.
Basically in India, at first most of the couples don’t want daughters at first (due to age old
thinking and narrow mindedness). This leads to sex determination through illegal methods
and then killing the child (if it happens to be a girl) as they think who will carry on their
family’s legacy because the daughter will get married and be a part of another family. They
also don’t want to spend too much money on her marriage.
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If they are born, some people don’t want to spend a penny on their education because they
think she will anyways marry and go away to do household chores in her in law’s house.
Again all of this is due to old age customs and blind beliefs.
Even if they agree to educate their daughters, they will be discriminated against everywhere.
While their brothers can go and visit any place at anytime, their sisters can’t. They only
have to stay at home.
In my opinion the discrimination might be because they were treated the same way when
they were children and now they are not flexible enough to change themselves. Many
Indian families are orthodox and they believe that only a son can bring fortune and lead
them to salvation.

Partiality in home goes like this: Scene1:
Mom has something that’s edible and she tries dividing it into two equal halves but ends up
making unequal pieces. And the bigger part is given to son and she gives an excuse to her
daughter telling that he is younger or elder than you and also a boy. So he needs to stay
strong.
Scene 2:
There’s an argument going on between a brother and sister. Soon it turns into a fight mother
yells at the top of her voice asking her daughter to stop it her fight there. She supports son
and asks her daughter to go to her room.
This partiality pierces deep inside my heart like a poisoned arrow.

India ranks 132 out of 187 countries on gender inequality Index, according to UNO’s reports,
2013. And as per the reports, 2014, the sex ratio of India is 934 females per 1000 males.
The fact states that 31 millions girls of primary school age around the world are not in the
school.
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Natural Disasters
Ulfat Hamid
B.A.LLB 1st Semester (A)
Roll No: 15
A ‘natural disaster’ is a major event resulting from natural processes of the Earth. It
causes a great loss of life and property. During such disasters, the number of people
who are rendered, tripped and house-less is more than the number of people who lose
their lives. Even the economy of the place which faces a natural disaster gets affected.
It is true that a natural disaster is a natural process and we cannot stop it but by making
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certain preparations, we can reduce the magnitude of the loss to life and property. First
of all we should reduce global warming which is the root cause of all the problems. We
should also have insurance policies so that we could have sufficient money to rebuild
our lives after any such disaster. The scientists should invent advance warning systems.
While constructing buildings, we should make sure that it is strong enough to withstand
earthquakes. We should educate people about evacuation during any disaster.
Different types of natural disasters are:

Floods, Hurricanes, Tornadoes, volcanic eruption, Earthquakes, Tsunamis, etc.
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“School Life: The Golden Period of Child’s life”
Sana Dar
“As a child we always wanted to

grow up fast , but now we realize
that incomplete
homework and broken toys were
far better than unfulfilled dreams
and the world
outside.” As a child grows so do
his tensions and responsibilities.
Well this cannot define the
difference between the school life
and college life but
provides us a sufficient outline.
We always wanted to grow up fast like our parents so that no one could scold us or
instruct us to do anything.
In school life there are tensions of studies rather I would suggest that if we take up studies as
daily routine, like bathing, eating etc. then we would feel relieved of thistension. In school we
have teachers to support us and teachers at school care for us andlove us like a Parent and
expect us to be disciplined so that we are on the right path of aa bright future. We enjoy a
lot under the motherly warmth of our teachers at school.
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We always wanted freedom; we used to think it exists.

Does it? Yes it does. It exists in the frank discussion with your teacher in school.
It exists in the fight over stupid matters with friends in school.
It exists in playing pranks with friends and teachers in school.
It exists in passing a lovely smile to teacher for even the gravest mistakes in school. It
exists in not completing assignments on time and still asking for marks, in school.
When at school, we feel that we are bound by many rules and regulations and once we will
reach college we will be a free bird, no teachers to force us to attend classes, no uniforms,
etc. But no, we are under a false notion. At college we may be misguided and go astray
without the supervision of teachers. There the students who care for studies have to keep
themselves updated and are bound to attend classes whether they wish to or not because
attendance does matter and carries marks! In college you are the best judge of good and
bad. The so called freedom is a mirage because responsibility of your actions lies on you.
There is no one to guide you, to lead you on. I am in college and I know the freedom out
here – it is an illusion.
However it is the school life which gives us the real freedom – the freedom to live in a
cocoon of care, concern and commitment of our teachers. The best phrase to sum up school
life would be ‘A Free Life’.
So enjoy your school life, enjoy your freedom!!

And in the end all I would like to say is “In the cookie of life, school and teachers are
the chocolate chips that make life sweet, surprising and yummy.” I would like to thank
my teachers for being the yummy chock-chips of my life.
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I am not consulted
Shazia Bashir
Who had named me,

“The best of creation”
I deserve to be naked
The crest of tension
Air is better than me
For, it is loose and free
Streams are better than me
Which always chant in glee
I was deprived of heaven
For the sin Adam did
Before I was created
I was never consulted
I was sent in a home
I was given a name
I was sent in a school
I was given an aim
I can’t live my life
I can’t air my anxiety
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I am forced to do,
What is liked by society
I am ordered to weep
I am ordered to smile
I can’t express my emotions
Even for a short while,
As a twig in water
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Thankfulness for Hardship
Hakeem Aadie
B.A.LLB 2nd semester Roll no. 94
The Quran says:- Yet it may happen that you will hate a thing that is better for you and it
may happen that you will love a thing which is worse for you ( Al Baqara 216).
If we know; others have more problems.
If we know; problems draw our attention to Allah.
If we know; problems break down our pride and remove hard-heartedness.
If we know; problems remind us of those suffering from pain.
If we know; problems prompt us to defend and innovate.
If we know; problems remind us of the value of the past blessings.
If we know; problems lead to receiving Otherworldly reward.
If we know; problems are warnings and alarm clock for the Resurrection.
If we know; problems cause recognition of our patience or recognition of our friends.
And if we know that more or harder problems might have happened to us,
then we would find out that the apparent hardships are sweet in their own ways.
Indeed, to a child a candy is sweet and onions and pepper are hot and distasteful; but to
the parents who are much more grown up, sour and sweet are both tasteful.
In the battle of Uhad, Imam Ali (a.s) said, “Taking part in the battlefield is an instance, for
which we should be thankful”. And His daughter, Zainab (s.a), said in response to the
Umayyad Criminals, “I saw nothing but beauty in Karbala”.
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MISWAK,
Its Physical & Spiritual Benefits
Areeba Ahad
MISWAK is the sunnah of prophet Muhammad S. A. W. which is recommended for use

every day before Salah(prayers). It has many physical as well as spiritual benefits,
Some of which are mentioned below:
1. Miswak strengths the gums and prevents tooth decay.

2. Miswak assists in eliminating tooth aches and prevents further increase of decay
which is already set in.
3. Miswak creates fragrance in the mouth.
4. Miswak eliminates bad breath.
5. Miswak strengths the eye sight M.
6. Miswak assists in digestion.
7. Miswak causes the teeth to grow.
PHYSICAL BENEFITS
1. Makes Gums stronger and adds freshness to the mouth.
2. Delays ageing of teeth makes them shiny.
SPRITUAL BENEFITS
1. Increases the reward of Salah
2. Relaxes the brain and satisfies the heart.
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THE TIMES WHEN USE OF MISWAK IS SUNNAH;

1. For recitation of Quran.
2. For the learning or teaching of virtues of ISLAM.
3. At the time of SEHRI.
4. Before meals.
5. Before undertaking a journey.
6. Before sleeping.
7. Upon awakening.
8. For recitation of HADITH SHAREEF.
9. ON returning from a journey 10.After entering our home.

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Impact of Internet on Education
Tabasum Fayaz
Internet has revolutionized the whole world

in a short duration of time. It is the youngest
among all the technology ruling the world
right now. During the 805 BC, computer
was the symbol of human supremacy.
Earlier it was beyond our imagination to
think of connecting all corners of the world
but now the internet technology has made
it more than possible. Traces of digital
environment and internet technologies are
all around us. Internet is the central nervous
system of almost every communication
network today. The internet provides us with up to date information on a variety of topics. Every
now and then we come across a new way of sharing information made possible by the internet.
Internet is also revolutionizing our teaching and learning environment. Internet and education
are becoming closely interconnected. The biggest issue related with internet as a tool of education
is how effectively we can use it to promote positive teaching learning experiences. The internet
can be viewed as providing the following three basic types of tools in the educational domain.
Tools of inquiry, tools for communication and tools for construction. The internet has been
beneficial in the educational area as a repository of vast amounts of information. Internet
technology gives lifelong learners the tools to become autodidacts. It is a cheap alternative to
expensive tuition fees charged by institutions of higher learning. However the educationists
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who mean to employ the internet as a learning tool highlight the fact that not all information
found on the net can be accepted as authentic. They emphasize that internet users must be taught
internet literacy skills for verifying the authenticity of the available content. The learners should
also be taught how to obtain the desired information on the internet by using various search
strategies and techniques.
Over the next decade the capability of internet services devoted to e-education purposes is
set to increase enormously.
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Patience / Sabar
A Way to Earn Companionship of Allah
Shah Sharika Yaseen

Why is it always me? It could have been any other person of world, why just me? Why am I
always target of all the sufferings one could have! I am not scoring grades good enough in class,
I am ill, My business is going down etc. It’s not just first time I am unlucky!!!
These and a lot of similar questions come in our mind when we are in hard
time of our life, or we consider the current situation hard. We get worried or
we start thinking as if we are the most unlucky and most ruined person of
world, no one is miserable than us. But this is not an attitude of a Muslim!.
A believer never curses his self or loses hope! While reciting Kalimah! We
admit the supremacy of Allah Almighty, We put our trust on Him and consider
him the only one who is worth worshipping. By this, we admit that He is
the writer of faith! And nothing of the good or bad coming to us is outside
of his command or wish!. Allah says “And certainly, we shall test you with
something of fear, hunger, loss of wealth but give glad tidings to Saabireen
(the patient one ), who when afflicted with calamity say Inna ll I llaa hi wa
Inna liahi raajiun ( verily to Allah we belong and verily, to Him we shall
return). They are those on whom are the Salawaat (that is who are blessed and will be forgiven)
from their lord and (they are those who) receive His Mercy and it is they who are guided ones “
(2:155-157). This beautiful Ayah explains a lot of things in one shot. It conveys that it is confirmed
that you will be tested, put into difficulty you would have to bear hardship there will be a period
of trial hard times come on everyone, a Muslim is commanded to observe Sabar, Patience,
Forbearance, Perseverance and Constancy in Hardships.
“Be Patient, for your patience is with the help of Allah” (16:127).
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“And Be Steadfast in Patience: For Verily Allah will not suffer the reward of
the Righteous to Perish (The Noble Quran), (11:115)”.
Allah loves His believers so much, why ever would He put him in difficulty?. But to test
our faith and steadfastness on faith, its important to be put in trial and test, To gauge our
emaan and strengthen it too. And Allah Promises in Quran that : Verily with every difficulty
there is relief. And when writer of the fate himself promises that he is with the ones who are
patient and have forbearance, who else we need on our side? Do Sabar be Patient, Maintain
perseverance and seek help from Him as He is the listener of all prayers.
(Patience or Sabar is not Just ability to wait for help of Allah but its ability to keep a good
attitude while waiting).
Life
Tabish Nazir
Who can explain life,

Its happiness and strife
The love and care
The hate and fear the monotonous system of education. He regarded teacher as a human
engineer.
He wanted an all round development of a student and laid stress on getting rid of the short
comings which hinder the progress of child education and the all round development of his
personality. It should free the mind from all fears and obsessions of social evils. Education
must attempt to accomplish the
Who can explain a tear,
A smile that hides a fear,
Who can explain its merriment?
It’s beautiful scent?
Who can explain this four letter word?
Comprises of both flowers and a sword
Who can explain its grief in lines very brief?
Who can explain the laughter that brings tears alone?
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Who can distinguish that true smile amongst the throng?
Who can explain stress?
When life becomes a mess?
Who can explain a war?
That kills thousands in an hour
Who can explain sufferings?
That uneasy longing
Who can explain fun?
When problems are none?
Who can explain why life sometimes comes to a halt
When every dead end is actually a start
No one can explain but wonder
About the joy, fun and that dreadful thunder

YETH
VYETH
The Thought of You
- The Omnipotent
Shahid Shah
“Mother,
Why is it
That the sky is so high?

Why is it so blue?
And how can these heavy clouds
Be stuck to the horizon without glue?”

”Mother,
How can the invisible wind blow?
Why does the sea ebb and flow?

And why is the chameleon’s tongue so fast
While all his movements are so slow?”
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”Tell me,Who taught the buzzing beeAnd guided the slumbering flea?
Who painted the blue sea
And spread leaves on the dyeing tree?”
”What about that “Big Bang”

How can an explosion in a library
Haphazardly give birth to an oxford dictionary?”

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I know, I know,
You would say “nature” He is The One
Or add a “mother” Who created us from the dot

And attach it to “nature” And gave us iron, gold and
cotton.
Then, joyfully answer: He is the One who begets not

“Mother Nature!” And nor is He begotten.
Let me tell you about Him: Him: My God
The King of every parcel of land, Him: ALLAH.

The One; under whose command,
Every ship finds a safe bay. ASHHADU ANNA LA ILAHA
ILLA ALLAH
Thanks to Him, bright becomes the day. WA ASHHADU ANNA
MUHAMMAD RASULULLAH!
Thanks to Him, dark gets the night.

Him; the Omnipotent, full of mercy and might.
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Humanity & Loyalty
Sheikh Sahista
nd
Humanity & Loyalty is a best Religion for mankind. Humanity & Loyalty can be defined as
quality of Being Human. Surely, we look like a Human from outside but inside we have lost
our Humanity & Loyalty.
Humanity & Loyalty are co-related. These two terms are considered as the two sides of a
same coin, without these two Qualities Human Beings are like an Animal. If we look in our
surrounding these twi Qualities are hardly seen. Today’s world is full of selfishness, Unfair,
unfaithful, untruthful & dishonesty.
Humanity & Loyalty is one of the most important & beneficial virtue which a good person
must have.
But,
where is our Humanity?
Where is our Loyalty?
What is happening?
A Loyal behaviour means the behaviour which is free from cheat & deceit. Humanity &
Loyalty is based on Truthfulness. They are free from all kinds of evil motives.
If we are Loyal & have Humanity, people will believe in us, they respect our words &
believe in our dealings. Loyal people are respected by all. They have the good position in
their society.
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Humanity & Loyalty is the greatest virtue which we should have. If all people become
Loyal & have Humanity, our society will be an Ideal society. Being the gold slaves we
should always be Loyal to out ALLAH.
“A PUNISHMENT FOR A LIER IS THAT, NOBODY IS ABLE TO BELIEVE HIS TRUTH

ALSO”
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Sleep
Dar Urba
SHE has been in love with me from my childhood. And for me...Well, I too like her so
much. This may be because she is calm and peaceful and comforting and relaxing. I think
I have spent more than one fourth of my life in her sweet company. She is bold and comes
to me whenever I need her...in the class, in the bus, at home...though sometimes it’s very
embarrassing. As I wanted her not to come during the day time, she understood. But since
she is very sporty and playful, she sometimes disagrees and comes during the day...but now
most of the time she comes only during the night.
One day she came to me in the classroom. My teacher said to me, “If you cannot live without
her; you should get out of the classroom.”As the teacher shouted at me, we both got frightened
and ran away. That night I waited and waited but she didn’t come. Alas! I was worried. Where
had she gone? Is she angry with me? Will she never come back again?
At night, I was waiting for her, I missed her very much. Suddenly my eyes felt relaxed and
I knew it was her. There she came. OH GOD. I felt so happy. I thanked God when she came,
though she came very late. She was with me the whole night. Early in the morning, I didn’t
allow her to leave. It was 10:00am and all of sudden my mother came and caught me red
handed in her lap. As my eyes were closed, my mother, out of anger poured a jug of water
on my face and I got up at once. I felt ashamed and could not say anything. She too felt the
same and again ran away.
CAN YOU GUESS WHO SHE IS?
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WELL...She Is My “SLEEP”.

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Hijab
Raziya
My essay on the importance of Hijab (Islamic veil) might be long, but it is not going to be
longer than the years a Muslim girl spends without wearing the Hijab. So, you are kindly
requested to be patient and read this essay carefully. Take your time and think twice before
you decide to wear Hijab because we want you to be fully convinced and feel proud among
your peers.
A girl has two births: the first one when she is born and comes
to existence and sees the light of this world, and the second one
when she wears the Hijab and witnesses the light of guidance
and belief.
The first thing we must understand is the concept of Hijab. The

literal meaning of the word Hijab is to veil, partition or place a
barrier between something. This does not solely refer to clothing
and does not exclusively address women.
In Surah-Nur of the Holy Quran, the command for Hijab is
first directed toward the men then to the women. Allah (SW) says:
“Say (O Muhammad) to the believing men: lower your gaze and protect your
modesty that is more pure for you...
And Say (O Muhammad) to the believing women: lower your gaze and protect your modesty
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and do not openly reveal your beauty (apart from to your mahrams)...”
Hijab is a psychological peace and quiet and a high feeling. The Hijab reflects the strong
determination and personality of the girl who wears it because wearing Hijab means that
she managed to overcome the temptations and evil ideas around her and has committed to
what many other girls can not commit to easily. Some girls pray and worship Allah but they
do not wear Hijab. This means that they have a will to pray but they have not got the will to
wear the Hijab yet. This confirms what mentioned above that the girl who wears the Hijab
has a strong will and personality.
Wear a Hijab and deal with people in your society according to the teachings of Islam, you
obey Allah and presents a wonderful image of the Muslim girl and thus, you will be a guide
to the right path to Allah who (glory be to Him) will reward you with paradise.

Ethics

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VYETH

Access to Justice: Myth or Reality

(i) CONCEPT OF JUSTICE

According to Roscos Pound, Social System has defined certain

(ii) NATURE AND MEANING OF ACCESS TO JUSTICE

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 1

INTERNATIONAL HUMAN RIGHTS LAWS

Art.10: Everyone is entitled in full equality to a fair and public hearing by an

POSITION IN INDIA (CONSTITUTIONAL PROTECTION)

LEGAL AID AS A MEANS TO ACCESS TO JUSTICE

ROAD BLOCKS IN ACCESS TO JUSTICE

CONCLUSION: THE WAY FORWARD

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 5

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 6

A. Public Libraries: in particular have the potential to

C. Special Libraries : These Libraries are sometimes called as documentation centers

Toilets , Canteen facility are characteristics of a modern library

Second Law : Every reader reads His / Her book

The Men and Women

City folk and Country folk :

Adult and Child :

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 11

Presently, there is a widespread acceptance of the importance of human rights in the

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 13

2) The Medical Termination of Pregnancy Act, 1971

4) The protection of women from domestic violence Act , 2005

The commission of Sati (Prevention) Act 1987

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 15

Iqbal was a philosopher and he put forth a philosophy for an

“Where the mind is without fear,

to prepare students for a sustained conviction towards a noble cause.

Seeking of knowledge is obligatory on every Muslim.

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 16

He says in one of his book “Zarb-i-Kalim” that:

We’ll not cry if you fart.

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 17

But we will cry if we fall.

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 18

Success is journey, not the destination. Success does

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 19

It is very easy to tell girls, ‘Be strong, you are beautiful,

If someone doesn’t feel worthy, they might do something they

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 20

The first son went in the winter, the second in the

When they had all gone and come back, he called

The second son said no – it was covered with green

Ever since the rise of civilization, war and armed

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 23

Later, International Organization of Consumers’ Union

The consumer movement exercises a considerable influence on the socio-economic environment

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 24

The following features of consumer movement are noteworthy:

2. It is a mass movement in the sense that masses are the general

3. It is generally a non-official movement. Public and voluntary

4. Though it is not a government-sponsored movement, it is recognized and backed up by

VYETH Vol.: 6, 2017 Vitasta School of Law & Humanities 25

The Packaged Commodities (Regulation) Order, 1979, requires manufacturers to display

Shortages of essential goods as well as inflation can be highly regressive if a public

distribution would take care of them.

Object of consumer protection law in India

Rights of Consumer as Per the Consumer Protection Act 1986

Authorities under Consumer Protection ACT 1986: District Forum

The remedies available to consumers under this Act are as follows:

(b) Replacement of Goods: