LEGAL LANGUAGE (SEM-1)

Module-3

Question Paper Format

Duration Questions to be No. of Sub Marks for sub Total Marks
Attempted Questions Questions
150 Min Long Answers 3 out of 5 13 marks each 39
(2 ½ Hours)
Short Notes 2 out of 4 6 marks each 12
Situational 2 out of 4 6 marks each 12
Problems
2 Sentences 6 out of 8 2 marks each 12
Answers
Total Marks 75 Marks

 Legislative Material
For the sake of convenience and good order, every Act is divided into various parts called Sections,
Further a section is divided into sub-sections.

Anatomy/Parts of The Act:-

1. Short Title:- Title of the Act

2. Official Citation:- (Placed in Brackets)
3. Date of Assent:- The date on which the Bill received the assent of president (in the case of a central
bill) or the assent of Governor (in the case of state bill)
4. Long Title:- (Reason of the particular act that why it was passed
5. Preamble: Explained in Detail
6. Enacting Formula:-
7. Extent:- The extent of the act is the territorial applicability of the act.
8. Date of commencement:- Is the date on which the act comes into force.
9. Sections,Sub-Sections, Clauses,Sub-Clauses:- Every Act is divided into small segments called
sections, Each section is numbered separately, very often section is further divided into sub-sections.
And some sections& sub-sections are divided into clauses and sub-clauses.
10. Marginal Notes:- A Marginal note is a brief note appearing in the margin next to every section.

Q. Act Name
Act Description
Short Title and Commencement
Identify the Following
(a) Short Title (b) Long Title (c) Date of Assent (d) Long Title (e) Extent (f) Date of Commencement
(g) Official Citation

Anotomy/Parts THE MATERNITY THE PROTECTION OF THE MEDICAL

BENEFIT ACT,1961 HUMAN RIGHTS ACT, TERMINATION OF
1993 PREGNANCY ACT,1971
Short Title The Maternity Benefit Act, The Protection of Human The Medical Termination of
1961 Rights Act, 1993 Pregnancy Act, 1971.
Official Citation Act No.53 of 1961 Act No. 10 of 1994 Act No. 34 of 1971
Date of Assent 12th December 1961 8th January 1994 10th August, 1971]
Long Title An Act to regulate the An Act to provide for the An Act to provide for the
employment of women in constitution of a National termination of certain
certain establishments, for Human Rights Commission, pregnancies by registered
certain periods before and State Human Rights medical practitioners and for
after childbirth and to Commissions in States, matters connected therewith
provide for maternity benefit Human Rights Courts for or incidental thereto.
and certain other benefits. better protection of human
rights, and for matters
connected therewith or
 incidental thereto
Preamble This Act does not have a This Act does not have a This Act does not have a
Preamble. Preamble. Preamble.
Extent This Act extends to the It extends to the whole of It extends to the whole of
whole of India. India, provided that it shall India except the State of
apply to the State of Jammu and Kashmir.
Jammu and Kashmir, only
in so far as it pertains to
the matters relatable to
any of the entries
enumerated in List I or List
III in the Seventh Schedule
to the Constitution as
applicable to that State.
Date of The Act does not contain any This Act shall be deemed to The Act does not contain the
Commencement specific date of have come into force on date of commencement.
commencement, In view of September, 1993 (However, vide a Notification,
the above, the Central the Act was brought into force
Government issued a with effect from 1st April
Notification to bring the Act 1972.)
into Force with effect from
1st November, 1968.

 Judicial Material

Headings D.K Basu v. State of West M.C. Mehta v. Union of India

Bengal AIR 1997 SC610 AIR1987 SC965
Case Disclaimer This is a landmark judgment given Shriram, a subsidiary of Delhi
by the Apex court in the case of an Cloth Mills Ltd., had several units
increasing number of custodial situated in a single complex
deaths in India. The executive comprising land of approximately
chairman of legal aid services 76 acres in a densely populated
wrote a letter against the area around it. The enterprise
increasing number of cases of manufactured various chemicals
custodial deaths and this letter like caustic soda, chlorine,
was treated as a writ petition by hydrochloric acid, sulphuric acid,
the court by taking into alum, anhydrous sodium sulphate,
consideration the gravity of the high test hypochlorite and active
issue. In this case, it was earth and regularly used products
observed by the court that there is such as bleaching powder,
no effective mechanism proposed superphosphate, vanaspati and
by the legislation to deal with the soap. The caustic chlorine plant in
cases of custodial deaths in India. question was commissioned in
1949 and had strength of 263
employees.

Ratio/Facts It was held by the court that this This is the landmark judgment as
act is against Art. 21 and 22 of the for the first time in Indian history a
Constitution of India. It is in clear company (Shriram Food And
transgression of the victim’s Fertilizers Ltd.) was held liable for
fundamental rights and human its actions and was asked to pay
dignity. Sometimes it is difficult to compensations. It was held by the
prove the guilt of police officers as Supreme Court of India that a
a lack of evidence against them. complete ban on such industries
No direct evidence available will impact the growth and
against these officers leads to development of the country and
their acquittal. It was also the closure of such industries
observed by the court that the use would bring unemployment to
 of third-degree methods by police 4000+ workers.
is illegal and should not be used to
extract the information from the The Supreme Court in its decision
accused and held that majesty of made it clear that closing of such
the law must prevail. Thus, it is the industries will create a hindrance
right of the police to investigate in the development of the country,
the case and interrogate the certain conditions were drafted for
accused but not allowed to use the safety of people and the
third-degree tortures to extract the environment so that there would
information. Court also observed be no hindrance in the
that recommendations suggested development of nation and there
by the law commission report must would be no hazardous disaster
be adopted by the government to like Oleum gas leakage. In this
curb these offenses against particular case, the Supreme
humanity. Court focused on social, legal, and
economic factors of the society;
i.e. defended the environment as
well as rights of the public.

This particular case propounded

the principle of absolute liability
and also highlighted the concept
of deep pocket in law. Here, article
21 of the Indian Constitution is
interpreted as a right to a dignified
life- with healthy environment
clean air and surroundings.
Guidelines of Court It is the duty of the police officers The Court then laid down the
not to use third-degree methods following eleven conditions, which
while having investigation and Shriram was obliged to observe,
interrogation from the accused. so that the possible risk to the
workmen and the community was
Attention must be required in almost reduced to nil. (1) An
checking the working environment, Expert Committee was appointed
training, and orientation of the by the Supreme Court to monitor
police officials with the basic the operation and maintenance of
human values. the plant and equipment. This
Expert Committee would inspect
The legislature must adopt the the caustic chlorine plant of
recommendations suggested by Shriram at least once in a fortnight
the law commission report by and examine whether the
inserting Section 114-B. recommendations made by
Manmohan Singh Committee and
A balanced approach should be Nilay Choudhary Committee are
used by the police to extract the being scrupulously implemented
information from hardened by the management. (2) One
criminals. operator would be designated as
personally responsible for each
There must be a memo made by safety device or measure and the
the police officer in charge at the head of the caustic chlorine
division should be made
time of arrest and at least one
individually responsible for the
family member of the accused
must be present when the arrest is efficient operation of such safety
device or measure. (3) The Chief
made.
Inspector of Factories or any
Senior Inspector duly nominated
The requirements under the
by him, would inspect the caustic
Constitution under Art. 21 and
chlorine plant, at least once in a
22(1) must be followed by police
week, by paying a surprise visit
officers.
without any previous intimation,
 and examine whether the
Awareness must be created to the
recommendations of Manmohan
arrestee so that he can
Singh Committee and Nilay
understand his basic rights at the
Choudhary Committee are being
time of the arrest.
complied with by the management
and whether the safety devices or
Also, the court has given certain
instruments installed by the
preventive measures that must be
management are operative and
followed by the police officer in
are properly functioning. (4) The
charge at the time of the arrest of
Central Board would also depute a
an accused.
senior Inspector to visit the plant
at least once in a week, without
any prior notice to the
management, for the purpose of
ascertaining whether the effluent
discharged from the plant, as also
at the terminal outlet, complies
with the necessary standards. 5)
The management of Shriram
would obtain an undertaking from
the chairman and Managing
Director of the Delhi Cloth Mills
Ltd., which is owner of the various
units of Shriram, as also from the
officer or officers who are in actual
management of the caustic
chlorine plant, that in case there is
any escape of chlorine gas
resulting in death or injury to the
workmen or to the people living in
the vicinity, they will be personally
responsible for payment of
compensation for such death or
injury. (6) There would be a
Committee of three
representatives of Lokahit
Congress Union and three
representatives of Karamchari
Ekta Union, to look after the safety
arrangements in the caustic
chlorine plant. The function of this
Committee would be to ensure
that all safety measures are strictly
observed. (7) There would be
placed in each department or
section of the caustic chlorine
plant, as also at the gate of the
premises, a detailed chart in
English and Hindi stating the
effects of chlorine gas on the
human body, and informing the
workmen and the people as to
what immediate treatment should
be taken in case they are affected
by leakage of chlorine gas. (8)
Every worker in the caustic
chlorine plant should be properly
trained and instructed, by audio-
visual programmes, in regard to
the functioning of the specific plant
 and equipment in which he is
working. He should also be
educated and informed as to what
precautions should be taken, and
in case of leakage of chlorine gas,
what steps should be taken to
control and contain such leakage.
Refresher courses should be
conducted at least once in 6
weeks with mock trials. (9)
Loudspeakers should be installed
all around the factory premises for
giving timely warning and
adequate instructions to the
people residing in the vicinity, in
case of leakage of chlorine gas.
(10) The management should
maintain proper vigilance with a
view to ensuring that workers
working in the caustic chlorine
plant wear helmets, gas masks or
safety belts, and regular medical
check-up of the workers should be
arranged by the management in
order to ensure that the workers
are in good health. (11) The
management of Shriram would
deposit in the Supreme Court a
sum of Rs. 20 lacs, as and by way
of security for payment of
compensation claims made by or
on behalf of the victims of oleum
gas. The management of Shriram
would also furnish a Bank
Guarantee for a sum of Rs. 15
lacs which would be encashed,
wholly or in part, in case there is
any escape of chlorine gas within
a period of three years, resulting in
death or injury to any workman or
to any person living in the vicinity.

Headings Vishaka v. State of Rajasthan Joseph Shine v. Union of India

AIR1997 SC3011 AIR2018 SC 4898
Case Disclaimer Issue Raised in the case: Adultery in India was based on the
Whether sexual harassment at the notion of patriarchy and male
Workplace amounts to a violation chauvinism. This offence makes a
of Rights of Gender Inequality and man criminally liable who has
Right to Life and Liberty? sexual relations with a woman,
who is the wife of another man.
Whether the court could apply And if the husband consents or
international laws in the absence connives to such an act it will no
of applicable measures under the longer be adultery. There is no
existing? right to a woman in case her
husband commits adultery. In
Whether the employer has any ancient history, adultery was
responsibility when sexual considered to be a sinful act either
harassment is done to/by its done by a married man or woman.
employees? Adultery in India does not treat a
 woman as a culprit but as a victim
who has been seduced by a man
to do such an act. This law is
violative of our constitutional
principles i.e. equality, non-
discrimination, right to live with
dignity and so on. Adultery has
been struck down as an offence in
as many as 60 countries including
South Korea, South Africa,
Uganda, Japan etc., on being
gender discriminative and violating
the right to privacy. Even Lord
Macaulay, the creator of the penal
code objected its presence in the
penal code as an offence rather
suggested that it should be better
left as a civil wrong. The law
evolves with the time and many
recent judgements have increased
the ambit of fundamental rights in
conformity with changing societal
values and increasing individual
liberty. This judgement joins them
in creating history by striking down
158-year-old law which has lost its
relevance with changing social
and moral conditions.
Ratio/Facts The constitutional principles of A writ petition was filed under
equality and liberty have been Article 32 by Joseph Shine
upheld by the Hon’ble Supreme challenging the constitutionality of
Court of India in Section 497 of IPC read with
the Vishaka Judgement. The Section 198 of Cr. P.C., being
inception of the law against sexual violative of Article 14, 15 and 21.
harassment has inspired many This was at first a PIL filed against
women to raise their voices adultery. The petitioner claimed
against the suffering that they the provision for adultery to be
were silently subjected to until the arbitrary and discriminatory on the
year 1997. Vishaka Guidelines basis of gender. The petitioner
formed the basis for the claimed that such a law
establishment of The Sexual demolishes the dignity of a
Harassment of Women at woman. The constitutional bench
Workplace (Prevention, Prohibition of 5 judges was set up to hear the
and Redressal) Act, 2013. The petition.
true spirit of Judicial Activism has
been portrayed in
the Vishaka Judgement and it has
been an inspiration to other
nations. However, Bhanwari Devi,
the spark that ignited the need for
appropriate legislation to
safeguard women against sexual
harassment, even after two
decades, is still awaiting justice to
be served. It is paramount to take
note of the fact that, though such
comprehensive laws have been
enacted to safeguard women in
India, it still ranks as the most
dangerous country for women.
 Maybe it is time to question
ourselves, is it the law or is it us
that must be responsible?
Guidelines of Court EMPLOYER’S OR OTHER Issues Raised
EQUIVALENT AUTHORITY’S
DUTY– Employer or other Whether the provision for
responsible persons are bound to adultery is arbitrary and
preclude such indecent incidents discriminatory under Article 14?
of sexual harassment from
happening. In case such an act Ans- The classification is found to
takes place, then the organization be arbitrary in the sense that it
must consist of a mechanism to treats only the husband as an
provide prosecutorial and aggrieved person given the right to
conciliatory remedies. prosecute for the offence and no
DEFINITION – For this purpose such right is provided to the wife.
“Sexual Harassment” means The provision is not based on
disagreeable sexually determined equality.
behavior direct or indirect as- The offence is based on the notion
Physical contact and advances; of women being a property of
A demand or request for sexual husband and adultery is
favours; considered to be a theft of his
Sexually coloured remarks; property because it says consent
Showing pornography; or connivance by the husband
Any other unwelcome physical, would not make it an offence.
verbal or non-verbal conduct of The provision does not treat the
sexual nature. wife as an offender and punishes
MEASURES FOR PREVENTION– only the third party.
Employers or persons in charge of
the workplace must take Whether the provision for
preventive measures such as an adultery encourages the
express prohibition of sexual stereotype of women being the
harassment in the form of property of men and
notifications or circulars, penalties discriminates on gender basis
by the government against the under Article15?
offender, appropriate work Ans- Thus the said provision
conditions in respect of hygiene, violates Article 15(1) of the
health and leisure. constitution because it is
PROCEEDINGS IN CASE OF discriminatory on the basis of
MISCONDUCT– If the offenses gender and perpetuating the
committed are the ones that fall stereotype of controlling a wife’s
under the purview of the Indian sexual autonomy.
Penal Code, 1860, then the
employer is bound to take Whether the dignity of a woman
prosecutorial action by is compromised by denial of her
complaining to the appropriate sexual autonomy and right to
authority. self-determination?
APPROPRIATE DISCIPLINARY Ans- The provision allows adultery
ACTION– If there is an occurrence on the husband’s consent or
of the violation of service rules, connivance, which gives a man
appropriate disciplinary action control over her sexual autonomy.
must be taken. This makes her a puppet of the
REDRESSAL MECHANISM– An husband and takes away all her
organization must have a individuality.
redressal mechanism to address
the complaints. This must be When the penal code was drafted
irrespective of the fact that the societal thinking regarding
whether the act constitutes an women was backward and she
offense under the Indian Penal was treated as a chattel but after
Code, 1860, or any other law as 158 years the status of women is
such. equal to that of men. Her dignity is
REDRESSAL COMMITTEE– of utmost importance which
Such a redressal mechanism or cannot be undermined by a
more precisely such a complaint provision which perpetuates such
committee must have women as gender stereotypes.
more than half of its members and
its head must be a woman. The Treating women as victims also
committee must comprise of a demeans her individuality and
counseling facility. It is also questions her identity without her
acceptable to collaborate with husband.
NGOs or any such organisations
which are well aware of such
issues. A report must be sent to Whether criminalizing adultery
the government annually on the is intrusion by law in the private
development of the issues being realm of an individual?
dealt by the committee. Ans-
SPREADING AWARENESS– To A crime is defined as an offence
raise sexual harassment issues, which affects society as a whole.
employer-employee meetings Adultery, on the other hand, is an
must be held. The employer must offence which tantamount to
take appropriate actions/measures entering into the private realm.
to spread awareness on the said Adultery may be committed by two
issue. consenting adults making it a
victimless crime.

This provision aims to protect the

sanctity of marriage but we have
to admit that because of a pre-
existing disruption of marital tie
adultery is committed.

The other offences related to

matrimonial realms such as
Section 306, 498-A, 304-B, 494 or
any violation of Protection of
women from Domestic Violence
Act, 2005 or violation of Section
125 CrPC are related to the
extinction of the life of a married
woman and punishes her husband
and relatives.

In adultery, a third party is

punished for a criminal offence
with a maximum 5 years
imprisonment. This is not required
in the opinion of the court.

This provision makes a husband

an aggrieved person and a woman
a victim. Even if the law changes
and provides equal rights to
women against adultery, it is
totally a private matter.

Adultery is better left as a ground

for divorce and not a crime.
Headings Aruna Shanbaug v. Union of Young Lawyers Association v.
India AIR2011 SC1290 The State of Kerala AIR 2018 SC
1690
Case Disclaimer Euthanasia literally translates into Women in our society have always
"good death". Euthanasia or struggled for equal status and
synonymized as mercy killing is a representation in public spaces.
practice used to end prolonged But, the situation is changing now
anguish and pain. We are a and various reforms have come
country where ethics, morality, through the judgements of the
and religion have vital importance. Courts. Like in Shah Bano case,
Deliberately and wilfully ending a the Supreme Court has protected
person's life can be a major step. the rights of Muslim women from
We have progressed and the practice of triple talaq. In the
developed to an extent that case of Dr Noorjehan Safia Niaz
technological advancements can vs. State Of Maharashtra &
help sustain human life. However, Ors., the Supreme Court has
sometimes it is more of a bane allowed entry of women inside Haji
rather boon. Ali Dargah.
There are two conflicting schools
of thought about the same. On Now, the case of ‘Indian Young
one hand, some people are of the Lawyers Association vs. State of
opinion that passive euthanasia Kerala and Ors.’ involved women’s
dilutes the sanctity of human life struggle for getting the entry
since the preservation of human in Sabarimala Shrine Temple
life is of paramount importance. It located in the State of Kerala.
is God-given and only he has the Women have done a lot of
power to take it away. No human struggle for the protection of their
shall meddle with it. On the other rights. The Ayyappa temple in
hand, some people state that Sabarimala region in Kerala has
when the constitution grants the been controversial for provision of
right to life than an individual shall restricting women of menstruating
also be entitled to the right to die age (10-15 years of age) to enter
with dignity in order to end into Sabarimala Temple, Kerala. In
suffering and pain. this case, there were many issues
Initially, the courts didn't recognize raised in which it was argued by
the right to end a person's life petitioners that provisions related
however the historical case of to the restriction of women entry in
"Aruna Shanbaug case" forms the Temple are unconstitutional as it
foundation for the legalization of violates Article
passive euthanasia in India. 14, 15, 17, 25, 26 of the Indian
Constitution.

Ratio/Facts Aruna Ramchandra Shanbaug There is a Hindu Temple

was a staff nurse employed in dedicated to Ayyappan named
King Edward Memorial Hospital, Sabarimala shrine in the State of
located in Mumbai. One of the Kerala. It is a temple located at
sweepers of the hospital attacked Sabarimala inside the Periyar
her on 27th November 1973. He Tiger Reserve in ‘Pathanamthitta’
choked and strangulated her via a district of Kerala.
dog chain in order to restrain any
movement from her end in an The Sabarimala shrine, which is
attempt to rape her. Upon realizing one of the most famous temples in
that Ms. Aruna was menstruating Kerala, had restricted women (of
he sodomized her. The very next menstruating age) from entry.
day, on 28th November 1973 Ms.
Aruna was found lying on the floor Several women tried to enter the
with blood everywhere and all over Temple but could not because of
her. One of the cleaners found her threats of physical assault against
in an unconscious condition. The them.
strangulation via the dog chain
 ceased the supply of oxygen to A group of five women lawyers
her brain causing severe damage had moved the Apex Court
to the cortex of the brain. She challenging the decision of the
sustained brain stem contusion Kerala High Court which upheld
too along with cervical cord injury. the centuries-old restriction, and
A petition for the case was filed ruled that only the “Tantrik
under article 32 of the Indian (Priest)” was empowered to
Constitution by a friend of Ms. decide on traditions.
Aruna in the year 2009, after as
many as 36 years of the incident.
For so many years Ms. Shanbaug
has been in a "Permanent
Vegetative State". She has
become extremely feeble and
infirm.
Guidelines/Judgement of Court The court drew the distinction The court drew the distinction
between active and passive between active and passive
euthanasia. Active euthanasia can euthanasia. Active euthanasia can
be seen as the positive and be seen as the positive and
deliberate termination of one's life deliberate termination of one's life
by injecting and administering by injecting and administering
lethal substances. It is considered lethal substances. It is considered
to be a crime worldwide except to be a crime worldwide except
permitted by legislation. In India, permitted by legislation. In India,
active euthanasia is a straight active euthanasia is a straight
infringement of section 302 2 and infringement of section 302 2 and
section 3043 of the IPC. Moreover, section 3043 of the IPC. Moreover,
physician-assisted suicide is an physician-assisted suicide is an
offense under section 309 4 of offense under section 309 4 of
IPC. Passive euthanasia on the IPC. Passive euthanasia on the
other hand is the withdrawal of other hand is the withdrawal of
life-supporting systems or medical life-supporting systems or medical
treatment. The main distinction treatment. The main distinction
between active and passive between active and passive
euthanasia is that in "active" euthanasia is that in "active"
something is done deliberately to something is done deliberately to
end life whereas in "passive" end life whereas in "passive"
something is not done. A proper something is not done. A proper
procedure and guidelines were procedure and guidelines were
enlisted by the apex court for enlisted by the apex court for
granting passive euthanasia in the granting passive euthanasia in the
"rarest of rare circumstances" "rarest of rare circumstances"
while rejecting the plea made by while rejecting the plea made by
the petitioner. The High Court the petitioner. The High Court
under article 226 would be entitled under article 226 would be entitled
to make decisions regarding the to make decisions regarding the
withdrawal of the life support withdrawal of the life support
system. A bench must be system. A bench must be
constituted by the Chief Justice of constituted by the Chief Justice of
the High Court when an the High Court when an
application is received, before application is received, before
which a committee of three which a committee of three
reputed doctors nominated must reputed doctors nominated must
be referred. There should be a be referred. There should be a
thorough examination of the thorough examination of the
patient and state and family patient and state and family
members are provided with a members are provided with a
notice issued by the bench. The notice issued by the bench. The
High Court must give a speedy High Court must give a speedy
decision. decision.
In the previous case of Gian
Kaur's case5, the honourable
Supreme Court rejected the
recognition of the right to die
within the right to life under article
21 of the Indian Constitution. This
case forms the historical
judgement of the legalization of
passive euthanasia in India which
would end the distress and
affliction of patients undergoing
unbearable and prolonged
suffering. With the advent of
modern technology, we have
failed to recognize that it's not the
technology that governs and
sustains humans but rather vice-
versa. Every single citizen is
entitled to and reserves the right to
die with dignity.