SUBSTANTIAL AND PROCEDURAL LAW

SUBSTANTIAL LAW

• Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.

• Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law.

• For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime.

PROCEDURAL LAW

• Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

• The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

• Procedural rules can also be unique to certain categories of law.

• For example, bankruptcy courts often have their own unique rules for conducting a suit.

SOCIO-ECONOMICFOUNDATION

What is socio-economics?• Since India's Independence in 1947, country has faced

several social and economic issues.• Socioeconomics or socio-economics or social

economics is an umbrella term with different usages. 'Social economics' may refer broadly to the "use of economics in the study of society.“

• More narrowly, contemporary practice considers behavioral interactions of individuals and groups through social capital and social "markets" (not excluding for example, sorting by marriage) and the formation of social norms. In the latter, it studies the relation of economics to social values.

SCOPE AND EMERGENCE OF SOCIO-ECONOMIC

FOUNDATION

OVER-POPULATION

Over-Population• India suffers from the problem of

overpopulation.• The population of india is very high at an

estimated 1.2 billion. Though India ranks second in population, it ranks 33 in terms of population density below countries such as The Netherlands, South Korea and Japan.

• Indira Gandhi, Prime Minister of India, had implemented a forced sterilization programme in the early 1970s but the programme failed. Officially, men with two children or more had to submit to sterilization.

ECONOMIC ISSUES

Economic Issues

• Though the middle class has gained from recent positive economic developments, India suffers from substantial poverty.

• Wealth distribution in India is fairly uneven, with the top 10% of income groups earning 33% of the income.

• Despite significant economic progress, 1/4 of the nation's population earns less than the government-specified poverty threshold.

SANITATION

Sanitation• Lack of proper sanitation is a major concern for India.• Statistics conducted by UNICEF have shown that only

31% of India’s population is using improved sanitation facilities as of 2008.

• It is estimated that one in every ten deaths in India is linked to poor sanitation and hygiene.

• Recognising the importance of proper sanitation, the Government of India started the Central Rural Sanitation Program (CRSP) in 1986, in hope of improving the basic sanitation amenities of rural areas.

Sanitation contn….

• This program was later reviewed and, in 1999, the Total Sanitation Campaign (TSC) was launched.

• Programs such as Individual Household Latrines (IHHL), School Sanitation and Hygiene Education (SSHE), Community Sanitary Complex, Anganwadi toilets were implemented under the TSC.

CORRUPTION

Corruption

• Corruption is widespread in India. • India is ranked 95 out of a 179 countries in

Transparency International's Corruption Perceptions Index, although its score has improved consistently from 2.7 in 2002 to 3.1 in 2011.

• Corruption has taken the role of a pervasive aspect of Indian politics and bureaucracy.

• The chief economic consequences of corruption are the loss to the exchequer, an unhealthy climate for investment and an increase in the cost of government-subsidized services.

Corruption contn….

• The TI India study estimates the monetary value of petty corruption in 11 basic services provided by the government, like education, healthcare, judiciary, police, etc.

EDUCATION

Education• Since the Indian Constitution was finalized in 1949,

education has remained one of the priorities of the Indian government.

• The first education minister Maulana Azad founded a system of education which aimed to provide free education at the primary level.

• Primary education was made free and compulsory for children from 6-14, and child labour was banned.

• The government introduced incentives to education and disincentives for not receiving education – for instance, the provision of mid-day meals in schools were introduced.

Violence in india

Violence• The 16th Century Babri Mosque,was destroyed by the

members of VHP and Bajrang Dal in 1992, resulting in nationwide religious riots.

• Constitutionally India is a secular state, but large-scale violence have periodically occurred in India since independence.

• In recent decades, communal tensions and religion-based politics have become more prominent.

• Over the last decade, religious violence in India has increasingly become what academics believe to be organized pogroms to eliminate minority communities.

Violence

• Some state governments in India have been accused of not effectively prosecuting those who attack religious minorities.

TERRORISM

Terrorism

• The regions with long term terrorist activities today are Jammu and Kashmir, Central India (Naxalism) and Seven Sister States (independence and autonomy movements).

• In the past, the Punjab insurgency led to militant activities in the Indian state of Punjab as well as the national capital Delhi (Delhi serial blasts, anti-Sikh riots).

• Terrorism in India has often been alleged to be sponsored by Pakistan.

Terrorism

• After most acts of terrorism in India, many journalists and politicians accuse Pakistan's intelligence agency, the Inter-Services Intelligence of playing a role.

NAXALISM

Naxalism• Naxalism is an informal name given to communist groups

that were born out of the Sino-Soviet split in the Indian communist movement.

• Ideologically they belong to various trends of Maoism.• Initially the movement had its centre in West Bengal. In

recent years, they have spread into less developed areas of rural central and eastern India, such as Chattisgarh and Andhra Pradesh through the activities of underground groups like the Communist Party of India (Maoist).

• The CPI (Maoist) and some other Naxal factions are considered terrorists by the Government of India and various state governments in India.

NAXALISM AFFECTED AREAS..

CASTE-RELATED VOILENCE

Caste related violence

• Over the years, various incidents of violence against Dalits, such as Kherlanji Massacre have been reported from many parts of India. At the same time, many violent protests by Dalits, such as the 2006 Dalit protests in Maharashtra, have been reported as well.

• The Mandal Commission was established in 1979 to "identify the socially or educationally backward", and to consider the question of seat reservations and quotas for people to redress caste discrimination.