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Introduction
Pro bono work, meaning “for the public good,” refers to the provision of free legal
services to those who cannot afford representation. It embodies the legal
profession’s commitment to ensuring access to justice, a fundamental human
right. Lawyers, as facilitators of justice, hold a unique ethical responsibility to
assist underserved individuals and communities.
While many jurisdictions, such as the United States under the ABA Model Rules,
encourage pro bono work as a professional duty, its voluntary nature sparks
debate. Should such service remain an altruistic choice, or should it be mandated
to address widespread disparities in access to legal resources? This paper
explores the ethical and practical dimensions of pro bono work, its significance in
fostering justice, and the challenges in balancing it with other professional
obligations
2. Ethical Foundations of Pro Bono Work
The ethical basis for pro bono work stems from several core principles that
underscore the role of lawyers as stewards of justice, defenders of the
vulnerable, and participants in the social contract that upholds the rule of law.
These principles are woven into the fabric of professional codes of conduct and
legal frameworks, as well as the broader moral expectations that guide the legal
profession. Pro bono work, al 1 though often voluntary, is seen not just as a
professional courtesy but as an ethical obligation rooted in both legal duty and
social justice.
2.1 Professional Responsibility
The concept of professional responsibility in the legal context is foundational to
understanding pro bono work. Lawyers, as officers of the court, are expected to
act in the service of justice and fairness. This expectation goes beyond mere
compliance with laws; it extends to the ethical duty of lawyers to ensure that all
1
United Nations (UN) Human Rights Office. (2020). The Right to Legal Aid and
Access to Justice: A Global Perspective. Retrieved from https://www.ohchr.orgindividuals, regardless of their social or financial standing, have access to legal
representation. The ethical frameworks governing lawyers’ conduct, such as the
American Bar Association (ABA) Model Rules of Professional Conduct, formally
codify this obligation.
Rule 6.1 of the ABA Model Rules of Professional Conduct recommends that
lawyers provide at least 50 hours of pro bono services annually. Though it does
not mandate pro bono work, this rule emphasizes that pro bono service is a
professional responsibility. The principle underlying this recommendation is that
lawyers have a special role in society—not only to represent paying clients but to
use their expertise for the public good, particularly in ensuring that the legal
system remains accessible to all people. Other professional bodies across the
world, such as the Solicitors Regulation Authority (SRA) in the UK and the Law
Society in Canada, have similarly embedded pro bono work as an essential part
of legal practice, even if participation remains voluntary.
2.2 Moral Imperative and Social Justice
While legal ethical codes provide the structural foundation for pro bono work, the
moral justification for such services is rooted in a broader conception of social
justice. Lawyers hold a unique position in society: they have specialized
knowledge of the legal system and the tools to challenge injustice. This
privileged position carries with it a responsibility to support the foundational
ideals of justice, equity, and fairness.
The moral imperative to provide pro bono services stems from the belief that
justice should not be reserved only for those who can afford it. The law, ideally, is
a universal tool that should protect and serve all people equally. Yet, in reality,
many marginalized and low-income individuals are denied access to legal
recourse simply because they cannot afford legal fees. Pro bono services ensure
that these individuals are not left without protection, offering a vital means of
balancing social inequities. Lawyers’ moral obligations extend beyond individual
cases; they involve a broader commitment to dismantling systemic injustices,
particularly when it comes to civil rights, discrimination, and access to basic
services.
In this context, pro bono work is seen as a moral obligation to contribute to the
well-being of society, especially for those whose voices might otherwise go
unheard. Many lawyers are motivated by a desire to right wrongs and address
the societal disparities they encounter in their professional lives. Pro bono work,
therefore, becomes a tangible manifestation of lawyers’ ethical duty to promote
social justice, not only through paid work but through volunteer efforts that reach
those most in need.
2.3 Historical and Cult 2 ural Context of Pro Bono Work
The concept of pro bono work is not a recent phenomenon. Historically, lawyers
have been expected to provide free or low-cost services to individuals who
cannot afford them, a practice that dates back centuries. In Ancient Rome, for
2
Granfield, R., & Mather, L. (2009). Private Lawyers and the Public Interest: The
Evolving Role of Pro Bono in the Legal Profession. Oxford University Press.example, advocates (lawyers) were expected to offer free services to those in
need, reflecting a broader view of their role as guardians of fairness in society.
Similarly, during the medieval period in England, lawyers provided free counsel
to the poor as part of their professional responsibilities.
In the modern context, pro bono work has evolved in response to the
complexities of contemporary legal systems. It has become a formalized part of
legal practice, with many bar associations, law firms, and legal organizations
actively encouraging or even mandating lawyers to contribute to pro bono
causes. This evolution reflects an increasing recognition of the role that lawyers
play in shaping society and ensuring that justice is accessible to all people, not
just the privileged few.
Furthermore, pro bono services are often seen as integral to the idea of lawyers
as public servants. They are, in this sense, seen as part of the social fabric—
acting not only in the interests of individual clients but in the service of the
broader public good. This public service aspect of pro bono work connects it to
broader principles of civic responsibility, where lawyers are expected to
contribute to the well-being of society in tangible ways.
2.4 Legal Ethics Codes and Pro Bono Work
The integration of pro bono work into legal ethics codes reflects a recognition of
its importance not only to the individual client but to society at large. As
mentioned earlier, the ABA’s Rule 6.1 emphasizes the moral and professional
obligation lawyers have to provide at least 50 hours of pro bono legal services
annually. Similarly, many state and national bar associations worldwide include
pro bono service in their ethical guidelines.
For example, in the United Kingdom, the Solicitors Regulation Authority (SRA)
requires solicitors to ensure that they contribute to pro bono initiatives, with
many firms incorporating pro bono work into their corporate social responsibility
strategies. In Australia, the Law Council of Australia encourages lawyers to
provide pro bono services, acknowledging that these contributions are integral to
achieving access to justice for all.
Despite these strong ethical guidelines, the degree to which pro bono work is
incorporated into lawyers’ pract 3 ices varies. Some jurisdictions and firms may
see pro bono work as a primary component of a lawyer’s professional
development, while others may struggle to find the resources and infrastructure
to support such initiatives effectively.
3. Significance of Pro Bono Work
Pro bono work holds immense significance in both the legal profession and
society at large. It serves not only as a means of addressing individual legal
needs but also as a powerful tool for creating a more equitable legal system. As
3
World Justice Project. (2019). The Rule of Law Index: A Global Assessment of Legal
Systems. Retrieved from https://www.worldjusticeproject.orgaccess to justice remains a critical concern globally, pro bono work provides a
vital means of leveling the playing field for marginalized and low-income
individuals, ensuring that the law serves everyone, regardless of financial means.
The significance of pro bono work can be understood through its profound impact
on various aspects of society: enhancing access to justice, promoting social
justice, advancing legal reform, and strengthening the legal profession’s
commitment to public service.
3.1 Enhancing Access to Justice
The primary and most immediate significance of pro bono work lies in its ability
to enhance access to justice, particularly for those who are financially
disadvantaged. While the legal system is designed to provide equal protection
and access to justice for all, the reality is that many individuals cannot afford the
high costs associated with legal services. This creates a significant barrier to
justice, as individuals facing legal issues—whether related to housing,
employment, family, immigration, or criminal matters—often lack the resources
to secure competent legal representation.
Pro bono work directly addresses this gap by providing free legal services to
individuals who would otherwise be unable to afford them. Lawyers participating
in pro bono efforts help bridge the gap in access, ensuring that vulnerable
individuals and communities have the legal representation they need to defend
their rights. For instance, pro bono services are crucial in areas such as family
law, where individuals may need legal assistance in matters of domestic
violence, child custody, or divorce, but lack the financial means to pay for an
attorney. Similarly, individuals seeking asylum or refugee status often rely on pro
bono lawyers to navigate complex immigration laws. By offering free legal
services, pro bono lawyers ensure that individuals are not excluded from the
legal system simply because they cannot afford it, thus promoting fairness and
equity.
Moreover, the need for legal services is vast and growing, particularly as legal
aid systems face resource constraints. In many countries, legal aid organizations
are overwhelmed by the volume of requests for assistance, particularly in the
face of rising inequality and social unrest. Pro bono work serves as an essential
supplement to legal aid, expanding the reach of legal services and ensuring that
more individuals are able to access the legal support they need.
3.2 Promoting Social Justice
Beyond simply ensuring access to legal representation, pro bono work plays a
significant role in advancing social justice. Social justice is the principle that all
individuals deserve equal rights and fair treatment under the law, regardless of
their race, gender, socioeconomic status, or other characteristics. However,
systemic injustices such as discrimination, inequality, and marginalization
continue to pervade societies around the world, disproportionately affecting
vulnerable groups.Pro bono lawyers 4 often take on cases that involve broader societal issues such
as civil rights, racial discrimination, gender equality, LGBTQ+ rights, and
immigration reform. By representing individuals and communities impacted by
these injustices, pro bono lawyers help challenge discriminatory practices and
work toward legal and social change. For example, pro bono lawyers might
represent individuals in cases involving racial profiling, police brutality, or voting
rights violations. Through these efforts, pro bono lawyers help advance the
principles of equality and fairness, contributing to the fight against systemic
injustice.
Additionally, many pro bono lawyers work on behalf of organizations that
advocate for policy changes or legal reforms aimed at improving social
conditions. These organizations often rely on the expertise and resources of pro
bono lawyers to tackle large-scale issues such as affordable housing,
environmental justice, healthcare access, and labor rights. Through strategic
litigation, advocacy, and public interest campaigns, pro bono efforts contribute to
the development of legal frameworks that promote justice and equity at the
societal level.
3.3 Advancing Legal Reform and Legal Education
Pro bono work is not limited to providing individual legal assistance; it also plays
a key role in advancing legal reform. By participating in cases that address
systemic issues, pro bono lawyers help create precedents that can lead to
changes in the law. For example, landmark pro bono cases challenging
discriminatory policies or advancing civil liberties have played a crucial role in
shaping legal landscapes in many countries. These cases not only resolve
individual disputes but also set important legal precedents that benefit society as
a whole.
In addition to advocating for legal reform through litigation, pro bono lawyers
often engage in public education efforts to raise awareness about legal issues
and empower individuals to assert their rights. Many pro bono lawyers volunteer
their time to conduct legal literacy workshops, write informational guides, or
offer free advice through legal clinics. These initiatives play a critical role in
demystifying the legal process for those who may not have formal legal
education, ensuring that individuals are better equipped to navigate legal
challenges on their own.
Pro bono work also provides lawyers with the opportunity to engage with and
contribute to important legal developments. By working on complex and socially
significant cases, pro bono lawyers often gain valuable experience in areas of law
that may not be readily available in their everyday practice. This not only
enhances the professional development of the lawyers involved but also enriches
the legal community by encouraging a broader understanding of legal issues that
affect society at large.
4
Yates, B. (2018). Legal Aid and Pro Bono Work: The Need for Reform in Access to
Justice. Public Interest Law Journal, 11(2), 99-121.3.4 Strengthening the Legal Profession’s Commitment to Public Service
Pro bono work is integral to strengthening the legal profession’s commitment to
public service. Lawyers are expected to serve not just their clients but society as
a whole, upholding the integrity of the legal system and ensuring that the rule of
law is respected. Pro bono work embodies this ethos, reinforcing the idea that
legal professionals are stewards of justice and that their role extends beyond
personal profit to include a responsibility to the public good.
By engaging in pro bono work, lawyers demonstrate a commitment to the core
values of the profession, including fairness, equality, and the pursuit of justice.
For many lawyers, pro bono work is not only a way to give back to the
community but also a reminder of why they entered the legal profession in the
first place: to use their skills and knowledge to make a positive difference in the
world. Firms that encourage and support pro bono efforts also contribute to
cultivating a culture of service within the legal profession, where the pursuit of
justice is seen as a fundamental duty.
Furthermore, pro bono work enhances the public image of the legal profession.
When lawyers devote time and resources to helping those in need, it fosters a
sense of trust and respect between the legal community and the general public.
This trust is crucial for the legitimacy of the legal system and for maintaining
public confidence in the fairness and impartiality of the courts.
3.5 Encouraging a Culture of Service and Responsibility
The significance of pro bono work extends to the broader legal culture. Pro bono
efforts foster a culture of service and civic responsibility within the legal
community. When lawyers take part in pro bono initiatives, they set an example
for future generations of lawyers, encouraging a commitment to public service
from the very beginning of their careers. Law schools, legal organizations, and
bar associations that emphasize the importance of pro bono work help shape a
legal culture that values social responsibility, diversity, and inclusivity.
Through pro bono work, lawyers not only fulfill an ethical obligation but also
contribute to a broader societal vision in which legal services are seen as a
fundamental right, not a privilege. By making pro bono work a regular part of
legal practice, the profession itself becomes an advocate for a more equitable
society—one in which the law is accessible, inclusive, and responsive to the
needs of all individuals, regardless of their background.
4. Challenges and Criticisms
While pro bono work is widely regarded as an essential service in promoting
access to justice, it is n 5 ot without its challenges and criticisms. These challenges
can range from practical issues within the legal profession to concerns about the
effectiveness of pro bono efforts in addressing systemic injustices.
5
National Legal Aid & Defender Association (NLADA). (2021). The State of Legal
Aid in America: A Report on Pro Bono and Public Defense. Retrieved from
https://www.nlada.org4.1 Limited Resources and Time Constraints
One of the primary challenges faced by lawyers engaging in pro bono work is the
limitation of resources and time. Many lawyers and law firms operate under
heavy caseloads, and dedicating time to pro bono cases can be difficult. Pro bono
work often competes for attention with the lawyer’s paying clients, which can
result in reduced quality of service or delays in providing assistance. This is
especially problematic when pro bono cases are complex or require substantial
legal research, investigations, or expert witnesses.
Moreover, public interest organizations that rely on pro bono services often
struggle with limited resources, which can affect the scope and reach of their
efforts. While pro bono work can complement these organizations’ work, the
sheer volume of cases needing legal intervention far exceeds the number of
lawyers available to handle them. As a result, many individuals who would
benefit from pro bono services may still be left without assistance.
4.2 Overburdening Legal Aid Systems
Another criticism is that pro bono work may inadvertently contribute to the
overburdening of existing legal aid systems. Legal aid organizations and public
defenders often rely on a combination of public funding and private
contributions, including pro bono services, to meet the demand for legal
representation. While this can expand access to justice, it also raises questions
about the adequacy and sustainability of relying on volunteer legal work to fill
gaps in the legal system.
Pro bono services can be seen as a band-aid solution rather than a long-term
remedy for systemic issues. Critics argue that the legal aid system should be
adequately funded and staffed to handle its caseload without depending on the
goodwill of private lawyers. Without consistent funding, legal aid programs may
struggle to provide quality service, leaving vulnerable populations vulnerable to
exploitation and unfair treatment.
4.3 Potential for Inadequate Representation
Another concern is that pro bono clients may not always receive the same
quality of representation as paying clients. While many lawyers provide excellent
service in their pro bono cases, the reality is that some lawyers may lack the
experience or expertise required to handle specific types of legal issues
effectively. Pro bono work can be seen as less of a priority compared to billable
work, and this may affect the lawyer’s level of commitment or attention to detail.
This disparity in representation is particularly problematic in complex or high-
stakes cases, where the stakes are high for the client but the lawyer may not
have the same resources or support available for pro bono cases. Additionally,
clients may feel that their cases are not taken as seriously or that their lawyers
are not fully invested in securing the best possible outcome.
4.4 Ethical Concerns: Professionalization vs. Volunteerism
The ethical debate surrounding pro bono work also touches on the tension
between professional obligations and volunteerism. While pro bono work is seenas an ethical duty for lawyers, there are concerns about its proper integration
into the legal profession. Some argue that pro bono work should be a mandated
professional responsibility for all lawyers, while others believe it should remain
voluntary.
Mandating pro bono work raises concerns about its potential to become a form of
“tokenism” or a mere obligation rather than a genuine effort to help those in
need. When pro bono services become compulsory, they may lose the genuine
spirit of volunteerism that underpins the ethical obligation to give back to the
community. Critics also argue that mandatory pro bono work may
disproportionately burden junior lawyers or those in smaller firms, further
exacerbating the inequality within the legal profession.
4.5 Structural and Systemic Limitations
Finally, while pro bono work helps address individual cases, it does not solve the
root causes of legal inequality. Pro bono lawyers often work with individuals or
groups who are already marginalized, but the broader legal and social systems
that perpetuate inequality remain largely unchanged. Critics argue that pro bono
efforts are insufficient in addressing the systemic nature of many social issues,
such as poverty, racial discrimination, and inadequate access to healthcare or
housing.
Pro bono work can be seen as a response to the symptoms of a larger, systemic
issue but may not challenge the structural causes of these inequities. Advocates
for systemic change suggest that pro bono work should be paired with advocacy
for policy reform, improved legal aid funding, and broader structural changes
that address the root causes of injustice.
5. Striking the Balance
One of the central ethical and practical challenges in pro bono work is striking
the right balance between voluntary service and the professional obligations
lawyers have to their clients, firms, and the legal system. While pro bono work is
crucial in increasing access to justice, it requires lawyers to balance their
responsibilities to paying clients, their professional duties, and their commitment
to serving the public good. Achieving this balance can be difficult, particularly in
environments where workloads are heavy and financial pressures are high.
5.1 Voluntary Service vs. Professional Duty
Pro bono work is inherently voluntary, meaning that it is often driven by an
individual lawyer’s personal commitment to justice and the community. However,
the ethical dilemma arises when considering whether pro bono service should be
mandatory. Some argue that pro bono work should be an integral part of the
legal profession, not just a voluntary option. While this could increase the overall
contribution of the legal community toward public service, there are concerns
that mandating pro bono work could lead to a decline in the quality of legal
services offered. Lawyers might feel that they are merely fulfilling an obligationrather than providing genuinely meaningful assistance, which could affect their
engagement with pro bono cases.
Moreover, the pressure to meet pro bono expectations could disproportionately
affect young lawyers or those in smaller firms, who may already be working
under significant time constraints. Mandating pro bono work for lawyers might
lead to the risk of burnout, as junior lawyers may struggle to balance their
billable hours with pro bono obligati 6 ons, leading to a compromise in both areas
of their practice.
5.2 Balancing Personal and Professional Commitments
For many lawyers, participating in pro bono work represents a deep sense of
personal and professional responsibility. The desire to contribute to society by
offering legal expertise to those in need can be a significant motivating factor.
However, lawyers must also balance this desire with the practical realities of
their profession, particularly when they are responsible for meeting the financial
and operational demands of their firm or organization. The time and resources
required to handle pro bono cases can be considerable, especially for complex or
long-term matters.
In balancing personal and professional commitments, law firms must create
environments where pro bono work is supported without sacrificing the firm’s
financial goals. Many large law firms and legal organizations have recognized this
by providing incentives for pro bono service, such as allowing it to count toward
billable hours or offering pro bono leave. These policies encourage lawyers to
engage in public service without the fear that doing so will hinder their
professional advancement or financial compensation.
5.3 Addressing Systemic Challenges
While pro bono work is an essential tool in addressing immediate legal needs, it
should not be seen as a substitute for broader systemic reforms in the legal
system. As pro bono work often addresses the symptoms rather than the causes
of legal inequality, it is crucial for the legal profession to recognize that while
individual lawyers can make a difference, more substantial changes are needed
to ensure equal access to justice. This includes advocating for increased funding
for legal aid, improving public defender systems, and pushing for policies that
address structural barriers such as racial discrimination, poverty, and unequal
access to resources.
Lawyers engaged in pro bono work should be aware that they are participating in
a broader conversation about justice and equity. Their work, while essential,
must be seen as part of an ongoing effort to push for legal reforms that can
better address the root causes of inequality. This may involve not only providing
legal representation but also engaging in advocacy for legislative change or
working alongside organizations that seek to reform legal policies.
6
Epstein, R. (2014). “Access to Justice: Pro Bono and Beyond.” Law & Society Review5.4 Maintaining Quality of Legal Services
One of the key concerns in striking a balance is ensuring that pro bono clients
receive the same high quality of legal representation as paying clients. Lawyers
may face challenges when representing clients without the resources typically
available for a paid case, such as time, research support, or access to experts.
Pro bono work often involves complex or resource-intensive issues, which can
stretch the lawyer’s available resources thin. To ensure high-quality
representation, law firms, public interest organizations, and bar associations
must support pro bono efforts through training, mentorship, and adequate
resources.
Encouraging collaboration between experienced lawyers and those new to the
field, as well as leveraging partnerships with nonprofit organizations, can help
alleviate these ch 7 allenges. Additionally, firms can adopt best practices for
managing pro bono cases, ensuring that each case receives the attention it
deserves while balancing the lawyer’s broader caseload.
5.5 Institutional Support for Pro Bono Engagement
The successful integration of pro bono work into a lawyer’s professional life
requires institutional support. Law firms, legal organizations, and educational
institutions have a crucial role in fostering a culture of pro bono service. Law
firms should ensure that pro bono work is valued and supported, not just as a
volunteer activity but as an essential part of a lawyer’s professional
responsibilities. This includes incorporating pro bono work into the firm’s culture,
providing incentives for participation, and ensuring that there are dedicated
resources and time to pursue pro bono matters.
Moreover, law schools can play a crucial role by incorporating pro bono work into
their curriculum, offering students opportunities to engage with real-world legal
issues while providing services to underserved communities. By doing so, they
instill a sense of responsibility toward public service early in the legal career,
ensuring that future lawyers see pro bono work as an essential part of their role.
Conclusion
Striking the balance between voluntary service and professional duty in pro bono
work is complex, but it is essential for ensuring that the legal profession upholds
its ethical obligations while providing meaningful service to those in need. By
supporting lawyers in their pro bono efforts, offering institutional incentives, and
ensuring that these services maintain high standards of quality, the legal
profession can continue to make a significant impact on expanding access to
justice, while simultaneously working toward broader systemic change.

The Code of Civil Procedure, 1908 (CPC) provides a framework for the smooth conduct of civil litigation in India. While the core provisions of the Code aim to streamline litigation and ensure justice, incidental proceedings, as delineated in Sections 75-78, play a crucial role in assisting the courts during trials and the adjudication process. These sections empower the courts to carry out certain functions essential for resolving disputes effectively by making use of ancillary processes such as commissions for inquiries, local inspections, and others.
Incidental proceedings form an indispensable part of the judicial system, ensuring a comprehensive fact-finding process and enabling the court to address particular issues that arise during litigation. This article delves into an in-depth analysis of Sections 75-78 of the CPC, elucidating their powers, processes, and the broader implications of these provisions in civil litigation.
I. Introduction to Incidental Proceedings in the CPC
Civil litigation involves the resolution of disputes based on facts and legal arguments presented by the parties. However, sometimes, the court’s ability to make an informed decision may be hampered by the complexity of the facts or the evidence. To overcome these challenges, the CPC provides for incidental proceedings.

Sections 75-78 of the CPC allow the court to appoint commissions to assist it in obtaining accurate and unbiased information.

Such commissions may be ordered to:
1. Make local investigations or inspect properties or goods.
2. Examine witnesses who cannot appear before the court.
3. Conduct scientific or expert analysis of disputed matters.
4. Perform ministerial or non-judicial tasks essential for the resolution of the case.

II. Powers of the Court to Issue Commissions (Section 75)
Section 75 of the CPC confers upon the court the power to issue commissions. The main objective of this provision is to ensure that the court can delegate certain tasks to independent and neutral persons or experts to aid in the trial process.

The section lays down the following key areas where the court can issue commissions:
1. To Examine Witnesses: Courts can appoint commissions to examine witnesses residing beyond the court’s jurisdiction or witnesses who are physically unable to attend court.
2. For Local Investigations: A commission may be ordered for a local investigation to gather facts related to the suit, such as determining boundaries, the condition of the property, or other relevant circumstances.
3. To Inspect Property: If the dispute involves immovable property, the court can issue a commission to inspect the property and submit a report to the court.
4. For Scientific or Expert Investigations: When a case involves technical or scientific issues, a commission may be issued for expert investigation, such as medical examinations or chemical analysis.
5. To Examine Accounts: If the suit involves complex accounts or financial records, a commission may be appointed to investigate and clarify the financial situation of the parties involved.
6. Ministerial Acts: The court can also appoint commissions to perform non-judicial or ministerial acts, such as taking inventories or executing administrative tasks related to the suit.
By delegating specific tasks to commissions, Section 75 ensures that the court receives specialized inputs, enabling it to arrive at an accurate judgment without being bogged down by technicalities.

III. Process of Appointing and Conducting Commissions
The court exercises discretion while appointing commissions, ensuring that such orders are only made when necessary. The processes involved in appointing and conducting commissions are governed by Order XXVI of the CPC, which complements Sections 75-78. The procedure involves the following steps:
1. Application or Suo Moto Action: A party to the suit can apply for a commission, or the court may order one on its own volition (suo moto) if deemed necessary for the just disposal of the case.
2. Selection of Commissioner: The court may appoint an expert or a neutral party as the commissioner. The commissioner must be impartial and competent to perform the task assigned.
3. Terms of Reference: The court provides clear instructions and terms of reference to the commissioner, outlining the scope and limitations of their task.
4. Report Submission: Once the commission has completed the assigned task, the commissioner must submit a report to the court. This report forms an essential piece of evidence for the court’s consideration.
5. Objections and Cross-Examination: Parties to the suit are given the opportunity to file objections to the commissioner’s report, if any. The commissioner may also be cross-examined to clarify findings or verify the credibility of the report.

IV. Specific Provisions in Incidental Proceedings (Sections 76-78)
Section 76:Commissions Issued to Foreign Courts
Section 76 addresses situations where the assistance of foreign courts is required to examine witnesses or gather evidence located outside the jurisdiction of Indian courts. Under this provision, Indian courts may request foreign courts to execute a commission for such purposes. Similarly, foreign courts can seek assistance from Indian courts under reciprocal arrangements.
This section underscores the cooperation between judicial systems across borders, ensuring that justice is not impeded by jurisdictional barriers.

Section 77: Letter of Request
In cases where the commission cannot be directly issued due to jurisdictional challenges or the lack of reciprocal arrangements, Section 77 allows the court to issue a “letter of request.” This letter is sent to a foreign court, requesting its assistance in examining a witness or collecting evidence on behalf of the Indian court. The foreign court, based on its own laws, may then carry out the request and send the findings to the Indian court.

Section 78: Commissioners in Another State

Section 78 permits the issuance of commissions for execution in another state within India. This provision is significant when parties, witnesses, or properties involved in the litigation are located outside the jurisdiction of the trial court but within the country. It ensures the smooth flow of judicial processes across state boundaries and ensures that logistical barriers do not delay the trial.

V. Implications of Incidental Proceedings in Civil Litigation
The use of commissions in civil litigation has profound implications for the conduct of trials, the quality of evidence, and the ultimate delivery of justice. These implications can be examined under the following themes:
1. Enhanced Accuracy in Fact-Finding
One of the most significant contributions of commissions is their role in enhancing the accuracy and comprehensiveness of the fact-finding process. Through local inspections, expert investigations, or witness examination, the court gains access to reliable and specialized evidence. This reduces the chances of erroneous judgments based on incomplete or incorrect facts.
2. Speedy Disposal of Cases
By delegating specific tasks to commissions, the court can expedite the trial process. Instead of requiring the court to personally undertake technical or time-consuming tasks, commissions ensure that the trial continues without unnecessary delays. This is especially crucial in cases involving complex technical matters, financial disputes, or evidence located abroad.
3. Promoting Judicial Economy
Incidental proceedings also promote judicial economy by allowing courts to focus on adjudicating the substantive legal issues of the case while delegating auxiliary tasks to qualified experts or investigators. This not only improves the efficiency of the judiciary but also reduces the burden on courts that are often overwhelmed with a large backlog of cases.
4. Transparency and Accountability
The appointment of commissions introduces an element of neutrality and independence into the litigation process. Since commissions are conducted by impartial experts or individuals, the evidence gathered and submitted is likely to be viewed as more credible by the court. Furthermore, the process of inviting objections and cross-examination of the commissioner’s report ensures transparency and accountability in the process.

5. Cross-Jurisdictional Cooperatio
Sections 76 and 77 facilitate international cooperation in civil litigation, ensuring that parties do not face insurmountable barriers to justice simply because critical evidence or witnesses are located in a foreign jurisdiction. This reflects the growing interconnection between legal systems across borders and helps parties navigate jurisdictional challenges in a globalized world.

VI. Challenges and Criticisms
Despite the many benefits, incidental proceedings under Sections 75-78 are not without challenges. Some of the key concerns include:
1. Costs and Delays: The appointment of commissions can lead to increased costs for litigants, particularly when expert fees, travel expenses, or cross-border cooperation are involved. In some cases, the appointment of commissions may also cause delays, particularly if the commissioners fail to submit their reports on time.
2. Quality of Commissioners: The efficiency and reliability of the process depend on the competence and integrity of the appointed commissioners. In some instances, the lack of appropriate expertise or bias in the commissioner’s report may undermine the fairness of the process.
3. Jurisdictional and Procedural Complexities: In cross-border cases, cooperation between courts may be hindered by differences in procedural laws or reciprocal arrangements, making it difficult for the court to gather evidence or examine witnesses.

Conclusion
Incidental proceedings under Sections 75-78 of the Code of Civil Procedure (CPC), 1908, hold a pivotal role in ensuring that civil litigation is conducted efficiently, fairly, and based on a comprehensive understanding of the facts. These provisions empower courts to delegate specific tasks that require technical expertise or investigation beyond their immediate purview, enabling them to focus on the core legal issues of the case. By appointing commissions for purposes such as examining witnesses, conducting local investigations, and obtaining expert reports, the courts can base their judgments on well-rounded and reliable evidence, thus enhancing the quality of justice delivered.
A key benefit of these incidental proceedings is their contribution to accurate fact-finding.

The legal process often involves complex factual disputes that require expert knowledge, site inspections, or witness testimony that may be unavailable in court. Commissions provide the court with access to specialized knowledge and facilitate the gathering of evidence that would otherwise be difficult to obtain. This not only aids in achieving more accurate judgments but also helps prevent miscarriages of justice caused by incomplete or inadequate evidence.

Another significant advantage of these provisions is their role in promoting judicial efficiency. Given the heavy backlog of cases in Indian courts, incidental proceedings allow for the delegation of time-consuming and technical tasks, ensuring that the litigation process continues without unnecessary delays. This delegation is particularly important in cases involving complex financial records, scientific investigations, or disputes over property, where direct judicial involvement in these tasks could slow down the process. By leveraging the expertise of commissioners, courts can make informed decisions without being overburdened by technicalities.

Furthermore, Sections 75-78 also foster cross-jurisdictional cooperation, particularly through the provisions for issuing commissions to foreign courts (Section 76) and letters of request (Section 77). This is crucial in an increasingly globalized world, where evidence, witnesses, and even parties may be located outside the jurisdiction of Indian courts. These provisions ensure that litigation is not stalled by geographical boundaries and that courts can still access essential information located abroad. Similarly, Section 78 facilitates cooperation between different states within India, ensuring that the court can gather evidence and conduct investigations across state lines.
Despite the clear benefits, incidental proceedings are not without challenges. The process can lead to increased costs for litigants, particularly in cases requiring expert commissioners or international cooperation. Additionally, delays may arise if the appointed commissioners fail to submit their reports on time or if procedural complexities between jurisdictions hinder the process. The quality of the commissioners appointed also plays a critical role in the success of incidental proceedings. Incompetent or biased commissioners may result in flawed reports, which can undermine the fairness of the litigation process.

In light of these challenges, it is essential that courts exercise careful oversight when appointing commissions and setting clear terms of reference for their tasks. Ensuring that only qualified and impartial commissioners are appointed is key to maintaining the integrity of the process. Moreover, mechanisms should be in place to prevent delays, such as imposing deadlines for the submission of reports and allowing for the swift replacement of non-performing commissioners.

In conclusion, Sections 75-78 of the CPC serve as vital tools in the administration of civil justice. They enable courts to conduct thorough investigations, access expert knowledge, and gather evidence from outside their immediate jurisdiction, thereby contributing to more informed and accurate judgments. At the same time, these provisions help promote judicial economy by delegating auxiliary tasks to qualified individuals, allowing the courts to focus on resolving the legal issues at hand. While there are challenges associated with incidental proceedings, their overall impact on the civil litigation process is overwhelmingly positive, and with proper oversight and implementation, they will continue to be an essential component of the Indian judicial system.

The Kompetenz-Kompetenz or the Competence-Competence principle, refers to the power and authority an arbitral tribunal possesses to decide its jurisdiction.

Section 16 of the Arbitration and Conciliation Act, 1996 incorporates this important legal principle into Indian arbitration. The principle holds great importance in India to promote the independence of arbitral tribunals by minimizing judicial intervention, also recognised under Section 5 of the 1996 Act.

Along with the power to rule on its own jurisdiction, the tribunal also possesses the authority to rule on the objections raised by the parties, concerning the validity of the arbitration agreement or the arbitration clause.

Further, if the objection is rejected by the tribunal, the parties are not remediless and may file an application under Section 34 of the Arbitration Act, challenging the award on limited grounds provided thereunder.

Thus, the principle plays a key role in reforming Indian Arbitration by instilling confidence in parties towards arbitration for resolving their disputes.

The Supreme Court in Uttarakhand Purv Sainik Kalyan Nigam Ltd. v. Northern Coal Field Ltd., (2020) acknowledged the importance of the Kompetenz-Kompetenz principle and held that once the arbitral tribunal is constituted, all issues and objections including objections concerning the tribunal deciding its own jurisdiction.

In the case of United India Insurance Co. Ltd. v. Antique Art Exports (P) Ltd., also cited in BSNL v. Nortel Networks (India) (P) Ltd. , the Supreme Court, following the Kompetenz-Kompetenz principle held that the arbitral tribunal has the sole authority to decide its own jurisdiction as well as the validity of the arbitration agreement.

Myself Mrs.Shanta Chhetri, a former Member of Parliament in the Rajya Sabha, I have had the privilege of witnessing and participating in discussions on a wide range of crucial issues that shape our nation. One such issue that has garnered significant attention and debate over the years is the Women’s Reservation Bill. In this article, I will share my perspective on this important legislation and why I believe it is a vital step towards achieving gender equality and empowering women in India.

The Women’s Reservation Bill: A Brief Overview

The Women’s Reservation Bill, often referred to as the 108th Amendment to the Indian Constitution, was first introduced in the Rajya Sabha in 1996. The primary objective of this bill is to reserve 33% of the seats in the Lok Sabha and state legislative assemblies for women. This groundbreaking proposal aims to increase the participation of women in the decision-making process of our country, thereby addressing the gender disparity that exists in politics.

My Support for the Women’s Reservation Bill

I firmly believe that the Women’s Reservation Bill is an essential piece of legislation that can pave the way for a more inclusive and equitable India. Here are some key reasons why I support this bill:

• Gender Equality:

  The underrepresentation of women in politics is a stark reflection of the broader gender inequality that persists in our society. By reserving seats for women in legislative bodies, we send a powerful message that gender should not be a barrier to political participation. It is a crucial step towards achieving gender equality, which is not only a moral imperative but also essential for the overall development of our nation.

• Different Perspectives:
  Women bring unique perspectives, experiences, and priorities to the table. By increasing the number of women in decision-making roles, we can ensure that policies and legislation are inclusive and meet the needs of our segment of society. These diversifications can lead to comprehensive and balanced governance.

• Role models:

  When women are in key political positions, they are role models for young girls and women across the country. This could inspire more women to work in politics and other fields, breaking traditional stereotypes and challenging social norms that limit women’s aspirations.

• Social Development:

  Empowerment of women in politics has a significant impact on social development. Women’s participation in politics can lead to policy changes addressing issues such as gender-based violence, education for girls, health care, economic empowerment etc. This can be helpful for us the whole society has developed.

Challenges and concerns

While I wholeheartedly support the Women Reservation Bill, I recognize that there are challenges and concerns surrounding its implementation. Some critics argue that this can lead to tokenism, where women are seen as centerpieces rather than qualified leaders. Others worry about the potential abuse of seats reserved for male relatives of female politicians.

But these concerns should not deter us from following this important rule. The key is to establish robust mechanisms and safeguards to ensure that the benefits of reservation truly empower women and do not lead to token representation.

Conclusion:
Our hon’ble leader Mamata Banerjee like me being a part of Indian politics, We firmly believe that the Women Reservation Act is not just about political representation but an important step towards achieving gender equality and empowerment of women in our society. It is time we prioritize these laws and work together to create an inclusive and equitable politics for all By doing so, we can build a strong and prosperous India for future generations.

Note:

Shanta Chhetri speaks on the Women’s Reservation Bill
– Rajya Sabha, Parliament -2019

THE CONSTITUTION (ONE HUNDRED AND TWENTY-EIGHTH AMENDMENT) BILL, 2023

A BILL

BE it enacted by Parliament in the Seventy-fourth Year of Republic of India as
follows:

1. Short Title and Commencement:

   1. This Act may be called the Constitution (Hundredth and twenty-eight
      Amendment) Act, 2023.
   2. It shall come into force on such date as the Central Govenunent may, by
      notification in the Official Gazette, appoint.
       

2. Amendment of Article 239AA:

   In article 239AA of the Constitution, in clause (2). after sub-clause (h),
   the following clauses shall be inserted, namely:
   (ba) Seats shall be reserved for women in the Legislative Assembly of the
   National Capital Territory of Delhi.

   (bb) As nearly as may be, one-third of the seats reserved for the Scheduled
   Castes in the Legislative Assembly of the National Capital Territory of Delhi
   shall be reserved for women.

   (bc) As nearlyy as may be. one-third of the total number of seats to be filled
   by direct election in the Iegislaiive Assembly of the National Capital Territory
   of Delhi (including the number o1 seals reserved for women belonging to the
   Scheduled Castes) shall be reserved for women in such manner as Parliament may
   by law determine.
    

3. Article 330A. Reservation Of Seat For Women In The House Of The People:

   After article 330 of the Constitution, the following article shall be
   inserted, namely: 330A.

   1. Seats shall be reserved for women in the House of the People.
   2. As nearly as may be, one-third of the total number of seats reserved
      under clause(2) of article 330 shall be reserved for women belonging to the
      Scheduled Castes or the Scheduled Tribes.
   3. As nearly as may be, one-third (including the number of seats reserved
      for women belonging to the Scheduled Castes and the Scheduled Tribes) of the
      total number of seats to be filled by direct election to the House of the
      People shall be reserved for women.
       

4. Insertion of New Article 332A. Reservation of Seats for Women in the legislative Assemblies of the States:

   After article 332 of the Constitution, the following article shall be inserted,
   namely:—

   332A.

   1. Seats shall be reserved for women in the Legislative Assembly of every
      State.
   2. As nearly as may be, one-third of the totnl number of seats reserved under
      clause
   3. of article 332 shall be reserved for women belonging to the Scheduled
      Castes or the Scheduled Tribes.
   4. As nearly as may be, one-third (including the number of seats reserved
      for women belong to the Scheduled Castes and the Scheduled Tribes) of the
      total number of seats to be filled by direct election in the Legislative
      Assembly of every state shall be reserved for women.
       

5. Insertion of new Article 334A. Reservation of Seats for Women take
   effect:

   After Article 334 nf the Constitution the following Article shall be inserted,
   namely:

   334A.

   1. Notwithstanding anything in the foregoing provision of this Part or Part VIIl, the provisions of the Constitution relating to the reservation of
      seats for women in the House of the People, the Legislative Assembly of a State
      and the Legislative Assembly of the National Capital Territory of Delhi shall
      come into effect after an exercise of delimitation is undertaken for this
      purpose after the relevant figures for the first census taken after commencement
      of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 have
      been published and shall cease to have effect on the expiration of a period of
      fifteen years from such commencement.
       
   2. Subject to the provisions of articles 239AA, 330A and 332A, seats
      reserved for women in the House of the People, the Legislative Asserribly of a State and
      the Legislative Assembly of the National Capital Ten’itory of Delhi shall
      continue till such date as the Parliament may by law determine.
       
   3. Rotation of seats reserved for women in the House of the People, the
      Legislative Assembly of a State and the Legislative Assembly of the National
      Capital Territory of Delhi shall take effect after each subsequent exercise
      of delimitation as the Parliament may by law determine.
       
   4. Nothing in this article shall affect any representation in the House of
      the People, the Legislative Assembly of a State or the Legislative Assembly
      of the National Capital Territory of Delhi until the dissolution of the then
      existing House of the People, Legislative Assembly of a State or the
      Legislative Assembly of the National Capital Territory of Delhi.
       

6. Amendment not to affect reservation in the house of the People, the
   legislative Assembly of a state or the Legislative Assembly of the National
   Capital Territory of Delhi:

   The Amendments made to the Constitution by the Constitution (One Hundred and
   Twenty-eighth Amendment) Act, 2023 shall not affect any representation in
   the House of the People, the Legislative Assembly of a State or the
   Legislative Assembly of the National Capital Tenitory of Delhi until the dissolution of the
   House of the People, the Legislative Assembly of a State or the Legislative
   Assembly of the National Capital Territory of Delhi, as the case may be. in
   existence at the commencement of the said Act.
    

STATEMENT OF OBJECTS AND REASONS:

1. After completing 75 years of Independence, the nation has begun its journey into
   Amritkal with a goal of becoming Vikasit Bharat’ by 2047. Realisation of this
   goal will require contribution of all sections of society in the spirit of Sabka
   Saatli, Sabka Vikas, Sabka Vishwas. Sabka Prayas’. The role of women.
   constituting a half of the population, is extremely important in realization of
   this goal.
    
2. Government has taken a number of steps to bring ‘Nari Shakti’ to the
   forefront through women’s empowerment and women led development resulting in
   substantial improvement in financial independence of women and availability of
   equal access to education and health. Government has also emphasized Ease of
   Living, especially of women, through various initiatives including Ujjawala
   Yojana, access to toilets under Swacch Bharat Mission, financial inclusion
   through the Mudra Yojna, etc. However, true empowerment of women will require
   greater participation of women in the decision making process as they bring
   different perspectives and enrich the quality of legislative debates and
   decision-making.
    
3. While women participate substantively in the Panchayat Raj institutions and
   municipal bodies, their representation in the State Legislatures as well as in
   Parliament is still limited. Providing for higher representation of women at
   State and national level has also been a long pending demand. There have been
   several efforts to introduce women’s reservation in the Lok Sabha and State
   Legislative Assemblies. The last such atteiiipt was made in 2010, when the Rajya
   Sabha had passed a Bill for women’s reservation bill the same could not be
   passed in the Lok Sabha.
    
4. In order to enable greater participation of women as public
   representative in policy making at State and national level. It is decided
   to introduce a fresh legislation for Constitutional Amendment to provide
   for, as nearly as may be, one-third of total seats in the House of the
   People, the legislative assembly of every State and the Legislative Assembly
   of the National Capital Territory of Delhi to be reserved for women.
    
5. The Bill seeks to achieve the above objectives.

FINANCIAL MEMORANDUM
The Bill, if enacted, is not likely to involve any expenditure, either recurring
or non- recurring from and out of the Consolidated Fund of India.

For the approximately 3,000 residents of Nellie, every election serves as a
painful reminder of the tragic events of 1983 when a mere 14 votes triggered a
mass murder of around 2,000 people. With another election approaching and a
distressingly familiar anti-foreigner sentiment once again influencing politics,
Nellie is demanding the justice that has remained elusive for 36 years.

The anti-foreigner sentiment and contentious protests against the inclusion of
"migrants" in voter lists were major election issues then, just as they are
today. Since 1980, a year after the inception of the anti-foreigner movement in
Assam, 12 out of the 14 Lok Sabha seats had remained vacant since 1980. In 1982,
the assembly was also dissolved. Conducting an election became imperative, and
the announcement was made on January 6, 1983 – polls for the Lok Sabha and
assembly seats would take place in four phases.

The influential All Assam
Students’ Union (AASU), which had initiated the anti-foreigner movement and
demanded the removal of "illegal migrants from Bangladesh" from the electoral
rolls, issued a call to boycott the elections. Meanwhile, Delhi was occupied
with preparations for hosting the first Non-Aligned Movement (NAM) summit just a
month later.

In Nellie, on February 14, only 14 people cast their votes. Four days later,
thousands of leaders from the Assam Agitation movement laid siege to Nellie and
its surrounding villages, all inhabited by Bengali Muslims who had migrated from
Bangladesh in the 1940s and 1950s. In the span of eight harrowing hours, 1,819
villagers lost their lives.

The Nellie Massacre, which occurred on February 18, 1983, in Assam, India,
was a horrific incident during a period of intense ethnic and communal tensions.
The massacre primarily targeted Bengali-speaking Muslims in the Nellie area.
It’s a tragic chapter in Assam’s history, and here’s a brief overview:

On that fateful day, a group of individuals armed with machetes and other
weapons attacked several villages in the Nellie area of Assam. The attackers
were predominantly from the indigenous Assamese communities and were driven by
longstanding ethnic and linguistic disputes, fueled by fears of demographic
change.

The exact number of casualties in the Nellie Massacre remains uncertain and
disputed, but it is widely believed that several hundred people lost their lives
in the violence. Many victims were women and children.

The incident shocked the nation and led to a significant backlash against the
perpetrators. However, the process of justice has been slow and contentious,
with legal complexities and political influences affecting the trials.

The Nellie Massacre remains a painful memory for the affected communities and a
reminder of the importance of maintaining communal harmony and addressing ethnic
tensions through peaceful means. It also highlights the need for justice and
reconciliation in the aftermath of such tragic events.

The events leading up to the Nellie Massacre in Assam in 1983 were complex and
rooted in ethnic and linguistic tensions that had been simmering for years.

Background:

1. Historical Context:
   Assam, a northeastern state of India, has a diverse population comprising various ethnic and linguistic groups. Tensions between the indigenous Assamese people and Bengali-speaking immigrants had been present for decades.
    
2. Immigration Issues:
   One of the key issues was the large-scale immigration of Bengali-speaking people, including both Hindus and Muslims, from the neighboring state of Bangladesh (formerly East Pakistan) into Assam. This immigration was driven by economic opportunities and, in some cases, political and social unrest in Bangladesh.
    
3. Assam Accord (1985):
   Prior to the Nellie Massacre, the Assam Accord of 1985 was a significant development. It aimed to address the issue of illegal immigration and set a cutoff date for detecting and deporting illegal immigrants. However, implementing the accord proved to be highly contentious and complicated.
    
4. Perceived Threat:
   Many indigenous Assamese people perceived the increasing Bengali-speaking population as a threat to their cultural identity, language, and employment opportunities. This perception contributed to growing tensions.
    
5. Political Factors:
   The issue of immigration became highly politicized, with various political parties in Assam using it to gain support. This further exacerbated tensions and polarized communities along ethnic and linguistic lines.
    
6. Breakdown of Law and Order:
   In the months leading up to the Nellie Massacre, there were incidents of violence and clashes between different communities. The breakdown of law and order in parts of Assam created an environment of fear and hostility.
    
7. Specific Triggers:
   While there were several underlying causes, the immediate trigger for the Nellie Massacre was a clash between indigenous Assamese and Bengali-speaking Muslims. This clash escalated into a brutal and deadly attack on several villages.

The Nellie Massacre itself was a horrifying culmination of these long-standing
tensions and conflicts. It resulted in significant loss of life and highlighted
the urgent need for addressing not only the issue of illegal immigration but
also promoting social harmony and reconciliation in Assam.

The pursuit of justice for the victims of the Nellie Massacre in Assam has been
a long and complicated process.
Here’s an overview of what has happened in terms
of legal proceedings and justice:

1. Initial Investigations:
   After the Nellie Massacre, there were initial investigations and some arrests made. However, due to various factors, including the challenges of gathering evidence and the political climate, progress was slow.
    
2. 1985 Assam Accord:
   The Assam Accord of 1985, which aimed to address the issue of illegal immigration, did not explicitly address the issue of justice for the Nellie Massacre victims. This created uncertainty regarding the legal status of the perpetrators.
    
3. Slow Legal Proceedings:
   Legal proceedings related to the Nellie Massacre have been slow and marred by complexities. Gathering evidence and identifying the individuals responsible for the violence proved challenging.
    
4. Lack of Convictions:
   As of my last knowledge update in September 2021, there were reports that some individuals were charged and put on trial, but convictions were limited. The slow pace of justice and the difficulty in securing convictions have been sources of frustration for the victims’ families and human rights organizations.
    
5. Political and Social Factors:
   The pursuit of justice has also been influenced by political and social factors. The Nellie Massacre remains a sensitive and politically charged issue in Assam, and this has affected the legal process.
    
6. Ongoing Efforts:
   Human rights organizations and activists have continued to advocate for justice for the victims of the Nellie Massacre. They have called for a thorough and impartial investigation, as well as the prosecution of those responsible.

Please note that the information provided is based on the status as of September
2021, and there may have been developments since then. The pursuit of justice in
cases of communal violence can be complex and protracted, and it often involves
navigating legal, political, and social challenges.

Conclusion:
Shafdar Ali, a survivor of the attack, recounts, "Thousands from the All Assam
Students’ Union (AASU) surrounded our villages, dressed uniformly in white with
traditional gamosas wrapped around their heads. They carried loudspeakers and
even women with drums. Initially, it looked like a festive occasion. But soon,
the loudspeakers blared orders to start killing, and we fled for our lives." The
massacre continued throughout the day. Mohd Moniruddin, another survivor, sadly
recalls the loss of his entire family that day, saying, "My father, mother,
elder brother, and three younger sisters were killed. I was the only one who
survived because I could outrun the attackers."

The Nellie massacre stands as one of the largest in the country’s history, yet
the Tiwari Commission report on the massacre remains inaccessible to the public,
and none of the perpetrators have faced legal consequences. Reparations for the
victims are still a distant hope.

Maulana Suleiman Qasimi, another survivor, emotionally states, "The Kopili river
had turned red that day. Bodies were piled upon bodies as far as the eye could
see. Today, those who killed our people are hailed as martyrs. We can’t even get
the government to acknowledge that what happened was wrong."

The 855 AASU members who lost their lives during the Assam Agitation have been
recognized as ‘martyrs’ by the present BJP government and received compensation
three times – Rs 5,000 from a Congress government, Rs 30,000 from the Asom Gana
Parishad government under Prafulla Mahanta, and Rs 5 lakh under the current BJP
government led by Sarbananda Sonowal, a former AASU leader himself. In stark
contrast, the families of those who died in the Nellie massacre received only Rs
5,000 from the Congress government soon after the killings.

Now, the people of Nellie aspire to move beyond the divisive sentiments that
fueled the violence. They believe that the only obstacle hindering their
progress is the political establishment, which seems reluctant to let tensions
dissipate.

Bahirol Islam, a well-digger, expresses his hopes, saying, "Many people here
didn’t make it to the draft National Register of Citizens (NRC) published last
year. Perhaps Rahul (referring to a political figure) can bring about positive
changes. At least Congress has spoken in our favor, which cannot be said of
other parties." The NRC is a list being updated in Assam to identify citizens
and migrants.

Shafdar adds, "We consistently voted for Congress, believing they would work for
our welfare, but they made promises without delivering. Then came the BJP
government with its ‘vikaas’ (development) pledge, but it has only exacerbated
issues with its Hindutva politics."

Suleiman humorously remarks, "The only ‘vikaas’ we’ve seen is a road through the
village for police to move quickly."

Nabi Hussain highlights the challenges faced by the people, noting, "People
receive notices from Foreigners’ Tribunals, get labeled as ‘D’ (doubtful)
voters, and are arrested. Even presenting documents doesn’t help. The
authorities seem disinterested. Bengali Hindus in Ganesh Beli, just down the
road, face the same harassment. These issues aren’t new, but their frequency has
increased since 2014. With the Citizenship (Amendment) Bill, the government is
attempting to sow division among us. The BJP-RSS doesn’t want peace. Regardless
of our backgrounds, we don’t sense differences among the people around us. It’s
only the political parties that keep tensions alive."

The Citizenship (Amendment) Bill, introduced by the BJP, aims to grant
citizenship to non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan.
While the bill was set to lapse, the BJP government at the Centre stated its
intention to reintroduce it if it returned to power. This prospect is viewed
with concern by many.

Engaging in matrimony with a woman by the fraudulent concealment of one’s
true identity or by engaging in sexual intercourse under the fraudulent promise
of marriage, promotion, or employment shall render the perpetrator liable to a
maximum of ten years of incarceration. This legal amendment, introduced on
Friday, presents a unique provision to address these offenses for the first
time.

The Honorable Union Home Minister, Mr. Amit Shah, presented the Bharatiya Nyaya
Sanhita (BNS) Bill, designed to supersede the antiquated Indian Penal Code (IPC)
of 1860, in the Lok Sabha. Mr. Shah emphasized the deliberate inclusion of
provisions aimed at combatting crimes against women.

He stated, “This bill comprehensively addresses crimes against women and
numerous societal challenges they confront. Notably, it categorizes sexual
intercourse with women founded on fraudulent promises of marriage, employment,
promotion, or false identity as criminal conduct.”

Although the courts have previously adjudicated cases in which women alleged
rape on the grounds of breached promises of marriage, the IPC lacks specific
provisions to address this issue.

The bill, presently slated for examination by a Standing Committee, articulates,
“Any individual who, through deceitful means or false promises of marriage to a
woman, without any intention of fulfilling such promises, engages in sexual
intercourse with her—where such sexual intercourse does not meet the criteria
for rape—shall be subject to imprisonment of up to ten years and shall
additionally be liable to a fine.” The bill further specifies that “deceitful
means” encompass fraudulent promises of employment or promotion and inducements
or “marriage after concealing one’s true identity.”

Prominent criminal attorney Ms. Shilpi Jain expressed that this provision has
been long-awaited, and its absence allowed for considerable ambiguity and
interpretation from both sides.

Regarding the specific provision concerning “marriage after concealing one’s
true identity,” some individuals have speculated that it may be directed at
instances of interfaith marriages under false identities. However, Ms. Jain
asserted that such interpretations would remain open to debate.

The central argument here is that consent obtained through false pretenses
cannot be deemed voluntary, she contended.

“In our country, women are exploited by men who engage in sexual relations with
them after promising marriage. Committing such acts while having no intention to
marry at the time of making such promises constitutes an offense,” she declared.

Nonetheless, Ms. Jain expressed reservations about combining the false promise
of marriage with promises of employment or promotion in this provision. She
argued, “A promise of marriage cannot be equated with a promise of employment or
promotion because the promise of marriage is rooted in love and trust, while
promises of employment or promotion involve benefits that women accept in
exchange for sexual relations. It represents a relationship of mutual benefit.
When a woman is aware of the nature of the arrangement, namely, sexual relations
in exchange for employment or promotion, it does not fall under deceitful or
false promises,” she maintained.

Furthermore, the proposed bill introduces gender neutrality in the crime of
voyeurism, prescribing a penalty ranging from three to seven years.

Mr. Shah also clarified that these amendments were introduced with the aim of
expediting the dispensation of justice and establishing a legal framework that
aligns with the contemporary needs and aspirations of the populace.

“In cases of gang rape, the penalty will range from 20 years to life
imprisonment. When it comes to the rape of girls under 18 years of age, the
penalty will be death,” he asserted.

According to the bill, murder shall be punishable by either death or life
imprisonment, rape shall entail a minimum of ten years of imprisonment or
imprisonment for life, and gang rape shall result in a minimum of 20 years of
imprisonment or imprisonment for the remainder of the offender’s natural life.

The bill further stipulates that if a woman succumbs to her injuries following
rape, or if the assault leads to her entering a persistent vegetative state, the
perpetrator shall be subject to rigorous imprisonment for a period of not less
than 20 years, with the possibility of life imprisonment or the ultimate penalty
of death.

Anyone who commits rape shall face rigorous imprisonment for a minimum of 10
years, with the potential for imprisonment for life, in addition to a fine.

In instances where a police officer, public servant, or member of the armed
forces commits rape, the prescribed punishment is rigorous imprisonment for a
term not less than 10 years, extendable to imprisonment for life.

Also Read:

• Whether Sexual Intercourse On The False Promise Of Marriage Is Rape Or Not?
• Sex On False Promise Of Marriage
• Whether Sexual Intercourse Based On Promise To Marry Is Rape?

Procedure To File A Civil Case In India

Filing a civil case in India can be a daunting process, but it’s an essential avenue for seeking justice in various disputes, such as property disputes, breach of contract, divorce, and more. This step-by-step guide will walk you through the procedure to file a civil case in India, empowering you to navigate the legal system with confidence.

1. Step 1: Consult an Attorney

   Before initiating a civil case, it’s crucial to consult with an experienced attorney. They can help you understand the merits of your case, assess the evidence, and guide you through the legal process. A lawyer can also assist in drafting the necessary legal documents and representing you in court.
    

2. Step 2: Attempt Mediation

   In many cases, it’s advisable to attempt mediation or negotiation before heading to court. The courts in India encourage parties to resolve their disputes amicably through Alternative Dispute Resolution (ADR) mechanisms like mediation or arbitration. If both parties agree to mediation and it’s successful, it can save time and money.
    

3. Step 3: Draft a Plaint

   If mediation fails or is not applicable, the next step is to draft a plaint,which is a formal written complaint outlining the facts of your case, the relief sought, and the legal basis for your claim. Your attorney will assist you in preparing a well-structured plaint, ensuring that it complies with the legal requirements.
    

4. Step 4: Choose the Correct Court

   In India, civil cases are usually filed in the appropriate civil court based on the jurisdiction. The jurisdiction is determined by factors like the location of the defendant’s residence or the place where the cause of action arose. Ensure you file your case in the correct court to avoid procedural delays.
    

5. Step 5: Pay the Appropriate Court Fees

   When filing your plaint, you’ll need to pay court fees, which vary based on the value of the claim. The court fees can be paid in the form of court stamps or through other prescribed methods. Your attorney will guide you on the exact fees applicable to your case.
    

6. Step 6: Submit the Plaint

   Once your plaint is prepared, along with any supporting documents, it must be submitted to the court’s registry. The court will provide you with a diary number and a date for the first hearing.
    

7. Step 7: Service of Summons

   After the plaint is accepted by the court, the defendant(s) will be served a summons, notifying them of the case. This is done by the court or through your attorney. The defendant must respond to the summons within a stipulated period.
    

8. Step 8: Pleadings and Evidence

   Subsequent stages involve the exchange of pleadings, where both parties present their case, and evidence is submitted. This may include documents, witness testimonies, and expert opinions. Your attorney will help you navigate this process.
    

9. Step 9: Hearings and Arguments

   The court will conduct several hearings where both parties present their arguments and counterarguments. Your attorney will represent you during these proceedings.
    

10. Step 10: Judgment

    After hearing both sides, the court will deliver its judgment. If the
    judgment is in your favor, the court will pass an appropriate order for
    relief, which could include damages, injunctions, or specific performance.
     

11. Step 11: Enforcement of Judgment

    If the losing party does not voluntarily comply with the court’s judgment, you may need to take steps to enforce it through the court, such as attachment of property or other legal remedies.

Conclusion
Filing a civil case in India is a structured process that requires careful consideration and adherence to legal procedures. It’s essential to seek professional legal advice and representation to navigate the complexities of the Indian legal system successfully. By following these steps, you can pursue your civil case with confidence and work towards a fair resolution.

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India, with its vast and diverse population, is often regarded as the world’s largest democracy. However, the frequent occurrence of multiple elections at various levels of government can be an administrative challenge, disrupt governance, and strain resources. The concept of “One Nation, One Poll” aims to address these issues by synchronizing elections at the national and state levels. In this article, we will explore the advantages of adopting this approach in India.

1. Reducing Election Expenditure:

   Holding multiple elections throughout the year incurs significant costs. Political parties spend substantial resources on campaigning, and the Election Commission allocates funds for the management of these elections. Consolidating elections would lead to considerable savings, which can be channeled into more pressing matters such as development and welfare programs.
    

2. Administrative Efficiency:

   Conducting elections is a mammoth administrative task that requires the deployment of vast resources, security personnel, and the coordination of various government agencies. With simultaneous elections, the burden on administrative machinery would be considerably reduced, allowing them to focus on other important tasks.
    

3. Minimizing Voter Fatigue:

   Frequent elections can lead to voter fatigue. Citizens may become disengaged from the electoral process due to the constant need to vote. Synchronizing elections would ensure that voters remain engaged and enthusiastic, as they would only need to cast their ballots once in a defined time frame.
    

4. Stable Government and Policy Continuity:

   In a system with frequent elections, the Model Code of Conduct often disrupts the government’s ability to initiate new policies and projects. With One Nation, One Poll, there would be more stability in governance, enabling elected officials to implement long-term plans without constant interruptions.
    

5. Greater Voter Turnout:

   Simultaneous elections can potentially lead to higher voter turnout. When multiple elections overlap, voters are more likely to participate as they have a single date in mind for all their voting needs, increasing the democratic mandate.
    

6. Enhancing Accountability:

   One Nation, One Poll would promote better accountability among elected representatives. With the public evaluating their performance over an extended term, politicians would be incentivized to fulfill their promises and work diligently throughout their tenure.
    

7. Reducing Political Distractions:

   Frequent elections can divert attention away from critical issues as politicians focus on campaigning. Consolidating elections would allow political parties and leaders to devote more time and resources to addressing the nation’s challenges.
    

8. Ease of Implementation:

   India’s federal structure requires coordination with states to implement One Nation, One Poll. However, this approach simplifies the election calendar and can be phased in gradually to accommodate logistical and constitutional considerations.

Conclusion:

“One Nation, One Poll” offers India an opportunity to streamline its democratic processes, reduce the strain on resources, and ensure stable governance. While there are challenges and concerns to address, the benefits of this approach in terms of cost savings, administrative efficiency, and voter engagement cannot be overlooked. It is an idea that warrants serious consideration as India continues to evolve as a democratic powerhouse on the global stage.

The general structure of the election process in the USA.

1.Primary Elections (Party Level):
Each political party (e.g., Democratic and Republican) holds primary elections or caucuses to select their presidential candidate.

Voters from each party participate in these primaries or caucuses to choose their preferred candidate.

2. National Conventions (Party Level):
The selected candidates from each party are formally nominated at their respective national conventions.
– Delegates from across the country attend these conventions to cast their votes.

3. General Election Campaign (National Level):
The presidential candidates campaign across the country to gain the support of voters.

Debates and rallies are common during this phase.

4. Electoral College (National Level):
The US uses an Electoral College system to elect the President. Each state is assigned a certain number of electoral votes.

Citizens in each state vote for a slate of electors who are pledged to the candidate that wins the popular vote in that state.

5.Election Day (National Level):
On a designated day in November, citizens across the country cast their votes for their preferred presidential candidate.

The candidate who wins the most electoral votes becomes President.

6. Congressional Elections (National Level):
In addition to the presidential election, congressional elections are held to elect members of the House of Representatives and some members of the Senate.

7. Electoral Certification (National Level):
Congress meets to certify the electoral votes from each state and officially declare the President-elect.

8. Inauguration (National Level):
The President-elect is inaugurated on January 20th, following the election year, and officially takes office.

This is a simplified overview of the US election process. The specifics can vary by state and may involve various additional elements, such as local elections and ballot initiatives.