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ENGLISH - II

BA. LLB. 5 YR. (2-SEM)

CURSE MATERIAL

KAMKUS COLLEGE OF LAWGHAZIABAD

CONTENTS

UNIT-I COMMON LEGAL VOCABULARY IN ENGLISH LANGUAGE

·Legal Terms and Meanings ·Idiomatic Phrases ·Proverbs and Stock Sayings

Important Questions

UNIT-II FOREIGN WORDS & PHRASES ·Foreign Legal Words·Legal Maxims * Meaning·One Word Substitution

Important Questions

UNIT-III LEGAL ESSAYS ·Introduction

UNIT-I REPORTS ·Formal and Informal Correspondence ·Letter Writing ·Report Writing

UNIT- DAVID COPPERFIELD ·Charles Dicknens (1812-1870)

Important Question sSuggested Readings

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Strictly for Internal Circulation - KCL

UNIT - I

COMMON LEGAL COVABULARY IN ENGLISH LANGUAGE

LEGAL TERMS AND MEANINGS

There are words in legal dictionary which are mostly used in the field of law and justice. These words

originate from English, French and Latin languages. Thus, to know the meaning of these words has

become necessary.

A

Abandon-—To give up.

Abduction—Wrongful taking away of a person

.

Abduction, child-An offence, connected with a child under 16 to take or send the child out of his place.

Abscond - To depart secretly or to hide oneself from the jurisdiction of the court so as to avoid legal

process.

B

Bad debt. - A debt which, seemingly, cannot be recovered.

Bicameral.- Which has two chambers or houses.

Brothel.-A place resorted to by persons of both sexes for the purpose of prostitution.

Buggery. - It is an offence for a person to commit buggery with another person or animal.

Burden of adducing evidence (Evidential burden).-The onus ono the plaintif or prosecutor of adducing

sufficient evidence to satisfy the court that a hearing ought to continue.

C

Causation. - The relation of cause and effect.

Chattels.- Generally property other than freeholds i.e. personal property.

Codicil. - An addition or supplement added into a will or testament after the finishing of it.

Concubinage. - The state of cohabitation of unmarried persons.

Con?scate.—To deprive of property by seizure. Covertures.- Legal status of a woman during marriage i.e.

under the authority issue of a policy.

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D

Deceive.—To induce a person to believe that a thing is true which is false.

Detriment.—Injury; damage or loss suffered.

Distrain.-To levy a distress.

Dotards.—Dead or decayed trees that cannot be used as timber.

E

Embezzlement-Offence committed by clerk or servant who fraudulently appropriated to his own use

money/property on account of his matter or employer.

Engross.—To prepare the text of a document; to buy up e.g. corn, so as to sell it at a higher price.

Escheat.—Procedure whereby land reverted on the extinction of a tenancy.

Estreat.—A true copy of a record, relating to recognizances and ?nes.

F

Federalism.-Doctrine underlying a political organization based on a compact between two or more

separate States to achieve unity under on Central Government while allowing each State to remain an

entity.

Feoffment.—A conveyance, in feudal times; with livery of seisin.

Foreshore.—Includes the shore and bed of the sea and of every channel.

Forfeiture.-A punishment whereby the offender losses all his interests in his property.

Fringe benefits.-Benefits granted by an employer to an employee which do not enter into his basic wage.

G

Garnishee.—One who has been warned by a court order that a debt is to be paid to some person who has

obtained a garnishe order against his creditor, and not to that creditor.

Geocide.—A mass killing of the particular group/class.

Gratuitous.—Given freely i.e. without legal consideration.

H

Habendum.—To have; the clause in conveyance which defines the extent of the purchase's interest or

estate.

Harboring.—Providing shelter with the object of conceding.

Honorarium.—A voluntary, or honorary payment or reward often given compensation for services in

circumstances in which payment cannot be enforced at law.

Hotchpot.—The bringing together of properties into a common lot so that equality of division may be

assured.

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Illegitimate child.—A child born out of unlawful wedlock.

lmplead.—To sue or prosecute.

Inalienable.—lncapable of being transferred.

lndictment.—A written or printed accusation of a crime.

lnfanticide.—The offence committed by a woman who by any willful act or omissions causes the death

of her child.

lntoxication.—Condition of stupefaction induced by alcohol or a narcotic.

J

Jeopardy.—Risk or conviction and punishment.

Jointure.—A joint interest limited to husband and wife; an estate settled on a wife; taken by her in place of

dower.

Justifiable homicide.—The killing of one person by another where no blame attaches to the killer

Juvenile offenders.—Young offenders.

K

Kin.—Relationship by blood.

Know how.—Knowledge of how to accomplish something expert skill.

L

Laches.—lndolent; negligence unreasonable delay in the assertion of a right will defect equities.

Lacuna.—Gap; omission, in a document.

Leasehold.—The interest i.e. term of years, created by a lease or agreement for lease.

Legacy.—A gift of personal property by will (to a legatee).

Lethal.—Causing or designed to cause death.

Loiter.—To act in a way which suggests that a person is idling in the street for an unlawful purpose.

Lunatic.—An idiot or person of unsound mind.

M

Maim.—To injure a person so that he is rendered less capable of defending himself.

Malfeasance.—The commission of an unlawful act.

Mayhem.—Obsolete term for the injuring of a person so that his effective capacity for self-defence is

impaired.

Mens rea.—Guilty mind.

Misnomer.—The giving of a wrong name to a person in pleadings.

Moiety.—One of two equal parts.

Muging.—Colloquialism referring to robbery of an isolated pedestrian.

N

Neonate.—A new born child.

Nexus.—Connection or bond.

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Noxal.-Referring to damage in ancient civil law caused by a slave or anima.

Nugatory.—Useless, invalid, ineffectual.

O

Ombudsman.—Parliamentary commissioner for administration.

Oppression.- Unjustified imposition.

Ostensible.—Apparent

P

Parol.—Verbal or oral. Formerly applied to a contract not under seal.

Patent.—Exclusive right conferred on one who invents or discovers some process, machine etc.

Pedigree.—A line cf ancestors.

Petition.—A written application praying for relief or remedy.

Poaching.—Illegal taking of game or Fish, and trespassing for that purpose.

Prima facie.—Of first appearance, on the fact of it.

Proviso.—In a deed, a condition upon which its general validity is based my begin; in a statute, a clause

qualifying or exempting from the enactment something which, but for the proviso, would have been

included.

Q

Qua.— In the character of.

Quash.—To annul; to make void.

Quasi-contracts.—Cases in which the law imposes on a person an obligation to make repayment on

grounds of unjust benefit e.g. when he has been enriched at the expense of another.

Quorum.—Of whom, referred formerly to the commission issued to justices of the peace.

R

Recidivist.-A habitual criminal.

Referee.—One to whom dispute is referred for an opinion.

Rejoinder.—The defendant's answer to reply by the plaintiff.

Repudiation.—Refusal to be bound by; e.g. a contract.

Resile.—To withdraw from e.g. an agreement.

S

Scrip.—A corticated or memorandum of shares held in a company. Generally a negotiable instrument.

Seignory.—Power, 'rights, authority of a feudal lord.

Serf.—An unfree person whose service was attached to the soil and who could be sold with it.

Setting aside.— cancelling; making void.

Solicit.—To importune; to invite to course of action.

Statute law.--The body of law enacted by Parliament.

Sweep stake.—A wager based on the outcome of some event e.g. result of a race.

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T

Talaq.—Repudiation, in Islamic law of a wife by her husband by means of a formal, triple declaration.

Tenant.—One who holds land of another.

Termor.—one holding land for a term of years.

Testatum.—Beginning of operative part of a deed.

Tortfeasor.--One who commits a tort.

Trover.—An action on the case brought to recover the value of personal chattels wrongly converted by

another to his use.

U

Under lease.—A sub-lease.

Unilateral.—One sided.

Unjust enrichment.—The unjust obtaining of money benefit at the expenses of another.

Usucapion.—Mode of acquiring title by uninterrupted possession.

V

Verdict.—Answer of a jury to a question committed to their examination.

Veto.—Power to prohibit or refuse.

Vouch.—To summon; to bear witness.

W

Wager.—The risking of a sum of money on an uncertain, eventual outcome.

Waiver.—Giving up of a claim freely.

Whip.—Government or opposition official responsible for controlling the presence of MP's at debates and

votes, rules relating to.

Writ.— Instrument under seal issued in the name of the sovereign, declaring some command.

IDIOMATIC PHRASES

“Idiomatic Phrases” mean a peculiar mode of expression in a language. However, “phrase” means a group

of words or a part of a sentence or an idiomatic expression or a short pithy expression or mode of speech. It

is to be noted that there is abundance of idiomatic phrases in legal language which makes the legal

language specific and complicated. Therefore, it is necessary that lawyers and advocates and also persons

who are dealing with “law” should have sound knowledge of idiomatic phrases. The use of such phrases

can also be seen in other languages, although its use is confined to a certain limit. Legal language has

multidimensional impact because the law, through the legal language, provides relief and remedy to

persons whose rights are violated or denied. Thus, the effect and impact of idiomatic phrases should be

understood in correct context. The experience shows that use of idiomatic phrases in legal language

creates solemn effect which is desirable for administration of justice. The Judges, pleaders, lawyers,

advocates and the ones who draft and prepare statutes should not only know the meaning but also the art of

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proper use if idiomatic phrases. With a view to provide adequate exposure to idiomatic phrases there are

some illustrations being given below -

Meaning of Idiomatic Phrase and their Use

1. Cold war—Mutual bad relations.

There should not be cold war among super powers of the world.

2. Red tapism—So many official formalities.

Many development projects are held up due to red tapism.

3. Sharp practice—Cleverness in legal profession.

No lawyer can became renowned by adopting sharp practice .

4. Hand and glove-Intimate.

l am hand and glove with may business associates.

5. Big gun—Important person.

My brother is a big gun in Delhi.

6. Out of date—Not prevailing.

Multicoloured shirts have became out of date.

7. In hand—Under control.

In Allahabad now law and order situation is in hand.

8. Out of question--Impossible.

My success in U.G.C. examination is out of question.

9. By degree—Slowly.

She is recovering from a prolonged illness by degrees.

10. At random—Not in order.

He checked the coins at random, that's why l did not rely.

11. At the outset-Beginning.

One should work very hard at the outset of his career.

12. Of course-Undoubtedly.

Of course she will never guide me.

13. First and foremost—Most important.

My first and foremost duty is to take care of my ailing mother.

14. In response to-In reply to.

In response to your walk—interview call, l am appearing.

15. In lieu of-instead of

You can write definitions in lieu of numerical in the science paper.

16. In spite of-Notwithstanding.

In spite of hard work he could not succeed.

17. In view of-In thought to, in consideration of

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In view of communal riots, the city market was ordered to be closed.

18. With a view to—Aim to.

He went to U.S.A. with a view to set up a branch office of his company.

19. Call off—Over.

The strike has been called off.

20. Call for-Seek, ask for, demand.

You must call for an explanation from the wrong doing subordinate.

21. Deal in—Tackle. (to be concerned with).

She deals in textiles.

22. Deal with—-Tackle. (to take action) — He is competent to deal with the matter.

23. Do away with—Give up.

She has done away with idleness.

24. Lay down—Sacrifice.

Indian soldiers lay down their lives for their motherland.

25. Look into—To examine.

We shall look into your case carefully.

26. Set aside—Cancel.

The High Court has set aside the order of injunction passed by the Trial Court.

27. Strike off—To cut down.

The principal of my school may strike off your name from students — roll.

28. Kith and kin—Blood and close relative.

She is really fed up with her kith and kin.

29. Null and void—ineffective.

A child marriage is legally null and void.

30. Hard and fast—Definite; rigid.

There can be no hard and fast rule for trust.

31. At logger heads-Terms of hostility.

She is at logger heads with her awn sister.

32. A one's finger tips-Full and ready knowledge.

A lawyer should have all the provisions of the procedural laws at his finger tips.

33. Against the rainy day—Precaution for emergency.

You must have some savings against the rainy day.

34. To be in good books of—To be in kind favour.

She is in good books of her boss.

35. By leaps and bounds—Very rapidly.

Japan is progressing by leaps and bounds.

36. Bone of contention-Cause of quarrel.

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Kashmir issue is a bone of contention between Pakistan and India.

37. Black Sheep—An undesirable person.

Many bureaucrats proved black sheep in the era of economic liberalization.

38. Capital Punishment-Death penalty.

Capital punishment has been abolished in almost all developed countries.

39. To be caught red handed—Caught while committing crime.

The robbers were caught red handed.

40. To die in harness—To die while on duty.

My father died in harness.

41. Corporeal punishment—Bodily punishment.

Corporeal punishment should be given to adults, and not to children.

42. Fair play—Just dealing.

l expect nothing but fair play from my teacher while marking answer sheets.

43. Hush money—Bribe given for concealing secrets.

Politicians have given hush money to the editor of daily newspaper for withholding the publication of

scandal.

44. To make both ends meet-To live within one's income with difficulty.

A primary school teacher hardly makes both ends meet.

45. To hang in balance—To remain undecided.

I am hanging in balance whether to take admission in the Allahabad University or join a coaching

institute.

46. A Himalayan blunder—A serious mistake.

India has committed a Himalayan blunder by trusting the promise for peace and harmony made by

Pakistan.

47. To wash dirty line in public-To express private affairs in public.

There is no wisdom in washing dirty linen in public.

48. A man of letters—A learned man.

Our late President Mr. Shankar Dayal Sharma was a man of letters.

49. A red letter day—A historic day.th

26 January 1950 is a red letter day in the history of our country.

50. A white lie-Gross falsehood.

She is in the habit of telling white lies.

51. Lion's share - The biggest share.

The ma?a boss of syndicate got the lion's share in the banking scam;

52. Pros and Cons- Points for good or bad;

Let us discuss the pros and cons of proposal before we enter into agreement.

53. Pandora's Box – An source of evil powers.

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Corrupt politicians have opened a Pandora's box.

54. Part and Parcei - An essential part.

A good library is the part and parcel of a good institution.

55. Maiden speech - First speech.

Her maiden speech was impressive.

56. Nine days wonder - A short lived glory.

Glory of Napoleon was a nine days wonder.

57. Under the thumb of - Under the authority of some one.

The cashier is under the thumb of the chief manager.

58. By and large - On the whole.

She is by and large a gentle woman.

59. A tower of strength -Chief support.

Sardar V. Patel was the tower of strength for the country.

60. To go back on- To withdraw.

A gentlemen never goes back on his promise.

PROVERBS AND STOCK SAYINGS

The question arises here what is proverb? A proverb or proverbial phrase is a crystallized summary of

popular wisdom or fancy which has been long current in popular speech before it could make any

appearance in literature. According to the Oxford Dictionary a proverb is a short well known sentence or

phrase that states a general trust about life or gives advice. In other words, a proverb is a brief statement or

a sentence often with a moral and usually containing similes or metaphors drawn from daily life.

Some Important Proverbs are as follows -

vActions speaks loaders than words.

vWhere there is a will ,there is a way

vThe tree is known by its fruits.

vStrike while the iron is hot

vTime and tide waits for no one

vOld habits are hard

vPrevention is better than cure

vOpportunity never knocks twice at any man's door

vA little knowledge is a dangerous thing

vMan cannot live by bread alone

vHandsome is as handsome does.

vAn idle brain is the devil's work shop.

vThe half is biter than the whole.

vThose who lives in glass houses should not throw stones.

vWhom the God loves, die young.

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vFool builds houses and wise men live in them.

vGod helps those who help themselves.

vAll that glitters is not gold.

vBeggars cannot be choosers.

vYou can't tell a book bu its cover.

vBlood is thicker than water.

vAn apple a day keeps a doctor away

vCut your coat according to your cloth.

vCowads die many times before their death.

vA man is known by his company he keeps.

vEverything has an end

IMPORTANT QUESTIONS

Q.1. Find the meaning of given phrases.

a) At a stretch

b) At sixes and seven

c) At first blush

d) Green eye

e) Hands are full

f) White elephant

g) Hard and fast

h) The king of terror

Q.2. Find out the meaning of these words)-and phrases

a) At random

b) A man of letters

c) To go back on

d) Accrue

e) Arrest

f) Award

g) Array

h) By & large A

i) Abet

j) Bad debt

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UNIT –IIFOREIGN WORLDS AND PHRASES

FOREIGN LEGAL WORDS

The following foreign words and phrases are often used in Engiish

ab ante before; in advance

ab intio from the beginning

ab intestate in the Civil Law

ante meridiem (a.m.) before noon

a posteriori an argument based on observation or experiment

a pn'ori an argument based on analogy or abstract

consideration; from the cause to the effect

argumentum ad hcminem argument of personal attack, not of reason

argumentum ad bacuium

argumentum ad baculum a term of logic meaning argument of the stick i.e. of

force, not of reason

asswensio mentium mutual consent

au re voir till we meet again; bye-bye

auter droit the right of another

autre fois acquit when a person is acquitted, he cannot be

a?envards indicted for the same offence

autrefois convict when already convicted of the same crime, entitling the party proving it to a

discharge .

bona ?de genuine; in good faith

bona ?des good faith

bona vacantial ownerless property; goods without an apparent

owner in which no one claims a property

breve a writ

Breve de necto A writ of right of estate

Carte Blanche complete freedom to do something

casus belli act justifying war

Causa a cause

causa causans the immediate cause

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causa omissus a point unprovided for by a statute

damage-feaisant doing damage

damnosa haereditas an unprofitable inheritance

damnum sine (abseque) injuria damage without injuri i.e. damage caused without

legal wrong

Data what is given

decree nisi a decree to be made final unless a contingency happens

de die in diem from day to day continuously

de facto in actual fact

de hors outside of; unconnected with

ejusdem geners of the same kind of nature

en masse all together

en route on the way to

en ventre sa mere in its mother's womb

erratum (pl. errata) error

et cetera things of the same class as those which are contained in

the list; and the rest

ex abundanti cautela from abundant or excessive caution

ex cathedra with official authority (from the chair)

Factotum a man of all work

Facsimile make it like, an extra cop a perfect copy

facta probantia facts tending to prove or disprove

factum probandum the fact to be proved; the fact in issue

guardian ad /item in infant-defends proceedings by a guardian

habeas corpuswrit of the Court requiring arrested person to be bodily brought before it

haereditas Jacens an investigate the legality of his detention

haeres factus an inheritance not taken up

ibid; ibide; id heir appointed by will

idem ad in the same place, volume or case

jus of the same mind, agreed

jus ad rem law of right

jus tertii an inchoate and imperfect right

mala ?de the right of third party

maia in se in bad faith

maia prohibita acts wrong in themselves

nemo no one; nobody

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ne plus ultra the highest point of perfection

obiter dictum incidental opinion, passing remark or remarks

onus probandi burden of proof

paravion by air

par excellence without comparison

qua in the character of

quantum meruit as much as he had earned

res nu/lius a thing which has no owner

resume summary

sans recourse without recourse

savoirfaire the asbility to do the right thing in any social situation

terra ?rma dry land; ?rm ground

testatum a clause in a deed which witnesses the operative act to be

effectuated by the deed

ubi supra in the place above (mentioned)

ullage the quantity required to ?ll partly ?lled vessel

vade mecum a constant companion

vadium mortuum a deep pledge; a mortgage

verrus (v) against

LEGAL MAXIMS – MEANINGS

Mostly, legal maxims are derived from the Latin, French and English languages these are used in legal

language/drafting to propound some formulas and doctrines. These maxims are the following.

A

A celo usque and centrum - From heaven to the earth.

A Communi observantia nonest recedendum - Common observation does not cause receding.

A non pose ad non esse sequitur argumentum necessarie negative, iicet non affirmative The

existence of a thing may be presumed from its impossibility, but not vice versa.

A priori argument - Reasoning based on assumption, noton real examptes.

A spoliatus debet ante omnia restitui - He who has been illegally deprived of his property, has the

foremost right to regain it.

A verbis legis non est recedendum - Legal maxims make no deviation.

Ab abusu ad usum non vaiet consequentia—Misuse of a thing cannot lead one to consequences upon

its good use.

Ab assuetis non fit injuria - Things which cause one's attachment are improbable of doing harm or injury.

Absolute sententia expositure non indigent - Plain ianguage needs no interpretation.

Abundas cautela non nocet - much caution shall prejudice no body.

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Accessorium non trahit principale - Subordinate does not affect the principal.

Accusare nemo se debet - No body is obliged to accuse oneself.

Accusator post rationabile tempus non est audiendus nisi se bene de ommissione excusavarit - A

person accusing should not be heard after limitation unless he assigns adequate reasons for his laches.

Actio personalis moritur cum persona -A personal right of action dies with death of person.

Actus non fecit reum nisi mens sitrea An act does not itself constitute guilt unless the mind is guilty.

Aequitas est quasi aequalitas - Equity is, as it were, equality.

Affirmanti non neganti incumbit probation - The burden of proof is on him who af?rms, not on him who

denies.

B

Bello parta ceduntrei publicae - Articles got during war belong to the state.

Benignae faciendae sunt interpretations chartarum - A document ought to be construed liberally so as

to uphold it and not to nullify it.

Benignius leges interpretande sunt quo voluntas earum conservatur - Laws ought to be interpreted

liberally so that their object may be ful?lled.

Bona fides possessor in id tantum quod ad se pervenerit tenetur- A holder in good faith has binding of

that much only as has come into his possession.

Bona fides non paititur, ut lis idem exigatur -Good faith does not allow satisfaction of a thing twice.

Boni judicis est ampliarejurisdiction em justitiam - lt is the duty of a judge to amplify i.e. to liberally

utilise his jurisdiction.

Boni judicis est causes litium dirimere - The duty of a good judge is to extinguish the causes of litigation.

Boni judicis estjudicium sine dilatione mandare executioni - lt is the duty of a good judge to get the

judgement executed without delay.

Bonitas tota aestimabitur cumpars evincitur- lf part proved, total may be evaluated.

Bonum defendantis exentegra causa malum ex quolibet defectu - Defendant's success depends on

extensive cause, his failure on a defect.

C

Casus omissus - The matter which should have been provided in a statute cannot be supplied by court.

Causa proxima non remota spectator - lmmediate cause and not the remote cause should be

considered.

Causa sine qua non - The cause without which the incidentwould not have occurred.

Causa vaga et incerta non est causa rationabilis - Vague and uncertain cause does not constitute an

accurate cause.

Cessante causa cessat effctus - When the cause ceases, the effect ceases too.

Cessante ratione legis, cessat lex - The reasoning of law ceasing the law ceases.

Civilitas successit barbarum - Civilisation succeeds barbarism.

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Clausula generalis non refertur and expressa - General clause does not referto expressed matters.

Claussulae inconsuetae semper inducunt suspicionem - Unusual clause creates suspicion.

Clausula vel dispositio inutilis per presumptionem remotan expost facto fulcitur – Unnecessary

clause or disposition cannot be supported by remote presumption or latter (clause).

Clausula vel dispositio inutilis - Clause even without which the sentence would have conveyed no other

interpretation; redundant clause.

Clausulae inconsuetae semper indeuent suspicionem - Exceptional clauses always induce suspicion.

Cognovit actionem - An instrument in which he confesses the plaintiff's demand to bejust.

Cohaeredes una persona censentur, propter unitatem juris quod habent—Due to unity of title co- heirs are

deemed a uni-person.

Commodum ex injuria sua memo habere debet -One cannot be allowed to take advantage of one's

wrong.

Communiter unum officium est excusatio alterius - Compliance of one duty often leads to non-

compliance of others.

Conditio ex parte ex-tincta ex toto extinguitur - Partly extinguished contract becomes entirely

extinguished contract.

Conditio illicita hebetur pro non adjecta - Unlawful restriction is deemed agreed upon.

Conjunctio mariti et feminae est dejure naturae - Union of husband and wife is lawful by nature.

Conscientia legalise lege fundatur - Conscience legalises basic law.

Conscientia legi nun-quam contravenit - Conscience line does not violate law.

Consensus, non concubitas, facio matrimonium - Consent, not cohabitation, makes a marriage.

Consensus tollit errorem - Consent takes away error.

Consentientes et agentes pari poena plectentur - Abettors and doers of offence are equally

culpable.

Consentire matrimonio non possunt infra annos nubilis Couple's consent before marriageable age to

marry is ineffective.

Constructio legis non facit injuriam- Construction of law does not cause harm to any one.

Consuetudo debet esse certa, nam incerta pro nulla habetur - A custom should be certain, because

uncertain things are held as nothing.

Consetudo est altera lex - Custom is also a law.

Consuetudo et communis assuetudo vincit legem non sriptam, si sit specialis - et interpretatur legem

scriptam, si lex sit generalis - Custom and common usage overcome unwritten law if it is exceptional and

ifthe law is general, they interpret it.

Contrajus civilis regulas pacta conventa rata non habenture - A contract made against civil law shall

not be deemed valid.

Contra proferentem - Against the one making the point; rule that ambiguity in a document is construed

against the party who drafted it.

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Contractus ex turpi causa vel contra bonos mores, nullus - Contract arising out of mean motive or

contrary to morality is void.

Contractus infantis invalidus, si in damnum sui spectet - Contract of a minor is invalid if that is

detrimental to him.

Controversiam vocare, rem in - lt is a matter of dispute.

Copulatio verbourm indicat acceptationem in eodum sensu - The coupling of words together shows

that they are to be understood in the same sense.

Corpore sena in corpore seno - Healthy mind in healthy body.

Counsellor, nest destre oye eue parle enver le presidents - A counsel speaking against a precedent

should not be heard.

Crimen ex post fecto non diluitur- Subsequent acts do not constitute penance for a crime.

Crimen omnia ex se nata vitiat- Crime vitiate of all acts arising there of.

Cuilibet in sua arte perito est credendum - One expert in his own job should be relied upon. (With respect

to that particularjob.)

Cuique (-s) in sua arte perito credandum est -One skilled in one's profession is believable in that.

Cu jus est instituere, ejus est abrogare - One who institutes has the right to abrogate.

Culpa est immiscere serei ad se non pertinent - interfering in a third person's matter is an offence.

Culpa lata dolo aequiparatur - Utmost neglect is similar to reprimand.

Culpa tenet suos auctores - Wrong itself adheres to its doer.

Culpa vel poena ex equitate non intenditur - Crime or penalty does not surface by equity.

Culpae poena par esto- Penalty should be on par with crime.

Cum adsunt testimonia rerum quid opus est verbis - When factual evidence exists, what is the need of

oral evidence.

Cum aliquis renunciaverit societati solvitur societas - When a partner renounces partnership, the

partnership dissolves.

Cum confitente sponte mitius est agendum - A person confessing guilt voluntarily needs to be dealt with

liberally.

Cum duo inter se pugnantia reperiruntur in testamento ultimum retum est - Where two clauses or gifts

contrary to each other occur in a will the posterior shall prevail.

Cum in testamento ambique aut eliam perperam scriptum est beningne interpretari et secundum id

quod credible est cogitatum credentum est - When an ambiguous expression occurs in a will, it should

be construed liberally and in keeping with the testator's meaning.

Curiosa et captiosa interpretatio in lege reprobatur - Curious and captious interpretation of law should

be reprimanded.

Currit tempus contra desides et sui juris contempores - Time runs against those who neglect their

rights and who are idle.

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Custome serra prise stricte - A custom should be taken seriously.

Custos corporis cujusque infantis est in este - He alone ought to be guardian of an infant's person who

cannot be the infant's heir.

D

De fide et officio judicis non recipitur quaestio, sed de scientia sivesit errorjuris, sive facti - Honesty

and integrity of a judge cannot be questioned, but his decision may beimpugned for error either of law or of

fact.

De jure judices, cle facto juratores, respondent - Judges solve legal intricacies where as jurors facts.

De minimis non curat lex- Law does not see trifles.

Do morte hominis nulla est cunctatio longa- Lashes in the matter wherewith death of a person is

attached constitute no laches.

De omnibus dubtandum - We should question every thing. s

De pace et legalitate tuenda - For maintaining peace and for good behaviour.

Debet quis juris subjacere ubi delin quit - A person shall be governed by the law of the place where he

committed crime.

Debita non praessumitur donre- A debtor cannot be presumed to be a creditor.

Debita sequuntur personum debitoris - Debts follow a debtors personatity.

Debitorum pactionibus creditorum petitio nec tolli nec minui protest; - A debtor contract neither

abolishes nor diminishes a creditor; right to seek reliefs or anagreement entered into two persons cannot

affect right of the third party.

Debitum inpraesenti solvendum in furtuto.- Present debt to be satis?ed in future.

Debitum et contractus sunt nullius loci- Debt and contract donot have local jurisdiction.

Degratis sepeciali, certa scientia, et mere motu -A grant must be precise in public interest lest it would be

entirely void or restrained according to circumstances.

Delegate protestas non potest delegari- Deiegated power shall not be redelegated.

Delegatus non potest delegare - Person holding delegated power cannot delegate his this power.

Deliberandum est diu quod statuendum est semel - What is to be resolved should be duly deliberated.

Deus ex machine - Powerthat comes in the nick of time to get rid of trouble.

Deus solus haeredem facere potest non homo - The word “heir” signi?es him to whom lands, tenements

or hereditaments descended by the grace of God and blood relationship.

Dies domonecus non estjuridicus - Sundays are not days for legal/.judicial proceedings.

Dies inceptuspro completo habetur - ncepted day will be deemed a day which has completed itself.

Dies interpellat pro homine - Arrival of payment day itself becomes a day of demand from debtor.

Dies non juridicus - Days on which no legal work is done.

Difficile est ut unus homo vicem duorum sustineat - lt is dif?cult that a single person sustains double

positions.

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Dif?cilem oportet aurum habere ad criminal - Criminal allegations should not be relied on easily.

Dignitas supponit officium et curam et non est paribilis - Dignity supposes of?ce and charge and is not

partible.

Dignitates rex dat virtus conservat, delicta auferunt - The state confers dignity, virtues conserve that,

dereliction deprives that.

Dignus mercede operirius - A labourer is entitled to wages.

Dilationes in lege sunt odiosae - Justice delayed is disgraceful.

Delatio quae pro justitia facit acceptissima; quae contra justitiam maxime invisa - Delay occurring for

arriving atjustice is quite acceptable, but delay occurring not for arriving atjustice is quite disgraceful.

Discretio est discernere per legem quid sit justum - To know what is just according to law is what

constitutes discretion.

Disparata non debentjungi - Dissimilarthings should not be conjoined.

Divisibilis est semper divisibilis - A divisible thing is always divisible.

Dolo facit qui petit quod redditurusest - Praying for the reestablisable is self deception.

Dolo malo pactum se non sefvaturum- Compromise arrived at in bad faith is not executable.

Dolsus versatur in generalibus- A person intending to deceive behaves normally.

Dolus cricuita non purgatur - Fraud is not purged by circuity.

Dominium non potest esse in pendent - Right to property cannot remain in abeyance.

Dominus ali quando non potest alienare - lVlaster lord does not make alienation off and on.

Domum suam unicuique re?cere licet dum non officiat invito alteri in quo jus non habet—Everyone

has the right to renovate his home provided none else is injured there by.

Dona clandestine sunt semper suspiciesa - Clandestine gift are always suspicious.

Donator nunquam desinit possidere antequam donatarius incipiat possidere - Adonor's possession

continues till the donee takes over.

Dorminunt aliquando leges, nanquam moriuntur - Law is dormant sometimes, but it never vanishes.

Doti lex favet, praemium pudons est, idjeo parcatur - Law favours dowry; it is premium for chastity and

hence practicable.

Droit ne doen pluis que soft demaunde - Justice does not give more than that demanded.

E

Eadum mens praesumitur regisque estjuris et quae esse debet praesertim in dubiis - The law will not

presume that the state meant an unwise orvinjurious action.

Ea quae commen - dandi cause in venditionibus dicunturjsi palam apparent, venditorem non

obligant—When the vendor commends that the thing to be vended has not any defect apparent.

Ei incumbit probatio, qui dicit, non qui negat, cum per rerum naturam factum negantis probation

nulla sit—Onus of proof lies on one who alleges and not one who denies, because accordly to nature of

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matter, person denying a fact cannot produce proof.

Ei nihil turpe cui nihil satis - Everything is negligible to one whom nothing satis?es.

Ei qui affirmat, non ei qui negat incombit probatio—Onus of proving negligence lies upon the party who

alleges it, and not upon the party who denies it.

Ejus est interpretari cujus est condere- One who enacts is competent to interpret that.

Ejus est non ville qui potest ve|le- One who can give consent expressly may consent impliedly as well.

Ejus est periculem cujus est dominium aut commodum- One who has the power or the property, has

the risk of losing it.

Ejus nulla culpa est, cui parere necesse sit - He is not a culprit who has to obey.

Electa una via non datur recursus adalteram - He who elected for a route cannot take recourse to

alternative route.

Electa semel facta, et placitum testatum non patitur regressum - Election once made and testified

counter statement cannot be regressed from.

Electio semel pacta non patitur regressum - Election once made cannot be retracted.

En eschange il covient que les estates soient egales - Propeities ought to be equivalent in an exchange.

Eodem ligamine quoligatum est dissolvitur - A bond shall be dissolved in the manner in which it was

created.

Episcope nunc hondimensi qui me erudivit in pueritia - ldentity of a person correctly named cannot be

reasonably doubted.

Error placitandi aequitatem non tollit - Scribing error does not do away with equity.

Error qui non resistitur approbatur - The error not objected to is approved.

Error scribentis nocere non debet- Scriber's error should not be detrimental.

Et domus sua cuique tutissimum refugum -Every one's house is his castle for his repose.

Et verba intentioni, non a contra, debent inservice - To carry in to effect the intention of the parties and

not to make the instrument inoperative. .

Ex antecedentibus et consequentibus fit optima interpretation - a passage is best interpreted with

reference to what precedes and what follows.

Ex d iutu rnitate temporis omnia praesumuntur rite se solemniter esse acta- Antiquity of time forti?es

all titles and supposes the best beginning the iaw can give them.

Ex dolo malo non oritur action - No action arises from a contract without consideration.

Ex facto jus oritur - The law arises out of facts.

Ex maleficio non oritur contractus - Contract cannot arise out of an actquite vicious and illegal.

Ex nihilo nihil fild - Nothing happens without cause.

Ex nudo facto non oritur action - No action forms a contract without consideration.

Ex pacto illicito non oritur action - No action arises on an iliegal agreement.

Ex tu rpi causa non oritur action- No right of action arises from an immoral or disgraceful consideration.

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Ex tu rpi contractu non oritur action - No litigation can proceed on basis of an immoral contract.

Exceptio probat regulam de rebus non exceptis - Exception proves a regulation having concern with

extranuous things, an exception.

Excusat aut extenuat detictum in capitalibus quod non operatur in civilibus - ln capital cases the law

is in favour of life and will not punish with death unless a malicious intention appears.

Executio est finis et fructus legis - Execution is the end and fruit of law.

Executiojuris non habet injuriam - Execution of process of law causes no in jury.

Executor de son tort-One taking the office of executor by intrusion, not being appointed so by the testator.

Expedit reipublicae ne sua reuqis male utatur - One must enjoy 0ne's own property in such a manner as

not to affect legal rights of his neighbours.

Expressio eorum quaet acite insunt nihil operator - The expression which is tacitly implied is

inoperative.

Expressio unius est exclusio ulterius - Mention of one is exclusion of others.

Expressum facit cessare |acitum - The express mention of one thing implies exclusion of others.

Expressum facit cessare tacitum - isible expression prevails upon that implied.

Exta territorium jus dicenti impure non paretur - Orders of the person who uses his jurisdiction beyond

his territory cannot be executed fearlessly.

Extrenis probatis praesumuntur media - When extremities are proved, middles are presumed as such.

F

Facinus quos inquinat aequat - Guilt equates all whom it vitiates.

Facta sunt potentiora verbis - Facts are more powerful than words.

Factum a judice quod ad ejus officim non spectat non retum est - Judge's extra officio action is

inoperative.

Factum cuiqu suum, non adversario nocere debet - A person's action should be injurious to him alone

and not to his adversary.

Factum infectum ?eri acquit - Done cannot be undone.

Factum negantis nulla probation - A person denying a fact need not prove that the fact is inexistent.

Factum unius alteri noceri non debet- Action of a person cannot hurt another.

Factum valet - Thing accomplished is deemed valid.

Factum valet or quod fiere non debet, factum valet - A fact cannot be aitered though the same ought not

have been done.

Falsa demonstrations legatum non perimi - Legacy does not perish by false description.

Falsa demonstratio non necet - False description does not vitiate.

Falsa demonstratio non necet cum corpore constat - Here false description does not vitiate if there is

suf?cient identity of the object.

Favorabiliores rei, potius quam actores habentur-Condition of defendant shall be more favoured than

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that of the plaintiff.

Feodum simplex ex feuclo simplicipendere non potest - Simple estate does not rest on simple estate.

Fere in omnibus poenalibus judiciis et impru Dentiae succuritu - Relaxation to non-adults an

imprudents is given in alrnostall criminal investigations.

Festinatio justitiae est noverca infortunii - Ajudicial decision taken in haste is step mother of misfortune.

Fiatjustitia, ruat aeIum - Justice must done notwithstanding heaven fails.

Fictio legis neminem iaedit - Legal ?ction injures none.

Fictio juris non est ubi veritus - Where there is truth there is no place for legal imagination.

Fictio legis neminem laedit nemini operatur damnum vet injuriam - legel ?ctions must not be used to

cause damage or injury (to the innocent).

Fieri non debuit sed, factum valet - This ought not be done, but if done it would be valid.

Frater uterino non succdet in haereditate patuna - Uterine brother shall not inherit property of his step

father.

Fraus et dolus nemini patrocinary debent - Fraud renders any transaction voidable at the election of the

party defrauded.

F uriosi nulla volantas est - lnsanity makes one deprived of descretion.

G

Generalia regula generaliter est intelligenda- General regulations should be construed in general

way.

Generalia specialibus non derogant - General things do not minimise special things.

Generalia verba sunt generaliter intelligenda - General words should be taken in general sense.

Glossa viperina est quae corrodit viscera textus-Interpretation that ruins the spirit of the original, is quite

absurd.

H

Habeas corpas ad sujiciendum - You have the body to answer.

Habemus optimum testem con?tentem reum - He is the best witness who confesses his guilt.

Haeras ligitimus est quem nuptiae demonstrant - The lawful heir is he whom marriage so proves.

Haereditas est successio universum jusquod defunctus habuerit - Inheritance is succession of all

rights had by the ex-holder.

Haereditas nunquam as cendit - Inheritance never runs upward.

Haeredum dies facit, non homo - inheritance is celestial, not man-made.

Haeres est nomen collectivum - Heir is collective noun.

Haeres est nomen juris, filius est nomen naturae - What is heir in law is son in nature.

Homicidium vel hominis caedium, est hominis occisio ab, homine. Facta - Homicide or killing of a

human being meanstrcausing death of person by another person.

Homo potest esse habitis et inhabilis diversis temporibus - A man may be potent to do a particular

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work at a time while he may not be potent to do the same at another time.

Homo vocabulum est naturae personajuris civilis - By nature one is human being, in civil law he is

person.

I

Ibi semper debet ?eri triatio,ubi juratoresgmeiiorem possunt habere notitiam - investigation should

always take place where maximum information maybe had to the jurors.

ldem est non esse et non apparere - lt cannot be ascertained by any means that did not exist.

Id quod nostrum est sine facto nostre ad adium transferri non potest - Whatbeiongs to me cannot be

transferred withoutmfaiyiconsent.

Id solum nostrum quod debitis deductis nostrum'est - What ever remains with me after deducting

debtsismine.

ld trantum possumus quod de jure possumus – That much only is possible whichis legally possible.

lgnorantia eorum quae quis scire tentur non excusat - A mistake in point of iawdoes not excuse any

one, because a man of discretion is supposed to know that.

lgnorantia facti excusat, ig-norantiaiiuris non excusat - ignorance of fact is excusable, ignorance of law

is in excusable.

lgnorantia judicis est calamitas innocentis- A judge's ignorance is innocent's' calamity.

lgnorantia legis neminem excusat — lgnorance of law is no defence.

lgnorantia legis haud excusat - lgnorance of law is no excuse.

lgnorantia praesumitur ubi scientia non probatur -lf knowledge is not proved, ignorance shall be

presumed.

lgnorane legis est tala culpa - lgnorance of law is serious crime.

lmpunitas continum affectum tribuit delinquendi - lmpunity continues to encourage a delinquent.

lmpunitias semper ad deteriora invitat - Unpunished always proceeds toward more heinous crimes.

ln a qequali jure melior est conditio possidentis - Where the right is equal, the condition of one in

possession is better.

In alta proditione nullus potest esse accessorium sed prinipalis solummode - In treason, no one is

accessory, all are principal offenders.

ln ambiguis orationibus maxima sententia spectando est ejus qui eas protulisset - Where

ambiguous expressions occur, the intention of his, who used them should be regarded.

In ambiguis religionum quaestionibus - in ambiguous religion, the same may be enquired into.

In atrocioribus delictis, punitur affectus licet non sequatur effectus - ln heinouscrimes, for disposition

of mind or body, punishment is lawful irrespective of outcome.

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In civilibus ministerium excusat in criminalibus non item - ln civil matters agency is excusable, not in

criminal matters.

In convetionibus contrahentium voluntas potius quam verba spectari placuit - ln construing a

contract intention of the parties ratherthan the words actually used shall be considered.

ln criminalibu sufficit generalis malitia intention is cum facto paris gradus - ln accusation general

wickedness is sufficient, intent and fact secondary.

In dubiis benigniora praeferenda sunt - ln dubious matters more benign is preferred.

In dubiis magis dignum est accipiendum - ln dubious matters more digni?ed is acceptable.

In fictione juris semper acquitas exist - Equstyis the life oflegal ?ction.

In fictione juris semper-subsistit aequitas - Equity is the life of legal ?ction.

In fictione juris semper subsistit aequitas - Equityalways accompanies legal ?ction.

In judiciis, minori aetati succurritur- ln judicial action, minority is favoured. ' .

In jure non remota cause sect proxima specta'tuir - ln law not the remote cause but immediate cause is

regarded.

In male?ciis voluntas spectatur non exitus - in crime, the intention is regarded, not the result.

in pari cause possessor potior haberi debet - ln equai cause the former possessor will prevail upon the

later possessor.

In pari cause potior est condito possideritis - When both the parties are on equal footing, the party in

possession will gain.

In pari delicto potior est conditio defendentis - When both the parties are equaiiy at fault, the defendant

willgain.

ln pari delicto potior est conditio possidentisi--When both the parties are equally at fault, the party in

possession succeeds.

In praesentia majoris cesslatpotentia minoiris-in presence of the superior, power of the inferior

CGGSGS.

In propria causa nemojudex - None isjudicio-us in.one's own case.

In testamentis plenius testateris intentionern scrutamur - ln a will, the testators intention must be

observed within scope of the will.

In testamentis plenius voluntatis testamentium inter pretantur - A will shall receive a more liberal

construction than its strict meaning.

lnjuria non excusat injuriam - An injury does not excuse an injury.

injuiria propria non cedet beneficium facientis - None can take advantage of one's own injury.

lnjuria servi dominum pertingit - lnjury caused by sen/ant is the responsibility of his master. V

lnsanus est qui; abjecta retione, omnia cum impetu et furore facit - ln same is he who due to digression

of mind does every work hastily and violently.

lntentio caeja mole - Secret intention is bad.

lntentio inservir edebet legibus, non leges intentioni - lntention should follow law and not that law

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should follow intention.

J

Judex ante oculos aequitatem semper habere debet – A judge should always have an eye on equity.

Judex bonus nihil ex arbitrio suo faciat, nec prepositione domesticae voluntatis sed juxta Ieges

etjura pronunciet – A good judge should not do anything arbitrarily or voluntarily, rather he should

pronounce judgment according to law and regulations.

Judex damnatur cum nocens absovitur - If offender acquitted, judge will be defamed.

Judex debetjudicare secundum allegata et probate – A judge should base his decision on allegations

and evidence.

Judex est lex loquens - Ajudge is a speaking law.

Judex non reddit plus quam quod petens ipse require it – A judge cannot give relief more than what has

been asked for by the petitioner.

Judicandum est legibus non exemple is -Judgment should be given according to laws and not

according to examples.

Judices non tenetur exprimere causam sententiae suae -A judge is not bound to assign reasons for the

sentence awarded by him.

Judicia posteriora sunt in legefortiora - In law a later judgment is stronger than a former judgment.

Judicia sunt tanquam juris dicta, et pro veritate accipiuntur - Judgment is like legal maxims and is

acceptable as truth.

Judicis est in pronuntiando sequiregulam, exceptione non probate - if exception is not proved, a judge

should act up to the rule.

Judicium a non suojudice datum nullius est moment - Order of a court having no jurisdiction makes the

order extinct immediately.

Judicuim est quasi jurisdictum – A judgment is like legal maxim.

Judicium semper pro veritate accipitur - Judgment is always accepted as truth.

Jura naturae sunt immutabilia - An act against natural law is void.

Jura non remota causa sed proxima spectator - Law takes into consideration immediate cause, not the

remote one.

Juris ignorantia est cumjus nostrum ignoramus - When we are ignorant of our rights, we are ignorant of

the law also.

Jus accrescendi inter mercatores pro bene?cio commercii locum non habet - F or encouragement of

commerce, the right of survivorship does not exist amongst trading partners.

Jus accres cendi praefertur ultimae voiuntate - The right of survivorship prevails upon the last will.

Jus non patitur idem bis soivatur - The law does not suffer the same thing to be paid twice.

Justitia non novit patrem necmatrem sciam veritatem spectatjustitia - Justice neither knows father

nor mother, justice seeks truth only.

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Laconscience est la plus changeante des regles - Consciencability is the most chargeable rule.

La ley est egal dispenses dejustice, et ne retinque aucum sans remedy sur son droit, sone sons

propre laches - The law is an equal dispenser of justice and leaves none without a remedy for his right

unless he himself is at fault.

La by favour inheritance de unhome - Law favours a man's inheritance.

Legatos violare contra jus gentium est - Causing harm to ambassadors is against law of the nations.

Legatum morte testatoris tantum confirmatur, sicut donatio inter vivas traditione sola — Death of

the testator confirms a will in the way in which bestowing best owing by a living person confirms a gift.

Lege totum si vos scire totum - lf you want to know all, peruse all.

Leges conmunes si nescit foemina, miles – A woman being unaware of law, it is preserved that her

husband knows the law and keeps her informed of it.

Leges naturae perfectissimae sunt et immutabiles - Laws of nature are perfect and in transitory.

Leges non verbis sed rebus sunt impositae - Law is imposed not on words but on things.

Leges posteriores priors contrarias abrogant- Posterior law repeals the earlier law irrelevant thereto.

Leges suum ligent latoram - Law is binding for its maker.

Leges vigilantibus non dormientibus, subveniant - Law helps the vigilant, not the dormant.

Legis intespreta tio legis vim obtinet - lnterpretation of law assumes the power of law.

Llegitime imperanti parere necesse est- His order must be complied who orders lawfully.

Legum omnes servi sumus ut liberi esse possumus- We are servants of law so that we may remain

free.

Le salut du peupie est la supreme - Welfare of the people is the best law.

Lex a rege non est violenda - The king cannot break the law.

Lex contra id quod paresumit probationem non receipt - Law does not receive any proof against what it

presumes.

Lex deficere non potest in justitia exhibenda - Law cannot be deficient in doing justice.

Lex est anima regis, et rex est anima regis - Law is the spirit of king and king is the spirit of law.

Lex est summa ratio - Law stands on the highest reasoning.

Lex expectat naturae 0rdinem - Law regards the order of nature.

Lex loci actus - Law of the place where the act was performed.

Lex loci contractus - Law of the place where the contract was made.

Lex cogit ad vama seer inulilia - The law does not force any one to clothing vain and fruitless.

Lex nil frustra facit - The law does not ask to do a thing which would be frivolous.

Lex non cogit ad impossibilia - Law does not compel to do the impossible.

Lex nostra neminem absentem damnat – Law does not punish any one in his absence.

Lex orbis, insanis et pauperibus protutore atque parente est - Law is the protector and parent of

orphans, insanes and paupers.

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Lex plus laudatur quando ratione probatur - The law is most worthy of approval when it is consistent with

reason.

Lex prospicit non respicit - Law looks forward, not backward.

Lex punit mendacium- Law punishes for false statement.

Liceat cos exhaeredone quos occidere |icebat - It is lawful to deprive one of inheritance whom it is lawful

to sentence to death.

Linea recta semper praefertur transversali - The right line shall always be preferred to the collateral.

Literae patentes regis non erunt vacuae - Official letter of command would not go in vain.

Longa possessio paritjus possidendi et tollit actionem vero domino - Possession for long gives rise to

right to possess and snatches action from real owner.

Longum tempus it longus usus, qui excedit memoriam hominum suf?cit projure - Long period and

long use which are beyond human memory are sufficient to (establish) right.

M

Magis de bono quam de malo lex intendit-Law favours sustaining interpretation and not damaging

interpretation.

Magis jus nostrum quam jus alienum servemus - We should follow the law of our land and not the alien

law.

Magna culpa dolus est - Abject neglect is a sort of reprimand.

Magna est dilictum seipsum interficere quam alium - Suicide is as serious an offence as homicide.

Magus dignum trahit ad se minus dignum - Wiser attracts the wise.

Majus est delictum seipsum occidere quam alium - Suicide is an offence greater than homicide.

Mala grammatica non vitial chartam - Grammatical errors do not vitiate a deed.

Mala grammatica non vitiat chartam sed in expositione instrumentorum mala grammatica quoad

?eri possit evitanda est-Grammatical mistakes do not render a deed inoperative, but as for as possible

deeds should be free from grammatical errors.

Mala in se - Acts which are in themselves crimes; acts which are wrong, contrary to morality and ethics

though not prohibited by law.

Malitiis hominum non est indulgendum - One should not indulge in any body's malicious desires.

Mandatum nisi gratu.itumnuiium est - Mandate is not a mandate unless the some is gratutious.

Matrimonia debent etse libera - Marriage should have full liberty.

Matrimonium subsequens iegitimos facit - Subsequent marriage makes the issues legitimate.

Maxime paci suntcontraria vis et injuria- Use of force and wrongs are the greatest enemy of peace.

Melior est conditio possidentisldefendentise -The party in possession is in batter position.

Melior est justitia were praeveniens qum severe puniens Justice truly preventing is better than that

severely punishing.

Meliorem conditionem suam facere potest minor, deteriorem nequaquam - A minor may better his

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condition, but cannet worsen it in any way.

Melius est ut decem rtoxii evadant quam ut unus innocens pereat - It is better to acquit ten offenders

then to ruin hang an innocent.

Mens testatoris in testamentis spectanda est - in wills, intention of the testator is to be regarded.

Minima poena corporaiis est major quatibetpecunaria - Even the minimum corporeal punishment is

greater than pecuniarypunishment.

Minime mutanda sunt quae certarm habentinterpretationem -What has been accurately interpreted

should not be deviated from.

Minorjurare non proteste – A minor cannot take an oath.

Minor minoren custodire nan debet,' alias enim praesumitur male regere qui seipusm regere Nescit

- A minor shall not be guardian of a minor, because one who cannot govern himself is incapable of

governing others.

Minor non tenatur pacitare superhaereditare - A minor is not bound to defend his inheritance.

Misera est sedrvitus ubi est vagum out incerum - Obedience to law becomes a hardship when that law

is doubtful or unsettled.

Mitiores poenae nobis semper placuere - Law feels pleasure in inflicting punishment lighter than severe.

Mitius imperanti matius paretur- The more soberly an order is made, the more properly the same is

obeyed.

Mors decitur ultimum supplicium - Death is the capital punishment.

More ommia solvit - Death dissolves everything.

Mos retinedus est fidelissimae vetustatis - Oldest custom should be observed.

N

Nam debes melioris conditions esse quam actor meus a quojus in me transit - A successor

should not be given rights more than that of his predecessor.

Necessitas est Iex temporis et loci - Necessity is the law of time and place.

Necessitas facit lictium quod alias non est licitum - Necessity makes lawful what is not lawful

otherwise.

Necessitas non babet legem - Necessity has not law.

Necessitas publica major est quam private - Public necessity is greater than private necessity.

Necessitas, quod cogit, defendit - Necessity defends him too whom it compels.

Necessitas sub lege non continetur quia quod alias non est licitum necessitas facit licitum-

Necessity is not controlled by law, because necessity makes lawful what is not lawful otherwise.

Necessitas vincit legem;-legum vincula irridet - Necessity controls law and resolves its hindrances.

Ne licitatorem venditor apponat - A vendor should not be appointed a bidder.

Nec veniam offuso sanguine casus habet - Pardlon cannot be given in the matter in which murder has

beencommitted.

Nec veniam laeso murninelcasus habet - The case in which deities have been shown disrespect is not

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pardonable.

Negation non protest probari - Refusal need not be proved.

Nemine facit injurium - Name does no injury.

Nemo allegans suam turpitudinem est audiendus - Allegation by any body about wickedness is not to

be heard.

Nemo bis in pericuium veniet proedoctem delicto - No body should be terrorized twice for one and the

same WTOFIQ. l f V

Nemo bis punitur vexatur proedodem delicto - No one shall be punished twice for the same offence.

Nemo debet bis vexari pro eadem causa - None should be vexed twice for one and the same cause.

Nemo debet bis puniri pro uno delicto - No body can be prosecuted again for what is substantially the

same offence.

Nemo de demo sua extrahi potest - None can be evicted from his own house;

Nemo duobus utatur officiis - No body should hold two posts-

Nemo est haeres vi-ventis - No oneistan heir to an alive person.

Nemo (in) propria causa judexj esse ciebet - No one should bee judge in his own case.

Nemo ex suo delicto meliorern suam conditionem focere tpiotefst - No one can improve his condition

by his own misdeeds.

Nemo in auditus condemnari debet si non sit contumax - None, unless obstinate, can be punished

without being heard.

Nemo moriturus prae sumitur mentire - It is presumed that no one tells a lie at the time of death.

Nemo patriam in qua natus est exuere nec Ii geantiae debitum enjurare posit - No one can abjure his

own country nor the allegiance he owes to his nation.

Nemo plus juris ad alium transferre potest quam ipse haberet - No one can transfer a right or interest

greater than what he himself has.

Nemo potest ess dominus et haeres - No body can be owner and heir simultaneously.

Nemo potest esse simu lactor etjudex - No one can be complainant and judge simultaneously.

Nemo potest exuere patriam - No person can abjure his motherland.

Nemo potest esse tenenset dominus - No person can be tenant and landlord (of the same property)

simultaneously.

Nemo potest facere per obliquum quod non potest facere per directum - No one shall do indirectly the

act which he can not do directly.

Nemo seipsum accusari - No one can be compelled to criminate him self.

Nemo sibi esse judex vels uis dicere debet - A man cannot be a judge in a cause wherein he is

interested.

Nihil habet forum es scena - The court has nothing to do with what is not before it.

Nomina sunt mutabilia res autem immobile - Name is changeable but things are not.

Non alienat qui dumtaxat omittit possessionem- One who gives up possession simply cannot alienate.

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Non auditur perire volens - One who wants to perish, shall not be heard.

Non dat qui contra lages alat- Donation contrary to law is not donation.

Non est novum ut priores leges ad postereores trahantur - An earlier act must give lace to the later, if

the two cannot be reconciled.

Non est reus nisi mens sit sea - If one has no intent to do wrong, he is not a wrong doer.

Non exemplis sed legibus judicandum est - A judgment should be given not according to facts in a case

but according to tenets of the law.

Non haec in faedere vent - action for money lent would lie.

Non multum distanta brutis quiratione carent - There is no difference between an inconsiderate and an

animal.

Non nasci et natum mori, paria sunt - Unborn and still born are alike.

Non obligat lex nisi promulgate - lf an enactment is not promulgated, the same shall not be binding.

Nudam pactum ex quo non oritur action - Agreement without consideration whereby no cause of action

arises at.

Nudam pactum inefficax ad agendum - An agreement consideration is insufficient for action.

Nul prendra advantage de son tort demesne - Non can benefit from his own wrong.

Nulla em ptio sine pretio esse potest - No sale shall be done without consideration.

Nulum anarchia majus est inobedentia - There is no anarchy bigger than in obedience.

Nullus commodum capere potest de injuria sua propria - None can take advantage of his own wrong.

Nulls Videtur dolo facere qui suo jure utitur - He is not to be reckoned a wrongdoer who simply avails

himself of his legal rights.

Nuptias non concubitus sed consensus facit - Marriage is performed by consent not by cohabitation.

O

Obedientia est legis essential - Obedience is the essence of law.

Obligatio est juris vinculum, quo necessitate astringimur alicujus solvendae rei seconded nostrae

civitatisjura - Binding is the bond of law which compels our civil law to give us something according to its

rules.

Obligatio mandati consensu contrahentium consistit - An agent's right to make a contract for his

principal depends upon the principal's consent.

Odio et amorejudex careat - Ajudge should be free from hatred and love.

Odisa et inhonesta non sunt praesumenda - Hateful and impious presumptions are not made in law.

Odiosa non praesumuntur - Hateful presumptions are not made.

Officia megistratus non debent esse venalia - Posts of magistrates should not be sold.

Omne accessorium sequiter suum principale - Every accessory is according to its principal.

Omne actum ab intentione agentis estjudicandum - Every action is to be judged according to intention

of the doer.

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Omne nimium veritur in vitium - Every excess becomes demerit.

Omne testamentum morte consummatum est - Every will is complete on death.

Ommne testamlentum mortem consummatum - A will takes effect immediately on death.

Ommne licentam habent his quae pro se indulta sunt renunciare - None can renounce that right which

his duty to the publicforbids the renunciation thereof.

Omnes sorores sunt quasi unus haeres de una haereditate - All sisters constitute one heir i.e. one here

determent.

Omnia mala exempla bonis principiis orta sunt - All bad examples have their origin in good principles.

Omnia praesumuntur ligitime facta donec probetur in contrarium - All things are presumed to have

been done according to law unless contrary is proved.

Omnia prius verbis experiri quam armis saplentem decet - One should take to arms only when

negotiations for compromise fail.

Omnia quae sunt uxoris sunt ipsius viri - All that belongs to wife belongs to husband.

Omnia uxoris durante corujugio maritisunt - All belongings of wife are belongings of husband till they

are wife and husband.

Ominis querela et omnis actio injurirum limitata est infra certa tempora - Every dispute and matter of

compensation are barred by limitation.

Omnis ratihabitio retrotrahitur et mandato priori aequipartu - Every rustication is retrospective and is

equivalent to a prior command.

Ommis regula suaspatiturexceptiones et omnis exceptio est regula - Every regulation is softened by

its exceptions and every exception is a regulation.

Optima est legis interpres consuetude - Custom is the best interpreter of law.

Optima est lex quae minimum relinquit arbitrio judcis, optimum judex qui minimum sibi -That is the

best law which leaves the minimum to discretion of a judge, he is the best judge who depends the least on

his personal opinion.

Optima evidentia rei praevalebit—Best evidence of a particular subject prevails.

Optimus interpres rerum usus-—Usage is the best interpreter of things.

Optimusjudex qui minimum sibi-He is the best judge who relies least upon his own opinion.

Ordine placitandi servato senatur etjus-Order of placement being served, law is served.

Origine propria neminem posse voluntate sua eximi manifestum-—-it is manifest that no person can

renounce his allegiance to his motherland at his pleasure. L

Origio rei inspici debet - inspection as to origin of a thing should be done.

P

Paci-sunt maxime contraria vis et injuria - Violence and injury are quite contrary to peace.

Pacta dant legem contractui - Breach of agreement gives rise to law of contract.

Pacta quae turpem causam continent non sunt observanda - Agreements for immoral consideration

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would not be implemented.

Pacta reciproca vel utrosque ligant vel neutrum - Reciprocal agreement will either apply to both the

parties or to none of the two.

Pactis privatorem juri publico non deroganter - Private agreement is not derogatory to public law; if a

private contract is against public interest, that would be set aside.

Pactum de asseoletione facienda et ipsa assedatione aequiparantur - Contract to give on lease is

similar to lease.

Paena potius molliendae quam exasperandae sunt - Punishment should be softened rather than

hardened.

Persona conjuncta acquiparatur inter esse proprio - interest of personal relation is sometimes

regarded an interest of the person himself.

Potestas suprema seipsum dissolvere potest, ligare non potest - Supreme power releases itself but

cannot bind itself.

Potior est conditio defendentis - Defendant is in better position.

Potior est conditio possidentis - Person in possession is in better position.

Presumptiojuris et dejure - The presumption that the law is known is lawful.

Privatis pactionibus non dubium est non laedi jus caeterorum - A private contract cannot affect the

rights of a third person.

Privatorum conventio juri publico non derogate - A private bargain does not derogate from the public

law.

Privatum incommodum publico bono pensature - Private inconvenience is counter balanced by the

public good.

Pur cause de vieinage - Right exists in the vicinity.

Q

Quae ab intitio inutilis fuit institurtio, es post facto convalescere non potest-A futile institution at the

very begining cannot be bettered by subsequent incidents.

Quae ab initio non valent ex post facto convalescere non possunt - Those things which are invalid

from the beginning cannot be made valid by subsequent act.

Quae accessionum locum obtinent extenguuntur cum principales res peremptae fuerint-Those

things which are accessories abate with abatement of the principal.

QuaeIQue ad unum finem loqunta sunt, non debent ad alium de troquere - Words spoken on one end

cannot be reverted on the other.

Quae non valent singula juncta juvant - Words which are infective when taken singly operate when taken

conjointly.

Quando aliquid mandatur, mandatur et omne per quod pewenitur ad illud - When the law commands a

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thing to be done, it authorizes the performance of whatever may be necessary for executing its command.

Quando aliquid prohibeter, prohibeter et omne per quod devenitur ad illud—V\/hen anything is

prohibited by law directly, the same is prohibited indirectly as well.

Quando lex aliquid alique concedit, condeditur et id sine quo res ipsa esse non potest—-When the

law authorises to do anything, it also authorises to do the thing without which the former cannot be done;

Quando lex aliquid alicui concedit omnia incidentia tacite conceduntur—When the law gives some

one a thing it impliedly gives all the incidental things also.

Qui acquirit sibi acquirit haeredibus—One who acquires for himself, acquires for his heirs also.

Qui adimit medium, dirimit ?nem—One who abducts the middle frustrates the final.

Qui aliquid statuerit, parte inaudita altera, aequum licet dixerit, haud aequum facerit-—One who

decides a matter without hearing both the parties, he might have taken a correct decision, but has not done

justice.

Qui alteriusjure utitur, eodem jure uti debet - One who uses the right of another should use the same

right.

Qui approbat non reprobate — One who has admitted a thing cannot deny that.

Qui contemnit praeceptum contemnit praecipientem —One who a precept contemns the person

making the precept.

Qui habetjurisdictionem absolvendii habetjurisdictionem ligandi - He who has jurisdiction to acquit

has also the jurisdiction to convict.

Qui in suo utitur, nemini facit injurium - He who utilizes his legal rights causes injury to no body.

Qui jure suo utitur, nemini facit injuriam - He who uses his valid rights does not injure any one.

Qui mandat ipse fecisse vedetur - It is assumed that he who orders an act to be done does the act most of

all.

Qui non habet in aere luat in corpore; ne quis peccetur impune - who cannot pay fine should suffer

imprisonment, lest a convict will to unpunished.

Qui non probat, approbat - He who does not incriminate, approves it.

Qui non propulsat injuriam quando potest, infert - He who does not prevent injury in time, encourages

it. .

Qui parcit nocentibus innocentibus punit - He who spares the wrongdoer, punishes the innocent.

Qui semel actionem renunciaverit amplius repetere non potesti - He who has renounced action once,

cannot take action again.

Qui sentit onus sentire debet et commodum - He who would bear the burden shall reap the bene?t.

Qui tacet, consentire, videtur - Silence is indication of consent, he who is silent consents.

Qui viltdecipi decipiatur - Let him be deceived who wants to be deceived.

Quia sunt duae animae in carna una - A wife cannot be produced for or against her husband.

Quic-quid acquiritur servo, acquiritur domino - Whatever is acquired by servant is the acquisition of his

master.

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Quic-quid est contra norman rectiest injuria - Whatever is given contrary to rule of right, is injury.

Quic-quid in excessu actum est, lege prohibetur - Whatever is done in excess of what is necessary is

prohibited by law.

Quic-quid judicis auctioritato subjicitur movitati non subjicitur - Whatever is underjurisdiction of

judges, is not alterable.

Quis quis praesumitur bonus et semper in dudiis pro reo respondendum - It is presumed that all are

gentle, and dubious cases should be decided in favour of respondents. .

Quod ad jus naturale attinet omnes homines aequales sunt - So for as the natural law is concerned, all

are equal.

Quod alias non fuit licitum, necessita licitum facit - What was not lawful otherwise is made lawful by

necessity.

Quod approbo non reprobo - What is admitted shall not be denied.

Quod constat clare non debet verificari - That which is quite clear needs no verification.

Quod constat curiae opere testium non indigent -Whatever is open before the court, need not be

supplemented by testimony.

Quod contra legem fit, pro infecto havetur - Whatever is done contrary to law is taken as not done.

Quod cunque aliquis ad tutelan corporis sui facerit, jure id fecisse videtur - Whatever is done for

protection of his body is considered lawfully done.

Quod est necessarium est licitum - What is necessary, is lawful.

Quod inconsulto fecimus confultius revocemius - Whatever is donewithout proper consuitatieh rriay be

revoked on due consultation.

Responsio unious non ominio audiatur - Reply of one witness shall not be heard.

Reus excipiendo fit actor A defendant who contends or raises an exception becomes plaintiff.

Rex non potest peccare - The king does no wrong.

Res nunquam moritur - The king never dies.

Rumpitur testamentum cum, in condem statu manentetestatore, ipsius testamenti jus vitiatur-

When legal power, to make a will be a testator in his usual state extinguishes, his will shall be vitiated.

S

SSalus populi suprema lex - Welfare of the people is the supreme law.

Soms fact conus, est impossible de scier lay ley sur cest fact—Without knowing the facts it is

impossible to know the law of those facts.

Scienti et volenti non fit injuria - lnjury is not caused to him who knows and invites it.

Scire leges, non hoc est verba earum tenere, sed vim ac potestatem - To know law is not only perusal of

words but to understand its operativeness and force.

Secundum naturam est commode cujus querei cum sequi, quem se - quuntur incommoda-lt is

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natural that one who takes advantage should bear disadvantage also.

Seisina facit stipitem - Ancesstors cannot inherit.

Semper praesumitur pro legitimatione puerorum - Presumption is always made in favour of the

legitimate and the pure.

Semper praesumitur pro negante - P resumption is always in favour of the person denying.

Semper specialia generalibus insunt- Specials are always included in the general.

Sensus verborum est anima legis- Correct meaning of words is the spirit of law.

Sententia facitjus, et legis intetpretatio legis vim obtinet- Law is made of judicial opinions and law is

strengthened by the interpretation of law.

Sentintia enteriocutoria revocari potest - interlocutory order of a judge may be recalled.

Sententia not fertur clerebus liquidis - A decree cannot be awarded on obscure allegations.

Servitus servitutis esse non potest- A liability shall have no liability.

Servus facit ut herus clet - A servant works for his master in lieu of wages paid by the latter.

Si a jure discedes vagus eris, eterunt omrnia omnibus incerta - if one strays from legal path, everything

will be at quandary.

Si in aere non habeat, in pelle luat - He who will not pay fine, will have to undergo corporeal punishment.

Silent leges inter arma - The law is mute during exchange of fire (war).

Sim plicitas est legibus amica et nimia subtilitas in jure reprobatur - Simplicity is amicable to law and

subtlety in law is reproachable.

Sive tota res evinetur, sive pars habet regressum emptor in venditorem - The vendor of the land is

proportionately answerable in damages to the buyer if evicted partly or wholly.

Spoliatus debt ante omnia restitui -The party dispossessed should at first be made to enter in to

possession.

Sponsalia sunt mentio et repronissio nuptiarum futurarum -Betrothal is the mention and undertaking

of future marriage.

Stabitur praesumptioni donec probetur in contrarium —Unless contrary is proved, it would be

presumed that the duty was duly performed.

Statutum generalitar est intelligendum quando verba statuti sunt speialia, ratio autem generalis- lf

the purpose is general, a statute should be construed generally, notwithstanding its special terminology.

Suumma ratio est quae pro religione facit -The best law is that which furthers religion.

Super false et certo fingetur super incerto et vero jure sumitur - Law presumes that an allegation may

or may not be true but the same is probably true, where as in fiction falsehood is presumed.

Superflua non nocent - Superfluous things cause no harm.

T

Talis interpretatio semper fienda est, ut eviteur absurdem, et in conveniens, et ne judicium sit

illusorium—An interpretation should always be done in the mannerthat the absurd and inconvenient is

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avoided and thejudgment awarded is not illusory.

Tantum bona valent, quantum vendi possunt - Value of a thing is that much for which the same is sold.

Tantum habent de lege quantum habent dejustitiaI- In law, examples are given in the number in which

they are requisite for judging.

Terra manens vacua occupanti conceditur - The land which is in vacuum i.e. without oustentaneous

owner shall be deemed belonging to the occupant.

Terra transit cum onere - Encumbrance is attached to land in transit.

Testamenta latissimam interpretationem habere debent - Wills should be interpreted literally.

Testamentum est voluntaris mortrae justa sentis de eo quod quis postmortem suam feri velit –A will

is the expendient expression of that we want to be done after death.

Testamentun om ne morte consummator - All wills are consummated on death.

Testatoris ultima voluntas est perimplenda secundum veram intentionem suam -The last will of the

testator should be executed in keeping with his real desire.

Testes ponderantur, non numerantur - Witnesses are evaluated not counted.

Testibus deponentibus in pari nemero dignioribus est credendum - When deposing witnesses for the

two parties are equal in number, the more dignified of them should be relied upon.

Testimoignes nep oent testifie le negative mes l' affirmative - Witness cannot answer to that which

does not exist, they can only answer to that what appears.

Testimonia ponderanda sunt, non numeranda - Evidence shall be evaluated, not counted.

Testisdevisu praeponderataliis - An eye witness is better than other witnesses.

Testis oculartus unus plus valet quam auriti decem - One eyewitness is equal to ten hearsay witnesses.

Tistomonia pronderanda sunt, non numeranda - Testimonies are weighed not counted.

Totun praefertur uni cuique parti - Entirety is preferred not a part there of.

Tout ceque la loi ne defand pas est permis - That which is not barred by taw, is permissible.

Transgressione multiplicata crescat poenae inflictio - When transgression (of law) is multiple, penalty

should be severer.

Transit in rem judicatam - Subject matter goes in the judgment.

Transit terra cum onere - Land is transferred with its encumbrances/covenants.

Turpis est pars quae non convenit cum suo oto - The portion which does not depict the whole is bad.

U

Ubi cessat remedium ordinarium ubi decurritur and extra ordinarium—When ordinary remedy fails,

extraordinary remedy should be adopted.

Ubi cuipa est, ibi poena subesse debet —When crime has been committed, penalty should be inflicted.

Ubi cunque est injuria, ibi damnum sequitur—-Where there has been injury damages will follow.

Ubi est forum, ibi ergo estjus - Law prevalent in the court in whose jurisdiction the place of occurrence is

situated, shall govern.

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V

Vir et uxor, consentur in iegeuna persona - Law considers husband and wife a single person.

Vitium clerici nocere non debet - Clerical errors should not vitiate the purpose.

Vix ulla iex fieri potest quae omnibus commodo sit, sed si majori parti prospiciat utilis est - lt is

difficult to make a omni-bene?cial law but if it is beneficial to majority, it is useful.

ONE WORD SUBSTITUTION

A written statement given on oath - affidavit

List of matter of business to be discussed in a meeting etc. - agenda."

A person who believes that nothing can be known about God or of anything except material things

—agnostic

Description of a subject with symbolical representation to another — allegory

Formal statement or evidence that a person was in another place at the time of crime — alibi

General pardon of the offences against Government —- amnesty

One who provokes disorder in a State or one who does not believe in government — anarchist

Absence of Government —- anarchy A

A thing capable of destroying bacteria —- antibiotic

A substance that checks rotting or infection -- antiseptic

A person who prepares plans for buildings — architect

Government by the nobility — aristocracy

A person who practices any of the fine arts, especially painting — artist

A professional singer, dancer etc. — artiste

One who goes in a space vehicle - astronaut

Not believing in the existence of God — atheism

Disbeliever in God or one who has no belief in God — atheist

A government by one man — autocracy

Person unable to pay his debts —- bankrupt ' A

Slander the reputation of somebody who is not present —- backbite

A list of books with details of authorship, editions, subjects etc. bibliography

Speaking or using two languages — bilingual

The life-history of a person written by some body — biography

A person who is very fond of reading books — bookworm

One who studies the science of animals and plants — biologist

To shut out from social, economic or political relation — boycott

A booklet or pamphlet containing information about something or advertising something — brochure

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A government in which the whole power is vested in the officials — bureaucracy

One who eats human flesh; an animal that eats its own kind — cannibal

Animals feeding on flesh — carnivorous

One who treats heart diseases — cardiologist

A hundred years — century

Arrangement of events according to dates or times of occurrence — chronology

A book or booklet containing a complete list of items, usually in a special order and with a description of

each — catalogue

A person who talks too much -- chatterbox

An associate in the same enterprise, office, profession — colleague

Money given for requisitioned property — compensation

A settlement of disputes by both parties — compromise

Universal in outlook or one who is free from national limitations — cosmopolitan

A person who forms and gives judgments about literature, art, music, and so on — critic

One who believes in the existence of God, but without acceptance of revelation or religious dogma - deist

A Government formed by the people -- democracy

A place where one lives permanently — domicile A

A state of a person, who is asked to choose one of the two unfavorable things -- dilemma

Art of conducting negotiations between nations —~ diplomacy

One who is able to perform duties well —- efficient

One who is self-centered -—- egoist

One who leaves a country to live in another -— emigrant

Causing or ending in death or disaster —- fatal

A person who firmly believes that fate controls man — fatalist

One who champions the cause of women — feminist

Men who are joined together by common interests —- fraternity

Large groups of stars in the sky — galaxy A

A group of persons going about or working together, especially for criminal purposes — gang

Seeing things not actually present - hallucination

Animal that feeds on plants -— herbivore

Feeding on plants — herbivorous .

Passes on from parent to child or from one generation to following generations — hereditary

System with grades of authority or status from the lowest to the highest — hierarchy

Killing of one person by another or a person who kills another — homicide

Person given to another as pledge — hostage

One who sympathizes with and serves the people — humanitarian

Exaggerated statement that is made for special effect and is not intended to be taken literally -

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hyperbole - Idea or suggestion that is based on known facts and is used as a basis for reasonsing of further

investigation - hypothesis

Worship of idols and images - idolatry

Something against law —- illegal

Difficult or impossible to read — illegible

Not allowed by law — illicit

Not able to read or write — illiterate

Without reason or logic — illogical

To decorate with lights — illuminate

Existing only in the mind or imagination — imaginary

Ability to form mental images or pictures —— imagination

A foreigner who comes to stay in a country -— immigrant

Power to resist infection -— immunity

Not sufficient or enough -- inadequate

That cannot be allowed or admitted especially in a court of law - inadmissible

Not loud enough to be heard ~— inaudible

Not able to do something -- incapable

impossible or difficult to believe —- incredible

Acting without careful judgment — indiscriminate

Crime of killing an infant or baby — infanticide

Person with no belief in religion —infidel

Person who informs, especially against a criminal or fugitive -t-— informer

Not appropriate or tactful — injudicious

Possessed from birth — innate

Quality of being honest and morally upright - integrity

Power of the mind to reason and acquire knowledge -- inteiiect

Power of learning, understanding and reasonsing - intelligence

Too hard to be endured or borne — intolerable

Person who is more interested in his own thoughts and feelings than in things outside himself - introvert

Immediate apprehension by mind without reasoning — intuition

Extent of the authority of someone — jurisdiction

Young person who is not yet adult —juvenile

Non-interference by government in trade etc. — Iaissez-faire

person who has studied law -— lawyer

Legal property left by the predecessor —- legacy

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That can be read easily — legible

One who studies the science of languages — linguist

Act of killing one's own mother -— matricide

Coming and going with the seasons — migratory

Government by a king — monarchy

Doctrine that there is only one God — monotheism

Building where dead bodies are kept for something — mortuary

A person who loves his country's freedom —— patriot

Murder or murderer of father — patricide

One who makes journey on foot — pedestrian

One who looks at the dark side of things - pessimist

The crime of literary theft —— plagiarism

Custom of having several husbands — polyandry

Custom of having several wives -— polygamy

One who speaks/writes many languages — polyglot A

Medical examination of a human body after death — post-mortem

Murder or murderer of a King — regicide

Things happening at the same time — simultaneous

Speaking aloud one's thoughts to oneself — soliloquy

An unmarried woman (generally old matured) — spinster

One who speaks for others (party/industry etc.) —- spokesman

A sagacious, far-sighted, selfless political leader skilled in the management of state affairs — statement

The way in which an army is led to war by its general -- strategy

Murder of oneself - suicide

A word with the same meaning as another in the same language — synonym

Rules for the arrangement of words into phrases and phrases into sentences — syntax

One who believes in the existence of God — theist

A perfect ideal not possible to practice — utopia

One who abstains from meat — vegetarian

Person who is fond of making jokes — wag

Place where clothes are stored — wardrobe

Great enjoyment or excitement — zest

A line or path which turns right and is left alternatively at sharp angles - zigzag

Place where rare animals are kept for exhibition, study and breeding - zoo

Science of studying the structure, form and distribution of animals - zoology

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IMPORTANT QUESTIONS

Q.1. Find out the meanings of this legal maximums

a) Bond fides non pa?itur, ut lis idem exigature

b) Dona clan destine sunt simper suspiciosa.

c) Dot ilex favet.

d) Judex est lex loquats.

e) Nomo ex suo delicto.

f) Odio et amore Judex careat.

g) Ouod non legitur, non creatur.

h) Res loquitur.

i) Upi jus in centum

j) Verba artis exane.

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UNIT- III

LEGAL ESSAYS

INTRODUCTION

What is an Essay?: As a form of literature, the essay is a composition of moderate length, usually in prose

which deals, with a subject and in strictness, with that subject only as it affects the writer.

The word 'essay' originates from French word “essai”. According to the father of essay, Montaigne - An

essay means a perception of the mind, an irregular undigested piece, not a regular or very clear

composition.

Thus, an essay is a prose composition on a topic which can be reflective or narrative, descriptive, or

emotional or personal but should be of moderate length not so much concise.

What is a Legal Essay? : A legal essay is based on law literature and statute which deals with the law

points of any given topic. Most of the legal essays are reformative but they can be reflective or analytical as

well but certainly not emotional. Comments and suggestions can be given in a legal essay with a view to

enhance its scope and applicability. in a legal essay it is desirable to include the court's view on the

particular matter/subject and the principle laid-down by the court while delivering judgment on the particular

case. Every legal essay is confined to the boundaries of the statutes and its violation is not desirable.

Thus, a legal essay means expression of own ideas, views in a systematic manner on any subject focusing

on law point as pivot. in other words “a sequence of ideas and views based on law points.”

The following are the characteristics of a legal essay

1. Limited size

2. Own language of writer

3. Completeness and relevancy to the statutes.

4. Short sentences

5. Flavour of law literatures

6. Use of quotations mentioned by the jurists/judges.

7. Uniform flow of language

8. Principles laid-down by the court on the particular provision.

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9. Relevant inclusion of the statutory provisions.

10. Free discussion on law points.

11. Impressive introduction and beneficial conclusion.

1. Prisoner's right to vote

The Constitution of India and the Representation of the Peoples' Act provide the fundamental system for

the Elections in our country. India is a democratic country and federalism is its important substance. Under

the constitutional provisions the Chief Election Commissioner has an important role to play in the election

system of the country. A prisoner can become a member of Parliament and a member of Legislative

Assembly but he has no right to cast his vote in an election. A prisoner can contest election from the jail while

he is under detention but it is ridiculous to state that a prisoner cannot cast his vote. There are a number of

occasions where the people have contested elections from jail and some of them have also succeeded and

won elections. Thus they become honourable members of Parliament or of a Legislative Assembly. It has

put a question mark on the present Electoral System. It means those prisoners who cannot manage to be

released on bail and are thus confined to the jail are deprived of their right of franchise. Similarly, those who

are under police custody whether lawful or unlawful cannot exercise the right to vote. Hence, it can be said

that though the prisoners have been given certain constitutional rights, one of the important rights has been

taken away-that is right to vote.

Now, the question is that in case of a person who has been convicted by the court or who remains in jail as a

prisoner under-trial or in police custody and is deprived of his rights of casting his vote, such a restriction

could amount to violation of his fundamental right given to him under Articles 14, 19, and 21 of the

Constitution? Whether such a provision should be declared ultra vires and void in the Constitution? There is

yet another question as provided under section 62 (5) of the Representation of the People's Act which

states that the prisoners are supposed to surrender their right to vote under the said Act but persons who

are detained under the National Security Act are entitled to cast their votes. Thus that is a discriminatory

provision.

There is no doubt that the criminalization of politics is a matter of grave concern and is being debated

throughout the country and all measures are being taken to prevent it and to ensure crime free politics. No

criminal should be allowed to contest election or to cast his vote. In view of this the Election Commission

has recommended that any person convicted by the court and sentenced for more than six-months should

be disqualified from contesting elections for six years. The Election Commission has also suggested a

number of changes in present Representation of Peoples' Act to remove the lacunae that have provided

even history-sheeters to contest elections. The Election Commission had made herculean efforts to invoke

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a nationwide debate on this hot issue for preventing criminalization of politics by recommending that those

who have been sentenced up to six months be barred from contesting election. It should not matter that

they have their appeals pending in the higher courts.

According to Election Commissioner, 40 Members of Parliament and about 700 out of the 4,072 Legislators

in States Assemblies have criminal records. This revelation had invited a hot discussion on this problem.

It is unfortunate to note that these M.P.s and M.L.A.s are the sitting members in the current Parliament and

in State Assemblies respectively.

According to Election Commission the fact that the new rules would be applicable to coming elections was

some consolation. However, the Election Commission has issued a directive that any person sentenced by

a competent Court under Section 8 of the Representation of Peoples' Act would be debarred from

contesting elections.

For the first time, in the Rajya Sabha's election Nomination Forms were required to be submitted along with

affidavits declaring that the candidates did not have criminal records.

Another issue is enhancing the limit of election expenses fixing a limit of rupees 50 lakhs for Parliamentary

constituencies and Rs. 6 Lakhs for Assembly constituencies. However, Election Commission has

suggested that the power of fixing the ceiling for election expenses in case of larger or smaller

constituencies should be vested with the Election Commission.

Another point of controversy is regarding the politicians seeking entry to the Rajya Sabha by giving false

declarations of their address and thus getting their names enrolled in the electoral rolls of the State. This

problem can be solved provided the relevant laws are amended to entitle anybody to contest Rajya Sabha

elections from any Parliamentary Constituency in the country so long as she or he is a lawful voter.

Here, it is pertinent to mention that the reformative measures without any legislative background, the

general orders do not specifically decide the fate of under-trial prisoner. The Election Commission has a

vital role to play in abolishing this kind of discrimination and also to provide right to adult franchise which

should be exercised by all persons. Articles 14, 19 and 21 of the Constitution deal with Fundamental Rights

that a person should not be discriminated and every person should be assured the exercise of all his rights.

Under the Constitution, right to adult franchise has been guaranteed to every citizen of India. Thus, it is

unfortunate to note that our Constitution has guaranteed the right to vote to the citizens of India but the other

subordinate authorities have curtailed the prisoner's right to vote.

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The Apex Court has also expressed its concern about the diabolical nexus between bureaucrats, politicians

and industrial houses with the under-world. With this view the Apex Court has issued directions to the

Central Government to establish a body of prominent personalities and jurists having high moral standing

to look into these so called relations. It is awful that hardly any progress has been made in this direction so

far. The Apex Court has remarked criminalization of politics as the bane of society and denial of democracy.

A few years ago the then Chief Justice of India Mr. J.S. Verna said - Criminalization of Politics is subversive

of free and fair elections which is basic feature of the Constitution”. The Apex Court emphasized conducting

free and fair elections and right to adult franchise. The Court further said that sometimes the need for free

and fair elections is not given due importance. While dismissing an election petition which challenged the

validity of Section 62 (5) of the Representation of the People's Act, the Court observed -

At a number of occasions through writ petitions, it had been challenged that Section 62 (5) of the

Representation of Peoples Act is violative and ultra vires to the Constitution of India and it was agreed

before the Court that right to vote should be made available to all under-trial prisoners. But the Court

dismissed the plea and held that the word “or otherwise” has very wide meanings, which denies voting right

to the under-trials and other persons detained in jail for any reason including an inability to furnish bail etc.

This limitation is applicable even to those persons who are in police custody. it will also include a person

taken into custody or in police custody for investigation purposes through the order of the Court. But, person

even sentenced or convicted or under-trial, who is released on bail is entitled to vote. The Apex Court has

held that it does not account to discrimination.

With all respect and due pardon, the above views of the Apex Court seem to be unreasonable and a legal

bar to the prisoners who have been denied their right to adult franchise which has been guaranteed to all

citizens under our Constitution. There should not be any discrimination within a group of prisoners because

persons who are under-trial but under preventive detention, are not permitted to vote, whereas other

categories of under-trials such as those detained under National Security Act are permitted to vote. The

question is why the particular categories of under-trials are not permitted to vote. It is against the spirit of

Articles 14, 19 and 21 of the Constitution. It is a denial of the human right of the prisoners. The Country has

to preserve and promote human rights of the prisoners in every sphere of life under the Universal

Declaration of Human Rights, 1948, in which, India is also one of the parties.

It is true the prisoner's right to vote is very valuable human right.

It is also the foundation of democracy and modern legal system. Under the present system there is no

provision for compensation to be paid for denying prisoners to cast their vote, where a prisoner is found

innocent by the Court at the end of this trial. However, according to the Supreme Courts directions to all

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Lower Courts compensation in terms of money be provided to a prisoner who has been deprived of his

liberty without any reasonable cause. This facility needs to be extended to those prisoners and under- trials

who have been deprived of their right to vote. In Sangram Singh v. Union of India, the Apex Court has held

that right to vote was a statutory right and it is not a common law right. The Court said right to vote or to

contest an election as candidate is not a right but in fact it is a creature of statute or special law and it must be

subject to the restriction imposed by such statute or a special law. This view of the Apex Court has been

upheld in various other cases relating to election laws such as Representation of People's Act.

Although the right to vote is not an ancient right, it is true that all civilized societies and democratic countries

have recognised the right to adult franchise as a basic fundamental right and also as a human right. Under

the present legal system a prisoner cannot exercise his right to vote but a prisoner can be a Member of

Parliament or a Member of a Legislative Assembly or even a minister. Thus legal position of a prisoner has

to be changed and partiality be removed.

All prisoners or under-trials should be provided right to vote irrespective of gravity or nature of crime.

Restrictions upon prisoners right to vote have to be removed by the appropriate legislation. The guardian of

the Constitution - Apex Court may consider to declare these provisions void and ultra vires under the

Constitution. Also in view of present human right movement, prisoner's right to vote is desirable.

2. Right to Privacy within the Ambit of Constitution

The Indian Constitution does not specifically provide the “right to privacy” as one of the fundamental rights

guaranteed to the Indian citizens. However, this right is protected under the Indian Penal Code and Indian

Evidence Act.

The “right to privacy” is an important natural need of every human being as it creates boundaries around an

individual where the other pers0n's entry is restricted. The right to privacy prohibits interference or intrusion

in other' private life. An interference in the privacy of a person endangers his personal liberty in the matters

of family affairs, marriage and sex which need closed door treatment. If the right to privacy is not

guaranteed as fundamental right of a individual the very purpose of personal liberties which are provided

and guaranteed by the Indian Constitution will be a mockery. According to Article 21 of the Constitution “no

person shall be deprived of his life, personal liberty except according to procedure established by law”. The

Apex Court has propounded and considered the right to privacy on a number of occasions. The Apex Court

has clearly affirmed in its judicial pronouncements that “right to privacy” is very much a part of the

fundamental right guaranteed under Article 21 of the Indian Constitution.

In Kharak Singh v. State of U.P. the Court has held that the expression “life” under Article 21 of the

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Constitution is not confined to bodily restraint to prisoners only. The Apex Court further held that the

domiciliary visits of the policeman were an invasion into petitioners' personal liberty. An unauthorized

interference or intrusion into a person's home and the disturbance caused to him is the violation of the

personal liberty of an individual which has been guaranteed by the Constitution.

The expression “life” as used in Article 21, is meant something more than mere animal existence.

In another case Manaka Gandhi v. Union of India, the Apex Court has widened the scope of the

expressions “personal liberty” and observed—”The expression personal liberty in Article 21 is of the widest

amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of

them have been raised to the status of fundamental rights and given additional protection under Article 19."

The Apex Court has for the first time, commented upon the “right to privacy” and held that Article 21 protects

the right to privacy and promote the dignity of the individual.

In Govind v. State of Madhya Pradesh, the Apex Court observed that “the Right to personal liberty, the right

to move freely and the freedom of speech create an independent right of privacy as an emanation from

them which can be characterized as a fundamental right. The “right to privacy” would necessarily have to go

through a process of case by case development.

In State of Maharashtra v. Madhuker Narain Mardikar, the Supreme Court has held that “Even a woman of

easy virtue is entitled to privacy and no one can invade her privacy as and when he likes. In the view of Apex

Courts judgment no person is authorised to violate or to make intrusion into her privacy as and when he

wishes. In the above case the Court said that a woman of easy virtue is also entitled to protect her person. If

there is an attempt to violate it against her wish, she is equally entitled to the protection of law. This

landmark judgment of the Apex Court has widen the scope of the “right to privacy” which included that the

right to privacy is one of the fundamental rights under the Indian Constitution. This judgment deserves to be

hailed as the judicial excellence. Right to privacy again cropped up before the Apex Court in Raja Gopal v.

State of T.N. in connection with the publication of autobiography of condemned prisoner which contained

inter-alia the materials as to show close nexus between the prisoners in several crimes. The Apex Court in

that case has laid down the following principles. (1) The right to privacy is implicit in right to life and liberty

guaranteed to the citizens of this country by Article 21. It is a "right to be left alone”. A citizen has a right to

safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing and

education among other matters. No one can publish anything concerning the above matters without his

consent whether truthful or otherwise and whether laudatory or critical. lf he does so, he would be violating

the right to privacy of the person concerned and would be liable to action for damages. Position may,

however be different if a person voluntarily thrusts himself into controversy or voluntarily invites or raises a

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controversy.

(2) The aforesaid rule is subject to the exception that any publication concerning the aforesaid aspects

becomes objectionable if such publication is based upon public records including Court records. Once a

matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate

subject for comment by press and media among others.

In People's Union of Civil Liberties v. Union of India, the Apex Court has said that telephone tapping is

serious invasion of an individual's privacy. With the growth of highly sophisticated communication

technology, the right to hold conversation, in the privacy of one's home or office without interference, is

increasingly susceptible to abuse. Telephone tapping would infract Article 21 unless it is permitted under

the procedure established by law.

The right to privacy is a human right which has been recognized in Article 8 of the European Convention on

Human Right, 1950, which reads as follows - “everyone has the right to respect for his private and family life,

his home and his correspondence”. According to Article 8 (2) of the Convention this exists in accordance

with the law and is necessary in a democratic society in the interest of national security, public safety or

economic well being of the country, or the prevention of disorder or crime, for the protection of wealth or

morals or the protection of the rights and freedom of others.

In U.S.A. the right to privacy has been upheld by the Supreme Court in a number of cases.

In U.K. the right to privacy was initially recognised in Prince Albert v. Strange. This right has been extended

to private communication between husband and wife. According to Lord Damming, the English Law should

recognise a right to privacy. Any infringement of such right should give a cause of action or as an injunction

as the case may require.

According to Supreme Court of India, in Peoples' Union for Civil Liberties v. Union of India, Article 21 of the

Constitution of India is to be interpreted in conformity with Article 17 of the international Covenant on Civil

and Political Rights 1966 and Article 12 of the Universal Declaration of Human Rights 1948 for the purpose

of protecting the right to privacy. The above judgment of the Supreme Court and also the provisions of

international Charter and Conventions lay down that “right to privacy” is of paramount importance for ail

human beings and it seems to be inherent right of every individual. In the view of the Apex Court “right to

privacy” is a part of fundamental right under Article 21 of the Indian Constitution. However, its extent and

scope are not clearly elaborated. A right without proper elaboration is a right without protection. Therefore,

conceptual ambiguity and uncertainly deserve to be removed so that 'right to privacy” is exercised and

recognised in its real sense. The “right to privacy” should be provided under the Indian Constitution as a part

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of fundamental right. It may be possible by way of Constitutional Amendment, where by “right to privacy”

either be added in Article 21 of the Constitution or a new clause may be added in Article 19 of the Indian

Constitution. However, to maintain reasonable balance between individual's privacy and social exposure

subject to judicial

control is necessary. The “right to privacy” is the most essential right which is also regarded as a

human right.

3. Protection of Human Rights and Police

Where there is a right there is a corresponding duty, and in the context of human rights the duty falls upon

the States. According to IMMANUEL KANT “The function of the true State is to impose minimum restriction

and safeguard the maximum liberties of the people”. The recognition by the United Nations Organization

and by States that all human beings, regardless of nationality, possess rights deserving international

recognition and protection, marked a revolution in international Law.

The importance of Human rights was realised after the second world war and with this view of international

recognition of women's right and protection occurred in the “minorities treaties” which guaranteed life,

liberty and freedom of religion to all human beings irrespective of their nationality. The first universal and

elaborative recognition of human rights and fundamental freedom was recognised in the charter of the TH

United National on 26 June 1945 and its preamble expresses an international commitment of people of

the United Nations to reaffirm and confirm faith in human rights.

The charter of the United Nations has reaffirmed the dignity of all human beings and equal rights of men and

women, whereas Member States have pledged themselves to achieve, in cooperation with United Nations,

the promotion of universal respect for an observance of human rights and fundamental freedom.

Whereas a common understanding of human rights and freedom is of the greatest importance for the full

realization of this pledge, the General Assembly proclaims this Universal Declaration of Human Right as a

common standard of achievement for all people and all nations, to the end that every individual and every

organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to

promote respect of human rights and freedoms and by progressive measures, national and international, to

secure their universal and effective recognition and observance, both among the people of Member States

themselves and among the people of territories under their jurisdiction.

The contempt for human rights has resulted in barbarous acts which have outraged the mankind, and the

advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear

and want has been proclaimed as the highest aspiration of the common people.

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Whereas it is essential, if man is not to be completed to have recourse as a last resort, to rebellion against

tyranny and oppression that human' rights should be protected by the rule of law.

THHowever, on 10 December 1948 an attempt was made to describe the individual rights under the

Universal Declaration of Human Rights which was adopted by the United Nations' General Assembly

through resolution 217 (iii). It has been fifty years since the Declaration of Human Rights was accepted as a

Common Standard of achievement for all people and all nations.

This Declaration indicates the first three stages of a programme designed to achieve an international Bill of

Rights, based upon universally binding obligations of States and reinforced by effective administrative

machinery. These three stages were-

1. A declaration defining the various human rights which ought to be respected.

2. A series of binding covenants on the part of the States to respect such rights is defined.

3. Measures and machinery for implementation.

The future developments at domestic and the international levels had been influenced. Over the years the

human rights have grown and a plethora of rights has come within its ambit. However there are some act

which remain in news almost every time. These are police inhuman acts, brutality and terrorism.

Terrorism -— Terrorism can be classified into two categories, i.e. (i) ideological terrorism and (ii) criminal

terrorism. The ideological terrorism can be political or religious or can be both whereas criminal terrorism

can be commercial terrorism, narco-terrorism and purely criminal terrorism. Thus commercial terrorism

intends to take commercial advantage. However, narco-terrorism is the way to sustain and establish

narcotic traffic. The mafias and terrorist organisations run parallel governments to support their terrorist

activities. These groups have extortion rackets. The people who indulge in such activities are called

terrorists. They do not have any concern or respect for human rights. In fact, they are just wild beasts

preying upon the civilized society. Though, the reality is known to them, many human rights groups criticize

the police action against the terrorists. Some of them have taken the human rights to such deplorable state

that renowned cartoonist Sudhir Dhar had drawn a cartoon exhibiting the police

man welcoming a terrorist with a garland, just to keep himself clean of being accused of violating any

human rights of the terrorists. Such a ridicules situation has lowered the morale of the police forces. Even

the paramilitary forces engaged in anti terrorist acts are disheartened.

It is true that the police force often exceeds its jurisdiction. Thus, the protection of human rights sometimes

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becomes their major violations. However, violation of human rights by the police takes place partly because

of the duty they have to perform and their manner of performance. Life and Liberty are the most

fundamental human rights which are widely protected by the Indian Constitution, but these are the main

casualties. No doubt there are numerous cases of death in police custody due to physical torture and

inhuman treatment by police. Now-a-days, falsely organised police encounters have become the tools to

eliminate criminals by murdering them, specially those whom the police regards as dangerous criminals

and whose prosecution and conviction according to law of the land is very difficult because of serious

handicaps in obtaining evidence against those criminals.

How to rectify such a lamentable situation? Firstly, there must be adequate improvement in the living

conditions of the police force which are not at all satisfactory. They have enormous workload and usually

they have to work 16 hours a day and seven days a week. Therefore, there is hardly any time for recovery or

recreation. In such situation it is highly impossible for the police to be civil and sensitive enough to respect

human rights. Unilateral condemnation of the police without analyzing their problems is not proper. The

functioning of police for protection of human rights is a complex problem and it has a complex solution.

Narco-terrorism is one such complex problem. To deal with it we need practicable strategy. Firstly, we have

to pin-point and inculcate in every policeman a sense of loyalty and sincerity towards protection of human

rights by imparting comprehensive education in human rights at every level. Secondly, we have to consider

actively the human rights of the police personnel too. Policemen are expected to perform better in a

conducive, flexible system, which provides them a positive encouragement and incentive for performing

their duties. If, we apply these remedial measures, the police brutality can be effectively checked. The law

abiding policemen would develop sensitive conscience for protection of human rights. Thus, it will assist us

in achieving the basic object that is standard protection of human rights for every individual everywhere

without any discrimination.

4. Protection of Human Rights

The establishment of an independent and impartial institution for protection of human rights in the States

was initiated by the UNESCO in the beginning of year 1946. The Secretariat in its memorandum called

“Supervision and Enforcement of Human Rights", 1947 had recommended for the establishment of such

an institution in every State. in 1966 the General Assembly by Resolution (2200 (C) XXIO dated 16

December 1966 adopted the proposal for establishing National Commission for protection of human rights

which should perform certain functions relating to the human rights.

In 1993 the World Conference realised the importance of an institution of human rights and appealed to

every government to promote and protect the human rights. The Conference also promised to provide all

assistance by the United Nations activities to the States which want to establish one National Commission

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of human rights aimed to protect and promote these rights. Specially, after adoption of the Vienna

Declaration and Programme of Actions many countries have established such institutions for protection of

human rights.

Human Rights Commissions In India--India is one of the most willing States showing keen interest in

establishing a National Commission for the promotion and protection of human rights. India in its draft

resolution has requested the Secretary General of the United Nations to submit a report to the General th

Assembly in two years' time with the view to implementing protection of human rights programmes. On 27

September 1993 the National Commission on Human Rights was established in India. Subsequently, A Bill

on Protection of Human Rights was introduced in the Lok Sabha which was passed and it became an Act th

after it received the assent of the President on 8 January 1994 which is called the Protection of Human

Rights Act. The object of this Act was to provide for the establishment of a National Human Rights

Commission at national level and the States Commissions in States and also Human Rights Courts for

effective protection of human rights. The National Commission for Protection of Human Rights has been

provided with powers and certain functions to deal with the human rights. Though the

National Human Rights Commission has its headquarters in New Delhi yet with the permission of the

Central Government it may establish in other places in India.

As laid down in Chapter III of the Protection of Human Rights Act, 1993 the Commission has been vested

with power to conduct investigation pertaining to human rights. Inquiry and investigation are the most

important function of the NHRC.

Since 1993 after enforcement of the Protection of Human Rights Act and creation of the NHRC, the

Commission has received more than 40,000 complaints of the human rights violations. These complaints

include custodial rape, custodial death, illegal detention, disappearance, police excesses, false

implication, indignity to women, Naxalite and terrorist acts etc. it is awful to mention that largest number of st

complaints was received from Uttar Pradesh followed by Bihar. However on 1 November 1993 the

Commission took suo motu notice of a firing incident by the Border Security Force on a gathering of people

at Bijbehana and issued notice to the Central Government seeking a report on the incident. The NHRC is

empowered to entertain all complaints listed in Regulation 8 of the Commission. The number of complaints

received by the Commission indicates that a large scale violations of human rights occurred in India. The

number also indicated that the people of India have developed awareness in respect of the human rights.

The performance of the NHRC invites criticism, because in the past, it has not been able to consider all the

complaints received by it in the same year. “Delay defeats justice” The prompt effective consideration is

required for better functioning of the NHRC. The NHRC is aware of this problem and, therefore, with a view

to speed-up the early disposal of the complaints of the human rights violations, the Regulations of the

NHRC were amended. Presently the NHRC itself is evolving the procedure for entertaining the complaints

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so as to expedite the disposal of the complaints. The State Authorities are required to abstain from

tendency of delaying responses and to cooperate with the NHRC by providing speedy responses to its

notices so that the complaints of human rights violations. can be disposed of at

the earliest.

The National Human Rights Commission during the year 1996-97 has investigated 1047 cases, whereas

296 were investigated by the NHRC's own wing and rest of 751 cases were investigated by other agencies

such as the State police. Since most of the complaints/cases are filed against the State police action and

therefore, there is every probability that the investigation done by the State police shall not be fair or

impartial. The outside agency such as State police is not expected to investigate the matters pertaining to

the human rights violations committed by their fellow police men and superiors. lt is, therefore, suggested

that it is necessary that the National Human Rights Commissions should have its own investigating wing to

make investigation impartial.

The National Human Rights Commission has submitted four reports to the Central Governments till the end

of March 1997. The NHRC in its report has recommended many measures for promotion and protection of

human rights. The Commission expressed its concern on improper functioning of non- governmental

organizations and also emphasized that the right to education be enforced if the nation is to prove its

seriousness in the efforts to end the child labour and to promote the human rights. The Commission should

have complete autonomy against interference.

To provide clarity of thought in respect of the protection of human rights the dialogue between policy

makers, the security forces and the human rights proponents should be established. The para-military

forces and Army should be directed with strict compliance to report directly to the NHRC in case of any

custodial death and also in case of custodial rape.

All India Radio and Doordarshan should increase their participations to bring required awareness among

people pertaining to the protection of human rights.

5. Judicial Activism In India

A Court is established for administering justice on the law made. There are two sources of law (1) the

legislature and (2) the Judge-made-law which is also called judicial interpretation of existing law/legislation.

Ilndian Constitution has recognised these sources of law making. Thus, Article 141 of the Indian

Constitution provides that the law as declared by the Apex Court of India establishes the law of the State.

The Judge- made-law is also called uncodified law.

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The making of law by Judges of the Supreme Court of lndia may be called judicial activism. Judicial Activism

means enhancing the applicability of the particular legislation for social betterment and also to bring

improvement in the concerned State machinery, whereas Judicial Passivism means ordinary judicial

interpretations of existing legislation by Judge without on attempt to enhance its social aspects and

benefits. Words “Judicial Activism" are not of an ancient origin but it-can be noted in various

decisions/judgments delivered by the Privy Council, the Federal Court and also by the Supreme Court of

India. Now the Judicial Activism is recognised by the Courts in India and also abroad. in India the term

“Judicial activism” was explained and recognised by the Supreme Court in Golaknath's case wherein the

Court laid down the judicial principle of prospective overruling, by giving wider, beneficial interpretation

of Article 13 of the Constitution. The Court said that Article 13 provides that any legislation which violates the

fundamental rights guaranteed under the Constitution of India would be void to the extent it violates the

mandate contained in Article 13.

The consequence of the above judicial pronouncement was that all legislations which were in force before

1950 and which violated the constitutional provisions became void from the date the Constitution was

enforced. It invited judicial discussion regarding legality and validity of the actions which were taken and

completed prior to the Indian Constitution under those legislations. The Apex Court enunciated the

“Doctrine of Prospective overruling” and also widened the scope of it. The Court in Golaknath's case has

held that legislation which is void by reason of its applicability i.e., Article 13 of the Constitution will stand

overruled prospectively. Such judicial explanation was necessary to check actions taken under those

legislations prior to the enforcement of the Indian Constitution being declared illegal retrospectively.

On this aspect the Supreme Court observed that “between 1950 and "1967 the Legislatives of various

States made laws bringing about an agrarian revolution in our country-zamindaries, inams and other

vested rights were created in tenants. All these were done on the basis of the correctness of the decisions in

Shankar Prasad's case, namely, that Parliament had the power to amend the fundamental rights and

outside judicial scrutiny on the ground that they impinged the said rights.”

The Supreme Court has made distinction between the Constitution and statutes and said that the

Constitution is paramount and it is an organic statute which grows by its inherent force. The Court observed

that it is essential function of the Court to interpret the constitutional provisions with a view to match the

changing concept and the requirement of the society as to expanding needs without violating the

language.

The Supreme Court has explained the necessity of the doctrine of prospective overruling. The Court

observed that “it is a modern doctrine suitable for a fast moving society. it does not do away with the doctrine

of “stare decisis”, but confines it to past transactions. It is true that in one sense the court only declares the

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law, either customary or statutory or personal law. While in strict theory it may be said that the doctrine

involves making of law what the court really does it to declare the law but refuses to give retrospectively to

it”. lt is discretionary power of the court to prescribe limit of retrospectively. In this regard the Supreme Court

laid down the following propositions-

1. The doctrine of prospective overruling can be invoked only in matters arising under Indian

Constitution.

2. This doctrine can by applied by the highest court of the country i.e., the Supreme Court

which has constitutional jurisdiction to declare law binding on all the courts in India.

3. Under the Constitution the Supreme Court may supersede its earlier decisions.

In Kesvananada Bharati v. State of Kerala 13 judges of the Supreme Court assembled to consider the

correctness and validity of the judgment in Golak Nath's case. By majority view the Supreme Court

overruled the judgment in Golak Nath's case. The Court held that Article 368 of the Constitution of India

does not empower the Parliament to amend the Constitution. The application of the doctrine of prospective

overruling was not considered. The Court further held that the basic structure of the Constitution cannot be

amended by invoking Article 368 of the Constitution by the Parliament. imposing limitations on the power of

the Parliament to amend the Constitution is a fantastic “judicial activism” and the Supreme Court exercised

its judicial activism. This judgment of the Supreme Court was contrary to the judgment in Golaknath's case

that there are no limits on the power of amendment under Article 368. Thus it shows that the Apex Court has

dealt the matter in Judicial Activism. The judgment in Golaknath's case and also

the judgment in Keshvanancla Bharati's case will thus show that Judicial Activism has its own extent and

limit which should be exercised in the matter in interpretation of the constitutional law and to an extent over

statutory law. it should be exercised for the purpose of bene?cial application of that law to fulfill the need of

rapid changing society of our country. The Apex Court in Keshvanancla Bharati's case has said that every

provision of constitutional law can be amended provided its result does not change the basic structure of

the Constitution. According to the Apex Court basic structure may contain the following elements—

1. Supremacy of the Constitution.

2. Republic and democratic status of the Government.

3. Secular Constitution.

4. Divisions of powers between Legislature, Executive and Judiciary.

5. Federal Constitution.

However, there is another example of Judicial Activism. The judgment of the Apex Court in Minerva Mills

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Ltd. v. Union of India, lays down that in cases of public importance and also in extreme urgency, it may be

necessary for quasi judicial authority or the executives to make immediate Order to meet the exigencies

and thus making application of maxims audi alterm parten impracticable. The Court held that such order

would be valid and proper if followed by a post order hearing or post decision hearing. Thus, decision can be

given before hearing; however, it is necessary to hold post hearing after decision is rendered. Similar

directions were issued by the Apex Court in Satish Sharma and Sheela Kaul's cases. In these cases the

Apex Court has rendered decision without trial and without giving them any sufficient opportunity to defend

themselves and penalised them with fines of Rs. 60 lacs and Rs. 59 lacs respectively. However, we find no

constitutional provision to impose fine in such manner. The Constitution of India does not empower the

Supreme Court of India to exercise the power in such a manner. There is no machinery to recover this

financial penalty if eventually such person fails to pay. ln fact, such persons have been deprived of

statutorily prescribed procedure of regular trial by a Session Court, appeal to the High Court if convicted by

the Session Court and finally making appeal to the Supreme Court. Thus, Judicial Activism cannot be

exercised to destroy the statutory rights existing in persons under the Constitution of India and under

statutes framed by the Parliament of India. It may amount to misuse of Judicial Activism.

In reference to Article 142, the Constitution of India provides power for issuing of such directions/ penalties.

In fact there is no such power provided under the said Article. However, it gives power to the Supreme Court

of India to make sure that its orders in litigations which arise before it in its jurisdiction prescribed by the

Constitution of India are validly executed. Article 32 of the Constitution which deals with original jurisdiction

of the Supreme Court does not empower it to issue such directions. Under Article 142 of the Constitution,

the Supreme Court in exercise of its jurisdiction may pass such decree or make such orders as is necessary

for doing complete justice in any cause or matter pending before it. Neither it is desirable nor advisable for

the Supreme Court to issue direction on day today basis as it is being done in Fodder Scam and in Hawala

Scam. It is required that the Judicial Activism should be sued for beneficial and for limited purpose. The

Judicial Activism should be brought into play for giving beneficial interpretation to the constitutional

provisions as welt as to statutory provisions.

One of the most controversial judgments of the Supreme Court involving Judicial Activism is given in the

case of A.D.M. Jabalpur vs Shukla. It was observed that Article 21 of the Constitution provided that “no

person shall be deprived of his life or personal liberty except according to procedure established by law”,

but during emergency as was existing between 1975 and 1977 a procedure was established by law

following which even human life could be taken away. it was considered to be pro Government decision.

Similarly, in Maneka Gandhi v. Union of India the Supreme Court has enhanced the right of personal liberty

and personal freedom and given broader interpretation of personal rights and fundamental rights.

The directions issued by the Supreme Court in Hawala case and virtually a Bench of the Supreme Court

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took over as an investigating Agency whereas Part IV of Chapter IV of the Constitution of India does not

empower the Supreme Court of lndia or any of its judges to issue such direction. Thus the directions issued

in Hawala case cannot be said to be directions issued under Article 142 of the Constitution. Therefore, in

V.C. Mishra's case Chairman of the Bar Coucil of India was punished for the contempt of the court by the

Supreme Court. The punishment was imposed by the Supreme Court on an application made by the

Supreme Court Bar Association in this regard. The Supreme Court Bar Association has argued that in order

to do complete justice under Article 142 of the Constitution the Highest Court of the Country can lay down

and create jurisdiction in this aspect. However, in the same case the Solicitor General argued that Article

142 of the Constitution neither creates jurisdiction nor punishment which is not permitted by law. The

Supreme Court has accepted this contention and has rightly said that the Supreme Court taking over the

powers of other statutory body like the Bar Council of lndia, is not permissible and there are limitations in

this regard which should not be ignored. Such Judicial Activism would make other statutory organs dummy.

6. Discrimination Against Women

In the past 50 years of our independence, development planning for women has come up as welfare,

development, equity, efficiency and empowerment. The welfare of women has been transformed in to the

empowerment of women. The Government first saw women as a “handicapped” class and as appropriate

recipients of welfare doles. Presently, the State has accepted women's empowerment, women as active

agents, taking part and guiding their own development.

Undoubtedly, India is the largest democracy in the modern world which has been consistently

experimenting with a number of forms and modes of organizations and structure to achieve women's

equality. The State is continuously making efforts to bring effective changes and it is assigned with the

responsibility of ensuring the fundamental right to equality of sex as to abolish discrimination against

women on the basis of sex as provided under Articles 14 and 15 of the Constitution of India.

The replacement of institutional structures and their modifications and also their organic growth have given

importance to develop new concept on women's issues.

It is true that women's demand for greater respect and enhanced rights is part of a wider democratic

movement. Even those Women's organizations which are related to any political party do feel the need for

cooperation of political patties on certain issues. Such organizations must be aware that millions of women

are deprived of their fundamental rights and also ill treated. They must, therefore, never subordinate their

struggle to the expediency of political parties. A women's organization that allows itself to become a puppet

in the hands of political parties, not only loses credibility and effectiveness but also disappoints the women.

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Therefore, to break the barricades, a war against women's ignorance is necessary. It is desirable for every

State to establish a women's development corporation to promote enlightenment and employment

schemes for women belonging to the weaker sections of society. The women entrepreneurship should be

developed, encouraged and promoted in every sphere, specifically for women belonging to the weaker

sections of the society. The women entrepreneurs should be identified and progressive programmes with

technical consultancy may be made available. The Government should extend a helping hand to the social

organisations involved in the task of women's emancipation and uplift these social organizations. it should

lay greater emphasis on developing consciousness" among the people to treat women at par in every

sphere. The Government should set-up independent agencies to monitor and evaluate the progress made

in the direction of enhancing social status of women in every walk of life. Sexual exploitation of women at

places of employment, cruelties against them, including dowry

deaths, should become things of the past in the new concept of our social life.

The development of women's resources and its effective management are of paramount importance over

all other developments of women. Lack of education and economic dependency are the main hurdles in the

women's development, particularly as far as rural women are concerned.

Although the trends of modernization and westernization have changed the status of women and spelt

liberation for the average Indian women. Real upliftment of women in our country can be attained if suitable

laws are incorporated and enforced. The relevant laws must be enforced with the aim to bring attitudinal

change in society.

In this context, the national plan for the period 1988-2000 has made provisions to ensure that women “catch

up with the mainstream” of national life. Special legislation for women should be passed to strengthen the

needs where existing policies and programmes do not serve special needs of women, they ought to be re-

incorporated or amended. Where the benefits of these programmes do not reach out to urban and rural

women, special laws be made to increase effectiveness.

Now, the time has arrived for reviewing and amending all existing statutes and procedures which

discriminate against women. A woman's Commission for women's rights be appointed to follow and monitor

enforcement of legislation in this regard. It is necessary to yield expected results in this field. Our past

experiences have shown that despite national efforts for development of women and abolition of

discrimination against them could not reach all sections of society, particularly women who form the single

largest group of discriminated women.

Our conservative traditional attitude obstructs a proper appreciation of the beneficial role of women in the

economic world. This traditional view not only glosses over the unequal deal women get but finds nothing

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wrong with the arrangement. The origin of discrimination and exploitation of women can be traced to the

inexplicable attitude of social apathy. Although, Constitution of India provides for equality between the

sexes with special protection for women and children, Indians in their family life have been governed by

personal and religious laws which fail to give women their due. These laws have relegated Indian women to

an inferior legal as well as social status.

It is true that despite the statutory rights enjoyed by women, discrimination against them is still prevalent.

Article 51-A(E) of the Indian Constitution which deals with people denigrating women, no matter how

exalted a position they hold, has seldom been invoked against violations. Discrimination against women is

an ancient practice and it is woman's long term fight against the hardened attitude of society which needs a

serious assessment of issues like those concerning women.

Therefore, while calling social support and providing immense employment opportunities to women, our

country proposes to establish a National Resource Centre for women so that it may play a vital role for

gender issues. In fact the Indian social life requires up gradation with efforts of sensitization, training and

evaluation for greater empowerment of women.

7. Judicial Response to Environmental Pollution

Even before the incorporation of the Environment Pollution Act, 1986 the Indian Courts have shown their

concern. Way back in 1980 the Supreme Court of India in Ratlam Municipality v. Vardich and the Court held

unpolluted environment must be assured and no financial constraints should come in its way whatsoever.

The Court said that the public nuisance because of pollutants is a challenge to the social justice and is a

component of the rule of law. Environment pollution is a violation of human rights. In another case T.

Damodar Rao & others v. The Special Officer, Municipal Corporation, Hyderabad the Andhra Pradesh High

Court observed that—“Protection of environment is not only the duty of the citizens but is also the obligation

of the State and all other State organs including the Court". In that extent environmental law has succeeded

in unshackling man's right to life and personal liberty from the clutches of common law theory of individual

ownership.

A remarkable increase in environmental litigations in Indian Courts and anxiety of the Court in finding out

effective remedies for environmental problems are notable. Even at international level adequate

environment for health and well-being of human beings is recognised as a fundamental right of every

person. In this context such development at international level, the judicial response, rather judicial

activism, in India is particularly noteworthy. The Code of Criminal Procedure, 1973, under Section 113

empowers the Executive Magistrate to make an order for removing nuisance that occurs in a public place,

or way or that is caused by a trade or occupation injurious to the health or physical comfort of the

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community. The Executive Magistrate may take action on receiving the report of police officer, another

information and on taking such evidence as he thinks fit. The action against public nuisance has been

evolved by the Courts as an important instrument of environmental protection at the gross root level. The

Courts are to exercise their power under the various acts in different situations such as removing of

nuisance created by the oven of a bakery, a factory boiler causing noise, air pollution in a residential locality

and to even pass direction to a local self government to construct drainage and public lavatories.

In a landmark judgment the Supreme Court in Municipal Council, Ratlam v. Vardichand tried to find in the

law of public nuisance a social justice saying it is a part of rule of law. According to the Supreme Court, the

law operated against statutory bodies and others regardless of the cash in their coffers because human

rights are to be protected/respected by the State regardless of budgetary provisions. It means the plea of

financial inability is not acceptable to the Court. It indicates that statutory bodies and the self- Governing

bodies are duty bound to provide the basic amenities to the people and they cannot shirk if the local self

governing bodies are justifying their constitution.

Lacunae in Law and Judicial Response--in our Country there is statutory enforcement to have an

environmental assessment with people's participation while a development plan/programme is being

chalked out and approved. However, such environmental assessment is made by the concerned agencies

within the Government. This functioning caused impact upon the judicial response in matters pertaining to

environmental problems. in earlier days the Indian Courts were not wilting to interfere in the administrative

domain of pursuing the environmental impact of a project. The “Silen Valley case' is a classic example in

this respect where it was alleged that the proposed hydel project, if implemented, it would cause adverse

climatic condition in the region and also ecological imbalance in surroundings. The Kerala High Court was

reluctant to interfere, holding that the Court believed in the Governmental stand that it was exclusively the

subject matter of the Government. But after sometime by enhancing jurisdiction and setting up of Socio-

iegal Commission the Courts have evolved the indigenous judicial approach in environmental decision

making. On receipt of adverse report from the Socio-Legal Commission in one case the Apex Court

cancelled the mining lease and in another case the Court cancelled the exploration in oil field. These judicial

responses received accolades from the World of jurists. It has evidenced the creative role of the Courts

which thus fill-up the statutory gaps. The Indian Courts have developed an open environmental

assessment approach.

An analysis of the decisions given by the Indian Courts reveals that the Courts have shown interest and

positive tendencies to sort out environmental problems, not solely relying on the Governmental version. In

many instances, the Courts appointed Commissions comprising experts when they smell something wrong

in Governmental projects, to find out the true nature of environmental problems. Even the Courts sought

opinion of statutory Environmental agencies as to pass proper directions to the State. In Sachidanand

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Pandey v. State of West Bengal, the Supreme Court on basis of reports submitted, has held that the grant of

lease of the land for hotel was bona fide and not vitiated by any irrelevant or extraneous considerations. In

this case a five star hotel was proposed in a part of land apart from a Zoological garden. It was challenged

on the ground that the construction of hotel would caused adverse consequences disturbing the migrant

birds visiting that region. This approach of the Court shows the judicial craftsmanship by balancing the

values of development and the value of environment. Similarly, in M.C. Mehta v. Union of India case the

Supreme Court permitted to re-start a caustic chlorine plant alleged to have caused environmental

pollution. The Court has laid down strict conditions of operation and observed -

“When science and technology are increasingly employed in production of goods and services with the

object to improve the standard and quality of life, there are certain elements of hazard and risk inherent in

the very use of science and technology and it is not possible to totally remove such hazard or risk altogether.

We cannot possibly adopt a policy of not having any chemical or other hazardous industries merely

because they pose hazard or risk to the Community. If such a policy is adopted, it would mean the end of all

progress and development”.

It means in environmental litigation the Courts have to evaluate the balancing technique between the

development and environmental risk. A unilateral jurisdictional approach is not advisable or desirable.

Thus, in environmental questions the Courts do not go wild or overact but do act in balancing manner and

rely their judgments on relevant reports and objectives. The Courts have to be cautious while dealing with

environmental problems and are expected to do social justice

ndArticle 48-A added by the 42 Constitutional Amendment Act, 1976 requires the State to take steps to

protect and improve the environment and to safeguard the forests and the wild life of the Country. The Apex

Court in M.C. Mehta (II) v. Union of India relying on Article 48-A gave directions to the Central Government

and the State Governments and various local bodies and Boards under the various statutes to take

appropriate steps for the prevention and control of pollution of water.

In M.C. Mehta's case the Apex Court ordered the shifting of 168 hazardous industries operating in Delhi,

causing danger to the ecology, to new places as provided in the Master Plan for Delhi and directed them to

close their industries with effect from 30-11-1996.

Now, we can state that undoubtedly the Indian Courts have shown positive judicial response to resolve

environmental problems without restricting the developmental industrial growth. However, certain amount

of environmental risk is inevitable in view of industrial and economic initiatives in a fast developing country

like India. The social and environmental limits should not be exceeded.

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8. Environment and Public interest Litigation

In recent past the Supreme Court of India has entertained several public interest petitions relating to the

environmental problems. The Court has to deal with multi-faceted environmental cases. Industrialization

and disposal of its effluents, deterioration of land due to excessive utilization, deflation, in matters of

salitation and pollution of river Ganga Water etc. These environmental problems were dealt by the

Supreme Court in the public interest litigation writs filed by the environment aware citizens or by Non-

Governmental Environmental agencies.

The Supreme Court by exercising its original jurisdiction has to pass appropriate directions to the

Government and to concerned authorities.

In the field of water pollution, Mr. M.C. Mehta, an advocate by profession, brought the Ganga Water

pollution case through public interest litigation and he brought to the notice of the Apex Court that near

Kanpur tanneries' effluents are being disposed in river Ganga causing considerable damage to the life of

the people and to the aquatic life of the river. lt was stated in the petition that effluent discharge from the

tanneries were ten time more noxious than the urban sewerage water. The Supreme Court directed the

tanneries to set-up primary treatment plants within period of six months. The Court also passed direction to

the Kanpur Nagar Nigam not to issue new licenses for establishing tanneries unless proper provisions were

made for disposal of effluents.

Another public interest litigation related to “land environment” which was disturbed by deterioration of zand,

deflation and excessive utilization of land in question. This case is popularly known as Doon Valley case. In

this matter ecological imbalance was caused by human act. A public interest litigation was filed before the

Supreme Court by the Rural Litigation and Entitlement kendra, Dehradoon and a group of Citizens. it was

alleged that cutting of trees and extracting more and more lime stone from the valley were damaging the

natural structure of the region. It caused landslides, obstructed the underground water channels and

consequently resulted in drying of many subsidiary rivers in the valley. The Supreme Court appointed

Bhargava Committee to enquire the matter and submit its report to the Court. The Court on the basis of

report ordered that quarries falling under C category which were located within the city limits would not be

cleared until the decision on another Committee appointed by the Supreme

Court was delivered. The quarries falling outside the city limits of Mussoorie were permitted to be cleared

provided the provisions of rules and statutes were complied with. The Supreme Court said that closing of

mines was a price that had to be paid for protection of the right of the citizens and for maintaining ecological

balance.

Whether PlL is used as an instrument of Environmental Protection?

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In India the tendencies to file public interest litigations for environmental protection have emerged as an

instrument. These public interest litigations have been initiated by spirited citizens or social groups having

concern for environmental protection. initially, Section 91 of the Code of Criminal Procedure, 1973 was

invoked to take action against the public nuisance. However, under said section the Court could not find

effective remedy to the environmental problem. Subsequently, the Courts found Section 133 of the Code of

Criminal Procedure, 1973 as an effective weapon to deal with environment problem. Under this Section, a

single resident or a group of residents in a locality is entitled to file an application in respect of the

environment abuse. Under Section 133 of the Code of Criminal Procedure the District Magistrate is

empowered to take action after appraising himself of the facts of the matter either on police report or on

receipt of any other information.

The lndian Courts have shown positive judicial willingness to sort-out the reported environmental

problems. The Nagar Nigam, Municipalities and factories were directed to ensure that adequate

environmental measures were adopted.

The public interest litigation relating to the environmental protection has considerably increased in recent

time. These public interest petitions were filed before the Supreme Court and the High Courts by invoking

its original jurisdiction under Article 32 and Article 226 of the Indian Constitution respectively. M.C. Mehta's,

case and Doon Valley case entertained by the Supreme Court show that the traditional rule of locus standi

did not stand in the way in cases of environmental protection and the Court has passed direction to the

Government for taking environmental protection measures in the interest of the general public. The High

Courts too took initiative in this regard. The High Courts invoked their jurisdiction under Article 226 of the

Constitution and delivered important judgments which contributed to the development of public interest

litigation in environmental cases. The Andhra Pradesh High Court provided relief to the

citizens of a particular locality when its residents suffered by exits of pungent smell from a bone factory

which made their living miserable ref. Dr. N.S. Subba Rao v. Govt. of A.P. In another case the Rajasthan

High Court allowed a public interest petition of the citizens of Jaipur for the preservation of sanitation in the

Pink City L.K. Koolwal v. State of Rajasthan, AIR 1968 Raj 2. Also in Kinkri Devi v. State of Himachal

Pradesh the Himachal Pradesh High Court passed direction for closure of mining activities causing danger

to environmental protection.

Encouraging the public interest litigation and rejecting the traditional individualistic concept of common law

the Indian Parliament has passed and enacted the Environment Protection Act, 1986 with the object to

protect and improve our environment and maintain ecological balance. Under the said Act, the powers are

widely vested in all those who are ordinarily categorized as not aggrieved persons to take environmental

matters to the Courts. The Environment Protection Act, 1986 is a harmonious enactment with our

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Constitutional goals-which mandate imposes liability on the State to protect environment and safeguard

the forest and wild life of our country (Article 48-A); however Article 51-A (l) of the Constitution imposes a

fundamental duty on the citizens of India to protect and improve the natural environment. Thus, India

became the first country to provide Constitutional protection to the environment. In fact, it was based on the

principle of the Stockholm Conference of 1972. It is, therefore, the duty of every citizen to protect and

improve the natural environment including lakes, rivers, forests and wild life and to have compassion for

living creatures. (Article 51-A (l).

However, public interest litigation relating to the environmental problem cannot yield positive results

unilaterally in favour of the petitioners because the Courts have to act in most balancing manner between

development and environmental issue. The Supreme Court in M.C. Mehta v. Union of India and Shri Ram

Food and Fertilizer industries v. Union of India has held that it was not possible to adopt a policy of not

having any chemical or other hazardous industries merely because they pose a risk to the community. The

Court said if such a policy was adopted it would mean the end of all progress and development. Such

industries are essential to economic development and advancement of standard of human beings. The

Court may however lay down stringent conditions to be followed by such industries causing minimum risk to

the people. In another PIL filed by the petitioner, M.C. Mehta v. Union of India, the Supreme Court observed

that the effluents discharged from the tanneries situated near Kanpur city were ten times noxious when

compared with the domestic sewage system water which flows into river Ganga from any city on its banks.

The Supreme Court further observed that the financial capacity of the

tanneries is irrelevant white complying with the requirement to establish the primary treatment plant.

Tannery, which could not set-up the primary treatment plant, cannot be allowed to continue for the reason of

adverse effect on public at iarge. ln the same case the Court discussed various provisions under the

Environment Protection Act, 1986. However, the Supreme Court came to the conclusion that not much had

been done even under the Environment Protection Act, 1986 by the Central Government to stop such a

serious pubiic nuisance caused by the tanneries situated at the bank of Jajmau (Kanpur).

In a subsequent petition ?led by Mr. MC. Mehta for preventing the public nuisance caused by the pollution of

river Ganga water, the Supreme Court referred to Section 17 of the Environment Protection Act, 1986 which

provides that where an offence under the Act is committed by any Government Department, the Head of

Department shall be deemed to be guilty and he shall be liable to be punished. Finally, the Supreme Court

observed that although Parliament and State Legislatures had enacted many laws imposing duties on the

Central Pollution Control Board and the State Pollution Control Boards and the Municipalities for prevention

and Control of pollution of water, many of those provisions had just remained on paper without any proper

action being taken pursuant thereto. On account of failure of authorities to comply with the statutory duties

for many years, the water of Ganga river at Kanpur city has become so polluted that it is neither fit for

consumption nor for bathing purpose. Consequently, the Nagar Mahapalika of Kanpur has to own entire

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responsibility of the river being polluted.

However, so called Environmental protectors cannot be allowed to abuse the process of Court. Where

there is no violation of the statutory provisions, a public interest litigation cannot succeed because of enmity

and animosity. In case of Chhetnya Pardushan Mukti Sangharsh Samiti v. State of U.P. a public interest

litigation was filed before the Supreme Court and it was alleged that the smoke and off from running of mills

and plants in area were causing environmental pollution, whereas the own these mills and plants were

found to be complying with necessary statutory provision. The Court had held that such application was

without any merit or principles involving public interest and public protection.

Environment protection is an anxiety of everyone and all human beings dependent on nature for existence

of life. The protection of environment is a common subject of concern for all of us. Article 48-A of our

Constitution provides that the State shall endeavour to protect and improve the environment and to

safeguard the forest and wild life of the country. Article 51-A of the Constitution imposes fundamental duties

on every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life

and to have compassion for living creatures.

It has been seen that many cases of public interest litigation for cause of environmental protection from

pollution have been initiated by the public spirited persons or institutions. In other words, it is the action

litigation initiated by the public spirited citizens or organisations having concern for environmental

protection from pollution like pollution of Ganga water at Kanpur, Doon Valley case and lime stone of the

Mussorie Hills etc. According to the Supreme Court under the Environmental Protection Act, 1986 not much

has been done by the Central Government to stop the pollution of the environment by the Environment

Protection Act, 1986.

Thus placing much reliance on the Environmental Departments or the Central Boards on Environment or

the State Boards on Environment is not going to protect the environment from pollution. In fact,

governmental agencies are functioning simply as “Environment Pollution Licensing Authorities or Notice

Issuing Authorities”. Thus, it becomes the duty of every citizen to protect the environment from pollution by

way of public interest litigation or by any other means. It is the duty of every citizen make complaint against

the pollution of atmosphere as Section 19 (B) of the Environment Protection Act, 1986 provides for “any

person who has given notice of not less than 60 days, in the manner prescribed, of the alleged offence and

of his intention to make a complaint, to the Central Government or the authority or officer authorised in this

regard”.

9. Need for Election Law Reforms in India

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In India for the last sixty years there has been a cherished and strong commitment to peaceful ways of

safeguarding the elections and the right of franchise by people; it is a vigorous political existence after th

independence with effect from the mid-night of 14-15 August 1947. On 26 January 1950 we declared

ourselves a Sovereign Democratic Republic and on that day our lengthiest written Constitution which the th st

Constituent Assembly prepared and passed on the 11 November 1949 came into force. The 1 General

Elections were held in 1952 for the Constituent Assembly which converted itself into the Central Legislative

Assembly and transacted legislative business.

We have so far witnessed 13 General Election to the Lok Sabha (House of the People) and innumerable

Elections to the Legislative Assemblies of various States.

stBefore the 1 General Elections which were held in 1952, our elections were held with the participation of

our people on the basis of limited and restricted electorate in constituencies based on communal lines.

According to Constitution of India, elections are to be held on the basis of universal adult suffrage (Now

adult age has been fixed as 18 years by the Constitution) irrespective of one's religion, race, cast or sex.

Now the Communal Constituencies are abolished and women also got the voting right (vide Articles 3 to 5, 3

to 6 of constitution). While framing our “democracy” we followed the provisions of Article 21 of United

Nations Organizations on Universal Declaration of Human Rights.

The Evils of our present electoral system can be classified into 4 M's

1. Money power.

2. Muscle power.

3. Ministerial power.

4. Media power.

1. Money Power — Election Expenses

There were two Amendments by Parliamentary Acts No. 27 of 1956 and Act No. 58 of 1974. By the 195

Legislative Amendment-

1. The period of Accounting was restricted between the date of Notification and the date of

election as against any Election expenses incurred or authorised for the management and in

connection with the election of a candidate, that is, before, during and after the election were required to

be accounted,

2. Solemn oath or affirmation by the candidate and his election agent along with the election expenses

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account was dispensed with.

3. The form prescribed for the maintenance of account was dispensed with, with the result that for the

submission of Election expenses account, no formal form is now used. By the 1974 amendments, (1)

The period was still reduced as one between the date of the nomination of a candidate and the date of

declaration of the result. (2) an Explanation was added to Section 77(1) and the candidates need not

furnish account for Election expenses incurred or authorised by others in connection with election of the

candidate including the party which has set him up. (3) any judgment rendered under the old law in this

respect was set aside and (4) The Constitution was also amended to constitute a separate and special

tribunal for dealing with the elections of VlPs like Prime Minister. The Constitution Bench of the

Supreme Court, though upheld these amendments, yet struck-down one amendment relating to

shutting down judicial review in such matters. Dring the Janta Government regime, the provisions in

Article 329-A relating to Constitution of a special tribunal to entertain election petition against VlP's was th

abolished by the Constitution 44 Amendment Act, 1978 but no amendment to Section 77 of 1974 to

remove the contrary was taken care of. The “holding out” theory was also restricted in its applicability by

incorporating amendment to Section 79 (B) of the Representation of People Act, 1951. The

amendments made in 1974-1975 were aberrations of Emergency and they made law relating to

election expenses nugatory in nature. It is notable that till 1956 we followed the U.K. pattern. Therefore,

the amendments made in 1956 should be deleted. Although, the amendment made in 1974-75 may

also be deleted.

The Apex Court in Kanwal Lal Gupta v. Amarnath Chawla—held that any party expenditure incurred or

authorised to be incurred particularly in its candidate's constituency and not an expenditure of the party of a

general nature, in which the candidate acquiesces by his presence, would have to be added to the

expenses of the candidate.

The decision of the Apex Court in Smt. Indira's appeal after the amendments to Section 77 and even the

judicial review taken away by amending law was struck-down by the Constitutional Bench of the Supreme

Court. The Supreme Court in Dr. P. Nalla Thampy v. Union of India - held that the candidate cannot be

allowed to place his own funds in the possession of a political party or a trade Union or some other person

and then plead for the protection of Explanation 1 to Section 77. What matters for the purpose of

explanation 1 is not whose hands spend the money, but the essence of the matter is whose money it is.

State Funding-In our Country provision for State funding/assistance should be made, not in cash but in

kind only to recognised political parties candidate with the condition that if any other candidate is elected, he

could be reimbursed at fixed rate. However, if this provision is extended to all candidates, it would become

impracticable. In case it is allowed in cash, it may be misused. The State Funding in kind is advisable only

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with the view to attracting more honest and morally strong contestants who are now otherwise discouraged

from contesting elections.

Regulation for the Functioning of the Political Parties - To enjoy the benefit of State Funding the

functioning of all political parties should be regulated by making relevant rules. The majority of political

parties now function only on ad-hoc basis.

ltis ridiculous to see that they express their faith in democracy but hardly follow it in their internal

functioning. They should be enforced by their own written Constitution and follow its provisions faithfully.

Their accounts should be open to inspection and audited by an auditor appointed by the Election

Commission. Annually, they should submit their audited accounts to the Election Commission. The party

which is not following these provisions should lose recognition or registration under the law. The newly

inserted Section 20-A of the R.P. Act, 1951 which makes registration of parties is defective. At present, there

are more than 300 registered parties excluding a very large member of recognised parties; ultimately it

leads to confusion in the politics it is suggested that some rules be made to impose restriction on political

parties by effective and suitable amendment to law.

Our present Election Law should be amended on the lines of the provisions in election law of U.S.A. that

every income tax payer above certain level in the case of election to Lok Sabha and every Sales Tax payer

in the case of election to State Assembly should be set apart and should be compelled to show in his tax

return certain amounts. This fund after deduction should be managed by the Election Commission and all

expenses of the political parties should be realised from this head. This is called State Funding. The amount

needed for one round of Lok Sabha election is approximate 12,000 crores. This can be reduced by

introduction of electronic voting machine and multipurpose photo identity card, which has been done.

These provisions have following advantages-

a) fast voting

b) detailed counting of ballot papers in few minutes as against the lengthy process adopted presently

c) considerable reduction of polling personnel

d) EVM's are portable, can be fitted in vehicles.

e) the evil of booth capturing can be prevented effectively

f) providing two or three T.V. Channels exclusively for the political parties for electioneering purpose.

Para 7 of the present moral Code could be brought in ambit of election laws, thus ministerial power could be

eliminated to a large extent.

Corrupt Practices in Election —The following acts amount to “corrupt practices” in elections—

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1. illegal gratification and bribery

2. undue influence

3. preferring appeal on the grounds of sex, race, religion, caste, community, religious symbols

4. inciting the feeling of hatred among people

5. making of false statement

6. attack on personal character of rival candidates

7. incurring or authorising election expenses contrary to the provision of Section 77 of the R.P. Act,

8. 1951

9. booth capturing etc.

Apart from this, Section 100 of the R.P. Act, 1951 provides grounds for declaring election void—i.e. (A)

Disqualification of elected candidate (B) Improper rejection of nomination paper by returning officer (C)

improper acceptance of nomination (D) by any other non-compliance with the provisions of the

Representation of People's Act, 1951 or the Constitution of India, 1950 or any rules or orders made under

that Act.

Article 329 (B) of the Constitution and Section 80 of the RP. Act, 1951 impose prohibition to challenge made

otherwise than by an election petition generally after 45 days of the poll. Article 329 (a) provides that any

delimitation order cannot be challenged in Courts.

Chapter XV of the Constitution containing Articles 324 to 329 provides a complete Code regarding

elections. These provisions are supplemented by the provisions contained in the Representation of

People's Act, 1950 and 1951 and other rules and regulations in respect of elections. Every candidate will

have to take an oath or make an affirmation swearing his true faith and allegiance to the Constitution of India

and to uphold the sovereignty and integrity of India. Though, a candidate is permitted to file his nominations

from more than one Constituency, he is required to take an oath or make an affirmation only once. The

Supreme Court in Pashupati Nath v. l-larihar Pd. Singh has {aid down and affirmed the above concept. The

functions of Returning Officer were held to be quasi-judicial in nature and any challenge to his decision

could be made only by way of an election petition.

thAnti-Detection Law — This provision is contained in 10 Schedule of the Constitution. The object of this

provision is laudable but in practice it has been misused because of misinterpretation by various Speakers

of Assemblies who have been final arbiters to exercise and decide while applying Anti-Defection law. A

number of cases have been ?led before the Courts for final decision. The law requires that any independent

body or the Election Commission should deal with all types of defections. Whether it be of an individual

member or a group of members less than 1/3 or 1/3 members or more claiming to have split the concerned

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party or 2/3 members claiming merger of parties or an independent member, should subject themselves to

the same treatment, that is, his losing the membership of the house concerned. Any such member should

never hold any post of a Minister or any other post qua a member.

rd thPanchayat Raj System — By 73 Constitutional Amendment Act,. 1992 and 74 Constitutional

Amendment Act, 1992, the three tier Panchayati Raj System and Municipalities were introduced. These

new legislations may be helpful in decentralization of power at root levels. However, success of these

measures has become a day dream because of malfunctioning of Governmental machinery and improper

implementation of new provisions. Thoughtless reservation policy in respect of candidature in elections is

proving to be a curse to progressive minded people. We badly need public support in letter and spirit to

achieve Mahatma Gandhi's dream.

Legislative Amendment to Election Law —The Parliament has passed the Second Amendment Bill to

the Representation of People Act which has received assent by the President of India. Now, the Present

R.P. Act contains provision relating to substantial increase in security deposits for all candidates and also

increases the number of proposers to 10 from one in the case of candidates not set up by recognised

parties. Certain other provisions like a ban on one person contesting from more than two constituencies are

really wholesome. However, one of the provisions relating to increase of proposers to 10 would create

problems for the Returning Officers concerned.

It has been seen that attempts made to reform the Election Laws are laudable but still it requires major

overhauling with the view to prevent entrance of criminals into Parliament and corrupt practices designed

and adopted by so called candidates during the elections.

10. Effectiveness of Anti Dowry Legislation

Even after independence, India has not achieved much social progress. The old traditions of dowry are still

prevailing despite specific legislation to eliminate it from the society in purview of progressive society the

dowry is considered a social evil, however only in word but not in practice. Consequently, every day news of

dowry deaths or dowry related shameful incidents have become part of our life. Though the Anti Dowry Bill

has been legislated, yet it is far from being implemented effectively and properly.

Our Parliament enacted the Dowry Prohibition Act, 1961. The Act prohibited the giving or taking of dowry.

But in spite of this enactment the evil of practice is still continuing in societies. The Joint Committee of

Parliament appointed to examine the working of the Dowry Prohibition Act remarked 'the evil sought to be

done away with by the Act, on the other hand, increased by leaps and bounds and has not assumed

grotesque and alarming proportions”. Again the Parliament intervened and the Dowry Prohibition

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(Amendment) Act, 1984 was enacted with considerable changes in the parent Act. Similarly, the Indian

Penal Code was amended to suit the present day need by introducing an entirely new offence hitherto

unknown to Criminal jurisprudence Section 498-A has been introduced as under-

“Husband or relative of husband of a woman subjecting her to cruelty - Whoever, being the husband

or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to 3 years and shall also be liable to fine.”

Object of the Dowry Prohibition Act, 1961-The evil of dowry has been the bane of Indian Society and it

continues unchallenged in spite of emancipation of women and a number of women's liberation

movements. This all-pervading malady has only a few exceptions in spite of equal treatment and

opportunity of boys and girls for education and career. According to Supreme Court of India-” Society

continues to perpetuate the difference between boys and girls for the purpose of marriage and it is this

destination which makes the dowry system thrive. Even though for eradication of this social evil, effective

steps can be taken by the society itself and the social sanctions of the community can be more determent,

yet legal sanctions in the form of its prohibition and punishment are some steps in that direction. The Dowry

Prohibition Act, 1961 was enacted to achieve this object”.

Role of Legislation to Deal with Dowry - The first Prime Minister of India Pt. Jawahar Lal Nehru observed

on the report of Joint Committee of parliament—that “Legislation cannot by itself normally solve deep

rooted social problems. One has to approach them in other ways too, but legislation is necessary and

essential, so that it may give that push and have that educative factor as well as legal sanctions behind it,

which help public opinion to be given a certain shape". Thus, only making of legislation is not adequate to

curb the evil of dowry from societies, until “educational factor” is used to make public opinion that dowry is a

social evil and it must be removed.

Need for other Penal Provisions—The Dowry Prohibition Act, 1961 is found to be inadequate, if

implemented as it is. Because our experience show that the demand of dowry and its various ways of

recovery and to achieve the same target, various sophisticated, indirect methods are currently used to

elude evidence of the offence. The consequences of failure of the demand of dowry meted out to the

unlucky bride take different forms to avoid any apparent connection between the demand of dowry and its

prejudicial effect on the bride. This fact based on experience has shown the way for other penal provisions

in the continuing battle to fight this social evil.

It is true that “dowry” is a deep rooted social evil and it appears to be the cause of so many unfortunate

deaths of young brides. It is an inhuman offence, barbaric in nature. It is usually committed inside the house

and generally such circumstances are created as to give an impression that it was suicide death. Our

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experience show that there will be all round attempt to shield such offence by the family members rather

than to expose it. The Government has initiated legislations with the view to protect women and to punish

persons who subject women to atrocities. To prohibit the taking or giving of dowry, in 1961 the parliament

has passed the Dowry Prohibition Act, .1961. By making Second Amendment Act, 1983 in the Criminal Law

a new Section 498-A was inserted in the Indian Penal Code. Election 498-A deals with offence of cruelty. it

provides for punishment to' husband and to his relatives, if they harass a woman with object to compel her

to meet any unlawful demand for wealth/property. Section 174 of the Code of Criminal Procedure was also

amended to secure post-mortem in case of suicide or death of a woman within 7 years of her marriage.

Consequently, Section 113-A has been inserted into the Evidence Act, 1872 raising presumption of cruelty

as defined under Section 498-A of the Indian Penal Code, against the husband or his relatives if the wife

commits suicide within a period of 7 years from the date of her marriage. These provisions show the

concern of our representative legislators to deal strictly with the cause of dowry death. in 1934, again

certain changes have been made in the Dowry Prohibition Act. A new offence called “dowry death" has

been introduced inform of section 304-B in Indian Penal Code. It raised the presumption of culpability

against the husband or his relatives which was not known to our criminal jurisprudence. it states that where

the death of a woman is caused by any burns or bodily injury or otherwise than under normal circumstances

within 7 years of her marriage and it is shown that immediately before her death she was subjected to

cruelty or harassment by her husband or any relative of her husband for or in connection with any demand

for dowry, such death shall be called “dowry death”. Section 304-B of l.P.C. provides that such husband or

relative shall be deemed to have

caused her death and shall be punished with imprisonment for a minimurn period of 7 years but which may

extend to life imprisonment.

Despite Penal provisions aimed to abolish dowry system, this evil is still prevailing in our societies and it

cannot be denied simply. The dowry system can be abolished more effectively by reasoning, education and

sweet logic than taking recourse to penal provisions or to police force. Social voluntary organizations have

an important role to play in abolition of dowry system. Our people need to be educated that marriage is

completely different from business equation.

The Government should also apply the laws relating to dowry with greater vigour and earnestness to

abolish the social exploitation once and for every body. The dowry system deserves to be condemned by

public at large, then only objects and effectiveness of penal provisions can be achieved.

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UNIT – IV

REPORTS

FORMAL AND INFORMAL CORRESPONDENCE

Formal and informal correspondence i.e. letter writing letter writing is an art all of us are required every now

and then, to write letters either to our friends or on business. The art of letter writing is no more ornamental

accomplishment, but something that every person must acquire for practical reasons.

We write letters when we need to communicate with people who are away from us and secondly, we need

written communication as a documentary proof for making a request granting permission, confirming

matters etc.

letters can be classified in to two kinds —

1) Formal

2) Informal

l

Formal letters include (l) personal correspondence between individual who are not close or intimate with

each other. (ll) business correspondence

Informal letters include are correspondence between friends, members of a family, relatives etc. They are

considered as a personal letter .while the language of formal letters and polite, the language if on formal

letters tends to be informal and intimate.

LETTER WRITING

The first class consists of letters written for the sake of keeping up an interchange of kind feelings and

civilities between friends or relatives, who live at some distance apart and cannot communicate in any other

way. In the same class must be included letters of introduction, congratulation, condolence, invitations, and

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answers to invitations.

The second class consists of letters written on any kind of business, either private or public.

A. Private or Friendly Letters

General Caution - Letters may be written in various forms and for various purposes, but there are certain

general rules that are applicable to all of them.

(a) Handwriting - Avoid scribbling or bad handwriting in all circumstances. Make a habit of writing legibly

even to your most intimate friends. Half the pleasure that your friend might have from your letter will be

destroyed if it is difficult for him to read your writing. In business letters illegibility may lead to a misreading of

what you write, and this may have serious consequences. Do not have to apologies at the end of your letter'

Excuse this scrawl; l had a bad nib' 'the ink would not run' it was too thick'.

(b) Spelling - Good spelling is as important as good handwriting, and should not be neglected even in the

most familiar forms of correspondence. A word miss pelt creates a bad impression,

whoever the reader may be.

(c) Punctuation - Much obscurity is sometimes caused by not putting the stops in places where

they are needed, or by putting them in wrong ones. Bad punctuation indicates either carelessness or

ignorance on the part of the writer.

(d) Revision - Make a point of reading your letter over before you put it into its envelope. You may have left

out a word, and the omitted word might happen to be the most telling word in the

Sentence - the omission (for example) of such a little word as not would make an important difference in the

sense.

The Form of Letters: The following are the characteristics of a letter format.

·The leading consists of

·A) writer's address (sender's address or return address) and the date.

·The salutation or the courteous greeting or the superscription

·The body of the letter or the communication or the message

·The subscription or courteous leave taking or closing.

·The signature with name.

·The address on the envelop (superscription on the envelop)

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·The inside address in business letters.

The Heading - This consists of (a) the place where the letter is written, (lo) the date of writing it. The

heading is written at the tops of the first page on the right-hand side, and might run as follows

Happy Villla,

16 Park Road,

Bombayth

14 December, 19.

Note -

1. The writer's name should not be written as well as the address.

2. We can also write the date as -14 December, 19- or December 14, 19_.

The Salutation - The form of salutation or greeting depends upon the degree of relationship or intimacy

existing between the writer and the addressee.

1. The most familiar form such as might be used in a letter between brother and sister or between

intimate cousins, or between very intimate friends unrelated by blood, is to write -My dear Satish, or My

dear AIbert, or My dear Mary, or Dear Ram Chandra, etc. The modern tendency is to write Dear -

(omitting My).

2. Blood-relations can be addressed as - My dear Mother, My dear Father, Dear Uncle, Dear Auntie

if from a young child, otherwise Dear Aunt Edith or whatever the name is.

3. Men of a rank equal to that of the writer can be addressed — Dear (or My dear) Dalton, Dear Mr.

Dalton, Dear Dr. Dhalton, Dear Sir - according to the degree of intimacy or according to the profession of

the addressee. My dean's considered rather more intimate than Dear.

If for some reason or other the writer desires to write as formally as possible, he may write

nothing more than Sir.

4. A married woman can be addressed — Dear (or My dear) Mrs. Dalton, or Dear Madam, according to

the degree of intimacy. An unmarried woman should be addressed asDear Miss Dalton or Dear Madam.

5. In writing friendly letters to acquaintances, we should begin — Dear Mr. Robinson, Dear Mrs.

Chatterjee.

The Ending — The form of the ending should always be in keeping with that of the salutation.

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1. For blood-relations such forms as the following are suitable -

lam (orl remain), Yours affectionately, Your affectionate (or loving) son, father, nephew, brother, uncle,

etc.

2. For intimate friends who are not related by blood, the words used at the close of the letter generally

are-

Yours ever, Yours always, Yours most sincerely, Your very sincerely, Ever yours sincerely, Yours

affectionately The words Yours sincerely (sometimes written in inverted order as sincerely yours)

though less effusive, are suitable for almost any degree of friendship that is well established.

3. lf the salutation has the more distant form of Dear Mr. A or My dear Mr. A., the corresponding ending

should be Yours very truly, Yours truly, or Yours faithfully.

4. A pupil addressing his master usually signs himself Your obedient pupil, or Yours obedient.

5. After such a salutation as Dear Sir or Dear Madam (which may be taken in either a deferential or a

distant sense), the ending may be either Yours respectfully or Yours faithfully, according as the writer

desires to be deferential or distant.

The Body of the Letter - The body of a letter is of course the substance or main part of it. _

The following points should be attended to-

1. Mind your grammar, etc. Because a letter is intended to be an exchange of ideas and feelings

between relatives or friends, it does not follow that the writer should pay no heed to the rules of

neatness, accuracy, legibility, good composition, and good grammar. These should never be ignored.

But in the choice of words, the quality of matter, and the general tone of the composition, more freedom

is allowed in a private letter than in a formal essay or narrative.

2. Use familiar style. Colloquialisms, though unsuitable in an essay, are by no means out of place in

familiar or friendly correspondence. In writing to a relation or to an intimate friend one is naturally

inclined, and under certain circumstances one may be compelled, to say a good deal about oneself. But

the frequent use of 'l' has a bad effect and appears egotistical. This should be avoided by giving a fresh

turn to the sentence. Thus, for 'l think', etc., you can say 'It strikes me' or simply 'It appears,' etc. Instead

of saying 'I look forward to your coming', etc., you can say, 'It will give us great pleasure if you can come,

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etc.,' or 'We are looking forward to your coming'.

3. Use simple and direct language. Avoid the use of long and involved sentence. Use short sentences

and simple words. Say simply and directly what you want to say.

Study carefully the following specimens of private or friendly letters -

Private Letters

1. Write a letter to a friend, apologizing for your failure to attend a dinner-party given by him. Explain to

him why you could not attend the party.

20 Nicholson Road,

Lucknow.

th18 November, 19...

My Dear Desai,

You must be thinking me very rude for my failure to attend the dinner-party at your house the day before

yesterday, but let me assure you that l was helpless in the matter. l am very sorry l was not able to keep my

promise; but when you know what it was that prevented me, l hope you will understand and excuse me.

I was just getting ready to come to your house when l received a telegram titling me that my cousin, Mr.

Ganga saran (you know him, l think) helmet with a serious accident and was lying in a dangerous condition

in the National Hospital. I felt very upset, and rushed oft at once to the station to catch the earliest train. l am

sorry that, as l had no senrant then, 't could not send. a message to you.

When l got to the hospital, l found my cousin unconscious. He was not yet out of danger. He had sustained

serious injuries to the head. I sat the whole night by his bedside, and it was a great relief when he regained

consciousness in the morning and showed that he recognised me. l am glad to say that he is a little better

now, though it may be weeks before he completely recovers.

So now you see why l could not come. I hope my absence did not upset your arrangements too much.

With kind regards,

l remain,

Yours very sincerely,

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Gopalaswamy.

2. Write a letter to a friend telling him about your future plans after you leave school.

120 Temple Road,

Patnath

16 April, 19…..

Deat Surendranath,

Thank you very much for your kind letter. It gave me great pleasure to hear form you again after such a

long silence.

You ask me what I intend to do after passing my Matriculation Examination. Well, that depends a good deal

on the division I secure in the University examination, If all goes well, and if I pass in the first Division, as I do

hope to do, I shall persuade my father to send me to some engineering school.

What I should like best would be to be an engineer. You know that I am immensely interested in Drawing and

Mechanics. These two subjects will help me in engineering. So I have set my heart on becoming a

Mechanical or Electrical Engineer.

What do you intend to do after you leave school? Can't you also persuade your father to send you to

college?

With kind regards,

I am

Yours sincerely,

Satyanarain.

Letter of Congratulation

Write a letter to your friend, congratulating him on winning a scholarship in the University Examination.

51 Lawrence Road,

Madras.th

20 June, 19….

Dear Ishaan,

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I have just heard of your brilliant success in the Matriculation Examination. May I offer you my heartiest

congratulations?

It is indeed a rare distinction that you have achieved. To have secured the third position amongst the

successful candidates in the University and to have won the merit scholarship are both splendid

achievements as which you and your parents ought to be proud.

Mother too sends her congratulations, and wishes you still brighter success in the future. You have really

brought great honour to your family and deserve the congratulations of all of us.

Ever sincerely yours,

Narsingrao.

Letter of Condolence, Sympathy, etc.

Write a letter to a friend who has recently lost his mother.

20 Park Road,

Bhopal,th

15 August, 19….

Dear Anwar,

It was with deep sorrow that l heard this morning of your terrible loss. l knew that your mother had a slight

heart attack, but l had no idea that she was so ill. The sad news of her death comes therefore as an

unexpected shock to me, and l offer you my heartfelt sympathy in the grief you must be feeling. You have

indeed suffered an irreparable loss. But you may find some slight comfort in knowing that all your friends

sympathies deeply with you in your bereavement. Your mother was a truly noble and pious woman, whose

life was an example to ail of us.

Believe me, my dear friend, these are not merely formal words but the expression of genuine sorrow. May

God give you strength to bear the blow.

Yours in deepest sympathy,

Aftab.

Write a letter to a friend who has suffered a severe pecuniary loss.

29 Canal Road,

Ajmer

November 28, 19....

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My dear Sinha,

At the risk of appearing intrusive, l venture to write to you to inquire whether the rumour which reached me

this morning is true. Is it a fact that you have suffered a severe pecuniary loss on the Stock Exchange? We

hope the rumour may turn out to be false or at least exaggerated. But should it unfortunately be true, you

must let me claim the privilege of an old friend of your family and offer you such financial assistance as lies

in my power.

I know all you will say. Consider it already said, and let us be practical. Permit me to place at your disposal

such a sum as you may need. Do not deny me this favour.

Your sincere friend

Ghose.

REPORT WRITING

A report is a form of communication in which some information is conveyed, usually in writing, to

someone who wants it. It is a description of an event or an experience, or a study of problems or issues,

usually in the written form. A report is written in order to convey and interpret information, to draw

conclusions and make recommendations for further action. A report gives information about a topic or an

issue.

A good report is a happy balance between information, findings and recommendation. 'A report of' means a

factual account without any impression of the writers. But 'a report on' means not only factual information

but also opinions and recommendations. Thus, reports may make information available, interpret or draw

conclusions and make recommendations for further action.

Types of Reports

There are three main types of reports; They are

1. Eyewitness reports - These give an account of what was seen, what took place or was

'experienced. Such reports include news reports; accident reports, crime reports and minutes of

meetings.

2. Work reports-These discuss the work carried out. Such reports include reporting experiments,

research reports, technical reports, survey reports.

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3. Analytical reports or investigation reports - These analyse the information presented, show its

significance, and when required, make recommendations. Usually investigation reports are quite

detailed, and are hence most likely to be formal and highly structured. Such reports contain the

reporting of events or developments, interviews and press conferences; meetings, etc.

Salient Features of a Report

1) A report gives firsthand information about an occurrence.

2) It caters to a specific class of readers. Nobody writes anything without a purpose.

3) It is given a title which states exactly what it is about.

4) It is written in clear, straightforward' language, comes immediately to the point, and makes no

pretensions of literary or artistic style, the writings is accurate and carefully thought out. The language of

a report should be suited to its content. There must be clarity in expression.

5) A good report should be brief and in concise form by omitting unnecessary and unconnected

details.

6) The content of the report should be orderly presented and logically and neatly arranged.

7) lt begins by giving the time and date of the event, the place at which it has occurred.

8) It must be presented in an interesting manner and it should be written in such a way that the person

using it is able to get the required information easily and quickly.

9) Its objectivity is to avoid any personal reference or bias.

Formal Elements of a Report (Eyewitness Report)

The following is a list of formal elements often used.

1) Prefatory elements, i.e., elements that introduce the report-identifying who wrote it, when, for

whom, etc. The title should be a one-phrase summary of the topic.

2) Main parts of the Report

(1) Introduction - This should give a general idea of the topic. It should briefly explain

(a) the subject, giving as much of the background as is needed;

(b) the purpose of the report;

(c) the specific problem, if any, that is being looked into;

(d) the scope of the report.

(2) Body - The body of the report presents the main message of the report. It should help the reader to

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understand it and get an overview of it. The structure of the report differs according to its type. The structure

should be clear and easy to follow.

a) the use of headings and sub-headings which are easy to understand and which are used; in some

consistent way help to indicate this structure,

b) the use of system of numbering for-sections off the report;

c) presentation of information in graphics (tables, figures, etc.)

d) organizing quotations from experts or authorities to help and support your report.

(3) Conclusion - conclusion does the following

(a) summarizes the main points;

(b) states conclusions;

(c) makes recommendations.

Tips to make writing reports a bit easier

(1) Decide what your report should do. in-rough, write down something like this -, “My report should help

to...”

(2) Decide what information you are going to get, and where you are going to get it.

(3) Get your information

(4) Write down the main points of the information you have gathered.

(5) Ask yourself, “What does this tell one?” and “will this knowledge help….?

(6) If necessary, get any more information that you need.

(7) Look for links between the information you have got, and list them. What conclusions can you now

draw? If you cannot draw conclusions, that also is a finding.

(8) Now plan your report.

(9) Write rough headings for the sections of your report.

(10) Write the report in bits first.

(11) Then write the more difficult parts. Write the report quickly, you can revise it later.

(12) Read it out, if possible, to a friend and ask for suggestions.

(13) See whether it helps to re-arrange or re-write some sections.

(14) Check out the facts and figures. Look out for grammar mistakes, spellings, etc.

(15) Write the final version of report and get it typed.

Writing an Analytical Report

In analytical reports, it would be necessary to -

1) gather facts about the current situation, and perhaps about the situation in the past;

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2) analyse the situation, and on that basis, look ahead to the possibilities in the future;

3) (m) consider various possible ways to proceed;

4) arrive at some preferable course of action. A welt made analytical report

5) shows you -all the facts which are relevant and which could help you make a good decision;

6) shifts through those facts, looks for relationships among them, and reaches conclusions.

An Analytical Repormust;

a) state the problem, introduce it and give» the reader a background;

b) present the facts In doing this, it may have to define various terms, and classify different kinds of

facts;

c) look for relationships among the facts. It could compare and contrast or look for causes for the

effects found;

d) use logical thinking and reasoning to draw conclusions, and to consider possible courses of action;

e) Again compare and look for cause-and-effect, relationships to find the best course of action.

The Structure of an Analytical Report is

Introduction - Introduction to the problem, 'statement of the problem, background, definition of important

terms.

Body - Procedures used in the study, results or findings, discussion of facts, should introduce new ideas.

Conclusion - conclusions, implications and recommendations.

Writing a Work Report: Work reports are a very important way of checking whether some work that has

been taken up is being done in the way it should be, and within the time allotted, and within the budget for

that work.

It is important always to remember that the information you give, and the manner in which you write may

have to vary depending on who is to read the report. These reports could be meant either for those involved

in the project or those in authority (such as executive, financial officers, and customers) or others who need

to be kept interested (general public or other associates) So you may have to give more information to the

first than to the second. Usually in any major work, the work could be broken up or distributed in various

ways

(a) the work can be taken up in different stages or phases;

(b) the work could be thought of in terms of several separate tasks (bits of work);

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(c) the work could be given to different groups to carry out.

The structure of a work report follows the general steps but the presentation differs basing on the division of

the work.

(A) Structure Basing on - by Task

Introduction - purpose and objectives, background and change from previous report.

Body - account of work to date - work completed, in each task

Conclusion - conclusion and implications - future directions for the project, estimate of time to finish the

project, estimate of money to finish the project.

(B) Structure Basing on - by Stage or Phase

Introduction - purpose and objectives, background and change from previous report.

Body - account of work to date - work completed in each phase. Conclusions - conclusions and

implications, recommendations; future directions for the project, estimate of time, and money to finish the

project.

Newspaper Reporting

Newspaper reports are related to politics, commerce, sports, science and human interest stories. A

newspaper report is constructed like an inverted pyramid it starts with the most important point of the story.

Then the details are gradually added.

The most important thing to remember while preparing reports for newspapers is that most of newspaper

readers are in a hurry. A lot of people read their morning newspaper at the breakfast table or on their way to

their place of work. They want to get the essential points at a glance and this is what the reporter should aim

at providing.

The first paragraph of a newspaper report should contain the most important points of the news story. This

paragraph, called intro in journalistic jargon, usually contains only one or two sentences with bigger sized

letters. Yet it should try and answer the questions what, where, when, who, whom and, if possible, why and

how. The details of the news story are given later.

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Features of Newspaper Report

(1) The place and date of the report are given at the top.

(2) The most important points are brought out in the first paragraph.

(3) The report is divided into short paragraphs.

(4) The details are added in the order of importance. The less important details follow later.

(5) The source of information is given.

(6) All the important questions that come to our mind when we think of the situation are answered here.

(7) The language used is simple and suits the contents of the report;

(8) Verbs in the active and passive voices are used in the report.

(9) The report is structured in such a way that it can be stopped at the end of any paragraph. It would look

complete even then.

(10) The report has a suitable heading which gives the reader the most important point of the news item.

Reporting of Meetings (Writing Minutes of Meeting)

Most of us have to attend meetings at some time or the other. Now, during a meeting, a great many things

are discussed and decisions are made. A record of it is definitely required. So during the meeting,

somebody records the minutes. The minutes are the official record of the action taken by the group.

During the meeting, it is only possible to make a rough note of all that occurs.

But some main points will have to be noted clearly. These include the names of all those attending, any

important points made, and the exact words of any important motions discussed and approved.

The minutes of a meeting usually need to include the following information in the following order

(1) Name of the group holding the meeting, and whether it is a regular meeting or a special one.

(2) The date and place.

(3) Subject of the meeting, if it has been called for a specific purpose or agenda of meeting, i.e.,

list of items to be discussed at the meeting.

(4) Names of persons attending, and names of the chairperson and secretary.

(5) Time the meeting started.

(6) Reports read or made to the group, if any.

(7) Action of the group recording, what decisions were made or agreed on.

(8) Time when the meeting came to an end, and whether any further meeting is scheduled.

(9) The signature of the secretary or convener.

There is no format for writing minutes. The language used should be appropriately formal. The reporting of

meetings to be published in newspaper should fit in with the style of the magazine or journal it is to be

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published in. The contents would also depend on the kind of occasion.

Reporting Interviews and Press Conferences

Very often important news stories come from interviews and press conferences. In reporting interviews and

press conferences care should be taken to pick only the relevant and important points and leave out the

unnecessary details. The points thus chosen should be arranged properly. The report should begin with the

most important point of the interview press conference.

Crime Reporting

Crime reporting consists of reporting of crimes and criminal cases in Courts. The crime reporting

should be more reliable, accurate and aware of the media's needs. The crime reporting should avoid

resorting to sensationalism or cheap gimmicks to catch the attention of the readers. It should not suppress

the facts. It should not invade a citizen's privacy. It should not violate standard of decency and good taste. It

should not glorify the activities of criminal or make heroes of them. While reporting accidents the reporting

should not solely be depended on the basis of police bulletins or information supplied by police spokesmen.

However, wherever possible the information should be collected from different sections of eyewitnesses.

The reporting of the criminal cases should be divided into paragraphs with an attractive 'lead'. The crime

reporting should contain the-full facts of the case and the principles of law laid down in the case. The report

should not contain any matter, or the doing of any other act, which (t) scandalizes or lowers the authority of

any Court; or (ii) prejudices or interferes with the due course of judicial proceedings. The report should not

impute improper motives to a, judge. It should not cast any defamatory allegations against a judge or judges

with or without reference to particular cases.

There are some statutes which prohibit publication of Court proceedings or any part thereof. While writing

stories on Court cases caution should be taken regarding the provisions of contempt of court and

defamation.

Model Reports

l. Factual Reports (Reporting Events)

(1) Bhaskara it

On June 7, 1979, the second Indian satellite name Bhaskara was launched into earth orbit from a Soviet

cosmotron.

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The 444 kg. satellite was carried' atop a Soviet rocket at 4 p.m. (1ST) and injected into earth orbit a few

minutes later.

Telemetry data received at the ground station at Sriharikota, Ahmadabad and Bangalore in India and Bear

Lake near Moscow show the satellite to be functioning normally.

The satellite designed to conduct earth observation experiments is going around the earth once every 95.2

minutes at an inclination of 50.7 degrees to the equator.

The Himalayas and eight States in the country have been identified by the Indian Space Research

Organization as potential data utilization centers for Bhaskara for carrying out earth observations from

space.

While Bhaskara is expected to sense snow melting and forecast. flood in the Himalayas, it will collect data

on the growth and decay of biomass in agriculture in Bihar and Gujarat, soil and land use in Karnataka, sea

erosion in Kerala, forestry in Madhya Pradesh and Uttar Pradesh, ground water in Tamil Nadu and

behaviour of deserts in Rajasthan.

These data will be collected through T.V. cameras to be operated at specific points.

- The Times of India, June 8, 1979

(2) The Andhra Cyclone

Nature's fury in the monstrous form of a cyclone has wrought havoc with life in the coastal belt of Andhra

Pradesh and it would take a very long time' for its victims to recover from the crippling physical, economic

and emotional blows.

Two scenes of destruction stand out in the mind. First, acres and acres of fertile land used for cultivation of

cash crops have been turned into an arid desert with a thick blanket of sand carried by the winds from the

riverbed. As a result, this land is now unfit for cultivation of red chilies, cashew or similar other remunerative

crops and either the sand would have to be removed, obviously at enormous cost, or some other crop

suitable for sandy soil grown instead.

Secondly, whole thickets of bushes and clusters of lean trees have been bent at a jaunty angle in one

direction as in a painting by Sailon Mukherjee. From the inside of the car one first believes that a sharp wind

is blowing but one soon realizes that there is no wind at all and the tilt is permanent and, further, no amount

of human effort, however herculean, could set it right. The cyclone has made the whole landscape look

eerie and exotic.

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- The Times of India, May 29, 1979

(3) Flood Situation in Assam'

Guwahati, June l 1

About two million people have been affected by the floods in the Brahmaputra and its tributes. The surging

waters have damaged crops and property worth several crores of rupees.

Official sources said here today that the flood had so far claimed thirty lives, Rail and road links

remained cut off because the national highway 37 had breached near Dharampur and the railway track had

cracked near Chapurmukh junction of the north-east frontier railway.

The army continued to rescue marooned people in Nagaon district where over one million people were

affected by floods.

(4) Rs. 10 Lakhs Seized - Smuggler Arrested

New Delhi, May 12

The Delhi customs seized cash worth Rs. 10 lakhs, believed to be sale proceeds of smuggled gold, during

the last two days. Om Prakash of Amritsar, said to be a known smuggler, has been arrested. The Customs

Department received a tip that Om Prakash was expected in Chandni Chowk for the disposal of gold. He

was intercepted and a search of his car revealed currency worth Rs. -5 lakhs. On further interrogation, Om

Prakash led the customs officials to a house of Niranjan Singh in Gujranwala town and recovered another

sum of Rs. 4.9 lakhs. It is alleged that the gang was responsible for smuggling of gold from Pakistan through

Amritsar.

-The Sunday Standard, May 13, 1979

(5) Dog Plays Mother to Jaguar Cub

Hyderabad, August 21 A jaguar cub, which had escaped the wrath of a disturbed mother found a surrogate

in a street dog at the Nehru Zoological Park.

Juhi, a jaguar at the zoo, gave birth to two cubs. Days later, she killed and ate away one of them. Zoo

authorities claimed to have taken adequate measures to avoid any disturbance to Juhi, which had killed its

cubs earlier, but could not prevent a recurrence of the same.

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The zoo staff separated the remaining cub from the mother and took it for hand rearing by bottle feeding

cow and goat milk. To ensure the survival of the cub, the staff then decided to provide a female dog with

pups as a surrogate mother.

“We approached the Blue Cross Society and Amala Akkineni provided us with a street dog, which was

rescued and shepherded there”, said the zoo Curator, B. Srinivas.

The street dog was brought to the zoo park and slowly the cub was introduced to her. “Now, the dog is

feeding the jaguar cub along with her own pup and has proved to be a good mother”, Mr. Srinivas said.

(The Hindu, August 22,2004)

Girls on the Move

A unique panchayat election was organized exclusively for girls in the district of Virudhunagar in Tamil

Nadu. The aim was to draw them into politics. The voters and candidates were all» school going girls under

the age of 16. They elected their own panohayat president and ward members in order to help them

understand the importance of women joining politics. As part of the initiative, the elected children will work

with the regular panchayat for the cause of children, gender justice and environment during the next two

years.

(Courtesy- Tehelka; for the week, November 7-13, 2004)

ll. CRIME REPORTING

(6) A.K. Khan, MBBS

Hyderabad, November, 9 The Additional Commissioner of Police, A.K. Khan, became a doctor albeit for a

few moments!

Showing how he had been exploiting latest technology, the alleged kingpin in a fake certificate racket, Syed

Azeemuddin, presented a fabricated M.B.B.S. degree certificate to the top cop when the latter asked him to

explain his modus operandi.

Azeemuddin, along with his accomplice, Ahmed Khan was produced before media persons here on

Tuesday at a press conference. Mr. Khan said that the duo were so skilful that they could produce certificate

of any university or course within minutes. “You name it they have it”, he said.

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When he asked Azeemuddin to show how he would make the certificates, the latter prepared a fake

medical degree certificate of AP. University of Health Science in 'Modern Science' and presented it to the

police officer to the surprise of everyone present there. The accused prepared negatives of different

educational certificates and stored their formats in the computers.

They would prepare the certificate in minutes using computer software. A total of 1068 fake certificates of

different universities and institutions were seized from their possession. The racket was busted by

Hyderabad Task Force (East). T. Varahala Raju and Sls, L.A Bhaskar, AVinod Kumar and A Bhaskar,

(Courtesy- The Hindu— November 10, 2004)

(7) Ornaments Taken Away

Gold ornaments weighing 19 Tolas were stolen from a house at Bara Galli in Hussainialam police station

area on Monday night. The house owners Mohd. Hameed and his family members went out to attend a

function. They returned home on Tuesday morning only to find the almirah doors broken open and the

ornaments stolen.

(The Hindu— November 10, 2004)

(8) Youth Dies in Road Mishap

A youth, K. Thukaram who was returning home on his new bike along with a 'friend, Anil, 23, after

performing 'puja', died when an RTC bus hit the vehicle near Rethibowli crossroads, on Thursday.

A resident of new lndiranagar, Thukaram was working as a mechanic. While ll1ukaram died on the spot, Anil

sustained injuries.

(The Hindu— November 20, 2004)

(9) lnfant's Body Found in Dustbin

The body of a newly born baby boy was found in a dustbin at Bathkamma Kudta under the Amberpet police

limits (Hyderabad) on Saturday evening. A complaint was lodged by a local resident, B. Kristaiah. The body

was shifted to Gandhi Hospital mortuary. '

(The Hindu— August 23, 2004)

(10) Chain-snatching

Snatchers struck at two places in the old city of Hyderabad, relieving two women of their gold chains on

Sunday. A resident of Hussainialam, Amaravathi Bai, 60, was returning home in the morning after visiting

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the, Bhoolaxmi temple at Charminar. As she was, crossing Murgi Chowk, two scooter-borne youths

snatched away her gold chain weighing five tolas, according to the Charminar police. In another case, a

woman conductor working in the Falaknuma depot, M. Bhargani, was standing near a bus stop at

Khalikhabar last evening. Two scooter-borne persons came from behind and snatched away her gold chain

weighing two tolas.

(The Hindu November 16, 2004)

(11) Teen Lures V.K.G. Giri Rapes Her

Hyderabad, November 11

A seven year old girl was allegedly raped by a 17 year old youth at Kishanbagh under Kulsumpura police

station "limits on Wednesday evening.

According to Kulsumpura inspector B.V Ratnam, the U.K.G. student (Note— the name of the rape victim

should not be published) was playing with her friends when the youth, Raghavendra, came near her and

promised to buy her a sweet.

Then, he took her to the bank of the Musi River near liaguda Kamela and raped her, the inspector said.

The girl was taken for medical examination.

The Kulsumba police have registered a case and are conducting further investigation.

lll. Court Case Reporting

(12) Custodial Crime Must No Go Unpunished - Supreme Court

New Delhi, November, 20 The Supreme Court has expressed serious concern over the growing menace of

custodial violence, torture and abuse of power by police across the country.

The Court. said

“If it is assuming alarming proportions nowadays all around, it is merely account of the devilish devices

adopted by those at the helm of affairs who proclaimed from roof tops to be the defenders of democracy and

protectors of people's right. Yet they do not hesitate to condescend behind the screen to let loose their men

in uniform to settle personal scores, feigning ignorance of what happens and pretending to be peace-loving

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puritans and saviours of citizen's rights.”

Message for Government

A Bench comprising Justice Arijit Pasayat and Justice C. K. Thakker said - “The Government and the

Legislature must give serious thought to the recommendation of the Law Commission and bring about

appropriate changes in the law not only to curb custodial crime but also to see that custodial crime does not

go unpunished.

Conviction Upheld

The Bench made these observations while upholding the 'conviction of a police officer, Gulab Singh

Chaudhury, by the Madhya Pradesh High Court. Chaudhury, who was found guilty of custodial violence,

was sentenced to seven years imprisonment. The judges, however, acquitted three other police, officers

charged with culpable homicide not amounting to murder.

The four accused police officers, along with Munshi Singh Gautam, who died when the appeal was pending

before the apex Court were charged with the custodial death of Shambhu Tyagi, who was arrested from his

residence on June 20, 1984, in connection with the theft of a scooter. He died the same day in custody after

being beaten severely by the police, who wanted to extract a confession from him. A Bhopal sessions Court

convicted all the five 'police officers and sentenced them to rigorous imprisonment for seven years. The

Madhya Pradesh High Court confirmed the verdict.

Alarming Proportions

The Supreme Court Bench said, “It is difficult to comprehend how torture and custodial violence can be

permitted to defy the rights flowing from the Constitution. The dehumanizing torture, assault and death in

custody which have assumed alarming proportions raise serious questions about the credibility of the rule-

of law and administration of the criminal- justice system.”

Expressing its anguish, it said

“The vulnerability of human rights assumes a traumatic torture when functionaries of the State, whose

paramount duty is to protect the citizens and not to commit gruesome offences against them, in reality

perpetrate them.”

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UNIT- V

DAVID COPPERFIELD

CHARLES DICKENS (1812-1870)

English novelist, generally considered the greatest of the Victorian period. Dickens's works are

characterized by attacks on social evils, injustice, and hypocrisy. He had also experienced in his youth

oppression, when he was forced to end school in early teens and work in a factory. Dickens's good, bad,

and comic characters, such as the cruel miser Scrooge, the aspiring novelist David Copperfield, or the

trusting and innocent Mr. Pickwick, have fascinated generations of readers.

Charles Dickens was born in Landport, Hampshire, during the new industrial age, which gave birth to

theories of Karl Marx. Dickens's father was a clerk in the navy pay office. He was well paid but often ended in

financial troubles. In 1814 Dickens moved to London, and then to Chatham, where he received some

education. The schoolmaster William Giles gave special attention to Dickens, who made rapid progress. In

1824, at the age of 12, Dickens was sent to work for some months at a blacking factory, Hungerford Market,

London, while his father John was in Marshalea debtor's prison. “My father and mother were quite

satisfied,” Dickens later recalled bitterly. “They could hardly have been more so, if l had been twenty years

of age, distinguished at a grammar-school, and going to Cambridge.” Later this period found its way to the

novel LITTLE DORRITT (1855-57). John Dickens paid his £40 debt with the money he inherited from his

mother; she died at the age of seventy-nine when he was still in prison.

In 1824-27 Dickens studied at Wellington House Academy, London,' and at Mr. Dawson's school in 1827.

From 1827 to 1828 he was a law office clerk, and then a shorthand reporter at Doctor's Commons. After

learning shorthand, he could take down speeches word for word. At the age of eighteen, Dickens applied for

a reader's ticket at the British Museum, where he read with eager industry the works of Shakespeare,

Goldsmith's History of England, and Berger's Short Account of the Roman Senate. He wrote for True Sun

(1830-32), Mirror of Parliament (1832-34), and the Morning Chronicle (1834-36). Dickens gained soon the

reputation as “the fastest and most accurate man in the Gallery”, and ho could celebrate his prosperity with

“a new hat and a very handsome blue cloak with velvet facings,” as one of his friend described his

somewhat dandyish outlook. In the 1830s Dickens contributed to Monthly Magazine, and The Evening

Chronicle and edited Bentley's Miscellany. These years left Dickens with lasting affection for journalism and

suspicious attitude towards unjust laws. His career as a writer of fiction started in 1833 when his short

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stories and essays to appeared in periodicals. 'A Dinner at Poplar Walk' was Dickens's first published

sketch. it appeared in the Monthly Magazine in December 1833. It made him so proud, that he later told that

“l walked down to Westminster Hall, and turned into it for half an hour, because my eyes were so dimmed

with joy and pride, that they could not bear the street, and were not fit to be seen there.” SKETCHES BY

BOZ, illustrated by George Cruikshank, was published in book form in 1836-37. THE POSTHUMOUS

PAPERS OF THE PICKWICK CLUB was published in monthly parts from April 1836 to November 1837.

Dickens's relationship with Maria Beadnell, the daughter of a banker, whom he had courted for four years,

ended in 1833. Three years later Dickens married Catherine Hogarth, the daughter of his friend George

Hogarth, who edited the newly established Evening Chronicle. With Catherine he had 10 children. They

separated in 1858. Some biographers have suspected that Dickens was more fond of Catherine's sister,

Mary, who moved into their house and died in 1837 at the age of 17 in Dickens's arms. Eventually she

became the model for Dora Copperfield. Dickens also wanted to be buried next to her and wore Mary's ring

all his life. Another of Catherine's sisters, Georgiana, moved in with the Dickenses, and the novelist fell in

love with her. Dickens also had a long liaison with the actress Ellen Ternan, whom he had met by the late

1850s.

Dickens's sharp ear for conversation helped him to create colorful characters through their own words. In

his daily writing Dickens followed certain rules: “He rose at a certain time, he retired at another, and, though

no precisian, it was not often that arrangements varied. His hours for writing were between breakfast and

luncheon, and when there was any work to be done, no temptation was sufficiently strong to cause it to be

neglected. The order and regularity followed him through the day. His mind was essentially methodical, and

in his long walks, in his recreations, in his labour, he was governed by rules laid down for himself - rules well

studied beforehand, and rarely departed from. “(anonymous friend, in Cnarles Dickens, An Illustration

Anthology. Crescent Books, 1995)

The Pickwick Papers were stories about a group of rather odd individuals and their travels to Ipswich,

Rochester, Bath, and elsewhere. It was sold at 1 shilling the installment (1836-37), and opened up a market

for similar inexpensive books. Many of Dickens's following novels first appeared in monthly installments,

including OLIVER TWIST (1837-39). It depicts the London underworld and hard years of the foundling

Oliver Twist, whose right to his inheritance is kept secret by the villainous Mr. Monks. Oliver suffers in a poor

farm and workhouse. He outrages authorities by asking a second bowl of porridge. From a solitary

con?nement he is apprenticed to a casket maker, and becomes a member of a gang of young thieves, led

by Mr. Fagin. Finally Fagin is hanged at Newgate and Mr. Barnlow adopts Oliver. NICHOLAS NICKELBY

(1838-39) was a loosely structured tale of young NickIeby's struggles to seek his fortune.

David Lean's dark, atmospheric version of Oliver Twist from 1948 is among the best films made from

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Dickens's novels. Lean's young thieves are as hard and professional as the brutal gang members of Luis

Bunuel's Los Olvidados (1950). Alec Guinness played the old, big-nosed Fagin. The caricature upset some

Jews in England, as Dickens's novel had done one hundred and ten years earlier. The Zionists protested

that the character was presented in the same way that Jews were vilified in the Nazi paper Der Sturmer.

American critics attacked the film's alleged anti-Semitism, and cuts were made before it was shown, with

twelve minutes missing, in the American theatres. Lean's stylised Great Expectations (1946), based on

Dickens's novel, had been a great success in the U.S. “Grandfather would have loved it,” said Monica

Dickens, the granddaughter of the author, of the film. With these works Lean has been considered an

authority on Dickens.

A CHRISTMAS CAROL (1843) is one of Dickens's most loved works, which has been adapted into screen a

number of times. The character of Ebenezer Scrooge, the “squeezing, wrenching, grasping, scraping,

clutching” miser, has attracted such actors as Seymour Hicks, Albert Finney, Michael Caine, George Scstt

and Alastair Sim. In a pornography version from 1975 Mary Stewart was “Carol Screwge”. Historical

subjects did not much interest Dickens. BARNABY RUDGE (1841), set at the time of the 'No Popery' riots of

1780, and ATALE OF TWO ClTlES (1859) are exceptions. The latter was set in the years of the French

Revolution. The plot circles around the look-alikes Charles Darnay, a nephews of a marquis, and Sydney

Carton, a lawyer, who both love the same woman, Lucy.

Among Dickens's later works is DAVID COPPERFIELD (1849-50), where he used his own personal

experiences of work in a factory. David's widowed mother marries the tyrannical Mr. Murdstone. David

becomes friends with Mr. Micawber and his family. “l went in, and found there a stoutish, middle-aged

person, in a brown surtout and black tights and shoes, with no more hair upon his head (which was a large

one, and very shining) than there is upon an egg, and with a very extensive face, which he turned full upon

me. His clothes were shabby, but he had an imposing short-collar on.” Dora, David's first wife, dies and he

marries Agnes. He pursues his career as a journalist and later as a novelist.

BLEAK HOUSE (1853) belongs to Dickens's greatest works of social social criticism. The novel is built

around a lawsuit, the classic case of Jarndyce and Jarndyce, which affects all who come into contact with it.

Much of the story is narrated in the first person by a young woman, Esther Summer son, the illegitimate

daughter of the proud Lady Dedlock and Captain Hawdon. The character of Harold Skimpole, an

irresponsible and lecherous idler, is said to be based on the poet and journalist Leigh Hunt.

GREAT EXPECTATIONS (1860-61) began as a serialized publication in Dickens's periodical All the Year

Round on December 1, 1860. The story of Pip (Philip Pirrip) was among Tolstoy's and Dostoyevsky's

favorite novels. G.K. Chesterton wrote that it has “a quality of serene irony and even sadness,” which

according to Chesterton separates it from Dickens's other works. “Ours was the marsh country, down by the

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river, within, as the river wound, twenty miles of the sea. My first most vivid and broad impression of the

identity of things, seems to me to have been gained on a memorable raw afternoon towards evening. At

such a time l found out for certain, that this bleak place overgrown with nettles was the churchyard; and that

Philip Pirrip, late of this parish, and also Georgiana wife of the above, were dead and buried; and that

Alexander, Bartholomew, Abraham, Tobias, and Roger, infant children of the aforesaid, were also dead and

buried; and that the dark flat wilderness beyond the churchyard, intersected with dykes and mounds and

gates, with scattered cattle feeding on it, was the marshes; and that the low leaden line beyond was the

river; and that the distant savage lair from which the wind was rushing, was

the sea; and that the small bundle of shivers growing afraid of it all and beginning to cry, was Pip, an orphan,

lives with his old sister and her husband. He meets an escaped convict named Abel Magwitch and helps

him against his will. Magwitch is recaptured and Pip is taken care of Miss Havisham. He falls in love with the

cold-hearted Estella, Miss Havisham's ward. With the help of an anonymous benefactor, Pip is properly

educated, and he becomes a snob. Magwitch turns out to be the benefactor; he dies and Pip's “great

expectations” are ruined. He works as a clerk in a trading firm, and marries Estella, Magwitch's daughter.

Dickens participated energetically in all forms of the social life of the time, “light and motion flashed from

every part of it,” wrote his friend and future biographer John Forster. In the 1840s Dickens founded Master

Humphrey's C/oak and edited the London Daily News. He spent much" time travelling and campaigning

against many of the social evils with his pamphlets and other writings. In the 1850s Dickens was founding

editor of Household World and its successor A/I the Year Round 5 Although Dickens's works as a novelist

are now best remembered, he produced hundred and edited and rewrote hundreds of others submitted to

the various period eats he edited, Dickens distinguished himself as an essayist in 1834 under the

pseudonym Boz. 'A Visit to New gate' (1836) reflects his own memories of visiting his own family in the

Marshaiea Prison. 'A small Star in the East' reveals the working conditions on mills and 'Mr. Barlow' (1869)

draws a portrait of an insensitive tutor.

Dickens lived in 1844-45 in Italy, Switzerland and Paris, and from 1860 one his address was at Gadshill

Place, near Rochester, Kent, where he lived with his two daughters and sister-in-law. He had also other

establishments - Gad's Hill, and Windsor Lodge, Peckham, which he had rented for Ellen Ternan. His wife

Catherine lived at the London house. In 1858-68 Dickens gave lecturing tours in Britain and the United

States. By the end of his last American tour, Dickens could hardly manage solid food, subsisting on

champagne and eggs beaten in sherry. In an opium den in Shadwell, Dickens saw an elderly pusher known

as Opium Sal, who then featured in his mystery novel THE MYSTERY OF EDWIN DROOD. He collapsed at

Preston, in April 1869, after which his doctors put a stop to his public performances. Dickens died at

Gadshill on suddenly of a stroke on June 8, 1870. Some of his friends later thought the readings killed him.

Dickens had asked that he should be buried “in an inexpensive, unostentatious, and strictly private

manner”.

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OUR MUTUAL FRIEND (1865), the second last novel Dickens wrote, started with a murder mystery. In the

opening chapter a drowned man is found floating on Thames. The Italian writer ltalo Calvino has called the

novel “an unquali?ed masterpiece, both in its plot and in the way it is written.” The Mystery of Edwin Drood

was published in 1870, but Dickens did not manage to finish it. He planned to produce it in 12 monthly parts,

but completed only six numbers. The story is chiefly set in the cathedral city of Cloisterham and opens in an.

opium den. “Ye've smoked as many as five since ye come in at midnight,” the woman goes on, as he

chronically complains. “Poor me, poor me, my head is so bad. Them two come in after ye. Ah, poor me, the

business is slack, is stack! Few Chinamen about the Docks, and fewer Lascars, and no ships coming in,

these say! Here's another ready for ye, deary.” The choirmaster of the cathedrat, John Jaspers, lives a

double life, as an opium addict and a respected member of society. His ward, Edwin Drood, disappears on

Christmas Eve, after a quarrel with Neville Landless. However, there is no trace of Edwin's body. Dick

Datchery, a disguised detective arrives to investigate the case. “It is the complex nature of Dickens's evil

men, not their merited fate, that makes them the peers of Dostoyevsky's lost souls. For this reason, I have

always been irked by the critical treatment of his last novel as a pure whodunit. "Endings" were not his

strong suit.” (Angus Wilson in The New York Times, March 1, 1981).

Selected Works:

· SKETCHES BY BOZ, 1836

· THE POSTHUIVIOUS PAPERS OF THE PICKWICK CLUB, 1836-37-

· THE ADVENTURES OF OLIVER TWIST, 1837-39

· THE LEFE AND ADVENTURES OF NICHOLAS NICKLEBY, 1838-39

· THE OLD CURIOSITY SHOP, 1841

· BARNABY RUDGE, 1841

· AMERICAN NOTES, 1842

· THE CHRISTMAS CARROL, 1843

· THE LIFE AND ADVENTURES OF MARTIN CHUZZLEWIT, 1843-44

· THE CHIMES, 1845

· THE CRICKET ON THE HEART, 1846

· PICTURES FROM ILTALY, 1848

· DOMBEY AND SON, 1848

· DAVID COPPERFIELD, 1849

· A CHlLD'S HISTORY ENGLAND, 1851-58

· BLEAK HOUSE, 1858

· HARD TIMES, 1854

· LlTTLE DORRITT, 1855-57

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· THE TALE OF TWO CITIES, 1859

· THE UNCOMMERCIAL TRAVELLER, 1880

· REPRINTED PIECES, 1851

· GREAT ExPEcTAT1oNs, 1851

· OUR MUTUAL FRIEND, 1885

· THE MYSTERY o1= EDWIN DROOD, 1870

· SPEECHES, LETTERS AND SAYINGS, 1810

· COLLECTED WORKS EDITIONS

· TO BE READ AT DUSK, 1898 g

· MISCELLANEOUS PAPERS, 1908 (2 V515.)

· CHARLES DICKENS'S UNCOLLECTED WRITINGS FROM HOUSEHOLD WORDS, 1970 (ed. by

Harry Stone)

· THE SUPERNATURAL SHORT STORIES OF CHARLES DICKENS, 1979 (edited by Michael

Hayes).

· A DECEMBER VISION, 1986

· D|CKENS'S JOURNALISM, vol. l', 1993

· DlCKENS'S JOURNALISM, vol. 2, 1997

· THE LETTERS OF CHARLES DICKENS, 1965-2002)

All fiction has autobiographical roots to some extent; but David Copper?eld is even written in the form of an

autobiography. The story that David narrates falls into three sections his childhood; his youth and

manhood, including marriage to Dora Spen low; and his period of maturity, including his marriage to Agnes

Wickfield. It is biography all the way through, the inspiration for which Dickens drew from his own life and

experiences.

David Copper?eld, in fact, was a new departure for Dickens in autobiographical .fiction. With the great fame

and financial stability he had already achieved with Pickwick Papers (1836-37), Oliver Twist (1838-39),

Nicholas Nickle by (1839), Dombey and Son (1846-48) and several other works, Dickens poured out his

own life in David Copper?eld under the guise of fiction. But it is a life-story told with such force and vitality

that its autobiographical roots cannot be concealed. In fact, among Dickens's many great works, David

Copper?eld is considered by many critics as his finest because it is so authentic and true to life of early

Victorian England when the evils of the industrial Revolution were beginning to be felt.

Similar to other early Victorian novels which were serialised in newspapers or magazines, David

Copper?eld was also issued periodically between May 1849 and November 1850. It contains certain

autobiographical aspects such as the character of Wilkins Micawber, whose origin can be traced to

Dickens' father. Some 'padding up', especially in the later sections of the novel, is of course there and the

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novelist's imagination has come into play but it is largely the story of Dickens' own childhood and, boyhood,

youth and middle age.

David's boyhood is very much that of the boyhood of Charles Dickens himself. But what is of great

significance is the fact that in the character of David, Dickens is displaying himself as a child: highly strung

and nervous, sensitive to a degree, intensely imaginative, affectionate and excitable, quick to receive

impressions and very slow to forget them when once received. And this boy, so sensitive, delicate-minded,

and withdrawing, by nature, was flung out as it were into the rough and tumble of the world at an age when

most boys are carefully nurtured in schools. At 12, Dickens knew the world; in later years when he came to

write David Copper?eld he looked back upon, and remembered, these years of helplessness and

humiliation.

As a boy, Charles Dickens had a very rough upbringing.

His father, John Dickens was not at all affectionate, was always in and out of debt, and always waiting for

something to turn up, like the immortal Mr Micawber of the novel. Consequently, Dickens' education was

neglected and he was saddled with all the menial jobs of the family. John Dickens was sent to the debtors'

prison and Charles to find work in a blacking warehouse, washing old bottles and sticking on labels. How

the bitterness of it entered into his very soul can be gauged in the chapter in which David describes his life at

Mudstone and Grinby's - Section IV, Part 2 of the novel.

Some critics have compared David Copper?eld with Oliver Twist but like all comparisons, not all the points

jell. What is necessary to know is that David is the boy Charles Dickens - a sensitive, imaginative boy,

deeply wronged, and suffering keenly, but eventually overcoming the adverse circumstances of his life.

This struggle against adversity is seen again and again in his books - most terribly, perhaps because of the

victim's helplessness, in Oliver Twist. But it seems to be the most authentic in David Copper?eld because it

is directly related to his own childhood experiences.

How do the childhood sufferings affect Dickens? in early childhood, there was nothing he could do but

endure all the little humiliations of everyday life; but when he became a man he struck out against hypocrisy

and oppression, and the cruelty that brought pain upon the weak and the helpless.

There are two reasons for the enduring popularity of David Copper?eld: the characters that Dickens has

created like Mr. Micawber, Peggotty, Uriah Heap, Mr. Barkis and many others whom we see all around us;

second, and perhaps more importantly, his portrayal of middle-and lower-middle class life with all the

humour and pathos of the everyday humdrum life. Both the excellent characterizations of the lower- middle

class and of life itself in these sections of Victorian society were really possible because of Dickens' acute

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sense of observation. Turn for instance to Part X, Sections 30 and 31 and note how, for all his terrible grief,

David feels important in the death of his mother. His powers of observation are only equaled by his amazing

capacity for description. Equally, notice the description of Peggotty's house; every small detail has been

described in such a way that Peggotty's personality is also revealed.

Quite apart from the sharp delineations of his characters and the intensity of his descriptions, David

Copper?eld. like his other novels, is really a novel of social criticism. While no one can deny that there is a

close resemblance of certain materials in the novel to aspects of Dickens' own life, still, his own experience

especially as a child is also used to highlight the plight of children in Victorian England. The dismal condition

of children and the injustices against them had always concerned Dickens deeply:

Oliver Twist, Little Nell, Barnaby Rudge,Nicholas Nickleby, Florence Dombey, poor Jo in Bleak House,

Sissy Jupe in Hard Times, Pip in Great Expectations and John Harmon in Our Mutual Friend. And so it is in

David Copper?eld where David is the central character. Writing to a friend in July 1849 when he was still

working on the novel, Dickens said he had combined 'truth and fiction' implying thereby that some

exaggeration had been made about the condition of children, if only to draw the attention of the government

to their plight. Dickens had spent a great deal of time in planning David Copperfield which he described as

“my favourite” and the intention was not merely to write an autobiographical novel but to show Viciorian

England “warts and all.”

SUMMARY OF THE CHAPTERS, WITH NOTES AND COMMENT - ARIES

Chapters 1-2

David was born in the 'Rookery' in Blunder-stone, Suffolk on a Friday, at 12 o'clock midnight as the clock

began to strike. His father had died six months before and was buried in the churchyard. As a child David

had often felt sorry for him on wintry nights that he should be lying there in the cold, all alone.

David's father had an aunt, Miss Betsey Trotwood, but she had quarreled with him for marrying his mother,

who she felt was useless. On the Friday afternoon that David was born, his aunt suddenly turned up after

many years of absence. On seeing David's mother, Miss Trotwood said: 'Why, bless my heart You are

indeed a baby. David's mother was young and beautiful but when Miss Trotwood arrived at the crucial hour

of his birth, she started crying. The labour pains started and the doctor, Mr. Chillip, was called. When Miss

Trotwood was told that a boy was born, she got up and left because she had wanted a girl.

ln the second chapter, David recalls his early child hood: the churchyard where his father lay buried,

Sundays in church, his mother and her faithful servant, Peggotty. One night, after David had learned to

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read, he asked Peggotty: “If you marry a person, and the person died, why then you may marry another

person, mayn't you?" Just as he said this, his mother entered the room with a bearded man to whom David

takes an immediate dislike. After this person's departure, David overhears an argument between his

mother and Peggotty about this man. Peggotty says that the man, Mr. Murdstone, is not an acceptable

person to be married to.

About two months later, Peggoty invites David to spend a fortnight with her at her brother's house in

Yarmouth. David is not too keen to go because he says, his mother would be left alone. David does not

realise that he is being sent away because his mother was soon to get married to Mr. Murdstone.

Comments and Notes

The first two chapters give you a hints of the style and subject matter of the entire novel. This is in typically

Victorian English - long, convoluted sentences with clauses, sub-clauses and sub-sub-clauses - that you

need to follow very closely to get the sense. For instance, the second paragraph consists of just one

sentence with 89 words! As you get into the heart of the novel, you will come across many more such

sentences which you would need to follow very closely. Also, there is a great deal of 'side-tracking' or

meandering where Dickens goes off from the subject on-hand and digresses about other matters; , As 'a

matter of fact, David pulls himself back time-' and again and says to himself that he should not 'meander' or

wander about allover the place.

Quite apart from the style, the opening chapters also give an indication of what is to come: David and

Peggotty do not like Mr Murdstone (the name is compounded from two nouns, 'murder' and 'stone') and this

will be reflected throughout the novel, particularly after David's mother dies.

Chapters 3-4

Ham, Peggotty's nephew who was present at Davidis birth, receives them and leads them to an old ship

that had been drawn up on the shore. It had become a 'real home' to Peggotty's family and although there

was a strong stench of fish, it was clean and neat. David is given the best room in the house, “the most

desirable bedroom ever seen.”

David is warmly welcomed by Peggouy's family. He is a littie puzzled by the relationship between Ham and

Emily, a young girt who lives there and he is told that both are orphaned children of relatives who had died at

sea. David has a very nice time on the seashore with Emily and really begins to think that he is in love! The

holiday is over and Peggotty and David return home to learn that his mother has remarried and his new

'father' is Mr Murdstone.

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Chapter 4 is concerned with David's unhappiness. He cries himself to sleep thinking of little Emily. David's

mother comes to console him and accuses Peggotty of prejudicing her son against her husband while Mr.

Murdstone telis David's mother that she should be 'firm' in handling her son. He sends both women out of

the room but before they leave, he tells Peggotty not to address David's mother, by her former name

because “she has taken my name. Will you remember that he also says that if David does not improve his

ways, he would be whipped with a strap.

Mr. Murdstone's sister arrives which further complicates David's fife. She makes it clear that she does not

like boys, and particularly David who needs to improve his manners. She takes charge of the entire house

and begins to treat David's mother as an outsider in her own home.

Both brother and sister soon assume charge of the entire house. One morning when David comes for his

lessons, Mr. Murdstone is already there, with a cane which “he poised and switched in the air." When David

does badly in his lessons, he is beaten but not before David bites his hand. As a punishment, David is

confined to his room for a week like a prisoner' in a cell. On the fifth day, Peggotty sneaks up to his room and

tells David that he is to be sent to a boarding school near London.

David is sent away the next morning. As he is leaving, his mother cries outz” I forgive you, my dear boy. God

bless you.

Comments and Notes

The warmth and generosity of Peggotty's home is contrasted with the coldness of David's own home,

especially after Mr. Murdstone's arrival. For instance, Mr Peggotty says, “You'll find us rough, sir, but you will

find us ready.” He is contrasted with Mrs. Gummidge, who lives there, and is constantly complaining: “l am a

lone lorn creetur,” and “every think goes contrary with me. “You should note that Dickens often writes

sentences in exactly the way they are pronounced by the working class people. You will come across many

such sentences later.

Chapter 3 prepares us for the coming events. David is now flung out into the world to fend for himself In

some ways, this is the beginning of David's growing up and coming to terms with himself.

Chapters 5-8

Before the cart has hardly gone half a mile, it suddenly stops. When David looks out, he sees Peggotty

come out suddenly from behind a bush. She hugs David, gives him somevcakes to eat and a purse

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containing some money, along with a none in his mother's handwriting, saying, “For Davy. With my love.”

Mr. Barkis, the cart driver consoles David who gives him one of the cakes to eat which he does “not one gulp

exactly like an elephant.” Bark is enquires about lf'eggotty's. cooking and asks if she has any “sweethearts.”

When David says she doesn't, he tells him to inform Peggotty that “Bark is willing,” David does not

understand this unusual marriage proposal but sends it to Peggotty in a letter later.

David arrives at his school, Salem House, which is a run-down old building with “ink splashed about.” He is

introduced to the masters - Mr Creakle, who pinches David's ears and calls him the young man “whose

teeth are to be filed”, Mr Sharp, Mr Mell - and some of the boys like Tommy Traddles and James Steer forth.

James is in the same dominatory and keeps David's money for him.

The school opens the next day with Mr. Creakte caning a number of boys, including David: “Half the

establishment was writhing and crying before the day's work began,” Dickens writes. These beatings are

David's most vivid recollections of early school days alongwith Traddles who was “caned every day that

half-year.”

The teaching was also done in an atmosphere of “sheer cruelty.” The boys are “too much troubled and

knocked about to learn.” One day the gentle Mr Mell asks the boys to keep quiet, especially James

Steerforth who begins to insult the master, calling him a “beggar” and encourages the other boys to join the

abuse. Mr Creakle who is the proprietor of the school, enters the class, takes Steer forth' s side and

dismisses the master on the spot!

One day, Mr Peggotty and Ham visit the school and bring some food to eat. David enquires about little

Emily, whom Mr Peggotty describes as “getting to be a little woman."

Holidays come. David is driven back by Mr Barkis who enquires whether he had conveyed his message to

Peggotty. He said he had to which Barkis says that he should tell Peggotty that he is “a-waiting an answer.”

David still does not understand what it means, and his mother later explains its meaning at the dinner table.

For a few days, David has a very nice time because the Murdstones are away but when they return, life gets

back to the same routine of tension and suspense. David is told not “to associate with the servants” and not

to hide himself in the room the whole day. In this way, his holidays “lagged away” but David does notice that

his mother looked very weak and frail.

Comments and Notes

These four chapters describe David's growing up from a naive young boy who knows little of the ways of the

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world to a young man who has begun to see the world on his own independent terms. He observes children

in the streets and wonders “whether their fathers are alive and whether they were happy at home.” But

David is still unable to make out the real nature of people. For instance, he does not understand that

Steerforth is using his money to feed the entire “bedroom” and taking the credit for it. Dickens further

delineates in chapter 7 the character of Steerforth whom David admires, but who, in reality, is a crook who

uses other people for his own ends.

Dickens has described the wretchedness of the school system at great length in these chapters. He had

attended Wellington Academy in north London and these descriptions of Salem House are probably based

on his own school experiences.

Chapter 8 shows how the rift between David and his stepfather is widening further. He realises that his

mother is not being treated fairly but also understands that she has very few options left to herself. David is

slowly coming to terms with himself and life around him which are all signs of his growing maturity.

Chapters 9-12

On David's tenth birthday, he is called into Mr Creakle's office and told that his mother had died. “lf ever a

child was stricken with sincere grief, l was,” David says. When he returns home, he is told that his infant

brother had also died, and “is in his mother's arms.”

After his mother's funeral, Peggotty tells David that he will probably not be returning to school. Peggotty is

also given a month's notice and the two go to Yarmouth. On the way, Peggotty tells David that she intends to

many Bark is unless “my Davy (is) anyways against it.”

David returns to the Murdstones and is neglected again.

One day Murdstone tells David that educating him would serve no' purpose and the sooner he learns to

fight the world, the better. instead he said, Mr Quinion, the manager of Murdstone and Grinby, wine

merchants, would provide him work and his “eating, drinking and pocket money” would be looked after.

David now realises that the Murdstones want to get rid of him, now that his mother is dead.

Murdstone and Grinby's warehouse is close to the harbour and the entire building is overrun with rats and

“discoloured with the dirt and smoke of a hundred years.” David's job is to wash the bottles and paste new

labels on them.

David lives with Mr Micawber and his family and he learns that he has been taken as a lodger because of Mr

Micawber's debts. One day, Mr Micawber is arrested and taken to the debtors' prison where his family joins

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him. David observes that they “live more comfortably than they had lived for a long while.” Meanwhile,

David rents a small room near the debtors' prison and continues his work in the warehouse. The work is

degrading but for the time being there is very little else that he can do.

Mr. Micawber holds a dinner party in the prison in celebration of his impending release and announces that

he plans to move to Plymouth to work as a farmer in the countryside. This gives an idea to David to make a

clean break with his past and he decides to run away to his only relative, Miss Betsey Trotwood who had

been present at the time of his birth. With some money that he borrows from Peggotty, he moves to London.

Comments and Notes

These four chapters are again a description of David's growing up and coming to terms with the harsh

realities of the Victorian world. It also embraces one of Dickens constant themes - the neglect of children -

which is described when David returns to the Murdstones.

“Dickens' own childhood forms the background of these chapters: when David was nine, John, Dickens

along with members of his family had been sent to the debtors' prison and Charles had become an

apprentice in a blacking factory, pasting labels on bottles. The harshness of this life had made a lasting

impression on Dickens and it is reflected in these chapters. Dickens had always protested against cruelty

to children and the experience of the warehouse is based on Dickens' own first hand experience in the

blacking factory.

to bait: to make a stop on a journey for refreshment egg-hot: a hot drink made with beer and eggs

flip . warmed wine, with sugar, spice and eggs.

There are many references from Shakespeare's plays, especially Hamlet, Macbeth, Othello and Julius

Ceasar but you will be able to follow them if you read the context carefully.

Chapters 13-20

David has a great deal of difficulty in making his way to" Dover and then 'in finding his aunt's house. He sells

off his meagre belongings to get to Dover and “a dusty, sunburnt, half-clothed figure” arrives after six days

of travelling. Miss Trotwood, seeing the ragged urchin shouts, “Go way Go along! No boys here!” But when

David tells her who he is, she takes him in.

At breakfast, Miss Trotwood tells David that she /has written to his stepfather. When the Murdstones arrive

the next day, they are greeted very coldly by Miss Trotwood who tells them that David's interests,

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particularly his annual allowances had not been looked after and that his mother was misused. Miss

Trotwood then asks David whether he wants to return with the Murdstones to which he says categorically

that he does not. With some final caustic comments, the Murdstones are asked to leave. David has now a

new set of parents, and his aunt says that he would now be known as Trotwoodi Copper?eld. And so David

returns to the Murdstones and is neglected again.

Comments and Notes

These four' chapters are again a description of David's growing up and coming to terms with the harsh

realities of the Victorian world. It also embraces one of Dickens constant themes - the neglect of children -

which is described when David returns to the Murdstones.

David begins a new life.

David is admitted to a new school but since the boarding facilities were not good, it was decided that he

would stay with Mr Wick?eld, a lawyer, and his daughter, Agnes, a girl of David's age. David notices that Mr

Wickfield 'drinks a good deal and is assisted by a clerk, Uriah Heep, whose eyes look like “two red suns?

Although school is pleasant, it had been a long time since David had attended one and he therefore keeps

away from boys of his own age. In the evening he again notices that Mr. Wickfield drinks a lot while Uriah

Heep remains in the office poring over a huge book. He thinks Heep is studying law to become Mr

Wickfield's partner in course of time.

Meanwhile, David slowly gets more integrated into school life. He learns about his schoolmaster, Dr. Strong

and attends a farewell party for Jack Maldon, who is a cousin of the master's wife. It is obvious that after an

initial period of adjustment, David is beginning to like his new school “which is as different from Mr. Creakle's

as good is from evil.” There is “an appeal, in everything, to the honour and good faith of the boys.”

Even at home, David gets accustomed to the new life.

Uriah Heep, whom David does not particularly like, invites him to his house to meet his mother,” the dead

image of Uriah, only short.” Mrs Heep and her;son try to “worm things out” of David – his background, about

Mr Wickfield and Agnes, and so on, which makes/him feel 'uncomfortable.' Suddenly, Mr Micawber who

had seen David through the window appears and he introduces him to Uriah and his mother. The next

evening, David looks out of the window to see Micawber and Uriah walk out “arm in arm” and Micawber is so

impressed with Uriah that he tells David that “when his difficulties came to a crisis my creditors would have

been a great deal better managed” if he had known Uriah at the time.

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David, who is now seventeen, becomes the head boy of the school. He thinks back on his school days, the

girls he had been infatuated with and whom he had “lost”. Unsure of what he wanted to do, David is

encouraged by Aunt Betsey to see Peggotty to make up his mind about what he intends to do in the future.

On his way, he drops in to see Mr Wickfield. Agnes tells David that she is worried about her father's condition

with his increased drinking and whenever he is “least like himself' he is wanted by Uriah Heep on some

“business”.

David goes to London and checks into a hotel. He spends the evening at the theatre and runs into his old

school friend, James Steerforth, who is now at Oxford. Steerforth is angry with the hotel staff for giving

David such a poor room and David is immediately given a much better place. At breakfast, Steerforth invites

David to come home with him and meet his mother. In return, David invites Steerforth to visit Peggotty and

her family to which he says it would be a pleasure to “see that sort of people there is a pretty wide separation

between them and us. They are wonderfully virtuous, I dare say. But they have not very fine natures, and

they may be thankful that, like their coarse rough skins, they are not easily wounded.”

Comments and Notes

In chapters 13 and 14, Dickens deals with two themes that recur in all his novels: one, a description of all

levels of society, and, two, his observation that behind a brusque exterior (of Miss Betsey Trotwood) lies a

warm and compassionate\heart. No judgement of human beings can be formed immediately on short

acquaintance and Dickens is particularly good in showing this in his novels. If Aunt Trotwood had walked off

in a huff when David was born, it did not mean that she had no affection for her nephew, particularly when he

was in trouble.

In chapter 15, we meet one of the central characters in the novel, Uriah Heep, who plays an important part in

the lives of several of the characters in the story. We also meet Mr Wick?eld, who is a good man, but weak

and given to drink - a trait that is exploited by Uriah Heep. The meeting of Mr Micawber with Uriah Heep is

just too much of a coincidence, but maybe Dickens brought this in just to heighten the readers' interest in

the story. (You must remember that many Victorian novels were published in a serial form in magazines and

newspapers.)

With chapter 18, we come to the end of the story of David Copper?eld as a boy which many readers have

considered to be the finest section of the book because it is so directly related to Dickens' own experiences.

As a matter of fact, many publishers have extracted just this section to make a separate book, especially for

school students.

David is now beginning to find his place in the world, but he finds it difficult to do so because he is a shy,

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retiring boy who has still to learn the ways of the world. In contrast, James Steerforth is absolutely confident,

demands what he wants and gets it. ln chapter 20, when David spends some time with Mrs. Steerforth, he

can see why he has been spoilt: his mother literally dotes on him and has given him whatever he has

demanded, so that he now thinks it is his birthright to get what he wants wherever he goes.

Chapters 21-30

David and Steerforth leave for Yarmouth and arriving late spend the night at the inn. The next morning

David goes alone to meet Peggotty and Barkis. At first Peggotty fails to recognise him. She takes David

upstairs to see Barkis who is an invalid and confined to bed. Steerforth arrives a little later, and after dinner,

he and David go for a walk along, the seashore. As they walk along, Steerforth says that “the sea roars as if

it were hungry” for them.

They arrive as the engagement between little Emily and Ham is being announced. David and Steerforth are

welcomed to the celebration and when Steerforth leaves, he tells David that Ham is “rather a chuckle-

headed fellow for the girl, isn't he?” David feels the remark is uncalled for but “seeing a laugh in his eyes” he

thinks Steerforth is joking.

During the visit which lasts for two weeks, Steerfoith spends a good deal of time boating with Mr

Peggouy. After visiting his old home at Blunderstone, David finds Steerforth in a despondent mood wishing

“with all my soul l could guide myself better." Very strangely, we find little Em'ly crying too: “l am not as good

a girl as l ought to be! Not near! Not near!”

Aunt Betsey suggests that David should consider a career as a solicitor and he joins the office of Messrs

Spenlow and Jorkins. He is provided some rooms close to the office and one day he invites Steerforth and

two of his Oxford friends to dinner. They have a jolly good time but at the end of the evening, David is quite

drunk. Two days later, David receives a letter from Agnes Wickfield asking him to see her. She tells David to

be careful with Steerforth. She also expresses her growing fears about Uriah Heep who is trying to become

Mr. Wick?eld's partner. David gets very angry but Agnes tells him to be nice to Uriah because, otherwise, he

might take further advantage of her father's weakness and harm him.

David attends a party at Mr Walterbrook's and meets Uriah Heep there. While David is with Agnes, he

senses Uriah's “shadowless eyes and cadaverous face, to be looking gauntly down from behind.” At first

David is hostile, but then remembers Agnes' advice to be nice to Uriah for diplomatic reasons. David invites

Uriah to his rooms for coffee to make him feel comfortable. Uriah reveals his growing sense of power and

control over Mr Wick?eld and even confides that he loves Agnes and would like to marry her. Uriah spends

the night in David's rooms and the next morning after Uriah has left, David tells Mrs Crup, the landlady, to

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“leave the windows open, that my sitting-room might be aired and purged” of his presence.

One day, Mr Spenlow invites David to come over for a visit where he is introduced to his daughter, Dora. He

is immediately attracted to her: “All was over in a moment. I had fulfilled my destiny. l was a captive and a

slave. l loved Dora Spenlow to distraction!” ,

David lives in a trance about Dora and buys waistcoats :

“Not for myself; had no pride in them, for Dora.”

David finds that Miss Murdstone is serving as a companion to Dora in the Spenlow household. He initially

fears that Miss Murdstone would come in the way of his relationship with Dora but they agree to keep their

past association a secret. He also learns from Miss Murdstone that Dora does not like her; in fact, she only

loves her dog, Jip.

Meanwhile David visits his old school friend, Tommy Traddles who lives in a poor, working class district of

Camden Town where garbage and junk clutter the streets. Traddles tells David of how he got into a law firm

after leaving school and that he is engaged to be married to one of the ten daughters of a curate in

Devonshire. He is also surprised to learn that Traddles' landlord is Mr Micawber who is “still waiting for

something to turn up.” David invites the Micawbers to dinner. The conversation at the dinner table turns on

what Mr Micawber was doing - he is in the corn business and that-he should advertise his talents to improve

his prospects.

Steerforth comes down from Oxford. He says he had come from Yarmouth and had a letter from

Peggotty who says that Barkis is gravely ill. David decides to go to Peggotty but Steerforth persuades him to

spend the next day at his home before going to Yarmouth.

David is received warmly at the Steerforth residence but something makes him begin to suspect

Steerforth. Before going to bed, Steerforth tells David that should something separate them, “think of me at

my best.” in retrospect, he realises he would never see Steerforth again as a friend: “Never more, oh God

forgive you, Steerforth to touch that passive held in love and friendship. Never, never more!”

When David finally arrives at Yarmouth, he is told that Barkis is dying. He is taken in to see Barkis who

opens his eyes for the last time and says: “Barkis is willing” and goes “outwith the tide.”

Comments and Notes

Sometimes Dickens tends to ramble a lot and these chapters are good examples of this tendency, possibly

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because he was too deeply involved with the novel. lf you get to the core of what is conveyed here, there are

two points to bear in mind: first, David's coming of age, with a job of his own, and his involvement with Dora

Spenlow; second, his slow but painful realisation that Steerforth was not really a reliable character. Both are

signs of his growing maturity and early manhood. David has also begun to appreciate the supportive role of

Agnes Wickfield who is the first person to warn him about Steerforth whose seeming perfection hides his

weak and selfish character.

By the time we get to chapter 30, we are more or less through half the novel. Dickens has introduced many

characters and, with Barkis' death we now see how he begins to dispense with them. This is the way to clear

the way for further development, to provide drama and pathos, and to tie up the loose ends.

Chapters 31-40

Only Peggotty, Mr Peggotty and David attend Barkis' funeral. In the evening David goes to Mr. Peggotty's

houseboat. There is a general air of mourning and everyone-tries to cheer Peggotty up by telling her that

she did hcr “dooty by the departed, and the departed know'd it.” Ham arrives at the house but without little

Em'ly. He draws David aside and tells him that Em'ly has run off with Steerforth. “Mas'r Davy, it ain't no fault

of yourn - and l am far from laying of it to you - but his name is Steerforth, and hc's a damned villain.” There is

general commotion in the room with Mr. Peggotty announcing that he was leaving immediately to find Em'ly.

The next day Mr Peggotty, Peggotty and David leave for London where they decide to meet Mrs

Steerforth. The mother is shocked and says that she would accept her son into the house only if he comes

without Em'ly.

Meanwhile, David is entrusted with Barkis' will and he takes great pride in his ability to read the legal

document and understand its implications. David found the will in the mysterious box that Barkis had been

carrying around for years which contained “miniature cups and saucers, a horseshoe, a polished oyster

shell and almost three thousand pounds.”

Quite apart from the legal hassles, David's involvement with Dora Spenlow grows deeper and deeper. At a

picnic, David meets Dora who has also come with her dog, Jip. At the end of the party, Dora's friend, Julia

Mills tells David that Dora would be staying at her place for a few days and she had invited him to come over

and see her.

Three days after the picnic, David visits Dora and declares his love. He goes to a jeweller and buys a ring to

seal their secret engagement. Within a week they have their first quarrel, but Dora's friend helps to patch it

up. Meanwhile, David writes to Agnes, telling her of his engagement and his sincere love for Dora. He also

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runs into his friend Traddles who tells him that Mr Micawber is in a bad shape financially, goes out of the

house only at night in disguise, and has had to pawn off household goods. What was worse was that

Traddles' own possessions have had to be pawned off and he got them back at much higher prices.

Aunt Betsey comes to David's flat to tell him that she is ruined. “All l have in this world is this room, except

the cottage,” she says, “and that must be put up for rent.”

David and Aunt Betsey have a chat about Dora. She: says that Dora is “light - headed” and “silly” but does

not interfere with the relationship.

David runs into Agnes Wick?eld in the law office of Spenlow and Lorkins. She tells him that Uriah Heep had

become a full partner in the firm ,and exerted a powerful influence on her father. David and Agnes meet Aunt

Betsey who tells them how she lost her fortune: Agnes' father had taken care of her money but after he got

involved with Uriah Heep, she decided to invest herself and lost it all.

David takes part-time work with Dr Strong as a secretary. But since the money is not enough David sees his

friend Traddles to enquire about being a newspaper reporter despite the extreme difficulty of mastering “the

mystery of shorthand writing and reading.” Meanwhile, Mr Micawber writes to David to say that he is moving

to Canterbury to be Uriah Heep's confidential secretary.

David thinks of Dora constantly, but he decides that he should tell her he is poor. Dora refuses to listen.

“Don't talk about being poor, and working hard.” She says she is more concerned about whether or not her

dog, jip, will have his daily mutton chop! David says it might be helpful in his present condition if Dora

learned to cook and housekeep. But Dora becomes hysterical and does nothing about it.

Meanwhile, Mr Spenlow learns of David's secret engagement to his daughter. He is furious, and asks him to

rescind his commitments but David refuses. Mr Spenlow gives David a week to reconsider his decision.

And while there is tension in the air, Mr Spenlow dies mysteriously. David and Dora fall into another bout of

depression.

Aunt Betsey sends David to Dover to find a tenant for her cottage. After having done the work,

David goes to see Mr Micawber who is now Uriah Heep's clerk. David senses “an uneasy change” in him.

Uriah is happy to see David and when he tells him that he is 'engaged to another lady' and that his interest in

Agnes was purely as a friend, he is reassured. At dinner he again talks of marrying Agnes.

Mr Wickfield is furious and breaks down in the presence of David later. Agnes comes in to comfort her father

and David makes her promise that “she will never sacrifice herself' for a “mistaken sense of duty.” Next day,

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Uriah suggests to David that he had “plucked a pear before it was ripe.”

On the way back, David runs into Mr Peggotty who tells him that little Em'ly had written several letters which

indicated that she would not be coming back home and had asked for understanding and forgiveness. -

Comments and Notes

These chapters all relate to David's growing maturity and his sense of discrimination. For instance, David's

feeling of 'supreme satisfaction' on being consulted on the implications of Barkis' wil1; his job in Mr.

Spenlow' s office and later as a parliamentary reporter; his willingness to help sort out Aunt Betsey's affairs

by hiring out her cottage. But his immaturity with regard to Dora still stands despite Aunt Betsey's outburst

that in love he is “blind, blind, blind.”

We also see in these chapters the true colours of Uriah Heep and the slow and painful realisation of Mr.

Wickfield that his life had been a failure because of his own excesses. David's growing maturity is also

contrasted sharply with his inability to see that Dora was only a “pretty toy” and that the proposed marriage

was doomed torfailure.

Chapters 41-50

After Mr Spenlow's death the responsibility of 'accepting' David's proposal of marriage fell on Dora's aunts.

David goes to see them along with his friend, Traddles, as a kind of moral support. David is allowed to

“court” Dora but nothing more was decided in the first meeting in course of time, Aunt Betsey becomes

acquainted with the Spenlows and there is general acceptance of the impending marriage by everyone,

except by Jip, the dog! Dora, however, simply refuses to learn anything about housekeeping David even

brings a cookery book - and David simply gives it up as a hopeless case. David takes Agnes to meet Dora

and the two women get along very well.

Meanwhile, Uriah Heep continues to make advances towards Agnes but is constantly rebuffed. He sees all

kinds of conspiracies against him, particularly by Jack Maldon. David has a heated argument with Uriah

over “entrapping him in one of his schemes.” Meanwhile, David receives a letter from Mrs. Micawber who

tells him that her husband “is entirely changed He is secret.”

David has now turned 21. He thinks of his past and his growing love for Dora and looks forward to his

marriage. He has mastered “the shorthand mystery” and is doing fairly well as a writer.

Dora's aunts have given their consent to the marriage and preparations are made for the forthcoming

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wedding. But after the song and dance, the glamour of the marriage wears off very fast; as a matter of fact,

the wedding seemed to have lasted longer than the marriage! Dora simply cannot manage the household; a

procession of servants comes and goes. But, bad as things are, David continues to “understand” Dora's

incompetence. The seeds of a deeper conflict, however, are apparent to all. In fact, David confides his

marital problems to Dr Strong.

But if David's marriage steadily goes on the rocks, he is becoming more and more successful as a writer.

One night, as he walks past the Steerforth house thinking about his novel, Miss Danie, Steerforth's maid,

tells him that Em'ly was very depressed and might even be 'dead'. David tells Mr Peggotty and both set off to

find Martha Endell, Em'ly' s friend, who they feel would know the latest position. They catch up with Martha

on the bank of the river Thames, ready to jump into the river because she held herself responsible for

Em'ly's plight.

There is another shock awaiting David when he visits Aunt Betsey. She tells him that 'the mysterious

stranger' who visits her once in a while is her husband! She says she had been separated many years ago

when her husband became a gambler and a cheat but out of consideration for her former association, she

gives him some money.

David's marriage stumbles along as before. Dora shows no interest in running the house properly; David,

as usual, continues to be 'understanding' and hopes that with the coming of the baby, things would improve.

Sadly, the baby dies at birth and Dora's health steadily declines.

David receives a long letter from Mr Micawber, asking him to meet him, along with Traddles, at King's Bench

Prison. The three go off to Aunt Betsey's where Mr Micawber reveal. the purpose of the meeting: “Villainy is

the matter and the name of the whole'atrocious mess is HEEP!” Mr Micawber calls Heep 'a detestable

serpent' and swears he would expose 'the hypocrite and perjurer.'

One day, Martha visits David and tells him to come to a London address immediately. David is taken to a

brokendown house where he hears the voice of little Em'ly talking is Rosa Dartle, Steerforth's companion.

Rosa blames Em'ly for the breakdown of her marriage to Steerforth and asks her to get out” If you live here

tomorrow, l'll have your story and your character proclaimed on the common stair.” Em'ly collapses in Mr

Peggotty's arms as he arrives on the scene just then.

Comments and Notes.

Dickens turns again to his own experiences for material for the novel: the slowly deteriorating relationship

with Dora and his growing success as a journalist and writer. Dickens had courted Maria Beadnell and the

incompetence of Dora is a portrait of his own wife, Catherine Hogarth. (What Dickens does not reveal

because he was writing in Victorian times is that while his own marriage was never a happy one, he did not

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place any restrictions on his own self in going out with other women, of whom there were many, including, it

is alleged, an illegitimate child)

These chapters also reveal Dickens' basic values: disciplined heart and prudence. These are projected

through the personality of Agnes Wickfield who waits for David and expresses her love by being a kind of a

sister. Even Aunt Betsey whom David admires, is found to be ?awed when she reveals that she had a

husband whom she had rejected 'because of his wayward habits. This comes as a shock to David because

in Victorian times, marriages were supposed to have been made in heaven and separations and divorces

were frowned upon!

Chapters 51-64

Literary critics have described the concluding chapters of this huge novel as 'a mopping up operation', and

this indeed it is because Dickens had introduced so many characters that each had to be 'accommodated'.

Each goes his or her own way: Uriah Heep is finally trapped by his misdeeds because of Mr Micawber who

exposes him; D0ra's health steadily declines (and so does her dog, jip's) and Dora tells David to call Agnes

before she dies; the Micawbers migrate to Australia; Betsey Trotwood's mysterious husband dies; David

goes travelling abroad for three years and takes to writing as a means to get over his loss of Dora; Steerforth

and Ham die in a raging storm at sea; finally David returns home after he has regained his confidence.

David realises that Agnes is the girl he always wanted to marry and would make the perfect wife. Agnes

reciprocates his love and the two are married in a very simple ceremony where the only guests are Traddles

and his wife Sophy, Dr Strong and his wife.

Dickens disposes of the rest of the characters on the basis of his abiding principle that good triumphs over

evil, a dictum which is common to all his novels.

Comments and Notes

The last chapters are basically, a recollection of the people and events in David's life and given the pace

with which the characters are disposed of or settled, it seems that Dickens was in a hurry to put an end to

this massive novel. in his Preface to the first edition of 1850, Dickens had said that although he was sorry to

come to the end after two years of imaginative writing, he realised that he would othenrvise be “wearying

the reader with personal confidences and private emotions.” He had to call it 'a day' because there was

nothing more to say.

IMPORTANT QUESTIONS

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1. Describe briefly the trial scene in “The Merchant of Venice”. Do you find the trial and the verdict to be

fair or unfair? Give reason.

2. Write a note on ring episode in the drama “The Merchant of Venice”.

3. The drama merchant of Venice” has no hero. It has only heroine. Discuss.

SUGGESTED READINGS

1. David Green, Contemporary English Grammar and Structure

2. Tata McGraw Hill, Objective English

3. The Concise Oxford, Thesauras

4. Goodman, History of English Literature

5. Normal Lewis, Word Power

english - ii - kamkus college of lawkamkus.org/coursematerial/english - ii.pdf · english - ii ba....

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