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Textbook on law, poverty and development

By: Contributor(s): Publication details: Dehra Dun Universal Law Publishing Co.Pvt.Ltd. 2011Description: 328p xxviiISBN:
  • 978-9350350812
Subject(s): DDC classification:
  • 344 KUM-2
Contents:
Contents: CHAPTER 1 POVERTY; Meaning and Concept; Dictionary Meaning; Another Meaning; Terms Related to Poverty; Absolute Poverty; Relative Poverty; Primary Poverty; Secondary Poverty; Poverty Line; Poverty Trap; Cycle of Poverty; Quotes; Indicative Figures; Below Poverty Line; Understanding who are Poor; Who all constitute poor?; Need to Define the Problems of Poverty and its Magnitude; Social Exclusion; Identification; Aggregation; Manifestations of Poverty; Negative Discrimination; Types of Income Poverty; Poverty Groups; Stunted Child; Wasted Child; Underweight; Determinants of Poverty; Millennium Development Goals (MDGS); Eight Goals; Comments; Measures of Human Deprivation Devised by United Nations Development Programme; CPM; Comments; HPI; Indicators; Concepts; Harijan; Dalit; Garibi Hatao; Mandal Commission; Social Engineering; Affirmative Action; Inclusive Growth; The Creamy Layer; Empowerment; CHAPTER 2 APPROACH OF THE INDIAN CONSTITUTION TOWARDS THE POOR; Issues Related to Poverty in India; Preamble; Socialistic Concept; A Resume of Constitutional Provisions having a Bearing on Poverty and Development; Citizenship; Article 5 - Citizenship at the Commencement of the Constitution Right to Equality; Equality Before Làw; Article 15. Prohibition of Discrimination; Article 16. Equality of Opportunity in Matters of Public Employment; Article 17. Abolition of Untouchability; Article 21. Right to Life; Illustrations; Article 21A; Directive Principles of State Policy and Poverty in India; Social Justice; Fundamental Duties; Article 51(A)(k); Other Provisions; Article 243D; Article 325; Part XVI -Articles 330 to 342; CHAPTER 3 ANTI-POVERTY PROGRAMMES; Twin Fold Objectives; Underlying Aim; Payments; The Integrated Rural Development Project (IRDP); Guarantee of Employment: Section 12; Operational since 1980; Target Group; Ceiling for Subsidy; Pattern of Coverage; Actual Beneficiaries; Analysis; National Rural Employment Programme (NREP); Significant Features; Priority; Allocation; Division; Execution; Co-option; Drawbacks; Rural Landless Employment Guarantee Programme (RLEGP) (August 1983); Objective; Details; Jawahar Rojgar Yojna (JRY); Swarnajayanti Gram Swarojgar Yojna (SGSY); Sampoorna Grameen Rojgar Yojna (SGRY); Indira Awas Yojna (IAY); Public Distribution System (PDS); The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 MGNREGA); Aim; Nodal Agency; Implementation; Sharing of Expenses; Provisions under NREGA; Rural Area section 2(0)?; History and Funding; Section 2(f); Criticism; Legal Aspects; Ninth Plan Strategy for IRDP; Objectives; Developmental Activities; Rajiv Awas Yojna; Panchayat Raj Institutions; Criticism; Non-governmental Initiatives; Self Help Groups; CHAPTER 4 BONDED LABOUR; Universal Declaration of Human Rights; Begar; Forced Labour; Constitution of India, Article 23: Right Against Exploitation; Slave; Debt bondage; International Labour Organisation and Forced Bonded Labour; PUCL Case; Freedom from Bondage; The Bonded Labour System (Abolition) Act, 1976; Salient Features; Preamble; Bonded Labour, Section 2(e); Bonded Labourer, Section 2(f); Bonded Labour System, Section 2(g); Act to have Overriding Effect, Section 3; Abolition of Bonded Labour System, Section 4(1); Section 4(2); Agreement, Custom, Etc., to be Void, Section 5; Burden of Proof, Section 15; CHAPTER 5 ABOLITION OF UNTOUCHABILITY; Constitution of India Article 17; The Protection of Civil Rights Act, 1955; Preamble; Definitions; Civil Rights; Provisions of the Protection of Civil Rights Act, 1955; Offences; Abolition of Untouchability; Presumption by Courts in Certain Cases, Section 12; Legal Aid, Section 15A(2)(i); Special Courts; Committees, Section 15(A)(2)(iv); Constitutional Bodies; CHAPTER 6 DEBT RELIEF; Maharashtra Debt Relief Act, 1975; Preamble; Salient Features; Farmers Debt Waiver Scheme, May 2008; Estimated Beneficiaries; CHAPTER 7 DEVELOPMENT; Right; Development; Background; United Nations Charter; Fundamental Core Element; Right to Development (RTD); Right to Development is a Group Right; The Rio Declaration, 1992; The Principles of the RIO Declaration; Copenhagen Declaration, 1992; Right to Development Includes; Declaration on the Right to Development; Recognition; Certain Advances; Target; Legal Relevance; CHAPTER 8 CRIMINAL LAW AND THE POOR; Constitutional Aim; Case-Law; Victims of Bail Justice; Purpose Behind Bail Provisions; Interim Bail; Bailable; Legal Provisions Criminal Procedure Code Sections 436 to 450; Problems for the Poor; Victims of Prison Injustice Problems of Under-trials; Abuse and Challenges; Criminal Procedure Code, Chapter VIII, Sections 106 to 124; CHAPTER 9 RENDITION OF LEGAL AID; Corrective Steps; Preamble of Constitution; Significance; The Legal Services Authority Act, 1987; Preamble; The Statute Highlighted; Definitions; Supreme Court Legal Services Committee; Functions of the Central Authority; Functions of the State Authority; Entitlement to Legal Services; Free Legal Services; Lok Adalats; Section 19; Status; Connotation of Terms Used; Compromise; Settlement; Refund of Court Fees; Public Utility Service; CHAPTER 10 WOMEN, CHILDREN AND THOSE WITH SPECIAL NEEDS; Fundamental Duties; Situation Before Enactment of Modern Laws; Crimes Against women; Hindu Succession Act, 1956 (As Amended in 2005); Status of Female Hindus; Criticism; Gender Bias or Inadequacies; Anti-dowry Laws; Dowry Prohibition Act, 1961; Preamble; Section 2 of the Dowry Prohibition Act; Stridhan; Offences with Regard to Dowry and Wife; Penalties; IPC Section 406 - Punishment for Criminal Breach of Trust; IPC Section 304B; IPC Section 498A; Nature of Offence; Domestic Violence Act, 2005; Preamble; Domestic Violence - Section 5; Appraisal; Significance; Beneficiaries; Live-in Relationship; Status of Children; Shelter; Maintenance; Criminal Procedure Code; Limitation; Bar to Relief; Advantage; Hindu Adoptions and Maintenance Act, 1956 - Section 18; Muslim Marriage; Significant Features; Other Types of Marriage; Status; Prohibitions; Call for Reforms; Suggestions; Nikah Namah; Punishment; The Dissolution of Muslim Marriages Act, 1939; Preamble; Inadequacy of 1939 Law; Challenges for Muslim Women; Comments; Muslim Women (Protection of Rights on Divorce) Act, 1986; Comments; Imrat-e-Shariah; Child Custody; Relevance; Need; The Hindu Minority and Guardianship Act, 1956; Family Courts; Family Court Act, 1984; Special Features; Association of Social Welfare Agencies, Etc. - Section 5; Criticism/Inadequacies; Sex Determination; Female Foeticide; The Medical Termination of Pregnancy Act, 1972 (in short MTP Act); Abortion Allowed Where; Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994; Maternity Benefits; Maternity Benefit Act, 1961; Preamble; Sexual Harassment at Work Place; What is it?; Other Forms; Reasons; Offences under Indian Penal Code; Vishaka Guidelines; Sexual Harassment at Workplace Bill, 2010; Preamble; Comments; Immoral Traffic; Legal Status; Comments; Honour Killings; Protection Homes; National Widow Pension Scheme; Rights of the Disabled; Types of Disabilities; Contemporary International Approach; Mental Health Act, 1987; The Rehabilitation Council of India Act, 1992; The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999; Inadequacies; Challenges (1llustrative); Illustrative Case Law; Rights of Mentally Retarded; Challenges; Mentally Ill Deserve a Right to International Year of Disabled Persons 1981; Mental Health Act, 1987; Preamble; Case Law; Child Labour; Actual Difficulties; Sectors Involved; Child Labour (Prohibition and Regulation) Act, 1986; Twin Objective; Employment Banned; Section 4; Challenges; Right to Education; Article 21A; Definition; Criticism; Street Children; Rights of Elderly; QUESTION BANK; Multiple Choice Questions; Fill in the Gaps; Fill in the Gaps; True or False; Match the Following; Model Answers.
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Contents:
CHAPTER 1 POVERTY;
Meaning and Concept;
Dictionary Meaning;
Another Meaning;
Terms Related to Poverty;
Absolute Poverty;
Relative Poverty;
Primary Poverty;
Secondary Poverty;
Poverty Line;
Poverty Trap;
Cycle of Poverty;
Quotes;
Indicative Figures;
Below Poverty Line;
Understanding who are Poor;
Who all constitute poor?;
Need to Define the Problems of Poverty and its Magnitude;
Social Exclusion;
Identification;
Aggregation;
Manifestations of Poverty;
Negative Discrimination;
Types of Income Poverty;
Poverty Groups;
Stunted Child;
Wasted Child;
Underweight;
Determinants of Poverty;
Millennium Development Goals (MDGS);
Eight Goals;
Comments;
Measures of Human Deprivation Devised by United Nations Development Programme;
CPM;
Comments;
HPI;
Indicators;
Concepts;
Harijan;
Dalit;
Garibi Hatao;
Mandal Commission;
Social Engineering;
Affirmative Action;
Inclusive Growth;
The Creamy Layer;
Empowerment;

CHAPTER 2 APPROACH OF THE INDIAN CONSTITUTION TOWARDS THE POOR; Issues Related to Poverty in India;
Preamble;
Socialistic Concept;
A Resume of Constitutional Provisions having a Bearing on Poverty and Development;
Citizenship;
Article 5 - Citizenship at the Commencement of the Constitution Right to Equality;
Equality Before Làw;
Article 15. Prohibition of Discrimination;
Article 16. Equality of Opportunity in Matters of Public Employment;
Article 17. Abolition of Untouchability;
Article 21. Right to Life;
Illustrations;
Article 21A;
Directive Principles of State Policy and Poverty in India;
Social Justice;
Fundamental Duties;
Article 51(A)(k);
Other Provisions;
Article 243D;
Article 325;
Part XVI -Articles 330 to 342;

CHAPTER 3 ANTI-POVERTY PROGRAMMES;
Twin Fold Objectives;
Underlying Aim;
Payments;
The Integrated Rural Development Project (IRDP);
Guarantee of Employment: Section 12;
Operational since 1980;
Target Group;
Ceiling for Subsidy;
Pattern of Coverage;
Actual Beneficiaries;
Analysis;

National Rural Employment Programme (NREP);
Significant Features;
Priority;
Allocation;
Division;
Execution;
Co-option;
Drawbacks;

Rural Landless Employment Guarantee Programme (RLEGP) (August 1983);
Objective;
Details;
Jawahar Rojgar Yojna (JRY);
Swarnajayanti Gram Swarojgar Yojna (SGSY);
Sampoorna Grameen Rojgar Yojna (SGRY);
Indira Awas Yojna (IAY);
Public Distribution System (PDS);

The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 MGNREGA);
Aim;
Nodal Agency;
Implementation;
Sharing of Expenses;
Provisions under NREGA;
Rural Area section 2(0)?;
History and Funding;
Section 2(f);
Criticism;
Legal Aspects;

Ninth Plan Strategy for IRDP;
Objectives;
Developmental Activities;
Rajiv Awas Yojna;
Panchayat Raj Institutions;
Criticism;
Non-governmental Initiatives;
Self Help Groups;

CHAPTER 4 BONDED LABOUR;
Universal Declaration of Human Rights;
Begar;
Forced Labour;
Constitution of India, Article 23: Right Against Exploitation;
Slave;
Debt bondage;
International Labour Organisation and Forced Bonded Labour;
PUCL Case;
Freedom from Bondage;
The Bonded Labour System (Abolition) Act, 1976;
Salient Features;
Preamble;
Bonded Labour, Section 2(e);
Bonded Labourer, Section 2(f);
Bonded Labour System, Section 2(g);
Act to have Overriding Effect, Section 3;
Abolition of Bonded Labour System, Section 4(1);
Section 4(2);
Agreement, Custom, Etc., to be Void, Section 5;
Burden of Proof, Section 15;

CHAPTER 5 ABOLITION OF UNTOUCHABILITY;
Constitution of India Article 17;
The Protection of Civil Rights Act, 1955;
Preamble;
Definitions;
Civil Rights;
Provisions of the Protection of Civil Rights Act, 1955;
Offences;
Abolition of Untouchability;
Presumption by Courts in Certain Cases, Section 12;
Legal Aid, Section 15A(2)(i);
Special Courts;
Committees, Section 15(A)(2)(iv);
Constitutional Bodies;

CHAPTER 6 DEBT RELIEF;
Maharashtra Debt Relief Act, 1975;
Preamble;
Salient Features;
Farmers Debt Waiver Scheme, May 2008;
Estimated Beneficiaries;

CHAPTER 7 DEVELOPMENT;
Right;
Development;
Background;
United Nations Charter;
Fundamental Core Element;
Right to Development (RTD);
Right to Development is a Group Right;
The Rio Declaration, 1992;
The Principles of the RIO Declaration;
Copenhagen Declaration, 1992;
Right to Development Includes;
Declaration on the Right to Development;
Recognition;
Certain Advances;
Target;
Legal Relevance;

CHAPTER 8 CRIMINAL LAW AND THE POOR;
Constitutional Aim;
Case-Law;
Victims of Bail Justice;
Purpose Behind Bail Provisions;
Interim Bail;
Bailable;
Legal Provisions Criminal Procedure Code Sections 436 to 450;
Problems for the Poor;
Victims of Prison Injustice
Problems of Under-trials;
Abuse and Challenges;
Criminal Procedure Code, Chapter VIII, Sections 106 to 124;

CHAPTER 9 RENDITION OF LEGAL AID;
Corrective Steps;
Preamble of Constitution;
Significance;
The Legal Services Authority Act, 1987;
Preamble;
The Statute Highlighted;
Definitions;
Supreme Court Legal Services Committee;
Functions of the Central Authority;
Functions of the State Authority;
Entitlement to Legal Services;
Free Legal Services;
Lok Adalats;
Section 19;
Status;
Connotation of Terms Used;
Compromise;
Settlement;
Refund of Court Fees;
Public Utility Service;

CHAPTER 10 WOMEN, CHILDREN AND THOSE WITH SPECIAL NEEDS;
Fundamental Duties;
Situation Before Enactment of Modern Laws;
Crimes Against women;
Hindu Succession Act, 1956 (As Amended in 2005);
Status of Female Hindus;
Criticism;
Gender Bias or Inadequacies;
Anti-dowry Laws;
Dowry Prohibition Act, 1961;
Preamble;
Section 2 of the Dowry Prohibition Act;
Stridhan;
Offences with Regard to Dowry and Wife;
Penalties;
IPC Section 406 - Punishment for Criminal Breach of Trust;
IPC Section 304B;
IPC Section 498A;
Nature of Offence;
Domestic Violence Act, 2005;
Preamble;
Domestic Violence - Section 5;
Appraisal;
Significance;
Beneficiaries;
Live-in Relationship;
Status of Children;
Shelter;
Maintenance;
Criminal Procedure Code;
Limitation;
Bar to Relief;
Advantage;
Hindu Adoptions and Maintenance Act, 1956 - Section 18;
Muslim Marriage;
Significant Features;
Other Types of Marriage;
Status;
Prohibitions;
Call for Reforms;
Suggestions;
Nikah Namah;
Punishment;
The Dissolution of Muslim Marriages Act, 1939;
Preamble;
Inadequacy of 1939 Law;
Challenges for Muslim Women;
Comments;
Muslim Women (Protection of Rights on Divorce) Act, 1986;
Comments;
Imrat-e-Shariah;
Child Custody;
Relevance;
Need;
The Hindu Minority and Guardianship Act, 1956;
Family Courts;
Family Court Act, 1984;
Special Features;
Association of Social Welfare Agencies, Etc. - Section 5;
Criticism/Inadequacies;
Sex Determination;
Female Foeticide;
The Medical Termination of Pregnancy Act, 1972 (in short MTP Act);
Abortion Allowed Where;
Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994;
Maternity Benefits;
Maternity Benefit Act, 1961;
Preamble;
Sexual Harassment at Work Place;
What is it?;
Other Forms;
Reasons;
Offences under Indian Penal Code;
Vishaka Guidelines;
Sexual Harassment at Workplace Bill, 2010;
Preamble;
Comments;
Immoral Traffic;
Legal Status;
Comments;
Honour Killings;
Protection Homes;
National Widow Pension Scheme;
Rights of the Disabled;
Types of Disabilities;
Contemporary International Approach;
Mental Health Act, 1987;
The Rehabilitation Council of India Act, 1992;
The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999;
Inadequacies;
Challenges (1llustrative);
Illustrative Case Law;
Rights of Mentally Retarded;
Challenges;
Mentally Ill Deserve a Right to International Year of Disabled Persons 1981;
Mental Health Act, 1987;
Preamble;
Case Law;
Child Labour;
Actual Difficulties;
Sectors Involved;
Child Labour (Prohibition and Regulation) Act, 1986;
Twin Objective;
Employment Banned;
Section 4;
Challenges;
Right to Education;
Article 21A;
Definition;
Criticism;
Street Children;
Rights of Elderly;

QUESTION BANK;
Multiple Choice Questions;
Fill in the Gaps;
Fill in the Gaps;
True or False;
Match the Following;
Model Answers.