ILSA: Bhopal Chapter

CRIL proudly announces that it is now the official Bhopal Chapter of the renowned International Law Students Association (ILSA).


The International Law Students Association is a non-profit association of students and lawyers who are dedicated to the promotion of international law. ILSA provides students with opportunities to study, research, and network in the international legal arena. The organization's activities include academic conferences, publications, the global coordination of student organizations, and the administration of the Philip C. Jessup International Law Moot Court Competition.

ILSA seeks to promote international law; to encourage communication and cooperation among students and lawyers internationally; to contribute to legal education; to promote social responsibility in the field of law; to increase opportunities for students to learn about other cultures and legal systems worldwide; and to publicize educational and career opportunities in international law.

ILSA's primary unit of organization is the ILSA Chapter in the form of a local International Law Society (ILS) at the school level. Lawyers in the field and students whose schools do not have a chapter are encouraged to register as Individual Members. ILSA chapters and individual members receive subscriptions to the ILSA Quarterly and are invited to participate in a number of ILSA events and activities, including ILSA's three annual conferences.

ILSA serves as an umbrella organization for its member chapters. Chapters exist as independent entities, but are also members of the larger ILSA organization. This structure allows chapters to meet the unique needs of its members while still maintaining access to an international network of pooled academic and organizational resources.

ILSA globally administers the Philip C. Jessup International Law Moot Court Competition. Every year, thousands of students from more than 500 schools in over 80 countries participate, making the Jessup the largest moot court competition in the world.

ILSA organizes three conferences every year. ILSA also publishes books and other academic resources on topics related to international law.

THE CRIL TEAM

International Anti- Corruption Day

On the occasion of the International Anti-Corruption Day, Prayatna, working in the area of good governance through RTI and PIL is also a member of TII (Transparency International India) in collaboration with CRIL(Cell for Research in International Law) in  -National Law Institute University (NLIU) organized an interactive session of eminent personalities with youths from various educational institutions. The program was organized at Swaraj Bhawan on 9^th December 2010 at 3.30 pm. Names such as Shri P.P. Tiwari, Chief Information Commissioner, M.P., Shri Surendra Singh, AGP known for his impeccable reputation, Shri Sanjay Dubey, Shri Sanjay Saxena, Smt. Meera Singh, Shri Vijay Manohar Tiwari  and Shri Ajay Dubey were present at the discussion. 

Sh. Tripathi observed that intellectual integrity is important and economic integrity was merely a result. RTI allows a rational man to figure out whether something has been done honestly or not. A man at a public post should have limited privacy. He felt that corruption could go down by almost 50% if people began to feel that their acts could be exposed. Even if they weren't actually punished, a change in the environment would certainly be brought about. He addressed the students and told them that they should not indulge in it and expose it where ever they find it.

Sh. Surendra Singh elaborated upon attitudinal change which could be both curative and preventive. One should stop blaming and accept that all of us are corrupt because often, when a person is receiving the benefits of corruption, such that his work is being done quickly, he often does not accept it as a manifestation of corruption. He further delved into the mean-end debate in context of today's materialistic world. People should be prepared to not accept a preferential treatment. India has a high population and low resources, therefore, merely relying on enforcement of laws has its limitations. He pointed out that a person could be elected to a public office despite allegations against him if the case was sub-judice. Cases in India often take more than a decade to be resolved. He also spoke about the vehement opposition to the Unique Identification Scheme since it would greatly curb the Benami Corruption. He said that the UID will go a long way in getting rid of this culture which according to him was the bone marrow of corruption.

Sh. Tiwari who is a successful journalist shared his experiences about a certain Bagwar village which was idyllic in nature in terms of complete self-sufficiency and therefore, no scope of corruption.

Sh. P.P. Tiwari, Chief Information Commisioner, Madhya Pradesh spoke of the MGNREGS where maximum corruption could be seen but had not been exposed due to lack of motivation and awareness. He said that the labourers were not getting their dues. Even where the corruption was exposed, no action had been taken. Moreover, RTI applications were often misused as a means of blackmail. He elaborated upon the fallacies of S. 27 and S. 28 of the Right to Information Act, 2005. It is an example of excessive delegated legislation where rules were being made ultra-vires to the main Act. This was ruining the main purpose of the Act. 

Sh. Ajay Dubey further elaborated upon S. 28 of the Act which allowed State Legislatures and High Courts to make rules. He asked a fundamental question whether the state legislatures could alter the very essence of the law made by the Centre. He quoted examples from the Madhya Pradesh scenario where the MP High Court made a rule that Rs. 500 should be paid for RTI on a tender and the State Legislature incorporated rules made by the State under S.8 (which speaks of exemptions from disclosure) of the Act. 

This was followed by a question-answer session where the students posed engaging questions to the information commissioner and former IPS officer as to how to oppose corruption when faced with in daily life. Concluding remarks were delivered by Dr. Arya who thanked all our esteemed guests including students and members of the civil society for making the talk a successful venture.

Launch of the Advocacy and Legal Advice Centre (ALAC)

Launch followed by an interactive Session

ORGANISERS:

CELL FOR RESEARCH IN INTERNATIONAL LAW AND PRAYATNA

On 9^th December, 2010, on the occasion of International Anti-corruption Day,NGO, Prayatna, working in the area of good governance through Right to Information and Public interest litigation; a member of TII (Transparency International India), in collaboration with CRIL(Cell for Research in International Law) and National Law Institute University (NLIU) organized an interactive session.

The chief guest for the occasion was Mr. Tiwari, Chief Information Commissioner, Madhya Pradesh. The occasion was also graced by the eminent presence of Mr. Surendra Singh, ADG. There was representative participation from all quarters including the Public departments, media, NGOs and also the young generation represented by the young legal minds from NLIU, Bhopal.

The occasion was also marked by the formal launch of Advocacy and Legal Advice Centre (ALAC) as a joint endeavour of TII, Prayatana and CRIL with a primary objective to fight corruption by providing legal information, advice and assistance to victims and witnesses of corruption, enabling them to know their rights and pursue complaints.

The interactive session resulted in a very healthy discussion and dialogue taking into view the practical niceties of the issue.

Mr. Tiwari identified the Mahatma Gandhi Rural Employment Guarantee Programme as one of the worse examples of corruption in India at a grass-root level which affected the most deprived sections of the society.

Mr. Singh emphasized that curative mechanisms would not be enough to fight corruption and must also be supported by certain preventive mechanisms.

The Benami Culture in India was identified as a “Bone Marrow” of corruption in India and therefore the Universal Identification Number was unanimously agreed to be a welcome change which would curb the menace of corruption.

A zero tolerance agenda against corruption and self- responsibility of the common man were emphasized as primary steps to eliminate corruption.

By the launch of ALAC, the first step towards the campaign against corruption has already been taken; ALAC would be fully operational from the month of February, 2011.

Save the Tiger Campaign

CONSULTATIVE MEET ON SAVE TIGER ON 28.11.2010

ORGANISED BY

CELL FOR RESEARCH IN INTERNATIONAL LAW AND PRAYATNA

This meeting was attended by students from the GoGreen club of MANIT, Bhopal. It addressed the growing concerns of the efforts like Millenium Development Goals, World Wildlife Fund (WWF) and sustainable development not being seriously acted upon. It also highlighted the clash between Tiger conservation and increasing commercial interest of the tourism industry where reserved forest area was being encroached upon because of the growth in tourism in forest areas. Mr. Dubey told us that an   RTI Application has been filed against endangering of core reserve area for tiger habitat due to unsystemized and unrestricted tourism. The three major issues delved into: ®    Tiger Protection ®    Tiger Habitat ®    Tigers in M.P. He further spoke of     development at the cost of nature and how the state appears to support development of unrestricted tourism. He brought to notice that only 276 tigers left in M.P. 6 Tiger Reserves. The  Wildlife Protection Act, 1972 talks about 2 specific areas of a tiger reserve: ®    An inner critical tiger reserve area ®    Outer to it, a buffer zone. He highlighted the inaction of the State government despite disappearance of 35 tigers from Panna, M.P.   No buffer zones had been created. Nor were later created in other reserves. It was alarming to note that only 1411 tigers left only in India. Among his observations, the most important were:

•    International poaching should be checked
•  Tourism should be stopped in Core Areas.
•   Recurrent incidents of tigers (including the events at Panna and Bandhavgarh) being crushed by vehicles are not drawing any concern whatsoever from the authorities, despite media and citizen umbrage.
•     Lack of conviction and intention to implement laws should be checked.
•     Buffer Zone should be notified. Especially in context of:®    Deforestation ®    Illegal mining. 
•   A fresh special tiger conservation plan should be made in the event of non-existence or ineffectiveness of prior special packages by the Central government.
•  The petition filed in the court had also asked for an audit report on the expenditures on tiger conservation. Discrepancies like expenditure of crores on tiger conservation while not spotting tigers for over 3 years in areas were observed.
• Citizens, especially the youth need to highlight their concern effectively and appeal and pressurize the government to take urgent and necessary measures to seriously enforce tiger conservation measures and go beyond mere speeches and conversations only. Urgent and immediate action is required.o       Requirement of active participation of citizens.
•   Misuse of money and non-enforcement of laws were primary reasons behind failure of the Tiger project.
•  Corruption has an entrenched nexus in tiger poaching.

Our faculty in-charge Dr. Raka Arya observed:

•      Sustainable development in general and harmonious development in particular require immediate attention.
•    The entire concept of Tiger tourism at the cost of the lives of the tigers itself is absolutely absurd and draws much concern and anxiety.
•    Duplicity and hypocrisy in a country like India where tigers are being worshipped and being killed ruthlessly and unabashedly seeks condemnation.
•   Original tribal/forest dwellers are well versed with the art of wildlife conservation. However, intruders and external forces lure them with money, benefits and/or other pressure tactics to indulge in poaching and selling of animal parts.
•   It cannot be denied that poaching and selling of animal parts has become a huge and ever-increasing market.
•    Apathy towards and interference in the lifestyle of both the tigers and the tribal/ forest dwellers has resulted in the ultimate deprivation of both.
•   Original tribal/ forest dwellers have been outsmarted and displaced. Fake and ‘on  paper’ dwellers have encroached their area.
•   Accountability of the conservation system and the government is required. The values of environment worship cannot be ignored. Best means and ways to protect tigers should be seriously and urgently implemented.
•   Effective implementation of existing laws needs to be done.
•  Such nexus often involve powerful people from within and outside the government. Therefore, there’s more difficulty in catching and prosecuting the culprits.

The meeting ended with the following conclusions :

o       Preparation of a memorandum of demands for conservation of tigers.

o       Eco-march and arrangement of conversation with government officials.

o       Formation of a citizens pressure group/ forum for interaction on this issue.

o       Regular open to all interactive sessions on tiger conservation.

o       ‘No’ to tiger tourism where the habitat to tigers are adversely affected.

o       Candle-light march demanding saving of tigers.

o       Conducting seminars, talks and like events across schools and colleges.

o       Introduction of special events initiating debate, discussion etc., in college fests.

o       Easy to understand Brochure of tiger conservation laws for circulation amongst the public.

o       Full support of the existing legal movements for tiger protection and conservation.

o       Tiger Protection integrity Pact – wherein government officials may be asked to sign an undertaking to show their solidarity, conviction and act towards tiger protection and conservation.

o       Signatures of citizens on a similar pact.


Please Visit....
http://www.openthemagazine.com/article/nation/crouching-tourists-hidden-tiger

http://m.timesofindia.com/PDATOI/articleshow/7025531.cms 

Group Discussion on Corruption and Development

The Student Discussion

The group discussion took place on the afternoon of the 4th of September and was presided over by Dr. Raka Arya. The discussion was initiated by our President, Ayush Sharma who began by saying that corruption in India has come to a forefront in the light of the Commonwealth Games scandal which makes it an international affair. He mentioned that in the United Nations Convention on Corruption, which India has signed but not ratified yet, there are many provisions which are not in conformity with our legal system. Thus, we find it hard to create a nexus between the two. For instance, the definition of public servant in the convention is much wider than how we use it. Also, there is no action against a corrupt civil servant after his retirement. He further said that we have been unable to internalize many such concepts which have been laid down in the UN convention.

Our Vice-President asked if anybody could point out exactly when Corruption began. The unanimous opinion was that it has existed since time immemorial and in many forms such as embezzlement, bribery, misappropriation of public funds etc. Students pointed out that there were three root causes that have led to the rampant spread of corruption - (a) Lack of Awareness - Can we do something? (b) Cynicism - Will anything change even if we try? (c) Acceptance - This is how the system works and this is the easiest way out. This led to the general conclusion that we have internalized the concept of corruption.

It was opined by the students that awareness should be specially at the grass root levels. Not only about the rights and recourses but also as to what are the benefits of raising their voice. Further, it was stressed that there needs to be an increase in the empowerment of people. Most people turn to dishonest means for the sake of convenience. The government must ensure that people get all there services in a timely and adequate manner.

The discussion next turned towards whether Corruption was directly proportional to Development. Some students opined that with the increase in Development, the scope for Corruption increases, however, others maintained the view, that it is only the increase in development which can actually curb the menace of corruption. The example of the US was quoted which was opposed by a student quoting a report of the year 1998 stating that the level of corruption in the US when it came to arms deals was very high. A student also pointed out that Corruption affects development to and one of the biggest hindrances that India faces is the widespread corruption, that is why despite continuous economic growth, India fails to find its place in the list of developed nations.

It was further commented that economic disparity plays a pivotal role in the increase of corruption. A two-sided effort needs to be made, where the citizens are more assertive of their rights and the Government is more accountable, open and transparent. Increase in E-governance was suggested. It was pointed out that the Central Vigilance Commission is merely an advisory body and what we need today is a stringent and effective implementation of laws. This led the discussion to whether the pioneer of justice - our judiciary itself is free from corruption. The fact that Dinakaran, J. has not been suspended, merely transfered seems to be a proof of the same.

This discussion was concluded by saying that our mindsets need to be changed and more powerful measures need to be suggested in order to deal with corruption on a large scale.

Comments of Dr. Arya


Whereas she felt that the discussion was interesting, she pointed out that a number of things were missing from it. She felt that there was a need to discuss more about Ombudsman, the Right to Information Act and the provisions of the Prevention of Corruption Act.
The public money is given for a particular objective and if it is not used for that purpose then that is where corruption begins.
She further stated that the fundamentals of good governance were Accountability and Transparency. There must be regular declaration of where and how the public funds are used in an annual report or a half-yearly statement. Parties affected by such use have the right to be constantly informed of how these funds are being used. Vested interests for misuse of these funds may range from getting money, status or position. First and foremost we need to identify such an objective.
She differentiated between need and greed. Corruption arises from the need to accumulate wealth. As far as the CWG situation is concerned, she said it was not possible that the head of the ruling party is not aware. They must be held accountable.
There is a need to examine the laws related to corruption, whether they are strong, effective and viable enough. This, she said, would be done in the next group discussion.

GD on Corruption

On the request of the student body, CRIL invites you to a Group Discussion among like minded students on

“Corruption and Development in India”

Corruption, defined as 'the abuse of public power for personal ends', has always existed but during recent decades, however, it has grown both in terms of geographic extent and intensity.  Does development impact corruption? Does corruption stunt development? What are the sites and forms of corruption? Is there a need for a multifaceted approach for curbing corruption? If you are as perturbed as we are about the humiliating state of affairs keeping in view the events of the recent past, then come and join us –

Date: 4^th September 2010

Time: 11.30 a.m.

Venue: Academic Block

You do not need to sit down and listen…This time it is your turn to speak!

Panel Discussion on Fighting Corruption

The Cell for Research in International Law at the National Law Institute University, Bhopal in collaboration with Transparency International, India and Prayatna, an NGO working in the field of the Right to Information organised a panel discussion on “Fighting Corruption and Promoting Governance” on Saturday, 31st July,2010.

The panellists were distinguished personalities like Shri S.C. Tripathi, the former DGP of Madhya Pradesh; Shri K.S.Sharma, the former Chief Secretary of Madhya Pradesh; Dr P.Rajagopal, Chairperson; Ms Anupama Jha from Transparency International, India and Mr Ajay Dubey, Secretary, Prayatna. The panellists expressed that greed and maladministration were the root causes of corruption. They opined that corruption is not taken seriously in India. This was observed in light of the corruption in the upcoming Commonwealth Games, 2010 in New Delhi. It was observed that the laws and the procedures prescribed by them are archaic. A drastic change in the Indian legal system was suggested by the panel. Dr P. Rajagopal discussed the citizen charter and its objective of setting up a responsible government. Mr Ajay Dubey, a well known RTI activist explained the role of RTI Act in fighting corruption. Procedure to file an application under the RTI act was also discussed by him. Mr. Ravindra Jain, the editor of Raj Express enlightened the audience about corruption in public life. By giving examples from real life, he not only had the audiences in splits but also conveyed a very strong message.

Post- lunch, a documentary on corruption in the police department written and directed by Mr. Upendra Verma, himself a former member of the police was screened. Lastly, the most awaited question and answer round took place where students and teachers asked intriguing questions to the panellists resulting in an interactive session. The panellists emphasized that until there is a change in the very nature and behaviour of people at an individual level, rich and poor, young and old alike; it was very unlikely that the malaise of corruption can be nipped into the bud.

On the whole, the discussion was well attended and it turned out to be an informative experience for one and all. We would like to extend our sincere thanks to all the esteemed panellists who spared their valuable time for this event. Not to forget our very own, Dr. Raka Arya, faculty in-charge of CRIL for her constant and unending support which led the event to be a success. We are looking forward for such discussions in the future.

THE CRIL TEAM