Prof. Mushtaq Ahmad's Blog: April 2020

Tuesday, 21 April 2020

Medical Services and Consumer Justice in India:Role of Judiciary for Adopting a Balanced Approach”

Mushtaq Ahmad Dar:“Medical Services and Consumer Justice in India:Role of Judiciary for Adopting a Balanced Approach” I J M T P :7(1-2) January-December 2015.; pp;1-16

Online available: To view full article click the following link:

http://docplayer.net/12327336-Medical-services-and-consumer-justice-in-india-role-of-judiciary-for-adopting-a-balanced-approach.html

MEDICAL SERVICES AND CONSUMER JUSTICE IN INDIA:

ROLE OF JUDICIARY FOR ADOPTINGA BALANCED APPROACH

Mushtaq Ahmad Dar

Abstract:

The Consumer Protection Act is a milestone in the history of social welfare legislations for the protection of rights of consumers in India. The Act has been hailed as a Magna Carta for the benefit of consumers. This is indeed a very unique and highly progressive piece of social welfare legislation. It is applicable to all kinds of services and negligent doctors cannot claim immunity for being members of a noble profession. There is no justification in a welfare state to exonerate a doctor or a medical practitioner from liability from negligence while serving in a government hospital or nursing home simply on the ground that his salary is being paid by the government and the user of such services pays no charges. What is important is not the consideration, but the way of conducting and discharging duties in such a manner as would be expected from a prudent contemporary in a similar situation having access to similar facilities and in know of the principles of such a practice in general. If the medical professional fails to keep up to these standards in a particular case, it would be a case of negligence entailing liability of the professional person under civil and criminal laws. In this article an attempt has been made to discuss the applicability of Consumer Protection Act to medical professionals working in government and private hospitals, importance of consideration in such contracts and the liability under criminal law. The role of consumer disputes redressal agencies, High courts and the Supreme Court for the effective implementation of this social welfare legislation for protection of consumers’ interest vis-a-vis medical professionals would also be evaluated. Why not to safeguard the interests of both patients as well as doctors?

Keywords: Medical Services, Consumer Protection Act, Fee and Tax, Negligence, Private & Govt. Hospitals, Judicial Approach.

I J M T P : 7(1-2) January-December 2015, 1

Monday, 20 April 2020

CASE COMMENTS: CONSTITUTION 73rd AMENDMENT, DEMOCRATIC DECENTRALIZATION AND PANCHAYATS: LEGISLATIVE COMPETENCE & JUDICIAL RESPONSE Comments on historical case of State of UP v Pradhan Sangh Kshethra Samiti, AIR 1995 SC 1512

Web-Link: Click the following link to view full article/case comments.

CONSTITUTION 73rd AMENDMENT, DEMOCRATIC DECENTRALIZATION AND PANCHAYATS: LEGISLATIVE COMPETENCE & JUDICIAL RESPONSE Comments on historical case of State of UP v Pradhan Sangh Kshethra Samiti, AIR 1995 SC 1512.

JOURNAL: Vitasta Law Journal (Vol. 1, No. 1, 2011, Pg. 193-198).
Published by Vitasta Law College

ISSN: 2277-5234
CONSTITUTION 73rd AMENDMENT, DEMOCRATIC DECENTRALIZATION AND PANCHAYATS: LEGISLATIVE COMPETENCE & JUDICIAL RESPONSE :
Comments on historical case of State of UP v Pradhan Sangh Kshethra Samiti, AIR 1995 SC 1512.

Mushtaq Ahmad

Abstract

For the success of Panchayati Raj system more than the cooperation of the State Government sand the Central Government, the Judiciary has to play its effective role to make thissystem more vibrant. The suppression of Panchayati Raj Institutions(PRIs), election disputes, investing Panchayats with judicial power, Panchayat’s power to levy tax, disqualification of members, and other related issues are the crucial aspects which have a bearing on the development of our future political process. The judiciary in India has been setting things right whenever Legislatures have been acting arbitrarily. Under these circumstances the judicial intervention in matters relating to Panchayats has become necessary. In this paper an attempt has been made to discuss briefly the role of the judiciary in upholding the principles of democratic decentralization.

Sunday, 19 April 2020

Law On Consumer Services (2003 Ed.)

BOOK: Law On Consumer Services (2003 Ed.)

By Mushtaq Ahmad Dar & Farooq Ahmad

Pages: 363

Published by: Valley Book House - Srinagar, J&K (India)

ISBN: 81-86592-14-8

________________________________________________________________________

ABOUT THIS BOOK

Consumerism in India is the by-product of the industrial development on the one hand, and the constitutional mandate of social justice, on the other hand. Although a number of legislations were passed for the protection of consumers but it has been found over a period of time that they had not been effective to protect the interest of consumers. The reason being that they were dealing with only one particular aspect of the consumer concern i.e., the goods. Like goods, services were also sold to the consumers. But in the absence of a comprehensive statute dealing with services, the consumers were subjected to unscrupulous exploitation by traders and also by organisations providing various forms of services for payment of consideration. In order to protect the consumers, Indian courts were applying the principles of Common Law of Contract and Torts. But the concept of consumer, as it is understood in modern times, was unknown till recent past. Legal process was often used by the rich to exploit weak and helpless. The Indian market was ruled by the dictum of Caveat Emptor. With the adoption of the Constitution in Nov., 1949, the aspirations of the people of India found an explicit expression in the Preamble coupled with Fundamental Rights and Directive Principles of State policy. In its march towards achieving the avowed goals enshrined in the Directive Principles of State policy, the legislators had enacted the MRTP Act, 1969 and the term service was defined. The MRTP Commission being situated only in the capital of the country and the consumers seeking redressal being spread all over the country, to bring justice to the door steps of the consumers, the C.P. Act, 1986 was added to the statute Book. To give inexpensive and speedy justice to the consumers, the C.P. Act provides for setting up of a hierarchy of quasi-judicial forums at the District, State and National levels. The C.P. Act has been hailed as a Magna Carta on consumer protection and a leap in the history of the socio-economic legislation in the country. Although, the C.P. Act is applicable to both ‘goods’ as well as ‘services’, the present study titled, “Law on Consumer Services”, deals only with the services expressly or otherwise to be read implied in the C.P. Act. For the purposes of C.P. Act, the term service under section 2(1)(0) has been defined to mean service of any description which is made available to potential users and makes it clear that it takes in its sweep any service rendered by public sector, private sector and professionals. At the initial stages, these organisations were claiming complete immunity from their governance by the C.P. Act. The Consumer Forums, however, have appreciably stood the test of time and have brought all these organisations within the ambit of the C.P.Act. In a landmark judgment in Lucknow Development Authority v. M.K. Gupta [AIR 1994 SC 787], the Supreme Court held that the entire purpose of widening the definition is to include in it not only the day-to-day buying and selling activity undertaken by a common man but even to such activities not commercial but professional or service oriented in nature. Thus it can be inferred that the C.P.Act is not only applicable to the categories of services enumerated in the definition but it extends to those services which can fairly and reasonably be read as implied in the definition whether rendered by public sector, private sector or professional persons. No doubt the Supreme Court lend its helping hand to protect the users of consumer service and gave the consumer movement a new direction but the improper, inadequate and faulty services rendered by these organisations have failed to meet the aspirations of the people. There are still many short-comings in the C.P.Act which need to be rectified. Keeping this in view, the present study has been designed on the same lines.

Today consumer is in need of adequate protection against not only undertakings run under the auspices of a department of the State or by corporation owned and controlled by the State but also against private supplier of services. The C.P. Act is the most important piece of legislation which has introduced the notion of deficiency of service and made it an actionable wrong. The term service under section 2(1)(0) not only covers public sector services but also services rendered by the private sector as well e.g. housing construction, financing, courier, education etc. The definition of the term service had already been kept very wide and now with the inclusion of the term housing construction by the C.P. (Amendment) Act, 1993, it has been further widened. Even before the amendment the expression service had been interpreted by the apex Commission to include housing. The performance of State Housing Boards has been highly unsatisfactory. There have been allegations of sub-standard constructions, arbitrary raising of price and inordinate delay in allotment of flats or plots. Since the housing services are being rendered not only by Statutory Boards but also by the private builders or contractors, consumer forums have awarded not only the value of services but also compensation for the injustices suffered by the consumers. However, it has been observed that the Commission has refused to entertain complaints of class action suits (which contain the same questions of law and fact) relating to housing on the ground that issues raised were complicated questions of law and fact. Consequently, what has been given by legislature as a facility to the consumer has been taken away by the apex Commission. The State Commissions, on the other hand, have entertained complaints filed by several consumers in a representative capacity. However, directions have been issued under the C.P. Act for removal of latent defects which could not have been known at the time of taking possession of the house or land. The fact that the house allotted had signed a declaration at the time of taking over possession that ‘the house was complete in all respects’ was held not to constitute any estoppel against recipient and the complainant has been entitled to all the expenditure incurred for removing such defects. By this ruling of apex Commission consumer of housing service are likely to be greatly benefited. Those rendering housing services have been allowed to increase charges equal to the amount of cost escalation provided there has been no inordinate delay on their own part in which case escalation during the period of delay may not be allowed. The demand of a reasonably moderate escalation is not a deficiency in service, it would be so if it has been in the nature of an unscrupulous exploitation of the consumers. This approach seems to be justified because of the fact that inordinate delay, arbitrary and exorbitant increase in costs are all consumer wrongs and therefore, jurisdiction of Consumer Forums cannot be denied on these matters.

The C.P. Act does not expressly include education in the definition of service. The question that arose for consideration vis-a-vis application of the C.P. Act was whether educational institutions render service to the students and whether the conduct of examinations, re-evaluation and rechecking of answer papers, delay in declaration of results etc. for a prescribed fee can be a service? In view of the apex court’s observation in Lucknow Development Authority v M. K. Gupta, it can be safely said that education is a service offered by the Government or the private institutions for consideration. The National Commission did not delve on the larger issue as to whether education constitutes service, but conflicting opinions were expressed by the State Commissions on this point. From these discussions two points emerge. First, majority of the CDRAs augmented by the apex court’s opinion are of the view that education is a service and complaint against any deficiency can be entertained by the Redressal Agencies. Second, examination process, re-checking, re-evaluation cannot qualify for the service and any infirmity in such process cannot be looked into by the Consumer Forums. However, it has also been observed by some State Commissions that education in the modern world is a complex service, consisting of several distinct operations starting from the admission and ending in public examination. The time has gone when education was treated as a mission and vocation rather than profession, trade or business. There is a mushroom growth of institutions who make lofty but false claims about the affiliation, recognition, facilities and job prospects with a view to allure the unemployed youth and thus mint money. Thus placing educational systems outside the purview of the C.P. Act will do more harm than good to the society as a whole. A large number of cases decided by the Consumer Forums against schools, colleges, universities and other institutions imparting education sufficiently points out that these institutions shall have to be accountable towards the students in the future. The whole discussion leads us to the conclusion that the applicability of the C.P. Act to various services (whether expressly mentioned in the definition of service or not) has proved boon for the consumers in India. There is a greater demand for accountability not only to the private and public sectors but also to professional persons. Unscrupulous businesses, unethical professionals and non-responsive governmental undertakings have started facing wrath of the consumers and their organisations who are now demanding much better treatment for the ordinary citizen.

Panchayati Raj Institutions in India: Law, Policy and Practice (2010 Ed.)

BOOK: Panchayati Raj Institutions in India: Law, Policy and Practice (2010 Ed.)
By Mushtaq Ahmad
Pages: 523

Published by: Dilpreet Publishing House - New Delhi

ISBN: 978-81-86762-43-1

Web Link (published Thesis in the form of book):

http://hdl.handle.net/10603/140866net/10603/140866

_______________________________________________________________________________

ABOUT THE BOOK

The book is immensely useful to the Panchayati Raj functionaries (officials and representatives), teachers, scholars and and members of legal profession. It is equally useful to the students of Law, Political Science, Public Administration and Rural Development. First empirical work on the role of Panchayati Raj Institutions in the amelioration of the socio-economic conditions of the economically weaker sections of the society. The book presents an exhaustive commentary on the Constitution 73^rd Amendment , socio-historical and Constitutional perspective of Panchayats in India , judicial response to democratic decentralization, socio-economic justice through Panchayati Raj Institutions, institutional framework of Panchayats, NREGA and other poverty alleviation programmes, J&K Panchayati Raj Act(1989), J&K Panchayati Raj Rules(1996), and other relevant laws. The provisions of all the Central and State legislations have been discussed with deep and intensive analysis in the light of cases decided by the Supreme Court and High Courts. All the Central and J& K State legislations with latest amendments are also appended to this book. The book presents an integrated view of the Panchayati Raj legislations in India.

PREFACE

The Constitution of India envisaged organisation of Village Panchayats with such powers and authority as may be necessary to enable them to function as units of self-government (Art. 40). Consequently, most of the States enacted the Panchayati Raj Acts and Panchayati Raj institutions (PRIs) were constituted but they could not live upto the expectations. The interest in and support for Panchayati Raj, however, did not last long due to various reasons. Keeping in view the past experiences, it became imperative to provide constitutional status to local self-government to impart continuity, certainty and strength. Thus, the Constitution 73rd (Amendment) Act, 1992 came into effect which envisages states to establish a three-tier system of strong, viable and responsive Panchayats as effective instruments of socio-economic transformation .

Traditionally, as in the rest of the country Panchayats existed in Jammu and Kashmir. Statutory recognition to Panchayats as an institution of local self-government dates back to the 1930’s when the Maharaja’s Government promulgated the Jammu and Kashmir Panchayati Regulation Act in 1935. Since the basic idea behind the institution of Panchayats was to maintain a sort of vigilance over village affairs on behalf of Maharaja’s Government, these grassroot level institutions were highly misused by the government to harass and exploit the villagers and the ignorant people in rural Kashmir. However, in post-independence era, ‘land to tiller’ provided a sound base for the Panchayati Raj system to play an effective role in re-shaping rural economy. Various Acts were passed by the State Legislature from time to time. But the manner of implementation made them open to manipulations by vested interests and the story remained the same. The initial enthusiasm did not last long. Various steps were taken to carry on the ideals of democratic decentralization and consequently, the J&K Panchayati Raj Act, 1989, appeared on the socio-political scenario, raising new hopes for the participation of people in the economic and democratic process at the grassroot level. Jammu and Kashmir is one of the sates of the country where illustrative list of powers, functions and responsibilities has been assigned to Panchayati Raj institutions (PRIs). Statutory provision of a three-tier system looked impressive but experience shows that impact of policies and programmes depend upon the capacity of the institution responsible for planning and implementing them.

The present book examines critically the socio-legal aspects of Panchayati Raj legislations in India and assesses the functioning of PRIs in Jammu and Kashmir. The point of view is that of a student of Law, although there are implications for other social science students and practitioners.

Chapter I deals with the introduction. It presents the need for the study, problem for investigation, objectives, hypotheses, brief profile of study area and methodology adopted. Chapter II deals with the genesis of Panchayati Raj system in India. This Chapter depicts the historical growth of Panchayati Raj in India from its inception to the present day and the reasons which prompted the Parliament to provide Constitutional status to Panchayati Raj Institutions by enacting Constitution 73rd (Amendment) Act, 1992. Chapter III is devoted to trace the historical growth of Panchayati Raj system in Jammu and Kashmir and analyse the various legislations passed from time to time. Chapter IV deals with the policy perspective of Panchayati Raj during the British period and the Constitutional policy of post-independence period. Chapter V deals with the role of judiciary in interpreting the constitutional provisions and their impact on local self-government. Chapter VI presents a critical analysis of institutional framework of Panchayati Raj as envisaged under the Jammu and Kashmir Panchayati Raj Act, 1989. Special attention has been focused on various provisions of the Act dealing with the powers and functions; financial resources; Panchayat elections; Panchayati Adalats; representation to women and the role of PRIs in rural development. Chapter VII comprises the findings based on extensive field work, examines the functioning/working of PRIs in Jammu and Kashmir. This Chapter has been divided into two parts—Part I presents the peoples’ perception, Part II presents the officials’ perception of the working of PRIs. Chapter VIII deals with observations, suggestions and conclusion. It presents a brief and precise theme of discussions made in the preceding chapters. In the last part of the book various Constitutional Amendments, Central Acts and State Acts of J&K relating to Panchayats are also enclosed as appendices.

I take this opportunity to express my deep sense of gratitude to all my teachers, colleagues and friends for their continuing guidance and encouragement for the compilation of this book. I respectfully invite suggestions for removal of errors, if any, and for improvement of the book from all who may have an opportunity to go through it .

Mushtaq Ahmad

(LL. M, NET, Ph. D)

Professor (Law)

Directorate of Distance Education

University of Kashmir

Political and Legal Empowerment of Women in India with Special Reference to the Panchayati Raj System in the State of J&K (Indian Bar Review) 2017 Vol. XLIV (1)

Journal: Indian Bar Review
Mushtaq Ahmad, Uzma, Nayeem: Political and Legal Empowerment of Women in India with Special Reference to the Panchayati Raj System in the State of J&K ;Vol. XLIV (1) 2017 ;pp.77 - 102. Article (05).

CLICK THE LINK OF BAR COUNCIL OF INDIA:

http://103.25.172.19/bar-council-trust/indian-bar-review.php

Published by: Bar Council of India Trust - New Delhi

ISBN: 978-81-931981-0-0

________________________________________________________________________________

Political and Legal Empowerment of Women in India with Special Reference to the Panchayati Raj System in the State of Jammu and Kashmir[1]

Dr. Mushtaq Ahmad[2]

Uzma Qadri[3]

Nayeem Ahmad Bhat[4]

ABSTRACT

Discrimination against women or inequalities between men and women has now become global issue.. There are no reliable estimates of the extent and magnitude of women trafficking and commercial sexual exploitation.women is considered as a liability because of its faulty customs, traditions , lack of education, financial instability and the lack of her own interest.In fact Government had adopted such policies which motivate women to take part in every social, economic and political task. To understand rather to improve the status of women, she herself should be ready for up-gradation of her position. Bringing women into politics through reservation of seats in the Panchayat Raj institutions and providing constitutional status was an act of positive discrimination. And these arealso the reasons behind popularity of women empowerment in the State of Jammu & Kashmir. The data on political participation of women is of immense use for planners and policy makers which helps them to evolvebetter schemes and programmes. The quantitative data on women participation is easy to measure in Jammu and Kashmir and has a long history ofrecording gender statistics for political participation. The challenge is to measure the actual participation of women and filter out the problem of proxy participation which may be prevalent at the grass root level. Efforts are being undertaken todevise measures which would give a truer picture of women's participation in local level politics. This paper traces the position of women in a historical perspective, reviews the gender ideology behind the status of women and their politico-legal empowerment. It also analyzes the political and legal status of women with special emphasis on the Panchayati Raj System in vogue in India and J&K.

Key Words:Gender justice, Law, Panchayats, Women empowerment, United Nations

[1] The Present paper is the part of major research project titled “Political Empowerment of Women through Panchayati Raj Institutions in Kashmir: Socio-Legal Dimensions” sanctioned by UGC. The financial assistance received for undertaking this project is acknowledged.

[2] Professor, (Law) & Co-ordinator (Law) Directorate of Distance Education, University of Kashmir and Principal Investigator UGC Major Research Project.

[3] Project Fellow UGC -MRP & Research Scholar, Department of Law, University of Kashmir.

[4] Junior Research Fellow pursuing Ph.D., on the topic ‘Empowerment of Women through Labour Welfare Legislations in the State of J&K; Socio-Legal Dimensions.” under supervision of PI, Department of Law, University of Kashmir.

Education: A Milestone for Political Empowerment of Women with Special Reference to Panchayats in J&K (Journal: Religion and Law Review) (2016)

Education: A Milestone for Political Empowerment of Women with Special Reference to Panchayats in J&K (Journal: Religion and Law Review), Vol. XXV No. 01 & 02 - 2016

ISSN: 0971-3212

(published by Institute of Objective Studies - Jamia Nagar, New Delhi)

Journal: Religion and Law Review

Editor: Prof. M. Afzal Wani

Mushtaq Ahmad, Uzma, Nayeem- Article 05: Education: A Milestone for Political Empowerment of Women with Special Reference to Panchayats in J&K (Pg. 65 - 106)

Web Link: http://oldwebsite.iosworld.org/journalpage3.htm

http://www.iosworld.org/

_________________________________________________________________________________

EDUCATION: A MILESTONE FOR POLITICAL

EMPOWERMENT OF WOMEN WITH SPECIAL

REFERENCE TO PANCHAYATS IN JAMMU

AND KASHMIR*

Dr. Mushtaq Ahmad[1]

Uzma Qadri[2]

Nayeem Ahmad Bhat[3]

I. Introduction

The status of women varies from country to country and even within a country. It also varies within the locality (rural / urban), religion, caste and community. It manifests in terms of level of education, occupation, income, restrictions imposed in their activities and financial independence. To understand the Indian scenario, history is witness to the fact that there were distinct stages of rise and fall of the status of women. Constitution contemplates a social revolution, brought about through the use of law as an instrument of social change. The attainment of equality for status for women was one of the specific objectives implicit in the preamble, the fundamental rights, and the directive principles of state policy. The heterogeneous nature of Indian society with economic and social inequalities influences the status of women. In spite of several measures women’s status in India remains in a deprived condition. Mahatma Gandhi, a great crusader for the emancipation of women in India, wrote, “I am uncompromising in the matter of women’s rights. In my opinion she should labour under no legal difficulty not suffered by men”. The report of the Committee on the Status of Women (1975) in India criticized the Indian state that had failed in its constitutional obligation of not discriminating on the grounds of gender. The committee strongly recommended for reservation of seats for women in political institutions and decision- making bodies at national, state and local self-government institutions at the grassroots level.

The issue of women empowerment has received perhaps most attention in today’s development debate which is fairly reflected in contemporary literature. Development is a multi-dimensional process which involves not an acceleration of economic growth to reduce inequality and eradicate poverty, but progression of a traditional society towards modernization and much towards the ideas of democracy. Social and economic developments reinforce and are dependent on one another for full realization. Empowerment is an active process; power cannot be given to them easily. It has to be acquired and when once acquired, it needs to be exercised and sustained. It is a growth process that involves intellectual enlightenment, economic enrichment and social emancipation of women folk. The continuing exclusion of women from many economic and political opportunities is a continuing indictment of modern progress. Several indicators such as decline in sex ratio, maternal mortality rate, improper and unequal health care for women and girl children continue to exist.Of all the indicators, education of women seems to be one of the basic indicators which can determine their fate in socio-economic and political spheres. Education improves the status of women within the family as well as in society. So we cannot ignore the importance of women’s education in reference to women empowerment in Jammu and Kashmir and helping the women to grow in political field and in turn will reap the socio-economic benefits. The present paper is attempt in this direction to highlight the importance of education as a basic indicator of women’s empowerment and their participation level in political institutions with special reference to political empowerment through grass-root level institutions in Kashmir region of J and K State.

Savitribai Phule - Pioneer of Women Empowerment (Indicator of Political Empowerment of Women: A Comparative Study of Kashmir)

ISBN: 978-93-85968-70-2

(published by Avni Publications - New Delhi) - Pages: 400, Dated: 2017

Savitribai Phule - Pioneer of Women Empowerment, (Edited by Prof. Gopu Sudhakar)

Mushtaq Ahmad, Uzma, Nayeem- Chapter 1: Indicator of Political Empowerment of Women: A Comparative Study of Kashmir Region of J&K (Pg. 01-34)

Amazon: https://www.amazon.in/Savitribai-Phule-Pioneer-Women-Empowerment/dp/9382968709

Flipkart: https://www.flipkart.com/savitribai-phule-pioneer-women-empowerment/p/itmf2shdhzsbg8y

_________________________________________________________________________________

1. INDICATORS OF POLITICAL

EMPOWERMENT OF WOMEN:

A Comparative Study of Kashmir

Region of J&K1

Mushtaq Ahmad2

Uzma Qadri3

Nayeem Ahmad Bhat4

ABSTRACT

Empowerment as a process enables women to move from state of gender inequality to the state of gender equality in the society. The empowerment spiral transforms every person involved – the individual, the collective and the environment. The present paper is a comparative study and highlights the Gender Inequality Index (GII), J&K State’s Human Development Index and other socio-economic indicators like demographic status, work participation, health status, literacy level of Kashmiri women with reference to political participation at Panchayat Level. The change in social status among elected women representatives (EWRs) of Panchayats has brought a feeling of empowerment, especially when people approach them for any help at local governance level. The issue here is whether EWRs and Panchayats Kashmir Region can play an effective role in the socio-economic and political empowerment of all weaker sections especially women in villages. This study attempts to analyze the effectiveness of empowerment of women in social, economic and political spheres and highlight the issues, constraints, and challenges therein. Lastly, the authors reach to the conclusion that women’s empowerment is not against men, but against the system of patriarchy and all its manifestations.

Key words: Women, Indicators of Empowerment, Kashmir Region, Panchayats & Political Empowerment

1. The Present paper is the part of major research project titled “Political Empowerment of Women through Panchayati Raj Institutions in Kashmir: Socio-Legal Dimensions” sanctioned by UGC. The financial assistance received for undertaking this project is acknowledged.

2. Professor (Law) & Co-ordinator (Law), Directorate of Distance Education, University of Kashmir and Principal Investigator UGC Major Research Project.

3. Project Fellow UGC -MRP & Research Scholar, Department of Law, University of Kashmir.

4. Junior Research Fellow pursuing Ph.D. under supervision of P.I, on the topic ’Women Empowerment and Welfare Legislation's” Department of Law, University of Kashmir.

Panchayati Raj institutions in India (2009 Edition)

ABOUT THE BOOK

First empirical work on the role of Panchayati Raj Institutions in the amelioration of the socio-economic conditions of the economically weaker sections of the J&K State. The book presents an exhaustive commentary on the Constitution (73^rd Amendment) Act, 1992, J&K Panchayati Raj Act, 1989, J&K Panchayati Raj Rules, 1996, NREG Act, 2005, and other related legislations. The provisions have been subject to deep and intensive analysis in the light of cases decided by the Supreme Court and High Courts.

The book is immensely useful to the Panchayati Raj functionaries (officials and representatives), Rural Development Professionals, teachers, scholars and students of Law, Political Science and Rural Development. The book presents an integrated view of the Panchayati Raj legislations in India with special reference to J&K State.

Published by,
AMICUS Books-Srinagar (J&K)
Dated: 2009

Saturday, 18 April 2020

EDUCATION SERVICES AND CONSUMER PROTECTION ACT: CONFUSION AND DIVERGENCE IN JUDICIAL RESPONSE IN INDIA

Mushtaq Ahmad : Education Services and Consumer Protection Act: Confusion & Divergence in Judicial responseVol. XL(4) 2013, PP:41-64 INDIAN BAR REVIEW, International Journal , Refreed/Peer Reviewed, INDEXED JOURNAL : BY The Indian Law Institute , Worldcatetc. Published By: Bar Council of India, New Delhi.

Abstract

Due to its large population and cultural ethos, India is home to the largest group of potential

consumers of education services in the world. The government has correctly identified

greater private participation as a method to increase the efficiency of spending. This has

resulted in greater outsourcing by government to the private sector and also more robust

private models to participate directly in this sector. Flexible regulations and a weak

government structure have resulted in a weak structure of education in India. The private

sector remains unorganised and fragmented, while the government institutions have a

significant infrastructure deficit.. The institutions that make false claims about recognition,

affiliation and other education related support services and charge high fee are not interested

to share responsibilities of a service provider. They are taking advantage of confusing and

divergent verdicts expressed by Consumer Forums and higher judiciary. The students are

the ultimate sufferers of poor delivery of services. The purpose of this paper is to discuss

the issue that education is a complex service from admissions to examination stage,

discharged by both public and private institutions. Therefore, the issue whether any

component is a service cannot be delinked from the broader issue that education is a

service under the CP Act and also that these complex issues should be examined in an

integrated way. Undoubtedly, private educational institutions are a necessity in the

present day context. But they must be allowed to do so under strict regulatory mechanism in

order to prevent such institutions from indulging in unfair trade practices. These are some

of the basic issues which are discussed in light of the conflicting decisions of Consumer

Fora, High Courts and the Supreme Court.

Key words: Education services, students as consumers, statutory service or facility,

conflicting decisions

Delhi Law Review (DLR) - Vol. XXX (2011)

PANCHAYATI ADALATS IN J&K

http://lawfaculty.du.ac.in/files/DelhiLawReviewPreviousEditions/DLR%202011.pdf

Democratic Decentralization and Social Justice through Panchayati Raj Institutions: The Constitutional Perspectives”, In Ziyanddin & Kasi (Ed.) ‘Dimensions of Social Exclusions: Ethnographic Explorations’. Cambridge Scholars Publishing(CSP) , United Kingdom(UK) 2009 ,pp.129-140.Dimensions of Social Exclusion : Ethnographic Explorations

Mushtaq Ahmad Dar " Democratic Decentralization and Social Justice through Panchayati Raj Institutions: The Constitutional Perspectives”, In Zia & Kasi (Ed.) ‘Dimensions of Social Exclusions: Ethnographic Explorations’. Cambridge Scholars Publishing(CSP) , United Kingdom(UK) 2009 ,pp.129-140.

ACADEMIA.EDU.IN:
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Two Day National Workshop Report on Role of Academic Counselors in Open and Distance Learning System (By Mushtaq Ahmad Dar & Showkat Rashid)

Workshop Report: Two Day National Workshop Report on Role of Academic Counselors in Open and Distance Learning System; Vol. 21,No. 02, 2012, pp.87-91.

(By Mushtaq Ahmad Dar & Showkat Rashid)

THE COMMUNICATIONS- Journal of Applied Research in Open and Distance Education
ISSN: 0975-6558

http://ddeku.edu.in/Files/2cfa4584-5afe-43ce-aa4b-ad936cc9d3be/Journal/7522e00b-ea27-44fc-be03-f7ce94553196.pdf

Citation:

Authors : Mushtaq; Ahmad; Dar; Showkat Rashid Wani;

Title Publication :Two Day National Workshop Report on Role of Academic Counselors in Open and Distance Learning System

THE COMMUNICATIONS Journal of Applied Research in Open and Distance Education.

-ISSN: 0975-6558;

Volume 21,

Number 2,

Pages 87-91

Year 2012

Publisher: "Directorate of Distance Education, University of Kashmir,Full articleÂ â€¦"

03.Quality Assurance and Distance Education System: Problems & Challenges”. Vol.1,No.2,2010 pp.28-39. ONLINECONTENTS:http://www.ijonte.org/?&Bid=459749&/2010-Volume-1-Number-2 FULL ARTICLE PDF :http://www.ijonte.org/FileUpload/ks63207/File/03._ Mushtaq Ahmad Dar & Sabina Yasmin - IJONTE (http://www.ijonte.org)

Mushtaq Ahmad Dar & Sabina Yasmin

“Quality Assurance and Distance Education System: Problems & Challenges”.Vol.1,No.2,2010;pp.28-39. International Journal on New Trends in Education & Their Implications(IJONTE), The Turkish Online e- Journal of Distance Education;

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