Anti-Corruption

Corruption has an awful impact on society. FHRAC is the leading anti-corruption Forum in India, with its focus on preventing, exposing and responding to corrupt conduct and corruption risks in public and all levels of government. Think you are safe from the Foreign Corrupt. FHRAC Forum on Anti-Corruption delivers advanced and practical insights on the latest anti-bribery and corruption enforcement initiatives, global anti-corruption compliance strategies and benchmarking opportunities for the anti-corruption compliance community. We believe as a citizen we are all equally responsible for the corruption to be present in the society; either with their silence or by indulging in corruption either to avoid their job or to gain benefits for their personal gratification.

FHRAC specialized agency responsible for collection of intelligence with regard to corruption, maintaining liaison with the various Departments of Government through their Vigilance Officers, enquiries into complaints about bribery and corruption, investigation and prosecution of offences pertaining to bribery and corruption and tasks relating to preventive aspects of corruption. The FHRAC handles all cases registered under the provisions of Prevention of Corruption Act, 1988. Besides this, the FHRAC conducts enquiries based on the information/petitions received from various agencies like Government, Lokayukta, etc. and also on the information/petitions received from the public containing specific and verifiable allegations of corruption against Public Servants.

General Information

Social Movements in Colonial India

• South Asia Human Rights Documentation Center (SAHRDC), A Step in the Rights Direction, New Delhi: Tata Mcgraw Hill,2000

Human Rights Post Independence

• ADM Jabalpur v. Shiv Kant Shukla (1976) 2 SCC 521

• Chhaya Patel (ed.), Social Development and Strategies, New DELHI: Sage Publications,2001

• John Samual, Infochange News and features, June 2003, http://www.infochangeindia.org/HumanIbp.jsp#06

• Smitu Kothari and Harsh Sethi(ed.), Rethinking Human Rights: Challenges For Theory And Action, New York: New Horizon Press and Delhi: Lokayan,1989

• South Asia Human Rights Documentation Center (SAHRDC), A Step in the Rights Direction, New Delhi: Tata Mcgraw-Hill,200

Evolution of the NGO Movement in India

• G. Haragopal,'The State of Human Rights in the Last Decade of 20th Century: Reflections on Vienna Conference' Nabakrishna Choudhary Memorial Lecture, Institute for Study of Society and Culture, Sambalpur, Unpublished paper

Historical Development of Human Rights

• KatherineT.Bartlett and Angela Harris(ed.), Gender and Law: Theory, Doctrine, Commentary, New York: Aspen Publications third Edition,2002.

• Living the Legacy: The Women's Rights Movement 1848-1998 http://www.legacy98.org/move-hist.html

• Modern History Sourcebook, The Declaration of Sentiments, Seneca Falls Conference,1848 http://www.fordham.edu/halsall/mod/Senecafalls.html

Gender Bias in Labour Laws

• Maternity Benefits Act,1961

• Neeru Chadha,'Levelling the Workplace for Women Workers: Equal Remuneration and Maternity Benefits',in Amita Dhanda and Archana Parashar, Engendering Law: Essay in Honour of Lotika Sarkar, Lucknow: Eastern Book Company,1999

• Rohini Hensman.'Import of Technological Change on Industrial Women Workers'in Nivedita Menon(ed.), Gender and Politics in India, New Delhi: Oxford University Press,1999

• Sadhana Arya, Women, Gender Equality and the State, New Delhi: Deep & Deep Publications Pvt Ltd,2002

Implications of Gendered Labour Laws

• Renana Jhabvala,'Brining Informal Workers Centrestage', Renana Jhabwala, Ratna M.Sudershan, Jeemol Unni, Informal Economy Centrestage: New Delhi: Sage Publications, 2003

• Rohini Hensman,'Import of Technological Change on Industrial Women Workers'in Nivedita Menon(ed.), Gender and Politics in India, New Delhi: Oxford University Press,1999

Latest on Laws

1. Administrative Tribunals Remedies of Govt. Servants under administrative Tribunals Act Rules in 2 votes 3rd Edn. 2004

2. Advocates Act Commentaries on the advocates act with bar council rules (Central & States) & Allied Laws, 2nd Edn. 2004

3. Banking Regulation Commentaries on Banking Regulation Act & Allied Banking Laws (with late's Amendments) along with Securitisation And Reconstruction of financial assets and enforcement of security interest act, 2002 2003

4. Boiler Regulations Commentaries on Indian Boiler Regulations, 1950 1st Edn (with Supp. Amendments) 2002

5. Central acts & rules Manual of central acts & Important Rules, with short comments (civil, criminal, Taxation & Labour), in 22 Votes. Containing over 300 acts (full set Ready) 11th Edn. 2004

6. Central Excise Commentaries on Central Excise Act, Rules, Notifications, forms & central Excise Tariff Act, in 2 votes 6th Edn. (Revised Edn.) with Supp. Amendments including finance Act. 2000) 2000

7. Citizenship & Foreigners Act Commentaries on citizenship, foreigners & passport acts with rules & Allied Laws, 1st Edn 2004

8. Civil Procedure Code of Civil Procedure as amended by the code of civil procedure (Amendment) Act, 1999, and the code of civil procedure (Amendment) Act, 2002 3rd Edn (Abridged Edn.) (with supp.) Code of Civil procedure as amended by The code of Civil Procedure (Amendment) Act 1999 & The code of civil Procedure (Amendment) Act, 2002 (Effective from 1st July 2002) (Paper Block 2002 2003

9. Civil Procedure Code of Civil Procedure as amended by the code of civil procedure (Amendment) Act, 1999, with The code of Civil Procedure, (Amendment) Act, 2002 (Pocket Edn). 3rd Edn. 2003

10. Company Precedents Company precedents in India, 3rd Edn. (with supp.) 2000

11. Compensation Assessment of compensation under Motor Vehicles Act, along with Motor vehicles amendment Act, 1998, 1st Edn (with Supp.) 2002

12. Constitution of India (Along with 93rd Amendment) 6th Edn. (Hard Bound) Also available in 2002 2002

13. Consumer Protection Commentaries on consumer Protection Act with Rules (Central & States), 2nd Edn. With the Consumer Protection (Amendment) Act 2002 2002

14. Cantonment Commentaries on Cantonment Laws, 1st Edn. (With Supp.) 2003

15. Copyright Act Commentaries on Copyright act with neighboring Laws along with the copyright (Amendment ) Act, 1999, with Allied laws & Gatt, 1994 3rd Edn. (With Supp) (Reprint) 2002

16. Damages & Compensation Law of damages & Compensation with the law of negligence, in 3 vols. 6th Edn (Revised ed.) 2004

17. Dest Recovery Commentaries on Recovery of debts due to Banks & financial institutions with updated allied laws along with Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 2nd edition 2003.

18. 18 Disability Human Disability Evaluation of personal injuries- principle, Practice & Laws. 1st Edn 2004

19. 19 Dock Labourers A handbook on Indian Dock Labours Act, with Rules, 3rd Edn. (With Sup. Amendments) 2001

20. Election laws Ghosh Election laws being commentaries on the representation of People Act, with the conduct of election rules along with allied laws, 3rd Edn (With Supp.) 2003

21. Electricity laws along with electricity act, 2003 electricity act, 1910; Electricity Rules, 1956 Electricity (Supply) Act 1948, and Electricity Regulatory Commission Act, 1998; Energy Conservation Act, 2001 with notifications 12th Edn. 2003

22. Environment & Lal Pollution Laws Cases & materials on Environment & Pollution Laws, 4th Edn. 2003

23. Fundamental Rights Commentaries on the law of fundamental rights 4th Edn (with supp.) 2004

24. Forest Laws Commentaries on forest Laws along with wildlife Protection act & rules (central & states), 1st Edn. (With Supp.) 2002

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27. Indian Appeals Indian appeals (1836-1872 in 14 vols) 1988

28. Insurance Laws Handbook on insurance laws along with the insurance Amendment ACT, 2002 AND general insurance amendment act, 2002, insurance Regulatory Act (Act No. 41 of 1999) with Regulations & useful Allied Laws. 7th End (With late amendments) 2004

INDIVIDUALS AT RISK

FHRAC IN ACTION

Across India, individuals face grave threats of having their human rights violated and abused. We work to stand up for their rights and to ensure that justice and accountability are delivered. We work for the rights of Individuals at Risk by lobbying state authorities, advocating with lawmakers, the police, and other authorities, and through public campaigns. We create case files for individual persons, groups of people, or entire communities, and mobilize our supporters to take action on their behalf.

Who are Individuals at Risk?

The term Individuals at Risk cover a range of people, including prisoners of conscience, persons subjected to enforced disappearances, prisoners facing torture or other ill-treatment, individuals facing unfair trials or the death penalty, communities threatened by forced evictions, human rights defenders attacked for their work and NGOs prevented from carrying out legitimate activities.

Glossary of TermsPrisoners of Conscience:

Individuals who have not used or advocated violence, and have been detained solely because of their political, religious, or other beliefs; or, ethnic or national origin, gender or sexual orientation, or any other status.

Unfair Trials:

Individuals who have been detained and subjected to a legal process that does not meet international fair trial standards, including not allowing the accused information on the charges, access to legal representation of their choosing, the right to be present at their own trial, and the right to be tried before an independent and impartial court.

Human Rights Defenders:

Individuals who promote and protect their own rights and the rights of others by non-violent means.Enforced Disappearances: When there are reasonable grounds to believe that an individual has been apprehended by government authorities, yet the government refuses to acknowledge this or conceals information about the individual, thus placing the individual outside the protection of the law.

Torture and Other Ill-treatment:

Any act conducted or authorized in an official capacity that is intended to inflict severe pain or suffering, either physical or mental, on an individual. The purpose is often to gain information, obtain a confession, punish, intimidate, or threaten.

Death Penalty:

State-imposed death as punishment for a crime, following a judicial process in a recognized court. Individuals on death row face the ultimate cruel, inhumane, and degrading punishment given by governments. We oppose the death penalty in all cases.

Lok- Adalats are set up with the support of the local reputed person, police, public representatives, etc. In the presence of these people, small disputes are heard and settlement is reached. A number of public grievances and complaints are collected in detail.
They are channelized for solutions through FHRAC. Helpline Centers to have been opened to take in the complaints from any end of the country

ORGANISATION OF LOK ADALAT
• Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
• Every Lok Adalat organized for an area shall consist of such number of -
a. serving or retired judicial officers; and
b. other persons,
of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee, organizing such Lok Adalats.
• The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organized by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.
• The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.
• A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of -
a. any case pending before; or
b. any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized:
• Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offense not compoundable under any law.

COGNIZANCE OF CASES BY LOK ADALAT
• Where in any case referred to in clause (i) of sub-section (5) of Section 19-
a. (i)(a) the parties thereof agree; or (b) one of the parties thereof makes an application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or (ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause ( i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties.
• Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing the Lok Adalat under sub-section (1) of Section 19 may, on receipt of an application from any, one of the parties to any matter referred to in clause (ii) of sub-section (5) of Section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination:
• Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party.
• Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.
• Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play, and other legal principles.
• Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with the law.
• Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advise the parties to seek a remedy in a court.
• Where the record of the case is returned under sub-section (5) to the court, such court shall proceed to deal such reference under sub-section (1).

AWARD OF LOK ADALAT
1. Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of Section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court Fees Act, 1870 (7 of 1870).
2. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award.

POWERS OF LOK ADALAT
• The Lok Adalat shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:-
a. the summoning and enforcing the attendance of any witness and examining him on oath;
b. the discovery and production of any document;
c. the discovery and production of any document;
d. the requisitioning of any public record or document or copy of such record or document from any court or office; and
e. such other matters as may be prescribed.
• Without prejudice to the generality of the powers contained in sub-section(1), every Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.
• All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219, and 228 of the Indian Penal Code (45 of 1860) and every Lok Adalat shall be deemed to be a civil court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(2 of 1974).

LOK-ADALAT

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