Continuous Evaluation – 1

Marks – 30 Marks

Registration No 16B130

Section B

How do you ensure Ethical Compliance on Laws / Legal Provisions/Acts?

You choose a law or provision of an Act/ Statute & find out causes of Non-
Compliances & suggest legal & ethical remedial measures.

1. Answer 5 questions.
2. Do not change this format.
3. Total Number of words: 2000 words
4. Format: Font Arial, 12, Single Space. Justified
5. Last date submission: September 21
6. Section A students share your softcopy to: ishasuman24@gmail.com
7. Section B students share your softcopy to: dsaraswat04@gmail.com
8. DO NOT EMAIL TO ME.

Note:

1) This continuous evaluation is a creative method of problem-solving.

2) Professional Legal Ethics under Advocate’s Act 1961 is two-fold. One, solve
client’s problems and another society’s problems, JUSTICE. This project
combines both.

3) Professional Legal Ethics under Advocate’s Act 1961 is not just code of
conduct, but code of positive conduct to help human & society as a whole.

4) Professional Legal Ethics as positive conduct is all about excellence in

knowledge, skill, action and outcome. These 5 simple questions can provoke
you think and help certainly in your legal profession in future – be it litigation,
corporate, higher education, public service, PSUs, judiciary, NGOs, para-
legal, legal writing-speaking, policy-making etc.
1) Which law-subject you like the most? 400 words

a) Choose one law subject and give 10 independent reasons – why?

The area of law I am most interested in is Criminal Law.

1. As I started having an idea in law when I was in 11 th, I got fond of how the
government works. This is where I started reading and preparing for CLAT
and I started liking criminal law.
2. Indian Penal Code was taught in second year of my college and I eventually
gained interest by then. I started understanding this area of law better than
any other law.
3. Communication skills are the required skills in this field of law and also when
we need to interact with people, with the clients. We are at loss if we can’t
communicate our client’s situation. It is said that criminal law is largely based
on understanding of human and in the communication.
4.

b) In what way, that law-subject contributes to the collective development of the

society in addition to the individual development?

2) What are the major Statutes or Acts that are there in the law-subject you
like the most? 400 words

a) Enlist a minimum of 5 Statutes or Acts. If there is no direct and connected

Statutes or Acts, find out the ones related to the same in any way.

Statutes and acts under this area of interest are:

1. Indian Penal Code, 1860
2. Code of Civil Procedure, 1973
3. Evidence Act, 1872
4. Protection of Children from Sexual Offences act, 2012
5. Protection of women from domestic violence act, 2005

b) Explain the ways of direct relation or cause for absence of relation.

3) Is that law-subject or its Statutes or Acts well-complied with by society?

400 words

a) Reasons for compliance (role of ethics!) with case-laws

Professional ethics encompasses an ethical code governing the conduct of
persons engaged in the practice of law as well as persons engaged in the
legal sector.   All members of the legal profession have a paramount duty
to the court and towards the administration of justice. This duty prevail
over all other duties, especially in the circumstances where there may be
a conflict of duties. It is important that legal practitioners conduct
themselves with integrity, provide proper assistance to the court, and
 promote public confidence in the legal system. In carrying out their
duties, they are required and expected to deal with other members of the
legal profession with courtesy and integrity.
The case of Kundula Bala Subrahmanyam v. the State of A.P.1 is before the enactment of
DVA, 2005. It was held that there had been an increase in cases relating to harassment,
torture, abetted suicides, and dowry deaths of innocent young brides. This violence and
exploitation of the young brides keep on sending shock waves to the civilized society
whenever it happens, continues unabated. There is a lack of education and the economic
dependence of women, which have encouraged the offenders of the crime. It is more
disturbing and sad as in many cases, the woman plays a vital role in this crime against the
younger woman, such as, with the husband either acting as a mute observer or even an active
participant in the crime, in utter disregard of his matrimonial obligations. In many cases, it
was observed that the husband, even after marriage, continues to be ‘Mamma's baby’ and the
umbilical cord appears not to have been cut even at that stage.

b) Reasons for non-compliance (role of un-ethical ways!) with case-laws

4) How do you propose to increase compliance or decrease non-compliance?

400 words

(Answer any two)

a) Role of advocacy?
b) Role of Legislature?
c) Role of New Interpretations?
d) Role of Governance?

5) What could be the underlying causes for compliance or non-compliance?

400 words

(Answer any two)

a) Socio-political?
b) Economic?
c) Psychological?
d) Cultural?

1
Kundula Bala Subrahmanyam v. the State of A.P., (1993) 2 SCC 684.