Month: November 2018

Law of Wills in India

A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death.

There often arises problems and complications when a person dies without a Will. Yet we put off making a Will, not realizing the predicament we put our family in, after our death. It’s a little effort that goes a long way. You will find the answers to the questions you may have had on making your Will, registering it and other relevant information.

Definitions:
A Will is defined as “the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.” In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

Codicil
is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.

Executor
is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.

Legatee/Beneficiary
is a person who inherits the property under a Will.

Probate
is a copy of the Will, certified under the seal of a competent Court.

Testator
is a person making a Will and executing it

Essential Characteristics
Legal Declaration: The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.

Disposition of Property: The declaration should relate to disposition of the property of the person making the Will.

Death of the Testator: The declaration as regards the disposal of the property must be intended to take effect after his death.

Revocability: The essence of every Will is that it is revocable during the lifetime of the testator. People capable of making Wills are, Every person who is
not a minor
of sound mind
free from fraud, coercion or undue influence
Forms and Formalities:
Form of a Will:
There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.

Language of a Will: A Will can be written in any language and no technical words need to be used in a Will, however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.

Stamp Duty: No stamp duty is required to be paid for executing a Will or a codicil. A Will, therefore, need not be made on stamp paper.

Attestation: A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.

Under Parsi and Christian law, a witness cannot be an executor or legatee. However, according to Hindu Law, a witness can be a legatee. A Muslim is not required to have his Will attested if it is in writing.

Registration: The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.

Procedure for Registration: A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.

Revocation and Amendment: A Will can be revoked, changed or altered by the testator at any time when he is competent to dispose of his property. A person can revoke, change or alter his Will by executing a new Will, revoking the earlier Will, registering the new Will (if the old Will is registered), destroying the old Will or by making a codicil. On the marriage of a Parsi or a Christian testator, his/her Will stands revoked, this however does not apply to Hindus, Sikhs, Jains and Buddhists.
odicil:
A codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will. A codicil has to be executed and attested like a Will. A codicil is similar to a Will and is governed by the same rules as a Will.

Probate and Letters of Administration
Probate: A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor’s authority. A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, or pertains to immovable property situated in Mumbai, Calcutta or Chennai.

Effect of grant of probates : A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. However, it only establishes the legal character of the executor and in no way decides the title or even the existence of the property devised. The grant of the probate decides only the genuineness of the Will and the executors right to represent the estate.
The grant of a probate is conclusive evidence of the testamentary capacity of the person who made the Will.
A probate is conclusive as to the genuineness of the Will and appointment of the executors.
Once a probate is granted, no suit will lie for a declaration that the testator was of unsound mind.
Probate is conclusive as to the representative title of the executor.

To whom probates can be granted : Under the Indian Succession Act, 1925, a probate can be granted only to an executor appointed under a Will. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government.

When a probate can be granted : A probate cannot be granted until the expiration of seven days from the date of the testator’s death.

Letters of Administration: In the event a person dies intestate or a Will does not name any executor, an application can be filed in the courts of law for grant of probate.

To whom can a LoA be granted : Under the Indian Succession Act, 1925, a LoA can be granted to any person entitled to the whole or any part of the estate of the deceased person. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government.

When can a LOA be granted : A LoA cannot be granted till the expiration of fourteen days from the date of the testator’s death.

Legal Declaration: The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.

Disposition of Property: The declaration should relate to disposition of the property of the person making the Will.

Death of the Testator: The declaration as regards the disposal of the property must be intended to take effect after his death.

Revocability : The essence of every Will is that it is revocable during the lifetime of the testator. People capable of making Wills are, Every person who is:
not a minor
of sound mind
free from fraud, coercion or undue influence

Executors:
An executor is a person who is appointed by a testator to execute his Will. In other words, an executor is duty bound to distribute the assets of the testator as per the provisions of his Will. A probate of a Will is granted only to an executor appointed by the Will.

Who can be an Executor: All persons capable of executing Wills can be executors. Even a minor can be appointed an executor of a Will, but a probate cannot be granted to the minor until he attains majority. A testator can appoint one or more executors. The appointment of an executor may be absolute or for a limited purpose or limited time. An executor as such does not derive any benefit under the Will, unless specifically provided for. However, as an executor has vast powers and the property vests in the executor until it is finally distributed to the legatees, it is therefore advisable to appoint a responsible and accountable person/institution such as a bank as an executor. The Executor is primarily appointed to manage the estate of the deceased for the benefit of the beneficiaries/legatees under the Will.

Legal status of the Executor: The executor is the legal representative for all purposes of a deceased person and all the property of the testator vests in him until the property is distributed as per the provisions of the Will. The executor is entitled to represent the testator in any legal action (not including criminal or defamatory proceedings). For example, an executor can sue for recovery of the testator?s debts. It is only the legal estate of the deceased that vests in the executor and the vesting is not of beneficial interest. The property vests in the executor only for the purpose of representation and administration.
Duties of an Executor:
To ascertain the assets of the deceased person.
To pay testamentary and funeral expenses.
To collect the debts and assets of the deceased.
To pay the debts of the deceased.
To apply for a Probate, whenever necessary.

Applicable laws and Special provisions
Applicable Laws
The Indian Succession Act, 1925
Hindu Personal Laws
Muslim Personal Laws
The Indian Registration Act, 1908

Special Provisions
Hindus, Sikhs, Jains and Buddhists Will :
A Will is not revoked upon the marriage of a Hindu, Sikh, Jain or Buddhists.
The executor can also be the witness to the Will.
A probate is mandatory in the event that a Will is executed in the cities of Mumbai, Calcutta or Chennai, to the extent that the Will pertains to immovable property in Mumbai, Calcutta or Chennai.

Parsis and Christians Will:
A probate is mandatory in the event that a Will is executed in the cities of Mumbai, Calcutta or Chennai, to the extent that the Will pertains to immovable property in Mumbai, Calcutta or Chennai.
On the marriage of a Parsi or Christian testator, his/her Will stands revoked.

Muslims Will
Muslim Personal Law governs a Muslim testator’s power to make a Will, the nature of the Will, its execution and attestation thereof etc. Under the Muslim Personal Law, a Muslim testator can make a Will orally or in writing and no form is required for such writing. However, it is preferable to have a written Will. If the Will is in writing it need not be attested. It may be noted that the provisions of the Indian Succession Act do not generally apply to a Muslim testator unless specifically stated in the Act.

In India, a person who is a major and of sound mind can make a Will and he can dispose of all or any part of his property by Will. However, there are two basic restrictions on the power of a Muslim testator to make a Will,
A Muslim can bequeath only one-third of his property by Will.
The heirs of a Muslim testator may consent to bequest in excess of one-third of the testator’s assets.

A Muslim may change his Will during his lifetime or cancel any legacy. A Will may also become void if a Muslim testator, after making the Will, becomes unsound of mind and continues to be so till his death. Similarly, a bequest which is contingent, or conditional or in the future or is alternative to another, pre-existing one, would be void. If an executor is appointed by a Muslim testator, the powers and duties of the executor will be in accordance with the provisions of the Indian Succession Act which have been discussed elsewhere.

Specific performance of contract

Specific performance is a remedy developed by principle of equity. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract. Before an equity court will compel specific performance, however, the contract must be one which can be specifically performed. Section 16 (c) of the Act envisages that plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms the performance of which has been prevented or waived by the defendant.
Suit For Specific Performance of Contract- Practical Problems
Specific performance is a remedy developed by principle of equity. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract. Before an equity court will compel specific performance, however, the contract must be one which can be specifically performed. Section 16 (c) of the Act envisages that plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms the performance of which has been prevented or waived by the defendant. In our country, most of the specific performance suits relate to sales of immoveable properties and to some extent, transfer of shares. As the law of specific performance is basically founded on equity, considerations such as conduct of the plaintiff, the element of hardship that may be caused to one of the parties, the availability of adequate alternative relief and such other matters are taken into consideration. It is a discretionary relief.

Suit For Specific Performance:
Illustration
A is owner of land. He executed an unregistered agreement of sale in favour of B and received Rs. 50,000/- as an advance out of sale price of Rs.1,00,000/-. A has to execute a Regd. Sale deed within three months from date of execution of agreement of sale. But, A refused to execute Regd. Sale deed and sold the said property to C for higher price. B can sue against A for specific performance.

From the above illustration, no doubt, B can file a suit for specific performance. This case involve several aspects such as, whether plaintiff is ready and willing to perform his part of contract or not; when would time is essence of contract?; Can C be impleaded in the suit as party? Is escalation of price is a ground in such a suit? Question of Lis Pendens; whether B is entitled for damages and compensation or not; whether an unregistered agreement of sale is admissible or not etc. All these aspects are dealt in the following paragraphs with relevant illustrations.

Elements That Are Involved In A Suit For Specific Performance Of Suit:-
Valid Contract :-
Normally, suit for specific performance of contract based on agreement of sale. Vague and uncertain agreement could not be given effect to.( Vimlesh Kumari Kulshrestha vs Sambhajirao, 2008 (2) Supreme 127). It was observed in Ambica Prasad vs Naziran Bibi, AIR 1939 All 64], [Balram v Natku, AIR 1928 PC 75 that there should be a valid contract for suit for specific performance of contract.

Unregistered agreement of sale :-
Un registered agreement of sale is admissible in evidence under Section 49(c) of the Registration Act in a suit for specific performance of contract. Unregistered sale deed is admissible in evidence in a suit for specific performance.( S.Kaladevi vs V.R.Somasundaram, AIR 2010 SC 1654).

Conduct of the parties:-
Any person seeking benefit of specific performance of contract must manifest that his conduct has been blemishless (H.P.Pyarejan vs Dasappa, AIR 2006 SC 1144). Similarly, conduct of defendant cannot be ignored (Silvey vs Arun Varghese, AIR 2008 SC 1568). The relief of specific performance is discretionary ( V.R.Sudhakara Rao vs T.V.Kameswari, (2007) 6 SCC 650). It was held in Aniglase Yohannan v. Ramlatha, 2005 (7) SCC 534 that if the pleadings manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief.

Readiness and Willingness:-
Section 16(c) of the Act mandates the plaintiff to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the Plaintiff wanting performance ((2011)1SCC429). The plaintiff’s readiness and willingness, which is a condition precedent, must be in accordance with the terms of the agreement (Bala Krishna vs Bhgawan Das, AIR 2008 SC 1786), however, the plaintiff need not carry money in his hand
( M.K.Watts vs Usha Sharma, AIR 2004 P&H 295). In a suit for specific performance, plaintiff is to approach Court with clean hands.( G.Jayashree vs Bhagawan Das, AIR 2009 SC 1749). Right from the date of the execution till date of the decree he must prove that he is ready and has always been willing to perform his part of the contract.( N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao and Ors, (1995) 5 SCC 115 at para 5). Even subsequent purchaser is entitled to raise objection as to readiness and willingness. (AIR 2009 SC 2157). To know the consequences in the case of absence of plea of readiness and willingness in the plaint, see ruling J.P. Builders and Anr.Vs. A. Ramadas Rao and Anr, (2011)1SCC429).

Time is essence of contract:-
From the decision of a Constitution Bench of the Hon’ble Supreme Court in Chand Rani v.Kamal Rani MANU/SC/0285/1993 : 1993 (1) SCC 519, it is clearly known that in the case of sale of immovable property, time is never regarded as the essence of the contract. An intention to make time the essence of the contract must be expressed in unequivocal language. As to the point of limitation is concerned, the suit for specific performance has to be filed within reasonable time which depends upon facts and circumstances of each case. (AIR 2009 SC 2157, Azhar Sultana’s case). Even if it is not of the essence of the contract, the Court may infer that it is to be performed in a reasonable time if the conditions are: 1. from the express terms of the contract; 2. from the nature of the property; and 3. from the surrounding circumstances, for example: the object of making the contract.( Smt. Chand Rani (dead) by LRs. Vs. Smt. Kamal Rani (dead) by LRs, 1993 (1) SCC 519)

Adding parties in specific performance suit:-
Order 1 Rule 10 CPC is wider than the scope of Order 22 Rule 10 CPC as to person whose presence before the court is necessary or proper for effective adjudication of the issue involved in the suit. . Order 22 Rule 10 CPC is an enabling provision and that it has certain parameters to continue the suit where right to sue is survival. Order 22, Rule 10, C.P.C. speaks of cases of an assignment, creation or devolution of any interest during the pendency of a suit and the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved. (See the ruling Lingaraja Mohanty vs Binodini Mohanty & Ors. on 20 April, 2011; Thomson Press (India) Ltd. Vs. Nanak Builders and Investors P. Ltd. and Ors, 2013(3)SCALE26).

Essential elements to constitute ‘Lis Pendens’:-
Answer:- Section 52 of T.P.Act delas with ‘Lis Pendens’. In order to constitute a lis pendens the following elements must be present :-
(I) There must be a suit or proceeding pending in a Court of competent jurisdiction;
(II) The suit or proceeding must not be collusive;
(III) The litigation must be one in which right to immovable property is directly and specifically in question;
(IV) There must be a transfer of or otherwise dealing with the property in dispute by any party to the litigation;
(V) Such transfer must affect the rights of the other party that may ultimately accrue under the terms of the decree or order.

Practical Problems In A Suit For Specific Performance
Problem No.1:- What will the Court consider to adjudge the readiness and willingness of plaintiff in a suit for specific performance?

Answer:- To adjudge whether the Plaintiff is ready and willing to perform his part of the contract, the Court must take into consideration the conduct of the Plaintiff prior and subsequent to the filing of the suit along with other attending circumstances and to prove willingness to perform plaintiff must enter witness box. Right from the date of the execution till date of the decree, he must prove that he is ready and has always been willing to perform his part of the contract. (Man Kaur (dead) by LRS. Vs. Hartar Singh Sangha, (2010)10SCC512)

Problem No.2:- Vendor executed an agreement of sale with a condition that in the event of his failure to execute a sale deed, the purchaser will not be entitled for specific performance but will only be entitled for return of the earnest money and/or payment of a sum named as liquidated damages. In such a case, whether suit for specific performance can be decreed?

Answer:- Liquidated damages means an amount contractually stipulated as a reasonable estimation of actual damage to be recovered by one party if the other party breaches. As the intention of the parties to bar specific performance of the contract and provide only for damages in the event of breach, is clearly expressed, the court may not grant specific performance, but can award liquidated damages and refund of earnest money.

Problem No.3:- The agreement of sale provides that in the event of breach by either party the purchaser will be entitled to specific performance, but the party in breach will have the option, instead of performing the contract, to pay a named amount as liquidated damages to the aggrieved party and on such payment, the aggrieved party shall not be entitled to specific performance. If that is so, whether the plaintiff is entitled for specific performance?

Answer:- In such a case, the purchaser will not be entitled to specific performance, as the terms of the contract give the party in default an option of paying money in lieu of specific performance.

Problem No.4:- If the purchaser failed to pay Rs. 4,00,000 within one month and thereby prevented the vendor from purchasing another property and shifting to such premises, the vendor will not be able to perform his obligation to deliver vacant possession. If so, whether such contract is valid?

Answer:- Section 53 of Indian Contract Act,1872 provides answer to this problem. Further, the following illustration succinctly explains solution for the problem.

Illustration:-
‘’ ‘A’ executed an agreement of sale in favour of B. advance of Rs 4,00,000/- was paid to A out of sale price of Rs.10,00,000/-. Rs.4,00,000/- is to be paid to paid within one month to A to enable him to purchase an alternative property and to shift his residence from the property agreed to be sold, and sale deed has to be executed within three months from the date of agreement of sale and vacant possession of the premises should be given, against payment of balance price. If ‘B’ failed to pay Rs. 4,00,000 within one month and thereby prevented A from purchasing another property and shifting to such premises, ‘A’ will not be able to perform his obligation to deliver vacant possession. Thus the contract becomes voidable at the option of ‘A’ ‘’.

If the purchaser failed to pay Rs. 4,00,000 within one month and thereby prevented the vendor from purchasing another property and shifting to such premises, the vendor will not be able to perform his obligation to deliver vacant possession. Thus the contract becomes voidable at the option of the vendor. (Mrs. Saradamani Kandappan’s case, (2011)12SCC18)

Problem No.5 :- Vendor did not sign on agreement of sale but vendee signed. this is contention of vendor. Irrespective of written contract, the vendor and vendee both have same understanding of the terms of agreement. In such a case, suit for specific performance is maintainable?

The answer is affirmative. Suit for specific performance is maintainable in such a case. See the following illustration.

Illustration:-
A is owner of land. A agreed to sell the land orally and receives Rs.80,000/- from B as an advance out of sale consideration of Rs.2,00,000/-. A and B both have same understanding of the terms of agreement. B vendee also signed on the agreement of sale. A vendor contends that he did not sign on it and so there is no contract at all. A cannot contend that such agreement is invalid for want of his signature. Specific performance is maintainable. (Note:- Problem no.5 and its illstruction published in LAW SUMMARY -2013, Vol-3,Dt. 15-11-2013, at 21 is to be read as edited herein.)

The case of similar instance was decided in the case of Adbul Hakkem vs Naiyaz Ahmed, AIR 2004 AP 299, where the defendant contended that the plaintiff vendee alone signed the sale agreement but not the defendant vendor, as such there can be no contract, cannot be accepted. The Court held that specific performance is maintainable.(Also see A.P.Civil Court Manual, Vol-2, at page 1358). In my view, irrespective execution of written contract, when the vendor and vendee both have same understanding of the terms of agreement, Vendor cannot conted that there is no contract between them because even oral contract is valid. if vendor contends that such agreement is invalid for want of his signature on agreement of sale, such contention cannot be acceptable on the ground of ‘Consensu ad idem’.

Problem No.6 :- Can a purchaser from a co-parcener enforce specific performance?

Answer to this question is that a purchaser from a co-parcener can enforce specific performance of his contract against the other co-parceners.

Illustration:-
“A and B are joint tenants of land, his undivided moiety of which either may be alien in his lifetime, but which, subject to that right, devolves on the survivor. A contracts to sell his moiety to C, and dies. C may enforce specific performance of the contract against B.”

The above illustration, which is undoubtedly covered by the terms of the section 15 of the Act, is substantially the present case and shows that a purchaser from a co-parcener can enforce specific performance of his contract against the other co-parceners. (See 40 Ind Cas 429, T. Rangayya Reddy vs V.S. Subramanya Aiyar And Ors)

Problem No.7 :- If the plaintiff suffers losses in consequence of a contract. If that be so, whether specific performance of contract is maintainable?

Answer:- Yes. The following illustration succinctly explains about maintainability of the suit for specific performance.

Illustration.
A Sells land to a railway-company who contracts t execute certain works for his convenience. The company takes the land and use it for their railway. Specific performance of the contract to execute the work should be decreed in favour of A.

This illustration is useful to understand section 20 (3) of the Act. The Court can properly exercise discretion to decree a suit for specific performance in any case where the plaintiff has suffered losses in consequences of a contract.

Section 20 and illustration therein of Specific Relief Act, 1977(1920 A.D.) of Jammu & Kashmir which is applicable to the parties makes it explicitly clear thus:

A contract, otherwise proper to be specifically enforced, may be enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same. (Manzoor Ahmed Margray Vs. Gulam Hassan Aram & Ors, 2003(6)ALT15(SC), 1999(6)SCALE350)

Illustration
A contracts to grant B an under-lease of property held by A under C, and that he will apply to C for a licence necessary to the validity of the under-lease, and that, if the licence is not procured, A will pay B Rs. 10,000. A refuses to apply for the licence and offers to pay B Rs. 10,000. B is nevertheless entitled to have the contract specifically enforced if C consents to give the licence.

Problem No.8 :- A party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit of compensation in money. If so, whether he is entitled to obtain a decree for specific performance?

Answer: – Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit of compensation in money, he is not entitled to obtain a decree for specific performance. But the Court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform: provided that the plaintiff relinquishes all claim to farther performance, and all right to compensation either for the deficiency, or for the loss or damage sustained by him through the default of the defendant. (Manzoor Ahmed Margray Vs. Gulam Hassan Aram & Ors, 2003(6)ALT15(SC), 1999(6)SCALE350). The following illustration also gives answer to the problem.

Illustration:-
A contracts to sell to B a piece of land consisting of 100 bighas. It turns out that 50 bighas of the land belong to A, and the other 50 bighas to a stranger, who refuses to part with them. A cannot obtain a decree against B for the specific performance of the contract; but if B is willing to pay the price agreed upon, and to take the 50 bighas which belong to A, waiving all right to compensation either for the deficiency or for loss sustained by him through A’s neglect or default, B is entitled to a decree directing A to convey those 50 bighas to him on payment of the purchase-money.

Problem No.9 :- The agreement of sale provides that in the event of breach by the vendor, the purchaser shall be entitled to an amount equivalent to the earnest money as damages. The agreement is silent as to specific performance. In such a case, whether the court can direct specific performance by the vendor?

Answer:- Even if there is no provision in the contract for specific performance, the court can direct specific performance by the vendor, if breach is established. But the court has the option, as per Section 21 of the Act, to award damages, if it comes to the conclusion that it is not a fit case for granting specific performance. (Man Kaur (dead) by LRS. Vs. Hartar Singh Sangha, (2010)10SCC512)

Conclusion:-
Inasmuch as the conduct of parties is very much important in a suit for specific performance, the party who seek for relief of specific performance must approach the Court of law with clean hands. Further, while preparing plaint and written statement of the parties, proper care and caution must be taken and the relief must be clear and specific. I may conclude with observations of Lord Chancellor Cottenham in Tasker v. Small 1834 (40) English Report 848 that “It is not disputed that, generally, to a bill for a specific performance of a contract for sale, the parties to the contract only are the proper parties; and, when the ground of the jurisdiction of Courts of Equity in suits of that kind is considered it could not properly be otherwise. The Court assumes jurisdiction in such cases, because a Court of law, giving damages only for the non- performance of the contract, in many cases does not afford an adequate remedy. But, in equity, as well as in law, the contract constitutes the right and regulates the liabilities of the parties; and the object of both proceedings is to place the party complaining as nearly as possible in the same situation as the defendant had agreed that he should be placed in. It is obvious that persons, strangers to the contract, and, therefore, neither entitled to the right, nor subject to the liabilities which arise out of it, are as much strangers to a proceeding to enforce the execution of it as they are to a proceeding to recover damages for the breach of it.”

Indian Adventure Tourism Guidelines

About the Guidelines
Adventurous activities covered
The Ministry of Tourism has released the Guidelines by the Government of India on Adventure Tourism. These guidelines on Safety and Quality Norms for Adventure Tourism in India have been formulated along with the Adventure Tour Operators Association of India (ATOAI) in an effort to make adventure sports safer.

About the Guidelines
The aim of this initiative is to help adventure tour operators understand and execute safety guidelines in a better manner. These guidelines cover land, air and water based activities which include mountaineering, trekking, bungee jumping, paragliding, kayaking, scuba diving, snorkeling, river rafting and many other sports. The guidelines have been framed for 15 Land Based, 7 Air Based and 7 Water Based activities which cover the entire gamut of Adventure Tourism available in India. The guidelines codify the Standard Operating Procedures and instructions for Risk Mitigation and Emergencies as well as provide for details like Safety precautions, training required, insurance, etc.

The information given covers some major areas such as the role of a guide, important equipment required, inspections and maintenance process, operating instructions, risk mitigation, medical safety etc. Detailed guidelines covered in the document focus on safety from every possible angle. It educates tour operators and other concerned agencies about important safety requirements and lesser-known dangers. In order to put a strong foothold in the field of adventure sports, better safety measures are mandatory. It is imperative that all adventure tourism stakeholders provide for better vigilance and strict adherence to these guidelines.

Adventurous activities covered
Land based Adventure Tourism (15) comprises, All Terrain Vehicle Tours (ATV), Bungee Jumping, Cycling Tours, Camel Safaris, Horse Safaris, Jeep Safaris, Motorcycle Tours, Mountaineering, Nature Walks / Bird Watching, Rock Climbing / Artificial Wall Climbing & Abselling, Personal Light Electric Vehicle Tours, Skiing / Snow Boarding, Trekking, Wildlife Safaris, Zip Wires and High Ropes Courses.

Air Based Adventure Tourism (7) comprises, Hot Air Ballooning, Paragliding / Hand Gliding, Para Motoring, Parasailing, Ski Diving, Air Safaris, Kite Boarding.

Water Based Adventure Tourism (7) comprises, Kayaking / Sea Kayaking, Rafting, River Cruisinig, Scuba Diving, Snorkelling, Water Sports Centres, Essentials.

Lawyer Skills “new Generation”

Up till now, the necessary and sufficient skill set for lawyers has looked something like this (in alphabetical order):

Analytical ability
Attention to detail
Logical reasoning
Persuasiveness
Sound judgment
Writing ability (okay, that one’s apparently optional for some)
This list doesn’t include such characteristics as knowledge of the law, courtroom presence, or integrity — these aren’t “skills,” per se, so much as information one acquires or basic elements of one’s character. Even innovation, which I prize so highly, is first and foremost an attitude and willingness to think and act differently.

Rather, I’m concerned here with actual skill: a ready proficiency or applied ability acquired and developed through training and experience. Your degree of character, diligence and intelligence are innate characteristics; skills are what you acquire through their application. If you possessed these six skills in sufficient abundance, you were fully qualified to practise law.

Well, not anymore. From this point onwards, while these skills remain necessary, they’re no longer sufficient: they constitute only half of the set necessary to practise law competently, effectively and competitively. Here’s the new six-pack, the other half of tomorrow’s — no, today’s — minimum skills kit for lawyers (again in alphabetical order).

  1. Collaboration skills. This isn’t just about “working well in a team,” essential as that is. This is about the ability to function in a multi-party work environment such that the process and outcome transcend the collective contribution — the whole surpasses the sum of the parts. Thanks to technological and social advances, this is how work is going to be done from now on. Lawyers who collaborate well possess the ability to identify and bring out the best others have to offer, to submerge their own positions and egos where necessary, in order to reach the optimal client outcome. Collaborative lawyers trust the wisdom of the group; lone wolves and isolationists don’t do any good anymore.

  2. Emotional intelligence. If you just rolled your eyes at this entry, you probably subscribe to the belief, drilled into us in law school and in practice, that lawyers have to detach themselves emotionally from their cases and clients in order to offer the best advice. That’s idiotic. Clients need our empathy, perspective and personal connection to feel whole and satisfied; colleagues need our engagement, respect and understanding to be their best and help us succeed; everyone needs us to listen better than we do. Distant, detached lawyers are relics of the 20th century — the market no longer wants a lawyer who’s only half a person.

  3. Financial literacy. This is a widespread issue, recently identified by The Economist as a factor in the subprime meltdown and other economic woes. But there’s no excuse for lawyers to remain so steadfastly clueless about money: running a business, balancing a ledger, understanding tax principles, working with statistics, calculating profit margins, even explaining the rationale behind their fees. Too many lawyers with Arts degrees just shrug and say, “I was never good with numbers” or “They never taught me that in law school.” Not good enough: every client and every case involves money in some way, and every lawyer in private practice is running a business of one size or another. Financial literacy is essential.

  4. Project management. It’s a growing refrain among clients, a chorus of frustration that most lawyers have zero skills in project management. Some lawyers wouldn’t even be able to define it: planning, organizing, and managing resources to successfully complete specific objectives while maintaining scope, quality, time and budget restrictions. Lawyers seem pathologically unwilling to estimate time or budget costs (invoking the almighty “it depends” clause) and incapable of creating and managing a plan of action, presumably for fear of failing or being caught shorthanded. But today, everybody project-manages: it’s SOP in corporate life, and lawyers are the only ones in the business chain who seem to have missed the memo.

  5. Technological affinity. Gerry Riskin recently called out the legal profession in a timely post on this subject: “too many lawyers pride themselves on their IT incompetencies, believing that it makes them somehow charming and brilliant.” Lawyers have grown accustomed to going unchallenged on their technological backwardness, and even tech-savvy new lawyers eventually succumb to firms’ glacial pace of tech adaptation. Here is a fact: technological affinity is a core competence of lawyering. If you can’t effectively and efficiently use e-mail, the Internet, and mobile telephony, you might as well just stay home. And if you don’t care to learn about RSS, instant messaging, Adobe Acrobat and the like, clients and colleagues will pass you by.

  6. Time management. Virtually every lawyer I meet says the same things: “I’m just so busy. I have so much to do. I don’t have any time for myself.” And yes, law is demanding, hard work. But a substantial part of lawyers’ difficulties in this regard lie with their inability to prioritize their tasks and manage their time. Lawyers are terrible at saying “no,” they’re awful at delegating work into more efficient channels, and amazingly, many are still compensated not by the tasks they accomplish but by how long they take to do them. Lawyers who won’t or can’t learn to manage their time will continue to blame their Blackberrys for their difficulties, if they don’t burn out or get fired first.

So there you have it: six core skills that lawyers simply must possess if they want to make a living in the 21st century. Law schools need to teach them; governing bodies need to test for them; law firms need to make their lawyers expert in them. They’re not optional, there are no excused absences, and the test is starting right about now.

Universal Declaration of Human Rights

Universal Declaration of Human Rights
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages.

Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3
Everyone has the right to life, liberty and security of person.

Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6
Everyone has the right to recognition everywhere as a person before the law.

Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13
Everyone has the right to freedom of movement and residence within the borders of each state.
Everyone has the right to leave any country, including his own, and to return to his country.
Article 14
Everyone has the right to seek and to enjoy in other countries asylum from persecution.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16
Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Marriage shall be entered into only with the free and full consent of the intending spouses.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17
Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20
Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.
Article 21
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
Everyone has the right of equal access to public service in his country.
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29
Everyone has duties to the community in which alone the free and full development of his personality is possible.
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Overview of Child Adoption process in India


Fundamental principles governing adoption

Stakeholders in adoption process
Who is eligible to adopt a child?
How to adopt a child?
Adoption procedure
Do’s and Don’ts
Related Resources
Adoption means the process through which the adopted child becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.

Fundamental principles governing adoption
The following fundamental principles shall govern adoptions of children from India, namely:-

the child’s best interests shall be of paramount consideration, while processing any adoption placement
preference shall be given to place the child in adoption with Indian citizens and with due regard to the principle of placement of the child in his own socio-cultural environment, as far as possible
all adoptions shall be registered on Child Adoption Resource Information and Guidance System and the confidentiality of the same shall be maintained by the Authority.
Stakeholders in adoption process
Central Adoption Resource Authority (CARA) – CARA ensures smooth functioning of the adoption process from time to time, issues Adoption Guidelines laying down procedures and processes to be followed by different stakeholders of the adoption programme.
State Adoption Resource Agency (SARA) – State Adoption Resource Agency acts as a nodal body within the State to promote and monitor adoption and non-institutional care in coordination with Central Adoption Resource Authority.
Specialised Adoption Agency (SAA) – Specialised Adoption Agency (SAA) is recognized by the State Government under sub-section 4 of section 41 of the Act for the purpose of placing children in adoption.
Authorised Foreign Adoption Agency (AFAA)- Authorised Foreign Adoption Agency is recognised as a foreign social or child welfare agency that is authorised by Central Adoption Resource Authority on the recommendation of the concerned Central Authority or Government Department of that country for coordinating all matters relating to adoption of an Indian child by a citizen of that country.
District Child Protection Unit (DCPU) – District Child Protection Unit (DCPU) means a unit set up by the State Government at district level under Section 61A of the Act. It identifies orphan, abandoned and surrendered children in the district and gets them declared legally free for adoption by Child Welfare Committee.
Who is eligible to adopt a child?
The prospective adoptive parents should be physically, mentally and emotionally stable; financially capable; motivated to adopt a child; and should not have any life threatening medical condition;
Any prospective adoptive parent, irrespective of his marital status and whether or not he has his own biological son or daughter, can adopt a child;
Single female is eligible to adopt a child of any gender:
Single male person shall not be eligible to adopt a girl child;
In case of a couple, the consent of both spouses shall be required;
No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship;
The age of prospective adoptive parents as on the date of registration shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under
Age of the child Maximum composite age of prospective adoptive parents Maximum age of single prospective adoptive parent
Upto 4 years 90 years 45 years
Above 4 upto 8 years 100 years 50 years
Above 8 upto 18 years 110 years 55 years
The minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty five years;
The age for eligibility will be as on the date of registration of the prospective adoptive parents;
Couples with more than four children shall not be considered for adoption;
How to adopt a child?
One can adopt a child only through submission of online application available at www.cara.nic.in and following the procedures provided in the Adoption Regulations, 2017. For further details please visit the website www.cara.nic.in

It is now mandatory to register online on CARINGS to adopt a child. If you are not familiar / unable to register online, you can approach the District Child Protection Officer (DCPO) of your district.

Adoption procedure
In-country

Parents register online on CARINGS (www.cara.nic.in)
Select preferred Adoption Agency for HSR (Home Study Report) and State
User ID and Password generated
Upload documents within 30 days of registration
Registration number generated
Specialised Adoption Agency (SAA) conducts Home Study Report (HSR ) of the PAPs and uploads it on CARINGS within 30 days from the date of submission of required documents on CARINGS
Suitability of Prospective Adoptive Parent (PAP)s is determined (if not not found suitable, PAPs i nformed with reasons for rejection)
PAPs reserve one child, as per their preference from upto 6 children
PAPs visit the adoption agency within 15 days from the date of reservation and finalise
If the child is not finalized within stipulated time, the PAPs come down in the seniority list
On acceptance of the child by the PAPs, SAA completes the referral and and adoption process (on CARINGS)
PAPs take the child in pre – adoption foster care and SAA files petition in the court
Adoption Court order issued
Post-adoption follow-up report is conducted for a period of two years.
Parents In-country – Instructions for Online Parent Registration for Adoption

This registration is meant for Indian citizens residing in India
Please give your correct residential address and telephone no. with area code
You or your spouse must have a Permanent Account Number (PAN) card and you have to upload PAN card in portable document format (.pdf) – size should not exceed 512 KB
You have to upload your (single parent) or your family photograph (couple) in .jpg format (3.5 x 4.5 cm). – Size should not exceed 1 MB
You must have an email account and mobile number
After successful registration, you will receive an online acknowledgement letter which will contain your registration and credential details
In case you misplace your online acknowledgement letter, then it can be regenerated using Forgot Password link available in Track Status page
Please upload the following documents:
Photograph of person/s adopting a child (Post Card Size)
Birth Certificate
Proof of Residence (Adhaar Card/Voter Card/ Driving License/ Passport/ Current Electricity Bill/ Telephone Bill
Proof of Income of last year (Salary Slip/ Income Certificate issued by Govt. Department/ Income Tax Return)
In case you are married, please upload Marriage Certificate
In case you are divorcee, please upload copy of Divorce Decree
In case of death of your spouse, please upload Death Certificate of spouse
Certificate from a medical practitioner certifying that the PAPs do not suffer from any chronic, contagious or fatal disease and they are fit to adopt.
In case of incomplete/wrong information, your application is liable to be treated as invalid
After registration, you should contact the adoption agency
All original documents will have to be produced for verification
Your eligibility for adoption will be decided by the adoption agency.
From In-country to Inter-country

Children would move automatically from in – country adoption to inter – country adoption by CARINGS following time schedule as below :

after 60 days, if the child is below 5 years of age;
after 30 days, if the child is above 5 years of age or is a sibling;
after 15 days, if the child has any intellectual or physical disability .
Do’s and Don’ts
Key Points to Remember for Prospective Adoptive Parents (PAPs)

Do’s Don’ts
Only adopt from Specialised Adoption Agencies (SAAs) recognised by State Governments. Do not approach any nursing home, hospital, maternity home, unauthorised institution or individual for adoption.
Read the Guidelines carefully on the website and follow the due procedure. Do not upload any incorrect document, else your registration will be cancelled.
Follow the steps for completing your registration. Do not pay any additional adoption charges other than what is prescribed in CARA Guidelines.
Please upload documents as per instructions. Keep away from touts/middlemen. There is no role of touts/middlemen in adoption. They will mislead you to adopt a child illegally.
For adoption related charges, please refer Schedule-13 of the Guidelines Governing Adoption of Children (2015). Always make payment by cheque or draft and collect your receipt. Through illegal adoption, you may unintentionally become part of child trafficking network. Save yourself from legal ramifications.

Integrated Child Development scheme

Objectives
Beneficiaries
Services under ICDS
Funding pattern
Population Norms for Setting up of AWCs/Mini-AWCs
ICDS Systems Strengthening and Nutrition Improvement Project (ISSNIP)
Related resources
The Integrated Child Development Service (ICDS) Scheme providing for supplementary nutrition, immunization and pre-school education to the children is a popular flagship programme of the government. It is one of the world’s largest programs providing for an integrated package of services for the holistic development of the child. ICDS is a centrally sponsored scheme implemented by state governments and union territories.

Objectives
To improve the nutritional and health status of children in the age-group 0-6 years;
To lay the foundation for proper psychological, physical and social development of the child;
To reduce the incidence of mortality, morbidity, malnutrition and school dropout;
To achieve effective co-ordination of policy and implementation amongst the various departments to promote child development; and
To enhance the capability of the mother to look after the normal health and nutritional needs of the child through proper nutrition and health education.
Beneficiaries
Children in the age group of 0-6 years
Pregnant women and
Lactating mothers
Services under ICDS
The ICDS Scheme offers a package of six services, viz.

Supplementary Nutrition
Pre-school non-formal education
Nutrition & health education
Immunization
Health check-up and
Referral services
Three of the six services viz. immunization, health check-up and referral services are related to health and are provided through National Health Mission and Public Health Infrastructure. The services are offered at Anganwadi Centres through Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHS) at grassroots level.

The delivery of services to the beneficiaries is as follows:
Services

Target Group

Service provided by

(i) Supplementary Nutrition Children below 6 years,
Pregnant & Lactating Mothers (P&LM) Anganwadi Worker and Anganwadi Helper
(Ministry of Women and Child Development (MWCD))

(ii) Immunization* Children below 6 years,
Pregnant & Lactating Mothers (P&LM) ANM /MO
Health system, Ministry of Health and Family Welfare (MoHFW)
iii) Health Check-up* Children below 6 years,
Pregnant & Lactating Mothers (P&LM) ANM/MO/AWW
(Health system, MHFW)

(iv) Referral Services Children below 6 years,
Pregnant & Lactating Mothers (P&LM) AWW/ANM/MO
(Health system, MoHFW)
v) Pre-School Education Children 3-6 years AWW
(MWCD)
(vi) Nutrition & Health Education Women (15-45 years) AWW/ANM/MO
(Health system, MoHFW & MWCD)
* AWW assists ANM in identifying the target group.

Funding pattern
All components of ICDS except Supplementary Nutrition Programme (SNP) are financed through a 60:40 ratio (central : state). The Supplementary Nutrition Programme (SNP) component was funded through a 50:50 ratio. The North East states have a 90:10 ratio.
Under SNP, beneficiaries are given hot meals along with take-home rations. For children, the quantum of rations and meals received depends on their malnutrition levels. SNP is provided for 300 days at the rate of Rs 8 per day for children and Rs 9.50 for pregnant and lactating mothers. Severely malnourished children are allocated Rs 12 per day. Adolescent Girls (11-14 years out of school) are allocated Rs 9.50 per day.
All AWCs are given an annual grant or flexipool of Rs1,000 per annum for meeting emergency costs like referral arrangements, shortage of medicines and utensils. Mainternance grant of Rs 2,000 per annum is given to AWCs functioning in government owned or non-rental buildings.
For AWWs and AWHs
The AWWs and AWHs are paid fixed honorarium per month as decided by the Government from time to time. With effect from October, 2018, the AWWs and AWHs are paid honoraria of Rs.4,500/- per month and Rs.2250/- per month. Workers of Mini-Anganwadi Centres are being paid honoraria of Rs.3500/- . In addition, monthly performance linked incentive of Rs.250/- is also being paid to Anganwadi Helpers for facilitating proper functioning of Anganwadi Centres (AWCs). Apart from these, additional amount of honoraria is also paid by most of the State Governments /UT Administrations from their own resources.
AWWs and AWHs are provided a uniform (saris) in kind or cash (an honorarium of Rs 300) every year.
Population Norms for Setting up of AWCs/Mini-AWCs
There will be 1 Anganwadi centre (AWC) for population of 400-800; 2 AWCs for 800-1600; 3 AWCs for 1600-2400 and thereafter in multiples of 800 -1 AWC.
The norms for one AWC for Tribal/Riverine/Desert, Hilly and other difficult areas will be 300-800
Norms for one Mini AWC will be 150-400.
Norms for Anganwadi on Demand (AOD) – Where a settlement has at least 40 children under 6 years of age but no AWC

Consumer Rights and Responsibilities

Consumer Rights
Right to safety
Right to choose
Right to be informed
Right to consumer education
Right to be heard
Right to Seek redressal
Consumer Protection Act
Consumer Responsibilities
Ask Yourself!
Be Critically Aware
Be Involved
Be Organized
Practice Sustainable Consumption
Be Responsible to the Environment
Consumer Rights Vs Responsibilities

Consumer Rights
Right to safety

Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI,AGMARK, etc

Right to choose
Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices

Right to be informed
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

Right to consumer education
Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

Right to be heard
Means that consumer’s interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer’s welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.

Right to Seek redressal
Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make complaint for their genuine grievances.Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances.

As the markets are globalizing, the direct link between the manufacturer and the final user getting distant, post purchase grievances have to be heard through a strong redressal system. For this, Consumer disputes redressal agencies (popularly known as Consumer Forums or Consumer Courts) are set up under the Act at District, State and National level to provide simple and inexpensive quick redressal against consumer complaints. The District forum deals with complaints where the compensation sought is less than 23 lakhs. This limit is commonly known as the ‘pecuniary jurisdiction’ of the Consumer Redressal Forum. The State Forum deals with the complaints where the value of the goods and services and compensation claimed does not exceed rupees one crore and the National Forum entertains the complaints where the value of the goods or services and compensation claimed exceeds rupees one crore.

The Consumer Forum can order the company to take the following actions once it hears the complaint and decides that the company is at fault:

Correct deficiencies in the product to what they claim.
Repair defect free of charges
Replace product with similar or superior product
Issue a full refund of the price
Pay compensation for damages / costs / inconveniences
Withdraw the sale of the product altogether
Discontinue or not repeat any unfair trade practice or the restrictive trade practice
Issue corrective advertisement for any earlier misrepresentation
Consumer Protection Act
“An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.”(According to Consumer Protection Act, 1986).

Consumer Protection Act, 1986 seeks to promote and protect the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair or restrictive trade practices. This act was passed in Lok Sabha on 9th December,1986 and Rajya Sabha on 10th December, 1986 and assented by the President of India on 24th December, 1986 and was published in the Gazette of India on 26th December, 1986.

Consumer ResponsibilitiesAsk Yourself!
Have you faced any problems as a consumer?
Have you ever complained when you have had such a problem?
Do you know that you could seek the assistance of a consumer group to protect your interests?
Be Critically Aware
The responsibility to be more alert and to question more – about prices, about quantity and quality of goods bought and services used.
Be Involved
The responsibility to be assertive – to ensure that you get a fair deal as a consumer. Remember, if you are passive, you are likely to be exploited.
Be Organized
The responsibility to join hands and raise voices as consumers; to fight in a collective and to develop the strength and influence to promote and protect consumer interest.
Practice Sustainable Consumption
The responsibility to be aware of the impact of your consumption on other citizens, especially the disadvantaged or powerless groups; and to consume based on needs – not wants.
Be Responsible to the Environment
The responsibility to be aware and to understand the environmental consequences of our consumption. We should recognize our individual and social responsibility to conserve natural resources and protect the earth for future generations.

Consumer Rights Vs Responsibilities

Sl.No Rights Responsibility
1 Right to be heard 1. Ensure that the company has provided you the contact details of the consumer grievance handling system and are easily accessible.
2. Avoid purchase of products/services from a company which do not provide
details of the consumer grievance officers to handle consumer grievances
2 Right to Redress 1. Ignoring the loss suffered on purchase of defective goods and services and not filing complaint encourages the corrupt business man to supply low standards or defective goods and services. Therefor file a complaint even for a small loss. File only a genuine complaint.
2. Consumer must file a complaint if not satisfied with the quality of product/services.
3. Claim the penalties/compensation as provided under rules and regulations to ensure that the quality delivery system improves.
4. Study carefully all terms and conditions related to return/replacement of defective goods, refund and warranty policies.
3 Right to Safety 1. While purchasing the goods or services, Consumer must look for standard
quality mark such as ISI, Hallmark, Agmark, ISO, FSSAI , etc.
2. Do not buy any spurious/ fake/duplicate/ hazardous products
4 Right to Consumer Education/ Right to be Informed
1. Do not get carried away by advertisements only or believe on the words of the seller. Consumer must look market reviews/feedback. Similarly inform offers if product and services of companies are of substandard.
2. Consumer must insist on getting complete information on the quality, quantity, utility, price etc. of the product or services.
3. Ask for complete contact details of the consumer grievance mechanism of the company the consumer wish to buy from
5 Right to Choose 1. Access the information available on various alternatives available for the product and services under purchase consideration.
2. Compare specifications, competition and fair prices of the goods and services before finalizing on the purchase
3. Study various feedbacks/reviews of the products/services