Concept Note

The ‘Centre of Excellence for Women, Child and the Law’, IFIM LAW COLLEGE, in association with Juris Law Offices, Delhi is organising ‘Feminae Empoderamiento’ –National Legal Drafting Competition 2018. CEWCL has been established with an avowed object of deliberating issues relating to women empowerment, child rights and spreading awareness about gender equality.

It had organised two mega events viz., A Panel discussion on UCC in securing Gender Justice and Celebration of International Women’s Day.

About the organisers

IFIM Law College

IFIM Law College, located in the heart of Electronic City, Bangalore, is a unit of IFIM Institutions which have been at the fore front of quality education in India for more than two decades. IFIM Law College, approved by the Bar Council of India (BCI) and affiliated to Karnataka State Law University (KSLU), Hubballi was established in 2015 with an aim to impart quality legal education that will produce competent and socially responsible legal professionals.

The College has established various Research Centres including the Start-up Law Incubator Clinic; Centres for Excellence on Corporate and Commercial law; Medical Law; Women, Child and the Law; Consumer Laws and Alternative Dispute Resolution with an aim to create good research culture. These Centres focus on research and conduct lot of research related activities. Our students are further encouraged to participate in various national and international moot court and debate competitions.

Centre of Excellence for Women, Child and the Law (CEWCL)

The CEWCL was established at IFIM Law College with a focus on “empowering women and children to live with dignity by striving to achieve secure society – free from all kinds of violence and discrimination”.

In the year 2017, the Centre had organised One-day Panel Discussion on the ever-burning concept of ‘Uniform Civil Code – An Endeavour Seeking Gender Equality’. It has also undertaken various female – oriented initiatives in pursuit of the sublime objectives for which it has come into existence.

Currently, the Centre aims to achieve its Mission of ‘uplifting subjugated class through legal machineries and fight for their justice’ by inviting legal fraternity to delve into the current socio-legal issues concerning the Women/Child at large and there-by play a pro-bono role in rendering a comprehensive solution through legislative framework.

Juris Law Offices, New Delhi

Juris Law Offices is a global Network of Independent Law Firms with more than 60 lawyers in India and abroad. With 5 Offices in India, the firm is on the panel of many leading names in respective industries.
They work with a motto of continuously evolving themselves.

About the event

The Nomenclature ‘Feminae Empoderamiento’ is the result of coinage of ‘Feminae’ a Latin term signifying ‘Women’ and ‘Empoderamiento’ a Spanish term signifying ‘Empowerment’, in toto implies ‘Women’s Empowerment’.

Law which discharges the role of a regulator has enormous power to regulate the conduct of the people to whom it applies. The efficacy of any law depends upon the wisdom with which it is drafted that as such it can be a thorn on the path of people or a rose. Law should aim at ameliorating the position of people rather exposing them to unmitigated hardship.

Accordingly, much depends upon how judiciously the law makers draft any law. The law makers should necessarily seek public opinion with respect to any matter which falls into the sphere of public policy.

The proposed event provides an opportunity to the legal fraternity to showcase their acumen in legal drafting in the light of public opinion by stepping into the shoes of law makers.

The best drafts will be sent to concerned department for their consideration.

Topics

As the part of the competition the participants are expected to draft a ‘BILL’ on any one of the topics mentioned below.

  1. THE REGULATION OF HEINOUS CRIMES AGAINST WOMEN AND CHILDREN BILL, 2018
  2. CHILD NEGLECT (PREVENTION AND PROTECTION) BILL, 2018
  3. THE UNIFORM CIVIL CODE, 2018
  4. THE COMPENSATORY SURROGACY (REGULATION) BILL, 2018
Terms and Conditions

Eligibility:

The event is open to all law students pursuing Post-graduation (LL.M) /Graduate Degree (either pursuing 3 years or 5 years Law Course/s from any recognised University or Legal Institution) within the territory of India.

Students pursuing Law at post-graduation level are eligible to draft Bill on the topics contemplated either in Sl No. 2 or 3.

Students pursuing Law at graduate level are eligible to draft Bill on any one of the topics contemplated above.

Number of Participants: One team per college (Maximum 03 and Minimum 02)

Participation Fee: Rs. 2000/- per team

Registration Procedure

Each team   must   register   with   the   CEWCL   by   sending   an   email   to ashmithafightfordignity@gmail.com

The mail shall contain the following particulars

  • name of the participants
  • name of the institution/organisation/Office
  • year of study/experience
  • a scanned copy of institutional/organisational identity card.
  • Teams are requested to send their first soft copy of the E-draft (800-1000 words) on or before 21st July 2018.
  • The teams shortlisted for Final Round Presentation will be announced on 25th July 2018.
  • Qualified teams for final rounds need to submit their soft copy of the E- Draft Bill on or before 28th August 2018.
  • Hard copy of the E-draft shall reach the organising committee on or before 30th August 2018.
  • The teams shortlisted need to present their draft before the Selection Committee on the day of the event.
  • The marks awarded by the Selection Committee shall be final and binding on the participants. No further Appeal shall be entertained in this manner.
  • Accommodation can be arranged on special request and on payment of additional amount.
  • The final draft submitted shall be the property of the College, that the participants waive their copyright on the same.
  • The draft (Prelims and/or final) shall be based on the themes contemplated above.
Brief about the themes

THE REGULATION OF HEINOUS CRIMES AGAINST WOMEN AND CHILDREN BILL, 2018

It is women and children than anyone else who are exposed to heinous crimes. The Nirbhaya Rape case which has created shock waves across the nation inviting wrath of people from all walks of life and the aftermath of the decision in the above case compelled the government to amend the JJ Act 2000 to scale down the age of a young person who is in conflict with law from 18 to 16 years.

The current legislation has failed to check the perpetration of heinous crimes against women and children. The need of the hour is a stringent specific law in this regard which contemplates severe punishment for the offenders.

Hence a separate legislation in this regard needs to be enacted with the nomenclature of The Regulation of Heinous Crimes Against Women and Children Bill 2018 so that anti-social elements shall not use children/women as means of committing heinous crimes.  These heinous crimes must be identified for severe punishment that it shall have deterring effect on the potential perpetrators of such crimes.

CHILD NEGLECT (PREVENTION AND PROTECITON) BILL, 2018

Neglect signifies an act of omission. It is very difficult to identify an act of omission. But it causes grave injury to the children that they are deprived of a qualitative life. In the context of children, it implies failure to provide them the care compatible with their age. Neglect of a child can be broadly categorized as follows,

  1. Physical
  2. Emotional
  3. Medical
  4. Educational

Research manifests that the youngest children ranging from birth till 3 years of age were among the substantial number of victims. The children at such an early age require proper supervision and care failing which it scars them emotionally and mentally. It is obvious that the children who are victims of negligence become addicted to alcohol and drugs.

Furthermore, they behave irrationally. Such children are mentally unstable. It is found that most of the parents do not hurt or neglect intentionally. They are constrained to do so because of their professional commitments. In the case of the parents who are addicted to alcohol and drugs the children are ipso-facto neglected. The neglected children generally suffer from depression, anxiety and dissociative disorders.

In India there is no specific law which addresses the ill-treatment and neglect of children. In effect the crimes against the children have assumed menacing proportion. There is a desideratum for a comprehensive legislative space to check all atrocities against children with iron hands.

THE UNIFORM CIVIL CODE, 2018

The pre and post Constitutional debate on enactment of Uniform Civil Code is continuing unabatedly without any solution loaded with a plethora of hair splitting arguments raised by the protagonists as well as antagonists. It is said that the lack of a Uniform Law has culminated in grave injustice to many sects of society depriving them their constitutionally guaranteed right of equal protection of laws.

Further it is believed that the hitherto unachievable gender equality can be achieved through Uniform Civil Code.It is felt that Uniform Civil law with respect to marriage, adoption, divorce, maintenance, inheritance and succession will lead to national integration and unity.

THE COMPENSATORY SURROGACY (REGULATION) BILL, 2018

The Surrogacy (Regulation) Bill 2015 has prohibited commercial surrogacy without any exceptions whatsoever. Despite its flaws, it is the only source of begetting with a child for many parents who are deprived of the bliss of having a child. Therefore, it is suggested that besides altruistic surrogacy, in the place of commercial surrogacy, compensatory surrogacy can be allowed.

As a reward to the surrogate mother monetary compensation can be thought of for the pain of begetting a child from conception to delivery, medical expenses, pre-natal and post-natal care, insurance and an incentive to be a surrogate mother in the interest of unfortunate childless couples craving to have a child.

A comprehensive legislation which could balance both altruistic and compensatory surrogacy is the need of the hour.

Rules for Drafting

As the themes are novel and there is no literature on the subjects, the teams are directed to follow the standard rules of drafting a legislation. The related Acts for the time being in force in India or from the link provided below may be referred to.

Click here

Evaluation criteria

The evaluation is being based on parameters set by Juris law Offices, New Delhi. It focuses on the practicality and viability of the Bill drafted.

Evaluation parameters are attached at the end of this brochure (See ANNEXURE – ‘A’).

Citation Style: Uniform Style of Citation should be adhered to.

Format of the Main Text & the Footnotes: The draft should be in Times New Roman in 12 font size. The footnotes shall be in Times New Roman in font size 10. A line spacing of 1.5 for the main text and 1.0 for the footnotes is to be adhered.

The best draft from each theme will be published in the IFIM Law College website and will also be forwarded to the concerned department for their perusal.

 The prizes are as follows,

  1. The Best Team: Cash Prize of 7,000/- and Certificates
  2. The Runner- up Team: Cash Prize of 5,000/- and Certificates
  3. The Second Runner – up Team: Cash Prize of 3,000/- and Certificates.
  4. All the other participants in the final round will receive ‘Certificate of Participation’ and the representative colleges will receive memento as a ‘token of appreciation’.
Important Dates
Preliminary registration of the teams 21st July, 2018
Submission of first E- draft 21st July, 2018
Communication of acceptance of first E- draft On or before 25th July, 2018
Registration of team for final rounds with payment On or before 04th August, 2018
Submission of final E- draft

Submission of hard copy of final draft

28th August, 2018

30th August, 2018

Date of event 27th and 28th September, 2018

 

Please contact the Organising Committee for further queries

  1. Shagufta Anjum: Faculty Convener-9886294397
  2. Manju Shri. V: Student Convener-9738483409
  3. Sai Prasad: Student Co-ordinator & Campus Ambassador, Juris Law Offices, New Delhi
  4. T S S Vaishnavi: Student Convener-7259384097

 

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