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Title
Statement
CERTIFICATE
CONTENTS
Preface
ABBREVIATIONS
I. Introduction
II. The Problems of the state liability
The Concept of State liability
Relation between the state and the law
State action in relation to human right
III. Constitutional Torts
Theories which support Constitutional torts in India
Development of Article 21 in the human rights perspective
Criminal justice by the Constitutional courts
Reasons which led to the idea of Constitutional Torts
Emerging constitutional torts jurisprudence in India
Development of Constitutional torts
Custodial violence
a) Death due to torture
b) Arrest and illegal detention and torture
c) Hand cuffing
d) Death due to the negligence of the officials of the state
e) Medical negligence
f) Negligence of the authority
g) Negligence of Hazardous industry
h) Riot cases
Atrocities against women
Victims of rape
Remedy available to the non-citizen
CONCLUSION
Suggestion
IV. Remedies available Through Writ Petition
(i) Origin, Purpose and Proceeding of the writ
a) Different types of writs
b) Origin and development of writs in India
(ii) Remedies available through writ courts
(iii) Remedy in case of gross human rights violation
a) Encounter deaths
b) Custodial deaths
c) Custodial rape and atrocities against women
d) Custodial torture
e) Illegal arrest and detention
f) Not protecting citizen from riot
g) Breach of duty by public administration
1. Failure to take precautionary measure
2. Not providing timely medical aid
3. Not protecting the right of passengers
4. Not protecting the prisoners from co-accused
5. Negligence of the officers of the state
(iv) Non -Compliance of the directions of the court
a) Handcuffing
b) Failure to follow formalities while arresting
(v) Conclusion
(vi) Suggestion
V. Remedy Available Through Civil Courts
(i) Remedy in private law for breach of duty
(ii) Remedy in Public law for breach of duty
1. Development of State Liability in India
A. The Vedic Period
B. The Mughal Period
C. The British Period
(i) Liability of the East India Company in 1831
(ii) P&O Steam Navigation case and Government Of India Act 1858
(iii) Divergent views from P &Os Case
(iv) Government of India Act 1915 and the liability of the state
(v) Government of India Act 1935 and the State liability
(vi) Constitutional Provision for fixing state liability
(vii) Article 300 and its interpretation
D. Present Method of determining state liability
(i) Liability on the ground of Non-sovereign function
(ii) Exemption from liability on the ground of Sovereign function
E. Conclusion
2. Law Relating To State Liability in the U.K the U.S.A & FRANCE
A. Law relating to state liability in England
(i) The Crown Proceedings Act 1947
(ii) Merits of English legal system
B. Law relating to state liability in U.S.A
(i) The Federal Tort Claims Act 1946
(ii) Merits of the system
(iii) Defects of the system
C. State liability - French Legal System
(i) Development of state liability in France
(ii) French doctrine of state liability
(iii) Merits of French Conseil d Etat
(iv) Conclusion
(v) Suggestion
VI. Remedies Available Through Sessions Court
(i) Development of Criminal Law in India
a) Vedic Period
b) Mughal Period
c) British period
(ii) Implementation mechanism through Sessions courts
a) Compensatory
b) Precautionary
(iii) Remedy through Session Court Abuse of power
b) Custodial death
c) Custodial torture
d) Atrocities against the women
(iv) Conclusion
(v) Suggestions
VII. Remedies available through NHRC
(i) Protection of Human rights Act
(ii) Brief Report about the Steps taken by NHRC
(iii) Excesses of enforcement agencies
a)Custodial deaths
b) Disappearance
c) Encounter deaths
d) Failure in providing medical aid
e) Abuse of power
f) Atrocities against women
(iv) Conclusion
(v) Suggestion
VIII. Conclusion & Suggestions
Suggestions
Suggestion to improve implementation mechanism
An Alternative Implementation Mechanism - in case of human rights violation by enforcement agencies
Merits in the alternative implementation mechanism
BIBILIOGRAPHY
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