"Right to Personal Liberty Under the Indian Constitution - With Special Reference to Judicial Process"

The nature and extent of protection secured to personal liberty has been a subject matter of great controversy and debate. The expression "procedure established by law" as a standard of protection for personal liberty has been looked upon as highly unsatisfactory and inadequate. For, unlike the specific attributes of liberty that are separately guaranteed under Art.19, ‘personal liberty‘ as guaranteed by Art.21 does not obligate the .Legislature to comply with the requirements of justice and reasonableness as and when it enchroaches upon that right. Though the concept of ‘personal liberty‘ has received an evolutive and expansive meaning through judicial process, the standard of protection which the judicial process could secure to personal liberty through the interpretation of Art.21 has been far from satisfactory Even after four decades of judicial process in the interpretation of Art.21 the problem of evolving a just and adequate standard of protection for personal liberty in that Article continues to be 21 crucial constitutional issue, craving for a. satisfactory solution. And the present study is a humble attempt to unravel this problem and to Search for a reasonable solution.

Rights of the Prisoner: An Evolving Jurisprudence

Imprisonment is the most common method of punishment resorted to by almost all legal systems.The new theories of crime causation propounded in the latter half of the nineteenth century gave rise to the feeling that the prisons could be used as appropriate institutions for reforming the offenders. It called for individualisation of punishment.As a result of international movements for humanisation of prisons the judiciary' in tine common law countries started taking active interest in prisoner's treatment.Various studies reveal that much has been done in America to improve the lot of prisoners and to treat them as human beings.The courts there have gone to the extent of saying that there is no iron curtain between a prisoner and the constitution. Most of the rights available to citizens except those which they cannot enjoy due to the conditions of incarceration have also been granted to prisoner.In India also the judiciary has come forward to protect the rights of the prisoners.Maneka Gandhi is a turning point in prisoner's rights.The repeated intervention of courts in prison administration project the view that prisoners have been denied the basic human rights.The High Courts and the Supreme Court of India have been gradually exercising jurisdiction ixl assuming prison justice, including improving the quality of food and amenities, payment of wages and appropriate standards of medical care. Access to courts must be made easier to the aggrieved prisoners.The government should come forward along with some public spirited citizens and voluntary organisations to form a "discharged prisoner“ aid society. The society should exploit opportunities for rehabilitation of prisoners after their release.Most of the prison buildings in the State of Kerala are ill-equipped, ill furnished and without proper ventilation or sanitation and with insufficient water supply arrangements.In India prisoners and prisons today are governed by the old central legislations like Prisons Act l894 Prisoners Act 1900 and the Transfer of Prisoners Act 1950.

Implication of Trade, Livelihood and Employment Exclusion among Workers in Plantation Sector in Kerala

The first part of the study has focused on the trends in area, production and productivity comparing the state’s performance with of national level performance. Also an attempt was made to understand the trends in commodity price over the years especially in the post liberalization period from the early 1990s. Plantation commodities occupy an important share in the country’s export basket and thereby earning foreign exchange to the national exchequer. Taking into consideration the competitive dimension of natural rubber, cardamom and pepper in the export market was analyzed to see penetration of these commodities in the world market.The second part of the study has tried to understand the plantation workers livelihood by understand the employment generation in the sector. Livelihood assets of plantation workers were analyzed to understand the nature of ownership of various assets. Understanding the poor quality and ownership of various livelihood assets and their relative deprivation the study also tried to understand the income-expenditure patterns and the nature of indebtedness among workers and the factors responsible for deprivation and thereby social exclusion.Area, Production and productivity trends of rubber, pepper and cardamom show a mixed picture. Area, Production trends are impacted greatly by the commodity price of the plantation crops.High correlation exists between commodity price and area and production trends of plantation crops in the state.In terms of Natural Rubber, Kerala experienced a steady growth over the years in terms of area production and productivity as the price of rubber has increasedIn terms of black pepper, the state witnessed a deceleration in growth.In the case of cardamom the area of cultivation declined whereas production increasedProductivity of natural rubber, pepper and cardamom has increased substantially over the yearsEmployment pattern in rubber and spices sub-sector has been analyzed by looking in to the commodity prices so as to see the changes in employment pattern over the years. The study has helped to understand that commodity price and employment generation in plantations are interconnected to such an extent that a fall in the commodity price have greater reverberations on the employment pattern in plantations.Livelihood analysis both in the small and large holdings show that workers belonging to rubber (large and small rubber) plantations have shown better possession of livelihood assets when compared to spices plantation workers as 16.2 percent of the spices sub-sector workers claimed about ownership of house which is considered to be an important and primary livelihood asset.In the case of natural assets like accessibility, availability and duration of water for drinking and other household purposes, the situation of workers in spices plantation still remain poor as around 80 percent of workers depending on public well public taps and canals as source of drinking water.Evaluating financial assets also give clear indication that the road to secure financial assets still remains a distant dream for the workers in plantation sectorEvaluating income and expenditure trends pinpoints to the fact that disparity in terms of income exist among the plantation workersWhile observing the employment though wage levels have improved because of improvement in commodity price of plantation crops, significant improvements are not visible in their livelihood and they remain excluded compared to other sections of the society.

Social Structural Determinants of Education among Tribes in Kerala

The study is focused on education of tribes particularly the problem of high dropout rate existing among the tribal students at school level. Scheduled Tribe is one of the marginalized communities experiencing high level of educational deprivation. The analysis of the study shows that the extent of deprivation existing among STs of Kerala is much higher compared to that of other communities. The present study covered tribes of three tribal predominant districts of Kerala such as Idukki, Palakkad and Wayanad. Out of the 35 tribal communities in the State, 17 of them are concentrated in these districts. Tribes concentrated in Idukki include Muthuvans, Malai Arayan, Uraly, Mannan and Hill Pulaya. The present study analyzed dropouts situation in tribal areas of Kerala by conducting Field Survey among dropout and non-dropout students at school level. High dropouts among STs persist due to many problems which are of structural in nature. Important problems faced by the tribal students that have been analyzed, this can be classified as economic, social, cultural and institutional. It is found that there exists high correlation between Income and expenditure of the family with the well-being of individuals. Significant economic factors are poverty and financial indebtedness of the family. Some of the common cultural factors of tribes are Nature of Habitation, Difference in Dialect and Medium of Instruction etc. Social factors analyzed in the study are illiteracy of parents, migration of family, family environment, motivation by parents, activities engaged in for helping the family and students’ lack of interest in studies. The analysis showed that all these factors except migration of the family, are affecting the education of tribal students. Apart from social, economic and cultural factors, there are a few institutional factors which will also influence the education of tribal students. Institutional factors analyzed in the study include students’ absenteeism, irregularity of teachers, attitude of non-tribal teachers and non-tribal students, infrastructure facilities and accessibility to school. The study found irregularity of students and accessibility to school as significant factors which determine the dropout of the students.