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Curative Petition
What is Curative A curative petition may be filed after a review plea against the final
Petition? conviction is dismissed.
Origin of Curative evolved by the Supreme Court in the Rupa Ashok Hurra Vs.
Petition Ashok Hurra and Anr. Case (2002)
What Constitution no explicit mention of Curative Petition in the Constitution of India.
says? Article 137 provides for the review power of SC over its own
judgments.
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SC has clarified that the Court's curative power derives from Article
142 of the Constitution, which grants the Court the power to do
justice.
What SC says about a curative petition can be entertained if- a violation of the principles
Curative Petition? of natural justice, and that he was not heard by the court before
passing an order.
judge failed to disclose facts that raise the apprehension of bias.
curative petitions must be rare rather than regular.
not governed by the provisions of the Limitations Act.
Mercy Petition Vs. Review Petition- A review petition can be filed by the parties
Review Petition Vs. aggrieved by the decisions of Supreme Court under Article 137.
Curative Petition Mercy Petition- under Article 72 or 161, not treated on legality
rather mercy.
Curative petition- filed after a review plea against the final
conviction is dismissed.
Conditions Review petition rejected. New evidence/ arguments found which
were not presented earlier before court. Allegation of biasness from
judge’s side. Certified by the senior-most lawyer. Circulated to the
three senior most judges and the judges who delivered the impugned
judgement and accepted by them.
Rejection of In the event of the Bench holding at any stage that the petition is
Curative Petition without any merit, it may impose a penalty on the petitioner.
When no new evidence found, it can be rejected.
No finding of biasness
What is NGO Non-profit making groups formed for social welfare or mankind.
Historical Begin with the formation of Brahmo Samaj, Arya Samaj, Ramakrishna
background- Mission etc. Worked for relief, rehabilitation, removing social evils etc.
Registration Can be as society, trust, cooperative, civil society or charitable
company.
Role For awareness, education, research, welfare of marginalized sections,
skilling, training, surveying, environment protection, development of
rural areas, culture revival, healthcare facilities.
Funding- Both government and foreign. Foreign funding under FCRA 2010.
Exemption under IT Act Sec 80G.
Issues with Opaqueness, lack of accountability, hidden motives, interference,
NGOs- foreign influence, partnership with non-state actors.
Problem of Lack of funding, accreditation, trained personal, reach, corruption,
NGOs- public distrust.
Constitutional Article 19(1)(c), Article 43(b), Entry 32 of State list and Entry 10 and
Provisions 28 of Concurrent list
Statutes for Foreign Contribution (Regulation) Act, 2010, Foreign Exchange
NGOs- Management Act, 1999.
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NGOs and RTI- As per SC decision, now NGOs with substantial government funding
comes under public authority under RTI act.
Way forward Need for accreditation agency, need for monitoring and surveillance,
proper funding, need for policy, deregulation to certain extent.
What are SHGs? Informal group of 10-20 individuals, grouped voluntarily to promote
common interest.
Historical Began in 1985 with MYRADA. Then in 1992, NABARD started
Background- promoting it through SHG Bank Linkage Programme.
Characteristics- Homogenous background, common interest, active existence for at least
last 6 months, savings and credit operations, maintains records,
democratic working
Principles- Mutual trust, group approach, spirit of thrift, demand based lending,
collateral free, poor friendly lending, skill training, capacity building,
empowerment, peer pressure for repayment.
Formation- Begin without any external support, member contributions, lending from
this small sum, after 6 months of proper and efficient functioning
eligible for bank finances
Objective- Saving and banking habits, financial and technical strength, economic
prosperity, women empowerment, availing loans, capacity building,
community development
Benefits- Social integrity, women empowerment, pressure groups, voice to
marginalized sections, financial inclusion, easy access to government
schemes, changes in consumption patterns, banking literacy, saving and
financial decision making, access to credit, employment, participation in
local government, decision making within the household, self confidence
among members, change in household violence, community
participation.
Opportunities- Rural poverty alleviation, economic empowerment, resources utilization,
community development initiatives, leadership skill development,
cultural advancement, promoting rural arts, rural culture revival.
Challenges- Dependence on government and NGOs, lack of knowledge and training,
patriarchal mindset and social stigma, diversion of money, regional
disparities, sustainability, rural banking, lack of supporting
infrastructure, lacks security.
Government SHG-Bank Linkage Programme, Swarna Jayanti Swarojgar Yojana,
response- NRLM, Deendayal Antyodaya Yojana, MUDRA loan.
Recent Covid-19 compacting through masks production, sanitizers and PPE kit
Development- productions, Sanitary Pad ‘Asmita Plus’ in Maharashtra, Disposable
carry bags to replace plastic bags, promotion of One District-One
Product scheme
Way forward- Government as facilitator and promoter, reducing regional disparities,
expansion of financial infrastructure, extension of SHGs to urban areas,
monitoring and reporting, need based approach.