This is the difference in treatment by corrupt Indian police and complicit judiciary when an ordinary citizen is faced with a cognizable offence versus a celebrity who is in same situation. Shoaib Malik has been charged with IPC 498a among other sections of Indian Penal Code. Since this is a cognizable offence -- which means person can be arrested without magistrate’s warrant – the police in India is only too happy to put behind bars the accused and family members the moment the ink dries up on a 498a FIR, or even earlier probably in some cases. So I wonder with eyes open when I read the news below: Malik is cooperating with cops, no question of arrest On the possible arrest of the former Pakistan captain, the lawyer cited a Supreme Court ruling and said, ‘‘Shoaib is cooperating … [Read more...] about IPC 498a on Shoaib: Police comes home to investigate!
Press release: Scrap IPC 498a, Refer Shoaib Malik Case
PRESS RELEASE Subject: SIFF demands scrapping of Section 498a, even as Pakistani cricketer Shoaib Malik gets implicated in it. Save Indian Family Foundation, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498A, Domestic Violence Act, etc. voices its strong concerns in the matter of a case under Section 498A being filed against Pakistani Cricketer Shoaib Malik. Marriage disputes before, during and after marriage are civil disputes and they have to be tried under a civil court. It has become a regular habit for women and their families to invoke section 498a for every petty dispute in marriage. It is dangerous if every marriage or relationship dispute is considered a crime by the Government and it sends police to … [Read more...] about Press release: Scrap IPC 498a, Refer Shoaib Malik Case
Shoaib episode: Indian feminists rubbing their hands with glee
In Sania Mirza-Shoaib Malik episode, some people think about it as marriage of celebrities, some think about whether it will do something good to Indo-Pak relations and so on. But there is a curious species on this planet which only seems to be interested in getting men behind bars – and you guessed it right, it goes by the name Indian feminists. Friends find Siddiqui family’s tactics strange From the above news story, this is what a women’s organisation representative has to say: Women activists Deccan Herald spoke to agree it is a complex case and they are happy they don’t have to deal with it. It is a complex case and they are happy they don’t have to deal with it. Am I surprised? When were feminists dealing with issues of substance, except heaping insults and hatred on men … [Read more...] about Shoaib episode: Indian feminists rubbing their hands with glee
Practical techniques in filing RTI applications
It is one thing to draft an RTI application properly with right PIO, address, Postal order etc, but there is still no guarantee that your application may not come back purely based on some technical grounds. Here we will discuss some advanced techniques used by RTI applicants to make sure that the RTI application is always accepted and they do not lose time in re-filing of application. Usually RTI applications are accompanied with Indian Postal Order (IPO) as form of payment. Sometimes the RTI application is sent back (not rejected though) by a government department saying that the should be payable to Pay and Accounts Officer (PAO) of so an so department. Basically, the application has been rejected not because of fault in it but because the pay order had the name of wrong person! … [Read more...] about Practical techniques in filing RTI applications
Both parents are responsible for unmarried daughter’s maintenance
It seems points of law can get clarified only when an unusual case arises and someone takes it all the way to high court or supreme court. http://timesofindia.indiatimes.com/city/mumbai/Child-cant-pick-parent-to-seek-maintenance/articleshow/5753124.cms MUMBAI: Can a child choose from which of her two separated parent she wants maintenance or funding for higher education? In a recent but unusual case, a Bombay High Court order may have ensured that the girl, no longer a minor, who had sued her father for child support may now get her mother, in whose custody she is, to chip in as well. The HC allowed the plea of a 56-year-old man to make his ex-wife a party to case for maintenance filed by his daughter against him. Justice Roshan Dalvi set aside an order passed by judge V J Lohiya … [Read more...] about Both parents are responsible for unmarried daughter’s maintenance
Mumbai HC quashes domestic violence case as abuse of law
Recently Delhi HC had granted relief on PWDVA case which happened before the act came into force, based on Article 14 of constitution granting equality. We are thankful that there are some judges like this Mumbai HC judge who did not go 15 years back in quest to grant retrospective operation of laws. HC quashes '15-yr-old' domestic violence case MUMBAI: A 44-year-old woman who approached the court with a complaint under the Domestic Violence Act against her husband, a junior college lecturer, who had "deserted" her 15 years ago was shown the door by the Bombay high court. Justice A B Chaudhari quashed Amravati resident Shalini Kale's complaint against her estranged husband Kishore Kale (52) and ruled that she was not entitled to any benefits of the 2005 law enacted to protect woman … [Read more...] about Mumbai HC quashes domestic violence case as abuse of law