Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS). Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state. So information in this article can be utilized by husbands who need to approach police in case of assault, threats, or other criminal complaints against wife/in-laws. That’s where knowledge of law is needed since one’s gender is not the … [Read more...] about SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
Police can only call people via written notice for investigation: Madras High court guidelines on CrPC 160
This recent judgment of Madras HC (when do they plan to change the name to Chennai HC (?)) throws light on provisions of CrPC 160 under which police can call witnesses for investigation for any crime.CrPC 160 is reproduced below:Section 160 – Police Officer’s power to require attendance of witnesses1. Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically … [Read more...] about Police can only call people via written notice for investigation: Madras High court guidelines on CrPC 160
Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.
Note: This article is being put in public domain and can be used by anyone in part or full for any purpose whatsoever. Given recent news about revisit by Supreme Court of prior SC judgment of 27th Jul in Rajesh Sharma vs. State of UP, it has become imperative for men’s rights organisations to come up with their own arguments and get directly involved with the legal and judicial processes about how laws, their interpretation, and implementation are modified by judicial orders. Even the revisit order by SC is based on a PIL by a women’s NGO comprising of women advocates, and so if the logic being extended is that PIL has been filed for protecting women’s rights, then by same reasoning men’s rights organisations can get involved with the PIL and implead themselves into such proceedings … [Read more...] about Points on IPC 498A law, misuse, future PIL for Dowry Law Misuse etc.
Summary of PIL filed in Delhi HC towards gender neutral rape/sexual assault laws
Full details of PIL are at along with PDF of the PIL is available below: https://www.republicindia.org/pil-filed-delhi-high-court-make-rape-laws-gender-neutral-protect-enforce-fundamental-rights-male-children-turning-18-yrs/ Prayer in the Writ Petition: To issue writ in the nature of mandamus or any other appropriate writ, order or directions, to declare Gender Specific Sections of IPC 375 & IPC 376 null, void and unconstitutional as per Article 13(2) of Indian Constitution as in current form IPC 375 & 376 are ultra-vires Articles 21 and 14 of Constitution of India, as after Right to Privacy Ruling where consent and bodily integrity of each citizen is now fundamental rights as a part of the freedoms and are intrinsic part of right to life and personal liberty under Article 21 and … [Read more...] about Summary of PIL filed in Delhi HC towards gender neutral rape/sexual assault laws
Full text of ex-Google engineer James Damore’s memo
Recently a memo circulated internally within Google which talks about biological differences between men and women explaining some reasons behind their differing representation in technology work, among other things; had gone viral on social media. https://www.bloomberg.com/news/articles/2017-08-10/fired-google-engineer-says-company-execs-shamed-and-smeared-him The memo, which was leaked to the public over the weekend, argues that conservative viewpoints are suppressed at Google and that biological differences between men and women explain in part why so few women work in software engineering. Even if someone in Google management had agreed with some of the arguments put forth in his piece, they wouldn’t have felt safe speaking up, he said. Within few days of it becoming viral, the … [Read more...] about Full text of ex-Google engineer James Damore’s memo
SC 2017 guidelines on IPC 498A misuse: family welfare committees, designated IO, less arrests/more settlements, easier bail, recovery of articles, personal exemption to family members etc
Update 14/09/2018: The Rajesh Sharma judgment covered here has been reviewed by Supreme Court, and this article covers the salient points of judgment along with its full text. Update 13/10/2017: The judgment is now up for a revisit by SC (so soon!), and the reason for review is: "We can’t write law. We can only interpret the law.” SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read Petition] The women's NGO (comprising of women advocates) which wanted a review of the judgment gave reasoning and statistics about how rural women benefit from IPC 498A and how the 'evil' well-educated women misuse the law, but surprisingly in the end they mainly prayed only for addition of women members to FWC. It seems like the gender of who gets to be the committee … [Read more...] about SC 2017 guidelines on IPC 498A misuse: family welfare committees, designated IO, less arrests/more settlements, easier bail, recovery of articles, personal exemption to family members etc