Following are my comments on the Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016: 24. Presumption of certain offences Where a person is prosecuted for committing or abetting or attempting to commit any offence under section 16 and 17 of this Act or offences under section 370-373 of Indian Penal Code, 1860, the Special Court shall presume that such person has committed the offence, unless the contrary is proved. If by the word prosecution it is meant about start of trial after filing of charge sheet by police, then above section of the draft bill adds to the …[Continue Reading]
Critique and comments on Draft National Policy for Women, 2016
Following are my comments on Draft National Policy for Women, 2016: 1.6 Several paradoxical trends have been observed in the past few years. The growing acknowledgement of gender rights and equality is juxtaposed against increase in reporting of various forms of violence against women such as rape, trafficking, dowry etc.; Above conclusion is given without any statistical data, to demonstrate if increase in rape, dowry etc are much higher than population growth. 1.8 The current status of women with respect to human development parameters, legal rights for women to life and freedom from violence, economic and social discrimination and their …[Continue Reading]
Presumptions in law in crimes against women and matrimonial law
Most of the criminal law is based on what society perceives as common sense standards of acceptable or non-acceptable behaviour in a given situation, where one’s actions can cause harm to others for no justifiable reason. For example, murder is a crime in all cultures and societies, because no one wants to risk getting deprived of his/her life at little or no notice; and society has agreed that taking away someone’s life has to have very good reasons for doing it. Same reasoning would apply to lesser crimes like theft — that one cannot deprive another person of property or …[Continue Reading]
How to safeguard from false cases by wife–Part 1
“How should I safeguard myself and my parents from false cases?” – is one of the most common question raised by men — after having given a brief or not so brief write-up of their story of abuse/threats/false allegations/insults/humiliation at the hands of wife. In many of these instances, the husband and family are already facing multiple cases filed against them, so the question about how-to-safeguard seems to be after the fact. Maybe many people are scared and expecting the skies to fall down as the cases progress forward, so whatever may be the individual feelings, the question about how-to-safeguard …[Continue Reading]
Analysis of provisions for punishing false cases/allegations and false evidence in IPC and CrPC
Lot of the time people who are facing false cases — be it IPC 498A, false domestic violence allegations under DV Act, — tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints. All those demands are from made with good intentions, but there is a saying: “the road to hell is paved with good intentions”. Which means: Even if we start doing something with …[Continue Reading]
Various HC approve Child Access & Custody Guidelines along with Parenting Plan
An NGO Child Rights Foundation based in Mumbai has been working for shared parenting and reasonable access of children to fathers/both parents; and high courts of Mumbai, Madhya Pradesh, and Himachal Pradesh have included these guidelines as either recommendations or as a guidance document, to be followed by judges of lower courts including sessions, district, family court judges, marriage counsellors in matters of deciding upon child custody and visitation orders. Click this to download a PDF of the custody and parenting plan guidelines document A probably first of its kind May 2015 judgment of Bandra, Mumbai Family court which gave …[Continue Reading]
Invoke IPC 209 on those making false complaints – Delhi HC judgment by Justice J R Midha
I am beginning to build respect for Justice J R Midha of Delhi High Cout. Few of his previous judgments are already covered on this site. Those refer to his decisions on making filing of income and assets affidavits mandatory in any matrimonial suit (divorce, RCR etc), so the the time of court and both parties can be saved in trying to find the level of income/assets of husband and wife, and need for maintenance of wives. This recent judgment marks a departure from judiciary’s almost lack of concern for unscrupulous litigants and accusers from wasting time of courts, taxpayers’ …[Continue Reading]
Delhi Sessions Court raises question about dignity of falsely accused men in rape cases
Following recent judgment of Delhi Sessions Court by Justice Nivedita Anil Sharma about dignity of falsely accused man in a rape case, has been much published in print media, and getting shared on social media too. The judgment has referred to terming such falsely accused men as rape case survivor, a term used first in a judgment by Justice Virender Bhat, again about a rape case in Delhi; probably because Delhi has become the false rape capital of India. At the end of the judgment are passages related to falsely accused in rape cases: 185. It cannot be ignored that …[Continue Reading]
Video: Prenuptial agreements in India – Who benefits?
Following are the news and data referred to in the above video. The referred news on proposal by Women and Child Development (WCD) ministry to introduce prenuptial contracts in Indian marriages: http://articles.economictimes.indiatimes.com/2015-09-18/news/66677506_1_couples-agreements-pacts Sec 23, 26 of Indian Contract Act referred from here: http://www.vakilno1.com/bareacts/indiancontractact/indiancontractact.html#23_What_consideration_and_objects_are_lawful_and_what_not Woman who cheated yet got pre-nuptial thrown out in her favour: http://menrightsindia.net/wp-content/uploads/2014/04/woman-adultery-asking-can-I-increase-my-alimony.jpg When a pre-marital contract may become invalid: http://family.findlaw.com/marriage/top-10-reasons-a-premarital-agreement-may-be-invalid.html
Video: Women’s Reservation Bill – A Necessity? Or just going with the trend?
The data, and reports referred to in the video are from below sources: https://standupforacause.wordpress.com/2013/10/02/women-in-work-force/ http://www.prsindia.org/uploads/media/scr%20Women%20Reservation%20Bill%202009.pdf http://timesofindia.indiatimes.com/india/Life-expectancy-in-India-goes-up-by-5-years-in-a-decade/articleshow/29513964.cms
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