Law Commission has recently asked for opinions from stakeholders on reforms required in the Advocates Act, 1961, the last date of which is 31st Aug 2016. So interested people can read the analysis and suggestions below, and send whatever suggestions they agree with to lci-dla@nic.in https://www.facebook.com/Law-Commission-of-India-1661261260775559/?fref=nf Hon’ble the Supreme Court of India , in criminal appeal No.63 of 2006, Mahipal Singh Rana v. State of U.P., has asked the Law Commission of India “to go into all relevant aspects relating to regulation of legal profession in consultation with all concerned” at an early date. In view of this, the Law …[Continue Reading]
Comments on Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016
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]
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]
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
Law commission recommends amendments to HMGA, 1956 and GWA, 1890 for joint custody and shared parenting
Subsequent to Law Commission of India’s invitation to public in Nov 2014 to comment on its consultation paper about custody law reform in India, it has recently released its recommendations to the Law Ministry on amending both Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890. Full PDF of report is given below (linked from Law Commission’s website): Law Commission of India Report no 257. Reforms in Guardianship and Custody Laws in India. May 2015 As per the report, there were 125 responses to Law Commission’s invitation for comments. In a country of 1.25 billion, there were …[Continue Reading]
Government proposes making IPC 498A compoundable
On 11th Mar, 2015 in Rajya Sabha, government disclosed its intentions of making IPC 498A compoundable: Minister of State for Home Affairs Haribhai Parathibhai Chaudhary, in a written statement in Rajya Sabha, replied with a “yes, sir” when he was asked whether government proposes to make Section 498A of IPC a compoundable offence by appropriate amendments in the CrPC.“The government has the proposal to make Section 498A of the Indian Penal Code a compoundable offence, with the permission of the courts, as per the recommendations of the Law Commission of India and the .. I have already posted about the …[Continue Reading]
Mailing addresses of PM, law minister, finance minister, VHP, RSS etc
Letters against IrBM/Marriage Amendment bill can be sent to addresses below using speed post/registered post. No postcards to government, they may be discarded. For non-government, ordinary letters and postcards should be fine apart from speed/registered. Samples of letters are available here. After sending the letters, you can update the google spreadsheet with details: goo.gl/9tpqfB Contacts in government PM at PMO: Shri Narendra Modi JiHon’ble Prime Minister of IndiaPrime Minister’s Office,152, South Block,Raisina Hill,New Delhi-110011 १) श्री नरेंद्र मोदी जी,माननीय प्रधानमंत्री जी,प्रधानमंत्री कार्यालय,152, रायसीना हिल, साऊथ ब्लॉक,नई दिल्ली-110011 PM at Residence: Shri Narendra Modi JiHon’ble Prime Minister of India#7, Race …[Continue Reading]
Send email/post to law commission to implement shared parenting law to get better child access/custody/visitation
Law Commission of India has released a Consultation Paper on Adopting a Shared Parentage System in India on Nov 10, 2014. Any citizen can submit their suggestions which have to reach law commission latest by Dec 5, 2014. All fathers and men facing marital issues are advised to send their suggestions to Law Commission in favour of shared parenting being adopted in India, which will help fathers to get better access to and reasonable shared physical custody of their children. If you do strongly feel however that mother is always best for child, just remember the unwritten rule followed in …[Continue Reading]
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