Following notification has been posted on Ministry of Women and Child Development for comments from public on Draft National Child Protection Policy. Draft of the National Child Protection Policy can be downloaded from below: Draft National Child Protection Policy Dec 2018 Following are some examples of feedback and comments which can be given on the same and sent to [email protected] (latest by 4th Jan 2019). One should give one’s full name, address, mobile number, and email along with the comments sent by email. Feedback/Comments on Draft National Child Protection Policy Due to rising separation and divorces in India, many children - whose parents are living separately or divorced already - are being made to suffer due to restrictions being placed on children’s access to … [Read more...] about Feedback on Draft National Child Protection Policy
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 sweeping powers given to state/police/prosecutors to apprehend someone based on some given report, and then that person will have not only the problem of arranging bail for this non-bailable offence, … [Read more...] about Comments on Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 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 rights to equality and equity shows that a lot still remains to be done. It is necessary therefore, to reinforce the rights-based approach for … [Read more...] about Critique and comments on Draft National Policy for Women, 2016
“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 still remains there, waiting to be asked, and probably any answer will not be able to satisfy them fully. The intention behind their question is not merely to find out about how to … [Read more...] about How to safeguard from false cases by wife–Part 1
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 good intentions, we may end up with bad consequences; because merely having good intentions is not enough, it has to be backed by proper analysis, and then taking right actions at right time. And one should be flexible and open-minded … [Read more...] about Analysis of provisions for punishing false cases/allegations and false evidence in IPC and CrPC
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 … [Read more...] about Video: Prenuptial agreements in India – Who benefits?