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 …[Continue Reading]
Government asks Supreme Court to allow audio-video recording of court proceedings
It must be the season for news about CCTV and audio-video recordings. After I reported on two recent news about Supreme Court ordering CCTV in police lock-ups and prisons, and Supreme Court asking for CCTVs in all Delhi police stations; there is now news that the government is requesting Supreme Court to allow audio-video recording of court proceedings. You hit us, we hit you! It’s all good in the end, because the main beneficiary of all this tussle between executive and judiciary will be the common man. In any case, both the police and judiciary are considered practically inaccessible to …[Continue Reading]
Supreme Court makes CCTV mandatory in all police stations
According to this latest news, Supreme court has made video capturing via CCTV mandatory in all police stations. Update Jul 27, 2015: This news has appeared only in few newspapers so far. According to this news reported by Economic Times, the SC has made CCTV to be mandatory in prisons, and in police lock-ups. Police lock-up does not necessarily imply all rooms of the police station are to be monitored under CCTV, but definitely CCTV should cover the lock-up rooms where arrested people are detained. Even that should be a good start, and within few months, people can start filing …[Continue Reading]
Supreme court says let adamant husbands be raped by 498a, but spare old parents
One thing which I have maintained is that if our Supreme Court gives one judgment which seems to be favour of husbands, it will be followed within 6 months with another judgment which will remind them their due role within the family; which was eloquently put once by ex-Justice Katju’s in SC: A vacation bench of justices Markandeya Katju and Deepak Verma observed, “Bibi joh boltee hai woh sunno (listen to whatever your wife says), as otherwise it could land you in trouble. Because if you do not listen to her, you will suffer the consequences.” “Hum sab bhogi hai …[Continue Reading]
Right of daughter-in-law in in-laws’ property under review by Supreme Court
Right of residence of a wife in shared household under DV Act (Protection of Women from Domestic Violence Act) doesn’t apply to in-laws’ property. The law itself doesn’t allow it as given in 2006 SC Batra vs. Batra judgment on shared household and also in this recent judgment of Delhi HC where woman was denied right in self-acquired property of father in law. It is not clear if the following appeal to SC has been initiated by same woman. In any case, the woman /daughter-in-law who has appealed to SC is said to be a practising advocate, so let it …[Continue Reading]
Wife making wild allegations ground for divorce – Supreme Court
Just posting this news, I don’t place any weightage to such judgments where husband gets a divorce ostensibly on grounds of irretrievable breakdown of marriage but actually by paying up 25 lakh in name of child, but after the 16 years old child turns 18, we all know who will be the utilizing that money! Also, let’s be clear a divorce on grounds of irretrievable breakdown of marriage can only be given by Supreme court so people should not waste time on searching the net about how to apply for it in family or high court. Also men need to …[Continue Reading]
Supreme Court judges are only men, they could suffer!
Finally the Indian Supreme Court has got a new kind of mud thrown on its face. Allegations of sexual harassment against a judge. http://www.deccanherald.com/content/368661/intern-alleges-sexual-harassment-ex.html The law student had accused the judge, since retired, of sexually assaulting her last December, when the country was witnessing protests over the December 16 Delhi gang-rape. She claimed that the incident occurred in a hotel room, during her internship under the judge. She first narrated the incident in a blog post for “Journal of Indian Law and Society” on November 6, and later in an interview. After the attorney general made a submission on the …[Continue Reading]
Irretrievable break down – OR how to get Smriti Shinde her divorce
Here is the earlier news when Supreme Court thought it fit to issue notices to Union Law and Justice Ministry in Smriti Shinde’s divorce case. People are not fools to notice that when men have approached Supreme Court for divorce, they have been given sermons like “obey your wife” by Justice Katju, and recently by another SC judge that “a man should not expect freedom in marriage”. But when a minister’s daughter wants divorce, all stops must be pulled in name of constitution and what else! The latest news is that the cabinet has approved introduction of an amendment which …[Continue Reading]
Pathetic NCW tries its luck again with Supreme Court
If the news of NCW mismanaging its funds was not enough, here they go again at wasting more funds on non-issues. Kicking bahu not cruelty? SC to review The National Commission for Women, through counsel Aparna Bhat, moved a curative petition requesting reconsideration of the judgment in the case between Bhaskar Lal Sharma and his daughter-in-law Monica. Curative petitions normally have a 99% failure rate in the apex court. NCW said the ruling would defeat the very purpose of the provision to protect women from cruelty and harassment in matrimonial homes. Yeah… if you define cruelty to woman the way …[Continue Reading]
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