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
Supreme Court
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 public, so there is no excuse for not implementing these things. Better late than never. Govt to petition Supreme Court to allow audio-video recording of court proceedings … [Read more...] about Government asks Supreme Court to allow audio-video recording of court proceedings
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 RTI on local PS to ask if they already have CCTV monitoring done or not, how many lock-up rooms, how many CCTV, by when it will be done etc. Also, there is good information given in this Delhi HC … [Read more...] about Supreme Court makes CCTV mandatory in all police stations
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 (we are all sufferers)," the bench said in a lighter vein. Now the current news story says that SC is unhappy that husbands are becoming ‘adamant’ in face of 498a complaints by wives. Their main grouse is not that a false … [Read more...] about Supreme court says let adamant husbands be raped by 498a, but spare old parents
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 be the high point of her career. From here, it’s all the way down… A review in progress in SC doesn’t mean previous precedents (or bare act) will cease to apply. But do consult your advocates, sometimes they know … [Read more...] about Right of daughter-in-law in in-laws’ property under review by Supreme Court
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 get familiar BEFORE MARRYING to the new proposed IrBM bill already passed by Rajya Sabha having been sponsored by Congress government and Kapil Sibal etc (glad they got reduced to 44 seats); which will effectively ensure lifelong slavery for Indian … [Read more...] about Wife making wild allegations ground for divorce – Supreme Court