Vivek's legal notes

Our laws recognizes the rights of privacy of victims but no one cares about the rights of privacy of alleged accused. 'Alleged' is an important keyword here because of the strong rise in false accusations and misuse of legal procedures for ulterior motives and personal vendetta. And nobody owns up to the misuse of laws and measures to prevent it. Through this post, I would like to advocate for the complete ban on media in publishing any personally identifiable information (PII) of either the victim or accused until the trial finishes in the court. If the media finds any case of huge public interest, they must seek permission from the judge to publish any PII information. This is because a huge damage to the extent of complete destruction of life and career of a person happens if the person is falsely accused. For making the allegations, no evidences are required and most often, the police will register FIR based on mere statements of a person. The evidences and the truth is a m...

Update on 19.08.2022 - The matter is not listed since 20.04.2021 Petitioner : Smt. Y. Sulochana Rani from Andhra Pradesh and presently a NRI based out of London. Petitioner's Advocate : Advocate Kaleeswaram Raj, NISHE RAJEN SHONKER (AOR) Opposition Advocate: Solicitor General Tushar Mehta Intervener Advocate : SUDHIR NAAGAR Court : SC of India Category : 1606-Family Law Matters : Minority & guardianship matters Type : Civil Writ Petition under Article 141 of Indian constitution which states that "The law declared by the Supreme Court shall be binding on all courts within the territory of India". . Number : Diary No. 24161/2019, Filed on 2019-07-10. Case No. W.P.(C) No. 903 / 2019 Registered on 15-07-2019 Important people (Nothing happens without "approach" in India, even Lord Ram had to wait for reconstruction of his house in Ayodhya for several years until HE found the approach!) : Solicitor General Tushar Mehta (who told the Court that "This matter...

My unbridled opinion on report no. 257 . I found few child rights activists singing praises on it. After going through the report, I realized how feminists-advocates mafia lobby is brainwashing people and how even the activists are not fully invested in reading the fine print and understand the nitty-gritty of complex drafting of law. It is my hurried attempt here to uncover the devil hiding in this report.  If you want to go into details of this report, I suggest you to open GWA-1890 and Hindu Minority & Guardianship Act -1956 and then look at the annexures starting P 72/85 in this report. For every amendment proposed in the annexure, read the original text and the proposed amendment and form your opinion yourself. Report No. 257 by Law commission of India is an eyewash in name of shared parenting as it fails to recommend "rebuttable presumption on shared parenting" which is the only expectation from law in this area.  Unfortunately, the report does not delve into any di...

 Go with an open mind and open heart and put your interests and needs on the table. Let the opposing party put their interests and needs on the table and let the mediator decide future course of action. You need to divide your interests into negotiable and non-negotiable ones. This will depend a lot on your circumstances, your personal interests and preferences and for long term peace, try to avoid seeking guidance or solutions from someone else. Their well meaning solutions may not apply for you if you have a different personality, circumstance, need or perspective compared to other person. SC has a mediation training module which is really helpful. You should go through it at this link: https://main.sci.gov.in/pdf/mediation/MT%20MANUAL%20OF%20INDIA.pdf Good luck! he success rate of mediation in matrimonial proceedings is at 10-15%, so keep your fingers crossed and never compromise on non-negotiable interests. If you have a criminal case registered against you, if you compromise a...

Part of my research on origin of Hatred among feminist advocates. 1. Co-founder of Majlis, who has played great part in feminism movement in India and has played prominent roles in drafting of several laws in India. Personal Biography: Agnes grew up with her aunt in Mangalore. After she finished schooling she joined her parents, who lived abroad. Her father and aunt died soon after, so she returned to India, got married, moved to Mumbai, and has been there since. Thirteen years and three children into her marriage, Agnes had had enough of her abusive husband and filed for judicial separation because “back then Christian women could not get divorced on the grounds of cruelty" (the Bombay high court struck down that section of the Indian Divorce Act in 1997, in a ruling in favour of one of Agnes’ clients). She then enrolled at the SNDT Open University and graduated in 1980, following that up with a master of law (LLM) degree in 1992 from Bombay University and an MPhil in family law ...

Honbl' Governor of Kerala, Sh. Arif Mohammed Khan, Subject:  Petition to have holistic look at dowry issue, make it gender neutral & strict punishment for false cases Respected Sir, I came across the article about "students should be asked to sign a bond, at the time of admission into colleges".This seems like a very myopic view of a huge issue. Do 17-18 year old college students even understand what marriage is? What about those who do not take admission into colleges? Do they have some right to demand dowry? Also, why are you putting a burden on 18 yr olds with things that should have been fixed by people of our age. The only thing we can do with college students is to make them study law a mandatory subject in all streams. Knowledge of law is no longer optional because someone will use it against you if you don't know it. I would like to propose the following solutions in relation to the dowry issue. Create a clear definition of Dowry which can susta...