Vivek's legal notes

The CJI was delivering the key note address at an event organized by the National Legal Services Authority of India (NALSA) on Sunday to launch the  "Vision and Mission Statement" and mobile app for the NALSA. Around t=3165 (52:40) , CJI highlights his concern "regarding human rights and dignity which are sacrosanct". Further quoting CJI verbatim,  "The threat to human rights and bodily integrity are the highest in police stations. Custodial torture and other police atrocities are problems which still prevail in our society. Inspite of the constitutional declarations and guarantees, lack of effective legal representation at the police stations is the huge detriment to the accused or the detained persons. The decisions taken in the early hours will later determine the ability of the accused to defend himself. Going by the recent reports, even the privileged are not spared third degree treatment. To keep police excesses in check, dissemination of information abou...

 IPC is Indian Penal Code CrPC - Criminal procedure code. Law is of two types - 1) Substantive law 2) Procedural or adjective law Substantive civil law defines the right and duties with right, life, liberty and liabilities of individuals. Similarly, substantive criminal law defines different offences and provides punishments thereof. Procedural law, on the other hand, deals with the procedural aspect of the substantive law. Adjective law prescribes different procedures to be followed in matter of enforcing the rights provided under the substantive law.  So, Indian penal code is an example of substantive law whereas the criminal procedure code is termed as a piece of procedural law. CrPC deals with classification of courts and their constitution power and procedure to be followed by them besides general provision of procedure in holding trials etc. It is said to be a piece of procedural law.  However, besides procedures, it also provides certain matters which are...

 Once upon a time, a husband goes to court saying that her wife is illegally detained by her parents. He is a hindu and her wife was a muslim before marriage and converted to Hinduism and got married with the husband. Husband brings all the marriage pictures, registration document to the court. Court summons the wife.  Wife comes with her father and says on oath that she is not married to her alleged husband. Court counters her by showing the marriage registration documents and prods her to not lie before the court but the woman maintains her stand that her husband has fabricated the documents. Court then requests Crime branch of Delhi police to verify the authenticity of documents submitted by the husband and when police finds that husband is telling the truth, court files contempt of court against the wife and also hold her guilty. The punishment imposed on the wife is 2000 rs fine and 4 hrs daily to be spent for a week in Rajghat repenting about lying. This is how our court...

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...