Bar & Bench () · the matrimonial homes from destruction. ... x The ultimate object of every legal...
Transcript of Bar & Bench () · the matrimonial homes from destruction. ... x The ultimate object of every legal...
NOTINGS
ROSCOE POUND: ‗The teacher of law should be a student of
Sociology, Economics and Political Science as well. He should know not
only what the courts decide and the legal principles by which…
Rajesh Sharma vs. State of U.P.
Whether any directions are called for to prevent the misuse of Section
498-A, as acknowledged in certain studies and decisions?
Need to check the tendency to rope in all family members to settle a
matrimonial dispute.
Omnibus allegations against all relatives of the husband can‘t be taken
at face value when in normal course it may only be the husband or at
best his parents who may be accused of demanding dowry or causing
cruelty.
To check the abuse of over implications, clear supporting material is
needed to proceed against other relatives of a husband.
There is growing tendency to abuse the said provision to rope in all
the relatives including parents of advanced age, minor children,
siblings, grand-parents and uncles on the strength of vague and
exaggerated allegations without there being any verified evidence of
physical or mental harm or injury. This may hamper any possible
reconciliation and reunion of a couple.
Statistics from:
Crime Records Bureau (CRB) Report of Crime in India
2005 2009 2012 2013
Cases 58319 89546 466079
Arrest 127560 174395 197762
Fake 6141 8352
Women 47951
Charge Sheet 93.6%
Conviction 14.4% 15.6%
(7258)
Pending 372706
Projected
Acquittal
317000 38165
Withdrawn 8218
Death 24,771 between 2012 – 2014 (>760 deaths in 2015)
Conclusion:
Complaint filed on heat of the moment over trivial issues.
Most of cases not bonafide.
Implications and consequences not visualized.
Lead to uncalled for harassment for both parties.
Arrests ruin the chances of settlement.
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Sushil Kumar Sharma vs. UoI [(2005) 6 SCC 281]
Preeti Gupta vs. State of Jharkhand [(2010) 7 SCC 667]
Ram Gopal vs. State of M.P. [(2010) 13 SCC 540]
Savitri Devi vs. Ramesh Chandra
Above judgments judicially acknowledged the misuse of the
provision.
Madras High Court guidelines:
Check and curb the menace of dowry and at the same time, save
the matrimonial homes from destruction.
Such harassment is made simply to satisfy the ego and anger of
the complainant.
If the Magistrate themselves accede to the bare requests of the
police without examining the actual state of affairs, it would
create negative effects.
The husband and his family members may have difference of
opinion in the dispute, for which, arrest and judicial remand are
not the answers.
The ultimate object of every legal system is to punish the guilty
and protect the innocents.
Delhi High Courtguidelines:
No case without the prior approval of DCP/Addl. DCP.
Arrest after thorough investigation with prior approval.
Arrest of the collateral accused after the prior approval.
Police should depute trained staff.
FIR not registered in a routine manner.
Police scrutinize complaints.
FIR registered only against whom there are strong allegations.
If no possibility of settlement then necessary steps – return of
stridhan and dowry articles etc.
Arnesh Kumar vs. State of Bihar:
Police officers not automatically arrest, if necessary follow the
Section 41 of Cr.P.C. (When police arrest without warrant)
Check list under Section 41(1)(b)(ii).
Police file check list with reasons and material for arrest before
the Magistrate.
Magistrate after recording its satisfaction, authorize detention.
Decision not to arrest with recorded reason, forward within two
weeks to Magistrate which extended by Superintendent of
Police.
Notice with reason for appearance to accused in terms of
Section 41-A of Cr.P.C. within two weeks, extended by
Superintendent of Police.
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Police officer liable for departmental action and contempt of
court if not comply the directions.
Magistrate liable to departmental action if authorize detention
without record the reason.
LalitKumari vs. Government of U.P.:
Arrest of relative only after permission of Magistrate.
No arrest above 70 years of age.
Power of police to straight away arrest prohibited.
Court ascertains prima facie material before arrest.
Offence should make compoundable and bailable.
Role of each accused must specify in complaint with signed
affidavit.
Copy of preliminary enquiry furnished to the accused.
Other Suggestions:
Arrest only after recording reason and express approval from
Superintendent of Police.
Relatives outside India, proceeds when I.O. convinced that is
necessary, in which impounding of passport and red corner
notice should be avoided.
Before registration of case procedure of counseling should be
mandatory under Section 14 of DV Act, 2005.
243rd
Law Commission Report (August, 2012): recommend making
the offence compoundable.
140th
Report of the RajyaSabha Committee (September, 2011)
The Malimath Committee
Section 498-A: Object of punishing cruelty at the hands of husband or
his relatives, if the cruelty has potential to result in suicide or
murder……Statement of Objects & Reasons of Act 46 of 1983.
Covers suicide or grave injury (mental or physical) or danger to life or
harassment for unlawful demand.
Required remedial steps:
Implications and arrest for husband side.
Continuation of proceedings despite settlement since it is non-
compoundable.
No doubt in doing so laying down of norms is sometimes
unavoidable.
Just and fair procedure being part of fundamental right to life.
The court has incidental power to quash even a non-compoundable
case of private nature, if continuing the proceedings is found to be
oppressive.
At the same time, violation of human rights of innocent can‘t be
brushed aside.
Certain safeguards against uncalled for arrest or insensitive
investigation has to be address by this court.
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Following Directions:
Involvement of civil society in the aid of administration of
justice can be one of the steps.
Every District Court – One or more Family Welfare Committee
– Constituted by DLSA – Comprising of 3 members.
Committee‘s work reviewed – Once in year – By District &
Sessions Judge.
Constituted of….(Specifically not mentioned any woman
member).
Members will not a witness – Basic minimum training –
Honorarium.
Every complaint received by Police or Magistrate referred to
Committee.
Members interact with parties personally or communication
means.
Report with factual aspects and opinion – who referred the
complaint within one month – till then no arrest.
Report then considered by I.O. or Magistrate.
Investigation by designated I.O. (Appoint within one month
with training)
If settlement – Dispose of proceedings including criminal cases.
Bail application – with one clear day‘s notice to
P.P./complainant – Recovery of disputed dowry items not be a
ground for denial of bail if maintenance or other rights are
protected – Individual roles, prima facie truth of allegations,
further custody and interest of justice must be weighed.
Persons outside of India – Passport or Red Corner Notice – not
be issued in routine – Appearance ought to be exempted –
through V.C.
Club all cases of parties to take holistic view by the Court.
These directions not applicable on offences involving tangible
physical injuries and death.
NLSA after 6 months give report for any change or further
directions…..
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INDEX
Sl. No. Particulars Page Number Remarks
Part I
(Contents
of paper
book)
Part II
(Contents
of file
alone)
(i) (ii) (iii) (iv) (v)
* Court Fees NIL
1. Office Report on Limitation
2. Listing Performa A1-A2 A1-A2
3. Cover Page of Paper Book A-3
4. Index of Record of Proceedings A-4
5. Limitation Report prepared by
Registry
A-5
6. Defect List A-6
7. Note Sheet NS 1 to …
8. Synopsis & List of Dates B - C
9. Writ Petition with Affidavit 1 - 9
10. Appendix A
Article 15 & 32 of the
Constitution of India
10 - 11
11. Annexure P-1
Copy of Registration Certificate
of the Petitioner dated 3-07-2007
with Original
12 – 12A
12. Annexure P-2
Copy of Objectives of the
Petitioner Organization
13 – 13A
13. Annexure P-3
Copy of the Judgment dated 27-
07-2017 in Criminal Appeal No.
1265 of 2017 (Rajesh Sharma vs.
State of U.P.)
14 – 33
14. Letter 33A
14. Filing Memo 34
15. Vakalatnama 35
16. Authority Letter 36
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SECTION
IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL/ORIGINAL/APPELLATE JURISDICTION
WRIT PETITION (CRIMINAL)..........OF 2017
IN THE MATTER OF:
NYAYADHAR …PETITIONER VERSUS
UNION OF INDIA & ORS. …RESPONDENTS
INDEX
SRL. NO.
PARTICULARS COPIES COURT FEE
1.
Writ Petition with Affidavit 1+3 NIL
2.
ANNEXURE P-1 to P-3 1+3 NIL
3.
VAKALATNAMA 1
TOTAL RS.
CERTIFIED THAT THE COPIES ARE CORRECT
FILED ON: 22-09-2017 FILED BY:
(MANJU SHARMA JETLEY)
ADVOCATE - ON - RECORD
ADVOCATE FOR PETITIONER
C. C. NO. 350
MOB: +91- 9990524307
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IN THE SUPREME COURT OF INDIA
(CRIMINAL ORIGINAL WRIT JURISDICTION)
UNDER ARTICLE 32 OF CONSTITUTION OF INDIA
WRIT PETITION (CRIMINAL) NO…………/2017
IN THE MATTER OF:-
Nyayadhar …Petitioner
Versus
Union of India &Ors. …Respondents
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
ADVOCATE FOR PETITIONER: (MANJU SHARMA JETLEY)
Bar & Bench (www.barandbench.com)
IN THE SUPREME COURT OF INDIA
(CRIMINAL ORIGINAL WRIT JURISDICTION)
WRIT PETITION (CRIMINAL) NO…………/2017
IN THE MATTER OF:-
Nyayadhar …Petitioner
Versus
Union of India &Ors. …Respondents
OFFICE REPORT ON LIMITATION
1. The petition is within time.
2. The petition is barred by time and there is delay of
………… days in filing the same against order dated
…………… and petition for condonation of ……………..
days delay has been filed.
3. There is delay of ………….. days in refilling the petitioner
and petition for condonation of ……………….. days in
refilling has been filed.
BRANCH OFFICER
Place:New Delhi Dated: 22-09-2017
Bar & Bench (www.barandbench.com)
IN THE SUPREME COURT OF INDIA
(CRIMINAL ORIGINAL WRIT JURISDICTION)
WRIT PETITION (CRIMINAL) NO…………/2017
IN THE MATTER OF:-
Nyayadhar …Petitioner
Versus
Union of India &Ors. …Respondents
CERTIFICATE
This is to certify that the Writ Petition is confined only to the
pleadings which are necessary and other documents relied
upon in these proceedings. It is further certified that the
copies of annexure attached to this Writ Petition are necessary
to answer the questions of law raised in the petition and to
make out grounds urged in the Writ Petition for consideration
of this Hon’ble Court. This certificate is given on the basis of
the instructions given by the petitioner / or person whose
affidavit is filed in support of Writ Petition.
Drawn by: Alok Singh
Advocate
Drawn on: 10-09-2017
Filed on: 22-09-2017
Filed By:
(Manju Sharma Jetley)
Advocate for the Petitioner
C.C. No. 350
Bar & Bench (www.barandbench.com)
MANJU SHARMA JETLEY Advocate-On-Record
Date: 15-09-2017 ATHOURITY LETTER
To, The Registrar, Supreme Court of India New Delhi- 01 Sub: WRIT PETITION (CRL.) NO._______/2017
[Nyayadhar VS.Union of India &Ors.]
Sir,
In the above matter, I authorised to Mr. Alok Singh &Ajai
Kumar, Advocates on my behalf to file / re-file, remove the
defects, collect the file and ancillary acts for the purpose of
registration of this case in the Registry of the Supreme Court
of India.
Alok Singh &Ajai Kumar Yours Faithfully
(Advocates) D/2048/2008 & UP/06038/08 Mobile: +91-9990524307
(Manju Sharma Jetley) Advocate-On-Record
C.C. No. 350
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SYNOPSIS & LIST OF DATES
The petitioner is seeking permission to file this writ petition before this
Hon‘ble Court under Article 32 of the Constitution of India. The petitioner
in the form of writ of mandamus wants to seek directions/orders from this
Hon‘ble Courtto implement the suggestions as praying by the petitioner in
matrimonial disputes under Section 498-A of the Indian Penal Code.
It is pertinent to mention herein that this Hon‘ble Court has given
some directions/guidelines in Criminal Appeal No. 1265 of 2017 (Rajesh
Kumar vs. State of U.P.) to follow by the concerned authoritiesin cases
related with Section 498-A of the Indian Penal Code.
Nyayadhar, the petitioner is organization formed by ladies‘ advocate
of District Ahmednagar, Maharashtra. It is established in 2003 with motive
to help the ladies who are suffering harassment in their family. This
organization provides free legal help to ladies and children in courts
throughout Maharashtra in general and specifically in District Ahmednagar.
This organization has a government approval for rendering services
with respect to family advice counseling and medical aid etc. Deep study of
the petitioner to overcome the problems related to the cases like family
violence and dowry cases even follow up by women commission.
It is pointed out that a married woman whenever go to the police
station to make a complaint against her husband and other close relations
takes a risk to fight with society at large but being left with no other remedy
against cruelty and harassment ultimately choose this last resort i.e. Section
498A of IPC. So, mindless and senseless deprivation of life and liberty of
women could not have been dealt with effectively through soft sanctions
alone. Though values of equality and non-discrimination may have to gain
deeper roots through other social measures, the need to give valuable
protection to vulnerable sections of women cannot be negated.
The petitioner need not to say that husband‘s relative and husband
have fear of Section 498-A of IPC and 70-80% matter solved because of this
fear alone at the initial stage, but the primary questionstill survives i.e. what
about a woman who has beaten and harassed so badly that she is near to
death but not dead. That time a woman really needs 498-A for her safety.
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That Section 498-A of IPC is most helpful instrument in the hands of
victim women to get immediate relief from law and police station, but
guidelines issued that no immediate arrest to accused person and his family.
As the result, the fear of law is totally vanished from the minds of accused
and his family. Resultantly we may say that ‗the soul of Section 498-A is
dead and now Sec. 498-A is become valueless‘. There is no immediate relief
to victim women from cruelty and harassment. Ultimately she left alone to
handling herself and her children‘s life with own risk.
Thus a question arise before the Indian Judicial System, how totackle
and protect the constitutional rights of women‘s?
Hence this Writ Petition.
LIST OF DATES
03-07-2007: The petitioner was registered as Public Charitable Trust
on 03-07-2007. The true typed copy of the Registration
Certificate dated 03-07-2007 is annexed herewith as
Annexure P- 1. (Page )
…….. The objectives and aim of the petitioner organization.
The true copy of the objectives is annexed herewith as
Annexure P- 2. (Page )
27-07-2017: The copy of judgment dated 27-07-2017 in Civil Appeal
No. 1265 of 2017 (Rajesh Sharma vs. State of U.P.).The
true typed copy of the judgment dated 27-07-2017 is
annexed herewith as Annexure P- 3. (Page )
23-09-2017: Hence this Writ Petition.
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IN THE SUPREME COURT OF INDIA
(ORIGINAL CRIMINAL WRIT JURISDICTION)
WRIT PETITION (CRIMINAL) NO. ______________OF 2017
In Re:
Nyayadhar
(Lady Lawyer Organization)
3rd
Floor, RajhansVihar,
In front of District Court,
Ahmednagar (Maharashtra) – 414001 …Petitioner
VERSUS
1. Union of India
Through: The Secretary
Ministry of Home Affairs,
North Block, Central Secretariat,
New Delhi – 110001
2. Ministry of Women & Child Development
Through: The Secretary
ShastriBhawan, New Delhi – 110001
3. National Commission for Women
Through: The Chairman
Plot No. 21, Jasola Institutional Area,
New Delhi – 110025
4. National Legal Services Authority
12/11, Jam Nagar House, Shahjahan Road
New Delhi- 01 …Respondents
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA IN THE NATURE OF WRIT OF MANDAMUS FOR
DIRECTIONS/ORDERS TO IMPLIMENTTHESUGGESTIONSOF
THE PETITIONER IN DISPUTES RELATED WITH
SECTION 498-A OF THE INDIAN PENAL CODE
To,
Hon'bleThe Chief Justice
And His Lordship‘s Companion Justices of the
Hon'ble Supreme Court of India
The humble petition of the petitioner above named:
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Most respectfully showeth:
1. That the petitioner herein invokes your Lordships‘ Jurisdiction under
Section 32 of the Constitution of India for seeking direction/s to
implementation of the suggestions according to the need of the time. The
petitioner submits that the present case is a fit case to call for Your
Lordship‘s considerationto enhance the sharpness of the
directions/guidelines given in cases related with Section 498-A of the
Indian Penal Code.
1A. That the petitioner never approached the respondents or any authority
relating with issues involved in this Writ Petition.
2. The petitioner organization established in 2003 by lady advocatesin District
Ahmednagar (Maharashtra). The ground to form this organization is that
only a woman can better understand, represent, and solve the problem of
another woman.The petitioner main motive is to help the ladies who are
downtrodden and suffering from injustice from their respective families.
Moreover, to help the women to understand the laws related to family
issues.
The petitioner done deep research to settle down the disputes related
within four walls of the family.From 2003 to 2010 the petitioner registers
479 complaints especially from ladies all around the state of Maharashtra
and from 2010 to 2017 received around 1658 complaint related to women
for counseling.
The petitioner has a government approval for rendering services with
respect to family advice counseling and medical aid etc. The deep study of
the petitioner to overcome the problems related to the cases like family
violence and dowry cases were follow up by women commission. The
research result will be demonstrated in the following paras. The true typed
copy of the Registration Certificate and Objectives of the petitioner is
annexed herewith as Annexure P-1(Page 12-12A) & P-2 (Page 13-13A)
respectively.
3. Brief Glimpse on the Issue:
I. That Section 498-A of Indian Penal Code, since its introduction has
increasingly been vilified and associated with the perception that it is
misused – that women frequently use it as a weapon against their in-
laws. This counter-narrative is particularly ubiquitous on the
internet, in the many online communities of husbands who feel
wronged by vengeful wives.
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II. That there is ‗general complaint‘ that Section 498-A of the IPC
is subject to gross misuse; but provides no data to indicate how
frequently the section is being misused. It is important therefore
that such ‗arguments‘ are responded to, so as to put forth a
clearer picture of the present factual status of the effect of
several criminal laws enacted to protect the women.
III. That domestic violence and abuse by spouses and family
members are complex behaviors and the social organization of
courts, the police and legal cultures systematically tend to
devalue domestic violence cases.
IV. That Section 498-A was introduced in the Indian Penal Code in
1983 and the reforms of the past 34 years have not been
adequately evaluated at all by the governments with respect to
their deterrence goals, despite the institutionalization of law and
policy to criminalize domestic violence.
V. That it is important to do these studies to correct the general
misconceptions that woman are misusing the law by filing false
cases against their husband and in-laws in order to harass them
and get them convicted. This perspective of the State and its
agencies needs to change from that of protecting the husbands
and in-laws against potential ‗misuse‘ of the laws of domestic
violence to that of implementing their real purpose – to
recognize that such violence is a crime and protect women who
have the courage to file complaints against their abusers.
VI. That Article 15 of the Constitution of India reinforces the fact
that a woman is not a toy to be played with, to be thrown away
at one‘s whims and fancies and treated as inferior to any other.
It inherently asks for husbands to their wives well and not
misbehave or demand unjustly which in a way sends forth a
message that woman is a commodity for sale.
VII. There are some following points and data analysis from the
petitioner to consider from this Hon‘ble Court:
i) When harassment start after the marriage.
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ii) Classification according to income of the family.
When harassment start after the marriage
The surveys conducted by the petitioner show that harassment
start from the initial days of marriage and when it not stops, the
woman come for counseling to stop and reduce her harassment.
Classification according to husband family income
Husband‘s family income permonth. Percentage of Cases
Below Rs. 20,000/- 55%
Rs. 20,000/- to 50,000/- 35%
Rs. 50,000/- and above 10%
It is worth mentioning the statics which was considered by this
Hon‘ble Court in Civil Appeal No. 1265 of 2017 (Rajesh Sharma
&Ors. Vs. State of U.P. &Ors.)
Crime Records Bureau
(CRB)
Report of Crime in
India
2005 2009 2012 2013
Cases 58319 89546 466079
Arrest 127560 174395 197762
Fake 6141 8352
Women 47951
Charge
Sheet
93.6%
Conviction 14.4% 15.6%
(7258)
Pending 372706
Projected
Acquittal
317000 38165
Withdrawn 8218
Death 24,771 between 2012 – 2014 (>760 deaths in 2015)
Number of Days Percentage of Cases of Harassment
3days to 1month 23%
1month to 6 months 30%
6 months to 1 year 19%
1year to 2 years 28%
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The petitioner observed that a balanced and holistic approach is
needed to curve this menace of cruelty. The point to be noted herein
that thisHon‘ble Court has not considered the number of deaths of
woman which is an eye opening illustration of this abuse of cruelty
against the women. So, the values to be attached to the rights of
womenare no less than the value to be attached to the family as a unit
and vice-versa. The challenge before the community is to ensure the
promotion of both values. The true typed copy of Criminal Appeal
No. 1265 of 2017 is annexed herewith as Annexure P-3 (Page )
5. That the petitioner has never file any Writ Petition before this Hon‘ble
Court or any other court.
6. Grounds:
A. Because it is a social institution where husband has the responsibility
to take care and maintain his wife. She wants to feel safeguarding in
the house but situation was against expectation when woman get
cruelty and faces harassment behind the four walls of their
matrimonial home.
B. Because large victims are from poor and illiterate background, living
in rural areas,mostly benefited from section 498-A of Indian Penal
Code.
C. Because sometimes, dowry may not be the cause but the woman for
several reasons like her complexion or family status is tortured to
death.
D. Because in many cases the court has not considered mental cruelty
caused to the woman but has concentrated only on any sign of
physical cruelty. If evidence does not show that the woman was
physically harassed, then the court does not look into the case. What
the court does is call the woman hyper-sensitive or of low tolerance
level and having an unstable mind.
E. Because when woman to go to the police station to make a
complaint for physical assault against her husband and other close
relatives that time police send her to ―Civil Hospital‖ or ―Rural
Health Center‖ because she had a injuries on her body which
required treatment. For going to hospital police station give ‗letter‘
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to woman for medical checkup but police station not maintain
register for this type of letters.When woman gives that letter to
hospital they took that letter and make registry to MLC register.
Because of injuries and constant pain women took treatment,
medicine and go home for rest and recover health.
In this all procedure police station not maintain register for
letters which given to women and in hospital MLC register they
not differently mention women cruelty cases and it shows only
record in register. More so the police station didn‘t file NC
(Non-cognizable offence) because the woman didn‘t go back to
the police station after getting treatment from hospital.
F. Because in general the woman has no knowledge about going
back to police station and register NC. Because of not
registering NC no one make attention towards her complain and
NC register make no use because of no complain file. That‘s
why women being left with no other option, so she feels
helpless and once again she goes husband‘s home then husband
and his relatives increase confidence police and judicial system
make no harm to them so they are more violent.
G. Because a women who having gone to the Police Station with a
genuine grievance go back to marital home with compromise
women‘s liberty and dignity in a state of distress she inspires to
subside. Even unable to stay with relatives because according to
Indian culture once women married she dies there but not come
parental home and another reason is many times his father
brother was not afford she stay with them.
H. Because the courts have in several instances made a very
narrow interpretation of this section considering it to be only
cruelty in relation to unlawful demands or dowry demands.
I. Because it is also clearly noticed that woman today are still
tortured and often the court being the ultimate savior also does
not come to the rescue to protect these woman.
J. Because as per allegations the abuse of this section is mostly
used by well-educated women who know that this section is
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both cognizable and non-bailable and impromptu works on the
complaint of the woman and placing the man behind the bars.
But who will take-care the poor and illiterate women in society
from this disease of cruelty?
K. Because, no doubt many times take due advantage of the fact
that they are referred to as the ‗weaker sex‘ and on the
foundation of rights ensured to them are violating other‘s rights,
butthe position of the woman in India is still bad and they still
need rights to alleviate themselves in society.
6. P R A Y E R
It is, therefore, respectfully prayed that this Hon'ble Court may be pleasedto:
A. Issue a writ for direction to the respondents thereby to implement the
suggestion i.e. out of 3 members at least 2 ladies members should be
appoint in the Family Welfare Committee;
B. Issue a writ for direction to the respondents thereby to implement the
suggestion i.e. one member who has done M.S.W. (Master in Social
Work) should be appoint in the Family Welfare Committee;
C. Issue a writ for direction to the respondents thereby to implement the
suggestion i.e. at the time of counseling and recording of the facts, the
Family Welfare Committee should mention and considered the
economic status of the parties;
D. pass any such other order(s) as deemed fit and proper to secure the
ends of justice.
DRAWN BY:FILED BY:
ALOK SINGH
Drawn on: 10-09-2017
Filed on: 22-09-2017(MANJU SHARMA JETLEY)
Advocate for the Petitioner
C.C. NO. 350
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PROFORMA FOR FIRST LISTING
SECTION: X
The case pertains to (Please tick/check the correct box):
Central Act : (Title): The Constitution of India
Section: Article 32
Central Rule: (Title):
Rule No (s):
State Act: (Title) N/A
Section: N/A
State Rule: (Title) N/A
Rule No (s): N/A
Impugned Interim Order: (Dated) N/A
Impugned Final Order/Decree : (Dated):
(Name) High Court:
Names of Judges: Tribunal/Authority: (Name):.
______________________________________________________
1. Nature of matter: Criminal
2. (a) Petitioner/Appellant: Nyayadhar
(b) E-Mail ID: N/A
(c) Mobile phone number: N/A
3. (a) Respondent No.1: Union of India.
(b) E-Mail ID: N/A
(c) Mobile Phone Number: N/A
4. (a) Main category classification: 14
(b) Sub classification: 1418
5. Note to be listed before: N/A
6. Similar/Pending matter: No similar matter pending.
7. Criminal Matters: N/A
(a) Whether accused/convict has surrendered: Yes No
(b) FIR No. N/A Date N/A
(c) Police Station: N/A
(d) Sentenced Awarded: N/A
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(e) Sentenced Under gone: N/A
8. Land Acquisition Matters: N/A
(a) Date of Section 4 notification: N/A
(b) Date of Section 6 notification: N/A
(c) Date of Section 17 notification: N/A
9. Tax Matters: State the tax effect: N/A
10. Special Category (first Petitioner/Appellant only): N/A
Senior citizen 65 years SC/ST Woman/child Disabled
Legal Aid case in custody
11. Vehicle Number (in case of Motor Accident Claim matters): N/A
12. Decided cases with citation: N/A
Date: 22.09.2017
(Manju Sharma)
AOR for the Petitioner
Registration No.350
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Appendix -A
The Constitution of India: Article 15
15. Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth –
(1) The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex,place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or
condition with regard to—
(a) access to shops, public restaurants, hotels and places of public
entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to
the use of the general public.
(3) Nothing in this article shall prevent the State from making any special
provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the
State from making any special provision for the advancement of any socially
and educationally backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes.
(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19
shall prevent the State from making any special provision, by law, for the
advancement of any socially and educationally backward classes of citizens
or for the Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to their admission to educational institutions including
private educational institutions, whether aided or unaided by the State, other
than the minority educational institutions referred to in clause (1) of article
30.
The Constitution Of India: Article 32
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed;
(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
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quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part;
(3) Without prejudice to the powers conferred on the Supreme Court by
clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause ( 2 );
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution
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