Asking someone to leave home no cruelty: HC

A division bench of justices Vasanti Naik and Arun Upadhye of Nagpur bench of Bombay High Court extended relief to a family by quashing a FIR lodged under Section 498A of Indian Penal Code (IPC) and also simultaneously nullifying the charge sheet after finding no real ingredients of cruelty in the offence registered by MIDC police station in 2015.

The criminal application, filed by Nandkishor Tagde, was allowed by the High Court on the grounds that every act of viciousness in a matrimonial matter would not be ‘cruelty’ within the meaning of terms under Section 498A of IPC.

The court observed that ‘cruelty’ under 498A IPC meant ‘any wilful conduct that would drive the woman to commit suicide or would cause grave injury or danger to her life or limb’. Adding to it, the court also underlined the fact that within the definition of ‘cruelty includes ‘harassment of the woman, where the harassment is with a view to coerce her or a person related to her to meet any unlawful demand of any property or a valuable security’.

The court mentioned the fact that the contents of the FIR created following a complaint filed by Nandkishor’s sister-in-law Neha do not concur with the elements of ‘cruelty’ in the IPC section. Neha, who had married Nandkishor’s younger brother Roshan in May in 2015, had registered an offence of cruelty under Section 498-A, 323 for assault and 34 (common intention) of IPC against the two brothers and their mother at MIDC police.

The cops had filed charge sheet against the brothers after dropping their mother’s name. The Tagde brothers, through their counsel Sameer Sonwane, challenged the FIR and charge sheet before the HC.

The court, while delivering the judgment, struck down the FIR on the grounds that complainant Neha’s claim of being taunted and also asked to leave the house did not amount to cruelty. She had claimed in the FIR that Nandkishor used to pass remark that their house was not a ‘dharmashala’ followed by the insult on her to leave the place.

In addition, she had claimed that Nandkishor used to question her character. The court stated that the allegations of Neha “even if accepted at face value would not show the applicant has committed an act of cruelty”.

Apart from quashing the FIR, HC stated the continuation of the proceeding in the circumstances of the case would result in the abuse of the process of the court before setting aside the charge sheet and the proceeding.
(SOURCE: TOI dated 28th Feb 2018)

The blogger is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides, he is President of "Consumer Justice Council", Secretary of "SARATHI",  Member of "Jan Manch",  Holds "Palakatva of NMC",  Is a Para Legal Volunteer, District Court, Nagpur & Member of Family Welfare Committee formed under the directions of Hon. Supreme Court to prevent misuse of Sec 498A (Domestic Violence).

PARA LEGAL VOLUNTEER

The father of the Nation Mahatma Gandhi desired that the benefit derived out of any action of the authority should be reached to the “poorest of the remotest village”.

The vision of Gandhiji is yet to be fully fulfilled as the benefits from the legal service has not been arrived to the poorest persons from the remotest village of the country. Poverty, Illiteracy and Physical distance are found to be the major barrier for “Access to Justice” to the citizens of India.

Article 39 A of the Constitution of India directs the state to ensure the delivery of free legal aid to all citizens of India. Further the Article has said that it should not be denied to any citizen on the ground of economic or other disabilities. Hence “a need based people friendly system” was required to be introduced in the society.

In order to achieve this the importance of Para Legal Volunteer’s (PLV’s) has emerged in the society during recent times. National Legal Service Authority (NALSA) brought out a Scheme namely “Para Legal Volunteers Scheme” (PLV’s) in 2009 which aimed at imparting legal training to selected volunteers from different walks of life. Public awareness, equal opportunity and deliverable justice are the cornerstones on which the edifice of NALSA is based.

NALSA has constituted State Legal Service Authority (SLSA) in every state of the country. Further District Legal Service Authority (DLSA) and Taluk Legal Service Authority (TLSA) have been made up in every district and taluk of the country respectively. The services of PLV’s may be availed in the Taluk Legal Service Committee, District Legal service Authority, Legal Aid Clinic etc. The services offered by PLV’s towards the needy are absolutely “FREE” of charge. The PLV’s ensure the delivery of legal aid to all sections of people and thereby ultimately try to remove the barriers into “Access to Justice”.

The PLV’s act as intermediaries who bridge the gap between the common people and the legal service institutions. The PLVs are trained in the basics of different Laws which would be applicable at the grass root level with reference to the day-to -day life, the basics employed in the working of a judicial system, and the functioning of various other stakeholders like the Police, Officials from Social Welfare Department, Woman and Child Welfare Department and other departments dealing with different beneficial schemes of Central and State Governments.

The PLV’s create awareness of the rights of the citizens and make them understand their legitimate rights and also provide assistance to have access to the measures involving implementation of such rights. The PLV’s not only impart awareness on laws and the legal system, but they are also trained to counsel and to amicably settle simple disputes between the parties either at source itself so that the parties do not have to bear the travelling and other expenses or if required the PLV’s can refer the dispute to Lok Adalat or Mediation Centre or Legal assistance could be provided for adjudication in a court of law in consultation & with the approval of the competent authority.

Duties of Trained Para- Legal Volunteers:

1) Para-Legal volunteers shall educate people, especially those belonging to weaker sections of the society, to enable them to be aware of their right to live with human dignity, to enjoy all theConstitutionally and statutorily guaranteed rights as also the duties and discharge of obligations as per law.

2) Para- Legal Volunteers shall make people aware of the nature of their disputes/issues/ problems and inform them about the offices where they can approach so as to resolve their dispute/issue/problems.

3) Para-Legal Volunteers shall constantly keep a watch on transgressions of law or acts of injustice in their area of operation and bring them immediately to the notice of the concerned office/authority to enable effective remedial action.

4) When the PLV receives information about the arrest of a person in the locality, the PLV shall visit the Police Station and ensure that the arrested person gets legal assistance, if necessary, through the nearest legal services institutions .

5) The PLVs shall also ensure that the victims of crime also get proper care and attention. Efforts shall be made by the PLVs to secure compensation for the victims of crime under the provisions of relevant Section of law.

6) PLVs shall, with proper authorization from the DLSA/TLSC visit jails, lock-ups, psychiatric hospitals, children's homes/observation homes and shall ascertain the legal service needs of the inmates and intimate the authorities concerned about any absence noticed of basic essential necessities with special emphasis on hygiene.

7) PLVs shall report violations of child rights, child labor, missing children and trafficking of girl children to the nearest legal services institutions or to the child welfare committee.

8) Para-legal volunteers shall assist the DLSA/TLSC for organizing legal awareness camps in their area of operation.

9) Para-legal volunteers shall give information to the people of their locality about the legal services activities and shall provide the office addresses to the people so as to enable them to utilize the free services rendered by the above organizations to the eligible persons.

10) Para-legal volunteers shall generate awareness amongst people about the benefits of settlement of disputes including pre- litigation stage through Lok Adalat, Conciliation, Mediation and Arbitration.

11) Para-legal volunteers shall make people aware of the benefits of inexpensive settlement of disputes relating o Public Utility Services like P&T, Telephones, Electricity, Water Supply, Insurance and hospital services through Permanent Lok Adalat (PLA).

12) Para-legal volunteers shall see that publicity materials on legal services activities are exhibited at prominent places in their area of activity.

13) Para Legal Volunteers are required to maintain the records of work done by them in the prescribed format.

As the natures of services to be rendered by PLV are of social type, hence it is most suited & advisable only for those who can spare some time with a mind set of Compassion, Empathy, Genuine Concern and Willingness to Extend Voluntary Services to the Needy and Marginalized section of the society without expectation of monetary gain from it.  Self Satisfaction & Service towards the Society & the Underprivileged needs to be the basic & primary motto of those who intend to become Para Legal Volunteers.

In Nagpur, the District Legal Service Authority (DLSA) office is located on 6th Floor at District & Sessions Court, Civil Lines & is earnestly striving to provide “ACCESS TO JUSTICE FOR ALL”.

The blog writer is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides, he is President of "Consumer Justice Council", Secretary of "SARATHI",  Member of "Jan Manch",  Holds "Palakatva of NMC",  Is a Para Legal Volunteer, District Court Nagpur & Member of Family Welfare Committee formed under the directions of Hon. Supreme Court. Along with his own experience as a Para Legal Volunteer, he has compiled the article from a couple of sources.

Will BJP open d doors for Satish chaturvediji Nagpurian once upon a time congress leader? In all probability yes. Suddenly he'll bcum "PAK SAAF". Even Congress has such cleaning- recycling-refurnishing "बीत गयी सो बीत गयी" large hearted embracing skills.