Which are the legal rights that a woman must know?

There are many laws and rules that help the women to protect their rights. But most of them are unaware of this. The most important legal rights that women must know are given below.

Right for the free aid-

Every woman has the right to free aid. When a woman goes to a police station without the support of the lawyer she will be ignored or humiliated for her statements. But the fact is that every woman has the right to get the legal aid and she can demand it.

Right for privacy-

When a woman is raped, she has a right to record her statement in front of the magistrate privately without the support of any another person. She can also record her statement personally in front of the lady constable or a police officer. According to section 164 of the Criminal Procedure Code, the cops are authorized to give the privacy to the victim without making her too stressable.

Right for ultimate registration-

A woman is always not interested in going the police station for lodging a complaint. This is because she always considers her reputation, dignity of the family and threats of the culprit. The Police do not have the right to say no to register her complaint, even if it's too late or not.  A woman cannot be denied of anything. She has more respect in the society.

Right for virtually complaining-

Every woman has the right to lodge a complaint through email or through registered post as stated in the guidelines issued by the Delhi Police. She can send a written complaint to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer will conduct the proper verification of the complainant and lodge a FIR for the corresponding complaint. The police will come to the residence of the victim for taking the statement of the victim.

Right for Zero FIR-

A rape victim can register her police complaint from any police station. It is stated in the Zero FIR ruling. The Supreme Court has ruled out that not many women are aware of the right, so don't let the SHO of a police station send them away.

Right for not to be arrested-

The Supreme Court had ruled out that a woman cannot be arrested after sunset and before sunrise. There are many situations in which women are harassed by the police other than daytime, Even if a woman constable is accompanying the officers, the police do not have the right to arrest a woman at night. If the woman has committed a serious crime, the police are needed to get writing from the magistrate which explains why the arrest is necessary at night.

Right for not being called to the police station-

According to the Section 160 of the Criminal Procedure Code, women cannot be called to the police station for interrogation.  But the police can question a woman in her residence in the presence of a woman constable or family members. The Supreme Court had strictly warned for this right.

Right for confidentiality-

The identity of the rape victim cannot be revealed. The police and the media are restricted to keep the name of the victim in private. The Section 228-A of the Indian Penal Code describes it. The section states that printing or publishing the name of the victim or making the identity of a woman as public will be treated as a serious offense.

Right towards crime and not a medical condition-

A case of rape can't be dismissed even if the doctor says that rape has not occurred. The victim is medically examined as per Section 164 An of the Criminal Procedure Code. The report will act as proof of the offense. Also, the victim has the right to have a copy of the medical report from the doctor. Rape is always a serious crime and it is not a medical condition.
 
Right for not having sexual harassment-

The employer will always be authorized to create a Sexual Harassment Complaints Committee for women to complain about sexual harassment. By the guidelines issued by the Supreme Court, it is mandatory for all the firms, public and private, to set up these committees for resolving matters related to sexual harassment. The committee will be headed by a woman and it should comprise of 50% women, as the members of the committee.

The blog writer-compiler 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.

 

 

 

 

POCSO (पोक्सो) कानून क्या है?

पोक्सो, यौन अपराधों से बच्चों का संरक्षण करने संबंधी अधिनियम (Protection of Children from Sexual Offences Act – POCSO) का संक्षिप्त नाम है.पोक्सो एक्ट-2012 के अंतर्गत बच्चों के प्रति यौन उत्पीड़न और यौन शोषण और पोर्नोग्राफी जैसे जघन्य अपराधों को रोकने के लिए, महिला और बाल विकास मंत्रालय ने पोक्सो एक्ट-2012 बनाया था.

वर्ष 2012 में बनाए गए इस कानून के तहत अलग-अलग अपराध के लिए अलग-अलग सजा तय की गई है. पास्को अधिनियम की धारा 7 और 8 के तहत वो मामले पंजीकृत किए जाते हैं जिनमें बच्चों के गुप्तांग से छेडछाड़ की जाती है, इस धारा के आरोपियों पर दोष सिद्ध हो जाने पर 5 से 7 साल तक की सजा और जुर्माना हो सकता है. इस एक्ट को बनाना इसलिए भी जरूरी था क्योंकि बच्चे बहुत ही मासूम होते हैं और आसानी से लोगों के बहकाबे में आ जाते हैं. कई बार तो बच्चे डर के कारण उनके साथ हुए शोषण को माता पिता को बताते भी नही है.

इस एक्ट के प्रावधान इस प्रकार हैं:

यौन शोषण की परिभाषा- इसमें यौन उत्पीड़न और अश्लील साहित्य, सेक्सुअल और गैर सेक्सुअल हमला (penetrative and non-penetrative assault) को शामिल किया गया है.

1. इसने भारतीय दंड संहिता, 1860 के अनुसार सहमती से सेक्स करने की उम्र को 16 वर्ष से बढाकर 18 वर्ष कर दिया है.इसका मतलब है कि-

(a) यदि कोई व्यक्ति (एक बच्चा सहित) किसी बच्चे के साथ उसकी सहमती या बिना सहमती के यौन कृत्य करता है तो उसको पोक्सो एक्ट के अनुसार सजा मिलनी ही है.

(b) यदि कोई पति या पत्नि 18 साल से कम उम्र के जीवनसाथी के साथ यौन कृत्य कराता है तो यह अपराध की श्रेणी में आता है और उस पर मुकदमा चलाया जा सकता है.

2. यह अधिनियम पूरे भारत पर लागू होता है और 18 वर्ष से कम उम्र के बच्चों को यौन अपराधों के खिलाफ संरक्षण प्रदान करता है.

3. पोक्सो कनून के तहत सभी अपराधों की सुनवाई, एक विशेष न्यायालय द्वारा कैमरे के सामने बच्चे के माता पिता या जिन लोगों पर बच्चा भरोसा करता है, उनकी उपस्थिति में की कोशिश करनी चाहिए.

4. यदि अभियुक्त एक किशोर है, तो उसके ऊपर किशोर न्यायालय अधिनियम, 2000 (बच्चों की देखभाल और संरक्षण) में मुकदमा चलाया जाएगा.

5.यदि पीड़ित बच्चा विकलांग है या मानसिक रूप से या शारीरिक रूप से बीमार है, तो विशेष अदालत को उसकी गवाही को रिकॉर्ड करने या किसी अन्य उद्येश्य के लिए अनुवादक, दुभाषिया या विशेष शिक्षक की सहायता लेनी चाहिए.

6. यदि अपराधी ने कुछ ऐसा अपराध किया है जो कि बाल अपराध कानून के अलावा अन्य कानून में भी अपराध है तो अपराधी को सजा उस कानून में तहत होगी जो कि सबसे सख्त हो.

7. इसमें खुद को निर्दोष साबित करने का दायित्व अभियुक्त (accused) पर होता है. इसमें झूठा आरोप लगाने, झूठी जानकारी देने तथा किसी की छवि को ख़राब करने के लिए सजा का प्रावधान भी है.

The blog writer-compiler 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.

आरक्षण: समाज एवं प्रतिभावों का कातिल

"करता हूँ अनुरोध आज मैं, भारत की सरकार से,"

"प्रतिभाओं को मत काटो, आरक्षण की तलवार से…"

"वर्ना रेल पटरियों पर जो, फैला आज तमाशा है,"

"जाट आन्दोलन से फैली, चारो ओर निराशा है…"

"अगला कदम पंजाबी बैठेंगे, महाविकट हडताल पर,"

"महाराष्ट में प्रबल मराठा , चढ़ जाएंगे भाल पर…"

"राजपूत भी मचल उठेंगे, भुजबल के हथियार से,"

"प्रतिभाओं को मत काटो, आरक्षण की तलवार से…"

"निर्धन ब्राम्हण वंश एक, दिन परशुराम बन जाएगा,"

"अपने ही घर के दीपक से, अपना घर जल जाएगा…"

"भड़क उठा गृह युध्द अगर, भूकम्प भयानक आएगा,"

"आरक्षण वादी नेताओं का, सर्वस्व मिटाके जायेगा…"

"अभी सम्भल जाओ मित्रों, इस स्वार्थ भरे व्यापार से,"

"प्रतिभाओं को मत काटो, आरक्षण की तलवार से…"

"जातिवाद की नही , समस्या मात्र गरीबी वाद है,"

"जो सवर्ण है पर गरीब है, उनका क्या अपराध है…"

"कुचले दबे लोग जिनके, घर मे न चूल्हा जलता है,"

"भूखा बच्चा जिस कुटिया में, लोरी खाकर पलता है…"

"समय आ गया है उनका , उत्थान कीजिये प्यार से,"

"प्रतिभाओं को मत काटो, आरक्षण की तलवार से…"

"जाति गरीबी की कोई भी, नही मित्रवर होती है,"

"वह अधिकारी है जिसके घर, भूखी मुनिया सोती है…"

"भूखे माता-पिता , दवाई बिना तडपते रहते है,"

"जातिवाद के कारण, कितने लोग वेदना सहते है…"

"उन्हे न वंचित करो मित्र, संरक्षण के अधिकार से"

"प्रतिभाओं को मत काटो, आरक्षण की तलवार से…"

An Open Letter to Hon. Prime Minister Shri Narendra Modiji.

Sir,

Warm Regards. I am Amit Girdhar Heda from Nagpur. Please allow me to present a few pertinent issues that, in my personal opinion hold high significance.

Prompt cognizance, transparency, accountability and immediate corrective action along with its due communication to the complainant in public domain at that, would play a major Constructive role in today’s socio political scenario. More so, since the advent of powerful social media. What policies the government makes at the higher level and how it will eventually benefit them in due course, probably has lesser significance to the general public. For, the “Aam Janta” with limited resources and approaches forms their opinion about a particular Department or Administration or even the entire Government Machinery based on the ease and the effectiveness with which their day to day grievances are addressed.

In the similar context along with other media, Twitter handle and it's regular usage should be made compulsory for all Government Authorities & Departments. This will be of great help to the public to register their Grievances, Complaints & even Suggestions. A dedicated working Twitter handle will surely help sort out many social as well as administrative issues. While it will be very easy for the public to express their opinions it will, in turn, reduce the work load of government departments. At the same time it will help identify efficient and honest Authorities and Departments.

To quote a few examples, Railway ministry is being applauded by the people for being active on twitter. People appreciate the fact that they can forward their grievances against a particular problem/service related with railways to its twitter handle and they get immediate response in majority of the cases. I have personal experience that various departments like POLICE, MSEDCL among others are very active and constructively satisfy public grievances through this medium.  Likewise the other departments/authorities too will be careful, cautious and alert in performing their duties for the fear that the same tweet (complaint/query) can be addressed to and seen by their superiors.

One may argue that percentage of people using twitter is very less and it has limitations of words. But it surely can become one of the several effective measures to bring transparency and efficiency in administrative works.

Having said that, I do not intend to promote twitter or any particular department- I just want to suggest measures that can help the administration and the general public.

With sincere hope that my suggestions, if found reasonable would be duly looked upon.

Regards,

Amit Girdhar Heda.

https://twitter.com/amitgheda.

(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).

Celebrating Women's Day

If we must celebrate a day for women, let us celebrate freedom from stereotypes, from expectations, from idolisation, from sacrifice...

1) Stop congratulating women for being the secret behind a successful man...  Start saluting them for being successful.
 
2) Stop saying the mother is sacred for all the sacrifices she makes...  Try to reduce those sacrifices!

3) Stop telling women they are beautiful... Try telling them it's not important to be beautiful !

4) Stop praising her roles as mother, wife, daughter, sister.........Celebrate her as an individual, a person who is independent of relationships.

5) Stop justifying her necessity to multi task....  Give her a chance not to!

Stop these constructs which are aimed at making her strive for an impossible balance... Let her be inadequate... And happy!

Let her be imperfect, whimsical, irresponsible, boorish, lazy, fierce, opinionated, loud, flabby, ungroomed, adventurous, unpredictable, unprepared, impractical....

Let her be.

Accept Unconditionally !!!

At the same time..With utmost humility on behalf of all men.. Let us not Humiliate, Undermine, Blame & Criticise, Abuse & Belittle, Accost & Crucify all the MEN " IN GENERAL" for, if there are few black spots among them, few are among the fairer sex too...Let us not glorify one at the cost of degrading/accusing all "specific others",

 "MALE or FEMALE"..

(The blog writer/compiler is a Management Professional and Operates a Manpower & Property Consultancy Firm. Besides, he is Ex President of "Consumer Justice Council", Secretary of "SARATHI",  Member of "Jan Manch",  Holds "Palakatva of NMC",  Is a Para Legal Volunteer, District Court, Nagpur, RTI Activist & has been a Member of Family Welfare Committee formed under the directions of Hon. Supreme Court)

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.