PUCLblog

AAP man held for allegedly raping niece

AAP man held for allegedly raping niece

RAJKOT: The city police have arrested a 59-year-old man for allegedly raping his 17-year-old niece in the city.

The accused, Mansukh Dhokai, contested the 2014 Lok Sabha elections on Aam Aadmi Party (AAP) ticket from Porbandar.

The crime came to light after the girl, who studies in class XII, stopped going to school since a week. Her family members were unaware until her class teacher inquired with them about her absence. On getting to know, they talked with her and she broke down.

The girl revealed that Dhokai, who is her maternal uncle, had raped her four times in the last two years. She alleged that two years ago Dhokai took her to a hotel on the pretext of a leisure walk and sexually assaulted her, police source said. He threatened to kill her parents if she revealed anything to them.

The girl alleged that six months later, he again raped her when she was alone at her house. He allegedly threatened to circulate her clips on the mobile.

Dhokai was arrested from Porbandar on Tuesday.

http://timesofindia.indiatimes.com/city/rajkot/AAP-man-held-for-allegedly-raping-niece/articleshow/45200140.cms

PUCLblog

Rs 1 crore fraud: Police get notice for giving bail to TN traders

Rs 1 crore fraud: Police get notice for giving bail to TN traders

INDORE: The district court in Indore on Tuesday issued notice to police for giving bail to Tamil Nadu-based traders, who were arrested in connection with cheating an Indore-based grain trader. Police have been directed to appear before the court on Wednesday.

Sanyogitaganj police arrested Som Sundar Nadar, his brother Mahesh and their manager Shrawan Kumar, all from Tamil Nadu and produced them before the local court on November 16. The court sent them to police remand till November 19. Accused were given bail even before the completion of police remand.

Advocate Rahul Kalra alleged that police misguided the court and didn’t disclose information regarding police remand so as to help the accused in getting bail. To challenge the bail, they filed a petition in court of additional district judge on Tuesday, which issued the notice to police.

Kalra said that the accused had faltered to make payment of over Rs 1.08 crore to Chhavni-based food grain trader Vinod Kumar despite several reminders. “Vindo Kumar used to send food grains from Indore to accused in Tamil Nadu since 2010. For two years, they made regular payment and won the trust of Vinod. They stopped making payment since 2012 and despite this, Vinod used to send them foodgrains on credit till 2013 by the time pending dues went up to Rs 1.08 crore,” said Kalra adding that when after several reminders no payment was made, Vinod filed a complaint with local police early this year. But police failed to take any action against the accused. Later, Vinod filed a petition before the court and on the directives of the court, the accused were arrested.

http://timesofindia.indiatimes.com/city/indore/Rs-1-crore-fraud-Police-get-notice-for-giving-bail-to-TN-traders/articleshow/45204887.cms

PUCLblog

Five ‘absent’ HUDA officials suspended

Five ‘absent’ HUDA officials suspended

GURGAON: In a crackdown on employees found absent at work during official working hours, A K Singh, the chief administrator of the Haryana Urban Development Authority, has suspended five officials for not being present in office at 9.30 am.

The chief administrator’s office issued orders on November 17, in which junior engineer Jaswant Singh of Gurgaon’s estate office-2, peon Chotu Ram and clerk Jeet Ram of executive engineer’s office in Hisar’s Division-1, junior engineer Chunni Lal of executive engineer’s office in Ambala and peon Raj Kumar of Division-3 in Faridabad have been suspended indefinitely. According to HUDA administrator Ashok Sanghwan, the officials have been suspended owing to their repeated absence from work during office hours, especially during surprise checks.

Of the five suspended officials, Jaswant Singh was posted in Estate Office-2 in Gurgaon as a junior engineer. Chotu Ram and Jeet Ram, were posted at the executive engineer’s office in Division-1 in Hisar. Junior Engineer Chunni Lal was posted in the executive engineer’s office in Ambala and Raj Kumar was posted in Division-3 in Faridabad.

However, according to the suspension order (a copy of which is with TOI), the suspended officials will be eligible for drawing subsistence allowance and will be under the Establishment Branch at the HUDA headquarters in Panchkula during the period of their suspension.

http://timesofindia.indiatimes.com/city/gurgaon/Five-absent-HUDA-officials-suspended/articleshow/45211270.cms

PUCLblog

Delhi girl thrown off train after alleged rape attempt in MP

Delhi girl thrown off train after alleged rape attempt in MP

Delhi girl thrown off train after alleged rape attempt in MP
The girl was found unconscious near railway tracks, 25km away from Beena railway station in Sagar district, at around 6am.
 
BHOPAL: In another shocking incident of crime against women in Madhya Pradesh, two men allegedly threw a girl off Malwa express after a failed rape bid on Wednesday morning.

The girl was found unconscious near railway tracks, 25km away from Beena railway station in Sagar district, at around 6am.

The girl, one of her family members claimed, was sexually harassed by men who took her belongings and pushed her off the train. Her ornaments and luggage were also found to be missing.

When contacted, assistant sub inspector (ASI) of Beena Government Railway police (GRP) station AB Sharma said that the victim was travelling in S-7 coach and was heading towards Ujjain to visit the Mahakal temple. She is a resident of Kanpur and was working in Delhi.

Her parents had already reached Ujjain and are waiting for her, said the officer.

He however said that they do not have any information about the alleged rape attempt.

“We can’t go by rumours. The girl was unconscious when she was found. We cannot come to any conclusion until her statement is recorded,” said Sharma who took her to district hospital in Sagar and then to Hamedia hospital, Bhopal for further treatment.

The victim sustained fatal injuries on her face and other parts of body.

Investigations are on.

PUCLblog

101 deaths on rly tracks on just 1 platform in Agra

101 deaths on rly tracks on just 1 platform in Agra

Agra: Days after the trial of semi-high speed train between Delhi and Agra, which is expected to cover the distance in just 90 minutes hitting a maximum speed of 160kmph, here is an eye-opener on our preparedness to deal with the new challenges.

Taking a serious note of a whopping 101 deaths in just 4 years while crossing railway tracks between two platforms at Agra’s Raja Ki Mandi railway station, a bench of Allahabad high court has ordered the authorities of North Central Railways to take appropriate steps to save lives and ensure that people used foot-over bridges (FOBs).

Given that there are various platforms at Raja Ki Mandi railway station, which again is just one of the five railway stations in Agra and by no means the busiest, the high number of deaths comes as a shocker.

Acting on a PIL, a bench of chief justice Dhananjaya Yeshwant Chandrachud and justice Pradeep Kumar Baghel passed the order last week. The information was provided to the petitioner by the GRP Raja Ki Mandi railway station in reply to an RTI query.

The over-all scenario of railway track deaths in Agra is even more gruesome.

According to railway police records, 735 people have been found dead at railway tracks in Agra in the last 11 months. As many as 770 people had died on rail tracks in the district in 2013.

“People seem to have lost regard for railway rules. Their irresponsibility leads to fatal accidents, but people fail to understand. Even after announcements at the stations, FOBs are not used,” said Himanshu Kumar, superintendent of police (railways).

Kumar added that the RPF takes action against those flouting rules once a week or so, but then the cops get busy with some other work, which leads to loss of fear among people.

People crossing platforms directly and not using FOBs is a common in all the five major railways stations in the city, including Agra Cantt, Agra Fort, Idgah, Raja Ki Mandi and Achnera railway stations. In absence of regular action against wrong-doers, passengers prefer crossing tracks to save time.

According to sources, neither GRP personnel nor railway officials pay any heed to this menace, which not only endangers lives of those fluting rules but also compromises railway safety norms.

With the government planning to start superfast trains on the New Delhi and Agra route soon, such cavalier attitude may lead to more mishaps. Though the railways has planned to barricade certain areas around the railway tracks for safety, it would be difficult to stop such activities at platforms without officials taking stringent action against the violators.

Talking to TOI, Bhupindar Dhillon, public relations officer (railways), said that people need to be instructed to use only FOBs and that there is a need to appoint police officers at platforms to check any breach in law.

http://timesofindia.indiatimes.com/city/agra/101-deaths-on-rly-tracks-on-just-1-platform-in-Agra/articleshow/45208709.cms

PUCLblog

Police nab rape accused within 18 hours

Police nab rape accused within 18 hours

Agra: A 19-year-old Dalit girl was allegedly gang-raped by her boyfriend and his three friends in Dahtora village of the district and the accused also tried to kill her to hide their crime, but she jumped from the second floor of the building, injuring herself grievously.

Local police on Wednesday nabbed the four accused within eighteen hours of the incident.

Giving details, police said on Tuesday night, the girl’s friend, Akash, had asked her to come to a desolate house by phone. When she reached the place, she found her boyfriend with three of his other friends.

Akash, who reportedly told the police that he was annoyed with the survivor for her persistent requests of getting married, decided to commit the gory crime with his three friends – Narendra, Chhotu and Monu. The men first violated the girl and then decided to kill her.

But the girl escaped their clutches and jumped off the second floor of the building, grievously injuring herself in the process. People nearby rushed to the spot to see the girl lying in a pool of blood. They immediately took her to the nearest hospital.

Police said the girl, who is still in the trauma centre, is currently in a semi-conscious state after having received injuries on her arms, ribs, legs and abdomen.

But the police didn’t take much time to catch the four men. Tipped off by an informer at Toyta Tiraha, policemen apprehended the accused and slapped FIRs against them. SSP Shalabh Mathur said that they had filed an FIR under Section 376 (rape) of the IPC against the accused. As the victim was a Dalit, the police have also filed the complaint under the SC/ST Act.

Mathur also said the men had confessed to the crime.

Meanwhile, the ailing girl’s parents demanded the strictest action against the perpetrators. “I don’t know whether she will live or not but the boys should be handed a rigorous punishment. I don’t know whether my daughter was in love with one of them but I shudder to think that a boy can do this to someone he loves,” the girl’s mother said.

http://timesofindia.indiatimes.com/city/agra/Police-nab-rape-accused-within-18-hours/articleshow/45208735.cms

‘Inspector raj’ abolished in ration supply

‘Inspector raj’ abolished in ration supply

NEW DELHI: In a bid to expedite the distribution process, the Delhi government on Wednesday abolished the four-decade-old system of ‘inspector raj’ in which an inspector had to first open the sale of rations before it being distributed.

In the inspector raj system, the fair price shop (FPS) licensee was required to inform the office of food supplies officer about the arrival of ration, who would then depute an inspector to visit the FPS to verify the commodity received and then order for opening of sale.

“Government has abolished the system of opening of the sale in each ration shop by the inspectors of the department before the ration could be sold to the beneficiaries,” said Sajjan Singh Yadav, secretary-cum-commissioner, food supplies & consumer affairs. Yadav said in the old system, the ration card holders had to wait for their ration till the sale was opened by the inspector.

http://timesofindia.indiatimes.com/city/delhi/Inspector-raj-abolished-in-ration-supply/articleshow/45211737.cms

PUCLblog

Pastor gets 10 years rigorous imprisonment for kidnap, rape of minor girl in Chennai

Pastor gets 10 years rigorous imprisonment for kidnap, rape of minor girl in Chennai

The pastor, who had already been married and had a child, abducted a minor girl.
CHENNAI: A court in Chengalpet has sentenced a pastor to 10 years rigorous imprisonment for abducting and raping a 17-year-old girl.

According to the prosecution, David Inbaraj, 35, was a pastor at a church in West Tambaram. Kalaiarasi (name changed), a resident of the area, visited the church regularly.

Later, the pastor started visiting her house under the pretext of conducting prayers and developed a relationship with her.

Inbaraj, who had already been married and had a child, eloped with the girl on March 16, 2013.

Based on the complaint of her father, the Tambaram police registered a case against the pastor for rape and abduction.

Meanwhile, the pastor’s wife, Sonia, had filed a petition in the Madras high court seeking its intervention to find her missing husband.

On December 12, 2013, police rescued the minor girl from Bangalore. Inquiries revealed that after abducting Kalaiarasi, the pastor had taken her to Nagaland and Meghalaya. Later, he brought her to Karnataka.

Sessions court judge S Ananthi said the prosecution had proved its case against the pastor beyond a reasonable doubt.

The court also imposed a fine of Rs 10,000 on Inbaraj.

PUCLblog

Notice to Venkatesh for illegal construction

Notice to Venkatesh for illegal construction

HYDERABAD: The Greater Hyderabad Municipal Corporation (GHMC) on Tuesday slapped Tollywood hero Venkatesh with a notice for illegal construction.

The unauthorised construction of a shed was noticed during an inspection by officials at a property located at Film Nagar. In the notice, it was mentioned that construction of the shed without obtaining prior permission was violation of GOMs 86 and 168 dated 3-3-2006 and 7-4-2012 respectively.

“There was an unauthorised construction that was witnessed in his Film Nagar plot. The actor was constructing a shed in the plot, without obtaining permission from GHMC. We have served him with a notice and he would have to remove the construction within 10 days or else we would do the job,” said GHMC deputy commissioner MSS Somaraju.

However, in his reply to the notice, the actor has clarified that the plot in question has been leased to Munna United Hospitality Services, which is represented by its director P Pramod Kumar. The actor also made public the lease agreement, property tax documents and building permission issued by the civic authority.

http://timesofindia.indiatimes.com/city/hyderabad/Notice-to-Venkatesh-for-illegal-construction/articleshow/45211054.cms

PUCLblog

Cops accused of molestation

Cops accused of molestation

KOLKATA: Two policemen of Chetla police station are accused of passing lewd comments at a married woman who belongs to a well known business family in Kolkata.

The woman’s family says that though she filed a complaint naming of the officers, Chetla police station registered a complaint against unknown persons.

“We have registered a case of molestation based on the woman’s complaint. No name has been mentioned in the FIR,” said DC Sujay Chanda.

Witnesses, however, identified the accused officer. “The woman was walking down the road late at night when the cop passed lewd comments. She was furious and protested strongly. Locals rushed to help her and demanded action against the accused officers. They even held a dharna outside Chetla police station. It was under pressure that police registered a case but did not name the main accused, an SI,” alleged Snigdha Agarwal, a local.

With police desperate to salvage their image, senior officers at Lalbazar said they will ensure that the Chetla case is taken to its conclusion.

“Our seniors are keeping track of it,” said a joint-CP level officer.

http://timesofindia.indiatimes.com/city/kolkata/Cops-accused-of-molestation/articleshow/45212211.cms

PUCLblog

HC asks govt to make sure Medical Services are not disrupted

HC asks govt to make sure Medical Services are not disrupted

Stating that denial of medical services for whatsoever reason is a grave violation of basic human rights, the Karnataka High Court has asked the governments, administrations and the medical fraternities across the country to cooperate and ensure that public health services are not stopped even for an hour.

The HC also criticized the recent “mass resignation” of doctors that left many patients stranded and helpless for two days. The bench hearing the matter further commented that such situation must not be repeated again in the future.

The matter was brought to the judiciary’s attention N.P. Amruthesh, a Bangalore-based advocate through a PIL.  Amruthesh argued in his PIL that frequent strikes called in by officials in the public healthcare system was causing a great deal of problems for the common people. He also criticized the Karnataka government for its failure to arrange adequate alternate arrangement for the sufferingpatients in time.

The HC observed that while the government has no rights to treat doctors as “slaves”, it should not hesitate to resort to appropriate legal actions such as suspension of doctors or leaders of their association where and when needed.

The counsel representing the government clarified that it was not right for the doctors to carry out a mass resignation because they were contractually obliged to serve for a minimum tenure. The High Court further observed that since the doctors did not call for strike and only gave their resignation, the matter will have to be scrutinized more carefully to see if it can be categorized into an indirect strike.

The next hearing on the issue has been scheduled on November 27, 2014.

http://www.vakilno1.com/latest-notifications/hc-asks-govt-make-sure-medical-services-disrupted.html

PUCLblog

HC tells govt to spread awareness about Email and SMS scams

HC tells govt to spread awareness about Email and SMS scams

The Bombay High Court has asked the Maharashtra government to take adequate measures forspreading awareness about scams that target people through emails and mobile text messages.

The HC delivered the judgment while hearing a petition filed by Namdev Warde, a citizen from Nashik who lost INR 29 lakh to such a cam.

A division bench led by Justice V M Kanade instructed the home department of Maharashtra government to take seek help from mobile service providers when and where necessary. The bench also emphasized on a more stringent implement of Reserve Bank of India’s ‘Know Your Customer’ policy by all public and private sector banks.

Meanwhile, the petitioner has appealed the HC to transfer his case from Nashik Police to the CBI.

Apparently, Warade received a text message last September that said he had won US$ 500,000 from a multinational company. On responding to the message, Warade was contacted through email and thefraudsters asked him to deposit a hefty sum for the transfer process.

Not only did Warade give into the scam, but he also sold his house and other assets and paid INR 29 lakh to the perpetrators before finally realizing that he had been duped. The police has so far arrested one person in the case but 15 others are still at large.

http://www.vakilno1.com/latest-notifications/hc-tells-govt-spread-awareness-email-sms-scams.html

PUCLblog

Delhi High Court asks for infrastructure for judges

Delhi High Court asks for infrastructure for judges

 Delhi High Court has told the government and other agencies to make way for judicial officers in the nation’s capital, New Delhi. The court has ordered the centre and agencies to provide more court space and infrastructure for officers of the court.

In response to a PIL, advocate R K Kapoor, asking for directions for filling up of existing vacancies and creation of additional infrastructure for Delhi Judicial Service (DJS), the bench made the observation.

A bench consisting of Justices S Ravindra Bhat and Vipin Sanghi excerpted that, “Why should we confine it to you (the petitioner). It is a matter of great concern. Land/infrastructure needs to be made available for court space, which the government can do.”

“It is not only our job. The government and its agencies should also think over it,” the court said as per the Business Standard.

“The respondents…After due inter se consultations with DDA shall intimate to this court the availability of additional land to ensure creation of infrastructure in the vicinity of the existing court complexes, having regard to the sanction accorded for the creation of additional posts in the cadre of DJS and theDelhi Higher Judicial Service (DHJS),” the bench said.

The concerned officials of Delhi government, DDA, PWD, MCD and land department are expected to file a status report by December 17, 2014 which will be inclusive of the progress of approvals like funding, construction and identification of land.

Adv Kapoor had filed the PIL seeking direction to the Registrar of the Delhi High Court to “notify/advertise” all the existing vacancies as were existing on February 18 for recruitment to DJS.

http://www.vakilno1.com/latest-notifications/delhi-high-court-asks-infrastructure-judges.html

PUCLblog

RBIs strict rules for the Non-Banking Finance Companies

RBIs strict rules for the Non-Banking Finance Companies

Reserve Bank of India (RBI) has tightened the rules for the Non-Banking Finance Companies (NBFC) on the systematic working between them and the banks. “For NBFCs with large asset sizes, and for all deposit accepting NBFCs, regulations have been harmonised across NBFCs, and to some extent, with banks. The intent is to create a level playing field that does not unduly favour or disfavor any institution,” RBI said
Big companies with asset size of Rs 500 crore or more and NBFCs taking deposits will face tight provisions and will have to raise minimum tier one Capital to 8.5 per cent by end of March 2016 and 10 per cent by end of March 2017. This strict classification of assets for NBFCs has been done to bring them at the banks level.

In the revised regulations temporary suspension of licenses has been revoked by RBI for the sector which was in force since April 1, 2014.

Considering the overall growth of the NBFCs with assets over Rs 100 crore which were considered significant has been increased to Rs 500 crore. For obtaining the license new companies will have to pay Rs 2 crore. NBFCs accepting funds from public will have to get themselves rated by March 31, 2016. The companies that do not get themselves rated will not be allowed to accept or renew deposits.

http://www.vakilno1.com/legal-news/rbis-rules-for-non-banking-finance-cos.html

PUCLblog

5 years experience a must to be a Supreme Court lawyer: BCI

5 years experience a must to be a Supreme Court lawyer: BCI

The Bar Council of India has specified that “5 years experience a must to be a Supreme Court lawyer”

With the new Certificate of Practice and Renewal Rules issued in 2014, the Bar Council of India (BCI) has stated that an advocate cannot start his/her practice in the Supreme Court unless they have atleast five year practice experience in the lower and high court of India .

Before being allowed to argue in the Supreme Court, advocate must practice for at least two years in a trial court and three years in a high court in India.

As per the rules, the advocate’s certificate of practice will have to be renewed in every five years with theState Bar Council. The application for the same should be filled six months before the certificate’s expiry.

According to Economic Times report the reasons of the new certificate of practice rules states “There is an urgent need for laying down some conditions for practicing law in different courts so as to give due weightage and credence to experience.

Before an advocate could practice law in higher courts, there is need that he is exposed to real court experience in lower courts/trial courts. This will help in integrating the whole judicial system from the perspective of the bar”.

Advocates of all the categories can appear before the Supreme Court but Supreme Court advocates on record (AOR), who cleared the Supreme Court AOR exam, are only eligible to appear and to plead for a party in the Supreme Court. Non AORs cannot file their matter in Supreme Court without the help of AOR.

In 2013, Supreme Court had banned the advocates enrolled for less than one year from appearing before the Supreme Court.

The new issued rule will help the fresher’s advocate in learning the ropes from lower and high court and will make them understand courts functioning.

http://www.vakilno1.com/supreme-court/5-years-experience-must-supreme-court-lawyer-bci.html

PUCLblog

Majority of rapists are known to victims: Delhi Police

Majority of rapists are known to victims: Delhi Police

The fresh data submitted by the Delhi Police to the Delhi High Court on women’s safety in the capital has become a matter of concern. The report reveals that over 60 per cent of all cases of sexual offences against women such as rape and molestation were committed by known persons and family members.

As per the report submitted, total of 1704 rape cases were reported till October 15, 2014 in Delhi and out of which less than 5 per cent were committed by total strangers, whereas in over 241 rape cases close relatives such as the father, step-father, brother, cousin, uncle, brother-in-law and father-in-law were accused and over 430 rapes reported were committed by a neighbor or family friend.

The affidavit was submitted before Delhi High Court Justice B.D. Ahmed and Justice Siddharth Mridul, who had last month asked the Delhi Police to provide details of sexual offence cases collected by ‘crime mapping’. In a PIL filed by social worker Nandita Dhar, the court has asked the police and the government to conduct crime mapping and sociological analysis of the crimes against women in Delhi.

Less than 8 per cent of the accused in rape cases and only 3 per cent of the accused in molestations are under 18 years of age as stated in the data. Most of the accused in rape and molestation cases are between 18-25 years of age.

The report also states a clear distinction in the education levels and socio-economic strata of the victims and the accused in various crimes. Most of the accused in both molestation and rape cases have also received some level of education, and many have passed class 10.

According to the Delhi Police, various advertisement scripts for Television and Radio have been approved by the government to create awareness about the crimes against women. Police also informed that the women police officers in civil dresses directly visit the victims in hospitals to record statement and take up investigation immediately. Women beat officers have also been asked to raise awareness by creating Women Safety Committees.

http://www.vakilno1.com/forms/notices/majority-rapists-known-victims-delhi-police.html

PUCLblog

The Criminal Law Amendment 2013 simplified

The Criminal Law Amendment 2013 simplified

The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code,Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013 and deemed to come into force from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.

  • Backdrop

Against the back drop of nationwide outrage over the tragic Delhi gang-rape case of Nirbhaya, incident of 16 December 2012, propelled the Government of India to drive the issue of violence against women to a centre stage. Hence, a three member judicial committee was set up headed by the former Chief Justice of India J.S. Verma, the key objective of the committee was to review for possible amendments to the criminal law and suggest measures for faster trials and harsher penalties. The recommendations by the committee were based on more 80,000 suggestions by eminent jurists, social activists, legal professionals, NGO’s, through varied methods.

The Criminal Amendment Act, 2013 is also popularly known as the Anti-rape Act, it amends the following:

  • The Indian Penal Code, 1806
  • Code of Criminal Procedure, 1973
  • The Indian Evidence Act, 1872
  • Protection of Children from sexual offences Act, 2012
Section Offence/ Issue Definition Criminal Amendment Act, 2013
INDIAN PENAL CODE
Insertion of Section 166A of IPC Disobedience of law by public servant Failure to record information in sexual offences cases; knowingly disobeys laws in investigation Punishable with rigorous imprisonment for 6 months to 2 years and liable to fine.
Insertion of Sections 326 A and B of IPC Acid Attack Throwing of acid attack on woman for a multitude of reasons, including alleged adultery, turning down advances from a man, also as domestic violence. Causes partial or permanent deformity or burns on any person. Specific Offence under the act, Punishable with 10 years Imprisonment extendable to life imprisonment or fine or both.The fine amount should be sufficient for the medical expenses of the victim.
Insertion of Section 354 A of IPC Sexual harassment and punishment for the same Any physical contact, advances involving unwelcoming and sexual behaviors, demand of sexual favour, showing pornography against will, any sexually coloured remark[1]. Punishment for the offences mentioned except for sexually coloured remarks are punishable with imprisonment of a term extending upto 3 years, fine or bothIn case of sexually coloured remarks the punishment can extend up to an imprisonment of 1 year, fine or both.
Insertion of Section 354B of IPC Compelling a woman to remove her clothes Compelling a woman to remove her clothes and be naked also if she has agreed to it voluntarily, video graphing the same and making it available to third person without her consent is an offence Punishable with imprisonment 3 to 7 years
Insertion of Section 354C of IPC Voyeurism Watching a woman when she is engaged in a private act including sexual acts, like use of lavatory, or when private parts are exposed. Specific offenceOnly protects womenFirst time the offence is punishable with 1 to 3 years imprisonment and fine.Second time is punishable with 3 to 7 years.
Insertion of Section 354 D of IPC Stalking Following a woman, attempting to foster personal interaction despite indication of victim’s disinterest, spying, monitoring electronic communication Specific OffenceOnly against a womanFirst time punishable with 1 to 3 years imprisonment. (Bailable)Second offence is punishable with up to 5 years. (Non- Bailable)
  Age of Consent Legal age of Consent at which a person is considered competent to give consent for sexual intercourse Has been increased from 16 years to 18 years
Substituted Section 375 of IPC   Rape Has included more actions under the purview of rape such unconsented penetration of mouth, urethra, vagina, anus with penis or other objects, and unconsented application of mouth to vagina, urethra and anus. Rigorous imprisonment of 7 years extendable to life imprisonment.Marital Rape has not been included as an offence if the wife is 15 years and above.
Insertion 376 (2)(c) of IPC Rape by personnel of armed forces Armed forces includes naval, military, and air forces, paramilitary forces, auxiliary forces that are under the control of central or state government. Specific Punishment punishable with RI for a description which shall not be less than 7 years or may extend to Life Imprisonment.
Insertion 376 A of IPC Rape resulting in death or vegetative state Causing death or persistent vegetative state when committing rape. Punishable with RI for 6 months to 2 years and fine
Insertion Section376 D of IPC Gang Rape Where a person is raped by one or more persons in a group acting in furtherance of a common intention, each of these persons shall be deemed to have committed the offence of gang rape, regardless their gender Imprisonment upto 20 years extendable to RI Life Imprisonment. And fine that meets the medical expenses of the victim.
Section376 E of IPC Repeat of offences. Repeat of these offences under Section 376, 376 A and 376 D Punishable with Life imprisonment or death.
CODE OF CRIMINAL PROCEDURE, 1973
Amendment Section 197 of Code of Criminal Procedure Explanation added No sanction required in case of a public servant accused of an offence alleged to have been under 166A, 166 B, 354, 354 A, 354 B, 354 C, 354 D, 370, 375, 376, 376A, 376 D or Section 509 of IPC  
Amendment of Section 309 of Code of Criminal Procedure.   Trial to be held on day-to-day basis. In case of rape cases, trial to be completed within 2 months of filling of charge sheet  
Insertion of Section 357 C of Code of Criminal Procedure.   All hospitals whether private or public or run by any other person to provide free medical aid to the victim of offences covered under Section 376 A-E  
INDIAN EVIDENCE ACT, 1872
Section   53 A Evidence of character or previous sexual experience Is not relevant. Bars the use of sexual history in determining the consent of the woman. Bars cross examination as the general immoral character of the victim.  
Section 114A Resumption as to Consent Shifts the onus on accused, also if the victim states in the court that she did not give consent the court will presume the same.  
Section 119 Special Provisions for evidence of differently abled persons Court to use the assistance of interpreters to take evidence of differently abled persons. Such evidence to be considered evidence when given in open court. Statement to be video recorded  

 

http://www.vakilno1.com/legal-advice/criminal-law-amendment-2013-simplified.html

PUCLblog

‘Mangaluru Rising’ with the Poster Phaado movement – The Ugly Indian factor

‘Mangaluru Rising’ with the Poster Phaado movement – The Ugly Indian factor

Wall Cleaning D 2

Mangaluru: Much before Prime Minister Narendra Modi’s ‘Swacch Bharat’ campaign gained popularity among citizens and organisations across the country, few groups of citizens have been quietly (and efficiently) doing their bit to beautify the cities and neighbourhood they reside by tackling the problem of garbage piles and messy corners in the public domain.

No activism, no talks, no preaching; only active cleaning. In other words, it is plain – ‘Kaam Chaalu Mooh Bandh’.

With the intention to beautify Mangalore and its surrounding, a certain group of individuals from different spheres come together every Sunday and ‘reclaim’ public spaces – one at a time. The results are visible at various corners in Balmatta, Jyothi, Valencia, PVS Circle, Ladyhill, and several bus stops in the city.

Inspired by The Ugly Indian (TUI), which started as a citizen’s movement in Bangalore city in 2010, the group of like-minded citizens, who wish to remain anonymous and unidentified, have taken up the unique initiative of ‘Poster Phaado’ movement in and around Mangalore. As part of the initiative, the group collectively works to tear down ugly posters posted along the streets in the coastal city and give the walls a ‘cleaner’ look.

Mangaluru Rising – Reclaiming the public space

Members of the group communicate through social media with the hashtag #PosterPhaado and notify volunteers willing to tackle the problem of dirty streets and dumping spots by involving in active work without complaining.

Armed with cleaning tools and their ‘Kaam Chaalu Mooh Bandh’, the anonymous citizens arrive at a designated time and venue, to get down to ‘active’ work. One by one, they steadily pick filthy spots each week and indulge in ‘spot-fixing’, thereby ‘reclaiming’ the public space from garbage, litter or unwanted posters.

The ‘Poster Phaado’ movement surges ahead

From their first ‘spotfix’ at the historic Sultan Battery where they removed trash from the immediate surrounding and reclaimed the landmark site, to the weekly ‘Poster Phaado’ events in Mangalore City Corporation limits, the group have so far “reclaimed” close to 30 public corners, bus stops, alleys and streets in a period of five months .

Apart from Sultan Battery which was visibly made cleaner thanks to the efforts of the volunteers, these spot-fixes range from bus stops at St Agnes (Bendoor), Bendoorwell, St Aloysius (Lighthouse Hill), Lady Goschen (Hampankatta), MG Road, Besant and Car Street to stretches of walls plastered with posters in other areas.

Speaking to Coastaldigest.com, one of the volunteers said that most of the spotfixes they achieve sustained themselves without much trouble. With a couple of spotfixes, the posters were back in the next week, which had to be removed again. The rest is upto the citizens themselves to use their civic sense and maintain the cleanliness of the reclaimed spots, he said, scrubbing the walls at Balmatta junction during their spotfix on Sunday.  

Their Facebook page – The Ugly Indian – Mangalore Chapter has over 3,300 Likes till date with several ardent followers pursuing the activities of the volunteers with each post.

Looking at the efforts of the enthusiastic volunteers, one can hope Mangaloreans get better at their civic sense and inspire civilians in other towns to start their own spotfixing. Be the change you wish to see. 

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Photos by Suresh Vamanjoor, Safoora Ali

http://www.coastaldigest.com/index.php/coastal-plus/69890-mangaluru-rising-with-the-poster-phaado-movement-the-ugly-indian-factor

PUCLblog

Youth accuses Puttur cops of committing atrocities

Youth accuses Puttur cops of committing atrocities

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PUTTUR : The Puttur police have been charged with committing atrocities on a youth after summoning him to the station for enquiry in a case. The injured youth has now been admitted to Puttur Government Hospital.
The victim is Vivek (29), son of Eshwara Naika of Annamoole in Vittal village. Speaking about the incident, Vivek said he worked in a petrol bunk near Bobbekeri and owed some money to the bunk owner. According to him, his employer Krishna who arrived at his residence on November 16, Sunday with two cops of Vittal, took him to the station where he was beaten up and abused.
“The SI and other personnel have assaulted me,” he has alleged. Vivek says the cops later forced his brother to give a statement that Vivek was unharmed and even video recorded his statement. He further added that the cops threatened to file an FIR against him if he too failed to give a statement s per their demand.”They have also made me sign a blank paper,” Vivek said and added he was admitted tothe hospital due to increased pain.

http://thecanaratimes.com/epaper/index.php/archives/30539

PUCLblog

Jarkhand young woman’s suspicious death : Women’s Commission member wants thorough investigation

Jarkhand young woman’s suspicious death : Women’s Commission member wants thorough investigation

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KUNDAPUR : State Women’s Commission Member Shyamala Bhandari has demanded a thorough investigation into the case of suspicious death of a young woman of Jarkhand origin who was found hanging from a tree at a place called Nellibettu in Saligrama town panchayat limits.
She has said the origin of the young woman is immaterial, but there is a need for a through probe and punishment to these responsible for the death.
The body was first noticed by a woman who had come to the area for picking grass. It is learnt, her shawl was found a little away. Even a chain with a cross was found giving room for doubts. Moreover, locals felt there was no way that the woman could hang herself from the tall tree.
The Women’s Commission member who had visited the place later even visited the residence of one George in Yadabettu Gopalkrishna Road where the deceased woman was working.
On the other hand, the Women’s Commission Member pointed out that the police instead of doing a pot-mortem were waiting for the family of the girl after placing the body in the mortuary.
Bhandari said she had asked the police to conduct a post-mortem and make a thorough probe to know the exact cause of the death of the young woman.

http://thecanaratimes.com/epaper/index.php/archives/30563