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Awareness domestic abuse For Your Information Save Women Women Assault

Crime ratio in India against women

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Crime Name 2014 2015 Decreased/Increased
Cruelty by Husband/Relatives 225648 187067 -17%
Women Assault/Sexual Harassment 140462 142832 2%
Rape 139308 121257 -13%
Women Kidnapping 42728 38487 -10%
Dowry Deaths 23587 19973 -15%
Insult to the Modesty of Women 15482 14208 -8%
Stalking 5439 6694 23%
Gang Rape 4985 4717 -5%
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Is this the right thing to do? What you think about it?

Is this the right thing to do? What you think about it?
Important question for every Lawyer, that now a days some of the lawyers are doing one thing that is they are sending a Legal Notice on behalf of his/ her Lady client to the Respondent .Before the filling a case of 125 Cr.P.C for the making extra money from his/her client. They are misusing the power of Law.MY QUESTION IS THAT (IS THIS THE RIGHT THING TO DO THAT). What you think?
Because in my Knowledge there is not a process like that in 125 Cr.P.C before filling a case of 125 Cr.P.C..
GARIMA OZHA ADVOCATE
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The Protection of Children from Sexual Offenses Act

Child sexual abuse laws in India have been enacted as part of the nation’s child protection policies. The Parliament of India passed the ‘Protection of Children Aagainst Sexual Offenses Bill, 2011’ regarding child sexual abuse on May 22, 2012 into Act. The rules formulated by the government in accordance with the law have also been notified on 14th November 2012 and the law has become ready for implementation. Fifty three percent of children in India face some form of child sexual abuse. The need for stringent law has been felt many times.

The new Act provides for a variety of offenses under which an accused can be punished. It recognizes forms of penetration other than pentagonal penetration and criminalize acts of immodesty against children too. The legislators tried to draft a gender-neutral Act, but failed, using the pronoun ‘he’ in the description of various offenses. With respect to pornography, the Act criminalize watching or collection of pornographic content involving children.

The Act makes abatement of child sexual abuse an offense. It also provides for various procedural reforms, making the tiring process of trial in India considerably easier for children. The Act has been criticized as its provisions seem to criminalize consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years.

 

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Children sexual assault

The majority of adults who assault children were themselves sexually assaulted as children.

FALSE. Children may retract an allegation because of enormous pressure placed on them to make it go away. The family may be at risk of breaking up, parents distressed and the child has no support. Disbelieving adults give the child the idea that if they say it was a lie things will return to normal. However an offender will not stop abusing and often becomes more aggressive knowing that if the child says something again people will not believe them

TRUE. Most people who work with children (teachers, doctors, counsellors) are mandatory notifiers to the Department of Community Services.

Sexual offenders have a sleazy or frightening appearance.

FALSE. Sexual offenders do not look any different from anyone else. They are usually “average” people in our community. In fact they usually try hard to impress adults they come in contact with to earn their respect and trust. Offenders usually relate well to children to increase their access to that child and build that child’s trust of them.

FALSE: Evidence does not support the view that offenders have also been a victim of sexual abuse, with between 20-30% of offenders disclosing their own sexual abuse during childhood.

Untrue allegations of child sexual assault are frequent, children often making up stories about adults to get them in trouble.

FALSE. Children rarely lie about sexual assault. Statistics show that in 98% of cases children’s statements are found to be true. Children who report sexual abuse often describe sexual behaviour in detail, information they are unlikely to have unless their stories are true

A child says that they have been sexually assaulted and then later says that it didn’t really happen. This clearly means that they are lying.

All professional persons who work with children must, by law, report any suspicion of child sexual assault or other forms of abuse.

 

 

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Awareness For Your Information Uncategorized

ANIMAL CRUELTY

  • Injuring an animal belonging to another person.
  •  Causing an animal to fight with another.
  • Using a live animal as a lure in a dog race.
  •  Tripping a horse.
  •  Seriously overworking an animal..
  • Killing, seriously injuring or poisoning an animal.
  •  Transporting or confining an animal in a cruel manner.
  •  Abandoning an animal.
  •  Failing to provide food, care or shelter.
  • Torturing an animal.
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What amounts to cruelty against husband

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What amounts to cruelty against husband?

Though it is the duty of the court to decide the case based on facts and circumstances but what amounts to cruelty is an important aspect as misuse of Laws by the wife against husband in society is growing day by day and most apparently some Indian Urban educated women have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives and there are certain grounds on which cruelty against husband can be proved:-

Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and in-laws of husband through lodging false complaints.

Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.

Adultery by the wife means wife having sexual relationship with some other person during the lifetime of marriage and there must be strict law to punish wife who has committed adultery.

Wife opting out for second marriage without applying for the divorce proceedings.

Threatening to leave husband’s home and threat to commit suicide by the wife.

Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mange supra in the presence of husband’s relatives.

Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.

Wife refusing to have sex with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.

Lowering reputation of the husband by using derogatory words in presence of family members and elders.

Lodging FIR against husband and in-laws which has later proved as false report.

Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.

Some other grounds of cruelty i.e. mental disorder and unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filial.

Extra-marital affairs of wife can also be a ground of cruelty against the husband.

Initiating criminal proceedings against husband and in-laws of husband with mala-fide intention by the wife.

CASE LAWS: situations in Hindu marriage where a wife was held as ‘cruel’ to the husband and the Hindu divorce law was applied by the Supreme Court;

Mrs. Deepalakshmi Saehia Zingade v/s Sachi Rameshrao Zingade (AIR 2010 Bom 16)

In this case petitioner/wife filed a false case against her husband on the ground of ‘Husband Having Girl Friend’ which is proved as false in a court of law so it can be considered as cruelty against husband.

Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111)

According to this case a wife who refuses to have sexual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.

 Kalpana v. Surendranath (AIR 1985 All 253)

According to this case it has been observed that where a wife who refuses to prepare tea for the husband’s friends was declared by the court as cruelty to husband.

Note:Though the amendments introduced in the penal code are with the laudable object of eradicating the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty.

The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.e. fast emerging. A strict law need to be passed by the parliament for saving the institution of marriage and to punish those women who are trying to misguide the court by filing false reports just to make the life of men miserable and ‘justice should not only be done but manifestly and undoubtedly be seen to be done.

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For Your Information

The Protection of Children from Sexual Offenses Act

Categories
For Your Information

The Protection of Children from Sexual Offenses Act

Child sexual abuse laws in India have been enacted as part of the nation’s child protection policies. The Parliament of India passed the ‘Protection of Children Against Sexual Offences Bill, 2011’ regarding child sexual abuse on May 22, 2012 into Act. The rules formulated by the government in accordance with the law have also been notified on 14th November 2012 and the law has become ready for implementation.Fifty three percent of children in India face some form of child sexual abuse. The need for stringent law has been felt many times.

The new Act provides for a variety of offenses under which an accused can be punished. It recognizes forms of penetration other than pentagonal penetration and criminalize acts of immodesty against children too. The legislators tried to draft a gender-neutral Act, but failed, using the pronoun ‘he’ in the description of various offenses. With respect to pornography, the Act criminalize watching or collection of pornographic content involving children. The Act makes abatement of child sexual abuse an offense.It also provides for various procedural reforms, making the tiring process of trial in India considerably easier for children. The Act has been criticized as its provisions seem to criminalize consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years..

 

Categories
Awareness For Your Information

The Protection of Children from Sexual Offenses Act

Child sexual abuse laws in India have been enacted as part of the nation’s child protection policies. The Parliament of India passed the ‘Protection of Children Against Sexual Offences Bill, 2011’ regarding child sexual abuse on May 22, 2012 into Act. The rules formulated by the government in accordance with the law have also been notified on 14th November 2012 and the law has become ready for implementation.Fifty three percent of children in India face some form of child sexual abuse. The need for stringent law has been felt many times.

The new Act provides for a variety of offenses under which an accused can be punished. It recognizes forms of penetration other than pentagonal penetration and criminalize acts of immodesty against children too. The legislators tried to draft a gender-neutral Act, but failed, using the pronoun ‘he’ in the description of various offenses. With respect to pornography, the Act criminalize watching or collection of pornographic content involving children. The Act makes abatement of child sexual abuse an offense.It also provides for various procedural reforms, making the tiring process of trial in India considerably easier for children. The Act has been criticized as its provisions seem to criminalize consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years..

 

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Awareness For Your Information Uncategorized

E-Filing in Supreme Court of India

What are the procedures/ steps required to be taken for E-Filing process?

Pre-qualification – you must have prepared the Petition off line. The steps required for E-Filing process are:

Login: For login you need User ID and Password. (Advocate on record are provided ID and password from the Registry. Petitioner-in-person has to create his ID and Password by submitting his/her Identity proof.

After successful login, you have to upload all the files/documents of the matter.

At last Court Fee is automatically calculated through system. The total Court Fee includes Court Fee prescribed in the Supreme Court Rules + printing charges (@1.50 per page) for 1+5 sets(in case of Writ Petition) or 1-3 sets(in rest of the matters). The total Court Fee is payable on line through Credit Card only.

Finally, if Court Fee is successfully paid a reference no. is generated by the system against the case filed by the Petitioner-in-Person/Advocate on record. Same reference no. is to be used again at the time of refilling of documents.