Domestic Violence Against Men By Akshay Sharma

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TIME TO BRING CHANGE; JUSTICE FOR DALITS BY-Gazal Gupta

Mahatma Gandhi said “if untouchability lives, humanity must die”. Every week 13 Dalits are murdered, 5 Dalit homes are burnt, 6 Dalit people are kidnapped and 21 Dalit women are raped. Dalits, yes the outcasts or let’s say the ones without whom our homes won’t function are those individuals who are broken down by higher-ups in a systematic and deliberate manner and are kept at the bottom of almost every parameter of social or economic wellbeing. Our unfortunate diversification has resulted into formation of castes, where the upper class violate the rights of the lower class.

Even our inalienable human rights can’t protect safety, equality or justice in this vicious circle of social division. Despite the fact that abolishment of untouchability took place in 1950’s,it still remains intact at various places today in 2019’s and there are still several types of discrimination taking place like not allowed to use same temples, same wells, can’t drink from same cup on tea stalls. Regardless of their extreme poverty they are given most menial tasks and our paid very less for the same. They are treated harshly, inhumanly and our given no support.

Our government has created numerous laws like social caste and social tribes act 1955, untouchability act 1955, protection of civil rights act 1955 but still can’t ensure the safety and security of the rights of aggrieved Dalits. They are still harmed, discriminated against and denied access. Even the special considerations granted by the government aren’t reaching Dalits and the reserves give very less benefit.  Apart from this our belief in police to help us attain equality isn’t very advantageous as they themselves violate the rights of Dalits by not filing their complaints and providing justice. For how long must the discrimination continue? For how long must the lower class lose their lives? Will they never get respect in our society?

These questions for now will remain unanswered but the abolishment of untouchability,not just in terms of law but in reality too is necessary for development of our country as a whole and for the accomplishment of the same, here are some recommendations through which our society can take one more step towards equality. There should be proper law enforcement of Dalits, mandatory provision should be issued regarding access in temples to all Dalits, providing speedy justice to all Dalits, improvement in police efficiency. Awareness is also a key to change, so people should be aware of their own rights, protection of others rights and legal provisions which are in compliance with it.

Although India has made progress in terms of providing protection to Dalits but there rights are still being infringed and they are still being transgressed with. Being a Dalit is like “getting punishment without committing a sin” and the brutality of which we can’t even imagine. Hence, It is high time now, lives should be saved of the “broken people” of India (Dalits) and the social hierarchy should be abolished. Lets voice our thoughts, lets save our owns because “if not now then when, if not us then who?”

CONSEQUENCES OF WRONGFUL PROSECUTION AND INCARCERATION: A CRITICAL ANALYSIS BY-Ridhima Chandani

“Better that ten guilty person’s escape than that one innocent suffer”- William Blackstone

Delivery of justice is a grave problem in the Indian Justice system. Article 21 of the Constitution of India confers on every person, the fundamental right of life and personal liberty. “Despite this, instances of malicious prosecution and wrongful incarceration of innocent persons are quite common”.

“The National Crime Records Bureau’s (NCRB) annual statistical report called the ‘Prison Statistics India’ contains information with respect to prisons, prisoners and prisons infrastructure[1]”. A review of the data in the PSI shows that across the country under trial prisoners continue to be higher in number than the convict population. Also “the data of the period of incarceration, release, and increase in the number of under-trial prisoners year after year shows that undertrials spent a substantial period of time awaiting trials/ judicial determination of their case. This delay and waiting becomes a graver miscarriage of justice when the person is wrongfully accused and incarcerated pending trial/proceedings, which he should not have been subjected to in the first place.”

“Though the data does not specifically highlight the number of undertrials wrongfully incarcerated or acquitted pursuant to a wrongful prosecution or conviction but the number of prisoners released on acquittal at the first instance and on appeal implies that many of such were the victims of wrongful prosecution and incarceration.”

“The study of Indian laws show that thought the courts has the power to award compensation in cases of wrongful incarceration, imprisonment, etc but there is no set framework or statutory provision within which the right to compensation or the quantum of companysation is determined. This is one of the main reason due to which this problem is increasing year after year.”

“Further, in cases where the compensation has been given by the courts, it did not provide much clarity as to the basis of how the amount of compensation was determined.”

Wrongful prosecution and imprisonment has a significant impact on an individual’s lives.Once a person is released from the jail after spending so many years of his life the trauma does not end on the day of release itself, it becomes so difficult for them to reintegrate back in the society because the society draws no distinction between an accused and a convict.Some of the prisoners either don’t have a family or a home to return to and when they are released they are homeless and face financial insecurity.

While looking for employment they face a lot of barriers due to lack of education and work experience, also the criminal records does not allow him to get back in the society due to the presence of social stigma and stereotypes. They are not able to reconnect with themselves and others. The aftermath of wrongful incarceration includes problems of ruptured relationships, emotional toll and a lack of acceptance in their communities. They experience dislocation from their family and social circles, building relationships for them is very difficult.

“Such people are susceptible to a wide range of psychological consequences like clinical personality change, anxiety disorders, depression, suicides, anger, grief, paranoia, alcohol or drug dependence, memory deficits, traumatic memories or dreams, restlessness, chronic insomnia, among others.[2]”

Unlawful detention not only cause loss of years, but can also create social stigma and ostracisation even after being released. “In India, many people are not able to approach the Supreme Court or the High Courts to seek compensation in case of such unlawful detention due to lack of resources so a statutory right or provision is required which will thereby provide a legal remedy to the people and also a systematic framework or means to determine the quantum of compensation to be paid to the victim keeping various factors in consideration.”

The research shows and proves that the wrongful prosecution and incarceration has a severe impact on an individual’s life in every way be it social, economic, physical, mental, etc. Wrongful prosecution and incarceration lead to an increase in the number of under-trial prisoners which further lead to the problem of overcrowding in prisons.There are provisions mentioned in various laws but there is no specific law or statutory provision dealing solely with this issue because of which this problem is increasing year after year.Court has granted compensation in several cases but there was no reasonable ground or means for determining the amount of compensation to be paid. Also, this problem is leading to the pendency of cases in the appellate forums.

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[1]National Crime Records Bureau, Prison Statistics India (2018), at17. http://ncrb.gov.in/StatPublications/PSI/Prison2018/PrisonStat2018.htm.

[2]Christina Iannozzi, A Day in the Life the long-term effects and psychological aftermath of wrongful conviction, (Apr, 2015).

Book review : Abhinav Chandrachud's Supreme whispers

Several books are written about the Supreme Court; its evolution, its criticism or just simply about the highlights of this great institution serving the nation but only a few talks about the unheard. Supreme Whispers is one-of-a-kind, a book which will steal a person’s mind by telling them the narratives painted on the walls of the paramount Court of the country. The book provides ample of morsel memoir & reminiscence about judicial rivalries, lobbying, dissent, the pre-collegium system, Special Leave Petitions and what not. Based on George Gadbois’s seminal research work, the book provides ample of sample stories about judicial rivalries, lobbying, dissent, the pre-collegium system, Special Leave Petitions, etc. The book provides insight into the humane perspective of the court. While reading, we are taken into a fascinating journey of the inner workings of the Supreme Court while trying to understand the heavy burden of responsibility that rest on the shoulders of these judges. The reader is taken into an entertaining journey of revelations and facts through Gadbois’ interviews which are coupled with the eloquent strokes of the author regarding the prevalent political and judicial landscapes of the time that creates a stunning legal masterpiece. Gadbois had diligently prepared for each interview and they were a massive success as the judges were brutally frank in their answers. The book, uncannily, explores the inside out of the judges of the Supreme Court which not just includes their attitude towards fellow justices but also towards government. For instance, Justice Shelat, in order to torpedo Justice Bhagwati’s nomination to the Supreme Court,  gave Chief Justice Sikri an impression that Justice Bhagwati was interested in ‘pleasing the government’. The very idea of knowing the secret lives of famous and infamous, known and unknown, male and female justices is so overwhelming that it deserves to be read not only by law students but also by students enrolled in different courses. To understand it in modish scenario, wouldn’t we want to know why the former Chief Justice Dipak Misra has one of the most debatable track record as a judge? Had the author written the book for 2018 Supreme Court judges, the readers would have got an untold insider explanation. An another incidence in the book, the author answers as to why the biggest dissenter of the Supreme Court of India, Justice Subba Rao, did not dissent in a single case after becoming the Chief Justice of India. 

Author Abhinav Chandrachud has divided the book in six chapters. The very first chapter of the book shatters the image of the Supreme Court as a body of consensus. It goes into details of various rivalries, jealousies and tensions between judges of the Supreme Court over matters of ideology or more often, over quite personal matters. Another interesting insight that the book offers is about the most controversial topic in current judicial system i.e. the criteria for the selection of judges for the Supreme Court. Apparently in addition to seniority and merit, the ideological leanings of the judges, their family backgrounds, their suitability to the diversity quota in the SC, and their personal habits were also taken into account while considering their elevation.

All that could be said in end is, the reader is taken on an entertaining journey of revelations and facts through Gadbois’ interviews which are coupled with the eloquent strokes of the author regarding the prevalent political and judicial landscapes of the time that creates a stunning legal masterpiece.

“May Lord!  it has been a long time, now I want Justice”.

                                                                                                By-Anshul Sharma

It is true that “Patience is a conquering virtue.” But question is “till when”? till when our legal rights gets disposed off or till when a person himself get disposed off from this world of justice? The voice for justice is hushed under heavy bundles of files and look! what our hon’ble courts who are considered as the third pillar of democracy are doing, just interpreting the same laws reiteratively which has the same conclusion as prior. For paragon, principle of constitutional morality is implied which does not require wasting time on this thing again. And then we say that the Indian legal system is facing a huge backlog of cases.

According to National Judicial Data Grid (NJDG), the five states which account for the highest pendency are Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), West Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujarat (16.45 lakh) are pending.  While 2.84 crore cases are pending in the subordinate courts, the backlog clogging the High Courts and Supreme Court (SC) is 43 lakh and 57,987 cases, respectively. Many of these cases are pending for more than 10 years. Below are the approximate number of cases pending in Supreme Court, High Courts and District and Subordinate courts in India. Matter of this crux is firstly, the number of judges is quiet insufficient i.e. there are approx. 21,000 judges only, who are in current present in the nation. The current Judge to Population ratio is 10 to 1 million. The Law Commission report in 1987 recommends at least 50 judges to 1 million public. Also, the population has increased by 25 crore since 1987 and according to report: more than half of the seats are vacant. so, as to eliminate this major flaw, recruitment should increase.

Secondly, Indian judiciary has insufficient resources. Both, the Center and the States are not interested in increasing their spending with respect to the judiciary. Budgetary allocations for the judiciary are a pathetic 0.1% to 0.4% of the whole budget. India needs more courts and more benches.

Thirdly, once the judgement is passed, people who are dissatisfied with the judgements reiteratively file either review petition or Public Interest Litigation. This is a major drawback that instead of focusing on the obsolete cases, the courts are engaged in the current ones.

Fourthly, excessive time period is given for searching & providing an evidence, non-availability of witness, police officers, and advocates during trial leads to major delays in the court in regards of passing judgements.

Fifthly, as discuss before, interpreting same laws again & again with same conclusion results in wastage of time.

Crux is looking simple but is much more complex than it seems, as  it have various adverse effect on nation as well as on its citizens such as-

·         The common man’s faith in the justice system is at an all-time low.

·         Denies the poor man and under trial prisoners their due of justice.

·         Economic reforms remain only on paper without speedier justice system.

·         Foreign investors are increasingly doubtful about the timely delivery of justice, which affects the success of various programs like ‘Make in India’.

·         Judiciary is unable to handle the “avalanche” of litigation. Judiciary becomes overworked and lose its efficiency. Justice delayed is justice denied and Justice hurried is justice buried.

So, it is essential look into this problem, as man who deceased before his/her pending justice, his soul is saying “May Lord!it has been a long time, now I want justice”.

Enough is enough!

  Enough is enough!

               - Muskan Jain

You, me and Everyone has a right to be in an environment that is free from bullying, discrimination, violence and harassment. And speaking about harassment, sexual harassment is one of the most important subject matter to talk about.

It not only includes the undesirable and unwelcomed physical touches but also includes obscene gestures, texts or anything verbal as well as written.

We loudly talk about equality and equal rights to men and women, then why everyone is mum when it comes on speaking about sexual abuses?

According to the National Crime Records Bureau (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012. Out of which, 24,470 were committed by someone known to the victim that is 98% of the cases, which means you can not ensure your safety within your own house and even amongst your closed ones! According to an online survey by 'stop street harassment', 81% of the women have experienced some form of harassment at some point in their life. And most of these cases have gone unreported! Reason being that the person behind is someone known and instead of caring about self diligence, what "society would say" comes on top.

Also most of the children below the age of 7-8 do not understand what is going on with them as they are not made aware about the good and bad touches. Harassment is not gender oriented, boys are being harassed too, by relatives or at workplace.

Can we do something? Is silence the solution?

Being aware and speaking has always been a great way to connect with others who share the same problems and the ones who may give hands to get away with such problems.

Discussions about this issue amongst your family, friends and even at your workplace. A cell should be established at every workplace for redressal and to give punishment to such person causing mental disturbances. It's not the society who will be with you at your lows, instead of listening such society, listen and speak for yourself. It's not something that can't be swept away and together we can do wonders.

'Desperate times need desperate measures , so Stop enduring and start curing'.

THE FROZEN BENCH OF SUPEREME COURT; THE AYODHYA DISPUTE

                                                                                                            By Piyush Kumar Roy

The Ayodhya dispute has remained the bone of contention in the country and it can be phrased as a dispute since time immemorial. The dispute of land has depicted its various evil facets in the country in the form of hate crimes severe internal violence in the nation.

The constitution bench of Supreme Court has rescued himself from hearing the issue on urgent basis and reaching a valid conclusion at earliest for the sake of peace in the nation. the judiciary of India as an institution of justice bears huge liability of the trust and faith reposed by the citizens of the nation.  The element of justice not only includes equality and social justice but its essence also lies in speedy justice.

The verdict of Allahabad ( now Prayagraj) High Court was pronounces in the year 2010 but, was not able to satisfy the nation in consonance to which the verdict was challenged in the Supreme Court and till date it rests on the “Frozen Bench” of the apex court.

Recently, the constitutional bench of the Supreme court has referred the dispute for mediation. The court stated that mediation is a hope for a permanent solution, but the point to be noted here is “the duration” for such permanent solution.

Immediately after the order of the court arose huge dissatisfaction in the nation. The Hindu groups stiffly opposed the decision by saying that this is not merely a property dispute, but is concerning with the faith of the country men. The apex didn’t appear too very determined on the decision as, Justice D.Y Chandrachud wondered how any such mediation can bind millions of persons belonging to several religions as he stated that issue was not a dispute between two parties.

The lacunae which was pointed out in the Allahabad High Court’s verdict was that, the court was not able to examine the translations placed as evidence before the court. The CJI made remark on the issue of translation and said that the court will not waste its time if parties are not agreeable on translations and referred the dispute for mediation. The move by the apex court showcases that court has somehow tried to delegate its liabilities and burden on the panel selected for mediation because, the relevance and authentication of documents must be endorsed by the court as it is very imaginative that the parties in dispute shall agree to any of the conclusion & there is a probability that it may lead to further dispute.

The dispute being pending for a very long time, is leading to other problems in the nation which is in contravention to the principal of social justice. Recently seven persons who claimed to be the followers of Sanathan Dharma and worshippers of Lord Rama has challenged the acquisition of land by Central Government which ranges to 67 acres, adjacent to disputed site. The petitioners argued that such acquisition does not come within the legislative competence to enact the law, as the land is an exclusive subject matter of state. They submitted that the land is acquired at the cost of the Hindu sentiments and has infringed their right to religion guaranteed under Article 25 of the Indian Constitution. The pendency of the dispute has not only lead to legal claims but has also helped the political parties to develop propaganda for the elections which has led to communal violence in the nation. The prolonged pendency has suppressed the basic values of our holy constitution. My mind goes back to speech of Justice Chandrachud in Bombay Bar Association on why Constitution matters. Justice said that with every infringement of rights of the citizens and with every misshaping of communal violence and denial of power to love people on grounds of religion, cast and community; the constitution weeps. The words by him is highly commendable and proves its relevance on the foregoing dispute but unfortunately, “His Lordship” is not able to comply with his own words while sitting on the bench.

The extremist Hindutva oriented political parties has enjoyed a lot due to the pendency  of dispute as it has turned out to be a never depreciating, vote extracting machine. The hate crime has gained its momentum in the country which has led to poor relation between Hindus and Muslims in the land of Krishna and Kabir.

India which has been recognized across the world for its philosophy of Sarva Dharma Sambhav (respect all religion) has been adversely affected, due to the situation of conflict between the two major communities. It is very unfortunate for our nation, which is governed by the Constitution that believes in diversity and plurality that matter of religious nature has been able to gain political momentum. The common man, of Hindu and Muslim community is less excited for the final solution and is much more afraid due to disturbed atmosphere of disharmony and violence.

The extremist group from both the communities is acting as a catalyst in this burning issue. The Vishwa Hindu Parishad leaders had many a times declared that, their sole interest lies in a construction of the temple which goes against the sanctity of the court and similar declaration is made by members of Babri Mosque Action Committee and Muslim Personal Law Board in which, though they expressed the willingness to abide by the court but at the same time also mentioned that they are not prepared for any compromise about their plan to rebuild the mosque at the disputed site. Both of the statement contradicts each other which clearly reflects that decision of court would not lead to any particular solution.

It is noteworthy from the study and attitude of two major stakeholders that any negotiation or meditation as ordered by apex court can meet the ends the justice. The apex court has to consider the issue as matter of national sentiments, instead of religious or political persisting issue in the country. The complexity of the issue also reveals that any strong judicial verdict shall not resolve the issue at the root level because, any win or loss situation shall lead to further internal conflict which may outburst as situation of national crisis, therefore after properly examining the verdict of Allahabad High Court the apex court shall expeditiously pass its verdict which shall bring both the communities ad idem which is only possible if interest of both contenders are taken into consideration. The apex court may opt for any middle path such as construction of national monument of peace which shall vindicate the faith of both the religion without interfering with their sentiments or the edifices and monuments ad-joined shall display the old and rich heritage of our pious motherland conforming with national sentiments without any discrimination.

REFERENCES:

1        www.livelaw.in

(article dated: march 26,2019, 11:10 am)

(article dated: February 4,2019, 04:43 pm)

2     The Hindu

By Dr K. Hussain ’A solution to Ayodhya Dispute’