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True Colors of a Vile Wife

Category: Judicial Activism (for Public Benefit)

Legal Goals to Achieve under Judicial Activism (Via Public Interest Litigation)

Posted on December 4, 2018 by ShadesOfKnife

Some goals to achieve by April, 2021. (Some ideas of Other High Courts to be implemented in AP and vice-versa here)

Note: The ones at the top are the Latest ones that I am working on. Closed ones slowly move down this list.

  1. File a PIL to seek disposal of pending Divorce cases within 1 year (or any reasonable amount of time)
    • Source: https://www.shadesofknife.in/n-rajeev-vs-c-deepa-on-26-july-2023/
  2. File PIL to demand Revenue Divisional Officers/Sub-Collectors take up cases under Dowry Prohibition Act 1961, as mandated by Government of Andhra Pradesh under G.O.Ms.No. 69 dt: 24-Jun-1989 and G.O.Ms.No. 117 dt: 12-Dec-1997, instead of Police Department.
    • Status: Heard by AP High Court (Court-1 comprising CJ-AP and Justice Ravi Cheemalapati) and ordered, Response be filed. Petition summary along with prayers available here.
    • Update:
  3. File PIL to establish online RTI facility for the State of A.P. under Right to Information Act similar to rtionline.gov.in (https://www.livelaw.in/top-stories/sc-issues-notice-on-plea-to-set-up-online-rti-portals-in-states-147474)
    • Status: Representation Ready to be filed
    • Progress: Tracker here.
    • Status: Supreme Court passed Orders; Successfully implemented in AP.
    • Progress by Others: here.
  4. File a PIL seeking setting up on Online Portal and Complaint filing facility for
      1. AP State Human Rights Commissions
      2. AP State Police Complaints Authority
      3. High Court
    • Status: Ideation/ Ground Work
    • Status: Supreme Court passed Orders; Successfully implemented for AP High Court.
    • Progress by Others: here.
    • Status: Preparing Initial Draft
  5. File PIL seeking Appointment of advocates, other than Public Prosecutors, to advise the Investigating Officer during investigation. APHC passed gazette vide notification dt: 06-Sep-2024, making amendments to AP Criminal Rules of Practice 1990, inserting a new Rule 81-A in this regard.
    • Status: Ideation/ Ground Work
    • Case law: In Re To issues certain guidelines regarding inadequacies and deficiencies in criminal trials here.
  6. File PIL seeking Allowance of submission of Reportable judgments in digital/soft copy mode. Non-reportable case laws can still be submitted in hard-copy mode.
    • Status: Ideation/ Ground Work
  7. File Crl.P in my CFR case questioning the need for a permission petition when certified copies of Docket Orders.
    • Status:
    • Progress: Petition ready to be filed.
    • Case law: Pfimex Pharmacauticals Limited Vs Garden Finance Ltd on 19 Jun 2000 here.
  8. File PIL seeking direction reading/striking down of Section 23(2) of PWDV Act 2005, since it is against Article 14 and 21 and also Principles of Natural justice/Audi Alterum Partem.
    • Status: Ideation/ Ground Work
  9. File PIL seeking direction from any HC, to strictly implement Dowry Rules 1985.
    • Status: Ideation/ Ground Work
    • Approach: File RTI to all Marriage registrars/Home Dept if they are strictly implement Dowry Rules 1985, before registering marriages, also in spirit of Compulsory registration of Marriages Act.
    • Progress:
  10. File PIL seeking Set of Marriage-and-related Laws as a guide to both Parties for all Religions. No need of hard copies. Soft copies can be sent to as many people on both sides of marriage, as necessary, during registration of marriage.
    • Status: Ideation/ Ground Work
  11. File a PIL seeking install ‘Advanced Cardiac Life Support’ at High Court premises
    • Idea: https://www.barandbench.com/news/litigation/delhi-high-court-directs-state-government-to-install-advanced-cardiac-life-support-at-high-court-premises
    • Status: Ideation/ Ground Work
  12. File a PIL seeking fixing or reading down of section 494 IPC since it is NOT applicable on Muslim men and Christians as much as it applies to Hindu men and women AND no exception was carved out for Muslim and Christians men either by Parliament or Judiciary.
    • Status: Ideation/ Ground Work
  13. File a PIL seeking (en)forcement on the plastic manufacturers to *buy-back* their own products for recycling, re-purposing, resale?
    • Status: Ideation/ Ground Work
    • Idea: Jitender Yadav Vs Union of India
  14. File PIL to amend India’s Dowry Prohibition Act, 1961 (similar to that of Bangladesh’s Dowry Prohibition Act, 2018 here)
    • Status: Filed into and numbered by AP High Court. Petition summary along with prayers available here.
    • Update: Since PIP permission was denied, withdrew the petition.
    • Update2: Focused on only one aspect and finished PIL here.
    • Update3: Turned this into a WP instead of a PIL. About to file with AP High Court.
    • Update4: WP (in the name of my parents) is filed on 14-09-2021. Initial hearing before admission on 20-09-2021. Progress is available here.
  15. File PIL seeking State Public Health Act similar to Andhra Pradesh (Andhra Pradesh (Andhra Area) Public Health, Act, 1939) and Tamil Nadu (Tamil Nadu Public Health, Act, 1939).
    • Status: Ideation/ Ground Work
    • Link: https://www.thehindu.com/news/national/kerala/64-years-on-state-yet-to-have-unified-public-health-act/article32544689.ece
    • Link: https://theprint.in/judiciary/only-6-states-have-public-health-laws-8-have-no-plans-to-formulate-one-centre-tells-sc/531886/
  16. File PIL seeking discharging of under-trails who got bail but could not produce sureties as prescribed u/s first proviso and explanation given under section 436(1) CrPC.
    • Status: Ideation/ Ground Work
  18. File PIL seeking inclusion of Constitution of India as one Subject in the Curricula of all streams of education in India.
    • Status: Ideation/ Ground Work
  19. File PIL seeking Permission to send Notices to multiple addresses at once to save time in process serving/Notice delivering. Also multiple modes, including electronic delivery of notices via WhatsApp (or any such communications channel/platform) and email.
    • Status: Ideation/ Ground Work
    • Link: https://www.scconline.com/blog/post/2023/06/02/punjab-haryana-high-court-issues-guidelines-for-service-of-summons-through-whatsapp-electronic-media-legal-news/amp/
  20. File PIL seeking action by Election Commissions to allow filing of Nominations via online mode.
    • Status: Ideation/ Ground Work
  21. File PIL seeking Direction to all DJs to ensure speedy disposal of cases wherein statutory time limits were prescribed and penalize the the concerned Presiding Officers when such time limits were exceeded, wherein reasons were not recorded or such recorded reasons are not supported by evidence. Other side/parties may also get opportunity to dispute the petitions filed under 317/256 CrPC with a view to give effect to 309 CrPC. Also seeking strengthening of Section 317 of Criminal Procedure Code 1973 so that it’s blatant misuse at Trial Courts is eradicated.
    • Status: Representation Ready to be filed
    • Progress: Petition ready to be filed.
    • Case law : https://www.shadesofknife.in/state-of-kerala-vs-rasheed-on-30-october-2018/
  22. File a PIL seeking a direction to all Courts (through HC via Registrar and State of AP) to demand a Declaration in the Affidavit, from all parties to any litigation filed before said Court.
    • Inspiration: Rajnesh Vs Neha (Page 62 of the Judgment)
    • Status: Hearing done, Awaiting orders.
    • Progress: Here.
  23. File PIL seeking to make IPC 428, 429 as non-bailable.
    • Status: Ideation/ Ground Work
    • Link: https://www.shadesofknife.in/adv-gorkanti-vinod-kumar/
    • News: https://www.newindianexpress.com/states/telangana/2017/jun/10/court-asks-telangana-andhra-pradesh-to-amend-laws-to-make-cow-slaughter-a-non-bailable-offence-1614993.html
  24. File a PIL seeking Police policy on disposal of confiscated Vehicles, parked around Police station premises
    • Status: Ideation/ Ground Work
  25. File PIL questioning the legal basis for Bar Council of AP to charge fees for any gaps in academics of a LL.B Graduate during Advocate enrollment process, apart from taking an affidavit to that effect.
    • Status: ‘Closed’
    • Progress: Here.
  26. File a PIL seeking strict implementation of A4 paper usage in AP High Court and all sub-ordinate authorities such as Tribunals
    • Closure (only for HC): Notification
    • Status: ‘Closed’
    • End Result: High Court of Andhra Pradesh passed Circular directing usage of A4 size paper (both sides printing) in all District Courts and all Forums such as Tribunals here.
  27. File PIL seeking direction to all Courts in the State u/Article 226/227 to invoke the time limit of 60 days to dispose of a DV case, prescribed under sec 12(5), whenever an application under sec 23(1) was prayed/sought for. Also in the spirit of Sec 309 CrPC.
    • Status: ‘Closed‘; Even though my PIL was dismissed, it triggered a much necessary deadline in subsequent HC Circular to District Judiciary. Happy!!!
    • Approach: File RTI to all DJ Court Complexes seeking number of cases closed within 60 working days as prescribed u/s 12(5). If no cases disposed off in 3 years, strike down Sec 12(5) from the Act.
    • Progress: here
    • De-tour: Since too much thought was going into decide if this matter has to dealt as a WP or a WP(PIL), I decided to do BOTH. First a WP, for my individual case and then a WP(PIL) for public benefit.
  28. File PIL to apply the ratio decidendi of the two High Court judgments available here (Supreme Court also prescribed this Delhi High Court judgment in a judgment here) and here, such that in all matrimonial litigation, both parties shall be required to submit a detailed affidavit with respect to their assets, incomes and expenditures, so that decision on maintenance can be arrived at without delays.
    • Status: ‘Closed’
    • End Result: Supreme Court passed orders in Rajnesh Vs Neha here.
  29. File PIL to link Hindu Marriage Act (and other matrimonial laws that have dowry or similar concept) with Dowry Prohibition Act. Get Sec 7 of DP Act Struck down in PIL-2
    • Status: Filed, yet to be numbered by AP High Court. Petition summary along with prayers available here.
    • Update: Since PIP permission was denied, withdrew the petition.
    • Update2: Need to work on attempt-2
  30.  File PIL seeking direction to all Courts in the State u/Article 226/227 to provide free copies to BOTH PARTIES to the application when a DV case is disposed, as prescribed under sec 24.
    • Status: Ideation/ Ground Work
    • Approach: File RTI to all DJ Court Complexes seeking number of cases where certified copies are provided to BOTH PARTIES to the application, when a DV case is disposed.
    • Progress:
  31. File PIL seeking direction to all Courts in the State u/Article 226/227 to invoke the time limit of 60 days to dispose of a HMA 24 case, prescribed under the proviso of sec 24, whenever an application for maintenance pendente lite was filed and was prayed/sought for. Also in the spirit of Sec 309 CrPC.
    • Status: Ideation/ Ground Work
    • Approach: File RTI to all DJ Court Complexes seeking number of HMA-24 cases closed within 60 working days as prescribed under the proviso of section 24. If no cases disposed off in 3 years, strike down proviso of Sec 24 from the Act.
    • Progress:
  32. File PIL seeking direction to Parliament to empower all Principal District and Session Judge courts to exercise within the local limits of its jurisdiction all or any of the Writs exercisable by the Supreme Court, as prescribed under Article 32(3) of the Constitution (Writ Jurisdiction to District Courts).
    • Inspiration: here.
    • Analysis: here.
    • Status: Data available as on Sep 2020, to be updated
    • Status: Drafting representation to UOI in progress
    • Progress: here.
  33. File PIL seeking action against newspapers under Consumer Protection Act for fake/misleading news.
    • Status: Ideation/ Ground Work
  34. File PIL seeking action/fines against zebra crossing violations
    • Status: Ideation/ Ground Work
  35. File PIL seeking amendment to 126, 205, 234, 265C, 273, 278, 279 , 309, 353, 382, 384, 385, 386, 391 CrPC to allow non-pleader or co-accused in the spirit of Rule 37 of Criminal Rules of Practice in AP and Sec 32 of Advocates Act 1961.
    • Status: Ideation/ Ground Work
  36. File PIL seeking implementation of Article 130 of Constitution of India.
    • 130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
    • Status: Ideation/ Ground Work
  37. File PIL seeking action for incorrect data being reported in NCRB Crime in India annual reports.
    • Status: Ideation/ Ground Work
  38. File PIL seeking reducing noise pollution/ specifically Vehicular Sound pollution.
    • Status: Ideation/ Ground Work
  39. File PIL seeking CCTV in trains.
    • Status: Ideation/ Ground Work
  40. File PIL seeking Clothes donation from US to India/Other Developing Countries.
    • Idea from: Padma Priya Jupally
    • Status: Ideation/ Ground Work
  41. File PIL seeking action against misuse of LOCs.
    • Status: Ideation/ Ground Work
    • Idea: https://en.wikipedia.org/wiki/Look_out_circular#Misuses
  42. File PIL seeking Ban on use of loudspeakers for religious recitation/call to prayer. Many High Courts had already ruled that such calls for prayer, over loudspeakers disturbs the sleep of others.
    • Status: Ideation/ Ground Work
    • Link: https://www.barandbench.com/news/litigation/plea-allahabad-high-court-ban-sound-amplifying-devices-call-to-prayer
    • Crazy Idea: Setup auto-translators at various places which will automatically translate the Urdu recitals into local languages for every one to understand what is being recited!
  43. File PIL seeking Promissory Estoppel applicability to all Parties on their commitments made in their Manifestos.
    • Status: Ideation/ Ground Work
    • Idea: https://www.lawteacher.net/free-law-essays/administrative-law/scope-of-promissory-estoppel-against-law-essays.php
    • Idea: https://eci.gov.in/files/file/14439-strengthening-of-model-code-of-conduct-for-guidance-of-political-parties-and-candidates-2015-on-promises-made-in-election-manifestos-%E2%80%93-introduction-of-standardized-disclosure-proforma-%E2%80%93-consultation-with-political-parties/
  44. File PIL seeking amendments to sec 43 of CrPC as the current wording leads to ambiguity and unwarranted consequences to a private person who arrests a person who is charged with an offence.
    • Status: Ideation/ Ground Work
  45. File PIL seeking amendments to sec 46(3) of CrPC as the current wording leads to unwarranted consequences to a person accused of an offence punishable with death or with imprisonment for life.
    • Law: Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
    • Status: Ideation/ Ground Work
  46. File PIL seeking amendments to Protection of Human Rights Act 1993, as suggested in Abdul Sathar Vs Principal Secretary Home Depart and Ors on 05 Feb 2021 along with application of Victims Compensation Scheme 2018.
    • Status: Ideation/ Ground Work
  47. File PIL seeking striking down of Sec 26 of PWDV Act. It is held by the Apex Court in no uncertain terms that relief under one statute cannot be claimed in proceedings under another statute.
    • Status: Ideation/ Ground Work
    • Link: Chand Dhawan v. Jawaharlal Dhawan (1993) 3 SCC 406.
  48. File PIL seeking amendments to sec 39 of CrPC as it does not provide any protection from false cases.
    • Status: Ideation/ Ground Work
  49. File PIL seeking to know are we paying cable/satellite channels for Advertisements or content.
    • Status: Ideation/ Ground Work
  50. File PIL seeking States to repeal of all identified enactments by Law Commission of India or any Committee formed for this purpose, such as R.Ramanujam committee.
    • Status: Ideation/ Ground Work
  51. File PIL seeking direction to Central and State Governments to Cancel SC/ST certificates if converted to non-Hindu Religions.
    • Status: Ideation/ Ground Work
  52. File PIL seeking what is the mandate of Women’s Commissions both at Central and State-level (NCW says in a RTI reply, ‘Mother-in-law is not within our Mandate’).
    • Status: Ideation/ Ground Work
  53. File PIL seeking direction to eradicate and to take action against Fake Universities issuing false D.Litt Certificates.
    • Status: Ideation/ Ground Work
    • Link: https://www.thehindu.com/news/national/kerala/spend-a-few-bucks-get-a-dlitt/article27256016.ece
    • Link: https://www.edexlive.com/news/2019/jun/21/sfi-writes-to-mhrd-and-pulls-the-plug-on-fake-universities-offering-dlitt-degrees-to-vips-full-list-6709.html
    • Link: https://www.deccanchronicle.com/nation/current-affairs/310819/alappuzha-crackdown-on-fake-degree-providers.html
    • Link: https://www.dnaindia.com/india/report-concerned-about-growth-of-fake-degree-holders-in-india-students-union-sfi-urges-hrd-ministry-to-take-action-2763772
  54. File PIL seeking (until directions in Prakash Singh and other judgments are 100% complied by Police) permission/allowance of audio-video recording of complaint filing activity in a Police Station, similar to the  facility under Provisos in 161, 164, 275 CrPC and a copy of the video recorded by the complainant/victim will be shared with Police. Basically, empower the complainant instead of depending on Police. This is in compliance with 154(1) CrPC, proviso (b) and helps to go to 154(3), in case FIR is not registered in step 1.
    • Status: Ideation/ Ground Work
  55. File PIL seeking
    • Idea: Implementation of Para 29 from Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022.
    • Approach: RTI to AP Home Ministry regd Implementation of Para 29.
      29.Thus, we deem it appropriate to direct all the State Governments and the Union Territories to facilitate standing orders while taking note of the standing order issued by the Delhi Police i.e., Standing Order No. 109 of 2020, to comply with the mandate of Section 41A. We do feel that this would certainly take care of not only the unwarranted arrests, but also the clogging of bail applications before various Courts as they may not even be required for the offences up to seven years.
    • Status: Ideation/ Ground Work
  56. File PIL seeking reforms in Police Chargesheet templates/formats, incorporating Traceability Matrix method.
    • Status: Ideation/ Ground Work
    • E.g.:
      The Bank Transactions Statement issued by XYZ Bank is sufficient evidence to lay charge sheet on A1
      The medical certificate issued by the Medical examiner is sufficient evidence to lay Physical assault Charge on A2.
      The CCTV footage captured from College CCTV is sufficient evidence to lay Rape attempt charge on A3
      The Independent witness statement corroborates with Documentary evidence of A4
  57. File PIL seeking direction to police/MHA to implement provision under CrPC 160, also in accordance with the below decision given by Supreme Court.
    • Status: Ideation/ Ground Work
    • Link: Nandini Satpathy case.
  58. File a PIL seeking directions to Home Department to implement Bodycam technology for all police personnel in AP, who are into Law and Order duties.
    • Idea: https://twitter.com/iamkandula/status/1573656874989211648?t=4Yg8_VKUhQigUhsGQsNnmQ&s=03)
    • Status: Ideation/ Ground Work
  59. File a PIL seeking Uniformity in Police uniform, prohibition of usage of civil dress while of duty (which is 24×7)
    • Status: Ideation/ Ground Work
  60. File PIL seeking amendments/new act to define, regulate and empower policing activities and duties and powers of police personnel. (This is State subject, so State Governments are R1)
    • Status: Ideation/ Ground Work
  61. File PIL to establish online facility to file complaint with Police and obtain a copy of FIR automatically (https://www.thebetterindia.com/45845/e-fir-india-complaint-delhi-police-bengaluru-madhya-pradesh-tamil-nadu-karnataka-himachal-pradesh/).
    • Status: ‘Closed’
    • Tamil Nadu: https://www.tnpolice.gov.in/CCTNSNICSDC/ComplaintRegistrationPage?4
    • Himachal Pradesh: https://himachal.nic.in/en-IN/departments.html
    • Jharkhand: https://jofs.jhpolice.gov.in/
    • Delhi: https://www.delhipolice.nic.in/citizen_services.html
    • Madhya Pradesh: https://citizen.mppolice.gov.in/CitizenLogin.aspx?CtznService=8
    • Mumbai : https://mumbaipolice.gov.in/OnlineComplaints?ps_id=0
    • Haryana: https://www.haryanapoliceonline.gov.in/
    • Odisha: https://odishapolice.gov.in/?q=node/8
    • Bihar: http://biharpolice.in/OnLineRegisterComplaint.aspx
    • Kolkata : http://www.kolkatapolice.gov.in/reportcrime_new.asp
    • Update: Section 173(1) of BNSS allows for e-FIR. Section 173(2) of BNSS allows for e-FIR. Section 530 of BNSS allows for entire investigation and trial to be conducted electronically.
  62. File PIL seeking action by Police and Judiciary in implementing the Provisos in 161, 164, 275 CrPC to record the statement/confession of a complainant/victim/witness in audio-video electronic means as provided in Act 5 of 2009. (recording of witness statements in Videography in all Criminal cases. Traffic Police are already using CCTV cameras as well as Courts have started recording examination of witnesses via Video Conferencing tools. Covid-19 forces virtual courts also)
    • Status: ‘Closed’
    • Update: Section 530 of BNSS allows for entire investigation and trial to be conducted electronically.
      crpc-section-audio-video-electronic-means
  63. File PIL seeking action by Governments to combine Old age homes with Orphanages.
    • Status: Ideation/ Ground Work
  64. File PIL seeking direction to all Courts in AP to follow practice guidelines issued in State of Kerala Vs Rasheed on 30 October 2018.
    • Status: Ideation/ Ground Work
  65. File PIL seeking action by Governments to expedite proceedings on Corruption allegations, take steps to finish proceedings before tainted officer expire, also make procedure ensuring continued proceedings to recover losses from the estate of the tainted officer.
    • Status: Ideation/ Ground Work
  66. File PIL seeking investigation into Preferential Promotions to Govt Employees just before they retire from service.
    • Status: Ideation/ Ground Work
    • Info: Check email Dt: May 1, 2020, 5:35 PM; Subject: Preferential Promotions || Please look into my suspicion || Reg.
  67. File PIL seeking removal of descriptive type of answering in all professional examinations incl Law studies. Or alternatively, conduct such exams, only under the continued observation of CCTV monitoring.
    • Status: Ideation/ Ground Work
    • Data: Attach all mass copying incidents in the State.
  68. File PIL to amend all provisions of IPC as well as all laws of India, that say pay litigation fees to opposite party, since such hapless party is supposed to engage Legal Aid counsel (via National/State/District Legal Authority Services) and not become leech on other party.
    • Status: Ideation/ Ground Work
  69. File PIL seeking collection of evidence as mandatory criteria to file Charge sheet in certain case types like Matrimonial cases.
    • Status: Ideation/ Ground Work
  70. File PIL seeking removal of caste name from all the names of Indians.
    • Status: Ideation/ Ground Work
  71. File PIL seeking Phase-out of DD system in all Govt services like Railways, Banks, Universities
    • Status: Ideation/ Ground Work
  72. File PIL seeking usage of ruled-lines booklets in all Examinations in India where descriptive-type answers are expected to be written
    • Status: Ideation/ Ground Work
  73. File PIL seeking Disclosure of all items in Bank Lockers by categories like Registered Documents, Precious metals, Others after withholding the specific details such as market value (since secrecy in any transactions with government breeds corruption and fraud)
    • Status: Ideation/ Ground Work
  74. File PIL to struck down 498 IPC (since it is on similar lines to 497 IPC, that got struck down on a weird logic of gender-equality)
    • Status: Ideation/ Ground Work
  75. File PIL to Demand usage of digital transactions in all Government Depts (including Judiciary) and they must accept payments via only BHIM app/platform, since it is one of the biggest player involving money transactions with Public
    • Status: Ideation/ Ground Work
    • Update: Judiciary came up with https://pay.ecourts.gov.in/epay/
  76. File PIL to demand disclosure of all relevant information of all departments of the State Government of A.P. as prescribed under Sec 4 (Obligations of public authorities) of Right to Information Act 2005.
    • Status: Ideation/ Ground Work
  77. File PIL to demand ‘Ministry of Personnel, Public Grievances and Pensions’ to accept of RTI fees through netbanking, credit card or UPI, for all RTI applications filed under Right to Information Act 2005.
    • Status: Ideation/ Ground Work
  78. File PIL seeking action by Governments to amend existing laws so that exception/not obstante clauses do not override the rule in any Article of Constitution. E.g.: Provisions made under Article 15(3) should not violate provisions made under Article 15(1) or to the disadvantage of other classes of citizens, Section 8 provision of RTI Act should not be in derogation of provision under section 3.
    • Status: Ideation/ Ground Work
  79. File PIL questioning the real purpose of AIBE exams.
    • Status: Ideation/ Ground Work
    • Link: https://www.livelaw.in/top-stories/all-india-bar-examination-aibe-supreme-court-168515
    • Link: https://www.barandbench.com/news/litigation/aibe-rules-challenge-bci-powers-supreme-court
    • Link: https://www.indialegallive.com/constitutional-law-news/supreme-court-news/supreme-court-all-india-bar-examination-bar-council-of-india/
    • Running Case at Supreme Court`: Diary No.- 67 – 2021, PARTHSARTHI MAHESH SARAF vs. UNION OF INDIA
    • Update: here.
  80. File PIL questioning the minimum qualifying marks criteria from LL.B. to qualify for LL.M Entrance examination.
    • Status: Ideation/ Ground Work
  81. File PIL for Implementation of Compulsory Marriage Registration in India https://indiankanoon.org/doc/1037437/ (Nevertheless, the Supreme Court in the case of Seema (Smt.) v. Ashwani Kumar, [(2006) 2 SCC 578] directed the States and Central Government to notify Rules making registration of marriages compulsory. However, the same has not been implemented in full.)
    • Status: Filed, yet to be numbered by AP High Court. Petition summary along with prayers available here.
    • Update: Since PIP permission was denied, withdrew the petition.
    • Progress: here.
  82. File a PIL to Fasten court proceedings, not to entertain adjournments on vague reasons under the philosophy available u/s 309(2) CrPC
    • Status: Ideation/ Ground Work
  83. File PIL to raise fines in IPC up to minimum 10 times and impose a minimum of Rs.10,000/- for costs imposed by magistrates and judges. Compare cost of living in India during/around 1973 with the costs/fine mentioned in CrPC/IPC/Other laws and proportional increased must be implemented. Or follow Finland method. Details here, here and here. News here and here.
    • Status: Ideation/ Ground Work
  84. File PIL to raise Costs in CPC up to minimum 10/100 times.
    • Link: https://www.barandbench.com/columns/delhi-high-court-jurisdiction-cpc-costs-rs-20-lakh-juhi-chawla
  85. File PIL to make fines in all IPC offences as mandatory. Current logic is, where a crime for which imprisonment is punishment be replaced with a fine and the accused let go. The principle should be, Imprisonment or Imprisonment + Fine. Not Imprisonment or fine.
    • Status: Ideation/ Ground Work
  86. File PIL for mandatory self-protection and self-defense trainings for students of all levels of schools
    • Status: Ideation/ Ground Work
  87. File PIL to eradicate food wastage at all Hotels, Religious places, Function Halls and make laws to make it a crime to Waste food.
    • Status: Ideation/ Ground Work
  88. File PIL for mandatory proactive actions for road safety.
    • Status: Ideation/ Ground Work
  89. File PIL seeking direction to governments to implement automatic open-shut doors which operate based on token which is paid as Platform ticket.
    • Status: Ideation/ Ground Work
  90. File PIL for mandatory proactive actions for Station safety. akin to Malaysia and Singapore Underground Metro stations. Also, ensure Fencing of railway tracks in vulnerable areas (where animals generally cross the tracks and accidentally get hit by trains and get injured or die subsequently), by involving Public-Private Partnership model, which creates move employment opportunities.
    • Status: Ideation/ Ground Work
    • News: https://zeenews.india.com/india/woman-found-dead-on-delhi-metro-track-blue-line-services-disrupted-2231458.html
    • News: https://www.indiatoday.in/india/story/delhi-metro-blue-line-services-disrupted-jhandewalan-woman-suicide-1594339-2019-09-02
    • Idea: http://www.kuala-lumpur.ws/transportation/kl-mrt-sbk-line/mrt-pasar-seni.htm
    • Idea: https://www.metro-report.com/news/single-view/view/complete-klang-valley-sbk-line-opens.html
    • Idea: https://www.123rf.com/photo_117051821_kuala-lumpur-malaysia–october-25-2018–malaysia-mass-rapid-transit-mrt-train-at-bandar-utama-statio.html
    • Idea: https://www.nst.com.my/news/nation/2017/07/257459/mrt-underground-stations-not-easy-task-we-did-it
    • Idea: https://www.goodmorningparis.fr/metro-bus/metro-station-of-the-month-liege-line-13/
    • Idea: https://depositphotos.com/161425442/stock-photo-latest-mrt-mass-rapid-transit.html
    • Idea: https://www.bigkl.com/mrt/taman-suntex-mrt-station/attachment/mrt-taman-suntex-station-2017-01/
    • Idea: https://en.wikipedia.org/wiki/Bartley_MRT_station
    • Idea: https://www.123rf.com/photo_82849847_kuala-lumpur-malaysia-july-25-2017-latest-mrt-mass-rapid-transit-kajang-platform-mrt-is-the-latest-p.html
    • Idea: https://dailyhive.com/vancouver/translink-skytrain-station-platform-screen-doors-feasibility
    • Idea: https://en.wikipedia.org/wiki/KLCC_LRT_station
  91. File PIL for setting up of Men’s Commission. Status: Ideation/ Ground Work
    1. File PIL for mandatory proactive steps for Men’s health.
      • Status: Ideation/ Ground Work
    2. File PIL for mandatory proactive steps for reducing/eradicating Prevention of suicides of Men.
      • Status: Ideation/ Ground Work
  92. File PIL for mandatory proactive steps for Referendums on policies and work of government. People who voted politicians into power should have power to remove them from power too and such changes should be done to Constitution, as necessary. NOTA should be made more effective.
      • Status: Ideation/ Ground Work
    • File PIL for mandatory proactive actions for reforms in politics, right from Manifesto stage. E.g. Manifesto should mention which scheme/benefit will be enacted, in which year of their potential 5 years term. This should demonstrate their power of planning and gives clarity to people in assessing the candidates potential.
      • Status: Ideation/ Ground Work
      • Update: here.
  93. File PIL to bring uniformity in Court procedures across Same level of court, Same set of Rules and procedures. All Forms/templates to be freely available online for download, on the respective State High Court website, in both English and the local language.
    • Status: Ideation/ Ground Work
  94. File PIL seeking struck down of Section 8 – Gender of Indian Penal Code 1860 and replace all references to he, him, himself, his with person.
    • Status: Ideation/ Ground Work
  95. File PIL seeking struck down of Provisions of Advocates Act 1961 and BCI Rules against advertising their services, as violative of Art 14 as no such prohibition is made on other noble professions like Engineering and Medicine Practitioners.
    • Status: Ideation/ Ground Work
  96. File PIL seeking display of fuel price in all fuel stations in India, with a break up of Central tax and State taxes clearly mentioned on the rate cards.
    • Status: Ideation/ Ground Work
    • Input: https://www.moneylife.in/article/on-writing-a-letter-to-the-authorities-for-inspection-of-files-under-section-4-of-the-rti-act/14783.html
  97. File PIL seeking removal of all religious places situated on government/public roads affecting transportation.
    • Status: Ideation/ Ground Work
  98. File PIL seeking establishment of contractor name on all government constructions /public roads. This will ensure accountability. Public should be able to question the contractor and the government (via vicarious liability).
    • Status: Ideation/ Ground Work
  99. File PIL seeking Bar Council of Andhra Pradesh to take a call on whether enrollment process should be completely online or not.
    • Status: Ideation/ Ground Work
  100. File PIL (after representation to Executive) seeking reduction in Telephone Allowance given to all Government Servants including MPs and MLAs, when there are unlimited calls and data plans from both Govt and Private Telecom Operators that general public is using. Better still to dispense with this allowance and grant reimbursement on actuals, like rest of the workers in both private and public sector get.
    • Status: Ideation/ Ground Work
  101. File a PIL seeking strict implementation of filing Counter within 120 days in all Writ Petitions at AP HC, as per Rule 12 of Writ Proceeding Rules 1977
    • Status: Ideation/ Ground Work
  102. File a PIL seeking steps taken by Municipalities and Corporations to secure dangerous equipment, electric poles, transformers on the roads, and other public places such as Railways, Parks, Government Offices etc. Use rubber sheaths to cover electrical wires. (Japan/Osaka – Raji Reddy video)
    • Status: Ideation/ Ground Work
  103. File a PIL seeking direction to State to ban packaged drinking water.
    • Status: Ideation/ Ground Work
  104. File PIL seeking action from all Universities to allow writing exams in Telugu too in Telugu States of Andhra Pradesh and Telangana
    • Status: Ideation/ Ground Work
  105. File a PIL seeking singular pension for politicians (MLAs/MPs) who become MLA/MP after becoming MP/MLA
    • Status: Ideation/ Ground Work
  106. File a PIL seeking amendment to Representation of People Act to allow one person to contest from only one seat.
    • Inspiration: https://www.indiatvnews.com/news/india/ban-people-from-contesting-election-from-more-than-one-seat-ec-to-govt-updates-2022-06-17-785275
    • Status: Ideation/ Ground Work
  107. File a PIL seeking “an order passed which states that the newspapers and news channels need to publish necessary evidence for the news that they publish. Only hearsay news shouldn’t be published. This creates panic among the public. Be it the covid cases numbers, etc. Just for TRP, these news channels go to any extent”
    • Idea from: Suprajaa Rajan
    • Status: Ideation/ Ground Work
  108. File a PIL seeking implementation of Article 348(2) for the State of AP so that Advocates and Litigants can use Telugu, in addition to English, in proceedings in the High Court having its principal seat in that State.
    • Idea from: Sake Roja
    • Info: https://timesofindia.indiatimes.com/city/vijayawada/use-of-telugu-hc-issues-notice-to-govt/articleshow/88481030.cms
    • Info: https://www.thehindu.com/news/national/andhra-pradesh/legal-fraternity-advised-to-use-telugu-in-courts/article4492274.ece
    • Info: https://www.deccanherald.com/state/kannada-in-hc-centre-takes-shelter-under-old-mistake-762377.html
    • Status: Ideation/ Ground Work
  109. File a PIL seeking release of passports of accused persons surrendered in criminal cases at Trial Court, after 1 year of custody.
    • Info: https://www.shadesofknife.in/suresh-nanda-vs-c-b-i-on-24-january-2008/
    • Status: Ideation/ Ground Work
  110. File a PIL seeking removal of Cheques in the Financial system of India
    • Status: Ideation/ Ground Work
  111. File a PIL seeking action from Railways wrt Platform Improvements with Passenger safety as Priority to avoid such incidents.
    • Idea: https://www.hindustantimes.com/india-news/ap-student-trapped-between-train-and-platform-rescued-after-one-and-a-half-hrs-101670418188937.html
    • Status: Ideation/ Ground Work
  112. File a PIL seeking….
    • Status: Ideation/ Ground Work
  113. File a PIL seeking….
    • Status: Ideation/ Ground Work
  114. File a PIL seeking….
    • Status: Ideation/ Ground Work
  115. File a PIL seeking….
    • Status: Ideation/ Ground Work
  116. File a PIL seeking….
    • Status: Ideation/ Ground Work
  117. File a PIL seeking….
    • Status: Ideation/ Ground Work
  118. File a PIL seeking….
    • Status: Ideation/ Ground Work
  119. File a PIL seeking….
    • Status: Ideation/ Ground Work
  120. File a PIL seeking….
    • Status: Ideation/ Ground Work

 

Procedure to be followed for all above activities

Activities involved in ‘Ideation/ Ground Work‘ Stage:

  1. Gather necessary data from reliable government sources such as NCRB, Police/CCTNS/Court records via RTI or other legal means
  2. Gather motivated people and their potential contributions to our causes.
  3. Gather past work done by others till date, on the issue at hand

 Activities involved in ‘Preparing Initial Draft‘ Stage:

  1. Gather necessary document sample/forms/templates
  2. Identify large tasks that can be delegated to smaller teams (of 2 or more members, obviously; Max 3 members)
  3. Shoot formal representations (both offline and online modes) to concerned Government Authorities since it is a per-requisite before filing PILs

 Activities involved in ‘Enhancement and Enrichment‘ Stage:

  1. Get criticism from eminent legal intellectuals, to improve our attack vector

 Activities involved in ‘Closed‘ Stage:

 

 

Repositories:

  1. High Court Websites
  2. Bar Council Websites
  3. State Police Websites
  4. State Information Commission Websites
  5. State Police Academy Websites
  6. State Judicial Academy Websites
  7. Anti-sexual harassment policies
  8. (Offline and Online) Academies for Advocates
  9. Mooting resources for Law students

 

MASTER SITEMAP here.

Posted in Judicial Activism (for Public Benefit) | Tagged Article 21 - Protection of life and personal liberty Certified Copies of Docket Orders PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Sandeep Pamarati Summary Post Work-In-Progress Article | Leave a comment

Various rights covered under Article 21 (Protection of life and personal liberty) of Constitution of India

Posted on December 3, 2018 by ShadesOfKnife

Over the years and decades, Article 21 of the Constitution of India has been expanded a lot, to cover various rights of individuals with changing times and needs of society. Listed below are some.

Article 21 provides, “No person shall be deprived of his life or personal liberty except according to procedure established by law.“

A screen-capture from a training session on the Unacademy platform, lists several rights available under Article 21.

During 1950-1955

  1. A.K. Gopalan Vs The State Of Madras, Union Of India on 19 May, 1950: Detention under the doctrine of “procedure established by law” is valid detention. (Overruled)
  2. M.P. Sharma And Ors. Vs Satish Chandra, District Magistrate, Delhi on 15 March, 1954: Right to Privacy. (Overruled)

 

During 1956-1960

During 1961-1965

  1. Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962: Right to privacy. (Overruled)
  2. The State Of Uttar Pradesh vs Mohammad Naim on 15 March, 1963: https://indiankanoon.org/doc/1498181/
  3. State Of Maharashtra vs Prabhakar Pandurang & Another on 6 September, 1965: Right to Write a Book

During 1966-1970

  1. Satwant Singh Sawhney Vs Assistant Passport Officer, New Delhi on 10 April, 1967: Right to travel abroad
  2. Rustom Cavasjee Cooper vs Union Of India on 10 February, 1970: Fundamental Rights are not silos but they are inter-connected. Nationalization Case. Right to compensation. (Overruled A.K. Gopalan V State of Madras)

During 1971-1975

  1. Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973: Doctrine of Basic Structure of Constitution of India. (Overruled A.K. Gopalan V State of Madras)
  2. Govind Vs State Of Madhya Pradesh & Anr on 18 March, 1975: Right to Privacy. (Overruled)

During 1976-1980

  1. Additional District Magistrate, Jabalpur Vs S. S. Shukla Etc. Etc on 28 April, 1976: Right to Move Courts For Remedies (Overruled).
  2. Hussainara Khatoon v. Home Secretary, State of Bihar 1979: Right to Speedy Trial, Legal Aid
  3. Maneka Gandhi Vs Union Of India on 25 January, 1978: Right to have fair, just and reasonable procedure
  4. Babu Singh And Ors vs The State Of U.P on 31 January, 1978: Right to Bail
  5. Madhav Hayawadanrao Hoskot Vs State Of Maharashtra on 17 August, 1978: Right to Legal Aid, Right to Appeal
  6. Sunil Batra Etc Vs Delhi Administration And Ors. Etc on 30 August, 1978: Right against Solitary Confinement
  7. Charles Sobhraj Vs Superintendent, Tihar Jail on 31 August, 1978: Right against Bar Fetters
  8. Sunil Batra Vs Delhi Administration on 20 December, 1979: Right of Prisoner to Free Legal Aid
  9. Prem Shankar Shukla vs Delhi Administration on 29 April, 1980: Right against hand cuffing
  10. Khatri and Others Vs State of Bihar and Ors on 19 December, 1980 : right to free legal services is inalienable from Article 21

During 1981-1985

  1. Francis Coralie Mullin Vs The Administrator, Union Territory of Delhi on 13 January, 1981: Right To Live with Human Dignity, Interviewed by Advocate and family members
  2. Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981: statement made before a police officer in the course of an investigation not to be signed
  3. People’s Union For Democratic Rights & Others vs Union Of India & Others on 18 September, 1982: Right to Minimum Wages
  4. Board Of Trustees Of The Port Of … vs Dilipkumar Raghavendranath … on 17 November, 1982: https://indiankanoon.org/doc/1787020/
  5. T.V.Vatheeswaran Vs State Of Tamil Nadu on 16 February, 1983: Right against Delayed Execution; Delay in executing death sentence is inherently violative of Dignity of Life (Overruled)
  6. Sher Singh & Others vs The State Of Punjab on 24 March, 1983: Right against Delayed Execution; https://indiankanoon.org/doc/1166797/ (Overruled T.V.Vatheeswaran)
  7. Mithu Vs State Of Punjab on 7 April, 1983: Struck down of 303 IPC
  8. State Of Maharashtra Vs Chandrabhan Tale on 7 July, 1983: Sustenance allowance even after conviction pending appeal; https://indiankanoon.org/doc/1184378/
  9. Rudul Sah vs State Of Bihar And Another on 1 August, 1983: Right to receive compensation; https://indiankanoon.org/doc/810491/
  10. Deena @ Deena Dayal Etc. Etc vs Union Of India And Others on 23 September, 1983: Death by Hanging not Violative of Article 21; https://indiankanoon.org/doc/888451/
  11. Bandhua Mukti Morcha Vs Union of India and Ors on 16 Dec 1983: (Right to Dignity of Live)
  12. Rural Litigation And Entitlement … vs State Of U.P. & Ors on 12 March, 1985: https://indiankanoon.org/doc/1949293/
  13. Olga Tellis & Ors vs Bombay Municipal Corporation & … on 10 July, 1985: Right to Work; https://indiankanoon.org/doc/709776/
  14. Attorney General of India v. Lachma Devi: Right against Public Hanging; http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=005891763000

During 1986-1990

  1. M.C. Mehta And Anr vs Union Of India & Ors on 20 December, 1986: Right to have clean Environment; https://indiankanoon.org/doc/1486949/
  2. T. Damodhar Rao And Ors. vs The Special Officer, Municipal … on 20 January, 1987: https://indiankanoon.org/doc/205063/
  3. Sheela Barse Vs State Of Maharashtra on 18 September, 1987: Right of prisoners to be Interviewed/ right against custodial violence
  4. Reliance Petrochemicals Ltd vs Proprietors Of Indian Express Newspapers on 23 September, 1988: Right to know; https://indiankanoon.org/doc/1351834/
  5. Kiran Bedi & Ors vs Committee Of Inquiry & Anr on 4 January, 1989: Right to Reputation
  6. Pt. Parmanand Katara vs Union Of India & Ors on 28 August, 1989: Right to Medical Care
  7. M/S. Shantistar Builders vs Narayan Khimalal Totame And Others on 31 January, 1990: Right to Shelter.
    1. Shantistar Builders Vs Narayan Khimalal Gotame & Ors. Etc on 17 November, 1995
    2. Further elaborated in ‘Chameli Singh’ case.
  8. Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990: Right To Livelihood; https://indiankanoon.org/doc/268805/

During 1991-1995

  1. Subhash Kumar vs State Of Bihar And Ors on 9 January, 1991: Right to get Pollution Free Water and Air; https://indiankanoon.org/doc/1646284/
  2. Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991: Right to Speedy Trial, Reiterated Hussainara Khatoon in 1979
  3. Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992: Right to Education; https://indiankanoon.org/doc/40715/
  4. Unni Krishnan, J.P. And Ors. Etc. … vs State Of Andhra Pradesh And Ors. … on 4 February, 1993: Right to receive education upto the primary stage, Multiple rights https://indiankanoon.org/doc/1775396/
  5. D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993: https://indiankanoon.org/doc/427114/
  6. Joginder Kumar vs State Of U.P on 25 April, 1994: Right against Illegal Detention; https://indiankanoon.org/doc/768175/
  7. P. Rathinam/Nagbhusan Patnaik vs Union Of India And Another on 26 April, 1994: https://indiankanoon.org/doc/66070774/
  8. Delhi Domestic Working Women’s Forum Vs Union Of India And Others on 19 October, 1994: Compensation to Rape victims https://indiankanoon.org/doc/1765970/
  9. Consumer Education and Research Centre & Others Vs Union of India & Others on 27 January, 1995: Right to Health; https://indiankanoon.org/doc/1657323/
  10. M.J. Sivani And Ors vs State Of Karnataka And Ors on 17 April, 1995: https://indiankanoon.org/doc/694951/
  11. U.P. Avas Evam Vikas Parishad & Anr vs Friends Coop. Housing Society on 24 April, 1995: Right to Shelter; https://indiankanoon.org/doc/967399/
  12. L.I.C. of India v. Consumer Education and Research Centre on 10 May, 1995: Right to Social Security and Protection of Family; https://indiankanoon.org/doc/1513693/
  13. Chameli Singh vs State Of U.P on 15 December, 1995: Right to Shelter; https://indiankanoon.org/doc/18928039/ (Earlier HC Judgment: https://www.casemine.com/judgement/in/5ac5e29e4a932619d901432f)
  14. Shri Bodhisattwa Gautam vs Miss Subhra Chakraborty on 15 December, 1995: Right against Rape; https://indiankanoon.org/doc/642436/

During 1996-2000

  1. Smt. Gian Kaur vs The State Of Punjab on 21 March, 1996: Euthanasia and Right to Life; https://indiankanoon.org/doc/217501/
  2. Vellore Citizens Welfare Forum vs Union Of India & Ors on 28 August, 1996: Right to fresh air, clean water and pollution free environment; https://indiankanoon.org/doc/1934103/
  3. People’S Union Of Civil Liberties … vs Union Of India (Uoi) And Anr. on 18 December, 1996: Tapping of Telephone; https://indiankanoon.org/doc/31276692/
  4. Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996: Rights of arrested persons against torture and illegal detention; https://indiankanoon.org/doc/501198/
  5. Mrs. Pragati Varghese And Etc. vs Cyril George Varghese And Etc. on 6 May, 1997: https://indiankanoon.org/doc/1401518/
  6. Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997: Right Against Sexual Harassment at Workplace; https://indiankanoon.org/doc/1031794/
  7. Chandra Rajakumari And Anr. vs Commissioner Of Police, … on 27 October, 1997: Beauty contests can be obscene; https://indiankanoon.org/doc/1317411/
  8. Vineet Narain & Others Vs Union Of India & Another on 18 December, 1997: Right to Public Trial
  9. Mr. ‘X’ vs Hospital ‘Z’ on 21 September, 1998: Right to Marriage (Disclosure of Dreadful Diseases); https://indiankanoon.org/doc/382721/
  10. Apparel Export Promotion Council vs A.K. Chopra on 20 January, 1999: https://indiankanoon.org/doc/856194/
  11. Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999: https://indiankanoon.org/doc/888207/
  12. The Chairman, Railway Board & Ors vs Mrs. Chandrima Das & Ors on 28 January, 2000: https://indiankanoon.org/doc/113663/

During 2001-2005

  1. Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001: Right of Speedy Trial
  2. Murli S. Deora vs Union Of India And Ors on 2 November, 2001: Smoking in public place; https://indiankanoon.org/doc/1495522/
  3. PUCL v UOI on Nov 30 2001: Right to Food; https://www.escr-net.org/caselaw/2006/peoples-union-civil-liberties-v-union-india-ors-supreme-court-india-civil-original
  4. People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003: Right to know election contestant information
  5. State Of Bihar vs Lal Krishna Advani & Ors on 16 September, 2003: https://indiankanoon.org/doc/211801/
  6. In Re: Noise Pollution (Forum, Prevention of Envn. and Sound Pollution) on 18 July, 2005: Right Against Noise Pollution; https://indiankanoon.org/doc/1709298/

During 2006-2010

  1. Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors on 8 March, 2006: Right to Fair Trial; https://indiankanoon.org/doc/1067991/
  2. Lata Singh Vs State of U.P. and Another on 7 July, 2006: (Right to Marry a person of one’s choice)
  3. Husband tapping wife conversations https://indiankanoon.org/doc/1058685/
  4. Swapan Kumar Saha vs South Point Montessory High … on 19 September, 2006, Overloading of bus https://indiankanoon.org/doc/416937/
  5. State Of Maharashtra vs Public Concern For Governance … on 4 January, 2007: https://indiankanoon.org/doc/404911/
  6. Pankaj Kumar Vs State of Maharashtra and Ors on 11 Jul 2008: Right to Speedy Trial
  7. Sukhwant Singh & Ors vs State Of Punjab on 18 May, 2009: Right to Reputation; https://indiankanoon.org/doc/1737184/

During 2011-2015

  1. Amar Singh Vs Union Of India & Ors on 11 May, 2011: Trying to misuse Article 21
  2. In Re Ramlila Maidan Incident Dt. 4.06.2011 Vs UOI and Ors on 23 February 2012: Right to Sleep
  3. Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012:
  4. Manohar Lal Sharma Vs The Principle Secretary & Others on 17 December, 2013: No prior permission required to inquire a public servant.
  5. Dr.Subramanian Swamy Vs Director, CBI & Anr on 6 May, 2014: Struck down the ‘Single Directive’
  6. Justice K.S.Puttaswamy(Retd) & Anr Vs Union Of India & Ors on 11 August, 2015, 24 August, 2017 and 26 September, 2018: Right to Privacy (Aadhaar Card case)

During 2016-2020

  1. Refusal to grant bail without recording reasons : https://indiankanoon.org/doc/16902738/
  2. detained in custody by adopting totally faulty and illegal process :
  3. Subramanian Swamy Vs Union of India on 13 May, 2016: Right to Reputation
  4. Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018: Right to die with dignity; https://indiankanoon.org/doc/184449972/
  5. Shakti Vahini vs Union Of India on 27 March, 2018: Righ to choose life partner; https://indiankanoon.org/doc/92846055/
  6. Navtej Singh Johar Vs Union of India on 6 September, 2018: Right to choose sexual partner
  7. Swapnil Tripathi Vs Supreme Court of India on 26 September, 2018: Right to access to legal proceedings
  8. Reena Hazarika Vs State of Assam on 31 Oct 2018: Right to submit defence viewpoint by way of proceedings u/s 313 CrPC
  9. Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020: (Allahabad High Court: Right of protection from sound pollution; Right to sleep)
  10. Vineet Ruia Vs Govt of West Bengal & Ors: (Right to decent burial)
  11. Arun Sharma Vs State of M.P. on 02 Nov 2020: (Madhya Pradesh High Court: Parading suspects to media/public is violative of Article 21-Right to decency/Dignity/Privacy)
  12. Subhranshu Rout @ Gugul Vs State of Odisha on 23 Nov 2020: [OrissaHC: Right to be forgotten; Videos/Photos of a Rape survivor on Facebook servers]

 

During 2021-2025

  1. The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022 [PHC: Construct Retail stores with convenience facilities (toilets) on the State and National Highways in the State]
  2. Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022 [KerHC: Right to be forgotten in certain case types in Kerala]

 

Dismissed Petitions:

  1. D. Bhuvan Mohan Patnaik & Ors vs State Of Andhra Pradesh & Ors on 9 September, 1974: https://indiankanoon.org/doc/353351/ [1974 AIR 2092], [1975 SCR (2) 24]
  2. Renuka Jain Vs State (NCT of Delhi) and Ors on 06 Jan 2026 [DHC: De facto complainant does not have locus to file a petition seeking Speedy Trial]
  3. Vijay Kumar and Ors Vs State of Rajasthan on 08 Jan 2026 [SC: Revision Petition was pending disposal for 23 years at Rajasthan High Court]

 

MAIN Index is here.

Posted in Judicial Activism (for Public Benefit) | Tagged Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Summary Post Work-In-Progress Article | Leave a comment

CrPC 125 Must Go From Statute Book. And Why?

Posted on November 30, 2018 by ShadesOfKnife

Here is a little detailed analysis on why CrPC 125 Must Go From Statute Book as discussed in here.

Let’s follow this approach on looking at what the General Law provides for and in superseding fashion, how these two Special Laws provide for same or better or faster or hassle-free reliefs to the same set of beneficiaries.

By default, these being gender-biased social welfare laws, in the guise of Article 15(3) of Constitution of India, the Perpetrator/Accused/Payer is generally, a male person.

The below information is split into below sub-headings for easy reference.

  1. Comparative analysis of provisions of 125 CrPC, PWDV Act, 2005 and MWPSC Act, 2007.
  2. Decisions of Hon’ble High Courts: Both favorable and unfavorable.
  3. Conclusion
  4. Prayers for Writ Petition (PIL)

 

Comparative analysis of provisions of 125 CrPC, PWDV Act, 2005 and MWPSC Act, 2007

  • Origins:

Section 125 CrPC: Came into force via Code of Criminal Procedure, 1973 on 25th January, 1974. During the prime minister-ship of Indira Gandhi (Indian National Congress)

Ceiling of Rs.500/- was removed and interim maintenance along with expenses of proceedings was brought in on 24th September, 2001. During the prime minister-ship of Atal Bihari Vajpayee (Bharatiya Janata Party)

Vs

The PWDV Act: Came into force via Protection of Women from Domestic Violence Act, 2005 on 13th September, 2005. During the prime minister-ship of Manmohan Singh (Indian National Congress)

The MWPSC Act: Came into force via Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 29th December, 2007. During the prime minister-ship of Manmohan Singh (Indian National Congress)

All details about prime minister ships is from this site here.

 

  • Jurisdiction:

Under 125 CrPC: Per Section 126(1), Proceedings under section 125 may be taken against any person in any district-

(a) where he is, or
(b) where he or his wife, resides, or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

Vs

Under PWDV Act: Per Section 27(1), The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen,
shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.

Under MWPSC Act: Per Section 6(1), The proceedings under section 5 may be taken against Jurisdiction and procedure any children or relative in any district-
a. where he resides or last resided; or
b. where children or relative resides.

 

  • Nature of Proceedings:

Under 125 CrPC: Summary proceedings – “a civil or criminal proceeding in the nature of a trial that is conducted without formalities (as indictment, pleadings, and usually a jury) for the speedy and peremptory disposition of a matter, meant to prevent vagrancy”

Vs

Under PWDV Act: Per Section 12(4), Generally, Regular proceedings, no skipping of procedures as in Summary Proceedings. But, Per Section 28(2), Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23. This would mean, Summary proceedings may be adopted by the Trial Court Magistrate in the interest of Objective mentioned in the Objects and Reasons.

Under MWPSC Act: Per Section 8(1), Summary proceedings – “a civil or criminal proceeding in the nature of a trial that is conducted without formalities (as indictment, pleadings, and usually a jury) for the speedy and peremptory disposition of a matter”.

 

  • Beneficiaries:

Under 125 CrPC: Per Section 125(1), Wife, Children and Parents are the beneficiaries, irrespective of caste, creed, religion.

Vs

Under PWDV Act: Wife and Children are the beneficiaries, irrespective of caste, creed, religion.

Under MWPSC Act: Parents (senior citizens, meaning over 60 years or otherwise) and grand parents are the beneficiaries, irrespective of caste, creed, religion.

 

  • Rights of Beneficiaries:

Under 125 CrPC: Even divorced women are entitled for maintenance, as per Section 125(1), Explanation (b) – “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

SC judgment to hold that Divorced folks are eligible beneficiaries of 125 CrPC here even when the husband is deserted by wife. Woww But just 1 year back from this SC order, Husband-deserting advocate-wife was denied maintenance by an innocent High Court of Madhya Pradesh going by the rule book, I meant the famous, 125 CrPC.

Also Judicially separated folks are also eligible beneficiaries per this judgement here.

And the walk-in types, I meant the live-in type are also eligible for the benefits per this P&H HC judgment here. This is a hilarious case. Read it for the kicks. Livelaw link here. More fun here, here and here.

 

Vs

Under PWDV Act: Even divorced women are entitled for maintenance, as per Section 2(f). See 2014 SC judgment here which is based on a technicality. Although P&H HC holds otherwise here. Also Delhi HC here.

One more, Ajay Kumar Reddy & Ors vs State Of Chhattisgarh & Anr CRMP 387 in 2016 (19.07.17).

Under MWPSC Act: Parents can kickoff careless and negligent children from any of their property. Recent judgment from Delhi HC here.

 

  • Initiating the proceedings:

Under 125 CrPC: File a MC case directly in Court.

Vs

Under PWDV Act: Per Section 4(1), Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer. Per Section 5, a complaint can be given to Protection Officer, police officer, Service Provider (Any NGO) or Magistrate dealing with DV Cases.

Under MWPSC Act: Per Section 5(1), An application for maintenance under section 4, may be made-
(a) by a senior citizen or a parent, as the case may be; or
(b) if he is incapable, by any other person or organization authorized by him; or
(c) the Tribunal may take cognizance suo motu.

 

  • Legal Contention (reason for filing the case):

Under 125 CrPC: Per Section 125(1), Wife, Children and Parents are subjected to willful neglect (=This is Domestic Violence in general and economic abuse, in particular) and those who are unable to maintain themselves.

Vs

Under PWDV Act: Per Section 3, Wife and Children are subjected to Domestic Violence (includes Physical, Sexual, Verbal & Emotional and Economic Abuse).

Under MWPSC Act: Per Section 4(1), Parents (and grand parents) are the unable to maintain themselves from their own earnings or out of the property owned by them.

 

  • Defendants/Respondents:

Under 125 CrPC: Per Section 125(1), A person who may have a wife, Children and Parents are the Defendants/Respondents.

PIL Point: Per Sec 8 of IPC, an inference can be made that a parent can seek maintenance from their daughter and a child from their mother. Landmark judgment from Hon’ble Supreme Court available here.

Vs

Under PWDV Act: Per Section 2(a) “any woman who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act“.

E.g.: A Mother-in-law can also file Domestic Violence Case on a Daughter-in-law and claim appropriate benefits.

Under MWPSC Act: Per Section 4(1), “The proceedings can be taken against any children (including son, daughter, grand-son and grand-daughter) or relative (any legal heir of childless senior citizen)“.

 

  • Benefits/Reliefs:

Under 125 CrPC: Per Section 125(1)(d), Maintenance in cash.

Vs

Under PWDV Act: Per Sections 17, 18, 19, 20, 21 and 22, Right to reside in a shared household, Protection from further domestic violence, Residence, Maintenance, Custody of kids and Compensation Orders.

Under MWPSC Act: Per Section 2(b), Monthly maintenance in cash to cater to provisions for food, clothing, residence and medical attendance and treatment.

 

  • Limitations on Reliefs (Maintenance amount):

Under 125 CrPC: No statutory limit imposed on the amount of maintenance granted, if granted.

Vs

Under PWDV Act: No statutory limit imposed on the amount of maintenance granted, if granted.

Under MWPSC Act: Per Section 9(2), Maximum monthly maintenance of Rs.10,000/- in cash. Can only claim maintenance under either this Act or under 125 CrPC, not under both. Read Section 12 of the Act.

 

  • Statutory Limitation on Time for Case Disposal:

Under 125 CrPC: No statutory limit imposed on the time taken to dispose of the case, even though it is a summary proceeding.

Vs

Under PWDV Act: Per Section 12(5), Statutory limit imposed on time taken to dispose of the case, which is 60 days.

Under MWPSC Act: Per Section 5(4), Statutory limit imposed on time taken to dispose of the case, which is 90 days.

 

  • Statutory Time for recovery:

Under 125 CrPC: Per Section 125(3), If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’ s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due.

Vs

Under PWDV Act: None prescribed.

Under MWPSC Act: Per Section (5)8, If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of month’s allowance for the maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a team which may extend to one month or until payment if sooner made whichever is earlier: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within period of three months from the date on which it become due.

 

  • Exceptions/Alterations/Cancellations:

Under 125 CrPC:

  1. Per Section 125(4), No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
  2. Per Section 125(5), On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Also read Section 127 of CrPC.

Vs

Under PWDV Act:  Per Section 25(2), If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.

Under MWPSC Act: Per Section 10(1), On proof of misrepresentation or mistake of fact or a change in the circumstances of any person, receiving a monthly allowance under section 9, for the maintenance or ordered under that section to pay a monthly allowance for the maintenance, the Tribunal may make such alteration, as it thinks fit, in the allowance for the maintenance.

 

  • Appeal provisions on the Order of maintenance or dismissal thereof:

Under 125 CrPC: Per Section 125(5), On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Vs

Under PWDV Act: Per Section 29, Appeal.-There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Under MWPSC Act: Per Section 16(1), Any senior citizen or a parent, as the case may be, aggrieved by an order of a
Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal
Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

 

  • Impact of amendments made to provisions:

Under 125 CrPC: Ceiling of Rs.500/- was removed in Amendment to CrPC in 2001. Most possibly, this being one significant reason, the volume of 125 CrPC case may have risen.

Vs

Under PWDV Act: No Amendment till date.

Under MWPSC Act: No Amendment till date.

 

  • Conflicts with other Laws allowing Double Jeopardy to happen:

Under 125 CrPC: Since it is a general law, superseded by PWDV Act and MWPSC Act, this set of sections 125-128 should be struck down and provisions allowing for dual reliefs in special laws should be altered appropriately.

Vs

Under PWDV Act:

Per Section 26,

(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act.
(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.

Per Section 36, Act not in derogation of any other law.-The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force.

Under MWPSC Act: Per Section 3, The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.

 

  • Imposition of Costs:

Under 125 CrPC: Per Section 126(3), The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

Vs

Under PWDV Act: Per Section 28(2), Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.

Under MWPSC Act: None prescribed.

 

  • Availability of Interim Reliefs

Under 125 CrPC: Even though, no where in Sections 125-128 CrPC, a provision for Interim maintenance is mandated, Various Courts held that Interim orders are maintainable.

Vs

Under PWDV Act: Per Section 23(1), In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

Under MWPSC Act: Per Section 5(2), The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent is to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

 

  • Statutory effective date of maintenance order:

Under 125 CrPC: Per Section 125(2), Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

Vs

Under PWDV Act: No such effective date of maintenance prescribed.

Under MWPSC Act: Per Section 7, Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.

 

  • Strict proof of Prima Facie evidence before obtaining Interim Reliefs

Under 125 CrPC: No strict proof required as it is a Summary proceeding in nature. Bombay High Court ruling here and new article here, Supreme Court held the same in these two judgments: Landmark Judgment of 2010 here and a recent judgment from 2018 here.

Vs

Under PWDV Act: Per Section 23(1), In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

Under MWPSC Act: None Prescribed.

 

  • Obtaining Ex Parte Orders

Under 125 CrPC: Per Section 126(2), Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms at to payment of costs to the opposite party as the Magistrate may think just and proper.

Vs

Under PWDV Act: Per Section 23(2), If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

Under MWPSC Act: Per Section 6(4), Provided that if the Tribunal is satisfied that the children or relative against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Tribunal, the Tribunal may proceed to hear and determine the case ex parte.

 

  • Efforts to be taken to get maintenance orders executed, upon failure of payment

Under 125 CrPC: Per Section 128, A copy of the order of maintenance shall be given without payment to the person in whose favour it is made, or to his guardian, if any or to the person to whom the allowance is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non- payment of the allowance due.

Vs

Under PWDV Act: Per Section 9(h),Duties and functions of Protection Officers.-(1) It shall be the duty of the Protection Officer-. to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);

Per Section 20(1)(d), Monetary reliefs: (1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

Per Section 20(6), Monetary reliefs: Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Under MWPSC Act: Per Section 11(2), A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

 

  • Provision for penal punishment on failure to pay maintenance

Under 125 CrPC: Per Section 125(3), If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’ s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’ s refusal to live with him.

Per Section 421: Warrant for levy of fine

(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357.

 

Some landmark judgments by Hon’ble High Courts of Patna and Bombay

  • Laljee Yadav Vs The State Of Bihar on 16 September, 2011
  • Sachin Vs Sau. Sushma on 6 May, 2014

Vs

Under PWDV Act: Per Section 9(1)(h), Duties and functions of Protection Officers.-(1) It shall be the duty of the Protection Officer-. to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);

Under MWPSC Act: Per Section (5)8, If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of month’s allowance for the maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a team which may extend to one month or until payment if sooner made whichever is earlier: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within period of three months from the date on which it become due.

 

  • Relief available when all available remedies are exhaused:

Under 125 CrPC: Statutory limit imposed on time taken to dispose of the case, which is 60 days. Read 2001 Amendment to CrPC here.

Vs

Under PWDV Act: Per Section 12(5), Statutory limit imposed on time taken to dispose of the case, which is 60 days.

Under MWPSC Act: Per Section 16(6), appeal to be disposed off in 1 month from date of receiving appeal.

 

  • Objects and Reasons

Under 125 CrPC: None.

Vs

Under PWDV Act: Presently, where a woman is subjected to cruelty by her husband or his relatives, it is an offence under Section 498A of the Indian Penal Code. The civil law does not, however, address this phenomenon in its entirety. It is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the Constitution to provide for a remedy under the civil law which is intended to protect woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. The Act seeks to achieve the said object.

Under MWPSC Act: Though the parents can claim maintenance under the Code of Criminal Procedure, 1973, the procedure is time-consuming as well as expensive. Hence, there is a need to have simple, inexpensive and speedy provisions to claim maintenance for parents.

 

Decisions of Hon’ble High Courts: Both favorable and unfavorable

Hon’ble High Courts of various States have held favorably that…

Madras High Court:

In a recent judgment, Hon’ble Shri M.S.Ramesh of Madras High Court has reiterated that “The petitioner herein having chosen to invoke the provisions of the Domestic Violence Act seeking for monetary relief under Section 20(3), cannot subsequently invoke Section 125 Cr.P.C., for maintenance on the same set of facts and cause of action in view of my reasonings given above.” The sequence of cases are first DV case and then 125 CrPC on exact same allegations on past and Hon’ble Judge showed the door to the false complainant. The judgment is available here.

Another wonderful judgment here from same Hon’ble Madras High Court from Justice Shri S.Nagamuthu was the landmark judgment referred in above 2018 judgment. In this case, the sequence of cases are first 125 CrPC and then DV case on exact same allegations on past and Hon’ble Judge showed the door to the false complainant.

Bombay High Court:

Based on above landmark judgment, Hon’ble Bombay High Court also issued a very good order here recently in 2018.

Another judgment from 2018 here, talks about adjusting the maintenance amount in 125 CrPC with that of granted in DVC.

The Recent April 25, 2019 judgment here clearly says, “Once Divorce Is Granted, Relief Can’t Be Sought Under Domestic Violence Act” which in absolutely certain terms says, that divorced women cannot invoke DV proceedings and the domestic relationship ceases to exists post divorce and hence, as a corollary, remedy available for such divorced women for maintenance is ONLY under 125 CrPC.

Gujarat High Court: Even Gujarat High Court, in 2015, talks about adjustment between multiple maintenance orders, if granted. Read it here.

Delhi High Court:

Shri Justice Shiv Narayan Dhingra, has delivered these judgments in 2010,

  1. https://www.shadesofknife.in/harbans-lal-malik-vs-payal-malik-on-29-july-2010/
  2. https://www.shadesofknife.in/renu-mittal-vs-anil-mittal-and-others-on-27-september-2010/
  3. https://www.shadesofknife.in/rachna-kathuria-vs-ramesh-kathuria-on-30-august-2010/
    1. https://indiankanoon.org/doc/113760308/

 

Some vexed up Brave hearts have fought back against unfavorable Judgments

  1. https://www.livelaw.in/husband-follow-maintenance-orders-crpc-domestic-violence-act-sc-issues-notice-read-order/
    1. https://www.livelaw.in/order-maintenance-awarded-domestic-violence-act-cannot-substituted-maintenance-s-125-crpc-read-judgment/
  2. If Wife sits idle, after resigning from work without reason, just before filing false maintenance complaint, it is fine. But husband if seeks maintenance (of course under S 24 of HMAct) from working wife (only after he is able to prove any incapability or handicap), the Court observed that in absence of such circumstances as enumerated above, endowing maintenance on the husband would only promote idleness.
    1. https://indiankanoon.org/doc/177540678/
  3. Woman tried to ascribe domestic relationship to already married man: https://www.shadesofknife.in/gautam-jairam-gawai-vs-ragini-gautam-gawai-anr-on-20-january-2017/
  4. Both proceedings of maintenance under 125 CrPC and PWDV Act are maintainable:
    1. https://www.shadesofknife.in/poonam-vs-v-p-sharma-on-25-february-2014/
    2. https://www.shadesofknife.in/ramu-singh-tomar-ano-v-smt-bhuri-bai-on-15-february-2017/
    3. https://www.shadesofknife.in/tanushree-ors-vs-a-s-moorthy-on-7-february-2018/

 

The below are the victims who were saddled with maintenance under more than one laws.

  1. https://indiankanoon.org/doc/127433736/
    1. Sec 125 CrPC allowed by order on 23.01.2017
    2. Sec 23 of PWDV Act application dismissed by order on 06.04.2018

 

Conclusion

These judgments seem to be hinting at, for first-ever offence of husband of Domestic Violence (without a doubt, neglect and non-maintenance under 125 CrPC, is a violence under PWDV Act too), the ladies (married and later statuses) of India can choose 125 CrPC as their go-to law to extort monies from the husband, they don’t want to live with and for every new and subsequent act of domestic violence, it is the application under PWDV Act that they should file, for speedy disposal/dole outs, allegedly under 60 days per section 12(5) of PWDV Act.

Truly, Ingenious way of making and implementing beneficial laws in my motherland, India.

 

Prayers for the Writ petition (PIL)

In addition to 125 CrPC (along with 126, 127 & 128 CrPC), the sections 20(1)(d) and 36 of PWDV Act are to be stuck down, as they are the ones supporting/enabling/causing Double Jeopardy to happen via PWDV Act, in colluded collaboration with 125 CrPC.

It is not rocket science to understand why the legislators on that time in 2005 did what they did. The PWDV Act, when brought in, was catering to only 2 of the beneficiaries of 125 CrPC, namely Wife and Children. Obviously, no one can foresee that in 2007, MWPSC Act will be brought in. As such, Parents are still to depend on 125 CrPC for their maintenance as on 2005.

But when the MWPSC Act was brought in 2007, the above shortcoming was fulfilled and all beneficiaries of 125 CrPC (Various stautses of Wife, Parents and Children) were gainfully and sufficiently covered under the both laws PWDV Act + MWPSC Act, put together.

Thereby, making 125 CrPC a vestige that has to be hacked off from the CrPC Statute book. Once 125 CrPC and its related sections are stuck down as infructuous, there would be no confusion among the masses as well as the judicial officers on order from which law should be followed or both to be followed etcetera.

More references:

  1. https://tilakmarg.com/opinion/what-happens-to-pending-corruption-cases-under-section-131d-of-pc-act-after-its-repeal-in-2018-amendment/
  2. https://www.google.com/search?client=firefox-b-ab&q=intelligible+differntia
  3. https://mynation.net/docs/judgments/
  4. http://vaastav.org/judgements/divorce/
  5. https://www.google.com/search?client=firefox-b-ab&q=forum+shopping

Thoroughly detailed post is available here, which includes corrections and additions to above points, that will feed into the Public Interest Litigation (Writ Petition at High Court of Andhra Pradesh), that I am going to file, at appropriate time in 2019.

The prayers section of the PIL is available here.

 

Posted in Judicial Activism (for Public Benefit) | Tagged CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Procedure CrPC 127 - Alteration in allowance CrPC 128 - Enforcement of Order of Maintenance Maintenance and Welfare of Parents and Senior Citizens Act 2007 PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Protection of Women from Domestic Violence Act 2005 | 2 Comments

CrPC 125 Must Go From Statute Book

Posted on November 11, 2018 by ShadesOfKnife

I firmly believe that CrPC 125 should be struck down or repealed from Statute Book. I present my points, briefly, to conclude CrPC 125 is a vestige from the past and it should go out.

Introduction

There are a set of 4 sections in Criminal Procedure Code of India (hereinafter, CrPC) that mandate that ‘wives, children and parents should be maintained’. I list the said sections from CrPC below.

  1. CrPC 125 – Order for Maintenance of Wives, Children and Parents
  2. CrPC 126 – Procedure for CrPC 125 Case
  3. CrPC 127 – Alteration in Allowance
  4. CrPC 128 – Enforcement of Order of Maintenance

The key emphasis I want to bring to the fore from these 4 sections, being that the ‘beneficiary’ of these sections are to be ‘unable to maintain themselves‘. Now the common sense (which is uncommon to find these days with people) questions ‘why would a lawfully wedded wife or legally caring and loving parents or the twinkle-in-my-eyes children who are residing in a shelter and have something to eat and wear, suddenly become “unable to maintain themselves”??? WHY??? Because the man “having sufficient means neglects or refuses to maintain”. Cool.

 

Point Of Contention

What does that mean from the eyes of law, he has caused domestic violence to the said beneficiaries, as defined in the DV Act (where the lovely ladies and their kiddos are the beneficiaries).

It means he has neglected to care for his elderly parents, as defined in Senior Citizens Act where the beneficiaries are parents of age less than 60 and senior citizens)

It is hopelessly assumed by the law, that women cannot cause this very same act of negligence towards her husband, her parents and her kids. Not sure where is the basis for this twisted mindset coming from, when they can strike down

  • SC Strikes Down 157 Year Old Law Criminalizing Consensual Homo-Sexual Acts Between Adults; Holds Section 377 IPC Unconstitutional To That Extent (Read report here).
  • Husband Is Not The Master Of Wife, SC Strikes Down 158 Year Old Adultery Law Under Section 497 IPC (Read Report here)
  • Entry of Women of menstruating age into Lord Ayyappa temple at Sabarimala (What Applies To Man Applies To Woman As Well, Says CJI Dipak Misra here)
  • Right To Choose Life Partner Is A Fundamental Right, Consent Of Family, Community, Clan Not Necessary For Marriage Between Two Adults (Read report here)

Conclusion

Now, hitting the ball out of park, I state,

  1. We have Protection of Women from Domestic Violence Act here and rules thereof here, to cater to the needs of neglected women and kids.
  2. We have Maintenance and Welfare of Parents and Senior Citizens Act here and a report from standing committee here which was basis for this Act to cater to the needs of elderly parents.

When we have two Special Laws to cater to the well being and care of wifes, kids and parents how can a provision of central act which by the way is a General law sustain? It is settled principle of law, that Special Laws always supersede General Law.

I have not even gone into applicability of Article 15(3) of Constitution of India, in case on 125 CrPC and the blabber of beneficial act yada, yada, yada. Not touched the equal treated and subjection to laws to be given across genders with equity.

How can two civil remedies be provided for same single offence? Is this not double-jeopardy?

Is it not correct to repeal CrPC Section 125, 126, 127 and 128 on this basis?

A more detailed comparative analysis made available here. Do share your views.

 

Posted in Judicial Activism (for Public Benefit) | Tagged CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Procedure CrPC 127 - Alteration in allowance CrPC 128 - Enforcement of Order of Maintenance Maintenance and Welfare of Parents and Senior Citizens Act 2007 Protection of Women from Domestic Violence Act 2005 | Leave a comment

Subramanian Swamy Vs Union of India on 13 May 2016

Posted on October 2, 2018 by ShadesOfKnife

In this landmark judgment from Hon’ble Supreme Court, it has uphold the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure.

Subramanian Swamy Vs Union of India on 13 May, 2016

Citations: [2016 SCC 7 221], [2016 SCC ONLINE SC 550], [2016 AIR SC 2728]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/581180e72713e179479dd9f3

The Index for Defamation Judgments is here.

Posted in Judicial Activism (for Public Benefit) | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Article 32 - Remedies for enforcement of rights conferred by this Part Constitutional Validity CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Reputation Sandeep Pamarati Subramanian Swamy Vs Union of India | Leave a comment

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Japanese woman says she doesn’t want Pakistani immigrants in Japan because they are inbred, have low IQs, and are disproportionately more likely to be rapists.

“Look what they did in the UK.”

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Her name is Pranjal Patil.

She was a small child in Maharashtra when her eyesight began to fail.

By the age of about six, after a condition that detached the retinas in both her eyes, she had lost her vision completely.

Surgeries were attempted.

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This is some crazy data for the people living in France.

Indian Govt built more pacca house for the poor in 12 years than the total number of homes in France. 🔥

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China is Henry Kissinger’s project, more precisely, a Deep State project.

In the late 1970s, Western elites were actively searching for a destination where they could manufacture goods with zero constraints. No labor laws, no environmental regulations, no human rights

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