Section 498A I.P.C.- Its Use

MORE FORCED PATRIOTISM IN CINEMA HALLS

At a time when fundamentalists are shoving patriotism down people’s throats, which is no less than anarchy camouflaged as nationalism, the Supreme Court has reined in a part of it by stating that there is no need to stand up at cinemas while playing the National Anthem. In the Court’s own terms, an Indian need not “wear his patriotism on his sleeve". The Court criticized in severe terms the moral policing being unleashed in the society, expressing concern over the situation stating that one day this could come to “people should not wear t-shirts and shorts to movies because it will amount to disrespect to the National Anthem”. The Court’s liberal stand is laudable in the context of branding anyone with a difference of opinion as “anti-national” and requiring them to “go to Pakistan”.

The Supreme Court had held in November 2016 that national Anthem must be played in all cinema halls prior to the show, which was now challenged before the Court in a petition filed by Kodungalloor Film Society in Kerala. The Govt. supported the Order stating that it promotes unity among the people of diverse cultures, citing that it would encourage the audience to feel they are “all Indians”.

The liberal stand was adopted vehemently by J. Chandrachud, who countered every aspect of the Govt.’s pleas that suggested that the Court enforce force patriotism in the garb of Art.51-A (a) of the Constitution, requiring citizens to respect the National Flag and the National Anthem. The Court stated that it is for the Govt. which also had the power, to take the call to enforce such duties, and not that of the Court. J. Chandrachud referred to the Flag Code and observed that there was no mandate requiring people to stand up at the National Anthem being sung at a cinema hall.

The Govt. finally decided to take the call and the Court left it to the Govt.’s discretion to bring out a Notification stating whether or not it is mandatory to play the National Anthem at cinema halls. The case was heard by Hon’ble CJ Dipak Misra, J. Chandrachud and J. Khanwilkar, and has been posted for next hearing in January 2018.

Such a decision comes as a bold reinstatement of the Constitutional provisions that profess freedom of the citizens rather than a forced sense of patriotism, which is today widely used to promote political agenda of bringing out communal divisions, while making it look like the opinionated citizen is betraying the Country. 

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IF YOU COULD LEGALLY CHOOSE TO DIE

If not all of us remember Aruna Shanbaug’s case, a fair proportion would certainly recall the Hrithik-Aishwarya starrer Bollywood movie Guzarish that spoke of the same issue in a backdrop of romance – the right of a terminally ill person to choose a dignified death. Public opinion has always been divided on the topic, and nothing with any semblance of a consensus could be reached despite continuous debates and discussions. A fair portion of the population accepts and supports a person’s right to choose to die, while another part of the majority speaks against it for reasons of religion, chances of abuse, morality and ethics. The matter came up before the Supreme Court in the case of Aruna Shanbaug in 2011, wherein the Court laid down detailed guidelines on passive euthanasia, while accepting to some extent that in some scenarios death is more dignified than an artificially prolonged life.

While the idea of active euthanasia seems too far a prospect for the Indian social scenario, the Supreme Court has recently indicated that it might recognize the execution of 'living will' in cases of passive euthanasia, as right to die peacefully is part of fundamental right to life under Article 21 of the Constitution. The matter came up in the case of a petition submitted by a terminally ill patient before the Court, and the verdict has been reserved by a five-judge Bench comprising of J. Dipak Mishra, which will play a major role in redefining the bounds of Right to Life. The verdict would have ripples of effect on social and legal angles, with a large majority of terminally ill people being given a chance at ending the pain; while the scope of right to life would be broadened further to include the Right to Die. The IPC still considers it an offence to attempt to commit suicide, but the recognition of living will to opt for passive euthanasia will afford some power to people to decide on their life or death. The risk of potential misuse of living will still persists especially in the case of mentally unstable persons and elderly people, who may be falsely induced into writing one, by unscrupulous kin who are to benefit from the death of the concerned person. A living will is a written document that allows a patient to give explicit instructions in advance about the medical treatment to be administered when he or she is terminally ill or no longer able to express informed consent. In effect, it allows a person to state that he must not be put on life-support or medication if he is found terminally ill or in comatose stage, thus speeding up the natural course of death without actively administering any lethal drug.

The Govt. which contested the matter took a stand against the acceptance of living will, expressing their concern on potential abuse of the provision, but the Court stated that “Right to Life does not mean right to die but a dignified life would certainly include right to die with dignity”. The Court would certainly not compromise on ensuring that all safeguards are in place to prevent possible abuse, even if the concept of living will is accepted in the verdict. The requirement under the previously set Guidelines regarding the declaration of a Medical Board in respect to irreversible comatose state of the person will be kept as a pre-requisite before the living will comes into consideration.

The Court’s verdict will undoubtedly have long-reaching effects, and it is expected to be in consonance with the landmark privacy decision that was pronounced by the Court recently, declaring privacy as a fundamental right. It is pertinent to note that the decision to choose dignified death over a prolonged life of pain and suffering could also be brought under the ambit of privacy. 

RAPE OF MINOR WIFE NO MORE CONDONED

The Supreme Court has finally decided that rape of a minor cannot be condoned for the mere reason that the girl was married to the man who had intercourse with her. As bizarre as the act sounds, it was so far exempted under the IPC S.375 Exception 2, and the liberty that was afforded to husbands of minor girls to have forcible sex under the pretext of marital intercourse is no more valid. This While marital rape itself is not “rape” under Indian law, and while child marriages are illegal; the impugned provision of the IPC granted liberty to the husband of a married minor girl to force her into intercourse irrespective of her consent, and still not be booked under ‘rape’. This anomaly created a grey area in the law of rape with respect to varying contexts and circumstances – consensual sexual intercourse with a minor is “rape” under the law; and child marriage is a punishable offence; but marital rape itself is not Rape; and if a man is married to minor girl, his forcible intercourse with her is exempted from being ‘rape’ just for this reason. This unfair and unjust provision was struck down by the Court in a landmark decision yesterday, wherein the Exception 2 to S.375 was taken down so that marriage to a minor does not give a silent consent to men to force their minor wives into intercourse. The Exception that now stands removed had caused anomaly in the question of forced sex by husband with married girls between 15-18 years, since the lower limit stated in the Exception was 15years of age, while the age of minority in S.375 itself is 18. The POCSO Act, on the other hand, does not differentiate victims on the arbitrary basis of marriage. The Court’s verdict ended the decades-old disparity between Exception 2 to Section 375 IPC and other child protection laws.

The decision was delivered by Bench of Justices Madan B. Lokur and Deepak Gupta, who stated that “a child remains a child whether she is a married child or an unmarried child or a divorced child or a separated or widowed child.” The move is laudable as it goes a long way to ensure protection of children, minimizing exploitation, and would have a great effect on curbing child marriages as well. The Court also stated that the provision “created an unnecessary and artificial distinction between a married girl child and an unmarried girl child” and “took away the right of a girl child to bodily integrity and reproductive choice”.

One major question that is still left unanswered is the issue of marital rape, as the Court refused to comment on the matter of forced sexual intercourse by husbands with wives above 18 years. 

Indian Kanoon in Bangalore

Get expert legal advice and guidance on Indian Kanoon Bangalore related to Divorce Law, Property Law, Criminal Law, Consumer Court, Muslim Law and Labor Law in India. Awareness of law is the key to securing justice and ensuring that none of your rights have been infringed. To claim what is yours, you primarily need to know what is rightfully yours. Boost up your legal quotient by reading informative articles and news only at Legal Resolved.

The spread of the Internet, considered independent from anyone else, isn't an essential purpose behind the present hunger for law in India, in my view. People here in India are nor much aware about Law so they need to have knowledge regarding Law, so Indian Kanoon Bangalore helps you get the best advice. Membership based legitimate Websites have been around for some time in India, but since the emergence of Indian Kanoon Bangalore, the compensation dividers that they raised, none of them has possessed the capacity to produce a solid client base.

v  Key Description:

·         While the open idea of the Internet made it simple to go up against these suppliers, the accessibility of lawful data complimentary — not the only accessibility of the Internet — has expelled immense obstructions, both to new companies, and Indian Kanoon Bangalore to access by the general population.

·         The second significant purpose behind this hunger for legitimate data — and for the movement development to Indian Kanoon Bangalore— lies in mechanical progression.

·         Government sites and even private legitimate data suppliers in India are, by and large, innovatively lacking.

·         To give access to law archives, Indian Kanoon Bangalore ordinarily have offered interfaces that are insignificant copies of the library world.

·         For instance, our Supreme Court site permits looking for judgments by a solicitor, respondent, case number, and so on.

·         While attorneys are regularly usual to utilizing these interfaces, and obviously comprehend these specialized lawful terms ,Indian Kanoon Bangalore requiring earlier learning of this sort of specialized lawful data as an essential for playing out a hunt raises a major obstruction to access by average citizens.

·         Further, the free-content web crawlers given by Indian kanoon Bangalore have no idea of significance.

·          So while the innovation world has essentially progressed in the zones of content pursuit and significance, government-based — and, to some degree, private, expense based — legitimate assets in India have stayed attached to stone-age innovation.

·         Enabling clients to attempt and test any pursuit terms that they have as a main priority, and giving a pertinent arrangement of connections because of their questions, fundamentally lessens the requirement for clients at Indian Kanoon Bangalore to comprehend specialized lawful data as an essential for perusing and appreciating the tradition that must be adhered to.

·         In this way, general, I think progresses in innovation, some of which have been presented by Indian Kanoon Bangalore, are in charge of cultivating a want to peruse the law, and for managing more individuals’ access to the lawful assets of India.

v  Statutory Law References

·         Hindu Marriage Act

·         Contract Act

·         Muslim Law

·         Constitution

·         Negotiable Instrument Act

·         Company Laws

v  Landmark Judgments

·         Gian Singh vs State of Punjab & Anr on 24 September, 2012, Supreme Court of India.

·         Santosh Devi vs National Insurance Co.Ltd. & Ors on 23 April, 2012, Supreme Court of India.

·         State Of Punjab vs Dalbir Singh on 1 February, 2012, Supreme Court of India.

·         M/S Topman Exports vs Commr Of Income Tax,Mumbai on 8 February, 2012, Supreme Court of India.

v  Important Do(s) and Don’t(s)

·         User Friendly.

·         Easy to access.

·         No extra Cost.

·         Provides all necessary information.

Cheque Bounce Lawyers in Bangalore and Recovery of Cheques Bounced

In the event that you have a Cheque issued by an indebted person that has bounced or has been disrespected, or somebody has issued a cheque bounce case against you, or you have gotten court summons for a 138 NI (Negotiable Instruments Act) objection against you, utilize Legal resolved to locate the first-class cheque bounce legal counselor in Bangalore for your requirements.

The Indian Courts are smashed with cheque Bounce cases archived under Section 138 of the Negotiable Instruments Act, 1881. Regardless, an extensive number of such cases are recorded on false grounds to coerce money from someone, or out of individual sentiments of contempt to rebuke some person's photo.

Legal Resolved gives you a chance to enlist a specialist Lawyer to help Individuals who are reproved incorrectly in a cheque bounce case, extremely, end up paying money as they don't have the pertinent learning of the honest to goodness course to take if a false cheque bounce collection of confirmation is archived against them. This is the thing that you can do if a false cheque bounce assortment of confirmation is recorded against you:

A cheque is said to be bounced when it is displayed for the installment to a bank however it isn't paid as a result of some reason or the other. The accompanying can be the explanations behind bouncing of a cheque in India:

·         Mark isn't coordinating.

·         There is overwriting in the cheque.

·         Cheque was displayed after a slip by of three months, i.e. after the check has lapsed.

·         Record was shut.

·         Lacking assets in the record.

·         Installment halted by the record holder.

·         Opening dissimilarity deficient.

·         Difference in the words and figures said on the cheque.

·         In the event that the check is issued by an organization, the same does not hold up under the seal of the organization.

·         Confound in the account number.

·         In the event of shared service where the two marks are required, just a single sign is there.

·         Passing of the client.

·         Indebtedness of the client.

·         Madness of the client.

·         On the request of the garnishee.

·         Crossed check.

·         At the point when a check is issued against the tenets of trust.

·         Adjustment under tight restraints.

·         Uncertainty in the validity of the cheque.

·         Displayed at the wrong branch.

·         Intersection point of confinement of overdraft (OD)

v  For broad interest will require :

1.  The enrollment papers of the prescribed gathering with each of the commitments and liabilities of people.

2.  Follow up on which depends on your grievances and issues you defied a while later.

3.  Individual components of the people including the individual who is missing.

4.  Cheque refined components.

v  Statutory Law References

•   Section 138 of Negotiable Instruments Act, 1881

•   Section 141 of the Negotiable Instrument Act,1881

•   81 A to the Negotiable Instruments Act, 1881

•   Indian Contract Act, Sec 17

•   Foreign Exchange Management Act, 1999 (FEMA)

•   Section 30 of the Indian Contract Act

v  Landmark Judgments

·         Dashrath Roopsingh Rathod v. Stae of Maharashtra & Anr.

·         K. Bhaskaran v. Sankaran Vidhya Balan, (1999) 7 SCC 510

·         Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd., (2001) 3 SCC 609

·         Harman Electronics Pvt.Ltd. v. National Panasonic India Pvt. Ltd.

v  Important Do(s) and Don’t(s)

·         A delay in documenting the grievance after the slip by of 30 days might be pardoned by the

officer just in remarkable conditions.

·         Shame of a cheque because of stop installment is additionally secured under Section 138 of the NI Act.

·         A cheque issued as a blessing/gift/some other commitment, won't be secured under Section 138 of the Act. For this area to apply, the cheque needs to convey a legitimate commitment.

·         A cheque lapses following three months.