Bar & Bench () · the matrimonial homes from destruction. ... x The ultimate object of every legal...

NOTINGS

ROSCOE POUND: ‗The teacher of law should be a student of

Sociology, Economics and Political Science as well. He should know not

only what the courts decide and the legal principles by which…

Rajesh Sharma vs. State of U.P.

Whether any directions are called for to prevent the misuse of Section

498-A, as acknowledged in certain studies and decisions?

Need to check the tendency to rope in all family members to settle a

matrimonial dispute.

Omnibus allegations against all relatives of the husband can‘t be taken

at face value when in normal course it may only be the husband or at

best his parents who may be accused of demanding dowry or causing

cruelty.

To check the abuse of over implications, clear supporting material is

needed to proceed against other relatives of a husband.

There is growing tendency to abuse the said provision to rope in all

the relatives including parents of advanced age, minor children,

siblings, grand-parents and uncles on the strength of vague and

exaggerated allegations without there being any verified evidence of

physical or mental harm or injury. This may hamper any possible

reconciliation and reunion of a couple.

Statistics from:

Crime Records Bureau (CRB) Report of Crime in India

2005 2009 2012 2013

Cases 58319 89546 466079

Arrest 127560 174395 197762

Fake 6141 8352

Women 47951

Charge Sheet 93.6%

Conviction 14.4% 15.6%

(7258)

Pending 372706

Projected

Acquittal

317000 38165

Withdrawn 8218

Death 24,771 between 2012 – 2014 (>760 deaths in 2015)

Conclusion:

Complaint filed on heat of the moment over trivial issues.

Most of cases not bonafide.

Implications and consequences not visualized.

Lead to uncalled for harassment for both parties.

Arrests ruin the chances of settlement.

Bar & Bench (www.barandbench.com)

Sushil Kumar Sharma vs. UoI [(2005) 6 SCC 281]

Preeti Gupta vs. State of Jharkhand [(2010) 7 SCC 667]

Ram Gopal vs. State of M.P. [(2010) 13 SCC 540]

Savitri Devi vs. Ramesh Chandra

Above judgments judicially acknowledged the misuse of the

provision.

Madras High Court guidelines:

Check and curb the menace of dowry and at the same time, save

the matrimonial homes from destruction.

Such harassment is made simply to satisfy the ego and anger of

the complainant.

If the Magistrate themselves accede to the bare requests of the

police without examining the actual state of affairs, it would

create negative effects.

The husband and his family members may have difference of

opinion in the dispute, for which, arrest and judicial remand are

not the answers.

The ultimate object of every legal system is to punish the guilty

and protect the innocents.

Delhi High Courtguidelines:

No case without the prior approval of DCP/Addl. DCP.

Arrest after thorough investigation with prior approval.

Arrest of the collateral accused after the prior approval.

Police should depute trained staff.

FIR not registered in a routine manner.

Police scrutinize complaints.

FIR registered only against whom there are strong allegations.

If no possibility of settlement then necessary steps – return of

stridhan and dowry articles etc.

Arnesh Kumar vs. State of Bihar:

Police officers not automatically arrest, if necessary follow the

Section 41 of Cr.P.C. (When police arrest without warrant)

Check list under Section 41(1)(b)(ii).

Police file check list with reasons and material for arrest before

the Magistrate.

Magistrate after recording its satisfaction, authorize detention.

Decision not to arrest with recorded reason, forward within two

weeks to Magistrate which extended by Superintendent of

Police.

Notice with reason for appearance to accused in terms of

Section 41-A of Cr.P.C. within two weeks, extended by

Superintendent of Police.


Police officer liable for departmental action and contempt of

court if not comply the directions.

Magistrate liable to departmental action if authorize detention

without record the reason.

LalitKumari vs. Government of U.P.:

Arrest of relative only after permission of Magistrate.

No arrest above 70 years of age.

Power of police to straight away arrest prohibited.

Court ascertains prima facie material before arrest.

Offence should make compoundable and bailable.

Role of each accused must specify in complaint with signed

affidavit.

Copy of preliminary enquiry furnished to the accused.

Other Suggestions:

Arrest only after recording reason and express approval from

Superintendent of Police.

Relatives outside India, proceeds when I.O. convinced that is

necessary, in which impounding of passport and red corner

notice should be avoided.

Before registration of case procedure of counseling should be

mandatory under Section 14 of DV Act, 2005.

243rd

Law Commission Report (August, 2012): recommend making

the offence compoundable.

140th

Report of the RajyaSabha Committee (September, 2011)

The Malimath Committee

Section 498-A: Object of punishing cruelty at the hands of husband or

his relatives, if the cruelty has potential to result in suicide or

murder……Statement of Objects & Reasons of Act 46 of 1983.

Covers suicide or grave injury (mental or physical) or danger to life or

harassment for unlawful demand.

Required remedial steps:

Implications and arrest for husband side.

Continuation of proceedings despite settlement since it is non-

compoundable.

No doubt in doing so laying down of norms is sometimes

unavoidable.

Just and fair procedure being part of fundamental right to life.

The court has incidental power to quash even a non-compoundable

case of private nature, if continuing the proceedings is found to be

oppressive.

At the same time, violation of human rights of innocent can‘t be

brushed aside.

Certain safeguards against uncalled for arrest or insensitive

investigation has to be address by this court.


Following Directions:

Involvement of civil society in the aid of administration of

justice can be one of the steps.

Every District Court – One or more Family Welfare Committee

– Constituted by DLSA – Comprising of 3 members.

Committee‘s work reviewed – Once in year – By District &

Sessions Judge.

Constituted of….(Specifically not mentioned any woman

member).

Members will not a witness – Basic minimum training –

Honorarium.

Every complaint received by Police or Magistrate referred to

Committee.

Members interact with parties personally or communication

means.

Report with factual aspects and opinion – who referred the

complaint within one month – till then no arrest.

Report then considered by I.O. or Magistrate.

Investigation by designated I.O. (Appoint within one month

with training)

If settlement – Dispose of proceedings including criminal cases.

Bail application – with one clear day‘s notice to

P.P./complainant – Recovery of disputed dowry items not be a

ground for denial of bail if maintenance or other rights are

protected – Individual roles, prima facie truth of allegations,

further custody and interest of justice must be weighed.

Persons outside of India – Passport or Red Corner Notice – not

be issued in routine – Appearance ought to be exempted –

through V.C.

Club all cases of parties to take holistic view by the Court.

These directions not applicable on offences involving tangible

physical injuries and death.

NLSA after 6 months give report for any change or further

directions…..


INDEX

Sl. No. Particulars Page Number Remarks

Part I

(Contents

of paper

book)

Part II

(Contents

of file

alone)

(i) (ii) (iii) (iv) (v)

* Court Fees NIL

1. Office Report on Limitation

2. Listing Performa A1-A2 A1-A2

3. Cover Page of Paper Book A-3

4. Index of Record of Proceedings A-4

5. Limitation Report prepared by

Registry

A-5

6. Defect List A-6

7. Note Sheet NS 1 to …

8. Synopsis & List of Dates B - C

9. Writ Petition with Affidavit 1 - 9

10. Appendix A

Article 15 & 32 of the

Constitution of India

10 - 11

11. Annexure P-1

Copy of Registration Certificate

of the Petitioner dated 3-07-2007

with Original

12 – 12A

12. Annexure P-2

Copy of Objectives of the

Petitioner Organization

13 – 13A

13. Annexure P-3

Copy of the Judgment dated 27-

07-2017 in Criminal Appeal No.

1265 of 2017 (Rajesh Sharma vs.

State of U.P.)

14 – 33

14. Letter 33A

14. Filing Memo 34

15. Vakalatnama 35

16. Authority Letter 36


SECTION

IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL/ORIGINAL/APPELLATE JURISDICTION

WRIT PETITION (CRIMINAL)..........OF 2017

IN THE MATTER OF:

NYAYADHAR …PETITIONER VERSUS

UNION OF INDIA & ORS. …RESPONDENTS

INDEX

SRL. NO.

PARTICULARS COPIES COURT FEE

1.

Writ Petition with Affidavit 1+3 NIL

2.

ANNEXURE P-1 to P-3 1+3 NIL

3.

VAKALATNAMA 1

TOTAL RS.

CERTIFIED THAT THE COPIES ARE CORRECT

FILED ON: 22-09-2017 FILED BY:

(MANJU SHARMA JETLEY)

ADVOCATE - ON - RECORD

ADVOCATE FOR PETITIONER

C. C. NO. 350

MOB: +91- 9990524307


IN THE SUPREME COURT OF INDIA

(CRIMINAL ORIGINAL WRIT JURISDICTION)

UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

WRIT PETITION (CRIMINAL) NO…………/2017

IN THE MATTER OF:-

Nyayadhar …Petitioner

Versus

Union of India &Ors. …Respondents

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE)

ADVOCATE FOR PETITIONER: (MANJU SHARMA JETLEY)





IN THE MATTER OF:-


Versus


OFFICE REPORT ON LIMITATION

1. The petition is within time.

2. The petition is barred by time and there is delay of

………… days in filing the same against order dated

…………… and petition for condonation of ……………..

days delay has been filed.

3. There is delay of ………….. days in refilling the petitioner

and petition for condonation of ……………….. days in

refilling has been filed.

BRANCH OFFICER

Place:New Delhi Dated: 22-09-2017





IN THE MATTER OF:-


Versus


CERTIFICATE

This is to certify that the Writ Petition is confined only to the

pleadings which are necessary and other documents relied

upon in these proceedings. It is further certified that the

copies of annexure attached to this Writ Petition are necessary

to answer the questions of law raised in the petition and to

make out grounds urged in the Writ Petition for consideration

of this Hon’ble Court. This certificate is given on the basis of

the instructions given by the petitioner / or person whose

affidavit is filed in support of Writ Petition.

Drawn by: Alok Singh

Advocate

Drawn on: 10-09-2017

Filed on: 22-09-2017

Filed By:

(Manju Sharma Jetley)

Advocate for the Petitioner

C.C. No. 350


MANJU SHARMA JETLEY Advocate-On-Record

Date: 15-09-2017 ATHOURITY LETTER

To, The Registrar, Supreme Court of India New Delhi- 01 Sub: WRIT PETITION (CRL.) NO._______/2017

[Nyayadhar VS.Union of India &Ors.]

Sir,

In the above matter, I authorised to Mr. Alok Singh &Ajai

Kumar, Advocates on my behalf to file / re-file, remove the

defects, collect the file and ancillary acts for the purpose of

registration of this case in the Registry of the Supreme Court

of India.

Alok Singh &Ajai Kumar Yours Faithfully

(Advocates) D/2048/2008 & UP/06038/08 Mobile: +91-9990524307

(Manju Sharma Jetley) Advocate-On-Record

C.C. No. 350


SYNOPSIS & LIST OF DATES

The petitioner is seeking permission to file this writ petition before this

Hon‘ble Court under Article 32 of the Constitution of India. The petitioner

in the form of writ of mandamus wants to seek directions/orders from this

Hon‘ble Courtto implement the suggestions as praying by the petitioner in

matrimonial disputes under Section 498-A of the Indian Penal Code.

It is pertinent to mention herein that this Hon‘ble Court has given

some directions/guidelines in Criminal Appeal No. 1265 of 2017 (Rajesh

Kumar vs. State of U.P.) to follow by the concerned authoritiesin cases

related with Section 498-A of the Indian Penal Code.

Nyayadhar, the petitioner is organization formed by ladies‘ advocate

of District Ahmednagar, Maharashtra. It is established in 2003 with motive

to help the ladies who are suffering harassment in their family. This

organization provides free legal help to ladies and children in courts

throughout Maharashtra in general and specifically in District Ahmednagar.

This organization has a government approval for rendering services

with respect to family advice counseling and medical aid etc. Deep study of

the petitioner to overcome the problems related to the cases like family

violence and dowry cases even follow up by women commission.

It is pointed out that a married woman whenever go to the police

station to make a complaint against her husband and other close relations

takes a risk to fight with society at large but being left with no other remedy

against cruelty and harassment ultimately choose this last resort i.e. Section

498A of IPC. So, mindless and senseless deprivation of life and liberty of

women could not have been dealt with effectively through soft sanctions

alone. Though values of equality and non-discrimination may have to gain

deeper roots through other social measures, the need to give valuable

protection to vulnerable sections of women cannot be negated.

The petitioner need not to say that husband‘s relative and husband

have fear of Section 498-A of IPC and 70-80% matter solved because of this

fear alone at the initial stage, but the primary questionstill survives i.e. what

about a woman who has beaten and harassed so badly that she is near to

death but not dead. That time a woman really needs 498-A for her safety.


That Section 498-A of IPC is most helpful instrument in the hands of

victim women to get immediate relief from law and police station, but

guidelines issued that no immediate arrest to accused person and his family.

As the result, the fear of law is totally vanished from the minds of accused

and his family. Resultantly we may say that ‗the soul of Section 498-A is

dead and now Sec. 498-A is become valueless‘. There is no immediate relief

to victim women from cruelty and harassment. Ultimately she left alone to

handling herself and her children‘s life with own risk.

Thus a question arise before the Indian Judicial System, how totackle

and protect the constitutional rights of women‘s?

Hence this Writ Petition.

LIST OF DATES

03-07-2007: The petitioner was registered as Public Charitable Trust

on 03-07-2007. The true typed copy of the Registration

Certificate dated 03-07-2007 is annexed herewith as

Annexure P- 1. (Page )

…….. The objectives and aim of the petitioner organization.

The true copy of the objectives is annexed herewith as

Annexure P- 2. (Page )

27-07-2017: The copy of judgment dated 27-07-2017 in Civil Appeal

No. 1265 of 2017 (Rajesh Sharma vs. State of U.P.).The

true typed copy of the judgment dated 27-07-2017 is

annexed herewith as Annexure P- 3. (Page )

23-09-2017: Hence this Writ Petition.



(ORIGINAL CRIMINAL WRIT JURISDICTION)

WRIT PETITION (CRIMINAL) NO. ______________OF 2017

In Re:

Nyayadhar

(Lady Lawyer Organization)

3rd

Floor, RajhansVihar,

In front of District Court,

Ahmednagar (Maharashtra) – 414001 …Petitioner

VERSUS

1. Union of India

Through: The Secretary

Ministry of Home Affairs,

North Block, Central Secretariat,

New Delhi – 110001

2. Ministry of Women & Child Development

Through: The Secretary

ShastriBhawan, New Delhi – 110001

3. National Commission for Women

Through: The Chairman

Plot No. 21, Jasola Institutional Area,

New Delhi – 110025

4. National Legal Services Authority

12/11, Jam Nagar House, Shahjahan Road

New Delhi- 01 …Respondents

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF

INDIA IN THE NATURE OF WRIT OF MANDAMUS FOR

DIRECTIONS/ORDERS TO IMPLIMENTTHESUGGESTIONSOF

THE PETITIONER IN DISPUTES RELATED WITH

SECTION 498-A OF THE INDIAN PENAL CODE

To,

Hon'bleThe Chief Justice

And His Lordship‘s Companion Justices of the

Hon'ble Supreme Court of India

The humble petition of the petitioner above named:


Most respectfully showeth:

1. That the petitioner herein invokes your Lordships‘ Jurisdiction under

Section 32 of the Constitution of India for seeking direction/s to

implementation of the suggestions according to the need of the time. The

petitioner submits that the present case is a fit case to call for Your

Lordship‘s considerationto enhance the sharpness of the

directions/guidelines given in cases related with Section 498-A of the

Indian Penal Code.

1A. That the petitioner never approached the respondents or any authority

relating with issues involved in this Writ Petition.

2. The petitioner organization established in 2003 by lady advocatesin District

Ahmednagar (Maharashtra). The ground to form this organization is that

only a woman can better understand, represent, and solve the problem of

another woman.The petitioner main motive is to help the ladies who are

downtrodden and suffering from injustice from their respective families.

Moreover, to help the women to understand the laws related to family

issues.

The petitioner done deep research to settle down the disputes related

within four walls of the family.From 2003 to 2010 the petitioner registers

479 complaints especially from ladies all around the state of Maharashtra

and from 2010 to 2017 received around 1658 complaint related to women

for counseling.

The petitioner has a government approval for rendering services with

respect to family advice counseling and medical aid etc. The deep study of

the petitioner to overcome the problems related to the cases like family

violence and dowry cases were follow up by women commission. The

research result will be demonstrated in the following paras. The true typed

copy of the Registration Certificate and Objectives of the petitioner is

annexed herewith as Annexure P-1(Page 12-12A) & P-2 (Page 13-13A)

respectively.

3. Brief Glimpse on the Issue:

I. That Section 498-A of Indian Penal Code, since its introduction has

increasingly been vilified and associated with the perception that it is

misused – that women frequently use it as a weapon against their in-

laws. This counter-narrative is particularly ubiquitous on the

internet, in the many online communities of husbands who feel

wronged by vengeful wives.


II. That there is ‗general complaint‘ that Section 498-A of the IPC

is subject to gross misuse; but provides no data to indicate how

frequently the section is being misused. It is important therefore

that such ‗arguments‘ are responded to, so as to put forth a

clearer picture of the present factual status of the effect of

several criminal laws enacted to protect the women.

III. That domestic violence and abuse by spouses and family

members are complex behaviors and the social organization of

courts, the police and legal cultures systematically tend to

devalue domestic violence cases.

IV. That Section 498-A was introduced in the Indian Penal Code in

1983 and the reforms of the past 34 years have not been

adequately evaluated at all by the governments with respect to

their deterrence goals, despite the institutionalization of law and

policy to criminalize domestic violence.

V. That it is important to do these studies to correct the general

misconceptions that woman are misusing the law by filing false

cases against their husband and in-laws in order to harass them

and get them convicted. This perspective of the State and its

agencies needs to change from that of protecting the husbands

and in-laws against potential ‗misuse‘ of the laws of domestic

violence to that of implementing their real purpose – to

recognize that such violence is a crime and protect women who

have the courage to file complaints against their abusers.

VI. That Article 15 of the Constitution of India reinforces the fact

that a woman is not a toy to be played with, to be thrown away

at one‘s whims and fancies and treated as inferior to any other.

It inherently asks for husbands to their wives well and not

misbehave or demand unjustly which in a way sends forth a

message that woman is a commodity for sale.

VII. There are some following points and data analysis from the

petitioner to consider from this Hon‘ble Court:

i) When harassment start after the marriage.


ii) Classification according to income of the family.

When harassment start after the marriage

The surveys conducted by the petitioner show that harassment

start from the initial days of marriage and when it not stops, the

woman come for counseling to stop and reduce her harassment.

Classification according to husband family income

Husband‘s family income permonth. Percentage of Cases

Below Rs. 20,000/- 55%

Rs. 20,000/- to 50,000/- 35%

Rs. 50,000/- and above 10%

It is worth mentioning the statics which was considered by this

Hon‘ble Court in Civil Appeal No. 1265 of 2017 (Rajesh Sharma

&Ors. Vs. State of U.P. &Ors.)

Crime Records Bureau

(CRB)

Report of Crime in

India

2005 2009 2012 2013

Cases 58319 89546 466079

Arrest 127560 174395 197762

Fake 6141 8352

Women 47951

Charge

Sheet

93.6%

Conviction 14.4% 15.6%

(7258)

Pending 372706

Projected

Acquittal

317000 38165

Withdrawn 8218

Death 24,771 between 2012 – 2014 (>760 deaths in 2015)

Number of Days Percentage of Cases of Harassment

3days to 1month 23%

1month to 6 months 30%

6 months to 1 year 19%

1year to 2 years 28%


The petitioner observed that a balanced and holistic approach is

needed to curve this menace of cruelty. The point to be noted herein

that thisHon‘ble Court has not considered the number of deaths of

woman which is an eye opening illustration of this abuse of cruelty

against the women. So, the values to be attached to the rights of

womenare no less than the value to be attached to the family as a unit

and vice-versa. The challenge before the community is to ensure the

promotion of both values. The true typed copy of Criminal Appeal

No. 1265 of 2017 is annexed herewith as Annexure P-3 (Page )

5. That the petitioner has never file any Writ Petition before this Hon‘ble

Court or any other court.

6. Grounds:

A. Because it is a social institution where husband has the responsibility

to take care and maintain his wife. She wants to feel safeguarding in

the house but situation was against expectation when woman get

cruelty and faces harassment behind the four walls of their

matrimonial home.

B. Because large victims are from poor and illiterate background, living

in rural areas,mostly benefited from section 498-A of Indian Penal

Code.

C. Because sometimes, dowry may not be the cause but the woman for

several reasons like her complexion or family status is tortured to

death.

D. Because in many cases the court has not considered mental cruelty

caused to the woman but has concentrated only on any sign of

physical cruelty. If evidence does not show that the woman was

physically harassed, then the court does not look into the case. What

the court does is call the woman hyper-sensitive or of low tolerance

level and having an unstable mind.

E. Because when woman to go to the police station to make a

complaint for physical assault against her husband and other close

relatives that time police send her to ―Civil Hospital‖ or ―Rural

Health Center‖ because she had a injuries on her body which

required treatment. For going to hospital police station give ‗letter‘


to woman for medical checkup but police station not maintain

register for this type of letters.When woman gives that letter to

hospital they took that letter and make registry to MLC register.

Because of injuries and constant pain women took treatment,

medicine and go home for rest and recover health.

In this all procedure police station not maintain register for

letters which given to women and in hospital MLC register they

not differently mention women cruelty cases and it shows only

record in register. More so the police station didn‘t file NC

(Non-cognizable offence) because the woman didn‘t go back to

the police station after getting treatment from hospital.

F. Because in general the woman has no knowledge about going

back to police station and register NC. Because of not

registering NC no one make attention towards her complain and

NC register make no use because of no complain file. That‘s

why women being left with no other option, so she feels

helpless and once again she goes husband‘s home then husband

and his relatives increase confidence police and judicial system

make no harm to them so they are more violent.

G. Because a women who having gone to the Police Station with a

genuine grievance go back to marital home with compromise

women‘s liberty and dignity in a state of distress she inspires to

subside. Even unable to stay with relatives because according to

Indian culture once women married she dies there but not come

parental home and another reason is many times his father

brother was not afford she stay with them.

H. Because the courts have in several instances made a very

narrow interpretation of this section considering it to be only

cruelty in relation to unlawful demands or dowry demands.

I. Because it is also clearly noticed that woman today are still

tortured and often the court being the ultimate savior also does

not come to the rescue to protect these woman.

J. Because as per allegations the abuse of this section is mostly

used by well-educated women who know that this section is


both cognizable and non-bailable and impromptu works on the

complaint of the woman and placing the man behind the bars.

But who will take-care the poor and illiterate women in society

from this disease of cruelty?

K. Because, no doubt many times take due advantage of the fact

that they are referred to as the ‗weaker sex‘ and on the

foundation of rights ensured to them are violating other‘s rights,

butthe position of the woman in India is still bad and they still

need rights to alleviate themselves in society.

6. P R A Y E R

It is, therefore, respectfully prayed that this Hon'ble Court may be pleasedto:

A. Issue a writ for direction to the respondents thereby to implement the

suggestion i.e. out of 3 members at least 2 ladies members should be

appoint in the Family Welfare Committee;

B. Issue a writ for direction to the respondents thereby to implement the

suggestion i.e. one member who has done M.S.W. (Master in Social

Work) should be appoint in the Family Welfare Committee;

C. Issue a writ for direction to the respondents thereby to implement the

suggestion i.e. at the time of counseling and recording of the facts, the

Family Welfare Committee should mention and considered the

economic status of the parties;

D. pass any such other order(s) as deemed fit and proper to secure the

ends of justice.

DRAWN BY:FILED BY:

ALOK SINGH

Drawn on: 10-09-2017

Filed on: 22-09-2017(MANJU SHARMA JETLEY)

Advocate for the Petitioner

C.C. NO. 350


PROFORMA FOR FIRST LISTING

SECTION: X

The case pertains to (Please tick/check the correct box):

Central Act : (Title): The Constitution of India

Section: Article 32

Central Rule: (Title):

Rule No (s):

State Act: (Title) N/A

Section: N/A

State Rule: (Title) N/A

Rule No (s): N/A

Impugned Interim Order: (Dated) N/A

Impugned Final Order/Decree : (Dated):

(Name) High Court:

Names of Judges: Tribunal/Authority: (Name):.

______________________________________________________

1. Nature of matter: Criminal

2. (a) Petitioner/Appellant: Nyayadhar

(b) E-Mail ID: N/A

(c) Mobile phone number: N/A

3. (a) Respondent No.1: Union of India.

(b) E-Mail ID: N/A

(c) Mobile Phone Number: N/A

4. (a) Main category classification: 14

(b) Sub classification: 1418

5. Note to be listed before: N/A

6. Similar/Pending matter: No similar matter pending.

7. Criminal Matters: N/A

(a) Whether accused/convict has surrendered: Yes No

(b) FIR No. N/A Date N/A

(c) Police Station: N/A

(d) Sentenced Awarded: N/A


(e) Sentenced Under gone: N/A

8. Land Acquisition Matters: N/A

(a) Date of Section 4 notification: N/A

(b) Date of Section 6 notification: N/A

(c) Date of Section 17 notification: N/A

9. Tax Matters: State the tax effect: N/A

10. Special Category (first Petitioner/Appellant only): N/A

Senior citizen 65 years SC/ST Woman/child Disabled

Legal Aid case in custody

11. Vehicle Number (in case of Motor Accident Claim matters): N/A

12. Decided cases with citation: N/A

Date: 22.09.2017

(Manju Sharma)

AOR for the Petitioner

Registration No.350


Appendix -A

The Constitution of India: Article 15

15. Prohibition of discrimination on grounds of religion, race, caste, sex

or place of birth –

(1) The State shall not discriminate against any citizen on grounds only of

religion, race, caste, sex,place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of

birth or any of them, be subject to any disability, liability, restriction or

condition with regard to—

(a) access to shops, public restaurants, hotels and places of public

entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public

resort maintained wholly or partly out of State funds or dedicated to

the use of the general public.

(3) Nothing in this article shall prevent the State from making any special

provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the

State from making any special provision for the advancement of any socially

and educationally backward classes of citizens or for the Scheduled Castes

and the Scheduled Tribes.

(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19

shall prevent the State from making any special provision, by law, for the

advancement of any socially and educationally backward classes of citizens

or for the Scheduled Castes or the Scheduled Tribes in so far as such special

provisions relate to their admission to educational institutions including

private educational institutions, whether aided or unaided by the State, other

than the minority educational institutions referred to in clause (1) of article

30.

The Constitution Of India: Article 32

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for

the enforcement of the rights conferred by this Part is guaranteed;

(2) The Supreme Court shall have power to issue directions or orders or

writs, including writs in the nature of habeas corpus, mandamus, prohibition,


http://indiankanoon.org/doc/846967/


quo warranto and certiorari, whichever may be appropriate, for the

enforcement of any of the rights conferred by this Part;

(3) Without prejudice to the powers conferred on the Supreme Court by

clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to

exercise within the local limits of its jurisdiction all or any of the powers

exercisable by the Supreme Court under clause ( 2 );

(4) The right guaranteed by this article shall not be suspended except as

otherwise provided for by this Constitution

// TRUE TYPED COPY//




Bar & Bench () · the matrimonial homes from destruction. ... x The ultimate object of every legal...

Documents

Transcript of Bar & Bench () · the matrimonial homes from destruction. ... x The ultimate object of every legal...