Corporation’s tactics to retaliate against activist?

The interesting part of news is that the official of Jindal Steel and Power claim that they had given a shop to Agrawal’s son to dissuade him from raising environmental issues.  So they are willing to engage in bribery if it serves their corporate interests?

The threat to kill company official makes it even more incredible?  An activist threatening to kill an official of a large, powerful company?  Makes sense to anyone?

http://timesofindia.indiatimes.com/India/Activist-faces-brunt-of-steel-magnates-fury/articleshow/6096632.cms

…

…

The police complaint has shocked environmentalists. "This is exactly the tactic American Corporations have used to browbeat environmental activists," said Sunita Narain, Director, Centre for Science and Environment. She said this reminded her of SLAPP or Strategic Lawsuits Against Public Participation used by companies in America "to shut up individuals who were raising issues of social and environmental concern".

"Ramesh Agrawal of Jan Chetana is well known to the environmental and human rights fraternity. He has been raising issues related to not just a single corporation but several agencies on a very systematic basis," said Kanchi Kohli of Kalpavriksha Environmental Action Group.

Agrawal has a long series of achievements to his credit. In 2009, a PIL filed by him in Delhi High Court resulted in a major amendment to the rules governing environmental clearance. The court made it mandatory for companies to publish their full environmental clearance order in two local newspapers to enable the affected people to access the order and challenge the clearance if need be.

Ritwick Dutta, well known environmental lawyer, who has represented Agrawal in several public interest cases, asked,
"Why has the company filed an FIR against Agrawal after MoEF acted against them? Why did it not go after him earlier?"

When asked why, Sanjeev Chauhan said, "We discussed the matter within the management. We were waiting for the right time". He added that the company "will definitely prove the allegations in court".
Environmentalists say proving allegations against Agrawal will not disprove allegations against the company.

"The Ministry did not rely on Agrawal's word. Its team did due diligence and found Jindal Power had clearly broken the rules," says Narain.

Condoning Rape by marriage is bad idea

Recent news of chief justice of India Mr Balakrishnan supporting choice of rape victim to marry the accused has shocked several among public.

http://news.in.msn.com/national/article.aspx?cp-documentid=3687586

"Due regard must be given to their personal autonomy since in some cases the victim may choose to marry the perpetrator or choose to give birth to a child conceived through forced intercourse," Balakrishnan said.

It seems the CJI has in mind those cases where a rape is alleged after the woman was promised marriage but the man turned on his word.  The choice of someone to allege the crime of rape and then be able to change their mind should not be allowed.  Any rape allegation should proceed to its end with either acquittal or conviction of accused, or prosecution of alleged victim in case accusation was found to be patently false.

The freedom to accuse someone of crime and then do some kind of settlement with the accused is not allowed on most criminal justice systems.  If that was allowed, following absurd and perverse situations could arise:

1. Rob or defraud a person or company of property and money, and then invite them to a joint partnership with the allegedly stolen/fraud money.
2. Murder someone, and then allow family members of murdered person to accept compensation in turn for withdrawing murder allegations.  Needless to say, law does not allow condoning such offences as murder.

The problem seems to be that judiciary and reportedly some NGOs are trying to fix what arises from a social issue of consensual sex before marriage using legal and judicial means.  To avoid the issues arising from rehabilitating the rape victim, they are proposing a quick formula which has no guarantee to work.  From news below:

http://newsblaze.com/story/20090624083208iwfs.nb/topstory.html

However, in a recent case in Cuttack district, the Orissa High Court asked a rape accused to either languish in jail without bail or marry the victim. The accused had sexually abused the girl on the pretext of marrying her and later deserted her after she became pregnant. The victim subsequently lodged a complaint against him. "Permanent bail would be allowed only if the accused tied the knot with the victim within this two-month period and allow his name to be the baby's father," the Bench specified.

"The practice of rapists marrying their victims may be condoned in some instances. But it should also be remembered that several such cases are based on the false promise of marriage and result in desertion," says Sneha Mishra, Orissa State Coordinator of the "We Can" Campaign to end violence against women. She also observes that many of these cases involve couples who are already in a relationship and the man usually deserts the women or refuses to marry her upon discovering that she is pregnant. This, she believes, is also a serious offence.

So in this case, the HC judge took it upon himself to ensure welfare of the pregnant woman.   The only problem is what will happen if the accused got the bail, and later still deserted the woman, say after 2 years.  What offence will be be charged with then?  Who will take care of rehabilitating the woman and child at the time?

The most important thing is for judiciary to function effectively and in time bound manner, so people have some faith in approaching the judiciary.  All the other suggestions are like putting fresh paint on a building which is crumbling down.

Decongesting prisons: 42 undertrials freed

It was not easy to believe but it may have started!  The earlier news about release of undertrials from prisons seems to have started with a somewhat substantial number of 42 undertrials being released in a day in Delhi.

http://sify.com/news/decongesting-prisons-42-undertrials-freed-news-national-kb1t4dhgffc.html

A city court released 42 undertrial prisoners Wednesday in a start to a project to put the criminal justice system on a fast track. The plan is to reduce the number of undertrial prisoners by two-third in the next six months. About 170,000 prisoners will be released countrywide by July.

The process, an initiative of Law and Justice Minister M. Veerappa Moily who was present at the Patiala House court along with Delhi High Court Justice Madan B.Lokur here to witness the first such release Wednesday, was started in view of the overcrowding in Indian jails, the huge pendency of cases and long delays in the justice delivery system.

'It's a reformative process and should be encouraged,' Moily said on the occasion.

Forty six cases were listed Wednesday in the special court of Additional Chief Metropolitan Magistrate Ajay Pandey, all dealing with petty offences. The list included prisoners who are still in jail just because they cannot raise their bail bond money.

Among 42, 12 prisoners were released after they furnished their personal bonds and the remaining 30 prisoners pleaded guilty and were acquitted.

Hello? Prisoners pleaded guilty and then were acquitted? I know there is a process of law that a judge can order trial to continue for a person even if he/she pleads guilty; but for someone to be acquitted after pleading guilty cannot be possible.

Those prisoners who were released or granted bail are offenders involved in petty offences like theft, pick-pocketing, snatching and robberies.

Four prisoners could not be freed as they are involved in other cases as well.

'Need of the hour is to release prisoners who are lodged in jails for years together and are involved in petty offences so that they don't become hard core criminals when they come out,' Moliy said.

Ok. So the law minister has admitted publicly at least that being in jail for long time can make one into hardcore criminal.  It is like a university of crime, right?

'We are planning to release 1.7 lakh prisoners till July 31 around India. To begin this, we have informed all the courts and the various legal services authorities to prepare the list of prisoners who can be released,' Moily said.

The government has asked all state high courts to identify undertrials who are not involved in heinous crimes and whose cases can be expedited.

Moily said the union cabinet has 'in principle' agreed to operationalise and implement the national legal mission - 'a step towards guaranteeing access to justice for every citizen, including those in jails'.

The minister said chief justices of state high courts have been asked to prepare a report 'as fast as possible' about the people in jails, their offences, the nature of cases, and the maximum punishment they can invite so these trials can be completed by July 31.

Delhi High Court Snubs 90% of Indians – says speak only English

Delhi High Court has rejected demands of lawyers’ association to argue in Hindi.

http://blog.taragana.com/law/2010/01/31/court-rejects-plea-of-lawyers-to-argue-in-hindi-19871/

This is what lawyers’ association has to say:

“When lawyers argue in Hindi, judges do not pay attention to them. English has become a status symbol,” Aggarwal said. Moreover, Article 348 of the constitution provides for arguing court cases in English as well as in regional languages, he pointed out.

“Hindi is being used in the high courts of Rajasthan, Allahabad and Madhya Pradesh, but not in the national capital,” he said.

Article 348, clause 2 deals with issue of allowing other languages apart from English.

(2) Notwithstanding anything in sub-clause (a) of
clause (1), the Governor
1
*** of a State may, with the
previous consent of the President, authorise the use of the
Hindi language, or any other language used for any official
purposes of the State, in proceedings in the High Court
having its principal seat in that State:
Provided that nothing in this clause shall apply to
any judgment, decree or order passed or made by such
High Court.

So this basically means that even though the final judgment will be only in English but arguments and other high court activities can be allowed in Hindi or any other language.

The lawyers had earlier started a campaign on allowing usage of Hindi in Sep 2009 as given below.

http://www.legalindia.in/advocates-started-signature-compaign-for-allow-hindi-in-courts

It is interesting that the lower courts allow regional languages in courts, but the higher you go the access to justice will be limited to those who know English language.

Maybe first government should first make use of English mandatory in all public and government dealings in police, armed forces, government offices and so on.  Also the constitution should be changed to allow free English language learning to all children till age of 14.  Else how can it be hoped that 90% of Indians who don’t know English can get justice in courts?  Or probably the Delhi high court thinks that 90% of Indians don’t deserve to get to high court and above!  They should settle their matters in lower courts and be happy.

Justice is coming for undertrials, if intentions are to be realized!

UPA govt and Law minister Moily has recently made the mother of all promises, i.e., to get 75% of undertrials out of prison by 31st Jul 2010.

http://timesofindia.indiatimes.com/india/Moilys-mission-Get-75-of-undertrials-out-of-prison-by-July-31/articleshow/5454196.cms

Excerpts from the news:

The UPA government is setting a six-month deadline, starting January 26, for the release of 1.25 lakh of the 1.7 lakh undertrials languishing in jail though booked for petty offences and despite having served a major part of the prescribed maximum sentence.

Comments: It is interesting why no govt before thought of an easy solution like this.

Further, some statistics on population in jails and that of undertrials:

India has around 1,500 jails having a capacity to lodge 2.5 lakh prisoners. But these house as many as 3.5 lakh inmates. As many as 70% of the jail population comprises undertrials, which means their number could be pegged at 2.45 lakh. As 70% of the undertrial prisoners are booked for petty offences, this category of population in jails would be 1.7 lakh.

Further...

"I have requested the chief justices of all high courts to instruct the district courts to do everything possible under the Criminal Procedure Code and other laws to ensure that those languishing in prison unnecessarily be forthwith released," he said.

Comments: Nice intentions. It is moot point how the courts which are said to be overburdened with cases will handle these new cases. Read here about lack of judges in high courts.

Further....
Asked how so many undertrial prisoners could be released within six months, he said there are many ways to achieve the result -- plea bargaining system in which the undertrial accepts guilt and the court records conviction and releases him by sentencing him to the period of imprisonment already undergone, expediting their cases by holding trial on a day-to-day basis, holding court proceedings inside the prison premises or through video-conferencing.

Comments: Plea bargaining has been there on paper since CrPC amendments of 2005, notified in 2006. It is not so simple that you ask a prisoner to agree to a lesser charge etc, and if he agrees, and court also says yes; then everybody is happy and they go home. Under Sec 265C of CrPC, specific guidelines have to be followed for plea bargaining in which public prosecutor, accused, victim, and courts are involved. So a defined court process is inovlved here too.

About expediting trials on day-to-day basis, that is like asking a wish from genie in the bottle. If that could be done, then what is currently stopping courts from having day to day trials?

Further...
To ensure that there is no hitch from the government side, the law minister has divided the country into various zones and put an additional solicitor general in charge of each to see that the first actual legal reform by way of releasing undertrials becomes successful.

"Guidance to the ASGs would come from attorney-general G E Vahanvati and solicitor-general Gopal Subramaniam," Moily said.

Comments: All of the said measures like writing to chief justices, ASG, dividing into zones, and so on smack of a high-level approach handed from top levels of govt and judiciary to levels below. There is no clarity on how the lower courts, police, prosecutors will be involved in such a massive undertaking. Till that happens, it can be treated more like a nice wish of the UPA govt and law ministry.

Restore Civil Rights to Domestic Violence Laws!

• Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence?
• Have we become irrational in our approach to women's empowerment and women's rights?
• Are fundamental Constitutional rights being set aside?
• Are we now supporting violation of human rights of innocent men, women and children?

Guilty until Proven Innocent?

Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.”

But...

Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial.

Mandatory Arrest?

Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty except according to procedure established by law".

But...

every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under IPC Section 498A including 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) and 350 children (one child per day) without evidence or investigation.

Men do not need protection?

Universal Declaration of Human rights states that “all are equal before the law, and are entitled without any discrimination to equal protection of the law".

Article 14 of the Indian Constitution declares that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

But...

Indian laws against domestic violence blatantly deny protection to men against any form of domestic abuse, and every year, over 56,000 married men commit suicide due to verbal, emotional, economic and physical abuse and legal harassment.

Mothers and sisters of husband not women?

Indian laws against domestic violence are touted as tools for women's protection and empowerment.

But...

in the last four years alone, over 1,23,497 women have been arrested under IPC Section 498A alone, without evidence or investigation, not for committing any crime under law, but only because they were related to a man.

The verdict is in…

Indian taxpayers have spent lakhs to implement draconian policies around the country. And the verdict is clear – these policies:

* Trample on Constitutional protections and human rights
* Hurt men, women and children
* Divert limited funds away from the real victims

It’s time to restore civil liberties, respect for victims, and common sense to our nation’s domestic violence laws.

For more info: 9886368480 9739441360 9902055933 9880286694 (http://dvawareness-india.blogspot.com/)

Organizations across India observing Domestic Violence Awareness Month:

• Save Indian Family Foundation
• Save Family Foundation
• All India Forgotten Women
• Rishtey
• Bhavya Foundation
  
• Gender Human Rights Society
• Protect Indian Family Foundation
  
• Children's Rights Initiative for Shared Parenting
• Pati Pariwaar Kalyaan Samiti
• Save Indian Family Chattisgarh

Court asks Kumble’s wife to negotiate with former husband on daughter’s custody

A recent news:

Court asks Kumble’s wife to negotiate with former husband on daughter’s custody

From the news:
At this juncture, Justice Lodha asked Mr. Bhushan: “Has the girl shown any inclination to stay with the father? Why should you disturb? Why should you do something which may harm the child’s interest?”

1. The point which should also be asked is if the child has shown any apathy or aversion to idea of staying with father. In absense of that, it is violation of children's rights to deprive them company and affection of one parent, mostly fathers.

2. Isn't it highly presumptuous that disturbing of status quo in this matter will harm the child's interest. Also given that cases drag for so long in India, is the father to be solely blamed for 'disturbing' a certain status quo?

HC judgment:Follow provisions of Dowry Act strictly

A recent judgment of Chennai high court aims to reduce mindless harassment in name of law keeping:

Follow provisions of Dowry Act strictly, HC tells officials

From the news:
The petitioner, lamenting that police resorted to instantaneous arrests in case of dowry-related complaints, said that the force committed procedural violations in bypassing the mandatory provisions of the Act. Once a dowry complaint is received, police must communicate it to the dowry prohibition officers. As per Rule 5 of the Tamil Nadu Dowry Prohibition Rules 2004, the dowry prohibition officers themselves can receive, register and investigate complaints.

While so, the practice of police officials receiving complaints and straightaway seeking to arrest the in-laws has been continuing in the state, the petitioner said.

When the matter was taken up, the court was informed that the government had completed appointment of dowry prohibition officers in all the districts in Tamil Nadu.

Recording the statement, the judges said the officers must conduct surprise checks and discreet inquiries before taking appropriate action. Noting that the officers must ensure full compliance of the provisions of the Act.

When law keepers are hounded

Lokayukta in Bangalore, Karnataka is getting exasperated by lack of prosecution powers and yet they have to face false cases against their officers. Read news items below:

Let the government regularize corruption: Lokayukta

Cases being foisted against Lokayukta staff

This is the state of officers supposed to keep corruption under check. They do not have any powers of prosecution and have to take permission from state govt to prosecute the corrupt official. The permission takes it own sweet time. And now they have to face seemingly retaliatory criminal cases.

why-nyayabharat

I have started this blog as a sufferer of India's legal /justice system. But we do not give up so easily. So we hope to make things better and that a day sooner than later will come when everyone will get liberty, opportunity, equality before law, and justice without delays. Hence the name of this blog - NyayaBharat.

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