Woman - privileges

 

Stats of women in Prison

1. Women in prison - PIB MWoC
1. 2015
1. Total person in Jail = 4,19,623
2. Women in Jail = 17,834 ( 4.3%)
3. Under trail women = 11,916 ( 66.8% of women in Jail)
2. 2000
1. Women in Jail = 3.3% ( of all the person in Jail )
3. Age Group
1. 30-50 = 50.5%
2. 18-30 = 31.3%
4. Prisons
1. Total Prison = 1401
2. Exclusive for women = 18

Bail

1. 437 CrPC - Special Right of bail in favor of a person
1. < 16y or woman or sick or infirm - MAY be released on bail
1. BUT
1. person SHALL not be so released, if there appear reasonable grounds for believing that he has been guilty of a offence punishable with death or imprisonment for life.
2. Such person shall not be so released if such offence is a cognizable offence and he had previously convicted of an offence punishable with death imprisonment for life or imprisonment for 7y or more or he had been previously convicted on 2 or more occasions of a Non bailable and cognizable offence.
2. Provided that court may direct that a person referred to in clause (1) or clause (2) be released on bail 
1. if such person is < 16y  or woman or is sick or infirm
2. Provided further that court MAY also direct that a person referred to in clause(2) be release on bail if it is satisfied that it is just and proper so to do for any other special reason.
2. Article 51(c) Constitution of India
1. The state shall endeavor to 
1. foster respect for international law and treaty obligations in the dealings of organized peoples with one another.
2. Rule 64 of United Nations rules for treatment of women Prisoners and non custodial Measure for women offenders ( the bangkok rules ) - adopted on 21 dec 2010
1. non custodial sentences for pregnant women and women with dependent children shall be preferred where possible and appropriate
2. Custodial sentence being considered when the offence is serious or violent or the women represents a continuing danger and after taking into account the best interest of child or children, while ensuring the appropriate provisions has been made for the care of such children.
3. Pregnant women NEED Bail, NOT jail
1. Sacrosanct freedom of women in motherhood pro tanto.
2. Even if offenses are highly grave and accusations very severe - they still deserve temporary bail or suspension of sentence, extending to a year after delivery.
3. Even those who are convicted and their appeals closed also deserve similar relief
4. Good nutritious food in prisons may be given good health, it cannot substitute for good mental health.
1. Restraint and confined spaces cause mental stress to a pregnant woman giving birth in jail might cause tremendous trauma
5. Ill effects that a prison environment could have on a child born in jail
1. social hatred might follow, potentially creating ever lasting impact on mind whenever questioned about birth.
6. Case Law
1. Tin Sei Minthang Touthang Vs Officer in Charge Moirang police station, Manipur 2021 Cri LJ 19
1. HC Manipur granted bail to pregnant women carrying 7m pregnancy 
2. Despite accusations of involvement in a Huge quantity of Opium 
1. But NO bad antecedents
2. Rekha Vs State of Karnataka Cr Pet No 200107/ 2021
1. Case of causing death of 5 person
2. Karnataka HC granted bail - no allegations against her of overt acts and also because she was pregnant
3. State of Gujarat Vs Jadav Cr A No 652/ 2008 
1. Convicting in an appeal imposed the sentence on convicts for 7y for dowry death
2. Simultaneously suspended sentence for around 10m of a pregnant convict.

Pegasus Spyware

 

Important Points

1. Pegasus Spyware - product sold by Isreal NSO Group
2. Target list of phones hacked / to be hacked by Pegasus 
1. 136 numbers of politicians, judges, journalist, businessmen, rights activists and head of state in world including that of India
3. RS MP John Brittas moved SC seeking probe by SIT in Pegasus snooping
4. ML Sharma - seeking court monitored probe into pegasus snooping scandal

Law

1. A21 - Right to life and personal liberty
1. No person shall be deprived of his life for personal liberty except according to the procedure established by law
2. Autorized snooping - can be done in India Only by followin the procedures of lawful interceptions mandated by law u/s
1. Section 5(2) of Indian Telegraph Act 1885 
2. Section 69 of Information Technology Act ( Amendment ) 2000
3. Section 92 CrPC 
4. Rule 419(a) of Indian Telegraph Rules

UAPA

 

1. No trade off b/w protection of human rights and effective action against terrorism
2. Long term human right + democracy are best protection against terrorism
3. 
   

Case 

1. National Investigation Agency Vs Zahoor Ahmad Shah Watali - link 
2. UoI Vs K .A. Najeeb  - link
3. 
   

Source : 

1. https://www.livelaw.in/top-stories/democracy-dissent-and-draconian-law-livelaw-webinar-178074

OU3YDC - 2019-22 - 4th Semester

 

Date : 19th July  2021 

Class : ADR ( Alternate Dispute Resolution )

Faculty : S B Md Irfan Ali Abbas ( 98488 85394 )

Attendance :

Syllabus 

Date : 19th July  2021 

Class : CPC ( Civil Procedure Code )

Faculty : Rama Rao ( 97019 86054)

Attendance :

161/162/164 CrPC

 

Statute

• 161
• 162
• 164 CrPC
• Statement required to be recorded by a judicial magistrate under that particular section in due discharge of his judicial functions 
• as such the act of recording the statement was judicial act which was performed by a public servant while discharging judicial functions
• Document is relevant u/s Section 35 of IEA and also Section 72 of IEA ( assumes the character of being public document )

Important Points

• 164 CrPC
• Statement u/s 164 CrPC could not strictu sensu be said to be mere statement during investigation which could be treated a part of teh case diary
• It could never be put at part with a statement u/s 161 crPC and and as such it could never be said to be part of case diary

145 CrPC - Compliance with 161 CrPC 

Taslidar  Singh

AIR 1959 SC 1012 

Sensitive and sentimental women - sprit of revange 

Sharat B AIR 1984 SC 1622

Women have uncanny abitiy of women

AIR 1983 SC 446

Case Law

• Bashiruddin Vs Emperor AIR 1932 Allahabad 327
• Statements u/s 164 CrPC was public record and that was bound to be supplied to the accused on admissible cost if he had applied for it. 
• An accused is undoubtedly entitled to inspect statements of prosecution witness recorded u/s 164 CrPC
• Such statements can be used by the prosecution for corroborating the witness.

113 IEA

 Statue

1. 113A IEA
2. 113B IEA

Important Points

1. 113A 
1. Suicide u/s 306, 107 IPC 
2. Discretion of court to presume that husband has abetted suicide of wife
1. if wife died <7y of date of marriage
2. she has been subjected to cruelty 
3. Presumption u/s 113A can be drawn, however burden of proof of showing such offence has been committed is on prosecution.

Case Law

1. Hans Raj Vs State of Haryana (2004) 12 SCC 257
1. 113A IEA and Section 306, 107, 498A IPC unlike 113B of IEA, a statutory presumption does not arise by operation of law merely on the proof of circumstances enumerated u/s 113A
2. Prosecution has to first establish
1. Woman concerned committed suicide within < 7y of marriage
2. Husband has subjected her to cruelty
3. Even if above 2 facts are established the court is NOT bound to presume the suicide has been abetted by her husband.
2. Pinakin Mahipatray Rawal Vs State of Gujarat ( 2013) 10 SCC 48
1. Though presumption u/s 113A can be drawn, the burden of proof of showing that such offence has been committed by accused u/s 498A is on the prosecution. 

Criminal Appeal

 

Statute

Important Points

1. SC - deprecated the practice of Hight Court in disposing of criminal appeals without recording reasons in support of its decision.

Case Laws

1. Reason shall be provided while disposing criminal appeals
1. State of Punjab Vs Jagdev Singh Talwandi (1984)) 1 SCC 596
2. State of Punjab Vs Surinder Kumar (1992) 1 SCC 489
3. Zahira Habibulla H.Sheikh Vs State of Gujarat (2004) 4 SCC 158

498A IPC

 

Statue

1. 498A IPC - Whoever being the husband or the relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to 3y and shall also be liable to fine
2. Explanation - For the purpose of this section "CRUELTY" means
1. any wilful conduct which is of such a nature as is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health ( whether mental or physical ) of the woman; or
2. harassment of the woman where such harassment is with a view to coercing her or any person relating to her to meet unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Important Points

1. Arguments in favor of accused
1. Long marriage
2. While living with her in-laws and husband was able to prepare herself for competitive examination and succeeded and is now working in Bihar Government as Deputy Collector, which could have only been done with the cooperation of the family. ( Cr Misc No 24423/ 2004  Dinesh Kumar Lal Vs State of Bihar - High Court of Patna
3. Exaggerated allegations, no previous allegations against her in laws 
4. Parents and relatives staying away , adding relatives and entire family to harassment 
2. Arguments against accused
3. Girl friend is not relative and cannot be accused in 498A case

Case Law

1. U.Suvetha Vs. State  (2009) 6 SCC 757, 
1. held that persons who can commit offence under Section 498-A IPC are husband and relatives only. Girlfriend, being not a relative, cannot be charged under Section 498-A IPC.