Approaching The Supreme Court Of India

I always believed that approaching the Supreme Court was a Herculean task. That I would need to hire an expensive lawyer and other misconceptions. The reality is different. It is with a view to providing easy and inexpensive access to the Supreme Court and giving legal advice that the Supreme Court Legal Services Committee (SCLSC) has been constituted under the Legal Services Authorities Act, 1987.

When can you approach the SCLSC?

You can approach the SCLSC in two situations:

1.You need to file or defend a case in the Supreme Court. This would include:

    • Appeals/Special Leave Petitions, Civil or Criminal, against an order of the High Court.
    • Petition for violation or enforcement of your fundamental right. This includes:
      • Habeas Corpus petitions- where a close friend or relative is missing or illegally taken away and whose whereabouts you do not know
      • Petitions challenging the legality of government action or inaction
      • Petitions challenging the legality of a legislation or order of government that violates your fundamental right.
    • Petition for transferring a case, civil or criminal, pending in one State to another State within India.

2. You need legal advice regarding your problem.

To file a case you need to fulfill certain eligible criteria. One of them is that you need to be a woman. If the Fundamental Rights of your family are violated by an officer of the law, be it a police officer or a magistrate, then get the women of your family to bring this to the attention of this committee.

Your mom will be the best bet for being eligible for aid as most of our moms are home makers with no sources of income. They’ve raised you to be a decent human being and have sacrificed a lot for us. Tell them that it just another battle as the laws have tied your hands and have deprived you of your ability to fight back.

Like all things in India, don’t expect this to be an easy process. All the same, from what I’ve seen of the Judicial system in India, the higher echelons of the Judiciary are untainted and disciplined. I expect that you’ll get a decent shot at justice.

For obtaining legal advice, you can call at the office of the SCLSC on any working day between 10.30 a.m. and 5 p.m.. Or you could send in a query by post, for which you should receive a reply within fifteen days. If the query is sent by e-mail, you could expect a reply sooner. Again, there are no charges for legal advice.

If you have any queries, you may contact :

The Secretary

Supreme Court Legal Services Committee
109, Lawyers’ Chambers,
Supreme Court Compound,
New Delhi-110 001

Ph. Nos. 23388313, 23073970, 23381257
e-mail : sclsc@nic.in

Here is the link to the site with the FAQ: http://sclsc.nic.in/faq.htm

Here is the link to the site index: http://sclsc.nic.in/

______________________________________

51 Responses to “Approaching The Supreme Court Of India”


  1. 1 Situ Mistry March 26, 2007 at 1:10 am

    this is a great aid…the main and only defense people have in a democratic society against oppresion is knowledge…this blog has laid it out so well….

    Like

  2. 2 arun March 7, 2008 at 5:54 pm

    sir, i would like to know the legal imprisonment and fine if my girl friend’s husband make a police complaint against me.

    Like

  3. 3 M.E. Reddy March 16, 2008 at 10:05 am

    Your question is extremely vague, and open to differing interpretations. Nevertheless, narrowing it down to the most likely (and smutty) scenario, I assume by “girlfriend” you actually mean a married LOVER … in a relationship that is NOT exclusively platonic … And, I gather by “police complaint against me”, you mean for the charge of Adultery.

    First, some relevant comments: If my assumption (above) is correct, you’ve been desecrating another man’s most cherished treasure, viz. his honor held in trust with his wife. OK, so what if the custodian of his honor happens to be a free-wheeling slut? You still took a crap on someone else’s prayer rug. Oh, you slime! You sleaze! You snot-ball! You … you … you … You lucky sonnafalitch! You’ve done what most men only dream of doing (and then they wake up apologizing!). Far out, Dude! How about some stroke-by-stroke details over a beer with the guys sometime? (Wink!).

    Now, as for “legal imprisonment” – “and fine”, it depends on which part of the world you’re in. If convicted by a Sharia Court, it could range from a swift beheading to death by stoning, or hanging. Or you could be of the lucky few and endure 100 strips from the whip or have your little pecker surgically shortened. At least you’ll have a chance to live.

    In India, adultery is also punishable up to 5 yrs. RI, but only for the male perpetrator. Flushing down the toilet any expectation of equity and fair play, Indian law (497 IPC) potentially encourages infidelity in women as she is not punished as an abettor. Perhaps our learned lawmakers are of the opinion that Indian sex is exclusively a “one-man-show”, a male ritual of primeval self-gratification, i.e., Indian women simply lie down passively, unresponsive, and nonchalant chewing “Paan” while the male partner hammers away his favorite beat on the “Tabla”. Could this be the reason why bored “Sathi Savitris” might discretely consider an occasional change of beat? After all, there’s only so much one can take of K.L. Saigal before being pushed onto Nusrat Fateh Ali Khan!

    Sifting thru’ the rhetoric, there has to be substantial evidence in aggravation, and not merely the accusation of an irate husband, that’ll get your ass thrown in Prison. The Police will first try and beat you out of a confession. If you don’t confess and don’t sign any statements, they will invent a “Voluntary Confessional Statement” and have it attested by two “impartial” members of the Panchayat (in the Police’s regular employ). You’ll be arrested regardless and remanded on authority of a perjured, exaggerated Police Report. You’ll later be out on bail trying to save face, looking for a new job, and having to finance a lengthy criminal trial.

    That was the GOOD NEWS! The BAD NEWS is, it is quite common to see the “girlfriend” doing a total turnaround and becoming the misguided wife again: the “innocent, gullible victim” fallen prey to your devious advances made under threats and coercion. Now, how does the charge of “RAPE” sound?

    A complaint alleging rape is a serious matter. Therein is created a cultural supposition that a woman of honor would not normally render her modesty to public scrutiny through a frivolous declaration of rape. But reciprocally, in all fairness, a man of honor would not normally jeopardize his integrity and stellar family reputation by engaging in this vile act. Nevertheless, prevalent societal attitudes here shift the burden of proof automatically to the accused, and the ‘Preponderance of Innocence’, a fundamental maxim of justice, is decisively lost. So much for the Indian Criminal “Justice” System!

    Here’s some friendly advice. Let’s be very clear of one important factor: THIS IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. First, get yourself a good, reputable lawyer. Someone ethical, who won’t be purchased by your accusers. This, just to hold the fort while you BRIBE YOUR WAY OUT OF THIS MESS with the Police. Bribe the irate husband (make him look like a freaking pimp!), and your “girlfriend”, presently, your ex-girlfriend. Lie to her! Lie. Lie. Lie! Promise her the stars (but give her the boot after this nightmare is through).

    And then, my sleazy friend: NEVER, NEVER, NEVER AGAIN piss in the wind toward another man’s domain! It will blow back on you.

    Good luck!

    Like

  4. 4 m ghouse March 8, 2009 at 11:08 am

    excellent web site.
    can i start asking you once my name is enrolled in your mailing list.
    frustrated with inaction at chennai high court reqeust for a copy of judgement.
    regds
    ghouse
    pls. assist
    from
    u.a.e.
    pls. reply

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  5. 5 murali krishna June 20, 2010 at 3:48 am

    sir,
    my brothers got married without intimating us in the year 2007 and we came to know the fact in the year 2008.

    his wife filed a false handwritten complaint, dated 10/apr/2010, against my family saying dowry harassment, domestic violence, and more over the hand writing doesn’t belong to her .

    even she threatens me for filing a non-bailable case under 498(a) against all the members of the family including a 7 year od girl( my nephew) , over the phone.unfortunately i doesn’t have the evidence to prove this and she is a very cunning and extreme lie-yer. she has a backup from her uncle (mother’s brother), who is a DIG of c.i.s.f.

    she never lived with us under the same roof, then how can she do this to us to take revenge on her husband.

    please help me to save my family.

    thanking you,
    murali krishna

    Like

  6. 6 ashu sharma July 30, 2010 at 8:36 pm

    sir i m sorry but i need u r help i m so tired about my wife becoz i m very embarrassing becoz she done a case in court against me .. regarding 498 i m middle class the reason of 498 becoz by misteack i done a second marriege in privet marriage hall but not with court registration becoz my first wife is having a not bad but she can’t try to understand me mujhe usne kabhi apne saath sex nahi karne diya ,,so i m tired that the reason i had done second marriage . after that she complain against me .n my second with and in fir she mentioned ki y mere sasuaral wale mujhe maarte hain mujhe mentali pareshan karte hain per maine kabhi use aankh uthakar nahi dekha mere marriage 12 dec2009 ko huithi or usne y likhwaya hain ki maine dusri shadi karli,,har month wo mere against main koi na koi case karti hain main dimagi taur se pareshan ho gaya hu y baat mainaap se isliye likhraha hun mujhe is pareshani se bachalijiye otherwise i’ll susite mere paas koi rasta nahi hain kyo ki mere gharwale bar baar police station jaakar rote hain hunhone kuch nahi kiya ,fir bhi wo ladki wale hamesha papa kahte hain hum tumhara saara kharcha dedenge to wo papawo blackmail.karte hain 8 lak rs they need uske baad hum hamare ladki ko divorce k liye kahenge papa ne karja lej\kar shadi ki hain ,,fir bhi sab lotne ki liye tyaar hain,,,plz hel

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  7. 7 ashu sharma July 30, 2010 at 8:45 pm

    in this case is it possible to take bail ..after complete this case if i’ll go to jail..becoz i m big son i hve so many responsibility to take care of my family so help me …now again she done a third case on my second wife 420 but before 8 days i was taken a divorce with my second wife ,,kyo ki use baar baar police or court k dhakke na khanepade ..so she taken a divorce so plz give me right suggestion

    Like

  8. 8 vikas August 26, 2010 at 10:38 am

    respected sir my brother marrid from punjab we r facing 498a from 2006 and girl given name of big brother and mother .after this case she file a 125 case. Our incom is not as as we go both all the date so give me advis how we can safe from this

    Like

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  37. 37 Chandra January 12, 2014 at 7:35 am

    I am a recent 498A victim and indeed the ‘survival’ guide help me to avoid arrest etc. Now I am fighting but wonder if this ‘destructive’ woman would try to lay hands on my property (a flat) under some pretext again misusing the legal framework in India. This is in Ahmedabad. I am overseas currently and the flat is empty but under lock and key. I am worried that she could break-in saying she also has a right, blah blah. The flat was acquired by me through my own earnings and efforts long before I was married to this witch.. Please help!

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    but my parents never said no to marriage.
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    if she refuses to leave her work, then they will ask me to leave the home ,marry and shift somewhere else and settle.
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    but i dont know why she became hyper and started talking rudely , saying your parents have problem with my job, they thnink they are so sophisticated and “izzatwale” . I will ruin your family’s izzat and i will sue you and your family , for raping and harassment. i will kill you all and commit sucide, i will make sure you ppl will come on road ( i have proof she said all this) ,.. i kept on saying her whats your problem when i am ready to move out with you.
    she started abusing my parents and i lost my temper and said u dnt want to listen to me…fine i wont marry and threw my phone…and it turned off . she thought i have backed off from marriage and came to my home within ours and asked about my family in my locality, came in my home and shouted , abused my parents and threatened to commit suicide either in my home or in locality..

    I really loved her …and even till last moment i ddnt said no…till she started abusing and misbehaving with my parents.

    now I dont want to marry her.
    I am afraid after marriage if she plans to take revenge on me and my family, she can sue us all in Sec498A . and then my whole family who have lived a simple life,will have to go through all traumas of jail,harassment,courts,lawyers, expenses and most important their prestige.

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  47. 49 Deep August 23, 2016 at 6:17 am

    My elder brothers wife filed a 498a against our family..after months of mitigation there was no settlement bcoz her father demanded unfair money from us..now suddenly two days back police from women cell came to our house and behaved unethical way.now we have applied for anticipatory bail..hope we can get it..I would like to know ways we can highlight the case in Supreme Court for all the injustice done to my family my police..also how can we reply back to this false dowry case legally..

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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March 2007
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