Alien Torts Claims

This is for the NRIs whose families are held by Indian cops to extort money from them.

You can read about this here: Alien Tort Claims Act

Here is an article in Time magazine that will give you more info

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Police Organization And Criminal Justice Procedures

Here is a pdf put out by CHRI. I cropped it to just include the relevant parts and I have highlighted them as well.

This document details the procedures to be followed  in a criminal case.

Here is the document:  Police Organization And Criminal Justice Procedures

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Links To Articles On The Indian Police

Here are some links:

• CHRI on police reforms
• An article on police accountability by GP Joshi
• An article on the achievements and failures of the police
• CHRI guide to the Indian Police Force

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Websites of Police Depts

Here is the link:  http://india.gov.in/citizen/police_st_ut.php

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RTI Basics, Info, And Templates

I compiled the information from various sources. HT and TOI get a big chunk of credit for this.

Click on the link below to download an  RTI Request application:

Download an RTI Application Form

This form has the address of the AP Police’s PIO as an example only.

The Indian Supreme Court has ruled that RTI is a Fundamental Right.

Here is a link to the judgment.

Here is an excerpt from the judgment:

[SUPREME COURT OF INDIA]

People’s Union for Civil Liberties and another

v

Union of India and others

S. B. Sinha

06 Jan 2004

“Right of information is a fundamental right under Article 19(1)(a) of the Constitution. The State under Clause (2) of Article 19 of the Constitution, however, is entitled to impose reasonable restrictions inter alia in the interest of the State. How far and to what extent the same should be balanced is the question involved in these appeals which arise out of judgments and orders dated 30th January, 1997 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 1785 and 1792 of 1996”

Remember this ! The Govt authority needs to provide information within 48Hrs if rights under life and liberty are affected. An RTI is a useful weapon if your loved ones are being held by the police.

• Tips For Filing RTI For  IT Returns Of The Wife
• Tips For Filing An RTI To The Police in 498A Cases

Here are some links:

• http://www.persmin.nic.in/
• Central Info Commission
• RTI Portal
• NCPRI Website (Contains more samples of RTIs and Appeals)
• CHRI RTI main page. They have interesting stuff on police reforms.
• Indiatogether RTI Page
• Parivartan Home Page
• Sakshi Trust
• NDTV RTI Page
• RTI FAQs from GOI
• RTI Act 2005
• List of Public Information Officers:
  • By State
  • Central Govt

Here is the document that gives you the basics on filing an RTI: RTI Basics

RTI presentation from GOI: RTI Presentation

NCPRI RTI Primer: NCPRI RTI Primer (12Page version)

Here is a template for the RTI for the police: RTI Template For The Police

Example of an RTI: RTI Example

You will find more templates at this website: Protect India Family Foundation

Here is the document that details the complete act: RTI Act 2005

Here is another document: CHRI Guide to using RTI

Here is another doc from Transparency International: Using RTI To Fight Corruption

RTI links from the Pondy police website. They have forms etc: Pondy police RTI

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News On The Judiciary

The secret is out in the open.

I will be posting all news items relating to the Judiciary under this section of the blog.

Here is the first item that says that 36% of Indias bribed someone within the Judiciary.

Here is the link : http://www.expressindia.com/fullstory.php?newsid=87139

Here is an article on a book by Justice Sodhi on Judicial politics.

Here is the link from TOI

The NCPRI is running a campaign for judicial accountability and reforms. Here is a doc prepared by them:

Campaign For Judicial Accountability

Justice Dhingra in Action again:

Delhi HC hauls up the minions of the judiciary

 Dr Abdul Kalam on the judiciary: Shortage Of Leadership with nobility. Courts to the rescue

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Bombay HC 498A Divorce Appeal Judgement

Here is the judgment:   Bombay HC 498A Divorce Appeal Judgement

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A Force Of Corruption

Ok folks, looks like today ain’t the day for the police. Just found too many articles to ignore.

Here is another: A Force Of Corruption

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Articles On Indian Police By Dr Arvind Verma

Dr. Arvind Verma

Associate Professor
Ph.D., Simon Fraser University, 1996

Homepage

Dr Arvind Verma is an Associate Professor in the Department of Criminal Justice and Associate Director of India Studies Program at Indiana University, Bloomington (USA). His research interests are in Policing; Criminal Justice Policy Issues, Indian Police, Research Methods, Mathematical Modeling, and Geographical Information Systems. He is the Managing Editor of Police Practice and Research: An International Journal, and consultant to the Bureau of Police Research and Development, Government of India.

His recent publications [some jointly] include Police Mission: Challenges and Responses published by Scarecrow Press; “Technological Applications for the Police” Indian Police Journal; “Consolidation of the Raj: Notes from a Police Station in British India: 1865-1928” Criminal Justice History; “Teaching Police Officers Human Rights: Some Observations” International Journal of Human Rights and “A Topological Representation of the Criminal Event” Western Criminology Review.

Here are some articles by Dr Arvind Verma. All are from IndiaTogether:

• A Uniform Betrayal
• Myths About Police Work 
• Reporting The Crime
• To Serve And Protect
• The FIR Mechanism
• Fighting Crime On The Tracks
• Rescuing The Police Force
• Cultural Roots of Police Corruption in India
• The Indian Police, A Critical Evaluation: This is a book authored by Dr Arvind Verma and reviewed by Dr Subramanian IPS

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Torture By Police Is Frequent And Deadly

I wish The Indian Police force sheds its colonial era task of keeping the masses in line with torture and instead does so as an effective police force.

I just saw this article and I am posting it with reservations. The police play a significant role in this extortion racket. I just wish that they stop hiring themselves out as goons.

I hope this happens in my lifetime. Anyway, so much for my musings,

Here is the link:

Here is the pdf in case the link becomes inactive: Torture By Police Is Frequent And Deadly

Amnesty International On police torture and remedies(pdf)

Here is the pdf of the judgment: Judgement: Shakila Abdul Vs Vasant Dhoble: Sept 2003
DK Basu vs State Of West Bengal is considered to be the landmark judgement to prevent custodial deaths. Here is an Explanation of DK Basu Vs State Of WB

Here are the landmark judgments:

1. D.K. Basu Vs State Of W.B: (1997)

2. Joginder Kumar Vs. State Of U.P.25/04/1994

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Mother In Law Kills Herself

The daughter in law is the duaghter of a police officer.

Here is the article from The Tribune.

Here is the pdf if the link becomes inactive: Mother In Law Kills Herself In Chandigarh

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Articles 21 And 32 Of The Constitution Of India

Here is a link to the Constituion Of India.

There are two Fundamental Rights that will be useful in fighting 498A.

Here they are:

PART III

FUNDAMENTAL RIGHTS

Right to Freedom

21. Protection of life and personal liberty.- No person shall be deprived of his life or personal liberty except according to procedure established by law.

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 PART III

FUNDAMENTAL RIGHTS

Right to Constitutional Remedies
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, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of (3) Without prejudice to the powers conferred on the Supreme Court by clauses (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 Constition.

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How To Catch A Cheating Wife Or Husband

Someone left me a comment on the blog with the link to this site:

http://www.signsofacheatingspouse.net/

The links are messed up, but I added it here ad adultery is a common cause for filing a 498A.

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The Difference Between 498A and 304

This is an article by Varsha Bhosle in Rediff.

Here is the link:

http://www.rediff.com/news/1999/feb/04varsha.htm

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AP HC Quotes Dowry Prohibition Act In 498A Quash Judgment: 2005

Here is the judgment: AP HC Quotes Dowry Prohibition Act In Judgment: 2005

Here is the definition from a judgment of the AP High Court:

Dowry Prohibition Act

3. Penalty for giving or taking dowry:- (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than [five years.]

[(2) Nothing in sub-section (1) shall apply to, or in relation to,-

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such present are entered in a list maintained in accordance with the rules made under this Act:

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]

[4. Penalty for demanding dowry:- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

Feminism: The Six Frauds

Here is an interesting article:  Feminism: The Six Frauds

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Delhi HC Hauls Up The Lower Judiciary

Here are two petitions upheld by the Delhi HC. In both cases, the magistrates of the lower courts summoned the respondents without a basis and the High Court took cognizance and set things right.

Here are the judgments:

• Delhi HC Hauls Up The Lower Judiciary-2007
• Delhi HC Hauls Up The The Lower Judiciary-2003

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PMO Official Accused Of Domestic Violence By Wife

I am overjoyed. I hope that this is a case of the abuse of the law. This will bring home to the babus, the reality we all face.

You can read about this bio data here: http://persmin.nic.in/ersheet/MultipleERS.asp?HiddenStr=01JK008600

Here is the link to the article from The Hindu.

If the link is not functioning, here is the pdf: PMO Official Accused Of Domestic Violence By Wife

Shaleen Kabra, an IAS officer, got out easily. Click here to read the conclusion of this story.

Here is a pdf of the same

Here are the judgments. The case went to the Delhi HC which upheld this verdict:

Shaleen Kabra DV Act Judgment:

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Misc SC And Delhi HC Judgments

Here are some miscellaneous judgments.

• Miscellaneous SC Judgments(1.4Mb)
• Delhi HC Judgments On Maintenance
• A Judgment On Jurisdiction (1963)

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Delhi HC Quashes A 498A Against A Sister: Mar 2007

Here is an excerpt:

“Lately, a tendency has emerged to set the criminal law into
motion, either to settle scores, or to seek quick fix solutions to essentially
civil disputes”

Expect another tirade by Indira Jaising in the near future ..

I’ve been sloppy of late, just very busy and tired. Bear with me !

Here is the judgment: Delhi HC Squashes A 498A Against A Sister: Mar 2007

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