Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

What to do with the female oriented laws??

Page no : 3

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

"Misuses of Law" and "Biased Law" are completely different fact though it has interconnection.

 

Biased law increases its misuses

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

Adding the link bellow for more interest.

 

https://www.lawyersclubindia.com/forum/How-many-of-you-are-planning-to-fight-your-cases-in-person-104564.asp#.U9e9DECm9dg

Biswanath Roy (Advocate)     29 July 2014

@ Mr. Roocky Smith,

Vide my say posted  9 days ago which is significantly indicative to solve your alleged female oriented laws. Crying in the air signifies a child like behavior

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 July 2014

Mr. Roy,

 

I am not crying. I am just sharing my knowledge with others and preparing for PIL. My experience is very less compared to you.

 

Could you please post a sample petition of the said PIL in this thread ?

And also some sample citations and rules (If you have) in this thread ?

This will help lot of people. Thanks in advance.

Sudhir Kumar, Advocate (Advocate)     30 July 2014

Originally posted by : Rocky Smith

"Misuses of Law" and "Biased Law" are completely different fact though it has interconnection.

 

Biased law increases its misuses
 

I agree. All laws are misused but in case of biased law chances are much more. There are scores of biased laws in many fields.

Sudhir Kumar, Advocate (Advocate)     30 July 2014

In support of the views of Mr Rocky Smith I refer to a live thread at


https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U9hylUBvdG1


But inspite of seeing such example still believe that such like laws are there because they were needed.  If the need for these laws is removed from society (like the example I gave of Anti Sati Law).  These laws will become redundant.

 

Rightly observed by Mr Roy that parliament is male majority but still these laws are there. In Pakistan there is woman reservation in parliament but there are no such laws.

Sudhir Kumar, Advocate (Advocate)     30 July 2014

Notwithstanding my views I will still be happy if Mr Rocky Smith intends to file any PIL on the issue either himself or helping another person.

Biswanath Roy (Advocate)     31 July 2014

@ Mr.Rocky Smith,

In the original query of Gunjan the subject matter is not identical to yours although it has some similarity. However ,I PRESUMED from  your request  that your knowledge lacks character of Constitutional laws in India.  If you want to place your grievances before the Apex Court through a PIL, you must know the meaning of PIL first, then you shall have to know who can file the PIL and under what circumstances such petition can be filed. Then how such petition can be drafted and what will be the ingredients and how to high light its objectives and lastly what appropriate relief you can pray for. You  must know also the pitfalls  to avoid dismissal of your petition.  I am afraid, it will be a hard task for me to narrate all the above said  requirements in this short space. But , I AM GIVING YOU SOME TIPS, such as PIL means Public Interest Litigation . The meaning of PIL is not defined in our Constitution, or General Clauses Act or in any other Statutes in India. Therefore , the meaning of Public Interest will be in accordance to legal parlance viz., Stroud's Judicial Dictionary, Black's Law Dictionary and meaning of public interest litigation as explained by Hon'ble Mr. Justice Pandian ( as he was the then ) in the case of Janata Dal Vs. H. S. Chawdhury reported in AIR 1993 SC 892. in this context I state The Council for Public Interest Law st up by the Ford Foundation in U.S.A. has given its broad definition; namely,- "Public Interest Law is the name that has recently be given to efforts to provide legal representation to previously unrepresented groups and interests.  Such efforts have been undertaken in the recognition that the ordinary market place for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the poor environmentalists, consumers,racial and ethnic minorities and others"

The primary and dominant object of Public Interest Litigation (PIL) is to ensure observance of the provisions of Constitutions and preservation of Rule of Law.  This can best be achieved by relaxing and liberalising the rule of standing and by allowing any person, association or organisation acting bonafide and pro bono publico to approach a court.  A Writ petitioner who comes to a court in PIL  must come not only with clean hands, but also with clean heart, clean mind and clean objective.  It is the duty of the court exercising extra-ordinary jurisdiction to ensure that its process is not abused by unscrupulous litigants under the attractive label of PIL.

ARTICLE 32(1) of the Constitution guarantees the right to move the Supreme Court by appropriate proceedings.  It however, does not say as to who shall have the right to move the court nor does it say by what proceedings the court may be so moved.  The expression 'appropriate proceedings'  has not been defined in the Constitution. The Supreme Court Rules,1966, no doubt provide as to how a petition is filed under Article 32 of the Constitution..

There are good number of cases of PIL decided by the Supreme Court of India  and different High Courts under Article 226 of the Constitution of India so it is not possible for me to supply you references of those cases. 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 August 2014

Thanks Mr. Roy for you valuable advice.

I am preparing for this by managing time from my tight job schedule.

In PIL we should not state any personal matter.

Biswanath Roy (Advocate)     01 August 2014

@ Mr. Rocky Smith,

If you file PIL  highlight that the female protection laws like sec 498A IPC and Domestic Violence Act are being misused  at Random  by some scrupulous wives and their families with the ill intent of extorting monies and properties from their innocent husbands and their families  To plug such misuse of law by a section of the society it is needed to fix up a certain period say six months time to dispose up such cases otherwise the cases will be treated as dismissed.

1 Like

T. Kalaiselvan, Advocate (Advocate)     02 August 2014

I totally agree with all the views and opinions rendered by expert and senior learned counsel Mr. Biswanath Roy Si, and I admire at his experienced skill to the core in its finest shape and evergreen. Thanks Sir, blessed are we to have your very valuable advises on variety of legal issues, may your service to the mankind continue for ever.

1 Like

Biswanath Roy (Advocate)     02 August 2014

THANKS TO MY LEARNED FRIEND Mr. KALAISELVAN for appreciation of my services to the querists in this platform. Be it noted that I am going to participate in a CONVENTION organized by THE BAR ASSOCIATION OF INDIA on September 13 - 14, 2014 at India Habitat Center, Lodhi Road, New Delhi to discuss the subject " GEARING UP OF THE LEGAL PROFESSION AND THE JUSTICE SYSTEM FOR A RESURGENT INDIA "  as a Participant.  In this CONVENTION Hon'ble Shri R. M. Lodha, Hon'ble Chief Justice of India will be present.along with other legal luminaries  where I shall discuss the matter of misuse of female protection laws and its impact upon the innocents and males in our Society with them and shall convey the same to the experts.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

Dear Mr. Roy Sir,

 

Thanks for your kind heart for our great nation. If expert like you come forward then these biased will wash way.

 

I am straggling to make the petition of PIL. If any experts in this forum have any useful links then please share. Thanks in advance.

Sudhir Kumar, Advocate (Advocate)     17 August 2014

Originally posted by : Rocky Smith

Dear Mr. Roy Sir,

 

Thanks for your kind heart for our great nation. If expert like you come forward then these biased will wash way.

 

I am straggling to make the petition of PIL. If any experts in this forum have any useful links then please share. Thanks in advance.

My ideas are radical to your ideal.

 

You believe that all 498a cases are false.

 

I believe that all of them are not false.

 

You feel the law should be scrapped.  I feel it is pious and came on papers because some persons compelled their necessity.

 

I believe every law is misused but in case of these law the tragedy has been that it is really difficult for real victim to be convinced to come to CAW. On the other hand the misuse had been large that these is the only law of the world whose accused form association.  I also believe that some real culprits may be benefiting from this atmosphere.

 

I do not know to what extent you agreed with me. But still I cannot 100% disagree with you. Why I cannot 100% disagree with you because there are examples to prove that your views are not 100% wrong.

 

Notwithstanding  contradiction of views I feel like helping you in collection of your data as appeal.

 

I feel you can visit  threads which give blatant example for correctness of your view and perhaps may be good material for data you are collecting for the PIL.

 

https://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U_BbzqOO5G1

https://www.lawyersclubindia.com/experts/regarding-125-maintainance-490491.asp#.U_BeqqOO5G0

https://www.lawyersclubindia.com/experts/Short-dates-in-court-489926.asp#.U_BevaOO5G0

https://www.lawyersclubindia.com/experts/Character-assassination-by-husband-487291.asp#.U_Be2aOO5G0

arun bidlan (operator)     29 August 2014

i salute to u mam.......arun bidlan  08607171741  

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register