Showing posts with label allahabad HC. Show all posts
Showing posts with label allahabad HC. Show all posts

Sunday, November 13, 2011

Uttar Pradesh urges Centre to make Section 498A of IPC a bailable offence


Uttar Pradesh urges Centre to make Section 498A of IPC a bailable offence

Posted on: 11 Nov 2011 on jagran
Make 498A of IPC bailable: UP to Centre

Lucknow: In a bid check the misuse of the Section 498-A of Indian Penal Code (IPC) that came into force against accused in dowry cases and to save women from domestic violence, the Uttar Pradesh government has urged the Centre to amend this Section to make it a bailable offence.

Citing misuse of 498-A (Husband or Relative of Husband of a women subjecting her to cruelty) by unscrupulous women to extort money and to harass husband’s entire family, the state government has written a letter to the Central government seeking amendment.

Under 498 A, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

The matter was brought into light by Allahabad High Court during the hearing of a petition filed by Sanjeev Kumar. The High Court directed the state government to put forth its views on the misuse of 498-A.

Acting on the directives, state administration took review of dowry deaths and domestic violence in the state. It was found that from 2007-2010, more than 5500 cases of dowry deaths and 20,000 cases of domestic violence were registered.

In majority of the cases, kin of the victim filed an FIR against the husband and his family under 498-A of IPC as of which elderly, pregnant women and even juveniles were declared guilty. It was also found that in many cases allegations imposed by the victim and her family was totally wrong as there was no proof of any kind of physical assault. However, the husband and his family had to be put behind the bars in compliance with the rule.

http://post.jagran.com/uttar-pradesh-urges-centre-to-make-section-498a-of-ipc-a-bailable-offence-1321002676

Friday, July 16, 2010

Allahabad HC tells police to treat people with dignity

Allahabad HC tells police to treat people with dignity

 

 

New Delhi: The Allahabad high court (HC) has warned police against violating the dignity of people by detaining them illegally

The court’s Lucknow bench has taken exception to a practice in Uttar Pradesh (UP) in which innocent women and children are detained in police stations for days because they’ve witnessed crimes or are victims of crimes.

Justices Yogendra Kumar Sangal and Devi Prasad Singh sought that the criminal justice system be revisited so that people’s rights are protected and directed UP to pay Rs25,000 to Afreen Bano, who was illegally detained by police.

Afreen had married Sartaj against the wishes of her family, which lodged a police complaint leading to her detention.

After the court intervened, police revealed they had detained Afreen for a fortnight at a police station for women pending a medical report confirming her age.

When the state’s advocate general argued there was nothing illegal in keeping women and children at police stations, the court said authorities can’t use police stations for anything except for what they were meant to be used.

“In case police are permitted to do so [use police stations to detain people], it shall create a gallery to abuse the process of law,’’ the judges said. They directed the Mayawati government to set up children’s homes and nari niketans to house such people.
Afreen maintained she was an adult and therefore, her marriage was legal. But police did not accept her version. The medical report confirmed Afreen was an adult.

The court maintained that if police were allowed to detain somebody for a long time without a good reason, s/he would suffer social stigma.

It said in a country where more than 35% were illiterate and almost 40% poor, peoplewere not expected to know their rights.

Pointing out that the legacy of the British persisted even now and that “police are not treated as friend of the people”, the court said, “It is not easy for a common man to enter a police station and lodge an FIR. In case police are permitted to detain a person or a witness in its campus for any reason, it will increase chances of abuse and rights violation.”

The judges cautioned the government against sticking to unjust, improper and illegitimate methods in investigating criminal cases, as this will make people lose confidence in the state.

http://www.dnaindia.com/india/report_allahabad-hc-tells-police-to-treat-people-with-dignity_1410321