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Sexual Offenders Registry For Law Enforcement Agencies

Courtesy/By: SANJEEV SIROHI  |  26 Nov 2018     Views:4637

It is most gratifying and satisfying to learn that from now onwards victims of online sexual abuse can report the same anonymously from their homes without bothering to run from pillar to post and pleading with police to lodge their report! The first-of-its-kind national sex offenders registry was launched on September 20. It was widely reported in many newspapers that this national sex offenders registry has the names and details of some 4.4 lakh people convicted for various sexual offences across the country.

                                        It is beyond a straw of doubt that the real credit for taking this landmark initiative goes to Union Home Minister Rajnath Singh who took active personal interest in ensuring that  a dedicated portal, cybercrime.gov.in is launched at the earliest to receive online complaints pertaining to child pornography, child sexual abuse content and sexually explicit material depicting rape or gang rape. It was pointed out that, “This will not only aid the victims/complainants but also help the civil society organisations and responsible citizens to anonymously report such complaints. The complaints registered through this portal will be handled by police authorities of respective State/UTs. There are other features such as a victim or complainant can track his/her report by opting for ‘report and track’ option using his/her mobile number.” The Home Ministry also operationalised a second portal carrying national database on sexual offenders. It must be clarified here that the sexual offenders registry which already has 4.4 lakh entries of those convicted in cases of rape, gangrape, POCSO, eve-teasing etc, will be accessible only to law enforcement agencies.

                                       It must be brought out here that the database is for those convicted for sexual offences from 2005 onwards. It includes the PAN, Aadhaar, name, address, information of date of birth, criminal history, palm prints photograph, fingerprint details and various other details of the convict. It will only have details of persons who are aged 18 or more.

                                           To be sure, a Home Ministry statement said that the database would not compromise any individual’s privacy. In other words, the database will not be open to public viewing, thus protecting the individual’s privacy. Whenever the details of a convict are entered into a prison database anywhere in the country, the name will be uploaded to the registry. Appeals against a conviction will have to be updated by state prisons and an accused can be tracked until an acquittal on appeal.

                                      It would be imperative to mention here that India became the ninth country in the world to have a National Database on Sexual Offenders (NDSO), accessible only to law enforcement agencies for the purpose of “investigation and monitoring”. It must also be mentioned here that similar databases of sexual offender are maintained in the US, the UK, Australia, Canada, Ireland, New Zealand, South Africa and Trinidad & Tobago. While the registry in the US is available to the public and communities except data on juveniles, other countries limit access only to law-enforcement agencies. Everywhere, only convicted persons are entered. The US law owes its genesis to a case which involved Jesse Timmendequas who was a convicted sex offender and who on being released after serving the maximum sentence again raped and murdered a 7-year old most brutally!

                                 No wonder, the community members became agitated and then successfully lobbied for the enactment of a law requiring registration and public notification that a sex offender is living in the community, in the belief that this would allow citizens to take protective measures. Again, no wonder that since then we saw how all the US states have passed their respective similar legislation which is collectively referred to as “Megan’s Law”. This is now being adopted even in other countries as well and even India too is not an exception!   

                                   As things stood, the proposal to set up a registry was first mooted by the UPA government after the 2012 Nirbhaya gangrape case in New Delhi. But it was Rajnath Singh who as Home Minister has pursued it relentlessly and ensured that it becomes a reality for which he certainly deserves all the credit!  

                                 While craving for the exclusive indulgence of my esteemed readers, it must be informed here that the ‘Cyber Crime Prevention Against Women and Children’ (CCPWC) portal is user friendly in that it enables reporting of sexual abuse in cyberspace without the complainant having to reveal his/her identity. The online forum is expected to encourage victims, civil society organizations and concerned citizens to report child pornography, child sexual abuse, sexually explicit clips shot with or without consent of the woman as well as rape videos. It was seen that victims often desisted from lodging a complaint of online sexual abuse for fear of disclosing their identity but now their concerns have been addressed adequately!

                                           For esteemed readers exclusive indulgence, it must also be revealed here that the Criminal Law Act, 2018 also provides for a national registry of sexual offenders. It will be maintained by the National Crime Records Bureau (NCRB). State police forces have been specifically asked to regularly update the database from 2005 onwards. This will help keep track of released convicts who have moved from one place to another.

                                 Be it noted, the database will be stored for 15 years for those posing low danger, 25 years for those posing moderate danger and lifetime for habitual offenders involved in violent crimes like gang-rape. This is truly a commendable and courageous step in the right direction! Critics have been kept at bay and very rightly so!

                            As it turned out, Union Home Minister Rajnath Singh said at the launch of the portal carrying national database on sexual offenders that the government had taken several measures to check crime against women and children, including providing for stringent punishment and creating modern forensic facilities to improve investigation, creation of the women’s safety division in the MHA and launching of safe city projects. Rajnath rightly pointed out that challenges must be overcome by the police at the ground level to ensure speedy justice to the victims. There can be no denying it!

                                To put things in perspective, while launching the data abse, Union Women and Child Development Minister Maneka Gandhi expressed concern over sexual assaults in children’s shelter homes and increasing incidents of NRI grooms abandoning their brides. Even the Supreme Court too just recently expressed its utmost concern over the terrible violence and sexual assaults perpetrated on children in the shelter homes in states like Bihar and Uttar Pradesh! Who can deny or dispute it?

                                 Simply put, Maneka Gandhi then asked the police force to keep a close watch on such crimes and the arrest of culprits. She also raised the issue of States not responding to a letter sent by her Ministry for procurement specially designed forensic kits that would help in tamper-proof  collection of evidence leading to better conviction in such crimes. Responding to Maneka, Joint Secretary of the Home Ministry Punya Salila Srivastava said that as many as 79 lakh rape kits were in the process of procurement and distribution across the country.

                                   Going forward, Maneka Gandhi also while voicing her serious concern over increasing violence in shelter homes said that, “Twenty to thirty percent of sexual assaults take place in shelter homes. In Muzaffarpur in Bihar, the head of a shelter home allegedly sexually assaulted several children, but he was not arrested immediately.” Not just this, she also pointed out that, “There was a tunnel from the shelter home to his residence. That means the crimes must have taken place in his residence. I appeal to all DGPs to keep a close eye on all shelter homes of women and children in their jurisdictions.”     

                                All said and done, the opening of the sexual offenders registry is not just timely but also terrific because we have seen for ourselves how the sexual crimes like rape, gang rape, stalking, voyeurism and aggravated sexual assault are on a rapid rise! It is a  matter of grave concern that the latest NCRB data clearly depicts a 12% rise in rapes between 2015 and 2016 and most worryingly the majority of offenders are well acquainted with the victims! It merits no reiteration that it is here that the list can definitely help the investigation and monitoring process as well as work as an effective deterrent also!

                               Of course, all the valid concerns must be addressed properly right now. It must be ensured that the data is not misused for other purposes! The process of categorizing offenders must be clearly spelt out. As for instance, the parameters to be adopted in deciding that which rape or any other crime incident is more heinous than the other etc. Finally and most importantly, it must be ensured that this registry does not tarnish a person’s reputation to tatters just because of his past conduct to the extent that even if he reforms after serving his legal sentence still he is branded as a criminal and always harassed until he dies! Concerns raised by Bharat Ali of HAQ Centre for Child Rights must also be taken on board. He said clearly and convincingly that, “Once such a registry comes into being, I am concerned that it might lead to people not reporting rapes or sexual offences, because most of them are by people known to the victims.” This is moreso because NCRB data of 2015 states that out of 34,651 reported rape cases, 33,098 were committed by people known to the victims!


Courtesy/By: SANJEEV SIROHI  |  26 Nov 2018     Views:4637

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Karnataka High Court on the condition of Roads...
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RBI Changes Features Of New Currency Notes. Bombay...
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Interest Of Victim And Society At Large Must Also ...
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Abolition of Colonial Decorum in Courts...
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ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
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Review And Reconsider Conviction And Sentencing Of...
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Plaintiff Cannot Be Forced To Add Parties Against ...
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Biggest Slap By ICJ Directly Right On The Face Of ...
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Non-Appointment Of Judges Affects Speedy Justice: ...
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Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1823
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1975
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1470
Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1359
Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
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Ban Advocates From Carrying Weapons Inside Court P...
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Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
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Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1696
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:5064
SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
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Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
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No New Appointments To Be Made From In-Service Can...
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Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3560
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Long Pendency Amounts To A Special Reason For Impo...
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Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3251
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2493
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2741
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2818
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2088
A Judicial Officer Is Not An Ordinary Government S...
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Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Mutual Consent Divorce Procedure in Chennai Family...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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SLP Against Death Sentence Shall Not Be Dismissed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
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Aadhaar Held Mandatory For Government Subsidies An...
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Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3840
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Court Must Not Go Deep Into The Matter While Consi...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
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NDPS Bail Conditions Discriminatory, Irrational An...
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People Without A Degree Performing Surgeries: Utta...
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MP HC To Debar Members/Office Bearers Of Bar Counc...
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Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2180
Delhi HC Quashes Govt Notification Revising Minimu...
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Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2463
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2431
Courts Must See That The Public Doesn’t Lose Con...
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UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:2020
Enact Law For Safety Of Soldiers Of Jammu And Kash...
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SC Advocates Creating A Special Law Against Lynchi...
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Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3260
Uttarakhand HC Recommends Govt To Enact Legislatio...
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High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2384
Uttarakhand High Court Passes String Of Directions...
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SC Finally Decides Master Of Roster Case...
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Stone Pelters And Terrorists Have No Right To Life...
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Remove Designations Like Police, HC, Journalist, A...
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Why Centre is Providing Security For Separatists B...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
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Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
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Women Governed By Muslim Personal Law Can Invoke P...
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Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1683
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1819
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1597
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1682
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2164
Why Has Stone Pelting Been Legalised In Kashmir?...
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Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1626
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1602
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1607
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
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