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  • Why No Death Penalty For Gang Rape In India?

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Why No Death Penalty For Gang Rape In India?

Courtesy/By: Sanjeev Sirohi  |  07 Dec 2019     Views:1691

Legal Article

Why No Death Penalty For Gang Rape In India?

                                                “Brother, please save me, I don’t want to die. I want to live. Those who have done this to me, I want to see them getting a death sentence.”

                                           These were the most emotional last words of Unnao gang rape victim who was brutally gang raped in March and when police allowed those gang rapists to be released on bail then they decided to burn her while she was on her way to attend the court hearing pertaining to this gang rape case as they were hundred percent convinced that the judiciary of India does not hang gang rapists and it is only once in 15 years that a poor Dhananjoy Chatterjee who could not afford fees to hire lawyers and whose petition was drafted by Tihar jail prisoners is hanged and so the chances of very easily escaping from strict punishment are quite bright! Every Indian will get moved to read what this Unnao rape victim said before dying! What was her fault? That she was a women?

                                     Why are rapists released on bail for some time as we saw in case of Unnao gang rape case? Why no security is provided to the victim who was raped? Why the life and safety of victim is not cared for by police as we saw most unfortunately in Unnao which resulted in accused burning her 90% which led to her death later? Why should the strictest action not be taken against all those police cops who ensured that the accused were out on bail and who ensured that gang rape victim got no security?

                                Should we be proud of our legal justice system which operates at an excruciatingly glacial pace and makes sure that those who commit rape and gangrape coupled with murdering the rape victim by either setting them ablaze as has nowadays become the latest fashion or in some other manner in some cases? All the Judges of Supreme Court, ex Judges, ex-CJIs, legal giants like K Parasaran, Soli J Sorabjee, Kapil Sibal, Harish Salve, Mukul Rohatgi, etc must ponder over it and think of ways by which the waning public faith in our judicial system is restored! If the public faith is destroyed then people will start taking law in their own hands to deliver “instant justice” which can never be good for our country!    

                         It is most shocking that the incidents of not just rape but even gang rape followed by setting ablaze the victim is increasing very rapidly in our country as we saw most recently in Unnao, Hyderabad and many other cities but still we don’t get to read gang hanging! Are gang rapists immune from death penalty? Why is it that under our penal laws there is no mandatory death penalty for gang rape?

                                          Why is it that under our penal laws there is no mandatory life imprisonment also for gang rape as stipulated in Section 376D of the IPC? Why the punishment for gang rape as stipulated in Section 376D of the IPC is “shall not be less than twenty years but which may extend to life”? Why this “discretion bomb” in form of “may” is inserted in Section 376D dealing with gang rape?

          Should this “discretion bomb” not be defused promptly by removing it and providing for “mandatory death penalty” considering the irrefutable fact that gang rape incidents are increasing alarmingly in our country followed by even gang burning of gang rape victims as we saw most recently in Unnao and earlier in Hyderabad with a 26-year-old veterinary doctor? Can gang rape be justified under any circumstances? Why then do we see that there is no mandatory death penalty for such offences?

                                  Why different punishment prescribed for gang rape on woman under 16 years of age as prescribed in Section 376DA and that on woman under 12 years of age as prescribed under Section 376DB of IPC? Why only life imprisonment under Section 376DA and not death? Why option of life and death in Section 376DB of IPC? Why not mandatory death penalty?

                                Why even for repeated offenders there is no mandatory death penalty and why the option of life term is added simultaneously in Section 376E of IPC?  All these escape routes must be closed now forever so that rapists are never able to take advantage of the loopholes in our legal system anymore now! But are our politicians, lawmakers and Centre ready to do this or will they be happy with just face saving exercise and lip service? Only time will tell!

                                         Why is it that about 15 to 16 years ago a poor rapist named Dhananjoy Chatterjee was hanged for rape-cum-murder of a Class XI girl in 2004 and that too on circumstantial evidence alone but no gang rapists are hanged ever? How many times have gang rapists been hanged in our country? Why are they not hanged?

                              Why gang rapists who even murder their victim as we saw in Nirbhaya case are not hanged till now? Should we keep feeling proud that just one poor Dhananjoy Chatterjee whose petition was drafted by prisoners of Tihar jail as was pointed out by senior Supreme Court advocate Colin Gonsalves was hanged about 15 years back in 2004? Should we not feel ashamed that many thousands of rapists cum killers escape death penalty by exploiting the legal loopholes in their favour?

                                    Should we feel proud that since then not a single rapist has been hanged? Should we feel proud that even though thousands and thousands of rape incidents keep happening all across our country but yet we don’t see any hanging since 2004 when Dhananjoy was last hanged? Should our judiciary, lawmakers, Parliament and Centre feel very proud on this?

                   Why just recently we saw how people threw flowers on those policemen in Hyderabad who killed those 4 gang rapists when they attacked them as is being alleged and people started celebrating and many politicians started hailing it? Why is it that people are losing faith in the ability of our judiciary to deliver justice in time? Is it not a matter of utmost concern for all of us that encounter killings is being glorified as people believe that the legal system has been designed in such a manner that it ensures that rapists and gang rapists are not hanged for many decades?  

                                            Why is it that Arvind Kejriwal who is Chief Minister of Delhi while expressing concern over people’s loss of faith in the criminal justice system  openly says that, “People across the country are agitated over reports of horrible rape and murder incidents happening across the country that have come to light of late – whether it is Hyderabad or Unnao [where a rape victim was burnt earlier this week]. That’s a reason why people are expressing happiness and satisfaction over the police encounter in Hyderabad?” Why Kejriwal further says that, “It is also something to be worried about, the way people have lost their faith in the criminal justice system. This demands introspection and all governments must come forward and work together strengthening the criminal justice system and investigating agencies?” We all must seriously introspect on this!

                          Why is it that even after the killers of Nirbhaya who had been convicted by the Supreme Court and even after five years of death penalty being convicted by the Delhi High Court have not been hanged top death till now? Why their mercy petition keeps hanging? Is this the real beauty of our judicial system for which we should feel proud?

                                      Why even Supreme Court does not say anything on it? Why even in terror cases like the killing of former PM late Rajiv Gandhi, killing of former Punjab Chief Minister Beant Singh, mercy petition keeps pending for decades? Should we be proud of this and justify it in the name of “due process”?

                                The Vice President M Venkaiah Naidu very rightly said that,  "What happens even after punishment is given to convicts. We all are witness... appeal, mercy (petition)... can anybody think of having mercy on such people? This kind of violation of dignity of women cannot go on unchallenged. What is required is not a new bill; what is required is political will, administrative skill and then change of mindset and then go for the kill of the social evil." He also rightly said that minors who know how to rape should not be given any benefit and must be punished just like others! Rightly so!

                                         Why should a definite time not be set for completing rape cases? Why should a definite time not be set for deciding rape cases in lower courts, High Court as well as the Supreme Court also? Why should review petition not be abolished or at least time limit set for deciding it?

                          Why should mercy petition for heinous crimes like gang rapes and terror cases not be abolished or at least a time limit be set up for deciding it? Why Centre repeatedly ignores such demand made by prominent persons in this regard? Whose interest is served in doing so? Should we be proud of it? Why is it that it takes decades or many years to decide a mercy petition? Why can’t it be decided within few days as pointed out by former Attorney General Soli J Sorabjee?

                                        It is good to note that even our President Ram Nath Kovind rightly pointed out that incidents of demonic attacks on women have shaken the conscience of the country. He rightly said that women safety is a very serious issue and a lot of work has been done on this but much remains to be done. He also advocated that those convicted under the POCSO Act should be deprived of their right to mercy petition as they do not need any such right. Here I would beg to differ with the President most humbly and add that there should be no discrimination of POCSO and others and all the rapists and all the terrorists deserve no mercy petition under any circumstances and even if it is still not abolished it must be decided within a short span of time say a few days or weeks and not in many decades which only gives a potential tool to our adversaries to take potshots at the manner in which anyone can get away even after killing the former PM of India as we saw in case of late Rajiv Gandhi where mercy petition was not decided even after decades!  

                                        Why can’t strict and speedy justice be provided to people? Why should the 45% of lawmakers who have been elected to Parliament and who are facing themselves serious charges of rape and murder not be debarred permanently from entering politics until their name is cleared of all charges by the top court itself? Why no law has been enacted in this regard?

                                Why do we expect that such lawmakers who are themselves facing rape charges will support laws that mandates compulsory death penalty for all rape and terror cases? Are we not foolish? What they will favour is that just a single rapist like the poor Dhananjoy Chatterjee is hanged on the basis of circumstantial evidence alone once in 15 years and no rapists or gang rapists are hanged all these years even after they set the victim ablaze!

                             They will advise us that law will take its own course! They will advise us to be patient and have faith in India’s judicial system! It is high time and now the Supreme Court too must speak out most strongly against all the inadequacies in our criminal justice system due to which people’s faith in it is getting steadily dwindled as is being pointed out repeatedly in different newschannels, different newspapers and different magazines which is certainly not a healthy sign for a democratic country like India! Parliament too must seriously debate on it and should give this most sensitive issue of woman’s safety and of according nothing but death penalty to those perpetrate the most horrifying crime against women  the topmost priority instead of just debating trivial issues like that of onion or tomato or radish! Let’s hope so!    


Courtesy/By: Sanjeev Sirohi  |  07 Dec 2019     Views:1691

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Regulation of Online streaming contents out of the...
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Constitution Cannot Be Above Country Come What May...
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Ocean waves to be our new energy source...
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THE HIGH COURT OF KARNATAKA ASKED THE GOVERNMENT T...
08 Aug 2019     Views:1391
Victim Has A Right To Assist The Court In A Trial ...
08 Aug 2019     Views:2994
Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:1802
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:1704
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:1519
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:1573
High Court of Karnataka set aside the retirement o...
07 Aug 2019     Views:1758
Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:1677
History-sheeter kidnaps and rapes a College Studen...
06 Aug 2019     Views:1741
No Room For Sympathy While Sentencing Terror Convi...
06 Aug 2019     Views:1701
Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1926
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:1504
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1747
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1710
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1781
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:1493
Special Olympics International Football Championsh...
03 Aug 2019     Views:1408
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2066
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1813
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2076
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1608
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1461
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1493
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5762
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2322
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1517
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1558
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1771
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1474
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:1503
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1427
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1794
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1947
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1444
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:1570
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1330
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:2024
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:1390
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
02 Jul 2019     Views:1578
How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:2423
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2750
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:2734
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:2870
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1366
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1674
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4950
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2741
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1892
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:2228
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:5725
Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
20 May 2019     Views:1526
Is The Criticism Of In-House Procedure Justified?...
20 May 2019     Views:1745
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Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:1549
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:1391
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3529
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...
19 Mar 2019     Views:1439
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:2606
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:3131
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2862
Punjab & Haryana HC Issues Slew Of Directions To C...
23 Feb 2019     Views:3158
Court Has to Confine Itself To The Four Corners Of...
23 Feb 2019     Views:1587
Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1654
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3233
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2545
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3221
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2461
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2709
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2783
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2054
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2172
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23 Jan 2019     Views:2221
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...
22 Jan 2019     Views:1503
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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How to get Divorce for Muslim Men ...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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Suspicion, Howsoever Grave, Can’t Substitute Pro...
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12 Dec 2018     Views:2005
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26 Nov 2018     Views:2433
SLP Against Death Sentence Shall Not Be Dismissed ...
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SC Allows Live-Streaming Of Public Proceedings In ...
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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 ...
26 Nov 2018     Views:1574
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Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:1970
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:2733
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3817
There Cannot Be Any Mechanical Denial Of Appointme...
23 Oct 2018     Views:2863
Rights Of Accused Far Outweigh That Of Victims, Ne...
23 Oct 2018     Views:1747
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23 Oct 2018     Views:2807
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1986
Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:2291
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23 Oct 2018     Views:2130
Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:2441
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26 Sep 2018     Views:3233
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18 Sep 2018     Views:4166
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17 Sep 2018     Views:2514
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17 Sep 2018     Views:1781
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14 Sep 2018     Views:1850
SC Stresses On Need To Develop And Recognize ‘De...
08 Sep 2018     Views:1788
Mirchpur Dalit Killings: “Atrocities Against SCs...
08 Sep 2018     Views:1955
SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:2277
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3124
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1870
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:2347
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:2128
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1803
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1952
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1952
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:2112
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2156
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2120
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2433
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2400
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1900
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1993
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1862
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3237
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3230
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3083
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2352
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1690
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1640
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2193
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2170
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1932
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
05 Jul 2018     Views:4763
Every Indian Should Salute Brave Soldier Aurangzeb...
05 Jul 2018     Views:3345
Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:2663
Have A Functional National Law University Within 3...
05 Jul 2018     Views:2255
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:1648
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...
05 Jul 2018     Views:1529
Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:2706
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:2124
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3136
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:2225
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...
05 Jun 2018     Views:1835
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1586
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:1747
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:3531
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...
01 Jun 2018     Views:1765
Why Cases Withdrawn Against Stone Pelters In Kashm...
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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:1658
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1788
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1573
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1653
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2127
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1682
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1604
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:1574
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:1580
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 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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Kerala teen surveillance case: Invasion of Privacy...
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