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  • Human Rights Of Women Must Also Be Respected

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Human Rights Of Women Must Also Be Respected

Courtesy/By: Sanjeev Sirohi  |  09 Dec 2019     Views:1958

It is most unfortunate and most disgraceful that in India where women is worshipped as Durga, Kali, Gauri etc and where we all show utmost respect to our sister and mother, we don’t care to ensure that those men who without being brainwashed in Pakistan by Pakistani Army or ISI or terror leaders like Hafiz Saeed or Syed Salaluddin or Masood Azhar or anyone else and without being trained in any hostile foreign country perpetrate the worst kind of crimes against women which under no circumstances can ever be justified by anyone. Why when rapists gang rape a women turn by turn and then stab her and then set her ablaze still why in our country are our lawmakers always bothered only and only about the human rights of men alone? Why are such rapists and gang rapists not killed like mosquitoes?

                        Why should any leniency be shown towards such demons?  Why is it that in last 15 years just one poor Dhananjoy Chatterjee is hanged on circumstantial evidence alone in 2004 and whose petition was drafted by prisoners of Tihar jail as was pointed by earlier by senior Supreme Court advocate Colin Gonsalves as he could not hire a lawyer even though every year we keep hearing that more than 32,000 to 33,000 rape incidents keep happening? Why is it that from 1982 to 2004 only Ranga and Birla are hanged for rape cum murder and who certainly deserved no mercy?

                                       But what about other rapists cum murderers? Why were they also not hanged for similar crimes? Why the rich and the affluent are able to escape punishment just because they are able to hire a battery of “eminent and experienced” lawyers to offer thousands of reasons for sparing their client from being sent to the gallows?

                                Why are our lawmakers not closing all the escape routes in the form of “discretion bomb” in our IPC which many times mostly saves a rapist from being sent to the gallows? Why there is no mandatory death penalty for rape and gang rape? Why even for repeated offenders we see that there is no mandatory death penalty?

                                          Why are rape trials and trials of other crimes perpetrated against women not conducted most expeditiously? Why do we see inordinate delay in the completion of rape trials and trials of other crimes pertaining to women? Should we be proud of it? Certainly not!

                                   It is heartening to note that while urging for quick disposal of rape cases, Union Law Minister Ravi Shankar Prasad on December 8 said that he would write to all Chief Ministers and Chief Justices of the High Courts to complete investigation in cases of rape and those registered under the Protection of Children from Sexual Offences (Pocso) Act in two months. He also said that the trial of such cases should also be completed within six months. Inordinate delay in completing rape cases has certainly brought disrepute to our legal system and to our judiciary and so what our Union Law Minister has just recently stated is good to read and it must now be earnestly implemented in totality! It brooks no more delay.

                                          While noting that incidents of rape and crimes against women are “unfortunate and highly condemnable”, Ravi Shankar Prasad asserted quite unequivocally that perpetrators of such “heinous” crimes will be punished expeditiously through the judicial process. He said that, “I am going to write letters to all the chief ministers urging them to complete the investigation within two months in rape and Pocso cases.” This is certainly a commendable and courageous step which must be appreciated unequivocally!

                                        Not stopping here, Ravi Shankar Prasad further added that, “I will also write to the Chief Justices of all the High Courts to dispose of expeditiously all cases relating to rape and Pocso pending in the Fast Track Courts.” He also disclosed that he has also requested the Chief Justice of India to ensure that there is a mechanism for speedy disposal of such cases. His comments assume huge significance as they came in the backdrop of nation-wide outrage and uproar over the alleged gang rape cum murder cases at Hyderabad and Unnao.

                                While mentioning that 704 Fast Track Courts (FTCs) are currently working across the country, Ravi Shankar Prasad further revealed that 1,023 new FTCs are going to be constituted to try cases of Pocso and rape offences, besides other crimes against women. All such FTCs must be constituted at the earliest. It brooks no more delay now!  

                                       It is most concerning that there is an alarming increase in the incidents of rape, gang rape, throwing of acid on women, and many other crimes perpetrated on women. The main reason behind such a meteoric upsurge is that criminals feel that they can get away by doing anything in India as the criminal justice system functions at an excruciatingly glacial pace which only further punished women and accused easily gets bail! Can this be ever justified by any sane person?

                                             We all know that the Unnao rape victim who was gang raped earlier in March and after complaining to police the gang rapists were arrested. But they were released after Allahabad High Court granted them bail. What did it culminate into?

                              As we all know the gang rapists ensured that they waylaid the rape victim while she was on her way to attend court hearing at Raebareli to testify against the criminals. Why were the gang rapists given bail at the first instance? Why were the rights of accused given precedence over the rights of the women?

                                        Not stopping here, why did the police not provide adequate security to the rape victim? Why were the criminals allowed to easily set her ablaze and stab her? Should no policemen be held accountable in this regard?

                         Why are such policemen just suspended? Why are they not dismissed from service and why are they not held accountable for the death of the Unnao gangrape victim? Why is there so much of leniency towards those police cops who should have jolly well ensured that the gangrape victim was not left alone and especially when she was going to attend court hearing and testify herself in gang rape case why was she not provided full security?

                                                  It is good to learn that just a day after the Chief Justice of India Sharad Bobde said that justice can never be instant and loses its character when it becomes revenge we also got to read what our Vice President M Venkaiah Naidu said that, “There cannot be instant justice, but there cannot be constant delays in justice delivery either, else people become restive.” Moreover, how can we afford to ignore the time tested dictum that “Justice delayed is justice denied”? There can be no denying that even the Chief Justice of India – Sharad Bobde is most concerned to see how rapidly crimes against women are increasing in our country and he fully realizes the invaluable importance of combating such crimes on a war footing!

                                          We get to read everyday so many news of even minors being most brutally raped, murdered with her head smashed and what not. But how many times do we read that such rapists, gang rapists and murderers are hanged? Why always we see that the rights of the accused takes precedence over the rights of the women victim? This has to certainly change now if we really want that the people’s faith in our judiciary stands intact!

                                       Why should throwing of acid on women not be punished with mandatory death penalty? How can throwing of acid on women be justified on any ground? How can any punishment less than death penalty or at the least life term without any remission which means imprisonment for the whole life not be awarded on all those who throw acid on women or hurt her in grievous manner?

                                         Why are woman’s right to safety and her right to life not accorded the highest priority in India? Should we not feel ashamed to see that even those who throw acid on women escape very easily after spending at the most just few years in prison? Why should dowry death not be punished with mandatory death penalty? Why are so many escape routes left open for criminals to escape easily and with just a light punishment even after committing the most horrifying crimes against women?

                                     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 should minors who rape and gang rape not be punished with death? Why should they at least not be punished with mandatory life term? Why should they be allowed to escape easily after spending some time in reformatory home as we saw in Nirbhaya gang rape cum murder case where the maximum brutality was committed by the minor?

                                  What message are we sending to the world? That in India you can get away by doing anything just because you are a minor! Why should our law makers not listen to the invaluable advice of Vice President M Venkaiah Naidu in this regard who said that there should be no benefit given to minors when they commit such heinous crimes and underscored that political will is needed to implement it?

                                   Why does India figure even far below Pakistan and Bangladesh in happiness index ranking at an abysmally low 140? It is because in India just two rapists are hanged from 1982 to 2003 and from 2004 to 2019 just one rapist is hanged on circumstantial evidence alone! Is this what is fair and can this be justified in the guise of “due process of law”?

                             Why should our outdated colonial laws like IPC, Evidence Act and CrPC not be changed drastically to meet the present circumstances? Why should human rights of women not be accorded the topmost priority? Why when incidents of rape, gang rape by 4 men or 14 men or even more followed by stabbing and followed by setting her ablaze not be followed by gang hanging?

                                 How many incidents of gang rape are followed by gang hanging? Why our rape laws ensure that gang rapists are never hanged? Should we not be ashamed of this?

                                 Why judiciary never ensures that gang rapists are gang hanged? Why we are happy just after seeing that one poor Dhananjoy Chatterjee is hanged on circumstantial evidence alone? If gang rapists who first gang rape and then set the women ablaze after stabbing her also not deserve death penalty then this death penalty must be kicked out of India right now!

                             Today that is December 10 is “Human Rights Day”! We must always accept that even “woman” is “human” and not just “men” alone! Therefore, our law makers must ensure that human rights of “women” are accorded the top priority and those who dare to violate them are dealt with swiftly and sternly in accordance with law which must be now amended urgently to ensure that no criminal is able to mock at women and yet escape lightly just by using his “money and muscle power”!


Courtesy/By: Sanjeev Sirohi  |  09 Dec 2019     Views:1958

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M Kavitha’s suspension to be reviewed...
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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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Delhi HC: Simple language to be incorporated in FI...
08 Aug 2019     Views:1869
THE HIGH COURT OF KARNATAKA ASKED THE GOVERNMENT T...
08 Aug 2019     Views:1405
Victim Has A Right To Assist The Court In A Trial ...
08 Aug 2019     Views:3003
Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:1814
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:1717
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:1528
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:1584
High Court of Karnataka set aside the retirement o...
07 Aug 2019     Views:1769
Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:1689
History-sheeter kidnaps and rapes a College Studen...
06 Aug 2019     Views:1755
No Room For Sympathy While Sentencing Terror Convi...
06 Aug 2019     Views:1718
Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1939
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:1515
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1807
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1721
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1792
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:1502
Special Olympics International Football Championsh...
03 Aug 2019     Views:1420
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2076
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1825
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2091
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1617
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1473
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1507
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5775
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2337
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1529
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1567
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1788
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1488
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:1514
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1435
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1805
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1960
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1454
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:1581
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1343
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:2037
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:1402
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
02 Jul 2019     Views:1591
How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:2433
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2767
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:2747
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:2888
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1378
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1685
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4986
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2756
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1907
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:2240
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:5733
Why Should UP Have Least High Court Benches In Ind...
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Successive Bail Applications Should Be Placed Befo...
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“Drop This Episode From Your Minds And Gossips...
20 May 2019     Views:1541
Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:1559
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:1404
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3542
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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P&H HC Directs Protection Of Honest Officers While...
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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...
23 Feb 2019     Views:2618
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:3142
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2873
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23 Feb 2019     Views:3169
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1667
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3246
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2556
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3232
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2476
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2719
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2795
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2067
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2183
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23 Jan 2019     Views:2232
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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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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26 Nov 2018     Views:2440
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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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:3829
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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23 Oct 2018     Views:2822
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1997
Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:2307
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Court Must Not Go Deep Into The Matter While Consi...
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14 Sep 2018     Views:1863
SC Stresses On Need To Develop And Recognize ‘De...
08 Sep 2018     Views:1798
Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:2291
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3142
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1881
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28 Aug 2018     Views:2356
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:2145
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1815
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1965
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1967
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:2121
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2167
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2133
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2445
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2409
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1909
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:2006
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1874
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3253
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3243
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3092
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2363
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1705
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1650
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2208
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2178
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23 Jul 2018     Views:1944
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...
05 Jul 2018     Views:2678
Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:1659
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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29 Jun 2018     Views:2719
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:2135
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3149
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:2236
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:1845
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1595
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:1670
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1801
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1583
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1667
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2142
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1694
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1612
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:2998
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1587
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:1850
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1590
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 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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