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“We’ll cross that Bridge when we come to it .” This seems to be the approach adopted by the apex court while hearing on the issue challenging validity of section 377 IPC which criminalises consensual sex between two adults of same gender. The apex court has stated that reference order is limited to deal with whether Section 377 IPC is Ultra vires the constitution hence nothing else will be debated in this matter and all other rights and issues can be discussed when 'lis ' litigation comes before it. The responsibility of changing the law rests with lawmakers and not the courts , hence the lawmakers need to keep in mind and address the obvious issues which will crop up with the opening of this Pandora’s box while scrapping and drafting new laws. Lawmakers need to address the issue in a much larger way beyond the realm of sexual orientation . A new era will be ushered in India with the scrapping of section 377 IPC giving rise to a whole new set of legal problems as our society is bound to get destabilized . The lawmakers need to ponder deeply on questions like inheritance to live in partners or whether they can marry, right to cohabit , rape in same gender relationships .Scrapping of section 377 IPC is bound to give a cover to paedophiles and rise in HIV . If legitimized , it will give rise to a new breed of sex workers and also affect the Institution of marriage as hetrosexual married men/women may engage in consensual homosexual acts . Also, interest of members of armed forces, prison inmates , hostels etc need to be considered well in advance before our courts get flooded with litigation on above mentioned grounds.
Adultery Law Biased Against Men A serving Brigadier of the Indian Army found guilty of committing adultery has been awarded 3 years RI and will also be cashiered from service while the consenting woman, who was an equal partner in the affair, got off Scot free. This recent incident once again raises the question , ' why is Sec 497 IPC biased against men?'What happened to to 'Gender Equality'? Wonder why no noise has been made by feminists who leave no opportunity and fight tooth and nail for 'equality' in status, rights and opportunities. A large number of groups, working in pursuit of gender equality, are mute on this issue where the man(adulterer) faces harsh and criminal punishment while the woman (adulteress) gets away without any punishment of equal nature and is rather shown as a victim. On 7Dec2017, the Supreme Court has agreed to re-examine the 157 yrs old law on adultery u/s 497 IPC which punishes men only. Sec 497 states ' whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.' The Supreme Court bench has said that 'Prima Facie, , sec 497 IPC grants relief to the woman (wife) by treating her as a victim'. But how/why is it that when adultery is committed by two consenting adults, one( male) is liable for criminal offence but the other (woman) is absolved?When a complaint is received from a man or woman that their spouse is involved in adultery, both the parties should be liable for equal consequences. Ordinarily, the criminal law proceeds on gender neutrality but it is missing in Sec 497 IPC which clearly discriminates against men and violates Article 14, 15 and 21 of our Constitution. The Supreme Court has issued notice to the Centre, seeking it's response in 4 weeks. It will be interesting to watch how and when the feminists will come out with their slogans and banners , demanding gender equality u/s 497 IPC also, which on the first view , is archaic and tantamounts to subordination of a woman when the Constitution confers equal status. KMLAWASSOCIATES is a peerless law firm in New Delhi NCR , providing swift and effective legal advice and legal services. Our experienced and professional team combine their legal expertise to ensure that our clients-individuals or businesses , receive smooth and best possible legal solutions. KMLAWASSOCIATES is the most reliable law firm in Delhi NCR for Matrimonial matters like divorce, maintenance, child custody, domestic violence etc.
BEWARE, SOMEONE IS WATCHING The debates between Aadhaar card and privacy rights have been making headlines every now and then, where privacy has been a key focus. Doesn’t our society lack enough privacy as it is?Are we ready for Big Brother (Aadhaar card) eavesdropping, controlling and manipulating every aspect of our personal lives? There are heightened privacy concerns and questions over the security of biometric data in possession of the Unique Identification Authority Of India(UIDAI).Many have opined that it is an intrusive tool open to misuse by the Government or others. Another area of concern is that our country presently lacks cyber security norms and which , it would not be wrong to say, are almost non existential. Aadhaar card is a convenience, no doubt about that as it’s a never-fail identification document that we need and provides a unique identity to avail Govt schemes. However, UIDAI guidelines are not only confusing but also contradictory. On one hand, it’s website says, ”Aadhaar number empowers residents of India with a unique identity and a digital platform to authenticate anytime, anywhere and is accepted as proof of identity of the cardholder for any purpose.” On the other hand , it says that Aadhaar number should not be shared with anyone. While it says that biometric information is never shared, company like Reliance Jio is already collecting fingerprints of its customers to simplify the eKYC process which is nothing short of a 'privacy nightmare'. Leakage of Aadhaar data of cricketer M S Dhoni made headlines, however, similar leakages of lesser known mortals have gone unnoticed. A recent report by 'The Tribune' claims that it had gotten access to around a billion Aadhaar Numbers in 10 minutes by paying Rs500/- to an anonymous seller. A few more security breaches which have surfaced are: -Money in Bank accounts withdrawn fraudulently using Aadhaar data -210 Govt.websites made Aadhaar data public. -Water and sanitation ministry breached Aadhaar privacy. -Aadhar details of over 6 million people leaked on a website managed by the Jharkhand Directorate of social security. Hacking into databases for data is not very difficult for a person with the necessary motivation, skills and time. Systems are hack proof only until the first hack. So what is one supposed to do in these confusing times and discussions? Is there any way to ensure that personal data is not misused? Well yes, there are a few weapons available to a cardholder in terms of certain actions which can protect his personal data . A mechanism exists under which a card holder can choose to block his Aadhaar card along with his demographic and biometric information if he wants to opt out of the UIDAI system. Biometric data should be locked by the cardholder so that no one can access it and the same can be unlocked by following the process given in UIDAI website. A cardholder must not give a photocopy of Aadhaar card in Physical/digital form and must not share his/her Aadhaar number. If there’s no option but to produce a photocopy of Aadhaar card, the cardholder must write the purpose on it and must also self attest it. After all, someone has rightly said BETTER SAFE THAN SORRY. KMLAWASSOCIATES is the first choice of victims of security breaches in Delhi NCR. Whether it’s misuse of personal information or CCTV coverage, the professionally led , expert team of KMLAWASSOCIATES ensures that hassle free justice is delivered to those whose personal space has been encroached.
ORANGE : THE NEW COLOUR OF DISCRIMINATION “Education is our passport to the future , for tomorrow belongs to the people who prepare for it today.” Said Malcolm X. Today, our nation is giving these words a whole new meaning by issuing passports based on educational qualifications. Citizens with ECR status in India, who have not been able to pass their 10th grade certification ( for whatever reasons), will be issued Orange passports. The idea appears to be good , time saving and will increase the pace of emigration process as the colour of the passport will make it clear if emigration clearance is required or not . But it comes with its own stigma .There must be other better ways by which the same can be achieved without revealing the educational standards of people. The Government and concerned authorities need to deliberate more before implementing this decision because it comes with a hint of discrimination as it seems to divide people on the basis of educational qualifications. It may also increase the vulnerability of orange passport holders as it announces to one and all that they are not well educated. Colour of passport selected by a country is a matter of national identity. The members of EU have Red passports, many Islamic countries like Morocco, Saudi Arabia and Pakistan have Green coloured passports due to religious significance. Blue passports have been selected by members of the ‘New world' and Black passports by countries like Zamibia, Newzealand as black tends to look more official and is also considered as their national colour. India presently has passports in three colours ; Maroon for diplomatic, White for Govt. Employees who travel on national duty and Blue for all others. One can only hope that this new proposal of adding another colour 'orange' has nothing to do with the idea of ‘ saffronisation'. KMLAWASSOCIATES is an ace law firm in Delhi NCR for corporate, commercial and business legal matters. KMLAWASSOCIATES has achieved outstanding success in all types of litigation like divorce, family and property disputes, NI Act, money recovery, real estate, etc. The unrivaled team of KMLAWASSOCIATES, led by a thorough professional provides sound legal advice and representation in courts of Saket, Rohini, Tishazari, Karkardooma , Patiala House, Dwarka as well as Delhi High Court and Supreme Court.
YOUR HONOUR, DOES THE END JUSTIFY THE MEANS? In an unprecedented move which is rightfully being called a revolt, the 4 most senior judges of the Supreme Court of India, through a joint press conference on 12Jan2018, cast aspersions on the way in which cases are being selectively allocated to certain benches by the CJI. This insinuation , by these four judges, has created a storm not only in the judiciary but also in the minds of the citizens of this vast nation for whom the buck stops at the Apex Court , which for them, is the court of last resort and their faith vested in this supreme institution has undoubtedly taken a big hit. The charges levelled by these judges initially evoked disbelief and were criticized and frowned upon by one and all. However, the same has served as a catalyst for the CJI( the master of the roster) who is now trying to find ways to ensure transparency in allocation of cases. So, what's the way forward? What may be some of the ways to improve the administrative system in times to come? Well, while the 5 senior most judges may decide all the constitutional matters and CJI could reserve the right for keeping to himself hearing on certain extraordinarily important cases of national importance, other cases may be allocated through a computerized mechanism (to remove human element of favouritism) or based on the specialisation/years of experience in handling specific types of cases by the judges. And why not? In most other professions, there are areas of specialization, be it Medical, Teaching, Engineering , Defence Services . Without rule of law, it's not possible to fight corruption, poverty, disease and all other forms of injustice which are a hindrance in the development of a society. According to a survey of 1.1 lakh people across 113 countries, conducted by the World Justice Project, our country doesn't count among the most lawfully run countries (even seventy years after independence) and finds 66th place in this list. These rankings have been based on 8 parameters:curb on government power, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice and criminal justice. People of our country have immense faith in the Supreme Court of India and have extremely high respect for what this institution stands for. By washing dirty linen in public, these judges have achieved their target but at the same time, have planted a seed of doubt regarding the credibility of this supreme institution. "The Supreme Court's only armor is the cloak of public trust;its sole ammunition, the collective hopes of our society." Said Irving R.Kaufman. So once again, my lordships, does end justify the means? KMLAWASSOCIATES is the best and most trusted law firm with superlative success in corporate , business and commercial matters in Delhi NCR .
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