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Good days or 'Ache Din' seem to be just around the corner for at least public servants as government is planning amendments in the existing POCA 1988, for the simple reason that POCA in the existing form is creating a fear psychosis amongst top government officials and fear of penal actions (even for honest decisions ) as provided for in POCA acts as a deterrent to effective functioning of officials . Also, according to the ruling government , POCA has only ended up as being a tool for bringing elected governments to a standstill and is a big obstacle in the ease of doing business . This proposal to amend POCA attempts to allay fear amongst public servants and sounds similar to speeches made by former PM and FM . However, one cannot help but wonder as to what has created this sudden urgency to amend POCA which has been cornerstone of the fight against corruption in India and allowed prosecution of senior government functionaries in 2G spectrum and coal scams? Though the proposal seeks to differentiate between cases of intended corruption and erroneous acts in the line of duty , it's dilution may weaken the fight against corruption. It may go either ways and may shelter the corrupt . Watered down version may be used favourably by scamsters who will suddenly feel empowered because even with the right laws , the list of failures in controlling corruption in our country is much longer than successes . The Nation's mood is grim in the wake of large scale scams in banking sector and the government, instead of showing zero tolerance towards scams and scamsters, talks about diluting anti corruption laws which only seems to be an attempt to protect their own in the close knit 'Neta Babu Nexus'. Are we ready or can we even take a chance with the kid glove approach to graft , knowing how deep rooted corruption is in India? When other criminal acts are becoming Harsher and stricter , government's intent to scale down version of POCA 1988 casts a shadow on its real intent of reigning in corruption. Equipped with thorough and deep understanding of POCA1988, KMLawassociates successfully defends those who are falsely implicated under the provisions of POCA in Delhi District courts, Delhi High Court and NCR.
Expressing concern over delay in disbursing money awarded as maintenance to women by courts, the centre has asked the High Courts to setup a mechanism to fast track the process.Law minister Ravi Shankar Prasad has written to the Chief Justices of all High Courts flagging the issue of"procedural delays". Matrimonial issues require deep understanding and since advice can make or mar a decision, we at KMLAWASSOCIATES , the top rated law firm in Delhi , let our vast and successful experience be your best guide. Our team is committed to helping our clients succeed. We offer best legal services in issues related to divorce and other matrimonial disputes like: Maintenance/alimony Child custody Annulment of marriage Domestic Violence Criminal proceedings (498A, 406IPC) Restitution of conjugal rights NRI divorce
Caught between the devil and the deep blue sea, is it really a man's world? A married man wants to exercise his conjugal rights but his lawfully wedded wife cries 'marital rape'. A bachelor in a consensual relationship with an educated , independent and liberated woman , gets slapped with a rape charge if their relationship fails. In other words, a failed relationship leads to rape charges and Physical relationship after marriage may also have a similar fate, a classic example of being stuck between the devil and the deep blue sea. It appears that in cases of failed love affairs, Rape charges are being used as a weapon for vengeance and Vendetta to harass and even force a man to marry his partner even though the relationship has gone sour. In recent times, there's been a spurt in cases where women in failed relationships have filed rape charges against the men, accusing them of breach of promise to marry (the most recent one involved an IIT Kanpur student and an IAF officer). However, such complaints need to be cautiously examined as educated, independent, adult women tend to forget that to have a physical relationship before marriage is their option and refuse to take responsibility for their actions . KMLAWASSOCIATES is a toprated law firm in Delhi NCR having the most successful track record in all types of litigation.
Fraught by frauds The recent high profile fraud cases in our banking sector have deeply jolted all the stakeholders and have once again highlighted the vulnerability of our banks, specially while dealing with corporate loans and celebrity industrialists who manipulate the banking system by conveniently bypassing protective mechanisms. Successful economies minimise corruption, embezzlement and frauds which are characteristics existing everywhere but unfortunately for us, the instances of banking frauds which are a silent killer of our economy only seem to be on the rise as a result of corruption, inefficient regulations, lack of oversight, business pressures to meet unreasonable targets, lack of tools to identify potential red flags and collusion between employees and external parties. Whether it’s issuance of fake LoUs by two junior employees (as in case of PNB) or conflict of interest on the part of CEO ICICI Bank, it’s amply clear that our banking industry is confronted with deep internal threat wherein anyone from a CEO to lower level employees can manipulate and defraud their bank while both internal and external auditors look the other way. Such high profile frauds , scams and wilful defaults have a detrimental impact on the economy and ease of doing business, employees morale and investors' confidence. Indian banking has always been a soft target for fraudsters and in recent years the frequeny, volumes and gravity of frauds and wilful defaults have only seen a rise. We as a developing nation cannot afford such setbacks and need to get our act together. Fraud risk management needs to be given utmost importance and diligence in order to prevent and detect fraudulent activities thereby limiting the losses incurred. The banks need to be more agile and think ahead of the fraudsters. A comprehensive and effective anti frauds programme comprising preventive, detective and responsive mechanism can enable banks to identify weaknesses inherent to their processes and identify new threats. Over the years, frauds and scams in this sector have become more sophisticated and hence, their redressal is a major concern. Banks need to make themselves secure, become vigilant and build resilience in order to beat fraudsters in this cat and mouse chase. It is important for banks and financial institutions to understand that fraud investigations require specific skills like forensic accounting and technology to collect adequate evidence which needs to be relevant and comprehensive to be admissible in a Court of Law. Other important aspects like source of evidence, legitimate witness, electronic evidence can add credibility to the case. If these are not in line with legal requirements, the organisations will not have confidence to take legal recourse against the fraudster which can also be the reason why many banks may not be reporting all their cases to law enforcement agencies.
A 2 days old baby girl is flushed down the toilet by her own parents. A man in UP hangs up his wife, beats her, makes a video of the same and sends to her parents for demanding dowry. A daughter is denied a share in her father's self acquired property. A girl is raped. Such incidents and even more gruesome crimes are committed against the women in our country but why is it that rapes get more attention as compared to other forms of crimes like female infanticide, acid attacks, sexual harassment/exploitation, dowry deaths, cheating, murder, wife battering, maltreatment at home, honour killings? Is it because'sex sells' even in crimes? The rape crisis is just one facet of the multitude of problems that reflect the gender discrimination scenario in our country which are seen right through'womb to tomb'. It's quite interesting to see how in the wake of brutal rapes and murders, the whole country takes a 'holier- than- thou' stand, passes quick judgements on the accused, without analysing their own conduct and contribution in crimes against women. Popular media is rife with news of rapes which appear to be the most rampant and high profile of all the crimes against women. This hype in the media compels us to believe that rapes are on a dramatic rise. However, studies have shown that rapes have, more or less, followed a flat trend while the most dramatic rise has been seen in number of cases registered under cruelty by husband and his relatives. Cruelty by husband and his relatives, domestic violence and dowry related crimes account for more than half of the crimes against women. However, these are not considered worthy of our attention since the very powerful media is busy covering certain brutal and violent incidents having political undertones. India is traditionally a male dominated society where masculinity is about men acting tough, freely exercising their privilege to lay down the rules in personal relationships and above all, controlling women by making them limited and obedient to perform different functions of daily life. There are many laws but 'brutalisation of women 'seems to be on the rise and becoming too broad. Thousands of girls are becoming victims of this evil on a daily basis, which reduces their self respect, dignity and status, thereby hindering the social, economical, political and cultural progress of our country. Male dominated societal norms, economic dependence, overall lower status of women further exacerbates these crimes . Politicians are only as good as the people. Beastial masculinity and inefficiency of judicial and political system is a daunting challenge. We as a society need to modify our mindset regarding women and get our act together to accept them as human beings with equal rights, deserving equal respect and status. There is an urgent need for stricter laws, faster convictions, larger representation of women in judiciary and law enforcement. However, these are also symptomatic measures. Our society needs deeper surgery and extensive treatment, starting at home and continuing through years of schooling and beyond, which is undoubtedly a generational effort which must be collectively made by HRD and law ministry. As the journey of a thousand miles begins with one step, we should let these incidents be the trigger which forces our society to take this first step. Let's start now.
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