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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 .
KMLAWASSOCIATES , located in Dwarka, is the most trusted law firm for money recovery suits in New Delhi and is professionally managed. We derive our strength from our long and successful experience and training. KMLAWASSOCIATES is committed to providing most effective and practical legal as well as commercial solutions in Delhi NCR. We have a niche expertise in money recovery suits and have successfully recovered money for a large number of clients whose salary dues were unpaid. Whether it's money lent to family/friends in good faith or money paid for goods/services not delivered, our advocates will recover it .
As the world gets ready to bid adieu to 2017 and usher in 2018, everyone is busy making New Year resolutions. It's heartening to see how the people around us are happily looking forward to the new year with a long wish list. At KMLAWASSOCIATES, it's not only our wish but our endeavour that we continue to provide the best, most effective and hassle free legal services in Delhi NCR. Our team of experts led by a thorough professional will provide a legal shield to ensure that our clients worry less and live more. Here's wishing you all a very happy and prosperous 2018.
Today, on this first day of 2018, when everyone is busy wishing their near and dear ones 'a very happy and prosperous New Year 2018', it's the Muslim women who have the most to smile about as they find liberation and empowerment with the help and support of the present Govt-their newfound ally. Muslim women have , for long, experienced pain and difficulties due to the practice of Triple Talaq. But now, after a long fight, this inhuman and evil practice has been abolished, bringing joy and relief to the Muslim women. Adding further to their rights, leading to happiness, they can now go for the Haj pilgrimage without 'mahram'(an adult, male blood relative or husband). For the past 70 years, Muslim women have been suffering the injustice of the policy which allowed them to perform Haj only in the company of a male guardian. Such a restriction is not prevalent in many Islamic countries and the scrapping of this rule will have a far reaching impact on our image as a society. These two major steps , abolishing Instant Talaq and removal of the restriction of having a 'mahram' for Haj pilgrimage , will provide equal opportunity to Muslim women and will enable them to proceed simultaneously on the path of progress . KMLAWASSOCIATES, the best law firm in Delhi NCR provides expert legal services to women who suffer from gender based discrimination, either in family/society or workplace.
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.
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