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Abettor's Dead End Supreme Court has legalised passive Euthanasia and living will, saying that right to life includes right to die. This Supreme Court decision has paved the way for decriminalizing suicide, an issue which will be revisited in future, in view of domestic and international developments pointing towards the same. It has been said time and again that a person committing suicide is a 'victim of circumstances' and not an 'offender'. Section 115( 2 )of the Mental Health Care Act mandates the government to provide care, treatment and Rehabilitation to a person having severe stress and who attempted to commit suicide , to reduce the risk of recurrence . As and when suicide is taken off from the list of crimes , the treatment of 'abetment of suicide' also needs to be looked into .The dictionary meaning of 'abetment' is 'assistance'; for instance, if a medical practitioner gives deadly pills to help someone commit suicide , it is abetment. But in legal cases, policemen and judges commonly interpret abetment as ‘driving a person to suicide’. However, the entire concept of driving a person to suicide seems ill founded . According to various studies , no one can be driven to suicide as 99.99% of people will not commit suicide under any circumstances . Only 0.01% of people commit suicide and that too not because harassment is common in their cases but because of mental illness and depression. Researches by mental health experts have revealed that there is an entirely different cause of suicide which is a chemical imbalance in the brain and which can be traced to genetic variation that affects brain chemistry . This chemical imbalance may be addressed with timely and proper medication .Going by these findings, it is clear that there is a kind of people in the world who are suicide prone. Then how is it justified to legally hold a person responsible and punishable if someone else commits suicide ? If a person suffering from severe stress , anxiety or depression (for whatever reasons )does not take timely medical help in terms of counselling and medication and chooses to end his / her life , it's purely his / her choice and the person accused as an abettor is actually a tiny factor in the Grand play of things. The person committing suicide due to his /her own failure, seals the fate of the abettor , who is left fighting a suicide note and its interpretation. The pattern is familiar and typical : a business reversal/ failure , breakup of marriage, a failed relationship , academic and professional failure , depression, a downward spiral, leading eventually to suicide . Suicide is a crime in the present times hence 'abetment of suicide 'is also a crime but this whole skewed treatment of suicide and abetment of suicide defy common sense. It deprives the alleged abettor of an opportunity to defend himself / herself by cross examining the 'so-called victim of circumstances 'who may have played an active role in creating those circumstances .There are enough and more instances in India when someone commits suicide and his / her relatives obtain arrest of those accused of causing mental anguish which drove that person to this extreme step. However, people who commit suicide are responsible for their own death because it takes more than a couple of bad situations to make someone take his life. Suicides are a very personal decision. Unless a person physically helps another to commit suicide, it is not his fault . Suicide is never the only option and despite huge hardships there are other options that can be taken to address a situation . There are cases where violence, blackmail, cruelty, criminal intimidation, harassment, etc.lead suicide prone people to commit suicide. But in all such cases , the harassers should be prosecuted for the relevant crime. WHY an additional crime called 'abetment of suicide'?
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.
KMLawassociates is one of the most trusted law firms in matters pertaining to Armed Forces in Delhi NCR. Our team is committed to serving those who serve our nation and provide the best legal services to prosecute/defend those who have been court martialed due to indiscipline/ disobedience of command. KMLAWASSOCIATES has achieved a high success rate while representing a large number of defence personnel in Armed Forces Tribunal, New Delhi. The Armed Forces personnel provide us unwavering protection and we at KMLAWASSOCIATES ensure that no stone is left unturned to protect their legal rights in disciplinary and service matters with respect to commission, appointment, Court Martial, salary / pension issues.
498A IPC already Addresses Marital Rape so why create an additional offence? In response to PIL on the issue of marital rape filed in Delhi High Court, Delhi Govt. has replied that it is already recognised as cruelty under law and as such, is an offence under section 498A of IPC.and FIRs are also being registered against the accused. Moreover, marital rape also been given a broader definition more akin to 498A IPC under the Domestic Violence Act. Delhi Govt has pointed out that marital rape is one of the grounds of cruelty for divorce under the personal law and there’s no need to create a new offence as enough safeguards in the form of criminal and personal laws exist to ensure that a wife isn’t forced to stay with an abusive husband. KMLAWASSOCIATES , Dwarka based law firm, is the first choice of people facing legal problems pertaining to marital disputes, divorce, family property disputes, domestic violence, maintenance, child custody, etc.in Delhi NCR. KMLAWASSOCIATES has successfully represented clients in corporate, commercial, business, real estate and money recovery matters in Delhi NCR.
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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