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An urgent need for justice and equality

December 16, 2024, 4:26 am

The tragic incident of Atul Subhash, a Bengaluru-based technology expert who allegedly took his own life due to mounting stress caused by legal battles in family court, has sparked much debate on the fairness and effectiveness of India’s judicial system (“The Family Court”) in settling family disputes. While family courts were established to ensure faster and more amicable settlements, incidents like this highlight the inherent flaws that need to be addressed immediately. The current legislation needs a review and the introduction of wide reforms to ensure equity for all stakeholders, especially in delicate marital issues.
Magnificent view as to the existing legal framework (Family Courts Act, 1984): Scaling on the Constitutional measures
Family courts in India operate under the provisions of the Family Courts Act, 1984. The Act was enacted with the intent of promoting conciliation and speedy disposal of the cases related to marriage, child custody, and maintenance. Section 9 of the Act mandates that the family courts shall make efforts to settle the disputes amicably before proceeding with the formal hearings. The philosophy is to reduce contentious litigation and promote reconciliation as far as possible.

Despite these provisions, the reality often deviates from the ideal. Cases that include allegations of dowry harassment, domestic violence, and maintenance cases sometimes become protracted legal battles that cause psychological and economic distress to both parties. This has led to calls for urgent reforms that make the process easier and more just for all parties regardless of gender. Moreover, it underscores the importance of the multifaceted aspects, including human dignity, of constitutional provisions such as art. 21. The Hon’ble Supreme Court explicitly stated in Francis vs. Union Territory (1981) that the right to life encompasses the right to live with human dignity, a principle that appears to be violated by the family court in the victim’s case. Mere, taking shelter under the disguise of “Procedure Established by the Law” would vitiate the true scope of right to life and the vice of any legislation is any way supported by the constitution because the procedure must be “Just”, “Fair” and “Reasonable” as enumerated by the Apex Court in Maneka Gandhi Vs. Union of India (1978).

Gender Neutrality and the Need for Balanced Justice
India’s family law has been cantered on protection to women’s rights in statutes like the Hindu Marriage Act, 1955, Protection of Women from Domestic Violence Act, 2005, and Section 125 of the Code of Criminal Procedure (CrPC) [corresponding to section sec.144 of BNSS, 2023] pertaining to maintenance. Since historically women were oppressed, protection for women’s rights has been one of the objectives. The problem lies with the lack of corresponding safety measures when false accusations are given against men or undue harassment of men.
Section 498A of the IPC,1860 (corresponding to sec.85 of BNS,2023) relating to cruelty by husband or his relatives to a woman, is prone to abuse. In this scenario, the Hon’ble Supreme Court of India held, in Rajesh Sharma v. State of Uttar Pradesh (2017), held and accepted the abuse of the very said Section 498A with the guidelines not to abuse. Despite all the judgments, false accusations prevail resulting in much hassle and hardship for the accused person.

Reforms Needed in Family Courts
1. Gender-Neutral Laws: While protecting women’s rights remains paramount, laws addressing matrimonial disputes and domestic violence should be gender-neutral. The introduction of gender-neutral provisions in BNS,2023 BNSS,2023 would ensure that men and women receive equal protection under the law.

2. Mandatory Mediation and Counselling: The Family Courts Act,1984 already emphasizes conciliation, but enforcement remains weak. Strengthening mandatory mediation and counselling services—with trained professionals who can assess cases objectively—could alleviate unnecessary litigation.

3. Time-Bound Proceedings: Delays in family court cases exacerbate the emotional and financial strain on individuals. Implementing strict timelines for case resolution, as suggested by the Law Commission of India’s 245th Report, could ensure quicker justice.

4. False Allegation Penalties: Introducing stricter penalties under the new criminal laws for filing false cases or making baseless allegations could deter misuse of protective laws. The judiciary should be empowered to act decisively in cases where malice is proven.

5. Mental Health Support: Recognizing the psychological toll of family court disputes, mental health support services should be integrated within the court system. This would provide necessary support to litigants experiencing stress, depression, or trauma.
Judicial Oversight and Accountability
Judicial procedures in family courts require greater supervision in order to prevent biases and to ensure justice. The formation of review committees headed by senior judges or independent legal professionals should observe the working of family courts and advise remedial action when required and where necessary.

Conclusion
The tragic case of Atul Subhash shows the stark reminder that the legal systems that ought to implement protectionism can inflict further harm if deployed wrongly or a bit too late. Gender-neutral legislature, efficient mediation facilities and penalty on misuse of legislation are some of the important measures forward for making justice delivery as fair as well as humane as possible. Changes in family courts would be expected to uplift legal procedures and, thus restore public confidence in judiciary capabilities to deliver fair, neutral justice. As, the parliament has the power to change the procedure by enacting a law amending it and when the procedure is so changed it becomes the procedure established by the law and that must be valid in the light of article 21 of Indian Constitution. Hence, it ought to eradicate the vice of the justice delivery system too. The courts are not also to the exclusion of it as the Apex Court of the land has clearly stated in the case of Ram Ekbak Missir vs Ram Niwash Pandey (2002) that it is the duty of the courts to see that neither victim nor the accused suffers by mischief of the investigating agency or staff of the court.
Hence, It is an evolution in Indian law is required that will undertake all these challenges head-on and prevent or avert any further tragedies. Then, justice will be seen as fully served to everybody. Otherwise, it will undermine the ethos of Justice, in the voice of great Martin Luthar King, “Injustice any where is a threat to Justice Everywhere.”

Mr. Sukanta Chakrabarty (Advocate, Calcutta High Court) & Dr. Mainan Ray (Associate Professor of Law, Amity Law School, Kolkata)

Sunita Kejriwal Thanks Well-Wishers and Expresses Faith in Justice for Husband

August 16, 2024, 5:50 pm

Sunita Kejriwal, wife of Delhi Chief Minister Arvind Kejriwal, expressed her gratitude to those who sent birthday wishes to her husband, who is currently imprisoned. In her message on X, Sunita Kejriwal stated, “Thank you to everyone in Delhi for your birthday greetings for CM Arvind Kejriwal. Amid this political conspiracy, I have complete faith that the Constitution remains strong and that the Supreme Court will uphold democracy and deliver justice soon.”

Former Delhi Deputy Chief Minister Manish Sisodia also shared birthday wishes for Kejriwal, emphasizing his struggle against what he described as a prevailing dictatorship. Sisodia posted on X, “Happy birthday to my dear friend and political mentor, Arvind Kejriwal ji. He is bravely fighting the toughest battle against dictatorship in the country. We take pride in being part of his fight. Despite being jailed, he remains a symbol of resistance against tyranny. Today, democracy itself seems imprisoned in the form of Arvind Kejriwal.”

AAP Minister Atishi wished Kejriwal on his birthday as well, highlighting his contributions to Delhi and his current predicament. She wrote on X, “Today is the birthday of Arvind Kejriwal, the modern India revolutionary who transformed Delhi with his governance. He fought against dictatorship and shaped the future of many. Though he is imprisoned under false charges, the truth will prevail, and the beloved Chief Minister of Delhi will be vindicated.”

Punjab Chief Minister Bhagwant Mann also extended birthday wishes, calling Kejriwal a revolutionary leader who reshaped Indian politics. Mann posted, “Happy birthday to Arvind Kejriwal ji, the visionary leader who has given new direction to our politics and is the leader of the Aam Aadmi Party.”

AAP MP Raghav Chadha praised Kejriwal’s influence and resilience. On X, he wrote, “Today, we celebrate not just a man but a movement. @ArvindKejriwal, you’ve shown that integrity and service can drive political change. Even though you are unjustly jailed, your impact is undeniable. Your courage has led a revolution, and your legacy is a beacon of hope and justice. Thank you for inspiring us all and leading the change that has illuminated countless lives. The struggle continues, and we stand with you stronger than ever. Happy Birthday.”

Critical analysis of interpretation of age factor of a juvenile in Pune Porsche case

June 8, 2024, 4:15 am

A horror unfolded on the streets of Pune in the wee hours of Sunday. A speeding Porsche allegedly driven by a 17-year-old boy rammed into a motorcycle in the city’s Yerwada area, killing two young techies in their 20s. After the accused was leniently granted bail by the Juvenile Justice Board, an outrage ensued. The minor should be tried like an adult, demands the victim’s family, the Pune Police, and politicians. But is that a possibility? What does the law say?

The teen was driving drunk, beyond the permissible limit as per the law, at over 160 kmph, as per the police reports, and had confessed that his father, Vishal Agarwal, a prominent builder, knew about it. Agarwal was arrested, since the accused is a minor, under sections 75 and 77 that deal will “willful neglect of a child” and supplying a child with “intoxicating liquor or drugs”.

The Pune Police FIR says Agarwal allowed his son to drive the car despite knowing that the Porsche was unregistered since Agarwal did not pay the road tax and his son did not have a driving licence.

HOW DOES A CHILD GET TRIED AS AN ADULT?

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, which sought to amend the Juvenile Justice Act, 2015, was passed in Rajya Sabha on July 28, 2021. The JJB under Section 15 of the Juvenile Justice Act, 2015 assesses if a juvenile can be tried as an adult. There are three categories of crime under which a child can be tried – petty offences, serious offences and heinous offences.

According to the 2015 Act, juveniles charged with heinous crimes and who are between the ages of 16 to 18 years can be tried as adults. For a Child in Conflict with Law (CCL) to be tried as an adult, age on the date of the offence decides whether the accused was an adult or a child.

As per Section 15, if a child allegedly commits a heinous crime, the Juvenile Justice Act provides the Board to conduct a preliminary assessment regarding his mental and physical capacity to commit such offence, ability to understand consequences of the offence and the circumstances in which he allegedly committed the crime. The Section 18(3) further suggests that if after the preliminary assessment, the Board passes an order that there is a need for trial of a child as an adult, then his case will be transferred to the Children’s Court having jurisdiction to try such offences.

WHAT ARE DIFFERENT CRIMES AND THEIR PUNISHMENT?

Heinous offences, including sexual offences and violent sexual crimes, attract a maximum punishment of seven years or more.

According to the amendments, for a juvenile to be tried for a heinous crime as an adult, the punishment of the crime should not only have a maximum sentence of seven years or more but also a minimum sentence of seven years. The provision has been made to protect children and keep them out of the adult justice system.

Juveniles can also be tried under Narcotic Drugs and Psychotropic Substances (NDPS) Act, Arms Act, Unlawful Activities (Prevention) Act, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Terrorist and Disruptive Activities (Prevention) Act, Maharashtra Control of Organised Crime Act and Food Safety and Standards Act.
Serious offences include possession and sale of illegal substances like drugs and alcohol. The punishment under this category is maximum of seven years, and minimum punishment is not prescribed or is less than seven years.

CHANGES BROUGHT IN THE ACT

The gang-rape and murder of a 23-year-old woman in a moving bus in Delhi in December 2012 led to countrywide protests over letting off one of the six accused as minor. Following the crime, the Ministry of Women and Child Development proposed changes to the law to punish juvenile offenders, citing an increase in cases of offenders in that group.
There were demands to reduce the age of juvenile from 18 to 16, which faced opposition from child rights activists. The JS Verma Committee, formed to recommend amendments to the law, also stated that it was not inclined to reduce the age of a juvenile to 16. The amendment was made in 2015.

All the six accused were convicted for the rape and killing of the physiotherapy student. While four were executed in Tihar jail in March 2020, one died in jail. The juvenile convict was released in 2015 after serving three years in a reform facility.

CASES IN INDIA

In September 2023, in a rare order, a Delhi court had directed the prosecution of two 17-year-olds as adults in a murder case. The court noted that the two were well aware of the JJB proceedings and executed their conspiracy to murder the victim “in a perfectly planned manner”. “…a detailed account of the manner in which the offence was committed leaves no doubt in mind to conclude that they deserve to be tried as adults. Accordingly, the present appeal is allowed,” the court added.

In June 2022, six accused were arrested for the gangrape of a teenage girl in Hyderabad. The police commissioner had said the five accused will be tried as adults in the case. Two of the accused are the son and the nephew of an All India Majlis-e-Ittehadul Muslimeen (AIMIM) MLA and the third is son of a Telangana politician. In 2019, a 17-year-old was awarded two life sentences by a local court in Hyderabad after he was tried as an adult in a sodomy and murder case of a 10-year-old boy.

In the sensational 2017 murder case of a seven-year-old boy in Gurgaon’s Ryan International School, the Juvenile Justice Board recommended that the Class 9 student responsible for the killing should be tried as an adult. An appeal is pending before the Supreme Court. In 2016, a 17-year-old from Mumbai was booked for the murder of a three-year-old child. The Mumbai city Juvenile Justice Board and the children’s court ordered that he be tried as an adult under the Juvenile Justice Act, 2015. However, in July 2022, the Bombay High Court set aside the ruling and directed that the accused be tried as a minor, saying, “For an adult offender, prison is the default opinion; for a juvenile it is the last resort”.

Even the introduction of the new criminal law Bhartiya Nagrik Suraksha Sanhita, 2023 does not change the scenario since it also does not prescribe any minimum punishment for cases where the act is done with the knowledge of causing death. So there is an urgent need for an amendment in the provision so that it conforms and is consistent with the gravity of such acts.

The Pune Porsche Crash Case is a glaring example of the lacunae in the law. The minor driver was drunk, rash, and negligent and still the JJB left him scot-free with reprimands of a non-serious nature. The JJB was duty-bound to follow the letter of the law and the law of the land. But this clearly reflects that this law needs change.

The writer is an Associate Professor in Seedling School of Law and Governance, Jaipur National University, Jaipur.

Allahabad High Court: Stricker Approach To Be Followed Before Giving Benefit Exemptions And Deductions| UPVAT Rules

December 26, 2023, 4:48 am

The Allahabad High Court in the case the Commissioner, Commercial Tax U.P. v. S/S Sanya Construction and Developers Pvt. Ltd observed and has held that though in case of doubt, the taxing statues are to be interpreted in favour of the assesee.
The Court in the case stated that a stricter approach needs to be followed before giving the benefit of exemptions and the deductions.

The bench headed by Justice Shekhar B. Saraf in the case observed and has stated that the general rue of law in taxing statutes is that in case of any doubt the benefit should be given to the assessee. Thus, in cases of exemption and the deduction to be given, the stricter approach may be followed, as per the judgement of the Supreme Court in order to examine whether the assessee is being eligible for such kind of benefit.
In the said case, the department filed the revision plea challenging the decision of the Commercial Tax Tribunal wherein the turnover of the assesee was reduced as per Rule 9 of the Value Added Tax Rules on grounds that the cement imported from outside the State of Uttar Pradesh.

It has been argued by the counsel appearing for the department before the court that the assessee failed to prove that good were imported and the specific execution of work contract. Therefore, the benefits stated under Rule 9(1)(e) of the U.P. Value Added Tax Rules, 2008, the same will not be applicable to the assessee.
Further, the court stated that the distinction was drawn from the decision of the Allahabad High Court in the case M/s Comfort Systems Vs. Commissioner Commercial Tax, U.P. as in that case there was no dispute that the goods have been imported from outside the State of UP for utilization in the works contract.

On the other hand, the counsel appearing for the assessee submitted before the court that the ratio of M/s Comfort Systems is applicable to the present case, wherein the court held that the Tribunal comes to a specific finding that goods were brought in to the State for the purpose of carrying out pre-existing works contract and the goods are actually coming from outside the State, the benefit of deduction contemplated under Rule 9(1)(e) of the Rules would be available to the assessee.

The court in the case observed that the Tribunal had specifically noted that the goods were being imported from outside the State of UP and were being used in project carried out within the State.
The court stated that there was no perversity in the above fact as stated under Rule 9(1)(e) of the VAT Rules will be applicable.

The court while considering the facts and circumstances of the case stated that even though in case of doubt tax statutes are to be read in favour of the assesee, thus, for granting benefit of exemptions and deductions, stricter approach needs to be followed.
Accordingly, the court dismissed the revision pleas, since the fact that goods were transported from outside the State was undisputed.
The counsel, Advocate Bipin Kumar Pandey appeared for the revisionist.
The counsel, Advocate Shubham Agrawal represented the Opposite party.

Reforming freebies for sustainable socio-economic growth: Balancing relief & prudence

December 26, 2023, 4:33 am

In the vibrant tapestry of Indian politics, the trend of “Freebies Politics” has woven itself into the very fabric of electoral campaigns, offering promises of immediate relief and socio-economic upliftment. While the allure of free goods and financial incentives may resonate with a broad spectrum of the electorate, it is imperative to peel back the layers and explore the nuanced realities that underlie this seemingly benevolent phenomenon.

At first glance, the distribution of freebies appears to be a commendable strategy to address the immediate needs of the socio-economically vulnerable sections of society. Subsidized essentials, cash transfers, and other such measures are portrayed as instruments of empowerment, promising to bridge the gaps of inequality and uplift the marginalized. However, as we delve deeper into the ramifications, a more complex and, at times, unsettling narrative emerges.

The foremost concern revolves around the sustainability of these populist policies. While the short-term benefits may resonate with voters, the long-term fiscal implications cannot be ignored. Widespread adoption of freebies poses a substantial strain on state finances, potentially leading to a precarious economic situation. As India aspires for robust economic growth and development, a delicate balance must be struck between meeting immediate needs and ensuring the fiscal stability that forms the bedrock of sustainable progress.
Equally critical is the examination of the electoral dynamics sculpted by freebies politics. Are these measures genuine attempts at social empowerment, or do they risk devolving into electoral tactics that overshadow more comprehensive and enduring development agendas? The potential distortion of democratic values through the lure of immediate gratification demands our attention and scrutiny.

Beyond the policy intricacies, freebies politics invites us to question the very essence of governance quality. Does the focus on short-term gains compromise the pursuit of a more holistic and sustainable development vision? As citizens, we must actively engage in this discourse, moving beyond the surface allure of freebies to demand transparency, accountability, and a steadfast commitment to the long-term well-being of the nation.
The need for an informed and vigilant electorate is paramount. As we witness the rise of freebies politics, it is crucial for citizens to be discerning participants in the democratic process. In doing so, we contribute to a narrative that transcends the dichotomy of support or opposition, aiming instead for a comprehensive understanding of the socio-economic implications and the preservation of democratic ideals.

India stands at a crossroads where choices made today will reverberate for generations. The unfolding saga of freebies politics demands our collective attention, urging us to see beyond the immediate allure and contemplate the far-reaching consequences. In navigating this complex terrain, we have the opportunity to redefine the contours of Indian democracy, ensuring that it thrives not just in the moment but for the sustained progress and prosperity of all its citizens.

The discourse on freebies politics in India necessitates a nuanced and introspective approach. Acknowledging the commendable intent behind addressing immediate needs, we must confront the sustainability challenges posed by these populist policies. Balancing fiscal responsibility with social welfare is crucial for the long-term economic health of the nation.
The electoral dynamics, often shaped by the allure of freebies, require careful scrutiny. Are these measures genuine instruments of social empowerment, or do they risk diluting the democratic essence by becoming mere tactical maneuvers for securing votes? This introspection is vital for preserving the integrity of the democratic process.

Moreover, the focus on governance quality in the context of freebies politics prompts us to question whether the pursuit of short-term gains compromises the vision for a more holistic and sustainable development trajectory. As citizens, our active engagement is pivotal in demanding transparency, accountability, and a commitment to the nation’s enduring welfare.
The imperative for an informed and vigilant electorate cannot be overstated. Beyond being passive recipients of political promises, citizens must actively participate in shaping the narrative of their democracy. By transcending the dichotomy of support or opposition and advocating for a more comprehensive understanding of the socio-economic implications, we contribute to the preservation of democratic ideals.

India, at this critical juncture, is not merely a spectator to the unfolding saga of freebies politics but an active participant in shaping its future. Choices made today will resonate for generations, and the opportunity lies in redefining the contours of Indian democracy. This requires a commitment to sustained progress, fiscal responsibility, and the prosperity of all its citizens. In striking this delicate balance, India can pave the way for a democracy that thrives not just in the moment but endures for the long-term well-being of its diverse populace.

(Abhinav Pandey is Legal Researcher and Third year Law Student at University Of Lucknow)

SC grants bail to Vernon Gonsalves, Arun Ferreira in Bhima Koregaon case

July 28, 2023, 4:27 pm

The Supreme Court granted bail on Friday to Vernon Gonsalves and Arun Ferreira, who have been imprisoned since August 2018.

A bench led by Justices Aniruddha Bose and Sudhanshu Dhulia granted bail to Gonsalves and Ferreira, citing the fact that they had been detained for nearly five years.

“Considering the fact that almost five years have elapsed, we are satisfied they have made out a case for bail,” they said.

In addition, the order stated, “The allegations are serious, no doubt, but for that reason alone, bail cannot be denied to them.”

Supreme Court: Plea To Be Heard Challenging Acquittal Of Four Accused On May 17; 2008 Jaipur Serial Bomb Blasts.

May 15, 2023, 1:57 am

The Supreme Court in the case Rajeshvari Devi vs State of Rajasthan observed wherein a special leave petition was moved by some of the victims of the 2008 Jaipur serial bomb blasts challenging the Rajasthan High Court judgement which acquitted four persons who were convicted to death by the trial court in the case.
The bench comprising of Justice AS Oka and Justice Rajesh Bindal in the case observed and has allowed the plea moved by the victim wherein seeking permission to file the petition and posted the same next week which is to be considered along with the special leave petition moved by the State.
The counsel, Senior Advocate Mukul Rohatgi, appearing for the victims stated that the accused persons are still in jail.
Further, the bench headed by Justice Abhay Sreeniwas Oka and Justice Rajesh Bindal in the case observed and has stated that it being not correct as per the law.
The bench in the case also asked that how can an accused be kept in jail after they have been acquitted in the case.
The counsel, Senior Advocate iMukul Rohatogi sought before the court for stay of the order of the High Court, terming it as grossly oerroneus and contrary to settled principles of law of appreciation of evidence.

Therefore, the Attorney General for India R Venkataramani also seek a stay on a paragraph in the order of the High Court which had observations on the State police in a negative light.
The High Court in the case also found serious lapses in the investigation and evidence while acquitting the accused.
Accordingly, the court listed the matter to be next heard on May 17, 2023.

‘China’s stranglehold in vain’; says ex-enjoy Akbaruddin after Makki’s listing as ‘Global terrorist’

January 17, 2023, 3:50 pm

India’s former representative at the UN, Syed Akbaruddin, said on Tuesday that China cannot thwart India. Previously, the United Nations Sanctions Committee designated Abdul Rehman Makki as a global terrorist.

“The news depicts a growing understanding globally that China cannot thwart India. China’s stranglehold over India’s pursuit of justice against those who attacked our people is now in vain,” Akbaruddin said.

“Countering terrorism is one of the Indian foreign policy’s most important goals,” Akbaruddin said.

Against Pakistan-based terrorists, India’s quest for justice for its people would continue. Akbaruddin said. “This is a good success of Indian diplomacy,” the former representative at the UN said.

“It took us more than a decade to designate Masood Azhar and now it has taken us about seven months plus to designate Abdul Rehman Makki. You can see that India is successful in mounting pressure on those who oppose the designation of terrorism,” Akbaruddin stated.

Meanwhile, former Indian diplomat Vidya Bhushan Soni stated that these terrorists are not only against India, but also against humanity.

“Such terrorists are not only against India but against humanity and against all the innocent people of this world. So it is good that China has supported us in this. They have secured their own future through this so that they can also ask for help if faced with such terrorists,” Soni said.

However, the brother-in-law of 26/11 mastermind and Lashkar-e-Taiba (LeT) chief Hafiz Saeed, Abdul Rehman Makki, has been designated a global terrorist under the ISIL (Da’esh) and Al-Qaida Sanctions Committee by the United Nations Security Council.

Justice DY Chandrachud takes oath as 50th CJI of India

November 9, 2022, 10:48 am

Justice Dhananjaya Yeshwant (DY) Chandrachud took oath as the 50^th Chief Justice of India. As Chief Justice, he will be having tenure of two years as CJI and demit office on 10 November, 2024. President Droupadi Murmu administered the oath of the office of the Chief Justice of India at Rashtrapati Bhavan.

Justice Chandrachud will assume office 9 November. The retirement age for the Supreme Court judges is 65 years. Justice Chandrachud is the second most senior judge of the Supreme Court. Justice YV Chandrachud, father of DY Chandrachud was the 16^th serving Chief Justice of India.

Justice Chandrachud succeeds Chief Justice UU Lalit who retired on November 9.
The senior-most judge of the Supreme Court of India Justice D Y Chandrachud on Wednesday has become the 50th head of the Judiciary of the country. He will have tenure till November 10, 2024.

Justice D Y Chandrachud is considered as one of the most liberal and progressive judge of the country. He has always safeguarded the fundamental rights of the citizens. Not to mention, he shows no sensitivity and shows a tough attitude towards the abusers. Justice Chandrachud, born on November 11, 1959, was appointed judge of the Supreme Court on May 13, 2016.

Justice Chandrachud was the judge of the Bombay High Court from March 29, 2000, until appointment as Chief Justice of the Allahabad High Court.
He had also served as Additional Solicitor General of India from 1998 until appointment as a judge in the Bombay High Court. He was designated as a senior advocate by the Bombay High Court in June 1998.

The Delhi High Court gave justice to an 11-year-old rape survivor after a decade

September 10, 2022, 12:33 pm

After more than a decade of a man raping an 11-year-old girl in 2010, the Delhi High Court on Friday passed an order for his 10 years of rigorous imprisonment for the crime.

The incident took place in April 2010, when the girl, while returning from school, went to a public washroom where the man followed her and committed the crime. The incident was reported to the police seven days later, and the man was arrested a few days after lodging the FIR.

The bench of the Delhi High Court, Mukta Gupta and Mini Pushkarna, noted that the trial court made a huge error by holding the girl as a tutored witness because, during the cross examination of the girl, she said that she stated whatever she was asked to by her aunt and the police.

The bench noted in its 20-page judgment, “This finding is totally fallacious since the girl, in answer to the court question, had clearly stated that her deposition was made against the accused because the said incident had taken place and she had not deposed against the accused because her aunt and police had asked her to state so.”

Since non-bailable warrants against the man were not executed, the high court in March 2014 directed the initiation of proceedings to declare him a proclaimed offender.

In its judgment, the high court justified the delay in the registration of the FIR by stating that the girl, who had lost her mother at a very young age and whose father was also missing, was staying with her aunt, who was looking after 10 children, 6 of her own and 4 of her brother’s, including the girl. “It may not be lost sight of the fact that the aunt of the victim is a labourer, not an educated woman.”