New Delhi: While the Hindu Marriage Act ensures women get maintenance from their spouses,a district court has said the provision cannot be used as a tool by a spouse to get enriched unjustly at the expense of the other spouse.
The courts remarks came as it rejected straightaway the plea of a woman seeking maintenance of Rs 15,000 a month for herself and Rs 8,000 for her minor child from her estranged husband.Reena (name changed) moved the court claiming that her husband,a government employee,was earning nearly Rs 50,000 a month and that her job as a temporary teacher in a nursery school did not pay her enough to take care of both herself and her child.
What she did not tell the court was that she was also working as an agent in an insurance company.That fact emerged after her husband,through counsel Prashant Mendiratta,disclosed that she had been working as an insurance agent for a firm which paid her Rs 45,000 a month.
Countering the allegations,the woman told the court that she had been an insurance agent but that she had left her job in January,2010.Irked by the woman concealing facts about her job,the court lambasted her for not coming clean before it.
Details of her job as well as details of income from all sources have to filed before the court.If it is found the applicant has concealed the true nature of her job,the application becomes liable to be dismissed straightaway... this section cannot be permitted to be used as a tool to get enriched unjustly at the expense of the other spouse, said the additional district judge.
Calling the womans claim that she had quit her job an eyewash,the court said her response was fabricated to mislead it and to counter her husbands allegation.The court also refused to revise the Rs 2,500 a month maintenance granted by a metropolitan magistrate to her child,saying it was proper considering the childs mother was also earning.
Mr.Rebates
Thursday, April 1, 2010
HC: Domestic Violence Act can be used with retrospective effect
Mar 23, 2010,
NEW DELHI: In an important ruling, the Delhi high court has clarified that the Domestic Violence Act has a retrospective effect. This means it can be invoked even by women who were subjected to domestic violence before the Act came into force in October 2006.
Justice V K Jain, while dealing with a complaint filed under the Domestic Violence Act, said the Act was maintainable ‘‘even if the domestic violence has been committed prior to coming into force of the Act.’’'
Setting aside the order by a lower court, justice Jain further observed, ‘‘The court needs to eschew from taking an interpretation which would not only be violative of constitutional rights but would also result in denying the benefit of the beneficial provisions of the Act to the women who have been subjected to domestic violence and are compelled to live separately on account of a man’s acts of omission or commission. Such an interpretation would at least partially defeat the legislative intent behind enactment of this Act, which was to protect women against domestic violence, to give them compensation and other suitable reliefs.’’
HC was hearing a petition filed by a woman appealing against the order of a lower court. The petitioner alleged she was forced to leave the matrimonial home because of her husband’s behaviour. While the magistrate allowed her plea and granted maintenance of Rs 6,000 per month to her, the husband appealed against it. A court held that the victim was not entitled to any relief under the DV Act because she had left the matrimonial home in 2005 while the Act came into force a year later.
The Full Judgement here:
http://lobis.nic.in/dhc/VKJ/judgement/22-03-2010/VKJ22032010CRLMM39592009.pdf
NEW DELHI: In an important ruling, the Delhi high court has clarified that the Domestic Violence Act has a retrospective effect. This means it can be invoked even by women who were subjected to domestic violence before the Act came into force in October 2006.
Justice V K Jain, while dealing with a complaint filed under the Domestic Violence Act, said the Act was maintainable ‘‘even if the domestic violence has been committed prior to coming into force of the Act.’’'
Setting aside the order by a lower court, justice Jain further observed, ‘‘The court needs to eschew from taking an interpretation which would not only be violative of constitutional rights but would also result in denying the benefit of the beneficial provisions of the Act to the women who have been subjected to domestic violence and are compelled to live separately on account of a man’s acts of omission or commission. Such an interpretation would at least partially defeat the legislative intent behind enactment of this Act, which was to protect women against domestic violence, to give them compensation and other suitable reliefs.’’
HC was hearing a petition filed by a woman appealing against the order of a lower court. The petitioner alleged she was forced to leave the matrimonial home because of her husband’s behaviour. While the magistrate allowed her plea and granted maintenance of Rs 6,000 per month to her, the husband appealed against it. A court held that the victim was not entitled to any relief under the DV Act because she had left the matrimonial home in 2005 while the Act came into force a year later.
The Full Judgement here:
http://lobis.nic.in/dhc/VKJ/judgement/22-03-2010/VKJ22032010CRLMM39592009.pdf
Wednesday, March 31, 2010
NCW hit with backlog, money woes
New Delhi: The audit report of the National Commission for Women (NCW) has revealed that all’s not well with the commission.
Of 12,895 complaints that came to NCW between 2008-09, onlylittle over half (7,50-9) were addressed. Of these, only 14% could be disposed of.
Out of the 22 NGOs or individuals that were given grants worth Rs 22 lakh for research projects, 15 have notsubmitted an interim report.
Mandatory requirements like jail visits to assess living conditions of women have not been made for the past 4 years.
These observations, made by the Comptroller & Auditor General’s (CAG) inspection report, indicate the malaise that has crept into the NCW. The inspection found that of the 12,895 cases, 7,509 were taken up. Of these, only 1,077 were disposed of.
Admitting that the commission was battling a huge backlog of cases, NCW chairperson Girija Vyas said, “The rate of disposal is low because of several reasons. We lack trained manpower and resources. We are at present managing with a small staff whereas the number of complaints has been steadily increasing. Several of the complaints that come to us are being fought in court. We cannot send people away on the plea that the matter is subjudice. But I am concerned about the large number of cases and have demanded additional trained manpower.”
Another major lapse pointed out by the audit report is that no jail visit — as mandated under the NCW Act — was made between 2006-2007 to 2008-2009. Also, grants amounting to Rs 23.30 lakh were made to 22 NGOs/individuals between 2005-2006 and 2008-2009. Of these 22 cases, even the interim report was not received in 15 cases after a lapse of 5 to 30 months.
Of 12,895 complaints that came to NCW between 2008-09, onlylittle over half (7,50-9) were addressed. Of these, only 14% could be disposed of.
Out of the 22 NGOs or individuals that were given grants worth Rs 22 lakh for research projects, 15 have notsubmitted an interim report.
Mandatory requirements like jail visits to assess living conditions of women have not been made for the past 4 years.
These observations, made by the Comptroller & Auditor General’s (CAG) inspection report, indicate the malaise that has crept into the NCW. The inspection found that of the 12,895 cases, 7,509 were taken up. Of these, only 1,077 were disposed of.
Admitting that the commission was battling a huge backlog of cases, NCW chairperson Girija Vyas said, “The rate of disposal is low because of several reasons. We lack trained manpower and resources. We are at present managing with a small staff whereas the number of complaints has been steadily increasing. Several of the complaints that come to us are being fought in court. We cannot send people away on the plea that the matter is subjudice. But I am concerned about the large number of cases and have demanded additional trained manpower.”
Another major lapse pointed out by the audit report is that no jail visit — as mandated under the NCW Act — was made between 2006-2007 to 2008-2009. Also, grants amounting to Rs 23.30 lakh were made to 22 NGOs/individuals between 2005-2006 and 2008-2009. Of these 22 cases, even the interim report was not received in 15 cases after a lapse of 5 to 30 months.
Sunday, March 28, 2010
Live-in couple splits. Is man liable to pay for kid’s upkeep?
Mar 25, 2010,
NEW DELHI: After throwing its weight behind live-in relationships saying there is no illegality if two adults live together, the Supreme Court is facing a difficult emotional fallout of it.
What if two adults decide to live together in a foreign country, share an apartment and have a child and when they come back, the man goes away saying he had no formal relationship with the woman and hence was not liable to her and the child’s maintenance?
This question has cropped up before the Supreme Court, which has stayed proceedings initiated by a woman under Section 498A of Indian Penal Code in Gujarat. But realising the sensitivity of the issues involved, it posted the case for hearing on May 7.
The case is between Japmandeep and Rajshri. He went to London on a student visa in March 2003 to do post-graduation in information technology from London College of Management and IT. There he met Rajshri, who was pursuing her masters in IT since October 2002. According to Japmandeep, “they became friends and in October 2003 started sharing the same apartment”.
“We shared an apartment in UK, but no religious ceremony for performing marriage took place in London nor did we register any civil partnership as is required under the law of UK. As per UK law, no relationship between the parties exist unless the formalities required under the law of UK are complied with,” Japmandeep said in his petition before the SC seeking quashing of the proceedings initiated by his erstwhile live-in partner.
But there was not a word by the man that a child was born to them in 2005 in UK. After staying the proceedings, the SC issued notice to Rajshri, who in her response submitted documents, including the birth certificate of the child from UK.
The birth certificate showed that the child was born to Japmandeep Singh Ahluwalia and Rajshri Ahluwalia on November 9, 2005, at Wexham Park Hospital, Slough. A copy of the passport annexed to the reply filed in the SC through lawyer H A Raichura also gave identical description of the child’s parents.
To falsify Rajshri’s claim that she was married to him, Japmandeep stated in his petition filed through counsel J S Chhabra that she on October 10, 2006, had made a complaint about domestic violence and rape against him to UK authorities. “However, on December 8, 2006, the complainant withdrew all the allegations levelled against him and signed a statutory declaration in the form of an affidavit before the oath commissioner in England that all the allegations regarding domestic violence, rape and dowry were false and untrue,” Japmandeep said.
But after they reached India on August 29, 2008, Rajshri left for her home in Gujarat and Japmandeep went to Patiala, where his parents lived. “All the communication which have taken place in the year 2008, between Rajshri and Department of Home Office, UK, she was addressed as Rajshri Ben Vijay Kumar Kesri and Japmandeep was addressed as her partner and not her husband,” he said in his defence.
Rajshri initiated proceedings under Section 498A at Patiala and Ahmedabad, and both have been stayed by higher courts — one by Punjab and Haryana HC and the other by SC. However, Rajshri in her response to the apex court expressed willingness to compromise with Japmandeep allowing him to contract fresh marriage provided he returns the money, ornaments and certificates he owed to her, the 4-year-old son remains with her and pays a lumpsum amount to her for maintenance.
NEW DELHI: After throwing its weight behind live-in relationships saying there is no illegality if two adults live together, the Supreme Court is facing a difficult emotional fallout of it.
What if two adults decide to live together in a foreign country, share an apartment and have a child and when they come back, the man goes away saying he had no formal relationship with the woman and hence was not liable to her and the child’s maintenance?
This question has cropped up before the Supreme Court, which has stayed proceedings initiated by a woman under Section 498A of Indian Penal Code in Gujarat. But realising the sensitivity of the issues involved, it posted the case for hearing on May 7.
The case is between Japmandeep and Rajshri. He went to London on a student visa in March 2003 to do post-graduation in information technology from London College of Management and IT. There he met Rajshri, who was pursuing her masters in IT since October 2002. According to Japmandeep, “they became friends and in October 2003 started sharing the same apartment”.
“We shared an apartment in UK, but no religious ceremony for performing marriage took place in London nor did we register any civil partnership as is required under the law of UK. As per UK law, no relationship between the parties exist unless the formalities required under the law of UK are complied with,” Japmandeep said in his petition before the SC seeking quashing of the proceedings initiated by his erstwhile live-in partner.
But there was not a word by the man that a child was born to them in 2005 in UK. After staying the proceedings, the SC issued notice to Rajshri, who in her response submitted documents, including the birth certificate of the child from UK.
The birth certificate showed that the child was born to Japmandeep Singh Ahluwalia and Rajshri Ahluwalia on November 9, 2005, at Wexham Park Hospital, Slough. A copy of the passport annexed to the reply filed in the SC through lawyer H A Raichura also gave identical description of the child’s parents.
To falsify Rajshri’s claim that she was married to him, Japmandeep stated in his petition filed through counsel J S Chhabra that she on October 10, 2006, had made a complaint about domestic violence and rape against him to UK authorities. “However, on December 8, 2006, the complainant withdrew all the allegations levelled against him and signed a statutory declaration in the form of an affidavit before the oath commissioner in England that all the allegations regarding domestic violence, rape and dowry were false and untrue,” Japmandeep said.
But after they reached India on August 29, 2008, Rajshri left for her home in Gujarat and Japmandeep went to Patiala, where his parents lived. “All the communication which have taken place in the year 2008, between Rajshri and Department of Home Office, UK, she was addressed as Rajshri Ben Vijay Kumar Kesri and Japmandeep was addressed as her partner and not her husband,” he said in his defence.
Rajshri initiated proceedings under Section 498A at Patiala and Ahmedabad, and both have been stayed by higher courts — one by Punjab and Haryana HC and the other by SC. However, Rajshri in her response to the apex court expressed willingness to compromise with Japmandeep allowing him to contract fresh marriage provided he returns the money, ornaments and certificates he owed to her, the 4-year-old son remains with her and pays a lumpsum amount to her for maintenance.
Crisis of merit in lower judiciary
Mar 25, 2010,
NEW DELHI: Judiciary faces a crisis of merit at a crucial layer as majority of the states are finding it difficult to fill 25% of district judge posts through a limited departmental examination that was devised to give talent a speedy promotion route.
This became clear before the Supreme Court on Tuesday as senior advocate Vijay Hansaria as amicus curiae pointed to the large number of vacancies in district judge posts, which is the highest level in the lower judiciary responsible for fighting the huge pendency of nearly 2.6 crore cases.
The large number of posts falling under the cadre of Higher Judicial Service was mainly vacant due to failure of existing judicial officers to clear the tough departmental competitive test. The situation is so bad that in Tripura, eight posts were advertised under the speedy promotional route but only two candidates applied, Hansaria said.
Taking up an application filed by Rajasthan Judicial Service Officers’ Association through counsel A D N Rao, a bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan said this was the situation in almost all states.
Rao gave a chart of the vacancies under 25% quota for speedy promotion through competitive examination. It said West Bengal had 50 vacancies, Uttar Pradesh 24, Maharashtra 42 and Orissa 12. The apex court had noticed on January 13 that in Bihar, though 16 posts were available, the HC could fill only two.
The bench issued notice to high courts for their response to the proposal — fill the existing vacancies through promotion based on seniority and reduce the competitive examination quota from 25% to 5%.
At present, 50% of posts of district judge are filled through promotion, 25% through direct recruitment from lawyers and 25% through limited departmental examination. Though the bench felt 25% posts through departmental examination could be filled through an all-India competitive examination, it veered around to the idea of reducing the quota.
The HCs have been asked to send their responses to the apex court before April 20, when the matter will be taken up for hearing afresh.
NEW DELHI: Judiciary faces a crisis of merit at a crucial layer as majority of the states are finding it difficult to fill 25% of district judge posts through a limited departmental examination that was devised to give talent a speedy promotion route.
This became clear before the Supreme Court on Tuesday as senior advocate Vijay Hansaria as amicus curiae pointed to the large number of vacancies in district judge posts, which is the highest level in the lower judiciary responsible for fighting the huge pendency of nearly 2.6 crore cases.
The large number of posts falling under the cadre of Higher Judicial Service was mainly vacant due to failure of existing judicial officers to clear the tough departmental competitive test. The situation is so bad that in Tripura, eight posts were advertised under the speedy promotional route but only two candidates applied, Hansaria said.
Taking up an application filed by Rajasthan Judicial Service Officers’ Association through counsel A D N Rao, a bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan said this was the situation in almost all states.
Rao gave a chart of the vacancies under 25% quota for speedy promotion through competitive examination. It said West Bengal had 50 vacancies, Uttar Pradesh 24, Maharashtra 42 and Orissa 12. The apex court had noticed on January 13 that in Bihar, though 16 posts were available, the HC could fill only two.
The bench issued notice to high courts for their response to the proposal — fill the existing vacancies through promotion based on seniority and reduce the competitive examination quota from 25% to 5%.
At present, 50% of posts of district judge are filled through promotion, 25% through direct recruitment from lawyers and 25% through limited departmental examination. Though the bench felt 25% posts through departmental examination could be filled through an all-India competitive examination, it veered around to the idea of reducing the quota.
The HCs have been asked to send their responses to the apex court before April 20, when the matter will be taken up for hearing afresh.
Saturday, March 27, 2010
Legal weapon
January 28, 2010
A leading Bollywood actress found her cheque book had been stolen and several cheques totalling Rs 10 crore had been issued, forging her signature. The suspect cheques were forensically examined and the forger was identified, making it possible to recover the money in a few days.
A DNA test proved that a husband's suspicions about the paternity of his wife's second child were baseless, ending years of marital strife.
Forensic examination of a will proved that it had been forged by an unscrupulous member of the family. The contents of the will had divided the family for over two generations.
A leading industrialist was robbed of priceless family jewellery from his Delhi farmhouse. Fingerprint and forensic experts visited the site and, within three hours, identified the culprit who confessed to the crime.
Forensic science is the cutting edge of modern criminology and crime, and TV serials like CSI show us just why. The above examples are all cases that were solved in a forensic laboratory with one surprising twist: they were processed at India's first independent, private forensic science laboratory (FSL). Truth Labs (TL) is a Hyderabad-based initiative involved in helping the victims of crime; one through forensic examination and collection to be passed on to the police, and the other by examining evidence referred by individuals, the police and courts. Be it examining documents, analysing fingerprints, DNA profiling, polygraph testing, authenticating audio and video records, investigating a crime scene, screening a suspect from a psychological perspective or using any other probe to pinpoint the offender, TL is emerging as an effective investigating agency to complement existing governmentrun institutions. Private parties are using TL to resolve disputes that spring up over inheritance, forgery, impersonation, marital infidelity, and even corporate espionage. Being a non-profit organisation and part of a public society called Truth Foundation adds to TL's credibility. After Hyderabad, it has also expanded to Delhi and Bangalore. Chennai and Mumbai are on the horizon too.
What's more significant is that TL is not just emerging as an alternate dispute resolution mechanism for out-of-court settlements but is pioneering proactive forensics, which is relatively unknown in India. For the first time here, forensic services are available in an institutional setting under one roof and at international standards. An added advantage is it ensures privacy and confidentiality. Armed with scientific proof garnered by TL, the Hyderabad Police arrested a local power broker for letting out a huge commercial property with a forged rental deed. Fingerprint and document analyses carried out by TL helped establish the ownership of a disputed piece of agricultural land in northwest Delhi worth Rs 3 crore. In another case, a family from Mumbai approached TL for polygraph testing after a young bride confessed that her father-in-law had propositioned her when it was discovered that her husband was infertile and they were planning to have a test tube baby.
"The existing evidence laws are strong enough, if only those presenting evidence utilise it competently and confidently with professionalism."
KPC Gandhi, Truth Lab's founder
What TL's successes also prove is that investigations can be fast-tracked by using proper scientific methods. In a daring case of power abuse, by forging the signatures of the Karnataka governor, his adviser and special secretary, a Bangalore-based flying academy tried to get favours for the contract of maintenance, operation, training and other services for Raj Bhavan. The crime was solved within a week. TL has also been helpful in resolving false claims. In a child swapping case referred by the district hospital in Mandya, Karnataka, DNA testing by TL established that the child had not been swapped. Similarly, when a Delhi maid claimed hereditary rights saying that the father of her child was a son of the landlord, DNA tests proved that she was wrong.
The lab gets four or five calls every day asking for consultancy from individuals as well as courts. Being a private agency, it is free of the red tape and bureaucratic procedures which delay investigation, conviction and even court proceedings. There are 25 state-run and four Centre-run FSLs, which receive cases after months and, at times, years later from the police or courts. When, finally, the reports are sent, the courts take a few more months or even years to give the final verdict. This delay, during which vital evidence may also be lost, is why both the police and courts are increasingly banking on TL. The Karnataka Police have made it a practice for the CID to send all cases to TL directly. The Delhi Police, too, have directed all their police stations to refer cases in matters of urgency, importance and sensitive nature to TL.
Forensic reports in seven days means investigations are fast-tracked and bureaucratic sloth bypassed.
TL averages seven days to submit its report, that too with ISO 9001 certification by legally valid and accredited experts. Moreover, it's a boon for individuals who can't approach government-run FSLs to resolve their personal matters--unless they approach the police in criminal cases or courts in civil cases. Now individuals and institutions are, without reporting to the police, turning to TL to resolve disputes, ranging across Internet fraud, corporate fraud, identity theft, false insurance claims and child paternity disputes to maintain their confidentiality. "Many a time, individuals and organisations are confronted with the problem of providing evidence to prove their statements to the police or courts. Due to lack of knowledge and resources to provide tangible proofs, they end up in frustration. TL has the knowledge, expertise and resources to advise those interested in obtaining evidence," says its founder Dr KPC Gandhi, a former IGP and director, Andhra Pradesh FSL. TL's findings are legally valid as the teams comprise recognised forensic experts. "The existing evidence laws are strong enough, if only those presenting evidence utilise it competently and confidently with professionalism," he says.
TL is inspired by Truth Labs Inc US, which operates on the same non-profit principles. The main problem TL faces in India is the shortage of trained professionals. It is collaborating with the University of Hyderabad, National Law School of India University, Bangalore, and the Bureau of Police Research and Development to raise standards and spread its net wider. As of now, TL acts as a facilitator and takes over where both the civil and criminal justice system have faced delays and incompetence. Considering how often that happens, private labs like TL are a welcome addition to crime busting in India.
A leading Bollywood actress found her cheque book had been stolen and several cheques totalling Rs 10 crore had been issued, forging her signature. The suspect cheques were forensically examined and the forger was identified, making it possible to recover the money in a few days.
A DNA test proved that a husband's suspicions about the paternity of his wife's second child were baseless, ending years of marital strife.
Forensic examination of a will proved that it had been forged by an unscrupulous member of the family. The contents of the will had divided the family for over two generations.
A leading industrialist was robbed of priceless family jewellery from his Delhi farmhouse. Fingerprint and forensic experts visited the site and, within three hours, identified the culprit who confessed to the crime.
Forensic science is the cutting edge of modern criminology and crime, and TV serials like CSI show us just why. The above examples are all cases that were solved in a forensic laboratory with one surprising twist: they were processed at India's first independent, private forensic science laboratory (FSL). Truth Labs (TL) is a Hyderabad-based initiative involved in helping the victims of crime; one through forensic examination and collection to be passed on to the police, and the other by examining evidence referred by individuals, the police and courts. Be it examining documents, analysing fingerprints, DNA profiling, polygraph testing, authenticating audio and video records, investigating a crime scene, screening a suspect from a psychological perspective or using any other probe to pinpoint the offender, TL is emerging as an effective investigating agency to complement existing governmentrun institutions. Private parties are using TL to resolve disputes that spring up over inheritance, forgery, impersonation, marital infidelity, and even corporate espionage. Being a non-profit organisation and part of a public society called Truth Foundation adds to TL's credibility. After Hyderabad, it has also expanded to Delhi and Bangalore. Chennai and Mumbai are on the horizon too.
What's more significant is that TL is not just emerging as an alternate dispute resolution mechanism for out-of-court settlements but is pioneering proactive forensics, which is relatively unknown in India. For the first time here, forensic services are available in an institutional setting under one roof and at international standards. An added advantage is it ensures privacy and confidentiality. Armed with scientific proof garnered by TL, the Hyderabad Police arrested a local power broker for letting out a huge commercial property with a forged rental deed. Fingerprint and document analyses carried out by TL helped establish the ownership of a disputed piece of agricultural land in northwest Delhi worth Rs 3 crore. In another case, a family from Mumbai approached TL for polygraph testing after a young bride confessed that her father-in-law had propositioned her when it was discovered that her husband was infertile and they were planning to have a test tube baby.
"The existing evidence laws are strong enough, if only those presenting evidence utilise it competently and confidently with professionalism."
KPC Gandhi, Truth Lab's founder
What TL's successes also prove is that investigations can be fast-tracked by using proper scientific methods. In a daring case of power abuse, by forging the signatures of the Karnataka governor, his adviser and special secretary, a Bangalore-based flying academy tried to get favours for the contract of maintenance, operation, training and other services for Raj Bhavan. The crime was solved within a week. TL has also been helpful in resolving false claims. In a child swapping case referred by the district hospital in Mandya, Karnataka, DNA testing by TL established that the child had not been swapped. Similarly, when a Delhi maid claimed hereditary rights saying that the father of her child was a son of the landlord, DNA tests proved that she was wrong.
The lab gets four or five calls every day asking for consultancy from individuals as well as courts. Being a private agency, it is free of the red tape and bureaucratic procedures which delay investigation, conviction and even court proceedings. There are 25 state-run and four Centre-run FSLs, which receive cases after months and, at times, years later from the police or courts. When, finally, the reports are sent, the courts take a few more months or even years to give the final verdict. This delay, during which vital evidence may also be lost, is why both the police and courts are increasingly banking on TL. The Karnataka Police have made it a practice for the CID to send all cases to TL directly. The Delhi Police, too, have directed all their police stations to refer cases in matters of urgency, importance and sensitive nature to TL.
Forensic reports in seven days means investigations are fast-tracked and bureaucratic sloth bypassed.
TL averages seven days to submit its report, that too with ISO 9001 certification by legally valid and accredited experts. Moreover, it's a boon for individuals who can't approach government-run FSLs to resolve their personal matters--unless they approach the police in criminal cases or courts in civil cases. Now individuals and institutions are, without reporting to the police, turning to TL to resolve disputes, ranging across Internet fraud, corporate fraud, identity theft, false insurance claims and child paternity disputes to maintain their confidentiality. "Many a time, individuals and organisations are confronted with the problem of providing evidence to prove their statements to the police or courts. Due to lack of knowledge and resources to provide tangible proofs, they end up in frustration. TL has the knowledge, expertise and resources to advise those interested in obtaining evidence," says its founder Dr KPC Gandhi, a former IGP and director, Andhra Pradesh FSL. TL's findings are legally valid as the teams comprise recognised forensic experts. "The existing evidence laws are strong enough, if only those presenting evidence utilise it competently and confidently with professionalism," he says.
TL is inspired by Truth Labs Inc US, which operates on the same non-profit principles. The main problem TL faces in India is the shortage of trained professionals. It is collaborating with the University of Hyderabad, National Law School of India University, Bangalore, and the Bureau of Police Research and Development to raise standards and spread its net wider. As of now, TL acts as a facilitator and takes over where both the civil and criminal justice system have faced delays and incompetence. Considering how often that happens, private labs like TL are a welcome addition to crime busting in India.
POLYGRAPH/LIE-DETECTOR TEST
1) How is the Polygraph Examination conducted?
A Polygraph (popularly referred to as a Lie-Detector) is an instrument that measures and records physiological changes caused by the sympathetic nervous system, while the subject is asked a series of questions for which he has to answer “yes” or “no”, wherein deliberate lying produces bodily reactions reflected in blood pressure, respiration (breath rate), skin sensitivity etc. measured through the couplings made to the body of the person.
2) How accurate is a Polygraph?
The Polygraph has been proven to be 98% accurate in the tests so far conducted.
3) How long does it take to administer a Polygraph test?
It usually takes from 2 to 3 hours to administer a Polygraph test for each individual.
4) In Polygraph, Lie-Detector test the subject is administered a drug through injection?
No, Polygraph test is a physiological test of psychological conditions of the person which are measured through a) blood pressure b) breath/respiration rate c) skin resistance by attaching rubber/plastic cuffs to the forearm, chest and fingers just as in case of blood pressure test or ECG test.
5) Does Polygraph Examination require the consent of the person to be examined?
Yes. Nobody can be examined to undergo the test without their willingness.
6) In what types of cases can Polygraph Examination prove useful?
Psychological screening of suspects of examine frauds, thefts, abuse, harassment, dishonesty, infidelity, rape, murder, threat or any other white collar crime can be undertaken using Polygraph test.M
7) Does high blood pressure affect the accuracy of the Polygraph test?
No. While blood pressure is one of the physiological reactions measured, it does not affect the accuracy of the test. However, prior to examination, it is necessary to ensure medical fitness of the subject.
8) Does the emotional state of the person interfere the Polygraph Analysis?
Yes. The person undergoing the test should be in a calm and healthy condition.
9) Who should NOT take a Polygraph test?
a. Anyone who is being forced to take it.
b. Any person with a serious heart condition, unless his doctor has given written approval.
c. A pregnant women, unless her doctor has given written approval.
d. Any person who is determined to be mentally incompetent or any person who has a respiratory illness or cold and/or any person who has nerve damage or paralysis.
e. Any person who has had a stroke or is an epileptic.
f. Any person who is in pain (i.e., toothache, headache or a recent injury).
10) Is the Polygraph test conducted at all branches of Truth Labs?
No. Polygraph examination is currently undertaken at Delhi office of Truth Labs. However, in important cases tests can be organized anywhere in India.
A Polygraph (popularly referred to as a Lie-Detector) is an instrument that measures and records physiological changes caused by the sympathetic nervous system, while the subject is asked a series of questions for which he has to answer “yes” or “no”, wherein deliberate lying produces bodily reactions reflected in blood pressure, respiration (breath rate), skin sensitivity etc. measured through the couplings made to the body of the person.
2) How accurate is a Polygraph?
The Polygraph has been proven to be 98% accurate in the tests so far conducted.
3) How long does it take to administer a Polygraph test?
It usually takes from 2 to 3 hours to administer a Polygraph test for each individual.
4) In Polygraph, Lie-Detector test the subject is administered a drug through injection?
No, Polygraph test is a physiological test of psychological conditions of the person which are measured through a) blood pressure b) breath/respiration rate c) skin resistance by attaching rubber/plastic cuffs to the forearm, chest and fingers just as in case of blood pressure test or ECG test.
5) Does Polygraph Examination require the consent of the person to be examined?
Yes. Nobody can be examined to undergo the test without their willingness.
6) In what types of cases can Polygraph Examination prove useful?
Psychological screening of suspects of examine frauds, thefts, abuse, harassment, dishonesty, infidelity, rape, murder, threat or any other white collar crime can be undertaken using Polygraph test.M
7) Does high blood pressure affect the accuracy of the Polygraph test?
No. While blood pressure is one of the physiological reactions measured, it does not affect the accuracy of the test. However, prior to examination, it is necessary to ensure medical fitness of the subject.
8) Does the emotional state of the person interfere the Polygraph Analysis?
Yes. The person undergoing the test should be in a calm and healthy condition.
9) Who should NOT take a Polygraph test?
a. Anyone who is being forced to take it.
b. Any person with a serious heart condition, unless his doctor has given written approval.
c. A pregnant women, unless her doctor has given written approval.
d. Any person who is determined to be mentally incompetent or any person who has a respiratory illness or cold and/or any person who has nerve damage or paralysis.
e. Any person who has had a stroke or is an epileptic.
f. Any person who is in pain (i.e., toothache, headache or a recent injury).
10) Is the Polygraph test conducted at all branches of Truth Labs?
No. Polygraph examination is currently undertaken at Delhi office of Truth Labs. However, in important cases tests can be organized anywhere in India.
Slow justice contradicts India’s democratic strengths: PM
March 27th, 2010
New Delhi, March 27 India’s legal and judicial system reflects “great contradiction”, Prime Minister Manmohan Singh said Saturday urging that the justice delivery mechanism needed to be expedited to strengthen the country’s democratic roots.
“The Indian legal and judicial system is one of the solid pillars of our democracy… Our government attaches great importance to the legal empowerment of the common man,” Manmohan Singh said, addressing a day-long national convention of Law, Justice and the Common Man.
The prime minister said democracy held “little meaning for the common man” unless he or she is able to secure basic rights and gain easy access to speedy justice.
“The Indian legal and judicial system in some sense reflects great contradiction Our democracy and legal system have strengths that are admired all over the world. We have a free press, a true independent judiciary and independent institutions like the Election Commission and Comptroller and Auditor General of of India, which underpin our democratic framework,” he said.
“However, all these strengths are somewhat diminished due the backlog of cases,” the prime minister added.
He asked state governments to initiate immediate action for the operationalisation of the Gram Nyayalaya Act, passed by the government last year and according to which 5,000 rural courts will be set up at the village level to dispense speedy justice.
“I urge state governments to initiate immediate action to operationalise this act in their states. Once the act is fully implemented, we will have more than 5,000 courts at village panchayat level. These will bring justice at the doorstep of common people,” the prime minister said.
According to official figures, there are over 3.10 crore cases pending across the country and the rural courts are aimed to help speed up the justice delivery system.
These courts will deal with cases at a level below the subordinate courts but in the same capacity. The act provides for first class judicial magistrates dispensing justice. Judicial magistrate first class (JMFC) will be posted at the rural courts and will be called Nyaya Adhikaris.
New Delhi, March 27 India’s legal and judicial system reflects “great contradiction”, Prime Minister Manmohan Singh said Saturday urging that the justice delivery mechanism needed to be expedited to strengthen the country’s democratic roots.
“The Indian legal and judicial system is one of the solid pillars of our democracy… Our government attaches great importance to the legal empowerment of the common man,” Manmohan Singh said, addressing a day-long national convention of Law, Justice and the Common Man.
The prime minister said democracy held “little meaning for the common man” unless he or she is able to secure basic rights and gain easy access to speedy justice.
“The Indian legal and judicial system in some sense reflects great contradiction Our democracy and legal system have strengths that are admired all over the world. We have a free press, a true independent judiciary and independent institutions like the Election Commission and Comptroller and Auditor General of of India, which underpin our democratic framework,” he said.
“However, all these strengths are somewhat diminished due the backlog of cases,” the prime minister added.
He asked state governments to initiate immediate action for the operationalisation of the Gram Nyayalaya Act, passed by the government last year and according to which 5,000 rural courts will be set up at the village level to dispense speedy justice.
“I urge state governments to initiate immediate action to operationalise this act in their states. Once the act is fully implemented, we will have more than 5,000 courts at village panchayat level. These will bring justice at the doorstep of common people,” the prime minister said.
According to official figures, there are over 3.10 crore cases pending across the country and the rural courts are aimed to help speed up the justice delivery system.
These courts will deal with cases at a level below the subordinate courts but in the same capacity. The act provides for first class judicial magistrates dispensing justice. Judicial magistrate first class (JMFC) will be posted at the rural courts and will be called Nyaya Adhikaris.
After wife plea, court bars NRI from selling Delhi property
Mar 27, 2010
NEW DELHI: It was a matrimonial dispute spread across continents. Married to an India-born UK citizen, a woman was sent back to her maternal house in India when things turned ugly between her husband and her. The woman filed a case against her husband and in-laws in a trial court here, despite the fact that the Protection of Women from Domestic Violence Act, 2005, has no jurisdiction outside the country.
The woman finally got some respite when the trial court directed her in-laws, who came to the country last month to sell off their property here and thereafter move back to London, not to sell their house without permission from the court. While the Supreme Court has said a woman does not have any right over the house owned by her in-laws, the trial court's order came after the woman told the court her belongings were still lying inside the Paschim Vihar house.
"I direct the respondents not to alienate the house and not to remove the household articles without seeking prior permission of the court," a mahila court at Tis Hazari said. It also directed the woman's brother-in-law, who also lives in London, not to leave the country without first taking permission from the court. Even though the woman has no right over the house belonging to her in-laws, the court's order has now allowed the woman to seek maintenance from her husband.
Arguing before the court, the woman's counsel, Prashant Mendiratta, said the woman, living with her parents in Gurgaon, had a three-month old daughter. He said the dowry, given at the time of the wedding, were lying in the woman's in-laws' house. The couple got married on November 23, 2008, in Delhi. After living in the country for a month, the couple left for London. However, the woman was allegedly thrown out after a dispute and came back to India in May 2009.
NEW DELHI: It was a matrimonial dispute spread across continents. Married to an India-born UK citizen, a woman was sent back to her maternal house in India when things turned ugly between her husband and her. The woman filed a case against her husband and in-laws in a trial court here, despite the fact that the Protection of Women from Domestic Violence Act, 2005, has no jurisdiction outside the country.
The woman finally got some respite when the trial court directed her in-laws, who came to the country last month to sell off their property here and thereafter move back to London, not to sell their house without permission from the court. While the Supreme Court has said a woman does not have any right over the house owned by her in-laws, the trial court's order came after the woman told the court her belongings were still lying inside the Paschim Vihar house.
"I direct the respondents not to alienate the house and not to remove the household articles without seeking prior permission of the court," a mahila court at Tis Hazari said. It also directed the woman's brother-in-law, who also lives in London, not to leave the country without first taking permission from the court. Even though the woman has no right over the house belonging to her in-laws, the court's order has now allowed the woman to seek maintenance from her husband.
Arguing before the court, the woman's counsel, Prashant Mendiratta, said the woman, living with her parents in Gurgaon, had a three-month old daughter. He said the dowry, given at the time of the wedding, were lying in the woman's in-laws' house. The couple got married on November 23, 2008, in Delhi. After living in the country for a month, the couple left for London. However, the woman was allegedly thrown out after a dispute and came back to India in May 2009.
Police to pay Rs 6 lakh for framing false cases
March 26, 2010
The Delhi High Court on Thursday awarded a compensation of Rs 5.62 lakh to a person, who was falsely implicated in 18 criminal cases by the police.
Prempal had sought a compensation of Rs 60 lakh from the Delhi Police for implicating him in 18 false cases between 1991 and 2007. But he got only a fraction of his claims.
The court directed Delhi Police commissioner Y. S. Dadwal to compensate the victim as well as tender a written apology to the victim and his family for their suffering.
"If the confidence has to be restored among the citizenry that the police are meant to protect their rights, then such an expression of contrition by those at the helm is imperative," the court said.
The court asked Dadwal to review the criminal cases pending against Prempal and asked him to take a decision within four weeks on whether these cases needed to be pursued against him.
Prempal was slapped with the cases because he had dared to take on the local policemen after they refused to return his household goods recovered from robbers.
"It started in 1991 when I filed an FIR of theft at my house. The police after arresting the accused and recovering the household goods did not return it. I took on the police and registered a case against them. After that a vigilance inquiry was done and the officials were suspended," "In revenge, the police destroyed 15 years of my life and my family by implicating me in false cases but could not prove any of the cases," he added.
Out of the 18 cases, he was acquitted in 13 after facing a prolonged trial. However in five cases, the police managed to get him convicted, which included four cases of theft and one under the Arms Act.
Prempal moved the high court in 2006 against the Delhi Police for falsely implicating him in a rape case of a minor girl in 2002.
The police accused him of raping the daughter of his landlord as he was having frequent quarrels with him. He was arrested, tortured in custody and suffered incarceration in jail for nearly seven years. Prempal was acquitted by a trial court in September 2004.
The trial court in its order had stated that the police officers involved in framing the case against Prempal should be given exemplary punishment, but the Delhi Police did not abide by it.
"I consider this as an eye-opener case, which reveals the manner in which police lets off real culprits and falsely implicates innocent persons, who dare ask for justice or who want erring police officers to be brought to book," the court observed.
"The torture of Prempal has converted him into a living corpse. It is a case which shows that the police force has persons of criminal character in it, who are out to damage the whole institution and need to be weeded out," the court added.
In all the five cases in which Prempal was convicted, the FIRs were lodged at the Sangam Vihar police station.
Four out of the five cases in which he was convicted were registered in 1999 under sections 457/ 380/ 411 of IPC related to trespass and house break- in by night to commit offence. He was sentenced to rigorous imprisonment for 18 months in each of the cases. However, Prempal was acquitted in seven similar cases.
The fifth conviction was under sections 25/ 27/ 54 and 59 of the Arms Act in which he was sentenced to rigorous imprisonment for one year and six months and was fined Rs 100.
But he was acquitted in three other cases under the Arms Act.
Prempal was also acquitted in a case (FIR No 117/ 1991) where he was charged under sections 302/ 34 IPC. The Sangam Vihar police not only implicated him but also his son Sanjay and his wife. The court expressed surprise over the Delhi Police continuing to dub Prempal as a " hardened criminal". " Despite so many acquittals, the Delhi Police continue to dub him as a hardened criminal, this is an appellation that is at once unfair and unjustified.
The most precious years of his life were spent in trying to defend himself against these false cases," Justice S. Murlidhar said.
"What is disconcerting is the number of cases registered at the same police station and the ordeal that Prempal has had to undergo over several years to get relieved of the cases," he added.
Case Record:
18 false cases slapped against him
5 cases in which he was convicted
7 years Prempal had to spend in jail
Rs 5.62 lakh compensation awarded to him by the Delhi High Court
Rs 60 lakh compensation he had claimed for the harassment meted out to him
Download Full Judgment here::
http://lobis.nic.in/dhc/SMD/judgement/25-03-2010/SMD25032010CW110792006.pdf
The Delhi High Court on Thursday awarded a compensation of Rs 5.62 lakh to a person, who was falsely implicated in 18 criminal cases by the police.
Prempal had sought a compensation of Rs 60 lakh from the Delhi Police for implicating him in 18 false cases between 1991 and 2007. But he got only a fraction of his claims.
The court directed Delhi Police commissioner Y. S. Dadwal to compensate the victim as well as tender a written apology to the victim and his family for their suffering.
"If the confidence has to be restored among the citizenry that the police are meant to protect their rights, then such an expression of contrition by those at the helm is imperative," the court said.
The court asked Dadwal to review the criminal cases pending against Prempal and asked him to take a decision within four weeks on whether these cases needed to be pursued against him.
Prempal was slapped with the cases because he had dared to take on the local policemen after they refused to return his household goods recovered from robbers.
"It started in 1991 when I filed an FIR of theft at my house. The police after arresting the accused and recovering the household goods did not return it. I took on the police and registered a case against them. After that a vigilance inquiry was done and the officials were suspended," "In revenge, the police destroyed 15 years of my life and my family by implicating me in false cases but could not prove any of the cases," he added.
Out of the 18 cases, he was acquitted in 13 after facing a prolonged trial. However in five cases, the police managed to get him convicted, which included four cases of theft and one under the Arms Act.
Prempal moved the high court in 2006 against the Delhi Police for falsely implicating him in a rape case of a minor girl in 2002.
The police accused him of raping the daughter of his landlord as he was having frequent quarrels with him. He was arrested, tortured in custody and suffered incarceration in jail for nearly seven years. Prempal was acquitted by a trial court in September 2004.
The trial court in its order had stated that the police officers involved in framing the case against Prempal should be given exemplary punishment, but the Delhi Police did not abide by it.
"I consider this as an eye-opener case, which reveals the manner in which police lets off real culprits and falsely implicates innocent persons, who dare ask for justice or who want erring police officers to be brought to book," the court observed.
"The torture of Prempal has converted him into a living corpse. It is a case which shows that the police force has persons of criminal character in it, who are out to damage the whole institution and need to be weeded out," the court added.
In all the five cases in which Prempal was convicted, the FIRs were lodged at the Sangam Vihar police station.
Four out of the five cases in which he was convicted were registered in 1999 under sections 457/ 380/ 411 of IPC related to trespass and house break- in by night to commit offence. He was sentenced to rigorous imprisonment for 18 months in each of the cases. However, Prempal was acquitted in seven similar cases.
The fifth conviction was under sections 25/ 27/ 54 and 59 of the Arms Act in which he was sentenced to rigorous imprisonment for one year and six months and was fined Rs 100.
But he was acquitted in three other cases under the Arms Act.
Prempal was also acquitted in a case (FIR No 117/ 1991) where he was charged under sections 302/ 34 IPC. The Sangam Vihar police not only implicated him but also his son Sanjay and his wife. The court expressed surprise over the Delhi Police continuing to dub Prempal as a " hardened criminal". " Despite so many acquittals, the Delhi Police continue to dub him as a hardened criminal, this is an appellation that is at once unfair and unjustified.
The most precious years of his life were spent in trying to defend himself against these false cases," Justice S. Murlidhar said.
"What is disconcerting is the number of cases registered at the same police station and the ordeal that Prempal has had to undergo over several years to get relieved of the cases," he added.
Case Record:
18 false cases slapped against him
5 cases in which he was convicted
7 years Prempal had to spend in jail
Rs 5.62 lakh compensation awarded to him by the Delhi High Court
Rs 60 lakh compensation he had claimed for the harassment meted out to him
Download Full Judgment here::
http://lobis.nic.in/dhc/SMD/judgement/25-03-2010/SMD25032010CW110792006.pdf
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