Pocso Section 6, Posco Act 2012

Expalined by Dr. Anthony Raju Advocate Supreme Court

Punishment for aggravated penetrative sexual assault.

1[6. Punishment for aggravated penetrative sexual assault.-- (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.

(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.]

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The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156(3) CrPC to investigate a cognizable offence.
A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and would not stand quashed if the revision court sets aside the magistrate's order.
“registration of the FIR is not inexorably consequential to the order passed by the Magistrate under Section 156(3) of the Code. At the cost of repetition, it must be noted that the registration of the FIR by the police, upon a cognizable offence having been reported, is the statutory duty of the police. As a principle, therefore, we find it difficult to agree with the submission of Mr. Desai that once the order directing investigation under Section 156(3) is set aside, everything which follows must fall through.”
The court underscored that the power to quash investigations or prosecutions lies within the realm of writ jurisdiction under the Constitution or inherent powers under Section 482 of the CrPC, aimed at preventing abuse of the legal process or ensuring justice.
The larger bench held that revision under section 397 of CrPC is not an efficacious remedy against an order of the magistrate directing investigation under Section 156(3) after the registration of an FIR. However, the court emphasized that the remedy of revision would not become redundant once the FIR is registered, and the revision court order would still have utility as high court can take it into account while considering writ petition for quashing the FIR.
“If such an order is passed before the completion of investigation, the investigating agency may take the same into account in determining the course the investigation shall culminate into. If such an order is passed, post lodging of the chargesheet, the jurisdictional Magistrate may have the benefit of the said order at the stage of taking cognizance or during the course of the inquiry, as envisaged by the Code. The High Court may also have due regard to the order of the revisional Court while considering the prayer for quashing the FIR and/or prosecution in exercise of writ or inherent jurisdiction.”
The court suggested that before the revisional court makes any decision, it should confirm whether the FIR has been registered following the magistrate's order. It identified two scenarios: pre-registration and post-registration of the FIR.
In the scenario where the FIR is not yet registered, the court held that the revisional court should issue an interim order staying the effects of the magistrate's order under Section 156(3). This interim order would prevent the investigating agency from registering the FIR and proceeding with the investigation until the revisional court's decision.
If the FIR has already been registered, the nature of the infirmity in the magistrate's order becomes relevant, the court said. The revisional court may stay further proceedings pursuant to the FIR if it finds a jurisdictional error in the order, if the investigation is still ongoing. The court emphasized that the revisional court must record reasons for its decision to stay proceedings based on jurisdictional errors.

However, if the investigation has progressed to the point of lodging a chargesheet or court cognizance, the interim or final order passed by the revisional court to set aside the magistrate's order under Section 156(3) would not automatically quash the resultant prosecution, the court held.
The court answered thus a reference by a single judge is a batch of writ petitions regarding a cheating case involving Municipal Commissioners and officers of the Kalyan-Dombivali Municipal Corporation (KDMC).
A former Municipal Councilor of KDMC had filed a complaint concerning the redevelopment of Manek Colony. He alleged collusion between municipal officers and a developer, resulting in prejudice to the colony's occupants. The complaint cited offenses under Sections 120B, 420, 418, 415, 467, 448 read with Section 34 of the IPC and Sections 9 and 13 of the Prevention of Corruption Act, 1988.
The Judicial Magistrate, First Class, Kalyan, directed the police to investigate the complaint under Section 156(3) of the CrPC. Following this, an FIR was registered. However, the accused filed a Revision Application challenging the magistrate's order. The Additional Sessions Judge allowed the revision application, dismissing the complaint.
Subsequently, writ petitions challenging the sessions court order were brought before the High Court. The Single Judge noted conflicting views in previous judgments regarding maintainability of revision against orders under section 156(3) CrPC and referred the matter to a larger bench.
The larger bench court identified a conflict arising when writ petitions and applications under Section 482 of the CrPC for quashing of FIR are declined on the basis that revision under Section 397 CrPC is an alternative remedy against an order under Section 156(3), even if it has led to the registration of an FIR and subsequent proceedings.
The question before the court was whether revision under Section 397 CrPC is an efficacious remedy against an order directing investigation under Section 156(3) CrPC, even after the registration of an FIR and subsequent proceedings, and to what extent the revisional court can intervene in the investigation post-registration of the FIR.
In instances where police inaction persists or ineffective investigation occurs, individuals can seek recourse through a Magistrate under Section 156(3). This provision empowers the Magistrate to supervise the investigation agency if the investigating agency has not registered FIR even though a cognizable offence is disclosed or despite having registered the FIR, has not conducted proper and effective investigation.
The court emphasized that the order under Section 156(3) merely reminds the police of their statutory duty to register FIRs and conduct investigations. The court said that setting aside an order under Section 156(3) will not automatically nullify all subsequent actions, such as FIR registration and investigations as actions following such orders, including arrests, remands, chargesheets, and court cognizance, are carried out under statutory authority.

The court directed the petitions to be placed to respective benches for further proceedings.
Case no. – Writ Petition No. 2517 of 2022
Case Title – Arun P. Gidh v. Chandraprakash Singh and Ors.
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Taking advantage of section 498 A of IPC, women misuse the law by harassing husband and their family members, especially it causes trouble to an elderly couple who are lying on the bed. In today's modern era, despite being educated are unable to understand 498 A is being used as a weapon against men.
The court stated that the provision is sometimes used as a tool for "legal terrorism" instead of seeking justice. The Calcutta High Court (HC) has shed light on the misuse of Section 498A of the Indian Penal Code (IPC), a provision aimed at addressing harassment or cruelty against women by their husbands or in-laws
===
https://economictimes.indiatimes.com/news/india/anti-dowry-ipc-section-498a-is-being-misused-as-a-tool-to-unleash-legal-terrorism-calcutta-hc/articleshow/102986776.cms?from=mdr
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(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.
All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju
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Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General  : Asian Human Rights Council
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Most Rev. Dr. Anthony Raju - Advocate, Supreme Court of India and a dynamic criminal advocate, dedicated, internationally accredited HUMAN RIGHTS, PEACE Ambassador and is one of Global's foremost voices of Human Rights.
 
According to Dr. Anthony “Criminal is one of the few professions where the client buys someone’s luck. The luck of most people is strictly non-transferable. But a good criminal lawyer can sell all his luck to client and the more the luck he sells the more he has to sell.
 
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He is well well-known TEDx Speaker, a Highly acclaimed Keynote and Public Speaker, a very respected Panellist on a Very reputable Media House, TV Channels National and International, a Motivational Speaker, Educator, Journalist, Writer, and Corporate Legal Advisor, Diplomat, Eminent Social Reformer, Environmentalist,  Educator, Human Rights and Constitutional Rights Activist, Motivator, Change maker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian work Expert, etc.
 
Dr. Anthony Raju has been awarded several National and International Awards for his Excellent work for more than 15 Years in promoting and protecting Human Rights. He has been awarded with several (Honoris Causa) Degrees, Like a Doctor of Sociology, and a Doctorate of Human Rights by International Peace University, Germany, Ph.D. Social Work by Universal Academy for Global Peace, Lifetime membership and Award by International Journalism Centre, National Human Rights Activist Award by All India Newspaper Association, Ambassador of Peace Award by Blind Association, Peace Ambassador by Global Peace Initiative -USA    
 
Dr. Anthony Raju has justified his position many times against capital punishment, he has publicly condemned this barbaric act in the name of punishment. He has written several articles on extra-judicial Killings, Violence Against Women, the Right to Education, Rights to Information Contemporary forms of slavery, the Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions, Sale of Children, Child prostitution, Independence of Judges and Lawyers.      
 
Dr. Anthony Raju spends most of their time between Tribal, underprivileged, Villages, he widely travels in various States, majorly in the Tribal and Rural belts of India, South Africa, and internationally.
 
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All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju 
Advocate , Supreme Court of India.
Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General  : Asian Human Rights Council 
International Peace keeper 

Dr. Anthony Raju - Advocate, Supreme Court of India and a dynamic, dedicated, Internationally accredited HUMAN RIGHTS, PEACE Ambassador & SOCIAL Worker and is one of Global's foremost voices of Human Rights.

Dr. Anthony Raju , who is an Internationally Reputed and Accredited PEACE BUILDER, HUMAN RIGHTS DEFENDER , Diplomat , an Eminent Social Reformer & Activist, Environmentalist, Educator, Human Rights & Constitutional Rights Activist, Motivator, Changemaker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian works Expert, etc.

Dr. Anthony Raju has been awarded several National & International Awards for his Excellence work for more than 15 Years for promoting and protecting Human Rights. He has been awarded with several (Honoris Causa) Degrees , Like Doctor of Sociology , Doctorate of Human Rights by International Peace University , Germany, PHD. Social Work by Universal Academy for Global Peace , Life time membership and Award by International Journalism Centre , National Human Rights Activist Award by All India Newspaper Association , Ambassador of Peace Award by Blind Association, Peace Ambassador by Global Peace Initiative -USA

Dr. Anthony Raju had justified his position many times against the capital punishment , he has publicly condemned this barbaric act in name of punishment. He has written number of articles on Extra Judicial Killings, Violence Against Women, Right to Education, Rights to Information Contemporary forms of slavery , Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions , Sale of Children, Child prostitution , Independence of Judges and Lawyers.

Dr. Anthony Raju spends most of the time between Tribal , underprivileged , Villages , he widely travels in various States i.e Orissa , Chhattisgarh, Jharkhand , Bihar , Uttar Pradesh , Madhya Pradesh , Uttrakhand , Gujarat , Rajasthan etc.
 
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Uttar Pradesh State Human Rights Commission
Tel.No.: 0522 2728104.
Fax: 2728108.
Email: uphrclko@yahoo.co.in.
Website: http://uphrc.up.nic.in.
Address: Manav Adhikar Bhawan,TC-34, V-1, Vibhuti Khand, Gomti Nagar,Lucknow-226010.

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Tel.No.: 0135-2608444.
Fax: 0135-2608720.
Email: uttarakhand-hrc@uk.gov.in.
Website: http://www.ukhrc.net.
Address: Plot No A-8, IT Park, Sahastradhara Road, Dehradun, Uttarakhand-248001.

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Punjab Human Rights Commission
Tel.No.: 0172-2635401.
Fax: 0172-2635435.
Email: pshrc.nod@punjab.gov.in.
Website: http://www.pshrc.net/
Address: SCO NO. 220-221, SECTOR-34/A, CHANDIGARH-160022.

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Himachal Pradesh State Human Rights Commission
Tel.No.: 0177-2625455, 2627202, 2626377, 2925455, 2627755.
Fax: 2622377.
Email: hphrc-shi@hp.gov.in.
Website: https://hphrc.hp.gov.in/
Address: PINES GROVE BUILDING. SHIMLA-171002.

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Rajasthan State Human Rights Commission
Tel.No.: 0141-2227742.
Fax: 0141-2227738.
Email: rshrc@raj.nic.in.
Website: www.rshrc.rajasthan.gov.in.
Address: SSO Building Secretariat, Jaipur-302005.

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Tel.No.: 022 22076408 / 22034233.
Fax: 022 22091804 / 22078962.
Email: complaint-mshrc@gov.in.
Website: http://www.mshrc.gov.in.
Address: 9, Hazarimal Somani Marg, Opp. CSMT Station, Mumabi-400001.

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Allahabad HC's Direction To Constitute Family Welfare Committees To Look Into '498A' Complaints Violates Supreme Court Judgments

https://www.livelaw.in/top-stories/allahabad-hc-family-welfare-committee-498a-violates-sc-judgments-201659

======

Veri important Crpc  Section160 

1. Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
   
   Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person1 shall be required to attend at any place other than the place in which such male person or woman resides.
2. The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under Sub-Section (1) at any place other than his residence.

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What this Section 304B in The Indian Penal Code and Section 113B in The Indian Evidence Act, 1872 says
1[304B. Dowry death.—
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprison­ment for a term which shall not be less than seven years but which may extend to imprisonment for life.]

=====

Section 113B in The Indian Evidence Act, 1872
1[113B. Presumption as to dowry death.—When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as in section 304B, of the Indian Penal Code, (45 of 1860).]

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Secretary General  : Asian Human Rights Council 
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Custodial death and anti-torture law

Article 21 of the Constitution of India (Right to Life and Personal Liberty) does not expressly say anything against custodial torture but its ambit is quite extensive. This right states that no person shall be deprived of life or personal liberty except according to the procedure established by law

Custodial torture is a punishable offense under the existing laws but due to various reasons, the accused do not get convicted. ... India is a signatory of United Nations convention against torture and other cruel activities since 1997 but it has not ratified it as India does not have any comprehensive law on torture.

Custodial violence is not a recent phenomenon. Sections 330, 331 & 348 of IPC; Sections 25 & 26 of the Indian Evidence Act; Section 76 of CrPC and Section 29 of the Police Act, 1861 were enacted to curb the tendency of policemen to resort to torture to extract confessions etc.

https://blog.ipleaders.in/custodial-death-anti-torture-law/#:~:text=Article%2021%20of%20the%20Constitution,the%20procedure%20established%20by%20law.

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All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju 
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Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General  : Asian Human Rights Council 
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Andhra Pradesh State Human Rights Commissionhttps://nhrc.nic.in › statecommission › andhra-pradesh-s...
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01-Sept-2021 — Andhra Pradesh human rights commission's temporary office was inaugurated at the state guest house at Kurnool on Wednesday.

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ANDHRA PRADESH — Chairperson, Justice Shri B. Subhashan Reddy. Tele(o):24601574 Tele(r):23114325, FAX:23224325. E-Mail:aphumanrights[at]ap[dot]nic[dot] ...
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01-Sept-2021 — The Andhra Pradesh State Human Rights Commission Chairman Justice Mandhata Seetharama Murthy inaugurated the commission office in the State ...

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Human Rights Forum is a non-political, non-funded voluntary organisation and is NOT RELATED to the Human Rights Commission of Telangana or Andhra Pradesh ...

Andhra Pradesh: Seetharama Murthy launches SHRC office in...https://www.thehansindia.com › ... › Andhra Pradesh
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AP government issues notification shifting SHRC office at ...https://www.thehansindia.com › ... › Andhra Pradesh
27-Aug-2021 — The Andhra Pradesh govt issued a notification last night specifying the location of State Human rights Commission office at Kurnool ...

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After Lokayukta, Andhra Pradesh human rights panel starts ...https://www.newindianexpress.com › states › sep › after...
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Andhra Pradesh: State human rights commission's temporary ...https://timesofindia.indiatimes.com › city › articleshow
01-Sept-2021 — Andhra Pradesh human rights commission's temporary office was inaugurated at the state guest house at Kurnool on Wednesday.

srinivasa rao: Andhra Pradesh: Human rights commission will ...https://timesofindia.indiatimes.com › ... › amaravati News
16-Sept-2021 — AMARAVATI: Stating that human rights are fundamental rights granted by the Constitution, Andhra Pradesh Human Rights Commission (AP HRC) ...

HC tells govt to set up human rights commission office in ...https://timesofindia.indiatimes.com › city › articleshow
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Human Rights Forum is a non-political, non-funded voluntary organisation and is NOT RELATED to the Human Rights Commission of Telangana or Andhra Pradesh ...

After Lokayukta, Andhra Pradesh human rights panel starts ...https://www.newindianexpress.com › states › sep › after...
02-Sept-2021 — SHRC chairman Justice M Sitharama Murthy along with District Collector P Koteswara Rao, SHRC judicial member Dande Subramanyam and non-judicial ...

APSHRC office inaugurated in Kurnool - The Hinduhttps://www.thehindu.com › ... › States › Andhra Pradesh
01-Sept-2021 — The Andhra Pradesh State Human Rights Commission Chairman Justice Mandhata Seetharama Murthy inaugurated the commission office in the State ...

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02-Apr-2021 — Andhra Pradesh Civil Liberties Association (APCLA) State committee member P. Ramu has filed a petition before the Andhra Pradesh State Human ...

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Andhra Pradesh · Mr. Anchula Venkata Murali Krishna · Mr. S. Pothuluraiah · Mr. Y. Venkat Srikanth Reddy · Mr. Devara Parameswaraiah · Mr. Naram Mutyala Rao · Dr. P.
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RED ALERT FOR MEMBERS · DONATE & HELP · BECOME AN IHRA MEMBER ... International Covenant on Civil and Political Rights · International Human Rights Law ...

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63. 040-23226946, Fax: 23241614 8688322366 98490https://tshc.gov.in › documents › jspltp_18_2021...PDF
08-Feb-2021 — TELANGANA STATE HUMAN RIGHTS COMMISSION, FAX : 24601573. Gruhakalpa Complex, M.J.Road,Nampally, Hyderabad-01- 24601572.
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NHRC Member, Shri SC Sinha visits Visakhapatnam<br>https://nhrc.nic.in › press-release › nhrc-member-shri-sc...
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ANDHRAPRADESH HUMAN RIGHTS COUNCIL is registered as a Society at Visakhapatnam of state Andhra Pradesh with Ngo unique registration ID 'AP/2009/0003187' . The ...
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According to A/RES/60/251, the Human Rights Council consists of forty-seven Member States elected by the General Assembly for three year terms. A/RES/65/281 set the yearly membership cycle to begin on 1 January, starting from 2013. The Human Rights Council has 47 members.11-Nov-2021

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Reconciling Religion with Gender Equality

In testing a religious custom, spanning centuries, against the tenets of gender equality, the Supreme Court in Indian Young Lawyers Association v. State of Kerala by a 4:1 decision, held that the Sabarimala religious custom, which prohibits women in their 'menstruating years' from entering the Temple, violates fundamental rights guaranteed to women under the Constitution. Justice Indu Malhotra's dissent has raised questions about the extent to which established religious practices can be challenged on notions of equality.

The dispute is still unfolding as over 50 review petitions are yet to be decided. Even four months after the judgment, there is almost nil enforceability of the judgment with only two women managing to get entry into a temple. This chips away from the authority of the highest Court, if it is helpless in the face of political protests in getting its judgment enforced. Clearly, it’s the troika of reasoning, outcome, and enforceability together that give legitimacy to the Supreme Court as the final arbiter of law.

With the analysis in these two posts we present to the readers a 10-case series by the Supreme Court Observer where we have detailed the journey and the reception of these cases. It is written with a common, non-technical reader, who has an interest in public affairs, in mind.  However, the detailed references and hyperlinks allow the more informed reader to look into the journey of these cases more intensively. Below, find links to the #10 Cases that Shaped India in 2018:

========================

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All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.

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Secretary General  : Asian Human Rights Council

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All India Council Of Human Rights, Liberties & Social Justice - AICHLS
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ALL INDIA COUNCIL OF HUMAN RIGHTS,LIBERTIES & SOCIAL JUSTICE(​AICHLS) is a Social helping hand and an Organization for the ignored, disregarded, ...

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Human Rights Membership Form Free Download - Human ...http://hrwjc.org › membership
1000 (Rupees One Thousand) as membership fee favouring "Human Rights and Women Justice Committee, New Delhi" and self - attested Rs.50 stamp paper (for​ ...

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Human Rights Advisory on safeguarding the rights of informal workers. ... NHRC Team led by Member, Mrs. Jyotika Kalra visits hospitals and crematorium in ...

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human rights of various strata of society, Human rights in India, India has significant ... in India, Human rights membership, How to become member in human rights council How to ... One, C/o Suresh Electronics , Mehrauli, New Delhi - 110030.

Humanrights Association of Indiahttp://www.hrai.co.in
Welcome to official website of Humanrights Association of India. Any one can see member details by entering member number.

MEMBERSHIP FORM-ALL INDIA COUNCIL OF HUMAN ...http://ihrac.org › single_page
National Human Rights Commission. Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi, DELHI - 110023 ... ANNEXURE-'A' NATIONAL HUMAN ...

Human Rights, Civil Rights, Fundamental Rights, Senior ...https://www.hrmi.co.in
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The Act provides for a National Human Rights Commission (NHRC), State ... The Bill amends this to allow three members to be appointed, of which at ... Functions relating to human rights in the case of Delhi will be dealt with by the NHRC.

Center for Human Rights and Subaltern Studies - NLU Delhihttps://nludelhi.ac.in › res-csimr
The institutions of higher learning are necessary upholders of human rights and the ... Dr. Jasper Vikas. Member. Dr. Sophy Joseph. Member. Ms. Monika Negi.
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New Delhi; +91 9871 94 6007; myrights@humanrightspower.com ... Human Rights & Citizens Power is a non-profit organization supported by membership ... A membership donations helps us continue our work to make the Human Rights​ ...

Membership Fees & Other Details | International Human ...https://ihrccc.com › page › title=membership-fees-n-oth...
Welcome to International Human Rights & Crime Control Council (IHRCCC) ... Hi, please be noted that membership fees is always taken in Organization Account ... 869, MAIN ROAD SANT NAGAR, BURARI, DELHI - 110084; info@ihrccc.com ...

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Notification for filling up various posts in the NHRC (Advt. No. 02/2020) (Last date 05.01.2021); NHRC Human Rights Day Function 2020 Webcast/ Video ...
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All India Council Of Human Rights, Liberties & Social Justice - AICHLS
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NHRC Team led by Member, Mrs. @jyotika_kalra visits hospitals & crematorium in Gautam Buddha Nagar: asks the @ChiefSecyUP to take corrective measures ensuring better health care. For details, read: nhrc.nic.in/media/press… @ANI @PTI_News @PIB_India
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NHRC Member, Mrs. @jyotika_kalra addressing NHRC interns on aspects of Health & Education during COVID-19 on 8 July as a part of the Short Term Internship program. #HumanRights @ANI @PTI_News @PIB_India
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NHRC invites articles/stories/poems for publication in its annual Hindi Journal "Manav Adhikar: Nayi Dishayan” Read: nhrc.nic.in/media/press… @ANI @PTI_News @PIB_India
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Mr. Bimal Jhulka IAS, Ex Chief Information Commissioner, India addressing the student interns on RTI Act & challenges in Governance today on 7 July as a part of short term internship program @rtiindia @ANI @PTI_News @PIB_India
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Mr. Vaidya Rajesh Kotecha, Secretary, @moayush addressing NHRC interns on 7 July as a part of the Short Term Internship program. #HumanRights @ANI @PTI_News @PIB_India pic.twitter.com/K5jWc9w…
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Former Chairpersons and Members | National Human Rights ...https://nhrc.nic.in › about-us › composition_prev
S.No    Name    Designation    Date of Assumption
1    Justice Shri Ranganath Misra    Chairperson    12.10.1993
2    Justice Shri M.N. Venkatachalliah    Chairperson    26.11.1996
3    Justice Shri J.S. Verma    Chairperson    04.11.1999
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About the Organisation | National Human Rights Commission ...https://nhrc.nic.in › about-us › about-the-Organisation
09-Oct-2018 — The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the ...

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The National Human Rights Commission (NHRC) of India is a Statutory public body constituted on 12 October 1993 under the Protection of Human Rights ...
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National Human Rights Commission (NHRC) - Drishti IAShttps://www.drishtiias.com › important-institutions › nat...
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The Allahabad High Court has issued notice on a writ petition filed by the Uttar Pradesh Sunni Central Waqf Board, challenging the demolition of the Gareeb Nawaz Mosque in Uttar Pradesh 

https://www.livelaw.in/news-updates/allahabad-high-court-issues-notice-demolition-gareeb-nawaz-mosque-uttar-pradesh-176107

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(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.

All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.

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Advocate , Supreme Court of India.

Global Chairman , All India Council of Human Rights, Liberties & Social Justice.

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International Convener, Universal mission for Peace and Human Rights.

Chairman, National Council of News and Broadcasting.

Secretary General  : Asian Human Rights Council

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Uttar Pradesh Human Rights Commission.
Uttar Pradesh Human Rights Commission उत्तर प्रदेश मानव अधिकार आयोग
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Headquarters    Lucknow, Uttar Pradesh
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माननीय महोदय जी सुलतानपुर पुलिस द्वारा उत्पीड़न किया जा रहा है स्थानीय थाने के चौकीदार एवं होमगार्ड प्रार्थिनी के घर को गिराकर कब्जा किये हुये है लेकिन कोई सुनवाई नहीं हो रही है महोदय जी आपके क्या कार्रवाई होनी
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Calcutta High Court Calls For Report From State Govt Regarding Law & Order Situation, Steps Taken To Prevent Post Poll Violence In West Bengal

https://www.livelaw.in/news-updates/calcutta-high-court-west-bengal-violence-law-order-situation-steps-taken-to-prevent-post-poll-173781

-----------------------------------------

The Nagaland Voluntary Consumers’ Organisation (NVCO) today flayed the Nagaland Government’s failure to set up ‘State Human Rights Commission’ (SHRC) since its inception said that it is “unconstitutional and amounts to negligence and had also disregarded the value of ‘Human Rights’ in the State.”
https://morungexpress.com/nvco-flays-nagaland-govts-failure-to-set-up-state-human-rights-commission

JOIN US TODAY, MEMBERSHIP OPEN AICHLS
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ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE
(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally. 
All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
Dr. Anthony Raju 
Advocate , Supreme Court of India.
Global Chairman , All India Council of Human Rights, Liberties & Social Justice.
Chairman - National Legal Council
International Convener, Universal mission for Peace and Human Rights.
Chairman, National Council of News and Broadcasting.
Secretary General  : Asian Human Rights Council 
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In Public Interest, More Links Of Human Rights Organisation working for the promotion and protection of Human Rights.

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Delhi Riots- "His Picture Speaks Volumes About His Conduct On That Day": Delhi Court Denies Bail To Shahrukh Pathan, Who Pointed Gun At Cop

https://www.livelaw.in/news-updates/delhi-riots-delhi-court-denies-bail-to-shahrukh-pathan-who-pointed-gun-at-cop-169524

Ms.SmritiIrani

Hon’ble Union Minister

Ministry of Women and Child Development,

Dr Rajendra Prasad Rd, Rajpath Area,

Central Secretariat, New Delhi 110001

Dr. Harsh Vardhan

Hon’ble Union Health Minister

Ministry of Health & Family Welfare,

NirmanBhawan,

Near UdyogBhawan Metro Station,

Maulana Azad Rd,

New Delhi, Delhi 110011

Subject: Representation seeking immediate measures/methods to address the issue of increasing domestic violence cases and distressed women and children amid COVID-19 lockdown. 

Respected Madam & Sir,

1. Apart from the public health crisis due to COVID-19, looms large another public health and social crisis i.e. Domestic Violence, also referred to as “Intimate Terrorism” by many. Escalating data suggests that “domestic abuse/violence” is acting like an opportunistic infection, flourishing in the conditions created by the pandemic.

1. Taking note of the seriousness of the issue, the United Nations Secretary General, Mr. AntónioGuterres has called upon nations to also consider the safety of women as a priority in view of worldwide surge in domestic violence in this pandemic in his recent Tweet. 

1. Multiple online and newspaper reports establish that not only in India, but countries such as China, Australia, the U.K., USA etc. are witnessing a horrific surge in domestic violence cases since the COVID-19 outbreak and lockdowns. Needless to mention that the health impact of this violence on women/children are significant. It results in injuries, serious physical, mental, sexual and reproductive health problems, including sexually transmitted infections, HIV, and unplanned pregnancies.Lockdown can’t mean that you save people from a virus, but you expose them to other forms of violence. The police is not the first port of call for victims of domestic violence and, therefore, alternative arrangements have to be put in place. This will be a long lockdown and the government must ensure resources to help women in distress, health services to women and abortion are included as essential services.

1. While the COVID-19 crisis is unprecedented, it’s left many victims of domestic and family abuse inside their homes with their abuser - all day, every day - as people isolate to prevent the spread of the virus. Stress, potential job/economic losses, the disruption of social and protective networks, and decreased access to services all are essential factors in the rise of domestic violence. As distancing measures are being extended and places are being sealed, the situation is worsening. Women have less contact with parents, siblings, friends, work colleagues etc. who may provide support and protection. As resources become more scarce, women are being subjected to verbal/physical abuse. Perpetrators of abuse are using restrictions due to COVID-19 to exercise power and control over their partners to further reduce access to services, help and psychosocial support from both formal and informal networks.

1. As an NGO working in the sphere of human rights, we have received numerous oral complaints from victims of domestic abuse/violence. We have been personally contacted by few women who have been victimized and brutalized by their partners and in-laws and are stuck in their houses with nowhere to go and no help available immediately. Women and children are further scared to inform the police since there are no rescue measures or other designated domestic violence shelter homes available immediately where they can be shifted to. The local police/authorities are faced with the challenge of enforcing the lockdown/sealing, therefore, regular channels to report domestic violence through police/courts and remedies seem far-fetched and remote at this point.

1. There has been a considerable increase in cases of domestic violence as per NCW data. In the wake of reports of domestic violence during the lockdown period, many states such as Kerala have made a whatsapp number available for this cause.  It was in order to address an anticipated rise in violence against women that France announced that it would pay for 20,000 hotel bookings and contribute €1 million to organisations that fight domestic abuse as well as set up assistance points at grocery stores, hospitals  and pharmacies.

1. In such rare circumstances, the concerned ministries like the Ministry of Health, Ministry of Women & Child and the Broadcasting Ministry can work in tandem with Delhi Commission for Women (DCW), National Commission of Women and other affiliated bodies to widely publicize this issue. While recognizing that COVID-19 has placed an immense burden on health systems, there are few suggested measures that can help mitigate the impacts of violence on women & children during this pandemic:

1. Governments and policy makers should widely publicize and disseminate information on this issue, its implications on Television, radio, Social Media, Twitter, Via SMS, Whatsapp, tele-calls and all helpline numbers locally which are operational and responsive 24/7;

1. Freetele-counselling campaigns be planned and executed by teams of Psychologists/Psychiatrists which can be widely advertised and circulated in Newspapers, Television, Radio and Social Networking Sites like Facebook and Twitter. Even regular SMSs can also be sent to create awareness;

1. Local area wise/colony wise hotlines, shelters, rape crisis centres and counselling numbers should be made functional for victims and they should be widely publicized so that a victim knows where to and what to do to find help;

1. Allocate resources to help women in distress and health services to women and abortion to be included as essential services.

1. Announcements in colonies/societies can be made to highlight this and to encourage people to check on their neighbours via videocalls, whatsapp, Facetime, phonecalls SMS’s. It is important to ensure that it is safe to connect with women when the abuser is present in the home;

1. Identification and mechanism in place to relocate the victim to a safe place like a temporary shelter built in form of alternative accommodation, in case victims need to rush to a place;

1. Private NGOs can be directed to collaborate with the Government to formulate a strategy and effective implementation of strategy so as to ensure that there is maximum outreach to resolve such cases and provide all day all night functioning system;

1. Creation of a special corpus in order to meet the financial requirements in setting up hostel and transportation for victims. Like France and many other countries, the Government could consider releasing funds to dedicated NGOs in this sector;

1. Set up assistance points at supermarkets and pharmacies.Also, ensuring that the helpline number 181 shall remain active and is widely publicized on News channels, Radio, SMSs;

1. Police personnel be sensitized to this issue and providing them with the contact details of the concerned government agencies and NGOs who can provide immediate help, should anyone come to them directly complaining of domestic abuse/violence and

1. Widely publicise initiatives like the “RED DOT” initiated by an organization called WEFT (Women Entrepreneurs For Transformation) Foundation under which citizens can identify a domestic violence victim by seeing a red dot on her palm andinform NGOs or authorities. This initiative launched a few days back has already received over 20 complaints of domestic violence from across the country.

1. No state can claim to be a true welfare state when it takes care of its citizens while a segment of it is neglected, COVID-19 has thrown many challenges upon us and it is necessary that women & children subjected to domestic violence are protected from their attackers and thus it is extremely important that all steps and measures be taken to provide them a safe, stable, harassment free environment.

1. Thus, requesting the concerned authorities to take cognizance of the above-mentioned suggestive measures in order to frame new guidelines to tackle Domestic Violence at the earliest. I also request for an opportunity of personal hearing/representation via videoconferencing to further highlight the issue. I request you to convey a suitable date and time in this regard. I request your good offices to respond to this representation within 3 days from the receipt of this representation in view of the urgency and grave issue stated in the representation.

1. In case of any clarifications or concerns, please feel free to contact the undersigned on +91-9873005424 or office@humanrightscouncil.in.

Yours Faithfully,

AnthonyRaju

Dr.AnthonyRaju, Advocate

Global Chairman, All India Council

Of Human Rights, Liberties & Social Justice,

Global Chairman, International Human Rights Advisory council

CC:

Ms. Rekha Sharma

The Chairperson, National Commission of Women

Plot No.21, FC33 Jasola Institutional Area, Jasola,

New Delhi, Delhi 110025

ShriPrakashJavadekar

Minister of Information and Broadcasting

Dr Rajendra Prasad Rd, ShastriBhavan,

Delhi 110001

Some links of articles demonstrating the rise in domestic violence are as follows:

1. https://economictimes.indiatimes.com/news/politics-and-nation/ncw-launches-whatsapp-number-to-report-domestic-violence-during-covid-19-lockdown/articleshow/75082848.cms

1. https://www.dw.com/en/domestic-violence-rises-amid-coronavirus-lockdowns-in-asia/a-53077378

1. https://www.thehindu.com/news/national/covid-19-lockdown-spike-in-domestic-violence-says-ncw/article31238659.ece

Most important and share

Principals laid down by the Honourable supreme court in the case of Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal, State Of U.P on 18 December, 1996

In addition to the statutory and constitutional requirements to which we have made a reference, we are of the view that it would be useful and effective to structure appropriate machinery for contemporaneous recording and notification of all cases of arrest and detention to bring in transparency and accountability. It is desirable that the officer arresting a person should prepare a memo of his arrest on witness who may be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. The date and time of arrest shall be recorded in The memo which must also be counter signed by The arrestee.

We therefore, consider it appropriate to issue the following requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures :

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name togs with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a such memo shall be attested by atleast one witness. who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest. (3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee. (4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon he is put under arrest or is detained.

(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of he next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is. (7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(8) The arrestee should be subjected to medical examination by trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a penal for all Tehsils and Districts as well. (9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the illaga Magistrate for his record.

(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. (11) A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

Failure to comply with the requirements hereinabove mentioned shall apart from rendering the concerned official liable for departmental action, also render his liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country, having territorial jurisdiction over the matter.

The requirements, referred to above flow from Articles 21 and 22 (1) of the Constitution and need to be strictly followed. These would apply with equal force to the other governmental agencies also to which a reference has been made earlier.

These requirements are in addition to the constitutional and statutory safeguards and do not detract from various other directions given by the courts from time to time in connection with the safeguarding of the rights and dignity of the arrestee.

The requirements mentioned above shall be forwarded to the Director General of Police and the Home Secretary of every State/Union Territory and it shall be their obligation to circulate the same to every police station under their charge and get the same notified at every police station at conspicuous place. It would also be useful and serve larger interest to broadcast the requirements on the All India Radio besides being shown on the National network of Doordarshan and by publishing and distributing pamphlets in the local language containing these requirements for information of the general public. Creating awareness about the rights of the arrestee would in out opinion be a step in the right direction to combat the evil of custodial crime and bring in transparency and accountability. It is hoped that these requirements would help to curb, if not totally eliminate, the use of questionable methods during interrogation and investigation leading to custodial commission of crimes.

PUNITIVE MEASURES UBI JUS IBI REMEDIUM - There is no wrong without a remedy. The law will that in every case where man is wronged and undamaged he must have a remedy. A mere declaration of invalidity of an action or finding of custodial violence or death in lock-up does not by itself provide any meaningful remedy to a person whose fundamental right to life has been infringed. Much more needs to be done.

In Public Interest by

ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE (AICHLS) is founded by Dr. Anthony Raju - Advocate , Supreme Court of India, Dynamic Internationally accredited Human Rights Defender, Inspirational, spritual and motivational speaker , Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.

All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT . The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries.

That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighboring countries and the people of the rest of the World at large.

Dr. Anthony Raju

Advocate , Supreme Court of India.

Global Chairman , All India Council of Human Rights, Liberties & Social Justice.

Chairman - National Legal Council

International Convener, Universal mission for Peace and Human Rights.

Chairman, National Council of News and Broadcasting.

Secretary General  : Asian Human Rights Council

International Peace keeper

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Copies Of Court Documents Can Be Obtained Only By Applying Under Court Rules And Not RTI : SC [Read Judgment]

https://livelaw.in/rti/copy-of-court-documents-not-through-rti-153451

SC allows pleas against RBI circular barring banks from providing services for cryptocurrencies -PTI

New Delhi, Mar 4 (PTI) The Supreme Court Wednesday allowed a batch of pleas challenging RBI's circular of 2018 which had prohibited banks and financial institutions from providing services related to Cryptocurrencies.

Cryptocurrencies are digital or virtual currencies in which encryption techniques are used to regulate the generation of their units and verify the transfer of funds, operating independently of a central bank.

"We have allowed the writ petitions," a bench headed by Justice R F Nariman said while pronouncing the verdict.

According to the April 6, 2018 circular, the entities regulated by the Reserve Bank of India were prohibited from "providing any service in relation to virtual currencies including those of transfer or receipt of money in accounts relating to the purchase or sale of virtual currencies".

The Internet and Mobile Association of India (IMAI) had argued in the court that the RBI had banned cryptocurrencies on "moral grounds" as no prior studies were conducted to analyse their effect on the economy.

It contended that RBI barred all the entities regulated by it from providing services to any individual or business dealing in virtual currencies.

In 2013, the RBI in an advisory cautioned users, holders, and traders of virtual currencies, including Bitcoins, about the potential financial, operational, legal, customer protection, and security-related risks that they were exposing themselves to.

On July 3, 2018 while hearing a plea of IMAI, the top court had refused to stay the RBI circular prohibiting banks and financial institutions from dealing with the cryptocurrencies like bitcoin.

It had sought response from RBI, Finance Ministry and Union ministry of Information and Technology.

http://www.ptinews.com/news/11272249_SC-allows-pleas-against-RBI-circular-barring-banks-from-providing-services-for-cryptocurrencies.html

SC terms criminalisation of politics New Delhi, Aug 21 (PTI) Dubbing criminalisati

Supreme Court: Armed Forces don’t have immnunity from civilian trials

Digital filing in SC to be transparent, manipulation free: CJI

SC refuses to VVPAT slips in Gujarat

Aadhaar can’t be insisted upon for any service except subsidies: Supreme Court

SC orders demolition of illegal constructions in Kasauli hotels