July 3, 2016

Impulsive Killing - When people to begin to kill on impulse or due to anger repressed for long period.

Present system of punishing murderers do not take into consideration several mental conditions through which the murderer may have gone “Temporarily insane for 10 to 20 mins”. Here, the murderer is unable to control what he is doing for temporary insanity.

Such temoparay insanity is not yet argued much in Indian Law. However there are some US cases where such defense has been upheld.

Such temporarily insanity is result of certain emotions of anger which a person is repressing for long time. When treatment is given, the pressure burst out and impulsive murder takes place.

Indian law takes in to consideration “Provocaton” and “Self Defense”, but it has yet to recognize impulsive murders which takes place due to Repressed Emotions and lack of medical attention.
304 Part II murders are of sudden provocation. But this is different. Here in the present argument, the murderer is suffering from repressed anger since months and has remained untreated.
- Haresh Raichura, Advocate (c)

June 30, 2016

Rain of Corruption

When politics moves away  from Ethics, the corruption begins to rain from the sky and gradually all of us become wet. Some people try to protect themselves with umbrella of Ethics. But they have to take shelter under some shed or to stay indoors . Those who give up ethics, begin to enjoy and dance shamelessly in rain of corruption.

Against rain of corruption, no laws, no judges, no leaders can save us.. Everyone has to save himself/herself. Just as people wait for stopping of incessant rain, they  wait for clouds of corruption to pass away and they wait to see sunshine once again.

The rain of corruption has one weakness. The name of this weakness is Evidence. Evidence here means Documentary Evidence and Electronically readable Evidence. Oral evidence, even if taped on video have little value as they are capable of cutting and pasting. The readable electronic or paper evidence have capacity to bring down an empire build on corruption. Necessary laws are all there. The question is do people have WILL to pursue and insist on  ETHICS in political?

The rain of corruption begin to stop when ETHICS are insisted upon by people in politics.

June 28, 2016

Charter of Men's Rights

The Law relating to Men's Right needs changes. By liking this page you can give momentum to this charter of Men's Right. This is a right step. The suggestions made here are possible to be granted by Courts in India. The suggestion here are not in conflict with other settled principles of law.

The Charter

1) No Law shall tell a man to borrow, steal or loot but anyhow pay maintenance to his wife and no court will ask a husband to sell his parents property in order to pay maintenance to his wife.

2) No interim order of maintenance in favour of a wife shall be passed until the wife and at least one independent witness has given evidence on oath about necessity for passing interim order.

3) If the wife has caused arrest of husband and his parents and sisters, such conduct of wife will be taken into consideration by court for declining maintenance to wife or for granting her reduced amount of maintenance.

4) An educated wife capable to earn shall be treated as equal to man and she shall not be entitled to special sympathetic consideration by Court deciding her transfer petition under Sec. 25 of C.P.C.

5) A domestic violence case, where there is no medical evidence of any hurt to wife should be tried as summary trial and a judge shall have discretion to dismiss such case without calling upon husband to enter his defense.

6) Sec. 125 of Cr. P.C. where courts are given power to grant unlimited maintenance without any upper limit, should be amended at earliest. Criminal Court remedy should not be allowed to decide civil rights of parties.

7) For deciding custody rights of children, the visiting rights of grand parents shall also be given due consideration and will be recognized in appropriate  provisions of law.