Justice Prevails - "Insight on Indian Civil and Criminal Litigation".

“ Any nation that does not learn to place women on the same pedestal of respect and dignity as men, will never in a thousand years attain greatness. ”                                                                                                                                             ~Abhijit Naskar There is no dearth of laws for women in India but there is surely a lack of awareness amongst women about their legal rights in our country.  Indian laws provide for protection and development of women in Indian society. The need of the hour is that every women must be awar...

  Penal action for not reporting an offence?  Yes, You read it right. This is one of the chief features of the POCSO Act which is why it is a double- edged sword.  One of the most essential and equally controversial provision of POCSO Act is the provision for mandatory reporting imposing a duty on person who has an apprehension or has knowledge of a sexual offence being committed against a child to report it to the local police or the Special Juvenile Police Unit under Section 19 of the Act.  The Act along with the abuser also Penalizes  the person who fails to report such child sexual abuse under section 21 of the Act, in case of any person, with six months imprisonment and in case of any person being in-charge of any company or institution, with one year imprisonment. The act, although, spared children from this obligation .  Soon after the commencement of this Act a debate ensued on this provision with regard to it’s importance in order to acknowledge th...

Crime Scene Investigation in Sexual Offences CIRCULATED FOR LEGAL ASSISTANCE IN SEXUAL OFFENCES (RAPE AND POCSO CASES) The proper and fair Investigation decides the fate of the cases but it can only be done when it is done with the intention to get justice to the victim in the true cases as well as the accused in false cases. Not judge but the IO is the only person who knows the truth of the victim and the accused since the initiation of the case because IO visits the crime scene, collects evidences, examines the witnesses etc during the investigation of the case, here we can say that IO is the first Judge of the case. I am discussing the pointwise procedures to be conducted during investigation precisely and easy and effective steps which would be helpful to the IO in the investigation in cases of sexual offences. MANDATORY PROCEDURE TO BE CONDUCTED DURING INVESTIGATION Rukka/ F.I.R. (Immediately lodge an F.I.R without any Delay) Immediately inform to the Crime T...

  Where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”.  Businesses also suffer if they are held liable.  ##. Measures You Can Take Against Sexual Harassment in the Company For. :   acts of sexual harassment committed by their employees. An employer will only have a defense if they can show they took reasonable steps to prevent the harassment. 1. Involve Management Must demonstrate that the company has a zero-tolerance approach to harassment. They must make clear that punishment for harassment applies equally across the organization, regardless of employee status. The Board should regularly review key data on sexual harassment such as the number of reports of sexual harassment and the average time it takes the company to resolve cases. They should formally a...