Penal provisions for fake posts in the times of the Corona Virus

Karnataka State Police in collaboration with Check4Spam to counter rumours amid the coronavirus outbreak has initiated a portal to verify any suspected news and also upload the content for its verification and clarification.  It is urged to the public not circulate any unverified news concerning coronavirus, which is likely to create panic and disturb social tranquillity. 

Source: https://factcheck.ksp.gov.in/about-us/ 

Penal provisions under Indian Laws:

Information Technology ACT, 2000

Section 66C- Punishment for identity theft. – Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

The Disaster Management ACT, 2005

Section 54. Punishment for false warning.

Whoever makes or circulates a false alarm or warning as to disaster  or its severity or magnitude, leading to panic, shall on conviction, be  punishable with imprisonment which may extend to one year or with  fine. —Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on  conviction, be punishable with imprisonment which may extend to  one year or with fine.

Indian Penal Code

Section 153. Wantonly giving provocation with intent to cause  riot- if rioting be committed- if not committed.-

Whoever, malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—

Whoever—

(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different reli­gious, racial, language or regional groups or castes or communi­ties, or

(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, ……………….

(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious wor­ship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person.—

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 188. Disobedience to order duly promulgated by public servant.

Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 

Section 269. Negligent act likely to spread infection of disease danger­ous to life.

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section 270. Malignant act likely to spread infection of disease danger­ous to life.

Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 336. Act endangering life or personal safety of others.

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with impris­onment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

Section 465. Punishment for forgery.

Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 505. Statements conducing to public mischief.

(1) Whoever makes, publishes or circulates any statement, rumour or report,—

(a) with intent to cause, or which is likely to cause, any offi­cer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to 6[three years], or with fine, or with both. 7[(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different reli­gious, racial, language or regional groups or castes or communi­ties, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

My Quora Answer to: How can I sue a doctor in India for medical negligence?

Read the following paragraphs from the Supreme Court Judgment, before taking a decision of suing the doctor.

94. On scrutiny of the leading cases of medical negligence both in our country and other countries specially United Kingdom, some basic principles emerge in dealing with the cases of medical negligence. While deciding whether the medical professional is guilty of medical negligence following well known principles must be kept in view:-

I. Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.

II. Negligence is an essential ingredient of the offence. The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment.

III. The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires.

IV.    A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field.
 

V. In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor.

VI. The medical professional is often called upon to adopt a procedure which involves higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure. Just because a professional looking to the gravity of illness has taken higher element of risk to redeem the patient out of his/her suffering which did not yield the desired result may not amount to negligence.

VII. Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession. VIII. It would not be conducive to the efficiency of the medical profession if no Doctor could administer medicine without a halter round his neck.

IX. It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessary harassed or humiliated so that they can perform their professional duties without fear and apprehension.

X. The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners. XI. The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.

95. In our considered view, the aforementioned principles must be kept in view while deciding the cases of medical negligence. We should not be understood to have held that doctors can never be prosecuted for medical negligence. As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence. It is imperative that the doctors must be able to perform their professional duties with free mind.

Source: Supreme Court of India : Kusum Sharma & Ors vs Batra Hospital &Med.Research ... on 10 February, 2010 Bench: Justices Dalveer Bhandari, Harjit Singh Bedi

And again, in the Judgment - Supreme Court of India - Nizam'S Institute Of Medical ... vs Prasanth S.Dhananka & Ors on 14 May, 2009 Bench: Justices B.N. Agrawal, Harjit Singh Bedi, G.S. Singhvi

(2) Negligence in the context of the medical profession necessarily calls for a treatment with a difference. To infer rashness or negligence on the part of a professional, in particular a doctor, additional considerations apply. A case of occupational negligence is different from one of professional negligence. A simple lack of care, an error of judgment or an accident, is not proof of negligence on the part of a medical professional. So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed. When it comes to the failure of taking precautions, what has to be seen is whether those precautions were taken which the ordinary experience of men has found to be sufficient; a failure to use special or extraordinary precautions which might have prevented the particular happening cannot be the standard for judging the alleged negligence. So also, the standard of care, while assessing the practice as adopted, is judged in the light of knowledge available at the time of the incident, and not at the date of trial. Similarly, when the charge of negligence arises out of failure to use some particular equipment, the charge would fail if the equipment was not generally available at that particular time (that is, the time of the incident) at which it is suggested it should have been used.

(3) A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.

(4) The test for determining medical negligence as laid down in Bolam case (1957) 2 All ER 118 (QBD)holds good in its applicability in India.

Further in the same case as above,

32. We are also cognizant of the fact that in a case involving medical negligence, once the initial burden has been discharged by the complainant by making out a case of negligence on the part of the hospital or the doctor concerned, the onus then shifts on to the hospital or to the attending doctors and it is for the hospital to satisfy the Court that there was no lack of care or diligence. In Savita Garg (Smt.)vs. Director, National Heart Institute (2004) 8 SCC 56 it has been observed as under:

"Once an allegation is made that the patient was admitted in a particular hospital and evidence is produced to satisfy that he died because of lack of proper care and negligence, then the burden lies on the hospital to justify that there was no negligence on the part of the treating doctor or hospital. Therefore, in any case, the hospital is in a better position to disclose what care was taken or what medicine was administered to the patient. It is the duty of the hospital to satisfy that there was no lack of care or diligence. The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors, being employed on job basis or employed on contract basis, it is the hospital which has to justify and not impleading a particular doctor will not absolve the hospital of its responsibilities."

In conclusion, my answer to your question would be, you can approach the Consumer Forum, where you don’t have to pay any Court Fee on your claim, and you may win the case with substantial evidence on your side. For the degree of evidence that is required to win a claim of Medical Negligence see the explanation above. Whether you have winning stuff in your case or not, can be best diagnosed by a independent, equally qualified Doctor, and not a lawyer. Approach a doctor first, and then with his opinion, approach a lawyer or directly the Consumer Forum of your district.

Disclaimer: The opinion expressed above, based on assumptions, is not tantamount to Legal Advice.

Plea before Supreme Court to declare Muslim Polygamy and Nikah-Halala as criminal offences

A mother of three who was divorced twice through instant triple talaq has approached the Supreme Court to declare polygamy and Nikah Halala as unconstitutional among Muslims.

Earlier, BJP leader Ashwini Upadhyay had filed a plea seeking a complete prohibition on polygamy and Nikah Halala for violating fundamental rights of Muslim women.

One of the earlier such pleas heard and decided by the court was that of Shayara Bano who had approached the apex court to declare triple talaq as a violation of gender justice. A five-judge bench had declared instant talaq to be an un-Islamic practice and struck it down.

Sameena Begum was first married in 1999 and she produced two sons. After repeated abuse and a consequent police complaint, she was given triple talaq. She was forced to marry again but to an already married man. After she got pregnant again, she was given triple talaq over the phone after a trivial argument.

Now, Sameena lives alone with her three children. She said she has filed the PIL not only for herself but also for others who have suffered the same plight.

She requested the court that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937, be declared as arbitrary and violating Articles 14, 15, 21 and 25 of the Constitution, insofar as it seeks to recognise and validate polygamy and Nikah Halala.

It has also requested the court to ensure that provisions of the Indian Penal Code, 1860, are applicable on all Indian citizens. The plea also sought recognition that "triple talaq is a cruelty under IPC Section 498A, Nikah-Halala is rape under IPC Section 375, polygamy is an offence under Section 494 of the IPC".

"The concept of polygamy was allowed in this verse (Quran) because of utmost concern for the welfare of women and orphans who were left behind in the battle. It is pertinent to mention that by no means it is a general licence to Muslims in present times to marry with more than one woman. Besides it puts onus on them to treat the additional spouses justly, which is admittedly a difficult task," the plea said.

Bearing a similarity with the triple talaq plea, the plea too has cited international laws and countries where polygamy has been prohibited.

It also noted that polygamy is totally prohibited in Tunisia and Turkey. "In countries like Indonesia, Iraq, Somalia, Syria, Pakistan and Bangladesh, it is permissible only if authorised by the prescribed authority," it said.

Sameena said, “Equality should be the basis of all personal law since the Constitution envisages equality, justice and dignity for women."

​The petitioner contended that though it is illegal for Muslim women to marry a second time during subsistence of first marriage but "there is no requirement for Muslim husband so that the permission of the first wife is to be taken before contracting second marriage".

Source:  News18.com

Killer Potholes - Who is responsible?

The dialogue on Killer Potholes has started after the unfortunate death of the Lady Biker or Bikerni Jagruti Hogale, And should continue till this is resolved.

Why IndianPenalCode Section 304A cannot be made applicable to Civic Bodies?

Why is Causing death by Negligence by Civic bodies, National Highway Authorities and Road Contractors not punishable?

This is a 2015 Link on #KillerPotholes of India... .

If a doctor can face legal action for malpractice or negligence, and a manufacturer of a product be held liable for its poor performance, why can’t civic bodies be held responsible for road accidents that occur due to their negligence?

Priti Prasad of Ambarnath (in Mumbai’s metropolitan region) and Om Prakash of Bengaluru have been treated as culprits instead of victims despite one having lost a mother the other his wife. Both were riding their respective two-wheelers with a person riding pillion. And both crashed because of potholes on the road.

The law should have helped the survivors of the crash by punishing the culprits. But in both cases, the police went after the wrong person. Who then are the real culprits?

The civic authorities whose job is to maintain the roads and the contractors who laid the roads. In both cases, they obviously fell short. Instead those who were riding the vehicles have been faulted and booked.

A lurching halt in a pothole, even at a prescribed speed, can unseat the rider. The pillion rider has no control and risks falling which could lead to injury and death. The question of speeding here is not as relevant as the criminal liability of not maintaing the roads.

Priti Prasad tried to do the right thing by going to the heart of the matter. She argued that it wasn’t her driving at fault, but the pathetic condition of the road she was forced to use. The Ambernath police refused to register the FIR she was keen to file in order to target the contractor. She should ideally have listed the Ambernath civic body as well.

Standards are often ignored when building roads and sometimes a bad job is done to ensure that subsequent pothole repair contracts are secured as well. Each monsoon is a trigger for renewed loot.  In Mumbai, the high court has had to weigh in on behalf of the citizens, asking the civic body to ensure good roads and keep them pothole-free. It hasn’t become reality yet though.

Civic bodies, being impersonal and therefore insensitive, take these regular raps on the knuckle in their stride and provide sworn affidavits about how they will correct themselves.  The point is they don’t. Even Ganapati, the deity of Maharashtrian, has to worry if he can be brought in safely from the workshop and then taken for immersion without risking injury due to a pothole.

Perhaps the law of torts, whereby they are required to pay for damaged caused, would be the best way to cure the civic bodies of their habitual neglect. Suppose Prakash and Prasad take on the civic bodies by making a demand using torts, and seeking a corrective for a wrong done, it would be a nice start.

Given the number of potholes, not just on any city’s badly-kept roads but on toll-funded highways as well, authorities will have to reckon with the loss of finances and the need to have a separate department to deal with the cases. But they have to get the message that the city is run on tax-payer’s money.

It’s not enough to just have a civic body to provide employment to some and political opportunities to others. It would be a good idea if the accident laws were enabled to provide succour by levying the burden of compensation on the agencies.

Normally the person responsible for a road accident pays through insurance companies. So why not the civic bodies given they are the principal cause of accidents?

Source - http://www.firstpost.com/india/killer-potholes-of-india-civic-bodies-should-have-to-pay-up-for-the-deaths-they-cause-2444758.html

Slideshow on India's Killer Potholes: http://m.ndtv.com/photos/news/indias-killer-potholes-15625#&ui-state=dialog

Even as radio jockey Malishka and radio channel Red FM 93.5 are embroiled in a controversy with the Municipal Corporation of Greater Mumbai (MCGM) over a satirical video about the bad condition of the city roads, almost 29 accidents per day, or one accident every 50 minutes, were reported due to potholes across the country between 2013 and 2015, according to this reply by the Ministry of State for Road Transport and Highways to the Rajya Sabha (upper house of Parliament) on March 27, 2017.

As many as 10,876 road accidents due to potholes were reported across the country in 2015, the latest figure available. The data for 2016 are yet to be compiled, according to this reply by the ministry to the Lok Sabha (lower house of Parliament).

Over three years, 31,681 accidents were reported due to potholes.

Source - https://www.indiaspend.com/viznomics/killer-potholes-29-accidents-reported-every-day-over-3-years-81157

A brilliant artist Baadal Nanjundaswamy hit national headlines after he planted a life-sized crocodile in the middle of a road after BBMP failed to repair a pothole. His efforts paid off and the city corporation filled up the pothole in just a day after the pictures went viral. A few weeks later Badal Nanjundaswamy drew a butterfly net around a pothole to wake up authorities! Again the red faced civic authorities immediately swung into action and filled up the potholes.
The location of Bengaluru is also partially responsible for the bad condition of roads. It is located 3000 feet above sea level and receives a lot rain. Since the rain leads to water logging, asphalted roads crack, creating potholes. However, the bad quality of work is the main reason for the ever increasing number of potholes across the city.
According to an estimate, there are 2,631 potholes in the city. It states that 910 potholes had come up on roads that are still under the defect liability period. Sources said that if there is any defect/pothole on the road when it is under the defect liability period, the contractor is liable to repair the same at his/her cost.
According to ‘The Hindu’ the report also states that there are 1,721 potholes on other roads, mainly arterial and sub-arterial ones. Sources said that a tender to fill the potholes on these roads would be called soon. The BBMP had earlier stated that a fine of Rs. 2,000 would be levied on contractors for each pothole.
In the last five years the BBMP has spent over Rs 100 crore to repair potholes across the city. However the potholes refuse to vanish. It clearly shows that the major portion of the spent has been siphoned off by the concerned people. Currently the BBMP is bankrupt, unless the Congress state government in Karnataka which snatched BBMP from the BJP releases generous funds for the road work, potholes continue to exist. Making Bengaluru is potholes free city should be the top priority of the BBMP and state government. Apathy kills.

Source - http://www.news18.com/news/india/killer-potholes-of-bengaluru-tragic-deaths-apathy-of-the-government-1106602.html

Filling up potholes is Mumbai man’s tribute to his son. - http://www.hindustantimes.com/mumbai/filling-up-potholes-is-mumbai-man-s-tribute-to-his-son/story-3Y1UQVIEQbir6KSwFrM5VM.html

In July 2015, Billhore’s son Prakash, 16, died when the bike he was riding hit an 18-feet wide water-filled pothole on the Jogeshwari-Vikhroli Link Road. Prakash was driving back home from college with his cousin

"The trench was made to repair burnt cable wires underground but was not covered after they were repaired. I lost my son due to negligence of civic authorities,” said Billhore.
Now, Billhore, 46, has made it his mission to highlight the callous way in which the municipal corporation maintains the city’s roads.
“Filling up potholes is a tribute to my son who was a bright student and was the hope for a better future of our family,” Billhore said.
Every Sunday, he and his two friends scout around Andheri looking for potholes and filling them up with sand or pebbles."

After the accident, the Aarey police station registered criminal cases against a municipal officer and an engineer from a private power company. The two were held guilty under section 304A (causing death due to negligence) and section 338 (act endangering life and causing grievous hurt). They have got anticipatory bail.
“The charge sheet will be filed this week and we expect court proceedings to begin soon,” said Vilas Chavan, senior inspector from Aarey police station.

#KillerPotholes

Demonitisation and the Reasons Revealed

All those whom you see now coming together to fight demonetization know exactly what was being planned and what led to all this.  If they still choose to fight this act by the Modi government, you should know exactly from which team they are fighting this existential war of India’s future!  And, with the context of how RBI, Home and Finance Ministry, and banks were compromised over the years, one can very well understand the reason for extreme secrecy and quick action – which the critics ironically call “knee jerk” and “unprepared government plan”.

Read More here :
http://ex-servicemenwelfare.blogspot.in/2016/11/demonetization-detailed-drama-of-how.html?m=1

Create Awareness against QNET and other phony MLM Ponzi schemes

An article about the Awareness of the Ponzi and MLM schemes.

We all have friends who -
1. Have suddenly started up their dream business
2. But it's a secret
3. Don't even tell you the name of their business but they keep telling you I am into a business
3. Have their Facebook full of motivational quotes
4. Claim that they have suddenly become rich
5. They visit Malaysia and Dubai and post pictures having fun there and call it a business trip ! These are the only guys who have fun during a business trip it seems. (Reality: They bought the tickets by themselves only to post pictures so that their innocent friends would think that they are doing something really cool)
6. No matter how much you ignore them, they will keep on calling you till their last breath. We already know that this is not the characteristics of a person who has even 10% self respect in him/her.
7. And then one day they tell you that they have an open position of a Business Partner. He also tells you that he trusts you a lot and hence has arranged a meeting with his seniors to introduce you, probably in a CCD :-p
8. They tell you that you can earn more than 4 crores in just a few years but do not tell you exactly what is your role in the business, But overall this guy looks so convincing that you almost feel that if you do not join him, you will miss out !
9. He makes you feel that you are running in a Rat Race by working in your current job and that their Business is the only way to change your life.

If you have experienced this and escaped, Congrats ! You are one of the Lucky Ones ! Sadly, Not everyone escapes, some join it only to lose their money because they chose not to dupe more people.

This post is issued in public interest so that all of us can understand there is no short cut to success.

Please Please Please share this post and help us create awareness against QNET. This is the only way to save your closed ones from getting cheated.

Source - Facebook post

A Cyclists encounter with the Railway Police at Bangalore - The Logical Indian

From the #Facebook page #LogicalIndian:

#MyStory

“I have read of inhumane incidents happening in many parts of the country. But you won’t totally believe unless you encounter one. Now onward I can totally believe them.

I frequently travel to China for my official trips. One thing I always adored by Chinese people is their use of electrical or foldable bicycle which they carry with them in the subway.

This time, after coming to India I desperately started looking for such bicycle if available in India. At last, I found one BTWIN HOPTOWN bicycle at Decathlon. I immediately bought and started using it. Once I was carrying it with me on the train between the route KR PURAM to Bangalore Cantonment. I am proud of the fact that I am not the one contributing to the pollution in Bangalore.

On 9/2/2016, while exiting from Bangalore Cantonment railway station one ticket checking officer lady caught me and started demanding fine for carrying a bicycle with me. I tried to convince her, once folded it is not a bicycle at all, it weights hardly 14 kg and it is very much portable. But she insisted on asking for 6 times the fare of travel. I asked her for the railway rules regarding this and the receipt of the bill. She took my pass and made me wait for another 30 minutes and later came with an excuse that she doesn’t know the luggage rules. I was getting late and told her 6 times my fare of travel is 60 rupees and that she can have 100 rupees and let me go. But she demanded 300 rupees.

I told her even if it is 1000 rupees I will pay but I need the receipt. She presented the same excuse that she doesn’t know the luggage rules. At last, I lost my patience and started to call her corrupt. After which she slapped me, pushed me and called her police constable colleague to take me to the jail for misbehavior. He took me to the jail and started beating me. His other colleagues joined him, they undressed me and started beating me with hand, leg and sticks 5 people at a time. I was sure that I was going to die that day and only my body will be found next day. I begged them in all the possible way I can. At last, after an hour, one guy listened to my plea and asked me to pay 5000 rupees. He asked me to call any of my friends to come with 5000 rupees and then can take me back.

I called my manager Harish Haswani who came with two mutual colleagues of ours. All three had to plea to the railway police for more than an hour on my behalf as Railway police have threatened them that they will file a case against me of misbehaving with a lady officer and that I have tried to press her breast. I was very much shocked to see to what level character of a woman can fall. After too much of plea and the bribe from my colleagues they released me. The lady officer fined me 190Rs stating my bicycle weight is 40kg although it is 14kg only. Also, she fined me for ticket-less traveling though I was having the monthly pass. Also, the receipt she issued is of date 8/02/16 and not 9/02/16 on which date I travelled and the incident took place. We all were too much afraid and didn’t dare to ask her for the mistake in the receipt. All of our focus was just to save my life and get me out of there.

I am undergoing the treatment. My left hand is fractured. My friend Sarfaraz is taking care of me. I am determined never to travel by train in Bangalore again. My fold-able  BTWIN bicycle will never get used again. But at the same time, I have lost all the focus at my work. Fortunately, my mobile has done the voice recording of the entire incident. My mobile recording along CCTV camera recording at railway is enough to prove if I have done remotely any kind of misbehavior with the lady. I am determined to teach a lesson to these corrupt officials even if it cost me my life. I have written letters to all higher police authorities as well as human rights commission seeking action in this regards. They will respond but very unfortunatly as per indian goverment office time.”

And Comments thereon:


@drmsbc has replied to tweets on this issue saying that Railway police is state police and doesn’t come under railways.

https://twitter.com/drmsbc/status/698662569536417793

I will delete this post in some time since my suggestion is perhaps no longer relevant.

In the meanwhile, if you have any suggestions regarding how to approach this issue then let me know.

My original post:
-----------
The Logical Indian, could you please tweet this to @RailMinIndia
They are very prompt and they will take appropriate action.

Edit:
The summary of tweets made for this issue:
My tweet to @RailMinIndia:
https://twitter.com/amithbag/status/698599458020261888

Sidhharth (@siddhu_2011):
https://twitter.com/RailMinIndia/status/698595124578615296
(@RailMinIndia has replied to Siddharth’s tweet)

Avinash Surendran (@ashwin296):
https://twitter.com/ashwin296/status/698605652466405376

cibi s (@cibiindhu):
https://twitter.com/cibiindhu/status/698627271477870592

It looks like @drmsbc has replied to the tweets of Sidhharth, Avinash and cibi s:

“@cibiindhu @RailMinIndia @GMSWR @ashwin296 @siddhu_2011 Rly Police is state police, not under Rly. Clarification by @srdcmsbc.”
https://twitter.com/drmsbc/status/698662569536417793

So essentially it seems that they are saying that they can’t do much since Railway police is state police. Is that ticket checking lady also under Railway police and not Railway? Requesting Sidhharth, Avinash and cibi s to reply to @drmsbc and ask for clarification.
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Comment #2:

Laws that were made to protect women are being used as a tool to extort money, take revenge, cry victim when a woman herself is the wrong doer and to teach a "lesson" to a man for being a man by the "empowered women". This is happening not only in metros but smallest areas around the country. While crime against Innocent and vulnerable women is happening everywhere, false accusations against innocent and vulnerable men and boys like one above is on a rise too. While there are stringent laws to take care of the former, there is little one can do in case of latter. Some time before everyone realizes the need to control this menace.

Comment #3:

#PMOIndia, Narendra Modi, Suresh Prabhu
After such incidents, do you still expect us to co-operate with the Police and have faith in these so called Law Enforcement forces in India?
Who gives them the right to even TOUCH US without any valid reason or proof? Are these people seriously the ones responsible for OUR SAFETY?
WE WILL NOT BE SUPPRESSED AND THIS NEEDS TO STOP. NOW.
#Shame

Comment #4:

Laws-

The Bangalore Metro Rail (Carriage and Ticket) Rules 2011 limit the weight of personal baggage to 15 kg. Rule 3 says: “No person shall, while travelling in metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding 60cm x 45cm x 25cm in size and 15kg in weight, except with the prior approval of the metro railway administration.” The rules also prohibit carrying explosive, inflammable, and poisonous substances.

The Metro Railway (Operation and Maintenance) Act, 2002, imposes fines and in some cases jail sentences for offences committed on the metro. Anyone indulging in sabotaging the train or maliciously hurting or attempting to hurt other passengers while travelling in the metro can face imprisonment up to 10 years. Pasting posters or drawing graffiti on the walls of stations or trains is punishable by a fine of ₹1,000 or imprisonment for up to 6 months. Travelling in an inebriated state or creating nuisance in the train is punishable by a ₹500 fine. Passengers are monitored at security checkpoints and those that are causing trouble, heavily drunk, or carrying forbidden items are not permitted to board. Spitting on the metro premises is punishable by a fine of ₹100.

Comment #5:

I hope you are innocent fight back and get back to work and train travel with your bicycle this time with any rule copy. If you are innocent nothing should stop you should fight back even if you dont have enough evidence . Expose them to society and put them to shame .believe your friends and family know your nature have confidence. We are all with you.

Reproduced here for Academic information.

Source : #Facebook #TheLogicalIndian

Speedy Justice through the Fast Track Courts - Uber Driver Case

The conviction of a driver for raping a woman in a car booked through the Uber Technologies Inc. app less than a year after the attack is being described by those involved in the case as unprecedented for the speed at which it delivered justice for the victim of a sexual assault in India.

The “swiftness with which the trial was conducted is unprecedented,” said Madhur Verma, Delhi police officer in charge of the investigation. Judgment in a rape case typically takes three to four years in India. This one took less than nine months.

Lawyers and police officers involved in the case say it will be remembered as a “classic example” of how to conclude rape trials efficiently.

Source : http://www.wsj.com/articles/BL-IRTB-30692

Milk Adulteration to be Punishable with Life Imp.

In a significant statement with wide implications, the Centre on Wednesday told the Supreme Court that it has formed a highlevel committee to consider if to make the offence of milk adulteration punishable by life imprisonment. It has agreed to the view of the court that the present penalty of six months in jails "was hardly a deterrent" for the menace which was most acute in Delhi and Uttar Pradesh.

An affidavit in the court by Rakesh Nayal, a senior official in the Union health ministry said the panel, headed by R.K. Jain, secretary of the National Disaster Management Authority, and representatives from Food Safety and Standard Authority of India will take a decision within 45 days.

The court had on December 12, 2014 taken serious exception to Centre's refusal to amend the law to make the offence punishable with life term. 

"What are you doing about it? In March we had given an ultimatum to the Centre to inform us if you are amending the law and we are now in December,"

the Bench said when Anurag Tomar, the lawyer for the petitioner in the PIL, pointed out the delay.

"After perusing the reports submitted by various states, prima-facie we are of the opinion that milk is being laced with white paint, caustic soda, detergent, shampoo, urea, starch and blotting paper and the practice is going unabated. The Centre must come out with necessary amendment to the Act with all seriousness to curb adulteration. We hope the government will take appropriate decision during the winter session of Parliament," the court had said.

The Bench had earlier said it would be foolish to go lightly on adulterators just because no grievous illness or death has been reported immediately after someone drinks milk laced with such poisonous substances. 

"The poisoning in the body is gradual and once it happens people think they are afflicted with cancer and nobody blames milk. Are you waiting for them to add cyanide in milk? Only then instant death will be caused for you to take action," 

the court had said.

The Bench suggested an amendment to the law after the Uttar Pradesh government said they faced a hurdle in prosecuting adulterators under the IPC and seeking their life imprisonment after the Allahabad High Court ruled in 2010 that the IPC cannot be invoked when the FSSA should prevail.

Source: India Today

Source: http://indiatoday.intoday.in/story/milk-adulteration-life-imprisonment-centre-health-ministry-supreme-court-rakesh-nayal-fssai/1/416991.html

Law ministry lists ways to reduce backlog - A Rehash of the same old Story?

Seems like an Old Read....
Would have helped if the previous Governments had given it a serious thought to Ramp up the Justice Delivery System in India.

From the Times of India dated:Jan 29, 2015, 06.47 AM IST

The law ministry has drawn up a list of good practices followed by some of the high courts (HC) and circulated them recently to chief justices of all HCs to implement the same as part of a common action plan to bring down pendency of cases, particularly those which are older than five years.

Setting up fast track courts, designating a special day in a week for disposal of older cases and adopting a case flow management system are some of the measures the Centre has suggested to all chief justices of high courts to be adopted for reducing pendency.

The government has also highlighted best innovative initiatives undertaken in many other countries to address the backlog. Encouraging pre-trial proceedings by several countries prior to commencement of the trial, court performance measurement and monitoring and mandatory prior notice in civil cases are some of the initiatives suggested.

In the pre-trial proceedings, followed in some countries, a meeting is arranged in chambers between judge, counsel for accused, and the prosecution and specific issues of trial are narrowed down in order to save time.

Regular assessment and monitoring of performance of courts is an effective way to bring about improved efficiency, transparency and accountability in judicial system. The law ministry suggests this could be done by introducing measurement indicators based on globally accepted benchmarks such as leadership and management, court planning and policies, court resources, court proceedings and public trust and confidence.

The government has also suggested mandatory prior notice in civil cases that would help in speedy trials. For this it has mooted a provision similar to section 80 of the Civil Procedure Code (CPC) for all categories of civil cases.

Section 80 of the CPC requires that a litigant must give two months' notice to the concerned party. The government thinks introducing this guideline by the court would help in curtailing unnecessary litigation.

Among the good practices followed by some of the HCs, the Allahabad HC has come in for praise for organizing Lok Adalats regularly during weekends. More than 3.22 lakh cases have been settled in 766 Lok Adalats in the state during March-June 2014. The largest HC in the country has also set up 171 reconciliation and mediation centres in districts with the help of the state government.

These mediation centres have settlement rates of 26%. The HC has also proposed to set up 81 fast track courts for trial of rape cases.

Road Under Construction Causes Accident - Engineers Booked - TOI Bangalore

For probably the first time, ever, two BDA engineers and a project-in-charge manager were on Friday arrested by the Bangalore traffic police in connection with a ghastly road accident. The accident on September 3, due to an unpainted divider, killed two persons and injured one near Outer Ring Road in Devarabeesanahalli, exactly opposite Accenture and Ecospace tech park.

The arrests are said to be the direct outcome of a meeting chaired by Additional Commissioner of Police (Traffic) B Dayananada a few days ago instructing all traffic police officials pin the blame on and arrest BDA and BBMP engineers in-charge of badly-maintained roads in case of fatal accidents.

(Above) Mangled remains of the vehicle which rammed into the median, killing two and injuring one. (Below) The clumsily-placed hazard board at the median in front of theDevarabeesanahalli flyover following the accident. 

Confirming the arrests, deputy commissioner of police (Traffic East) Babu Rajendra Prasad told Bangalore Mirror, "We have arrested AEE K Sripad Raju and AE Pradeep from the BDA, along with project manager Vittobha from Simplex Infrastructure Private, to which the work of maintaining the roads and completing the project had been outsourced.''

The trio has been booked under sections 279 (negligent act on a public way), 304 (A) (causing death by negligence), and 337 (causing hurt by an act endangering life or personal safety of others). Dayananda told Bangalore Mirror: "I have instructed the traffic police to book cases against the concerned civic officials wherever their fault is found. In this particular case, the engineers and project manager were arrested for failing to paint the central median with reflective paint and install sign boards cautioning drivers on the road about the barrier."

Sources said that after the accident, a small reflector board held up by stones has been placed at the site. However, even this is said to be not very visible. Sripad Raju told Mirror, "Road safety is a different job and it has to be implemented by B-Trac. Painting and putting up sign boards is work that is supposed to be taken up by the traffic police. The accident occurred because of rash driving and not because of incomplete work. Putting the blame on us and holding us responsible is not done in this case." However, Prasad said: "If the work is incomplete, why do they deem the road safe enough for motorists to ply? They should close off all roads until the roads are completely ready for travel. We also held a meeting with BBMP and NHAI officials the day before yesterday where we apprised them about all problem junctions in the city that needed to be addressed in terms of lighting and road repairs."

Source - http://www.bangaloremirror.com/bangalore/cover-story/A-first-for-city-2-Engineers-held-for-road-mishap/articleshow/42380011.cms