Vidhipunj

04/06/2022

Mahila Panchayat organised by Vidhipunj on 17th May, 2022 to provide free legal aid, advice and counselling on various issues faced by Women. The Session/Panchayat was a big success and we were able to help, guide and advice number of Women in need.

We are also planning to organise more such "Mahila Panchayat" to serve the society and provide the prior notification of the Time, Date and Venue so that more and more people can be benefited.

31/05/2022

No To***co Day

May 31 has been celebrated as World No To***co Day to raise awareness about the damage caused by consuming to***co. On this day, we bring out few important rulings on To***co Storage, Selling, Advertisement and Prohibition of various courts.

: In Murli S. Deora vs. Union of India (UOI) and Ors., the Supreme Court has directed and prohibited smoking in public places and issued directions to the Union of India, State Governments as well as the Union Territories to take effective steps to ensure prohibiting smoking in public places, namely Auditoriums, Hospital buildings, Health institutions, Educational institutions, Libraries, Court buildings, Public offices, Public conveyances, including railways.

https://main.sci.gov.in/jonew/judis/20509.pdf

: In Naya Bans Sarv Vyapar Association vs. Union of India and Ors., the Delhi High Court has upheld the provisions of the Ci******es and Other To***co Products (Prohibition of Advertisement & Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and of the Delhi Prohibition of Smoking and Non-smokers Health Protection Act, 1996 (Prohibition Act) respectively, to the extent they prohibit even wholesale of cigarette(s) or any other to***co products within a radius of 100 yards of any educational institution and observed that sale of ci******es and other to***co products, whether in wholesale or in retail, near the educational institution has the potential of attracting the students thereof and will definitely reduce the access to to***co. The benefits from the said prohibition far outweigh the harm or loss to the handful of wholesellers.

http://164.100.69.66/jupload/dhc/RSE/judgement/09-11-2012/RSE09112012CW72922011.pdf

***co : In Abhijith Vs. State of Kerala, the Kerala High Court has observed that mere keeping of to***co products at home is not an offence.

https://hckinfo.kerala.gov.in/digicourt/Casedetailssearch/fileview?token=MjAzNzAwMDA4ODAyMDIxXzcucGRm&lookups=b3JkZXJzLzIwMjE=

***coday

26/05/2022

Kashmiri Separatist Yasin Malik who has been convicted under Sections 120B, 121, 121A, 124A of IPC and Sections 13, 16, 18, 20, 38, 39 & 40 of UAP Act, 1967 on 19th May, 2022 has been sentenced to life imprisonment by Delhi Court.

25/05/2022

Conjugal Rights of Prisoners – Insight

Few days back, we have heard about the Rajasthan HC Order wherein the court has granted parole to convict after his wife expresses the desire to have children. The court stated that denying the convict-prisoner the right to have a conjugal contact with his wife, particularly for the sake of progeny, would be detrimental to his wife's rights.

The Court while releasing the accused for 15 days has quoted that “Having progeny for the purpose of preservation of lineage, has been recognised through religious philosophies, the Indian culture and various judicial pronouncements". The court also added that “The right of progeny can be performed by conjugal association; the same has an effect of normalising the convict and also helps to alter the behaviour of the convict-prisoner.”

However, there is no coded law or provision that expressly allowed conjugal visits of inmates. The right to have conjugal visit was first recognized by Punjab and Haryana HC in 2014 in the case of Jasvir Singh and Another v. State of Punjab (decided on 29.05.2014, C.W.P. No. 5429 of 2010 (O&M)), when Justice Surya Kant has allowed conjugal visits and artificial insemination for inmates.

Thereafter, in 2018, two-week conjugal visit was granted by Madras HC to an inmate at a central prison in Tamil Nadu's Tirunelveli district for the "purpose of procreation." The Court has cited other countries laws that permit such visits, as well as a Centre resolution declaring conjugal visits to be a right and not a privilege.
Conjugal visit is a modern notion that has been adopted by many countries such as Saudi Arabia, Germany, Russia, Spain, Canada, Belgium, Denmark, and, to a degree, the United States. Even same-sex conjugal visits are allowed in Brazil and Israel. However, the things are still at the development stage in India. Several committees on prison reform have been formed, but no structural changes have been made. The All India Committee on Jail Reforms, chaired by Justice Mulla, has made 658 recommendations in its report which are yet to be implemented.

While Indian prisons take away personal liberties of inmates, it does not necessarily take away their fundamental rights. However, the current system makes it difficult for inmates and their families to maintain long-term communication. Indian Courts has time to time emphasized and advised authorities to look into the possibility of providing conjugal visit and analyze the merits and demerits of permitting conjugal visits so that the facility for conjugal visits can be provided to eligible prisoners subject to the precautions/safety measures to be taken.

19/05/2022

Can the broadcast of third party music in wedding ceremonies by the Event Management Company be considered a copyright infringement under section 52(1)(za) of the 1957 Copyright Act?

Delhi High Court appointment of Expert under Rule 31 of the Delhi High Court Intellectual Property Rights Division Rules, 2021 to decide the issue.

Delhi HC has appointed Academic Expert, Dr. Arul George Scaria, Associate Professor of Law and Co-Director, Centre for Innovation, IP and Competition, National law University, Delhi to help the court in interpreting the Section 52(1)(za) of the Copyright Act, 1957 in a dispute arose between the parties pertaining to use of sound recordings by defendants while organising its events, including weddings / marriage ceremonies and other social events in respect of which Plaintiff has the rights.

The Plaintiff contended that the Defendant is ought to obtain licences from Plaintiff for playing said music as the Plaintiff is right full owner of the same. The defendant, however, by relying upon the Explanation to the provision argued that when music is to be played for the purposes of marriage ceremonies or other social events connected with marriages, including a marriage procession, the use of music is deemed to be fair use, and hence, no licence would be required.
The Court considering large scale implications of issue in dispute for artists such as lyricists, music composers, singers, sound recording producers and owners on the one hand as also, for entities involved in the organisation and management of weddings and other social events has decided to take help of the expert.

What is Section 52(1)(za) of the Copyright Act, 1957?

Section stated that the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority, constitute infringement of copyright.

Explanation.-- For the purpose of this clause, religious ceremony includes a marriage procession and other social festivities associated with a marriage (inserted into the statute by virtue of The Copyright Amendment Act 1994 w.e.f.10th May 1995).

Case Detail: PHONOGRAPHIC PERFORMANCE LIMITED versus LOOKPART EXHIBITIONS AND EVENTS PRIVATE LIMITED, CS(COMM) 188/2022 & I.A. 4772/2022

18/05/2022

18/05/2022

17/05/2022

Domestic Violence Act, 2005 – An Insight

Supreme Court of India in its recent decision in Prabha Tyagi vs. Kamlesh Devi, dated 12.05.2022 has interpreted the term “right to reside in a shareholder” alongwith the provision of Section 12 of DV Act providing for the filing of Domestic Incident Report.

Please find below the details alongwith the copy of the judgment for reference:

: Whether the consideration of Domestic Incident Report is mandatory before initiating the proceedings under D.V. Act, in order to invoke substantive provisions of Sections 18 to 20 and 22 of the Domestic Violence Act, 2005?

: It is held that Section 12 does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act. It is clarified that even in the absence of a Domestic Incident Report, a Magistrate is empowered to pass both ex parte or interim as well as a final order under the provisions of the D.V. Act.

: Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levelled at the point of commission of violence?

: It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of the commission of domestic violence. If a woman has the right to reside in the shared household Under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household.

: Whether there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed?

: There should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed vis-à-vis allegation of domestic violence. However, it is not necessary that at the time of filing of an application by an aggrieved person, the domestic relationship should be subsisting. In other words, even if an aggrieved person is not in a domestic relationship with the Respondent in a shared household at the time of filing of an application Under Section 12 of the D.V. Act but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application Under Section 12 of the D.V. Act.



Prabha Tyagi vs. Kamlesh Devi

16/05/2022

Victim Compensation Scheme (VCS) under Section 357A of the CrPC – An Insight

The government has introduced a Central Victim Compensation Fund (CVCF) to enable support to victims of r**e, acid attacks, human trafficking, sexual abuse and personal disability and to effectively implement VCS under Section 357A of Code of Criminal Procedure, 1973.

The objective of fund is to:

• To support and supplement the existing Victim Compensation Schemes notified by States/UT Administrations.
• To reduce disparity in quantum of compensation amount notified by different States/ UTs for victims of similar crimes.
• To encourage States/UTs to effectively implement the Victim Compensation Schemes (VCS) notified by them under the provisions of section 357A of Cr.P.C. and continue financial support to victims of various crimes especially sexual offences including r**e, acid attacks, crime against children, human trafficking etc.

However, it has came into the light that due to several factors like lack of awareness among victims, Lack of initiative on the part of police and authorities etc, the scheme has hardly ever achieved its aim, as no interim or final compensation has been granted in most of the cases and the CVCF remained unused.
So, in order to provide benefits of the scheme and increase its reach, the Supreme Court in it’s order dated 25-07-2019 has passed following directions, which needs to be implemented by Central and State Governments to provide timely completion of investigation and trials under POCSO and in turn provide effective remedy to the victims. The directions are:

(i) In each district of the country, if there are more than 100 cases under the POCSO Act, an exclusive/designated special Court will be set up, which will try no other offence except those under the POCSO Act.

(ii) Such Courts will be set up under a Central scheme and will be funded by the Central Government, which fund will not only take care of the appointment of the Presiding Officer, but also the appointments of support persons, Special Public Prosecutors, Court staff and infrastructure including creation of child friendly environment and vulnerable witness Court rooms, etc.

(iii) While drawing up the panel(s) of support persons in each district which should not exceed a reasonable number keeping in mind the total number of cases to be tried by the special Court to be set up in each district, care should be taken to appoint persons who are dedicated to the cause and apart from academic qualifications are oriented towards child rights; are sensitive to the needs of a child and are otherwise child friendly. The same standards would also apply in the matter of appointment of Special Public Prosecutors.

(iv) The following suggestions of the learned Amicus Curiae shall also be implemented by the Ministry of Women and Child Development through such agency as may be considered appropriate:- “(e) A short clip intended to spread an awareness of the subject in general, namely, prevention of child abuse and prosecution of crimes against children, should necessarily be screened in every movie hall and could also be transmitted by various television channels at regular intervals. A child helpline number should also be displayed not only in such clip but also at various other prominenet places, in schools and other public places.

(v) In addition, Directors of the State Forensic Science Laboratories and the concerned authority in the State Government directed to ensure that the existing and available Forensic Science Laboratories in each State will function in an effective manner insofar as analysis etc. of the samples collected under the POCSO Act are concerned and reports of such analysis be sent promptly and without any delay

Details of Victim Compensation Fund:

https://www.mha.gov.in/sites/default/files/CVCF_revised_27072017_0.PDF

Supreme Court Order:

https://main.sci.gov.in/supremecourt/2019/24308/24308_2019_1_1_15332_Order_25-Jul-2019.pdf

11/05/2022

Today, Supreme Court has put Sedition Law i.e. Section 124A of Indian Penal Code, 1860 (IPC) on hold until reconsideration of the same by Central Government. Now the question arises that what is Sedition Law?
What is Sedition Law or Section 124A of IPC?
Section 124A of IPC defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab¬lished by law shall be punished…”
Its Explanations says:
Explanation 1.-- The expression "disaffection" includes disloyalty and all feelings of enmity.
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Explanation 2.--Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.--Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section
For further information, please read the order attached

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08/05/2022

Interesting Facts

Today is the birth anniversary of the amazing Justice Anna Chandy. She was the first female judge of India. Anna Chandy became a judge during a time when women were rigidly restricted to their homes. A young woman from Kerala not only selected law when it was practically forbidden for women to have careers, but she also entered politics to alter the fate of women. Chandy confronted her male rivals whenever they attempted to impede her aspirations.
Here are some interesting facts about this person:
1. Anna Chandy was born in the ancient kingdom of Travancore in 1905 and grew up in Trivandrum.
2. Anna Chandy was not only the first female judge, but she was also a High Court judge.
3. Along with Emily Murphy, she was the first female judge in the British Empire.
4. She had an excellent career and spent eight years working at the Kerala high court, when she was appointed by Sir C.P. Ramaswami Iyer, the Dewan of Travancore, in 1937. Chandy was a feminist of her day and committed her substantial efforts to the rights of women to work.
5. Anna also advocated for quotas for women in government jobs.
6. Chandy, recognised as the first generation feminist, was the first person in her state to obtain a law degree.
7. During her retirement, Anna served in the Law Commission of India, and with that she also wrote her autobiography named 'Aatmakatha'.

06/05/2022

Khalsa Help and Vidhipunj Foundation has organised Legal Langar on 20th April, 22 at Lal Quila on the Prakash Utsav of Guru Tegh Bahadur Ji.