Landmark Directions of the Apex Court to curb eve-teasing

While adjudicating CIVIL APPEAL NO. 8513 OF 2012, instituted by the Deputy Inspector General of police,The Hon'ble Mr. Justice K.S. Radhakrishnan, has pointed out certain significant observations over the offence of eve-teasing that "Eve teasing today has become pernicious, horrid & disgusting practice. The Indian Journal of Criminology and Criminalistics (January- June 1995 Edn.) has categorized eve teasing into five heads viz. (1) verbal eve teasing; (2) physical eve teasing; (3) psychological harassment; (4) sexual harassment; and (5) harassment through some objects. In Vishaka and Others v. State of Rajasthan; (1977) 6 SCC 241, this Court has laid down certain guidelines on sexual harassments. In Rupan Deol Bajaj and Another v. K.P.S. Gill; (1995) 6 SCC 194, this Court has explained the meaning of ‘modesty’ in relation to women. More and more girl students, women etc. go to educational institutions, work places etc. and their protection is of extreme importance to a civilized and cultured society. The experiences of women and girl children in over-crowded buses, metros, trains etc. are horrendous and a painful ordeal. The Parliament is currently considering the Protection of Woman against Sexual Harassment at Workplace Bill, 2010, which is intended to protect female workers in most workplaces. Provisions of that Bill are not sufficient to curb eve-teasing. Before undertaking suitable legislation to curb eve-teasing, it is necessary to take at least some urgent measures so that it can be curtailed to some extent. In public interest, we are therefore inclined to give the following directions: 1) All the State Governments and Union Territories are directed to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, metro stations, cinema theatres, shopping malls, parks, beaches, public service vehicles, places of worship etc. so as to monitor and supervise incidents of eve-teasing. 2) There will be a further direction to the State Government and Union Territories to install CCTV in strategic positions which itself would be a deterrent and if detected, the offender could be caught. 3) Persons in-charge of the educational institutions, places of worship, cinema theatres, railway stations, bus-stands have to take steps as they deem fit to prevent eve-teasing, within their precincts and, on a complaint being made, they must pass on the information to the nearest police station or the Women’s Help Centre. 4) Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. Failure to do so should lead to cancellation of the permit to ply. 5) State Governments and Union Territories are directed to establish Women’ Helpline in various cities and towns, so as to curb eve-teasing within three months. 6) Suitable boards cautioning such act of eve-teasing be exhibited in all public places including precincts of educational institutions, bus stands, railway stations, cinema theatres, parties, beaches, public service vehicles, places of worship etc. 7) Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes. 8) The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing."

Gujarat HC justified apponitment of Lecturers of Medical Colleges on election duties

While dismissing SPECIAL CIVIL APPLICATION NO. 15939 of 2012 and No.15940 of 2012, challenging the appointment of the tutors and lecturers of the medical colleges, as the polling officers on election duties by the Election Commissioner, under the provisions of the Representation of the People Act, 1951, the division bench of the Gujarat High Court, comprising of Hon'ble MR.JUSTICE D.H.WAGHELA and MR.JUSTICE G.R.UDHWANI, it is ultimately observed by the High Court that the petitioners doctors, having been admittedly designated as Tutors or Lecturers and having not fallen in the exempted categories as per the Hand Book for Returning Officers, the petitions are summarily dismissed as wholly devoid of merits.

A Landmark Direction by The Apex Court against a Senior Lawyer

While Adjudicating CRIMINAL APPEAL NO.1393 OF 2008 against Mr. R. K. Anand, a senior lawyer of Delhi High Court, challenging the order of a proceeding initiated suo motu [registered as Writ Petition(Criminal) No.796 of 2007] before Delhi High Court, the Hon'ble Supreme Court has made certain landmark observations, and took an illustrative view in accordance with the facts and circumstances of this case for the enhancement of the punishment given to the contemnor, considering it wholly inadequate. The SC further observed with a slightly lenient view taken in the matter with a direction that "In a judicial proceeding, however, it is important not to lose complete objectivity, We feel that no useful purpose will be served by sending the contemnor to jail.On the contrary, by keeping him out and making him do the things that he has undertaken to do would serve a useful social purpose. We, accordingly, accept the offer made by the contemnor. In terms of his undertaking, the contemnor shall not do any kind of professional work charging any fees or for any personal considerations for one year from today. He shall exclusively devote his professional services to help pro bono the accused who, on account of lack of resources, are not in a position to engage any lawyer to defend themselves and have no means to have their cases effectively presented before the court. The contemnor shall place his professional services at the disposal of the Delhi Legal Services Authority which, in coordination with the Delhi High Court Legal Services Authority, will frame a scheme to avail of the contemnor’s services for doing case of undefended accused either at the trial or at the appellate stage. The contemnor shall appear in court only in cases assigned to him by the Legal Services Authority."

Best Secular Wishes on the eve of Happy New year

On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all of you with a prayer of Gayatri Mantra, which is adjudicated as the Best Secular wishes by Hon'ble Justice Raju of Madras High Court, in a well debated case regarding to the publication of a greeting card with Gayatri Mantra by United India Insurance Company on the eve of Happy New year, as such- गायत्री मन्त्र ॐ भूः भुवः स्वः ॐ तत् सवितृ वरेण्यं भर्गो देवस्य धीमहि धियोयोनः प्रचोदयात् ॐ which is always enchanting for enlightening of our knowledge and intelligence for the happy moments forever in your life ahead...

With regards,we also pray Gayatri Mantra and extend our best wishes for happy new year KARTIKEY SHROFF Advocate Gujarat High Court www.kartikey.com email:info@kartikey.com

The Apex Court dismissed Appeal of State of Gujarat, in respect of the appointment of the Secretary as the President of Revenue Tribunal

While Dismissing Civil Appeal No.7208 of 2012 preferred by State of Gujarat, against the judgment of the Gujarat High Court in Special Civil Application No.8209 of 1988, by way of which the High Court has allowed the writ petition filed by the respondents Gujarat Revenue Tribunal Bar Association, striking down Rule 3(1)(iii)(a) of the Gujarat Revenue Tribunal Rules 1982 (hereinafter referred to as ‘Rules 1982’), which conferred power upon the State Government to appoint the Secretary to the Government of Gujarat, as President of the Revenue Tribunal, The Hon. Apex Court has finally concluded that" We do not have any hesitation in concurring with the finding recorded by the High Court that the Tribunal is akin to a court and performs similar functions." The Supreme Court has further defined the process of consultation that " The object of consultation is to render the consultation meaningful to serve the intended purpose. It requires the meeting of minds between the parties involved in the process of consultation on the basis of material facts and points, to evolve a correct or at least satisfactory solution. If the power can be exercised only after consultation, consultation must be conscious, effective, meaningful and purposeful. It means that the party must disclose all the facts to other party for due deliberation. The consultee must express his opinion after full consideration of the matter upon the relevant facts and quintessence.