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General Forum: Current 'Affairs' | | mana muKyamantri teerupai spandinchanDi | |
| Tilakji,
Please follow this.....
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Implement Dowry Prohibition Act'' (4th May, 2005)
Legal Correspondent
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Establish a committed, sincere machinery to implement the Act
Frame rules to compel men seeking government jobs to furnish information whether they have taken dowry;
If so, whether the dowry has been made over to the wife as contemplated under the Act
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NEW DELHI: The Supreme Court has expressed the anguish that the menace of dowry is still prevalent despite a law enacted in 1961 prohibiting the acceptance of dowry. It directed the setting up of a committed and sincere machinery to implement the Act and the Rules to hasten the eradication of the evil.
In ancient times, dowry was given by a woman at the time of marriage as a nest-egg or security in her matrimonial home, the court said. "But in course of time it assumed a different shape and degenerated into a subject of barter, acceptance of the woman as a wife depending on what her parents would pay as dowry, varying with the qualification and the status of the bridegroom's family." A three-Judge Bench, comprising Chief Justice R.C. Lahoti, Justice G.P. Mathur and Justice P.K. Balasubramanyan, passing the order on a public interest litigation petition directed the Centre and the States to consider framing of rules to compel men seeking government employment to furnish information whether they had taken dowry; if so, whether the dowry had been made over to the wife as contemplated under the Act. The rules could also seek such information from those already in government service.
Governments' failure
The Bench faulted both the Centre and the States for their failure to put serious effort in the implementation of the Dowry Prohibition Act.
"It is not as if the menace posed by dowry has in any way lessened. One can take judicial notice of the fact that cases of dowry harassment are splashed in newspapers almost everyday. When there is failure on the part of the Executive to strictly implement a law like the one in question, enacted to tackle a social problem which has assumed menacing proportions, the court has a duty to step in to give a mandamus," the Bench said.
The court asked the State Governments to give wide publicity to Sections 3 and 4 of the Rules providing for the maintenance of lists of presents or gifts to the bride and bridegroom and to appoint a sufficient number of dowry prohibition officers with independent charge in each district of the State concerned; to take steps to step up anti-dowry literacy among the people through lok adalats, radio, television and newspapers.
...In February, 2005, I sent a letter to the Honourable Supreme Court of India attaching some news items and my articles, and requested to take it as PIL. But no where my name was mentioned in almost all the english dailies. I thought it's due to lack of attaching lawyers endorcement. Now I would like to remaind the Apex Court regarding the same issue. What do u say?
Posted by: Mr. Vachaspathi V At: 11, Jan 2006 6:09:01 PM IST
Mr.Vachaspathi,
You may write your PIL in a simple language.I shall advice you to insert legal terms where ever necessary.I shall also make it in the legal format.If your Affidavit is in a proper form, I will not make any corrections.You are always welcome.
Posted by: Mr. B.A. Tilak , Advocate. At: 11, Jan 2006 5:58:22 PM IST
Tilakji,
I am thinking about an issue.
I would like to alert the governments via Judiciary. I will contact you, when I finalised the draft of that PIL.
Posted by: Mr. Vachaspathi V At: 11, Jan 2006 5:42:26 PM IST
Posted by: Mr. Vachaspathi V At: 11, Jan 2006 10:27:10 AM IST
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Let me know what kind of Affidavit is required?Please Mail me.
Posted by: Mr. B.A. Tilak , Advocate. At: 11, Jan 2006 4:04:42 PM IST
Posted by: Mr. B.A. Tilak , Advocate. At: 2, Dec 2005 7:41:33 PM IST
...
tilak gArU...
nEnu oka pil vEyAlanukunTunnAnu..dAniki mIri Affidavit istArA?
Posted by: Mr. Vachaspathi V At: 11, Jan 2006 11:27:10 AM IST
Posted by: Bahud♥♥rapu Baatasaari At: 1, Dec 2005 5:00:47 PM IST
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Posted by: Bahud♥♥rapu Baatasaari At: 1, Dec 2005 4:53:28 PM IST
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Sastriji,
All the people just can think about PIL as it must be utilised purposefully and sensibly. Otherwise, the Courts may punish that person who wasted the time of Judicial system. It's not easy. One must be an enlightened person to lodge a PIL in either High Court or Supreme Court as PIL may be lodged at them only.
Posted by: Mr. Vachaspathi V At: 1, Dec 2005 10:06:31 AM IST
...
ishTam vachchinaTTu Supreme Courtki uttarAlu rAstE...Arrest Warrant vachchE pramAdam undi. jAgarta!
Posted by: Mr. Vachaspathi V At: 11, Jan 2006 11:23:29 AM IST
*/You need not spend a single paisa to lodge a PIL. You can file it by writing a letter to the Honourable High Court, but not to individual Judge.
HOnourable HIgh Court of Andhra Pradesh must be the address, but not Honourable (INdividual Judge). Go ahead, if your PIL is rational, it will be taken into consideration.
Or,
If you have any lawyer friend, attach a wakalat to it.
Either one is o.k. to lodge a PIL.
Posted by: Mr. Vachaspathi V At: 30, Nov 2005 6:18:03 PM IST/*
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Under the Constitution of India the Supreme Court of India and the High Courts have the power to treat any letter as a Writ Petition.
But that does not mean that we can write letters to the Supreme Court of India or the High Courts and pray that the letters should be treated as Writ Petition.
It means that the Supreme Court of India and the High Courts are given the powers to treat certain letters as Writ Petitions but we are not given the right to demand the Courts to treat our letters as Writ Petition.Only the Courts shall take the descretion whether a letter can be taken as a Writ Petition or not.
Eg. -One Advocate from Tirupathi has filed a PIL in the High Court of Andhra Pradesh stating that the Hyderabad Metro Water Supply and Sewege Board is suppling dirty water to the residents of Hyderabad and Secunderabad twin cities.The PIL was dismissed by the honourable High Court of Andhra Pradesh on the ground that the Petitioner is from Tirupathi and that he is no where concerned with Hyderabad and Secunderabad Twin Cities.
You all know that Cine Hero Mr.Nandamuri Balakrishna was an Accused before the Metropolitan Sessions Court, Hyderabad for the charges of attempt to murder.One of the victims has lost his kidney and the other one has got his liver injured.However they have been discharged from the hospital but Mr. Balakrishna was still hospitalised.
Hence an Advocate practising in the High Court of Andhra Pradesh has filed a PIL in the High Court of Andhra Pradesh stating that Mr.Balakrishna is still hospitalised only to avoid being put in a cell or a jail,while the victims who were greviously injured are discharged and hence it is illegal on the part of the hospital and its Director.
The honourable High Court has held that already judicial proceeding was going on in the trial court and that the Petitioner could not file a PIL/Writ Petition in the High Court of Andhra Pradesh.Hence it was dismissed.Not only this the honourable High Court has held that the Petitioner being an Advocate practising in the High Court itself has wasted the valuable time of the Court and hence he was ordered to pay an amount of Rs.5000/- as fine.
If you want to file a (Public Interest Litigation) PIL/Writ Petition in the High Court as Party-in-Person (that means if you want to file on your own without engaging an Advocate)you will have to spend Rs.150/- for Court Fee Stamp, self addressed stamped covers, other stationery, etc.Not only this the Petitioner has to find out the dates of hearing of the case and attend the Court for all the hearing dates.That means all this will involve spending some money.
So the question of you saying that a single paise is not needed to file a PIL/Writ Petition is not correct.
I have given you the details above how two Advocates have filed PIL/Writ Petitions in the High Court and how the High Court has dismissed the cases and how one of the above Advocates has been fined with Rs.5000/-
So you saying that, if one has a lawyer friend one can file a vakalat, if one wants to file a PIL/Writ Petition is not so easy because even the cases filed by the Advocates are also being dismissed or even being dismissed with costs or fine for wasting the time of the High Court.
PUBLIC INTEREST LITIGATION (PIL):
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You can file a Public Interest Litigation only if some thing is being affected to all and that all such members cannot file a Writ Petition on their own.Eg.If the APSRTC buses are going on strike it is not affecting only one person but many people.But it is not possible for all the people to file a Writ Petition together.Hence one person can file a Writ Petition as PIL.Another example is that if there is any environmental pollution it is not possible for all the affected people together to sign the Writ Petition and file it in the High Court.Then one person or a group of persons can file a PIL.
Posted by: Mr. B.A. Tilak , Advocate. At: 2, Dec 2005 8:41:33 PM IST
mA pakkinTO kODi reTTEsindI adi vAsanostOndi anO
mA edurinTO pilla ki peLLi sambandham tappipOyindi kaTnam chAlalEdu anO mAtralEstE avi parpas`ful anD sen~sibul autAyA? aha, oka DauTu
Posted by: Bahud♥♥rapu Baatasaari At: 1, Dec 2005 6:00:47 PM IST
aunA! paisA kUDA karsu kAdA? nEnaitE inkA iraveyyenimi rUpAyalautAyanukunnAnE! OhO frI mAtralA
Posted by: Bahud♥♥rapu Baatasaari At: 1, Dec 2005 5:53:28 PM IST
Sastriji,
All the people just can think about PIL as it must be utilised purposefully and sensibly. Otherwise, the Courts may punish that person who wasted the time of Judicial system. It's not easy. One must be an enlightened person to lodge a PIL in either High Court or Supreme Court as PIL may be lodged at them only.
Posted by: Mr. Vachaspathi V At: 1, Dec 2005 11:06:31 AM IST
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