1. Fixing time-limit to investigate crime against women interferes - TopicsExpress



          

1. Fixing time-limit to investigate crime against women interferes with criminal justice system. There is no rational basis to differentiate and there is no intelligible differentia to segregate crimes against the Disabled, against Senior and Super-senior citizens from crimes against women as the former class is more vulnerable than the latter. Fixing time-limit for all vulnerable sections of society as a CLASS only can withstand challenge to constitutionality of actions u/A 14 of Indian Constitution. 2. What are the safeguards to ensure non-interference/non-influence of NCW in police investigation? 3. Given the widespread misuse of 498A IPC by women against their mothers and sisters-in-law and given the widespread misuse of s.375 IPC, of s.24 and 25 HMA, of 125 CrPC, of Domestic Violence Act by women against Men-how does NCW intend to protect the wrongly accused and punish the false complainants? 4. Even Mahila Thanas and Crime Against Women Cells cannot compel accused to appear before them. Indian judiciary is accessible to all women, with free legal aid, to enforce their legal rights and to compel appearance of accused. Allowing NCW to compel appearance of accused is akin to giving them the status of a court, which was never the intention behind forming it as a Statutory body. 5. Securing presence of accused will only add to harassment of accused against whom complaint is lodged not to secure justice, but to extort money, out of sheer hatred, as an act of vengeance, to avenge honour of the woman complainant and when the woman only uses law to teach accused a lesson. 6. Is NCW competent enough to separate the grain from the chaff and ensure that only genuine complaints are entertained?
Posted on: Sun, 19 Oct 2014 08:28:06 +0000

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