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Harassment Of Men Vis-A-Vis Protective Laws For Women In India

Domestic violence is always discussed in relation to women. Man is always considered as the perpetrator. However, because of the socioeconomic changes affecting the family structure in recent times, domestic violence is not limited to women only. Men also are abused verbally, physically, emotionally, psychologically, and sexually. Men do not report these abusive behaviors and are silent victims of the consequences.

As the laws in our society favors women as victims of violence, these hapless men do not get justice for their pitiable condition in the family and society. This article attempts to explore the extent of this problem and highlights its causes and effects. There is a need for gender neutral laws for domestic violence.

Introduction
"At his best, man is the noblest of all animals; Separated from law and justice, he is the worst." - ARISTOTLE Pran-nath, Pati-parmeshwar - these were the terms, which were used for the husbands by their wives. Husbands were the God for that time of wives. Wives kept the fasts, until their husbands returned alive from the war. Even, the wives at that time sati themselves in the fire of funeral of their martyr husbands, as the wives deemed their life of no meaning without their husbands. Wives were so dedicated to their husbands. It is not difficult to conclude that in the early stages of civilization women had an existence no better than a slave.

However, such references to scriptures are liable to be misleading regarding the status of women in society, as they were contextual. Wife enjoyed full rights and regularly participated in religious ceremonies with her husband. In Vedic period, the status of woman was not low. They enjoyed adequate rights in social and religious fields. Ramayana provided that the faces of women are like flowers; their words are like the drops of honey, but their hearts are like sharp razor; the interior of them no one can know. It is also held in the Mahabharat that women are the root of all evils.

Women, generally, are misusing the laws for taking their revenge against their husband or any other men. This is what we known as clear misusing the laws and her position, against the men, which ultimately violates the rights of men. Due to her ego, females are violating the rights of men. The dowry cases, sexual harassment cases, eve-teasing cases are some examples of misuse by women against men.

Many a times, Readings in Early Indian History - Women in Early Indian Socities, B. D. Chattopadhyaya Women and Society in India, Neera Desai and Maithvi Krishnaraj women themselves know that they are doing wrong, and even then they proceed on the way as their ego comes between.

Being a man, his life is very typical, because it is pre-decided that are men are strong and the wrong-doer is always a man. Society or the court does not see the particular case. Their mind has already set that women can do no wrong and all the women are the weakest creature, surviving on this planet. The emotional touch, given by a woman, turns the whole case in her favour, neglecting the rational procedure for deciding the matter.

When the things are going in right way, all is good, but when the situation get worst, woman turns those happy incidents into the evidence of her harassment by man. What is this? She manipulates the situations, as she wants, and man is just the puppet in her hand in that situation. If that is harassment, why did she not complaint at that time, when the things were going wrong according to her? Why did she wait for the situation to get worst?

All because she knows that she can show the situations in the manner, in which she wants, as she is "pre-defined victim" in all cases. Media plays the assisting role to women in violating the rights of men. It shows generally, the man as an accused and the woman as the serious victim. Although, this may be true in some cases, but most of the cases are opposite to this. Media pre-trial affects all the persons in the society.

Far before the actual trial of the man before the court, media set the mind of the public that men are always be an accused. Court decides it later whether the accused man is a convict or not, but by the effect of media, society decided on the very day of the reporting of the case that the accused man was the only convict. He would have surely committed the said Socio-Legal Status of Women in India, Rama Mehta Introduction Being a man, his life is very typical, because it is pre-decided that are men are strong and the wrong-doer is always a man. Society or the court does not see the particular case.

Their mind has already set that women can do no wrong and all the women are the weakest creature, surviving on this planet. The emotional touch, given by a woman, turns the whole case in her favour, neglecting the rational procedure for deciding the matter. Often a woman, when achieve new heights in her field, that moment is the moment of celebration, but when this celebration turns into her ego, then this corrupts the whole environment and specially, of her husband, father, son and her male colleagues.

When the things are going in right way, all is good, but when the situation get worst, woman turns those happy incidents into the evidence of her harassment by man.3 What is this? She manipulates the situations, as she wants, and man is just the puppet in her hand in that situation. If that is harassment, why did she not complaint at that time, when the things were going wrong according to her? Why did she wait for the situation to get worst?

All because she knows that she can show the situations in the manner, in which she wants, as she is "pre-defined victim" in all cases. Media plays the assisting role to women in violating the rights of men. It shows generally, the man as an accused and the woman as the serious victim. Further, government is creating the new (special) laws every another day for the women, in which the government clearly neglect the aspect of men.

Government forgets that, it is true that there may be some men, who are accused, but there are a lot of other men, who are innocent, who have their own rights. So, why should they be victimised and harassed, by attending the courts or any other institutions in fake cases by women? The Criminal Law (Amendment) Bill, 2013, which got Presidential assent on 02 April, 2013 and is in effect as The Criminal Law (Amendment) Act, 2013, is less in favour of women and more targeted against men.

The basic rights of men are again more restricted by the new amendments. There are very strict restrictions on the movement of men under new amendments. Men can't move here and there. They can't see, where there is a lady sitting or standing, otherwise they will be charged for Voyeurism under section 354-C of Indian Penal Code. They can't go towards the way, where a woman is already going, otherwise they will be charged for Stalking under section 354-D of Indian Penal Code.

Pulls and pushes is a normal routine in the over-crowded public transports, but this will be treated as an offence according to new amendments of Criminal Law. How men will survive in these strict restrictions? Where are the human rights of men, being a human being? Men are the puppets in the hands of women.

Objectives
Main objective of the present study is to appraise various aspects related to harassment of men by women with the help of laws enacted for their protection; Specific Objectives of the study are:
  1. To critically examine the laws for protection of women.
  2. To look into the lacunae in the existing laws with respect to the laws for protection of men against fake/vexatious cases filed against them by women.
  3. To make suggestion for an appropriate legal and regulatory framework for enactment/awareness for enactment of laws for men against their mental as well as physical harassment.

Statement Of Problem
  1. There are numbers of laws for protection of women in India but no such laws for protection of men.
  2. There is gender discrimination in every field; social, economic and political with respect to men and women. Many times men are abused in these fields but they do not report their grievances at even workplace.
  3. Women are making abuse of laws which are created for their benefit and protection to take revenge and there is no proper action taken against such women as well as no proper machinery to look into such matters and providing justice to men by implementation of proper laws and policies for them.

Hypothesis
India serves as a source, transit and destination of the harassment of men by women by enacting number of laws for their protection which is being misused by them by putting men to cruelty and resulting in harassment of men.

Methodology
The methodology adopted for preparing this paper is based on a qualitative explanation. There is a use of secondary resources like books, research papers, digital resources, various sites, etc. for data and information collection.

Protective Laws For The Benefit Of Women

Special Rights For Women, Violating The Fundamental Rights Of Men:

The principle of gender equality is mentioned in the Constitution of India. The preamble, Fundamental Rights, Fundamental Duties and Directive Principles of State Policy has the mark of this principle.

The Constitution provides equality to women, along with the powers to the State to use the modes of positive discrimination in favour of women. As we have rule of democracy in our country, our laws, development policies, plans and programmes have the object to promote the advancement of women in different spheres.

India has also ratified different conventions at international level and documents relating to human rights, which are targeted to secure equal rights of women. The Convention on Elimination of All Forms of Discrimination against Women (CEDAW) is the most important convention, which was ratified by India in 1993.

Articles in the Constitution of India: The Constitution of India provides equality to women. It also provides the powers to the State to use the modes of positive discrimination in favour of women. The states have such power so that they can neutralize the economic, social, educational and political disadvantages faced by women in various fields.

Fundamental rights ensure that all persons are equal before the law and all have equal protection of law; no citizen will be discriminated on grounds of religion, race, caste, sex or place of birth, and all citizens will have equal opportunity in matters relating to employment. Articles 14, 15 (j), 15 (3), 16 (2), 23 (1), 39 (a) to 39 (d), 39 (e), 42, 46, 47, 51-A (e), 243-D (3), 243-D (4), 243-T (3), 243-T (4); and 73rd and 84th Amendment of the Constitution are of specific importance in this regard. Constitutional Privileges:
  1. Article 14: Women are equal before law.
  2. Article 15 (i): The State will not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
  3. Article 15 (3): The State will have to make any special provision in favour of women and children.
  4. Article 16: All citizens will have equality of opportunity in matters relating to employment or appointment to any office under the State.
  5. Article 39 (a) and (d): The State to direct its policy towards securing the right to an adequate means of livelihood equally for men and women; and both men and women will have equal pay for equal work.[1]
  6. Article 39 A: The State to promote justice, on a basis of equal opportunity and to provide free legal aid by proper legislation or any scheme or in any other way to ensure that no citizen by reason of economic or other disabilities will be denied of the opportunities for securing justice. (vii) Article 42: The State to make law for securing just and humane conditions of work and for maternity relief.
  7. Article 46: The State to promote the educational and economic interests of the weaker sections of the people with special care and also to protect them from exploitation and all forms of social injustice.
  8. Article 51 (A) (e): To promote the spirit of common brotherhood and harmony amongst all the people of India and to left the practices not beneficial to the dignity of women.
  9. Article 243 D (3): According to this Article, "One-third (including the number of seats reserved for the Scheduled Castes and the Scheduled Tribes women) of the total number of seats, to be filled by direct election in every Panchayat, shall be reserved for women and such seats shall be allotted by rotation to different constituencies in a Panchayat."
  10. The Hindu Adoption and Maintenance Act, 1956
  11. The Protection of Women from Domestic Violence Act, 2005
  12. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  13. The Hindu Adoption and Maintenance Act, 1956 (xviii) The Immoral Traffic (Prevention) Act, 1986
  14. The Maternity Benefit Act, 1961 (Amended in 1995)[2]
  15. The Dowry Prohibition Act, 1961
  16. The Medical Termination of Pregnancy Act, 1971 ( The Contract Labour (Regulation and Abolition) Act, 1976

According to the data of the National Crime Records Bureau[3], 1,50,000 men had committed suicides in the year 2005 and 2006. These numbers of men is very shocking because just 50,000 women had committed suicide in those years. All this data shows the pitiable state of affairs of Indian men. Around 1,08,000 out of these 1,50,000 men, were suicides by husbands. The government, that is earning 82 % of taxes from these men, can easily explain the reasons behind all this.

Opposite to it, the government has ignored the position of men. The men have the lack of protection and proper voice. Men are aggrieved of the domestic violence and also the victims of the misuse of these laws. 1% cases of domestic violence and dowry harassment, filed against men and their families, are true and rest of the cases is false and fake.

These fake cases are filed with wrong intention to extort money and it is unfortunate to say that all is done in the premises of the court itself. In last, woman wins the case, which was fake and false from the first moment. All due to the presumption by the court that women are in the weaker position in the society.

In Sandeep Kaur v. State of Punjab and another[4], the wife had made a complaint under the Protection of Women from Domestic Violence Act, 2005 against her husband, by which she got an order in her favour of getting two rooms in the house of her husband, for living separately. On Sep. 24, 2013, she lodged a fake F.I.R. against her husband under S. 376-B and S. 506, I.P.C. at Police Station Division No.8, Jalandhar (Punjab).

The trial court struck off the charges of the respondent husband under S. 376-B and S. 506, I.P.C. and acquit him by giving benefit of doubt. In an appeal, the Double bench, of Justice T. P. S .Mann and Justice Ramendra Jain, of High Court of Punjab and Haryana, on Jan. 11, 2016 observed that:
There is difference between the initial version of the appellant wife regarding the date of offence and her statement in her cross examination. She did not tell about the incident for around 8 days to any person. The above conduct of the appellant wife is highly improbable and unnatural because huge litigation i.e. divorce petition, proceedings under Section 125 Cr.P.C. as well as the complaint under the Act was going on between the appellant wife and respondent husband. If respondent husband had got opened the door of her room on the pretext of illness of their baby, in such an eventuality, it cannot be expected from a man of prudence that she will not raise any grouse or disclose her forcible rape by respondent husband to anyone.

It is unexplained on record that she was forcibly raped by him and why the appellant wife kept on opening the door for respondent husband on the subsequent dates i.e. from 15.09.2013 to 20.09.2013, more particularly when relations were strained in between them and their children were also not staying with her and she kept on allowing respondent husband to commit rape with her against her wishes.

Admittedly, on earlier occasion also the appellant wife got registered false FIR No. 300 dated 27.10.2009 under Sections 376/498A/120B, I.P.C. against respondent husband and his parents in which they were acquitted.

Hence, the above conduct of appellant wife also puts a dent in the prosecution story. Even otherwise, F.I.R., in the present case, was lodged belatedly by the complainant wife, because as per her complaint, respondent husband had committed rape with her on 14.07.2013, but F.I.R. in the instant case was lodged on 24.09.2013.

Even if, it is presumed that the dates of occurrences i.e. 14.07.2013 to 24.07.2013 were mentioned wrongly, in that eventuality, there is no explanation on the file why the prosecutrix kept mum for four days and got lodged the F.I.R. on 24.09.2013. Admittedly, the respondent is the husband of appellant wife and their relations were not healthy. Thus, it can safely be presumed that the appellant wife for taking revenge got lodged the present false FIR against respondent husband. The appellant in her cross examination also admitted that tenants were also residing on the upper floor of the same house in which she was residing.

Her above deposition clearly proves beyond doubt that respondent husband was usually visiting the appellant wife even after the occurrence, but she did not take any action against him, which means that with her consent, alleged intercourse was committed by respondent husband with her. Hence, the order of the trial court was upheld by the double bench also, and the respondent husband was rightly acquitted from the charges under s. 376-B and s. 506, I.P.C."

According to Indian laws, a man is always guilty of harassing his wife for dowry. Indian society, including policemen and judiciary, would never believe a man, if he complains of a woman harassing, blackmailing or beating him, even if he has complete evidences. It is presumed that it must have been his fault. Indian laws consider all men as regular sex-offender, women is always treated as a victim.

Misuse Of Protective Laws By Women In India

Gender biased laws The laws are supposed to make deliver justice to its citizens, irrespective if they are rich or poor, male or female, animal or human. But, what happens if the law itself is biased?

Here are some Indian laws, which are gender biased and have amounted to lot of controversies:
  1. Dowry death laws:
    If a woman dies of an unnatural death within 7 years of marriage, a criminal case is to be filed against the husband under s. 304-B, I.P.C. If the investigation leads to any slight proof that she was being subjected to cruelty and torture for dowry by him or any of his relatives, the death will be considered murder for dowry. The punishment will be imprisonment for seven years for the husband and the relatives.
     
  2. Laws for sexual harassment and rape:
    A woman can just go to the police station and file a first information report, accusing the man for rape. The man will be arrested immediately without any proof or investigation. This has become a weapon for some cheap woman to ruin the life of man and his family's name in two minutes. This amendment was made in 2013.
     
  3. Domestic Violence Act and other laws:
    This is the most draconian law ever and was referred to as "legal terrorism" by the Hon'ble Supreme Court of India. Under this law, if a woman goes to the police station and files first information report against her husband and his family, accusing them of domestic violence under the Domestic Violence Act and s. 498A, I.P.C., they are automatically considered guilty. It would be their job to prove themselves innocent or else, rot in jail. This section is non-bailable and non-compoundable. In most cases, arrests were done before investigation. However, Supreme Court saw the misuse and took a corrective step later, and that is that the arrests to be made only after magistrate's nod only.
     
  4. Adultery:
    Now, consider this scenario. Ravi and Rekha are married to each other. Amit is another person. Rekha and Amit decide to have intercourse. This is not rape nor done forcefully, but purely consensual. What Rekha did was adultery s. 497, I.P.C. - had physical relation outside marriage. Though this is not a crime, but is morally not acceptable and has legal consequences. The legal consequences amounting to adultery are Amit is imprisoned for five years with fine. Rekha?

    She does not have to face a single thing. Why? Because woman are not considered as punishable, even as an abettor. The lifelong trauma that often ends in suicide. Even if the man is let off the false charges thrown at him by liars, will it be easy for him to let go of the mental trauma, he went through jail?

    Seeing his old parents rotting behind the bars? For facing such insult by society, when he did not even do nothing. Justice is absolute right, but laws like these are only convenient for woman, who just wants to take revenge for nothing. In 2011, 19,772 cases were filed under S. 498 A, IPC, the conviction rate was only 6.5 %.[5] Rest of the cases was false.

Justice Dhanuka also observed the judgment and principles, laid down in Manoj Madhukarrao Pate v. Sou. Vijaya Manoj Pate[6], that, "the wife who had filed a false complaint against the husband and his family members under section 498A of IPC, and the husband and his family members having been acquitted, the husband was entitled to seek divorce on the ground of cruelty under section 13 (1) (ia) of the Hindu Marriage Act, 1955 against the wife."

2. Daughter-in-law trespassed into the property of her mother-in-law One of the courts at Delhi has observed and said that those laws, which are provided to women for their protection, are being misused highly in the present scenario against their in-laws.193 The judiciary is bound to prevent such practice across the country. Such observation and statement by the court was made, while providing relief to a widowed, aged 70 years.

Her daughter-in-law had residing illegally after making illegal trespass in to her house. The case showed the mentality of the woman, how she misused the special laws for suppressing the voice of her in-laws and breaking them from inner side. The judicial system never allows such misuse in the society. They surely have to work in this direction so as to prevent these type of malpractices.

In Kavita Chaudhri v. Eveneet Singh and others[7], Delhi High Court ordered that:
The woman, who was estranged from her husband, was restrained from taking possession of her mother-in-law's house in a posh locality in South Extension, New Delhi. Accepting the plea of 54-year-old widow, Kavita Chaudhri, Justice Jayanth Nath passed a decree in her favour, as she claimed that the house in question was gifted her by her father.

The court had restrained the daughter-in-law from taking possession of the house, by saying that the defendant no. 1 (daughter-in- law) had no right to continue to reside in the suit property or to disturb the possession of the plaintiff's (Chaudhri) property in South Extension, New Delhi. There was no merit in the contentions of defendant no. 1. Accordingly, a decree was passed in favour of Chaudhri and against defendant No 1, restraining the defendant No 1, her agents, representatives etc. from entering into premises D-32, South Extension Part-II, New Delhi."

3. Loopholes of Indian authorities Apex court said that:
The country's anti-dowry law is being misused by disgruntled wives, but the fault for the misuse doesn't lay solely with the women, but also with law enforcement agencies. The practice of the bride's family giving cash, furniture or jewelry to the groom's family, as a help to cover marriage expenses, otherwise known as dowry, has been part of Indian society for centuries. Although, outlawed in the 1960's, the age-old custom persists, leaving women vulnerable to harassment, beatings and even worse in the case of a dispute. In order to safeguard women from such abuses, the so-called anti-dowry law was introduced in 1983.

According to India's National Crime Records Bureau, over 8,200 women were killed still across India in 2012 due to disputes over dowry payments given by the bride's family to the groom or his family. Moreover, the conviction rate for such crimes remained at 32%. But, India's Supreme Court ruled on July 1, 2014 that anti-dowry regulations were now being increasingly used as weapons, rather than shields by disgruntled wives and ordered the police to follow a nine-point checklist before arresting anyone on a dowry complaint.

Out of 100 investigated cases under section 498-A of the Indian Penal Code, only in two cases are the accused convicted. In most of the cases, where there is an acquittal at the District Court, the matter is not taken up by higher courts. Only when there is a conviction at the lower courts are the cases taken to higher courts."

4. Section 498A of I.P.C. and its misuse against husband
S. 498A was enacted to empower women against harassment for dowry and domestic violence. Now-a-days, the cases of misuse of this provision have become a daily routine. It is sad to say that the Supreme Court in the historical case of Sushil Kumar Sharma vs. Union of India222 has condemned s. 498A as 'Legal Terrorism'. Wife frequently misuse s. 13 (1) (ia), the Hindu Marriage Act, 1955 to harass the husband, this section provides for cruelty as the ground for divorce.

Around 5,35,237 cases under s. 498A, I.P.C. were lying undecided in various courts all over the country till December, 2015. In total 11,63,732 persons were entangled as accused and falsely implicated in those cases, excluding Punjab and Haryana High Court[8]. This calculation makes it apparent that the situation of family matters is degrading regularly.

Observations
At both national and international level, various courts have admitted that men are being harassed by women for gaining their personal benefits through misusing the laws, which are provided to the latter for the protection of their rights. The courts do not felt ashamed for awarding punishment to women for the commission of wrong by them. It is a good start for the protection of interests of men.

It was felt by the family court that a woman, who is well-qualified, cannot claim any maintenance from her husband[9]. While dismissing the application of a dietician, in which she was claiming Rs. 2 lakhs per month as maintenance. While dismissing such application, the family court at Mumbai on 08th March, 2015 said, "The wife, who is well-qualified and claiming maintenance by sitting idle, is not entitled to get maintenance.

The wife is not entitled to advantage of her own wrong, she cannot harass the husband on the count of maintenance though she is capable to earn." The lady filed the petition in 2013, in which she made complaint that since the marriage, her husband and in-laws had not behaved well with her and physically and mentally exploited her for being fewer dowry. According to her complaint, her husband and in-laws wanted Rs. 50 lakhs, gold ornaments and a luxury car at the time of marriage. On non-fulfillment of the demands by her parents, they made her to bind to go to her parental house and live at a separate place since April 2011.

Conclusion
An overview of present scenario reveals that India serves as a source, transit and destination of the harassment of men by women. The collaborated and protected system in India further makes it a complex, multi-layered and multi-dimensional problem. Men are being charged by women in numerous of cases by misusing the special laws for women.

Violation of section 498A, IPC, its goals and its aims is on the rise with the woman frivolously making false allegations against their husbands with the purpose of getting rid of them or simply hurting the family. The abuse of this section is rapidly increasing and the women often well- educated know that this section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind bars.

When women accuse their husbands under s. 304-B and s. 498A, IPC by making the offence non-bailable and cognizable, if the man is innocent, he does not get a chance quickly to get justice and "justice delayed is justice denied".

No support from the society and no protection of laws for men. The society and the government are not taking care of men, who are victims of domestic violence. It is a serious problem worldwide. Domestic violence over men is not punished or treated as an offence under any of the laws[10].

Opposite to it, special provisions given to women for their protection are framed in such a way so as to harass men. Organizations, in favour of women, have stressed in a single voice to implement the Domestic Violence Act in India. According to them, victims will be empowered by the said Act, and further they will be protected by the Act. In majority, it is accepted in the society that domestic violence should not be done in the family. It is in exceptional cases that the Act would be used to protect the victims from their spouse. This would further protect the children of the spouse emotionally, morally and mentally.

Suggestions:
After completing the whole study and analysis over the problem, the following suggestions can be made for resolving of the problem and betterment of men in comparison to women, legally, socially, mentally, economically and politically: Need of "an effective Act" to safeguard the interests of men: Every year more 62,000 married men are committing suicide in the country[11].

Often we hear news of men committing suicide after the police forces them to stay with their abusive wives, else the police threaten them with arrest. There is no social acceptance of a harassed and victimised man. Often when men share their problems, they are ridiculed and belittled by society. Hence, society and the government need to understand this, and for it a law for the protection of harassed males, specially for husbands, is required.

End-Notes:
  1. www.livemint.com, Last visited on April 14, 2022.
  2. www.edugeneral.org, Last visited on April 30, 2022
  3. www.shalinikaushik.shabdanagari.in, Last visited on April 11, 2022.
  4. CRA-D-1404-DB-2015, P & H, 2015, Decided on Sep. 24, 2013.
  5. www.readwhere.com, Last visited on April 15, 2022
  6. 2015 (1) ALL MR 95
  7. CS (OS) 505/2010, Decided on Sep 19, 2013.
  8. 243rd Report of Law Commission on Section 498A, I.P.C.
  9. www.epaper.aajsamaj.com, Last visited on May 6, 2022.
  10. www.indiapress.org, Last visited on Apr 21, 2022
  11. www.rediff.com, Last visited on April16, 2022.
Written By Adv. Nilam Sampat Shevkari

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