BAIL BEFORE TRIAL AND AFTER TRIAL

शुक्रवार, ३० एप्रिल, २०२१

ENACTMENT OF ANTI SOCIAL BOYCOTT LAW

ENACTMENT OF ANTI SOCIAL BOYCOTT LAW.

Maharashtra is the first state in the country to enact a law against social boycott of individuals or families by caste panchayats. ‘Maharashtra Prohibition of Social Boycott Act, 2016 which was enacted by the state government, has termed any action of social boycott as crime.

Maharashtra in recent times has witnessed an increased number of incidents of social boycott and violence at the orders of seniors in the caste panchayats, for not adhering to their rules. A number of activists and academics have been demanding an act against the foul practices of caste panchayats for years. This won’t be the first time that the state is taking a lead in formulating such acts. Maharashtra was also the first in the country to enact anti superstition law.

The Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016, received Presidential assent, paving the way for its implementation. The new law disallows social boycott in the name of caste, community, religion, rituals or customs. Ex-Chief Minister has said that a “progressive state like Maharashtra” cannot allow social evils in the garb of caste panchayat diktats or rituals.

WHAT IS EXACTLY SOCIAL BOYCOTT UNDER THIS NEW LAW ?

If any individual or group tries to prevent or obstruct another member or group from observing any social or religions custom or usage or ceremony, or from taking part in a social, religious or community function, assembly, congregation, meeting or procession, the act amounts to social boycott. So is challenging the freedom of individuals in the name of jati panchayats, religion, customs, or denying them the right to practise a profession of their choice. Freedom in this case includes the freedom to marry outside one’s caste, visit places of worship, wear clothes of one’s choice and use any specific language. Discrimination on the basis of morality, political inclination or sexuality also qualifies as social boycott. As does stopping children from playing in a particular space, or disallowing access to crematoria, burial grounds, community halls or educational institutions with mala fide intentions.

HOW DOES THE ACT AGAINST SOCIAL BOYCOTT?

A Collector or District Magistrate, on receiving information of the likelihood of unlawful assembly for imposition of social boycott can, by order, prohibit the assembly. Conviction of the offence of social boycott will attract a prison term of up to three years or a fine up to Rs 1 lakh, or both. Abetment by an individual or group will invite the same punishment. The offence of social boycott is cognizable and bailable, and will be tried by a Metropolitan Magistrate or a Judicial Magistrate First Class. To ensure speedy justice, trial would have to be completed within a period of six months from the date of filing the chargesheet.

WHY IS NEED TO HAVE SUCH ENACTMENT/ LAW IN MAHARASHTRA?

The decision was a reaction to pressures from growing incidents of atrocities on individuals by JATI panchayats or GAVKIS wielding extra-judicial powers. The highest numbers of incidents were reported from the districts of RAIGAD, RATNAGIRI and NASHIK; and the largest numbers of cases of social boycott were provoked by INTER-CASTE MARRIAGES. Prevailing laws are frequently challenged in the court, or loopholes are used to escape punishment. The new Act facilitates the framing of charges under Indian Penal Code Sections 34, 120-A, 120-B, 149, 153-A, 383 to 389, and 511 if there is concrete evidence to substantiate an accusation of social boycott.

Ex-Chief Minister, who took the initiative to work out a consensus among political parties, argued that Maharashtra, a state with a rich legacy of social reforms, could not allow social boycotts. According to Ex-Chief Minister, “The Act was required in the backdrop of prevailing atrocities inflicted on people in the name of tradition, caste and community. Social boycott will be dealt with an iron hand. The atrocities inflicted by a handful of people in the name of jaati panchayats or groups citing caste and community traditions will not be tolerated if it questions the dignity of a human being.”

MY PERSONAL EXPERIENCE IN TWO SIMILAR CASES.

I was approached by friend in circle staying in Ratnagiri District belonging to Dhangar Caste He is from Ratnagiri District. He works in Mumbai and has family at native place in very small village. Now in Kokan region there is system which builds to equal to gram panchayat in guise of Gramseva Mandal (PublicTrust Registered under Charity commissioner) or equivalent organization They form their own rules and impose unnecessary penalties boycott families or persons, if rules are not followed or penalty is not paid or married to girl in same locality or didn’t attend social gathering or feast is not given in family functions and lists goes on. Let me speak case at hand so my friends’ brother loved Girl in same locality and they intended to marry when both families started discussing their relationship and marriage expenses they decided not to spend money on liquor in Haldi Ceremony as both families were poor and this issue was discussed in village gathering. Village elders (Not gram panchayat members) decided to boycott marriage ceremony alongwith both families. My friends mother was sobbing when I visited the place. I did what was needed Filed complaint to Police Station in writing Police officer on duty refused to received written complaint I had gut feeling that this would happen so I was prepared I send that complaint to SSP of District, District Collector, District Magistrate, Human rights commission, and State woman Commission. The day SSP and police station received complaint Sarpanch and police Patil called me and came for meeting in Mumbai begging to take back the complaint I said we will speak in police station as complaint is already lodge.

Later when we were called in Ratnagiri in police station 15 elders who ordered boycott were present and their statements were recorded. SSP came for meeting, In that meeting Victim Families and elders were asked whether they want to go on with matter? Elders tendered unconditional Apology and decided to bear entire expenses of the marriage along with Haldi ceremony Victim families decided not pursue matter further and compounded the same.

In other similar matter old lady was residing in village in Ratnagiri couldn’t attend one religious annual gathering as she was not well Mandal (So called Elders) of that locality imposed fine of 5000/- on her and boycotted her till she pays the penalty. Her son who is working as Advocate clerk in High court approached me and explain the situation I first advise that guy to bring his mom to Mumbai to reside with him as she was ill and she will be getting better medical treatment. I did what I did earlier drafted complaint in Marathi making all elders accused along with Sarpanch and police patil as accused sent complaint to relevant police station. Few days’ police didn’t take any action so I sent complaint to SSP District Collector, District Magistrate, Human rights commission, and State woman Commission. Then those elders started threatening Victims Son they literally gave death threats to him over phone as I told him to keel call recorder on his call got recorded and various IPC sections were imposed along with Extortion they were arrested and later released on bail. Matter of social boycott Act pending in Ratnagiri and extortion matter is pending in Mumbai. All Accused regret their decision of boycott till date and wanted to settled matter but complainant don’t want to compound it, they all disbanded their mandal after matter was lodge against them.

(To keep identity of victim safe I am avoiding mentioning names in my article as they already suffered so much )

Article by

PANKAJ R. MHATRE ( पंकज र. म्हात्रे)

(Advocate High Court) (वकील उच्च न्यायालय)

Contact - 9773786260

Follow me on

Facebook: https://www.facebook.com/AdvPankajMhatre/

Linkedin : https://in.linkedin.com/in/पंकज-म्हात्रे-9089b520

Twitter : @AdvpankajMhatre

Instagram : @AdvPankajMhatre

TIP: Readers’ kindly note that abovementioned information is for your knowledge. Purpose of this article is to spread knowledge to common people as well as law students. Use it as per your convenience If you want more details or you are involved in any legal matter the please take professional help. Professionals are trained for years to do the things they do. They will help you in your matter.

मंगळवार, २५ ऑगस्ट, २०२०

BAIL AND ITS TYPES(जामिन आणि त्याचे प्रकार)

BAIL AND ITS TYPES

(जामिन आणि त्याचे प्रकार)

Bail (जामीन) denotes the provisional release of an accused in a criminal matter in which the court is yet to announce a judgment. The expression 'bail' means a security deposited to appear before the court for release.

The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.

जामीन म्हणजे तात्पुरता पैसे भरून किंवा बंधपत्र किंवा जामीनदार देऊन जेल मधून बाहेर सोडण्याची मुभा जामीन देण्याचा उद्देश हाच असतो की आरोपी खटला संपे पर्यन्त कोर्टाच्या तारखेस उभा राहिला पाहिजे किंवा खटला संपे पर्यन्त पळून जाऊ नये. त्याशिवाय जो पर्यन्त गुन्हा सिद्ध होत नाही तो पर्यन्त आरोपीस निर्दोष मानले जाते.

Types of Bail in India (जामिनाचे भारतातील विविध प्रकार)

There are many types of bail in India which a person can apply depending upon the stage of the criminal matter:

1. Regular Bail (सामान्य / साधारण जामीन): A regular bail can be granted to a person who has already been arrested and kept in police custody. A person can file a bail application for regular bail under Section 437 and 439 of the Code of Criminal Procedure of 1973 when he is remanded to judicial custody.

जेव्हा एखादा आरोपी अटकेत असतो तो पोलिस कोठडीतून जेव्हा न्यायालयीन कोठडीत जातो तेव्हा तो वकिलामार्फत जामीनाचा अर्ज करू शकतो.

2. Interim Bail (अंतरिम जामीन): Interim bail is a bail granted for a short period of time. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.

जेव्हा एखादा आरोपी अटकपूर्व जामीन मिळवण्यासाठी

3. Anticipatory Bail (अटकपूर्व जामीन): A person, who discerns that he may be arrested by the police for a non-bailable offence, can file an application for anticipatory bail. It is like an advance bail obtained under Section 438 of the Code of Criminal Procedure of 1973. A bail under Section 438 is a bail before arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the court.

एखाद्या व्यक्तीस जेव्हा जामिनपात्र किंवा अजामीनपात्र गुन्हा केल्याच्या आरोपावरून अटक होण्याची भीती असते तेव्हा ती व्यक्ति अटके आधी सुटकेसाठी ती उच्च न्यायालयाकडे किंवा सत्रन्यायालयाकडे अजामीनपात्र गुन्ह्यास्तव अटकपूर्व जामीन मिळविण्यास अर्ज करते. म्हणजेच न्यायालयाला जर वाटले की, अशा व्यक्तीला अटक झाल्यास त्वरित जामिनावर सोडले जावे तेव्हा न्यायालय त्या व्यक्तीस अटकपूर्व जामीन मंजूर करते. अटकपूर्व जामीन मंजूर करण्याचा हेतु हाच असतो की सदर व्यक्तीने पोलिस तपासात सहकार्य करावे.

4. Bail before Chargesheet (आरोपपत्र दाखल करण्याअगोदरचा जामीन): Usually bail granted before police files chargsheet where offence is non cognizable and bailable in nature. Table Bail- some offences are non cognizable and bailable in nature or there is no prima facie involvement of accused in matter there is power with police to grant bail to such person.

सामान्यत: पोलिसांनी आरोपपत्र दाखल करण्यापूर्वी जामीन मंजूर केला जातो, सदर गुन्हा अदखलपात्र व जामीनयोग्य असतो. Table bail (पोलिसांना असलेले जामीनाचे अधिकार) काही गुन्हे हे अदखलपात्र व जामीनयोग्य असतात किंवा आरोपीचा अश्या गुन्हात प्राथमिकरित्या काही समावेश नसतो त्यात पोलिसांना आरोपीस जामीन देण्याचा अधिकार असतो.

5. Bail after Chargesheet (आरोपपत्र दाखल केल्या नंतरचा जामीन): Usually bail granted after police files chargsheet where offence is cognizable and non bailable in nature. Where court thinks if accused released on bail he might hamper the investigation.

सामान्यत: पोलिसांनी आरोपपत्र दाखल केल्या नंतर जामीन मंजूर केला जातो, सदर गुन्हा दखलपात्र व अजामीनयोग्य असतो. ह्या जामीनाचा उद्देश हा आरोपीने तपासात अडथळे आणू नये म्हणून करतात.

6. Bail After conviction (प्रकरणात शिक्षा झाल्यानंतरचा जामीन): The remedy of applying for bail is available to a convicted accused only if he prefers an Appeal against the judgement of conviction before the higher court/appellate court. Kindly see Section 389 of Cr. P. C. If the bail is granted then the order of sentence, shall remain suspended till the time the appeal is decided.

जामिनासाठी अर्ज करण्याचा उपाय एखाद्या दोषी आरोपीला फक्त तेव्हाच उपलब्ध असतो जेव्हा त्याने उच्च न्यायालय / अपील न्यायालयासमोर शिक्षेच्या निर्णयाविरूद्ध अपील केले असेल. कृपया सीआर पी. सी. च्या कलम 389 पहा. जामीन मंजूर झाल्यास अपिलाचा निर्णय येईपर्यंत शिक्षेचा आदेश निलंबित राहील.

7. Bail after Acquittal (प्रकरणातून निर्दोष मुक्तता झाल्यानंतरचा जामीन): The provision of section 437A of the Criminal Procedure Code (CrPC) requires that a person acquitted has to furnish a bail bond and sureties, valid for a period of six months, to be released from custody. This is to ensure he or she is available if the state prefers an appeal against the acquittal.

फौजदारी प्रक्रिया संहिता (सीआरपीसी) च्या कलम 437 ए च्या तरतुदीनुसार निर्दोष मुक्त झालेल्या व्यक्तीला जामीनपत्र आणि जामीन सहा महिन्यांच्या मुदतीच्या कालावधीसाठी देणे आवश्यक आहे, त्याला कोठडीतून मुक्त करावे. राज्याने निर्दोष सुटण्याच्या विरोधात अपील करण्यास प्राधान्य दिल्यास तो किंवा ती उपलब्ध असल्याचे सुनिश्चित करणे हा हेतु आहे.