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MyNation Times June 2021

Editorial

Law should be equal to all citizens

Article of the Month

2 Corruption In Indian Judiciary

Judicial Reforms

Reform Of Indian Legal System

3
Pain and Suffering of Victims of Fake cases

Collateral Damage to Kids During Covid Pandemic

Rights Available In Indian Legal System

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www.mynation.net 4
1 Editorial
Law should be equal to all citizens
MyNation Hope Foundation
Twitter@MyNation_net

According to records available at the Supreme Court of India

website, there are currently more than 44 million cases (4.4
crores) pending in Indian courts. As of April 2021, the number
of pending cases in the Supreme Court are around 62000, more
than five and half million cases in High courts (57.53 lakhs),
about 4475000 in different high courts, and more than 38
million (3.81 crores) cases in lower courts.

One of the primary reasons for such a backlog is nexus between

police, lawyers and judges. This nexus is responsible for
promoting corruption and has other vested interests on doing
so. Specially they favor feminists who are promoting false cases
and vexatious litigations. The nexus gave the feminists free
hands as there are no penal provisions for filing a false case.
Since our laws have lots of loopholes and are biased, there is no
fear of abusing the process of law or judiciary in the vexatious
litigants. It is a fun ride for any malicious litigant without any
fear of repercussion of any sorts especially if the litigant is a
woman.

The India legal system even after 75 years of Independence still

looks like a domineering and pretentious British vestige

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1 Editorial
Law should be equal to all citizens
MyNation Hope Foundation
Twitter@MyNation_net

appearing to belong to an elite class, Politicians and influential,

away from the people and the country. As a matter of fact, the
present system of justice is totally out of time, ramshackled and
not in tune with democratic procedures and norms that please
only a certain section of the society with vested interests and
biased laws specially meant only for women. No person should
be above law, Law should be equal to all citizens, there should
be proper proposals and plans for reforming the system from
the ground up. Some of the key suggestions include
Accountability, improvements to contempt of court and
impeachment proceedings, improvement of judicial
infrastructure, enforcing integrity codes for judges, lawyers and
Police. Therefore, there is an immediate need to restructure the
entire judicial system to make it answerable to the needs of a
democratic, progressive society.

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 Article of the Month
2 Corruption In Indian Judiciary
Bharat Bushan
Twitter@BHARATB74814103

These are the statements of Supreme court judges on

corruption in Indian courts

Attorney general K.K. Venugopal on 22.08.2020, before

Supreme court panel

“Five judges of the Supreme Court who have said that

democracy has failed in the Supreme Court – which is what
Bushan said in his tweets. Secondly, I have nine judges of
the Supreme Court saying that there is corruption in the
higher judiciary. Two of them made statements while they
chaired (not clear). Seven of them said so immediately after
their retirement. I have extracts from all of them. I myself
made a speech in 1987 in the Indian Law Institute…”

1. Justice E.S. Venkatramaiah (Justice Venkatramaiah was

the 19th chief justice of India, and held office from June 19,
1989 to December 17, 1989)

He told journalist Kuldip Nayar on the eve of his

retirement: "The judiciary in India has deteriorated in its
standards because such judges are appointed as are willing
to be ‘influenced by lavish parties and whisky bottles'. In
every high court, there were at least four to five judges who
were practically out every evening, wining and dining either
at a lawyer’s house or a foreign embassy and that the

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2 Corruption In Indian Judiciary
Bharat Bushan

estimate of the number of such judges was around 90 and

that practically in all the 22 high courts in the country, close
relations of the judges were thriving.”

He reminded the sitting judges of former Union minister of

law and justice P. Shiv Shankar’s pungent statement: “Anti-
social elements, that is FERA violators, bride burners and a
whole horde of reactionaries, found their haven in the
Supreme Court.”

In his interview, former CJI Venkataramiah said that in

practically all 22 high courts in the country, close relatives
of judges were thriving. There were allegations that certain
judgments have been influenced through them even though
they have not been directly engaged as lawyers in such
cases, he said.

“It is hard to disregard the reports that every brother, son or

son-in-law of a judge, whatever his merit or lack of it as a
lawyer, can be sure of earning an income of more than Rs
10,000 a month,” he said in that interview.

2. Justice S.P. Bharucha

In a speech in 2001, Justice Bharucha, the then CJI,

lamented that 20% of the judges in India were corrupt. He
made this speech during the Law Day function on November
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2 Corruption In Indian Judiciary
Bharat Bushan

26, 2001 on the lawns of the Supreme Court. In his speech,

he refers to what he said in public before assuming office as
the CJI.

3. Justice Michael Saldahna

Justice Saldahna of the Karnataka high court has

been quoted as saying that 33% of the judiciary is corrupt.

4. Justice Markandey Katju

During his term as chairman of the Press Council of India,

Justice Katju alleged corruption in the Supreme Court. He
said three former chief justices of India had compromised in
giving an extension to an additional judge of the Madras
high court at the insistence of the then UPA government at
the Centre, under pressure from one of its allies, the DMK.

“By rejecting Mr. Shanti Bushan’s petition seeking

registration of an FIR against Justice C.K.Prasad for gross
corruption, the Indian Supreme Court has once again sought
to bury corruption by one of its own members under the
carpet, forgetting that however much one may seek to
conceal it, the bulge will show.

I accuse the Indian judiciary of repeatedly burying

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 Article of the Month
2 Corruption In Indian Judiciary
Bharat Bushan

corruption by its own members under the carpet. I accuse it

of being hypocritical by speaking against corruption by
politicians and bureaucrats, but deliberately protecting its
own corrupt brethren.”

5. Justice J. Chelameswar

In an interview to the Economic Times, Justice

Chelameswar said:

“Corruption does exist. Why was Quddusi arrested? A

former judge of a high court in this country was arrested…If
this institution is discredited, democracy is not safe. All my
effort was to preserve the institution, strengthen it by
creating a greater degree of credibility which can only come
through transparent functioning. That was my whole
effort….Judges will be politically influenced. To say that
judges are not touched by politics, I think is not an honest
statement. And mind you, I am not talking of party
politics. The question is how dispassionately can judges
handle the current political events….No direct pressure, but
there are subtle ways of putting the pressure (in answer to
the question whether there is more political pressure now).”

At a press conference held with Justices Ranjan Gogoi,

Madan B. Lokur and Kurian Joseph on January 12, 2018,

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2 Corruption In Indian Judiciary
Bharat Bushan

Chelameswar said, “Twenty years later some wise men

shouldn’t say judges sold their souls.”

6. Justice M.N. Venkatachaliah

“There are just 25 judges in the Supreme Court in a country

with a population of a billion-plus. And even there, some of
them turn out corrupt,” former CJI Venkatachaliah told
Anuradha Raman of Outlook in 2011. “The most heinous
crime is the CJI incurring criticism, or giving room for
doubts that his hands are dirty.”

7. Justice V. R. Krishna Iyer

Justice Iyer was among those who demanded former CJI

K.G. Balakrishnan’s resignation as the chairperson of the
National Human Rights Commission following allegations of
corruption. Two former judges of the Kerala high court,
Justice P.K. Shamsuddin and Justice K. Sukumaran, also
made serious allegations against Justice Balakrishnan.

Justice Krishna Iyer wrote an open letter to then Congress

general secretary Rahul Gandhi in 2011, saying:

“The judicature, a sacred instrument with great powers to

punish corruption, is itself corrupt. Not a single corrupt

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 Article of the Month
2 Corruption In Indian Judiciary
Bharat Bushan

judge has been caught or punished.”

In 2013, he wrote to the then president, Pranab Mukherjee,

seeking a probe and action against some senior Supreme
Court judges who, he said, are “suspect of moral deviance”.
He told the president that the scourge of bribery tainting
politics had not polluted the judiciary for long, but that was
“becoming a matter of the past”.

8. Justice J. S. Verma

“I cannot say that there has not been a single corrupt judge
even in the Supreme Court. You have that in public
knowledge,” Justice J.S. Verma, who was CJI from March
1997 to January 1998, told CNN-IBN. He agreed that the rot
ran deep in the judicial system.

Justice Verma also revealed that his successor, CJI M.M.

Punchhi, was sworn-in despite his reservations because the
then prime minister, I.K. Gujral, did not order an inquiry
into the allegations which he had forwarded to him,
requesting a probe. He said, “When I joined the bar 40 years
back, no one talked about corruption even in the district
judges. Now when people talk about corruption even in the
apex court, I feel like it is a slap on my face.”

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 Article of the Month
2 Corruption In Indian Judiciary
Bharat Bushan

9. Justice A.K. Ganguly

On corruption in the judiciary, while releasing a book on

corruption in 2011, Supreme Court judge Justice Ganguly
said:

“I am happy that Prof. Raj Kumar has also talked about

corruption in the judiciary. He has referred to recent cases of
impeachment. But in the next edition, he may kindly correct
that Justice Dinakaran is not from Sikkim high court, but
basically from Madras high court. Both the learned Judges
referred to, I cannot defend them. I feel sorry for them. If
the judges of the high court today are accused of this kind of
things, then what will happen to elimination of corruption?
Even then I appreciate the candour and the courage with
which Prof. Raj Kumar has attempted this book. This is a
very valiant effort.”

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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

The Indian judicial system is a many occasions infringement,

single integrated system. The violation of those rights as
Constitution of India divides well, to fix these all these
the Indian judiciary into misuse and violation
superior judiciary (the sometimes Judiciary comes up
Supreme Court and the High with some new development,
Courts) and the subordinate and ecourts is one of them.
judiciary (the lower courts
eCourts project envisions a
under the control of the High
judicial system that is more
Courts)
accessible, efficient and
India has a federal judicial equitable for every individual
system which is primarily who seeks justice, or is part of
based on mixed law i.e. based the delivery of justice, in
on parliamentary legislature, India.
court laws, customary &
eCourts, Digitalization, e-
religious laws as well. The
filing, Digitally enabled
Indian Judicial System is
hearings or virtual court is not
developed by judges through
a BAD idea, but who will train
their decisions, orders, and
not tech savvy Judges and
judgments.
litigants. eCommittee is
In the constitution of India, founded in 2004, even after 15
every citizen has been given years most of the district
several rights and since the courts are not connected on
rights are provided, but there network.

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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

Government has money for trap innocent.

other silly things but not to
Every complaint lodged in
improve legal system of India.
police stations is an
No use of digitizing when we
opportunity for the Indian
are still using copied laws of
police to earn money.
British. most of them are
Especially if the complainant
outdated and many are
is a woman or the complaint is
recently made are biased, one
on marital issues, then it is a
sided favoring only some
jackpot for the police, in which
sections of the country.
they can squeeze every penny
Police file False cases, out of the accused’s pocket.
Lawyers fight for criminals,
The police are using various
Politicians and Rich, Judges
loopholes in the standard
give biased one sided
investigation process to
judgments, and those
extract as much money from
acquitted after decades on
the accused. If that does not
false case Indian government
work then they also opt for
is not giving any compensation
illegal methods such as: arrest
nor there is any Accountability
without issuing 41A CrPC
for misusing law, punishment
notice, calling the accused to
for filing false case, no
the police station without
departmental action against
prior notice, going to the
Police, manipulating and for
accused's house in the name of
taking bribe from criminals to
investigation, adding

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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

additional criminal sections to themselves, the police usually

the complaint, or adding more file charge sheets without any
family names to the complaint. investigation or investigation.
We have also seen cases in
If a woman goes to the police
which a charge sheet was filed
station for a silly reason that
on the day of the FIR.
does not create a criminal case
against a man or her husband, Lawyers are another partner-
then the police mislead her, in-crime in this extortion
prompting her to add non- racket. They are usually
relevant and additional pronounced by the public as
heinous criminal charges to "Liar" or "Leech". The lawyers
her complaint. This addition of in India are working not to
special criminal allegations to provide justice to their client,
the complaint makes the crime but to recover money from
non-bailable. Legally and them in any way. These clever
morally, it is the duty of a people know every trick to
police officer to investigate any extort money from their client.
complaint before taking Matrimonial cases in
cognizance, so as to prevent particular are a treasure for
false and trivial matters. But them. Most lawyers are
in fact, corruption in police is always looking for cases of a
the main reason for the woman or wife. The reason is
tsunami of false cases in India. not because they have
To avoid any adverse effect on sympathy for women, rather,

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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

most of the time the centric law, no one wants to

allegations of a woman in the enact laws to protect the
complaint does not require to innocent and punish those
be proved in court because who make false accusations.
Indian judges consider every
Along with the accuser, behind
word of a woman to be gospel
every law that is misused,
truth. Even when a man
there is a wicked lawyer who
proves his innocence in court
is willing to do anything for
and proves that the
money. On the other hand, if a
allegations are false, judges
man goes to a lawyer to get
never punish women for filing
justice, then they do not show
false and frivolous cases. For
any interest in him because
judges, women are always
there are very few
"abla" and therefore do not
opportunities for them to earn
need to be punished for
money in the case. However, if
misusing the resources of the
the client is rich they will just
judiciary. Various study
take the case but once paid
reports and NCRB figures
they will not appear in court,
show that about 80% of the
appear on court date, appeal
cases where the accused were
on time, or file a petition. The
acquitted are mostly related to
worst part of a lawyer's
sexual assault, sexual offenses
misconduct is that if a client
(rape) and matrimonial cases.
wants to change the lawyer,
However, knowing the
the lawyer will not give
widespread misuse of women-

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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

the NOC. between the police, lawyers

and judges. They know each
Everyone is aware of misuse of
other well and they have an
laws and misconduct of
equal share in the extortion
lawyers, but why are law
money obtained from an
makers not making any effort
innocent person. Bail is a
to bring changes in Indian law
multi-billion-rupee industry
and order?
run by these three idols.
What about the judges? Politicians or rich people in
We know that the law is blind India can easily get bail in a
but not the judge. They can few hours even for heinous
see all kinds of abuse of the crimes but innocent common
law. But why don't they take man has to wander from post
the initiative to stop it? to pillars to get bail and
arrange surety money. Even
A judge is the head of a court
after depositing the bail
who has full power and
amount, the judges impose
authority to prevent all false
unfair conditions to harass the
cases or misuse of the
innocent person.
resources of the law, but for
the money, they can set free Also, Indian judges are gender
the notorious criminals or can biased. If a crime is committed
convict an innocent person by a woman, the judge will
without any remorse. In every order the minimum
Indian court there is a nexus punishment for her.

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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

But if the same crime is will declare it kidnapping and

committed by a man, then the will order the father to hand
same judge will order severe over the child to the mother.
punishment for him. Judges This bias does not stop here,
consider men to be born the judge will impose inhuman
criminals, and women are conditions on the father to
innocent and forcibly commit meet his child, such as
crimes. The judges believe depositing large sums. If the
that a woman always tells the father fails to meet all those
truth and if she says she is conditions then the judge will
innocent then she is innocent. impose heavy fines, confiscate
On the other hand, a man important documents like
needs to prove his innocence passports etc. to prevent the
with evidence. Even after father from visiting his child.
giving all the evidence of his
Indian law and order are like
innocence, the judge does not
a market where justice sells.
take into account all the
Politicians, powerful, or
evidence and convicts the
wealthy buy judges and get
person or orders him to pay.
decisions in their favor. This is
Similarly, in cases of child a market where the police
custody, if the woman took the bring in new clients, and the
child from the father, then it is lawyers act as middlemen and
okay for the judge, but if a negotiate with the judge and
father took the child from the settle the money for the deal.
mother, then the same judge This is the market where
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3 Judicial Reforms
Reform Of Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

criminals can be freed if they to fix it. Politicians in India

can pay and those who have have only one objective and
falsely filed a lawsuit make that is to save their vote bank
money. Particularly in and earn more and more
matrimonial cases where the money. The government
complainant is always a always wants to keep people
woman, courtesy of gender under control and fear. The
biased laws, the woman government uses the police to
legally extort money in the arrest or confront the voices
form of alimony by raised against them. Lawyers
blackmailing the innocent. tend to drag cases and earn
Everyone involved in the so- money by harassing the client.
called Indian justice system The judges make fun of the
has its share in extortion plaintiffs and allow the rich
money. Until we make influential criminal to be
everyone accountable for their freed. Nothing will change
actions, any change in the until this state-sponsored legal
system, either by amending terror is closed, and the police,
the laws or by establishing an lawyers and judges are made
e-court, would be useless. accountable to for their ill
Every law-maker, politician deeds..
and judicial officer is well
aware of corruption, delay in
court cases, biased laws and
its misuse but no one is ready

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3 Judicial Reforms
Pain and Suffering of Victims of Fakecases
Gagan Taneja
Twitter@GMynation

Almost each and every person feels deep pain in their heart.
in his life struggling for his They have more to suffer than
survival either in one way or a common man. These person
other way. Some people facing are facing bunches of fake
financial issues, some are cases causing drainage of
facing family issues and some valuable time, energy and
of them are facing physical money. These people spend a
issues and suffering from huge part of precious life on
various diseases. But think these vague false cases for
about the persons who have a long years. They have to put
lot more to suffer or you can their all resources to pay
say besides all of above, these advocates and to corrupt police
person are suffering from legal and system to defend
terrorism, atrocities of our themselves and their families
cruel laws toward one gender in fake cases. Their mind all
and more cruel the time burdened from
implementation thinking one depression of loneliness from
gender to be an animal. Even society, loniless from their
animals have some rights but family. They lost all respect,
not to men. money, time and energy in
fake cases. They have lost all
These are victim of fake cases
their dreams and aims. They
trapped in gender biased one
have only one target to come
sided laws. People suffering
out of this nightmare of fake
from one sided laws always
case, courts and corrupt police.

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3 Judicial Reforms
Pain and Suffering of Victims of Fakecases
Gagan Taneja
Twitter@GMynation

Unfortunately I am also one of get the justice.

them who is facing fake cases
in hand of our biased laws as
well as more biased system. I
have ill mother to treat,
financial crisis to fight, bright
carrier to struggle. But all of
above are these fake cases to
overcome and win. But
Judiciary is more a hurdle
rather than protector of our
fundamental rights. Seems I
will have to spend all my life
to prove my innocent and this
is when my wife don't have a
even single piece of evidence
against me or my family to
implicate in fake cases.

There are lacs of men and

their families who are living
their life in this pain, but we
are forced to struggle for our
existence, to protect our
Innocent aged parents and to

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3 Judicial Reforms
Pain and Suffering of Victims of Fakecases
Gagan Taneja
Twitter@GMynation

One of Victim of fake case writes:- (Matter is under subjudice

so can't disclose name here)

1. From my personal experience living outside of Bharat, I

can say with first hand comparisons, Bharat is a Greatest
Country but deaf, dumb, blind, impotent authorities
making it horrible for their personal gain.

2. Let’s be united, let’s fight together!

3. As Benjamin Franaklin said- "Justice will not be served

until those who are unaffected are as outraged as those
who are.“

4. Innocents should not suffer & whole corrupt biased system

needs a revamp. Freaking authorities has no intention in
sight to make a positive changes. It’s completely - top to
bottom- failed system. They found new tool of gender
division to achieve their malafide intentions. It’s big time
conspiracy to destabilize whole marriage system by just
bringing biased laws just for WIFE. No laws are for
women, they are only for wife. Corrupt, sold Authorities at
all levels- investigators , judiciary & politicians- just
blindly following the template designed on foreign soil to
destabilize social system.

5. I am sure, if we ask any fighter here to share their

experience, they will share the same ,the worst experience

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3 Judicial Reforms
Pain and Suffering of Victims of Fakecases
Gagan Taneja
Twitter@GMynation

what you have been through . No exception, I am in the

same boat with almost similar end results.

6. Fight is against entire rotten system.

7. I pray for betterment of everyone here. God Bless

everyone!

Similarly another victim (Mother of Men) of fake case

describes his pain in another words:-

1. I have witnessed the worst when my only son had gone into
acute depression immediately after the fake 498a was
lodged. My entire family, including cousin, his wife, my
brother in Mumbai, his wife all were involved in a
marriage that lasted for 20 days only. I alone faced police
atrocities and didn't allow anyone to get involved. Left my
job when my brothers' wives asked me to sell my house and
pay them.

2. Initially My brothers helped me. But when their names

were roped in 498a(through 164 after 5 months of FIR),
DV, their Bails were tried to get cancelled, they are not
behaving properly.

3. I shall fight till my last breath. My husband suffered stroke

when he fell down in 2014.

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3 Judicial Reforms
Pain and Suffering of Victims of Fake cases
Gagan Taneja
Twitter@GMynation

There are many more to write but shortage of time (busy in

fighting fake cases) does not allow me to write more. GOOD
LUCK! MAY GOD SAVE YOU FROM THESE ATROCITIES
AND ONE SIDED LAWS.

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3 Judicial Reforms
Collateral Damage to Kids During Covid Pandemic
MyNation Hope Foundation

“A group wanted to do a crowdfunding for a child who lost his

father who had been badly targeted by mother. They gave up
the idea immediately as they found out that mother's attitude
was indifferent towards and very agonizing towards a caring
father who had been a targeted parent all the while and even
before his death.”

People who had cherished the targeted parent as companions

and confidantes while his struggle with Parental Alienation
due to narcissistic approach of the other parent aren’t able to
support the minor child, the collateral damage which he is
unaware of being subjected by his mother.

“The pain of the departed soul of not being in contact with his
son was felt so much by all members of that group but they
knew the parent who didn't fulfill duties when other parent
was alive would hardly do after death. Moreover, her past of
using child as pawn to settle scores became reason to not
further fulfill her narcissistic behavior and goals.”

There are thousands of kids having similar fate because they

can’t fight for themselves are held captive by their mothers.

Anonymity and confidentiality kept in mind while sharing the

story of an aggrieved child unaware of his losses.

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3 Judicial Reforms
Collateral Damage to Kids During Covid Pandemic
MyNation Hope Foundation

The biggest pandemic and one of toughest days in India are yet
to get over, Corona virus didn't differentiate people based on
their status, assets, social divisions. The aftereffects would be
everlasting in people’s lives as people lost their loved ones and
are left out with memories of the departed soul along with
wishes in form of condolence messages, financial assistance
etc. It's good to see the human spirit and how people are
helping families to cope up with losses by volunteering to adopt
children, crowdfunding campaign for children who are left out
after their parents passed away. NGOs, and other agencies are
equally doing their bit.

While all this happens like last year, Non-custodial Parents

are struggling to remain connected to their kids due to closure
of courts which fail to work optimally in India even in normal
days. There is no central agency like in European union or a
lawful body which listens to the concerns of such parents
whose children as been subjected to inter-parental removal.
Ministry of child and development remains quiet on this
subject as usual with lack of sensitivity to plight of children
caught up in matrimonial dispute of warring parents.

This section of society of “alienated kids” was already at big

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3 Judicial Reforms
Collateral Damage to Kids During Covid Pandemic
MyNation Hope Foundation

loss due to the continued negligence on part of alienating

parent, relatives, society, and government bodies in India. The
losses are now multiplied in the aftermath of corona given
most of such alienated children are unaware of what situation
they are into and realization of damages now and later.

Alienated or “fatherless children by design” who have lost their

targeted parents are even unaware of the loss. Lot of benefits
of their father may not pass on to them as the alienating
mother and her relatives never allowed child to interact with
his father. Same is the situation with child’s relation to
paternal side relatives. Even though Parental Alienation isn’t
a gender issue but, in some geographies like India, laws meant
for protection of women and weaker sections of societies are
misused by highly educated, independent women to hand twist
their husbands to succumb and agree to their unreasonable
demands.

Government is neither taking step to separate the “Ministry of

Child” from ministry of women & children nor bringing in
recommendations by Law Commission report on Shared
Parenting. Are we already into the reality called
“fatherlessness of Indian society”?

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3 Judicial Reforms
Rights Available In Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

These are the list of rights defined in Indian judiciary.

1. Protection against arbitrary or unlawful arrest (Article 22 of

the Constitution and Section 41, 55, and 151 of Cr.P.C.)

2. Protection against arbitrary or unlawful searches (Sees. 93,

94, 97, 100(4) to (8), and 165 of Cr.P.C.)

3. Protection against “Double Jeopardy” (Article 20(2) of the

Constitution and Section 300 of Cr.P.C.)

4. Protection against conviction or enhanced punishment

under ex-past facto law (Article 20(1) of the Constitution)

5. Protection against arbitrary or illegal detention in custody

(Article 22 of the Constitution and Sees. 56, 57, and 76 of
Cr.P.C.)

6. Right to be informed of the grounds, immediately after the

arrest (Article 71(1) of the Constitution and Section 50 of
Cr.P.C. as also Sees. 55 and 75 of Cr.P.C.)

7. Right of the arrested person not to be subjected to

unnecessary restraint (Section 49 of Cr.P.C.)

8. Right to consult a lawyer of his own choice (Article 22(1) of

the Constitution and Section 303 of Cr.P.C.)

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3 Judicial Reforms
Rights Available In Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

9. Right to be produced before a Magistrate within 24 hours of

his arrest (Article 22(1) of the Constitution and Sees. 57 and 76
of Cr.P.C.)

10. Right to be released on bail, if arrested (Sees. 436, 437 and

439 of Cr.P.C., also Sees. 50, 20, and 167 of Cr.P.C.)

11. Right not to be a witness against himself (Article 20(3) of

the Constitution)

12. Right to get copies of the documents and statements of

witnesses on which the prosecution relies (Sees. 173(7), 207,
208, and 238 of Cr.P.C.)

13. Right to have the benefit of the presumption of innocence

till guilt is proved beyond reasonable doubt (Sees. 101-104 of
Evidence Act)

14. Right to insist that evidence be recorded in his presence

except in some special circumstances (Section 273 of Cr.P.C.,
also Section 317 Cr.P.C.)

15. Right to have due notice of the charges (Sees. 218, 228(2),
240(2), etc. of Cr.P.C.)

16. Right to test the evidence by cross-examination (Section

138 of Evidence Act)

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3 Judicial Reforms
Rights Available In Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

17. Right to have an opportunity for explaining the

circumstances appearing in evidence against him at the trial
(Section 313 of Cr.P.C.)

18. Right to have himself medically examined for evidence to

disprove the commission of offence by him or for establishing
commission of offence against his body by any other person
(Section 54 of Cr.P.C.)

19. Right to produce defense witnesses (Section 243 of Cr.P.C.)

20. Right to be tried by an independent and impartial Judge

(The Scheme of Separate of Judiciary as envisaged in Cr.P.C.,
also Sees. 479, 327, 191, etc. of Cr.P.C.)

21. Right to submit written arguments at conclusion of the

trial in addition to oral submission (Section 314 of Cr.P.C.)

22. Right to be heard about the sentence upon conviction (Sees.

235(2) and 248(2) of Cr.P.C.)

23. Right to fair and speedy investigation and trial (Section

309 of Cr.P.C.)

24. Right to appeal in case of conviction (Sees. 351, 374, 379,

and 380 of Cr.P.C. and Arts. 132(1), 134(1), and 136(1) of the
Constitution)

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3 Judicial Reforms
Rights Available In Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

25. Right not to be imprisoned upon conviction in certain

circumstances (Section 360 of Cr.P.C., and Section 6 of the
Probation of Offenders Act)

26. Right to restrain police from intrusion on his privacy

(Article 31 of the Constitution)

27. Right to release of a convicted person on bail pending

appeal (Section 380 of Cr.P.C.)

28. Right to get a copy of the judgment when sentenced to

imprisonment (Sec.363 of Cr.P.C.)

Same Explained in simple words

1. Right of presumption of innocence in favor of the accused till

proven guilty;

2. Right of the accused to know specific grounds of his arrest;

3. Right of person arrested to be brought before the Magistrate

without delay and in no case the said delay could exceed 24
hours;

4. Right of an accused for open trial;

5. Right of an accused to be defended by a counsel of his choice;

6. Right of cross- examination;

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3 Judicial Reforms
Rights Available In Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

7. Right of an accused of having a fair and impartial

investigation;

8. Right of an accused to speedy investigation;

9. Right of an accused to the examination of witnesses in his

presence;

10. Right of an accused to keep silence;

11. Right of an accused to get the copy of the statements of the

prosecution witnesses and the production of defense;
entitlement of all the documents and statements;

12. Right of getting bail during pre-trial or pending trial and

post conviction pending appeal in certain cases;

13. Right of an accused against double jeopardy;

14. Right of an accused to get an opportunity to submit his

case before framing of charges against him;

15. Right of an accused not to suffer imprisonment for a period

longer than the maximum;

16. Right of an accused not to be tried beyond the period of

limitation;

17. Right of an accused to be heard on question of sentence in

warrant cases;

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3 Judicial Reforms
Rights Available In Indian Legal System
Rudolph D’souza
Twitter@SriRudyBABA

18. Right of an accused to live with human dignity as per

provisions of Article 21 of the Constitution of India;

19. Right of speedy trial;

20. Right of an accused to receive legal aid; and

21. Right of an accused to claim identification.

We will demonstrate how above said legal options are abused,

taken for granted and used against innocent by vested interest
with the help of Police/Lawyer and Judges.

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