‘Compensate Rape Accused Acquitted After 20 Yrs’: BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

first_imgTop Stories’Compensate Rape Accused Acquitted After 20 Yrs’: BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases Sparsh Upadhyay14 March 2021 12:09 AMShare This – xBhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation (PIL) seeking ‘adequate compensation’ for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Mishra’s plea, which has been filed through Advocate Ashwani Kumar Dubey, has also sought directions to the Centre…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginBhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation (PIL) seeking ‘adequate compensation’ for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Mishra’s plea, which has been filed through Advocate Ashwani Kumar Dubey, has also sought directions to the Centre to frame guidelines, make a mechanism to take strict action and prosecute the fake complainants and pay adequate compensation to the victims of wrongful prosecutions. Importantly, the plea states, “The law is being misused and abused by filing fake and malicious complaints and no action is taken against the culprit in the absence of effective statutory/legal scheme for providing mandatory compensatory relief and to prosecute the fake complainants pertaining to the Special Acts viz-a-viz, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, fake sexual assault cases as well as to provide the monetary benefits to the victims of wrongful malicious prosecutions and incarceration of innocents and the same infringes the fundamental rights guaranteed under Article 14 and 21 of the constitution.” To drive home the point, the plea has referred to the case of Vishnu Tiwari, who was wrongfully imprisoned for 20 years on the allegations of rape and provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and spent 20 years of his life in Jail. Vishnu Tiwari Case The Allahabad High Court recently acquitted a Rape Accused, who suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. A Division Bench of Justices Dr. Kaushal Jayendra Thaker and Gautam Chowdhary while passing the order for the release of one Vishnu, set aside the conviction order passed by a Trial Court in 2003, under Sections 376 and 506 of IPC and Section 3(2)(v) read with Section 3(1)(xii) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It held, “We are unable to convince ourselves with the submission made by learned AGA for State that she has been a victim of atrocity as well rape and, therefore, the accused should not be leniently dealt with.” The Court further opined that the sole testimony of a prosecutrix, if reliable, is sufficient to convict the accused. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling witness and does not inspires the Court’s confidence. Mishra’s Plea The plea also demands that a mechanism should be put in place for speedy disposal of the cases pertaining to the under-trial prisoners, who are prosecuted in special acts and that, guidelines be framed for the under-trial prisoners to decide their cases in a time-bound manner. The plea also seeks framing of rules to release the poor persons who are the victim of malicious and vague prosecution who are facing the jail in the absence of not furnishing the adequate sureties/bonds. Further, stating that there has been a spurt in false cases, the Plea states that, “Wrongful prosecution and incarceration of innocent persons with no effective statutory and legal mechanism available to the innocent persons to address the same, is causing ‘miscarriage of justice’ and has created a Black-Hole in the criminal jurisprudence of our Country” The plea has also highlighted that false cases led to suicides of innocents who are victims of police and prosecutorial misconduct, who lose hope and lives of their families destroyed after years of delayed trials. “The State is responsible for the tortuous acts of its employees and must repair the damage done to citizens by its officers, by adequate monetary and non-monetary compensation”, the plea states.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Pennsylvania Commission on LGBTQ Affairs Releases Statement on Death of Dominique ‘Rem’mie’ Fells

first_img Non-discrimination,  Press Release,  Statement The Pennsylvania Commission on LGBTQ Affairs released the following statement on the death of Dominique “Rem’mie” Fells, a transgender woman:“With sorrow and anger, we note the untimely passing of Dominique ‘Rem’mie’ Fells in Philadelphia. Dominique was a beloved friend to many in Philadelphia, where she made her home. We hold her memory close as we mourn this loss and celebrate her life. Her kind smile will long be remembered by her friends.“Dominique lived without statewide discrimination protections, as our General Assembly, uniquely among its area peers, has yet to provide such protections to the LGBTQ+ community. In a month when we are under attack by the White House, it is bitter to remember that we could be protected under state law but our lawmakers have chosen to withhold these basic protections. In 1975, Pennsylvania led the nation by becoming the first state to ban public sector employment discrimination based on sexual orientation. Where has that legacy of leadership gone in the legislature?“We also stand in sympathy and solidarity with the LGBTQ+ community of Ohio, as they mourn the passing of Riah Milton, who was lost to an act of violence. Unfortunately, neither Ohio or Pennsylvania protect their transgender citizens from the ‘trans panic’ defense, allowing those who take our lives to claim that our transgender identity somehow excuses or mitigates their murderous behavior.“As we celebrate Pride Month, we remember that many of the leaders who began the righteous riot we call Stonewall were Black trans women. We also mourn the 49 people killed at the Pulse Nightclub Massacre on June 12, 2016. We must stand together as a community to insist on full rights for transgender people and for an end to discrimination against trans people and all people of color.“Remember her joy. Celebrate her life. Say her name.”In a joint statement, Commissioners Ciora Thomas, Celena Morrison and Naiymah Sanchez added:“Waking up in a world that does not want us to exist is horrifying, even more, horrifying while doing the important work to service our trans and nonbinary communities of Pennsylvania.“Dominique did not deserve to lose her life. She deserved to live, thrive, and be prosperous in this world as do every transgender and nonbinary person within the Commonwealth of Pennsylvania.“In Pennsylvania, we have already lost so many black and brown trans people due to violence and transphobia, and, make no mistake, these are hate crimes and should be categorized as such.“Trans people have been facing genocide across this country and within this state because we are born into a cistemic system that is intentionally set up for us to fail and fall by the hands of others or ourselves. While we mourn another loss in the trans community, I want to highlight the importance of continuing to be unified and not going out alone.“Our society is collectively responsible for every death in the Black trans community, and we must continue to demand to be recognized, to be protected, and to have these hate crimes against our community eradicated.”Ver esta página en español. Pennsylvania Commission on LGBTQ Affairs Releases Statement on Death of Dominique ‘Rem’mie’ Fells SHARE Email Facebook Twittercenter_img June 15, 2020last_img read more

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