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Tuesday, October 30, 2012

Legal Action against criminal activity portrayed as Moral Policing - Kerala Police Circular



No.56/Camp/SPC/2012
          
Police Headquarters, Kerala
Thiruvananthapuram
Dated : 31/08/2012
CIRCULAR No. 27/2012
Sub :  Legal Action against criminal activity portrayed as Moral Policing –
 instructions issued- reg.
In many parts of the state, self-proclaimed enforcers of personal codes of conduct
commit crimes of intimidation, extortion, assault, hurt, murder etc; violate the privacy  of
the citizenry and impinge on the personal freedom of individuals. Described in common
parlance as ‘Moral Policing’,  the general characteristics of this illegal activity is an
attempt by certain individuals and groups to enforce self proclaimed codes of morality
and conduct. Very often, it is directed against women. Such conduct is neither moral, nor
is it policing having the sanction of law. In fact, such conduct is appropriately termed as
intimidatory, compulsive, conformity enforcement (ICCE).
It must clearly be understood, that in a democratic society, based on our collective
standards of morality, law defines what appropriate behaviour is; and what constitutes an
offence. The Constitution of India guarantees certain freedoms. When a citizen
undertakes any activity, in exercise of that freedom; the determination of whether such
activity is permitted under that freedom or not, is by law and law alone. No person or
group can impose either his or the group’s self proclaimed standards of morality, and
proceed to impose it forcefully on individuals exercising their fundamental freedoms in a
lawful manner. Such illegal interference would amount to criminal offences as defined in
the Indian Penal Code and other laws.                                                                                    
It is important for Police officers, engaged in the enforcement of law, to distinguish
between enforcing a Code of Laws, and enforcing a Code of Morals. Police enforce either
laws enacted by the legislature, or laws as interpreted by the judiciary.  Wherever there
are enacted laws promulgated by due constitutional authority, the Police follow due
procedure to enforce the law against those who break it.
Contrary to the above, any instance of intimidatory, compulsive, conformity
enforcement (ICCE) has necessarily to be dealt with sternly. Police Officers must be
properly aware about the dangers and implications of criminal activities described as
‘moral policing’. They are clearly not innocent or naive acts indulged in, by individuals
who adhere to a higher standard of morality than the rest of society. On the other hand,
these activities are motivated by extreme anti-social tendencies, or narrow, communal
and fundamentalist agendas which militate against basic constitutional values.  2
Whenever information on any such criminal activity is received by a Police Officer,
a case must be registered promptly and investigated in a speedy and efficient manner.
Suo-moto cases may be registered where appropriate, without waiting for a formal
complaint. The cases registered must invoke the appropriate ingredients of criminal law,
like criminal trespass (S.324), assault/ hurt (S.323-326)/ attempt to murder (S.307)/
murder (S.302), extortion (S.383), robbery (S.390), dacoity (S.395)etc. In circumstances
where necessary ingredients are in place, use of S.153, 153-A, and 153-B must be
resorted to.  Under no circumstances, must there be any dilution in applying the
provisions of criminal law. The criminal elements must be arrested and prosecuted
effectively. Wherever justified, effective preventive legal action, including action under
Kerala Anti Social Activities (Prevention)  Act 2007 must be taken. Through stringent,
effective, deterrent legal action Police must effectively tackle this menace to the society.
While applying so, it must be remembered that in the process of law enforcement,
the general citizenry co-operates with the Police and law enforcement agencies by giving
appropriate information at the appropriate time. They are also empowered to resort to
acts in private defence of either person or property when no other recourse subsists.
Citizens can even interpose in instances of grave criminal offences as defined by enacted
laws. These are all activities permitted under law. Such lawful behaviour by citizens must
be encouraged and the same should be clearly distinguished from intimidatory,
compulsive, conformity enforcement (ICCE).
It is also important that Police officers do not themselves, fall into the trap of
‘moral policing’ and seek to enforce a nebulous ‘Code of Morals’ as against an enacted
‘Code of Laws’. When a Police officer is confronted with any doubt as to whether an act
in question should entail any action; the sole test that should be applied is to assess
whether the alleged act would constitute an offence as defined in the Indian Penal Code
or any other relevant criminal law.
State Police Chief
To
 All Officers in List ‘B’
Copy to: CAs to all officers in PHQ, Circular File.

Misuse of Sec. 498A of IPC - Advisory issued by Ministry of Home Affairs, Govt. of India - Kerala police circular



                                                                                   U1/18390/12/PHQ
 Police Headquarters, Kerala 
Thiruvananthapuram-695 010
                                                                                       Dated: 02/10/2012 
CIRCULAR No: 28/2012

Sub:  Misuse of Sec. 498A of IPC - Advisory issued by Ministry of Home 
Affairs, Govt. of India - Instructions issued - Reg. 
Read:  Lr. No. 3/5/2008 – Judl. Cell dated 16/01/2012 of the MHA,  
Govt. of India. 

The Ministry of Home Affairs, Government of India, vide the reference read 
above, have issued an Advisory on measures to be taken to curb the misuse of  
Sec. 498A of IPC.  
Sec. 498A of IPC relates to the punishment for any cruelty inflicted on married 
women by the husband and relatives. But in many instances of marital discord, 
provisions of Sec. 498A of IPC are seen misused. In the light of the above Advisory 
of Government of India, the following instructions are issued.  

(1) The powers of the arrest on complaints relating to  offence under  
Sec. 498A of IPC are to be exercised carefully and cautiously, since it is laid down 
that the power of arrest without a warrant should be exercised only after a reasonable 
satisfaction is reached, after some investigation, as to the genuineness and bonafides 
of a complaint and a reasonable belief as to both the person’s complicity as well as 
the need to effect arrest. In matrimonial disputes, it may not be necessary in all cases 
to immediately exercise the powers of arrest. Recourse may be initially taken to 
dispute settlement mechanism such as conciliation,  mediation, counselling of the 
parties etc. In view of the above, arrest of the accused in Sec. 498A of IPC cases shall 
be done only with proper care and caution. Arrest under Sec. 498A of IPC on the 
basis of a complaint should be done only with written order of the Police officer of 
the level of District Police Chief or equivalent and it should be ensured that there is 
sufficient material for arresting the accused and charge sheeting the case.  
In short, arrest should be an exception, only in very deserving cases, and not done as 
a regular/routine exercise.  
  (2) The service of professionally trained family counselors shall be utilized 
for conciliation and mediation between the spouses  and their families so that 
frivolous cases are screened at the initial stage itself and Sec. 498A of IPC is invoked 
in rare cases.  
(3) The process of counselling by the Police Department should be made 
professional by involving qualified counselors and  reputed NGO’s so that people 
have more confidence in the mechanism and arrive at some settlement without the 
use of Sec. 498A of IPC. Even after the process of counseling, if the District Police 
Chief is not satisfied with the result, provision of Sec. 498A of IPC may be invoked. 
The District Police Chief may consider empanelling professional counselors with the 
Women cell working at district level. 
(4) In case of juveniles, Sec. 498A of IPC should not be invoked.  
However, in case of any aberrations, the Police must ensure that the children are put 
under the care of Child Welfare Committee. 
All District Police Chief’s should furnish a quarterly statement to PHQ 
mentioning the number of complaints under Sec. 498A of IPC and the arrest made 
there under. 
All are instructed to ensure that the above directions are carried out in dealing 
the offence under Sec. 498A of IPC.  
                                                                                           Sd/- 
Director General of Police &  
State Police Chief, Kerala 
To 
All Officers in List 'B' 
Copy to: Circular Book/Stock File 
   

Toddy-disparity between actual production of toddy and availability.


Toddy-disparity between actual production of toddy and availability...could be a reason to adulterate toddy..state to stop toddy business in Kerala.
2012 4 KHC 176

Hindu marriage act family court-in exceptional case, one year period-leave to leave the one year period-justified


Hindu marriage act family court-in exceptional case, one year period-leave to leave the one year period-justified. 2012 4 KHC 228

SC ST act-anticipatory bail section 18 creates a bar-however a duty is cast on the court to verify the averments


SC ST act-anticipatory bail section 18 creates a bar-however a duty is cast on the court to verify the averments in the complaint to find out whether prima facie offence is made out 2012 4 KHC SC SN 12

Electricity supplied to a company engaged in commercial activity would also come in the definition of consumer.


2009 3 SCC 240.. 
Electricity supplied to a company engaged in commercial activity would also come in the definition of consumer. Supply of electricity is not a sale under section 2 1(d)i of consumer protection act 1986 Js Katju... karnataka Power Supply case

Shops and commercial establishment act Kerala- A society registered under TCLS Charitable Society act will also come under the purview


Shops and commercial establishment act Kerala- A society registered under TCLS Charitable Society act will also come under the purview of Kerala shops and commercial establishment act...inclusive definition..legislature intended wider scope for the term establishment..if such society carry on any organised activity in connection with the objects of its bye law and employ the prescribed number of employees. The only question is whether in connection with the work of the society, there is employment of prescribed number of workmen. 2006 3 KLT 67. Js Kurien Joseph.

Saturday, October 20, 2012

possession limit of liquor in Kerala - Abkari Policy 2012

POSSESSION LIMIT
Possession Limit of Liquor Reduced
As per GO(P) No.17/2012 Dated 14/02/2012, Government have reduced the Maximum Possession limit of Liquor by a person.
New Possession Limit is
Toddy- 1.5 Ltr
IMFL  - 3 Ltr
Beer  - 3.5 Ltr
Wine  -3.5 Ltr
FMFL  - 2.5 Ltr
Coco Brandy- 1 Ltr

Friday, October 19, 2012

Parish halls of churches - liable to pay building tax..no exemption

The buildings constructed by religious groups are liable to be taxed under Kerala Building tAx Act 1976, if it is used for commercial purposes. The parish hall using for marriage and other functions are not exempted from tax. The Kerala High Court ruled. The Judgment was delivered by Js Antony Dominic. It is decided in St. John The Baptist Church case, Kanjiramattom, Kottayam.

Thursday, October 11, 2012

Wednesday, October 10, 2012

Js Vinod Chandran of High Court of Kerala opined about the right of LAITY over the church properties in a case which reached before it, pursuant to the suit filed by LAITY in a Catholic church in Kollam.


Sent from Samsung Galaxy Note

Monday, October 8, 2012

Hospitals to publish the cost for treatment- new guidelines under CLINICAL ESTABLISHMENT ACT 2010.

The Central Government is to issue guidelines for making it mandatory to the Hospitals to
publish the cost chart of treatment.
Hospitals to publish the cost for treatment-
new guidelines under CLINICAL ESTABLISHMENT ACT 2010.

CLINICAL ESTABLISHMENT ACT 2010