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Suresh AV (NA)     09 August 2015

Question on pil to amend/scrap 498a/dv/125

Dear Expets,

Just wondering; When Law Student Shreya Singhal filed PIL to amend section 66A; SC scrapped entire 66A by stating this "The public's right to know is directly affected by section 66A of the Information Technology Act." Justice Nariman, who pronounced the verdict in a packed court room, also said that the provision "clearly affects" the fundamental right to freedom of speech and expression enshrined under the Constitution." 

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Similarly When SC recently gave it's verdict on transgender as 3rd gender; it has reinforced and firmly secured the right to equality and equal protection for transgender persons under Articles 14, 15 and 16 by prohibiting discrimination on the ground of gender identity. Morever Right to equality is a fundamental right

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Right to equality: Which includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.

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If this is so; then Why can't we file PIL to ammend / scrap / challenge 498A/DV/125 ? And if someone already filed it how do we know the current status ?

Suresh



Learning

 2 Replies

Syed mohd fazle haider zaidi   15 August 2015

125 crpc requires ammendment. There is no time limitation prescribed for filing of 125crpc application from the date of divorce. Due to that , divorced ladies are filing 125 crpc application after 15-20 years from the date of divorce and harassing their ex husband . I am contesting a similar case where application is filed after 16 years from the date of divorce. So time limit for filing of 125 crpc should be fixed as far as the maintenance of divorced lady is concern.

T. Kalaiselvan, Advocate (Advocate)     16 August 2015

There have been lot of representation for repealing section 498a, however the apex court rejected the application stating that it requires passage of same by parliament and the so called netas have totally forgot the issue after that.  


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