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Vakasha Sachdev Profile picture
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4 Mar, 5 tweets, 2 min read
Bar Council of India's statement on recent comments by CJI about marrying rapist is not only shameful brown-nosing, but also factually incorrect on age of consent in 2014.

IPC Amendment of 2013 changed age of consent in Section 375 to 18

POCSO Act 2012 defined child as <18 yrs
Criminal Law Amendment Act 2013:
google.com/url?sa=t&sourc…

POCSO as of 2012: wcd.nic.in/sites/default/…
So not only does this statement by Manan Kumar Mishra conceal facts about the case, including that the supposed consent and marriage agreement came after repeated rape and threats of acid attacks, it also betrays an embarassing lack of knowledge about the law. Resign.
As @royradhika7 points out, the BCI chairman has also somehow decided he knows consent was given by the girl in this case even though she has clearly alleged otherwise. How he decided this is unknown.

Of course, given he is wrong about age of consent, this isn't even relevant.
This statement, which was already not representative of the legal fraternity, needs to be withdrawn for its blatant inaccuracies, and shameful content.

How the Chairman of the BCI can continue in his position after such a basic error about the law is also a question to consider.

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More from @VakashaS

Vakasha Sachdev Profile picture
30 Oct 20
SCOOP | @OfficialSauravD reveals, based on RTI replies, that vital data protection safeguards that @NICMeity was supposed to ensure under the govt's own #AarogyaSetu Protocol, have not been implemented, 6 months since its release.
1/n
@TheQuint
thequint.com/news/india/exc…
These include:

1) The requirement for NIC to maintain a list of all those entities with which data has been shared (Para 6(c))
2/n
2) The requirement for all those entities with whom the data was shared to have reasonable security practices and procedures in place (Para 7(a))

3/n
Read 6 tweets
Vakasha Sachdev Profile picture
22 Aug 20
Here's why the withdrawal of that book by @BloomsburyIndia is NOT an attack on free speech.

The book wasn't an expression of opinion or a comment, or anything like that. It purported to tell the truth, ie, set out the facts about the Delhi riots.
1/n
Since that is the case, then it needs to be subjected to strict scrutiny in terms of its contents and the qualifications of its authors. This was something that should have been done by the publishers at the outset.
2/n
While one cannot speak to the contents since we haven't read the book yet, the fact that Kapil Mishra - whose activities at the time are known to all - agreed to be Guest of Honour at the launch event, gives a pretty clear idea.
3/n
Read 17 tweets
Vakasha Sachdev Profile picture
1 Apr 20
Cannot understand this.

FIR is against @thewire_in for a story about how the UP Govt initially was going to keep the Ram Navmi celebrations in Ayodhya continue.

ANI says it's for dissemination of fake news, but FIR doesn't say article was false per se.

1/n
FIR is registered under Sections 188 and 505(2) of the IPC.

Section 188 is about disobedience of an order by a public servant.

How can an article like this be a violation of Section 188 - which Section 144 CrPC order prohibits publication of a news article?!?!

2/n
Section 505(2) punishes making a report/statement "containing a rumour or alarming news" - and here comes the important part - with intent to create (or likely to) hatred or enmity "between different religious, racial, language or regional groups or castes or communities"

3/n
Read 11 tweets
Vakasha Sachdev Profile picture
3 Mar 20
The UN High Commissioner for Human Rights' intervention application in three Supreme Court re #CAA is quite remarkable.

Sets out international legal standards that SC should consider without 'taking a side' per se. But a blind man can see the law is discriminatory.
What is particularly powerful in this application is how UNHCHR Michelle Bachelet Jeria points out that India played a key role in making the right to equal protection of laws part of international HR treaties.

What a small nation we have become, from one that dreamed so big.
That @MEAIndia response is so disheartening. Shows there is zero introspection and zero willingness to even consider the myriad international legal obligations of India that the #CAA could affect. One can hope the Hon'ble Supreme Court will be more open-minded, but...
Read 4 tweets
Vakasha Sachdev Profile picture
26 Feb 20
At Delhi High Court, where bench of Justices Muralidhar & Talwant Singh are to hear the petition filed by @harsh_mander for an SIT into #DelhiRiots , compensation for victims & FIRs against BJP leaders for incitement.
@TheQuint

SC proceedings details:
You can find details about the petition in the article below. Senior advocate Colin Gonsalves had mentioned it in the morning before Justice Muralidhar's court, who agreed to hear it at 12:30.

Judges have arrived.
@TheQuint

thequint.com/news/law/delhi…
Justice Muralidhar records his appreciation for the prompt action by the @DelhiPolice last night in ensuring ambulance services were able to reach North East Delhi.

Solicitor General Tushar Mehta is here to represent the Delhi govt, instructed by the L-G.
@TheQuint
Read 52 tweets
Vakasha Sachdev Profile picture
21 Jan 20
The Supreme Court is scheduled to hear the petitions challenging the abrogation of #Article370 and reorganization of #JammuAndKashmir today.

Here's what happened at the hearings back in December:
Constitution Bench has assembled: Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant.

They're asking Dinesh Dwivedi, appearing for PUCL, how long he'll need to complete his argument asking for the matter to be referred to a larger Bench.
@TheQuint
You can follow all the updates from inside and outside the court here on @TheQuint 's live blog: thequint.com/news/india/jam…

#Article370
#JammuAndKashmir
Read 42 tweets

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