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PostPosted: Sun Sep 28, 2014 10:05 am 
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Joined: Sun Sep 12, 2010 2:49 pm
Posts: 596
Order your MP via SMS to bring proposed\demanded Central Govt Gazette Notification to fix incompleteness in POCSO to deteremine age of victim.

Dear citizen,

This status post is NOT specific to Sant Asaramp Bapu. It is for 100s and perhaps 1000s of persons who are being rightly or wrongly prosecuted under POCSO. The post does not say that "Sant Sri Asaram Bapu must be acquitted etc etc". The post is ONLY about POCSO law.

POCSO says that if victim is below 18 years, then punishment on accused , if proven guilty, will be much higher, That is aside. But POCSO doesnt give guidelines to decide age of victim. So many people are able to misuse POCSO using dubious age certificates.

POCSO section-46 allows Central Govt aka PM to issue notification to address incompleteness with the act.

POCSO act is at http://wcd.nic.in/childact/childprotection31072012.pdf

So if you citizen wish to address this problem then Irequest you to send following order to MP via SMS .

"Dear MP, I a voter of your constituency order you to order PM to print a Gazette Notification having draft to reduce incompleteness in deciding age in POCSO given at tinyurl.com/PocsoAyu and Jury System in Lower Court draft given at tinyurl.com/jurynichlicourt ".

======

DEAR MP,

If you got the url to this status via SMS, then pls consider it as order from the voter who sent you the SMS. (not from the author of this status).

Please order PM to print following Gazette Notification.

=== start of proposed GN====

1. This GN is printed under POCSO Act, section-46(1).

2. This GN addresses the incompleteness about deciding age of victim in the POCSO Act. And this GN is to be applies when there are two of more age certificates to decide the age of the victim.

3. In case of there are two or more age certificates to decide age of victim, and all valid age certificates came into effect or existence more than 3 years before the crime happened, then the age certificate which shows higher age will be taken to decide the age of victim,.Also, if the older age certificate shows higher age, then order age certificate will be taken.

4, If age certificate is illegal or issued thru forged means, then it would not be taken into account

5. This is because of general principal that accused should be given benefit of doubt, and also if there are two or more certificates both having implied consent of parents or gaurdians, then accused should be given benefit of doubt, as a general princiipal in law

6. However, if victim or victim's gaurdians or victim's parents agree for medical test to determine age such as such bone ossification test or any approved test, and if the test conclusively puts age as age below 18 years, then medical test will override all age certificates.

7. The medical tests give a limit such as from "age is between A years B months to X years Y months". In such case, the higher limit will be taken, as accused is entitled for benefit of doubt,

=== end of proposed GN====


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PostPosted: Sun Oct 05, 2014 4:51 pm 
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Joined: Sun Sep 12, 2010 2:49 pm
Posts: 596
POCSO-law-draft --- a simple love affair may become source of 3 years to 7 years in prison and/or blackmail.

Consider a girl of 17 years to below 18 years, say 17.5 years. A typical college first year age. And say a boy above 18 years to 19 years, say typical second year college student. Say they have an affair with NO force and 100% willingness on both side. Say it goes wrong, and the girl or her father or her mother decide to file criminal case. Then even if the affair was 100% willing and involved no use of force of deceit , the boy can land in prison for 3 years to 7 years !!! Practically no proof is needed --- the statement of the girl would be sufficient !!! So it can also become a source of financial blackmail.

This law-draft, POCSO was printed in Gazette in sep-2012 by a law in Parliament !! And so far, NaMo hasn`t cancelled it. AA Party MPs are also supporting this law-draft.

The solution I propose is --- the Jurors should decide the punishments and not the judges. And the Jurors may take narcotest of accused in private or public if they suspect use of force. Congress BjP AA party, Sonia Modi Kejriwal etc have opposed the Jury System to decide such cases. And they insist on judge system only.

If you want Jury Trial and not the judge trial in POCSO and ALL cases, then please send following order to MP via SMS

"Dear MP, I order you to print Jury System in Lower Court draft in Gazette given at tinyurl .com/JurySys "

In country such as USA, UK etc, the Jury only see whether force was used or not. If force was not used or not, If no force was used, then the Jurors promptly dismiss the case. Whereas judges are generally scared of doing so.

Many persons are becoming victim to this law-draft due to affair going wrong or malicious attempt to blackmail the boy his father. If you wish to reduce the possibility that next person may become victim, then decide the law-draft you think to reduce the mess. And if you like the Jury System law-draft, then please send the above SMS to your MP via SMS.


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3
PostPosted: Mon Oct 06, 2014 6:45 pm 
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Joined: Sun Sep 12, 2010 2:49 pm
Posts: 596
"The problem is corruption in judiciary , not gender bias in the law-drafts, Across world, the laws have some tilt towards females. But the Jurors apply that tilt only when applicable. In India, we don`t have Jury System. And so judges apply that tilt everywhere"


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