Muslim Divorce Law -Muslim Women in India

Muslim Divorce Law &Muslim Women in India:

The sources of the Islamic faith are the Koran, or Qur'an ("the reading"),which is the holy book of Islam, and the Prophetic Traditions (the sunna). In Islam, man is the servant of God (al-abd). By surrendering (Islam) to the will of God he finds salvation and worldly peace. Man is also the most important of God's creatures, his viceregent (kalifah) on Earth.

Introduction to Islamic Jurisprudence :

The Islam was founded by Prophet Mohamed [Quraysh tribe],who lived between 571- 632 Ad ,he received message of god 'Wahi' in his fortieth year, first believed by Khadija and followed by Waraqa[blind scholar].

On his death in 632 the Prophet left no clear message as to how leadership of the Muslim community should devolve after him. After the death of Prophet ,Abu Baker ,his father –in-law was elected successor,[seat of preacher] to the great prophet.

This election lead to great schism between Sunnis and Shias, which lead to development of different schools of Islamic  jurisprudence.Shias means ‘partisan’[partisans of House of Ali] "faction of Ali", or "party of Ali",Shia Muslims further believe that Ali, Muhammad's cousin and son-in-law, was the first of the Twelve Imams and was the rightful successor to Muhammad and thus reject the legitimacy of the first three caliphs. shias assert that Ali should have been made first caliphs[perfect man:al-insan al-kamil) after death of prophet and regard the first three usurpers[illegitimate or controversial]

Whereas, Sunnis recognize four legitimate caliphal successors to Muhammad ; Abu Bakr , 'Umar , 'Uthman ibn 'Affan and 'Ali ibn Abi Talib , who are collectively referred to among Sunnis as the "Rightly Guided Caliphs" (al-khulafa' al rashidun).

The Schools of Islamic Jurisprudence :

The different schools and sub –schools of Muslim Laws may be broadly divided

Sunni :.The word "Sunni" comes from the term Sunnah, which refers to the sayings and actions of Muhammad that are recorded in hadiths (collections of narrations regarding Muhammad).Followers of Sunni Islam consider Sahih al-Bukhari and Sahih Muslim to be the authentic hadiths. The Muslim usage of this term refers to the sayings and living habits of Muhammad. In its full form, this branch of Islam is referred to as "Ahlus-Sunnah Wa Al-Jama'ah" (literally, "People of the Tradition and the Congregation"). Anyone claiming to follow the Sunnah and can show that they have no action or belief against the Prophetic Sunnah can consider him or herself to be a Sunni Muslim. However, it should be noted that Shi'a Muslims also hold that they follow the Sunnah. The majority of Indian Sunnis are followers of the Hanifi division. Sunni Islam is practiced by the majority (90 percent) of Muslims, with large communities in western Asia, the Indian subcontinent, the Caucasus, Central Asia, China, and Southeast Asia. After the breakup of the Islamic Mughal empire and the imposition of British rule in India in the nineteenth century, Sunni theologians and intellectuals in India adopted the reform ideals emerging from the Arab lands, believing that religious revivalism could help their communities confront British colonialism.

Hanafi: During 8 th century Hanifa founded this school, most famous school of sunni law ,favoured by Abbasid Caliphs ,its doctrine spread far and wide.Abu Hanifa earned the appellation ‘The Great Imam’.[Abu Yosuf &Imam Ash-shaybani were his celebrated pupils].The home of school is Iraq.This doctrine spread to Asia and Indian sub continent.

Fatawa-I-Alamgiri collected during Aurangzeb time contained the doctrine of Hanafi School and this was translated by Bailee [Bailee digest].The doctrine of Hanafi school were elaborated in the Hedaya.This book was translated from Arabic into Persian and then from Persian into English under East India Company by Hamilton.

Maliki: This School was founded by Malik-Ibn-Anas [Medina] during 8th century –popularize Izmaa as source of law and leaned towards jurisprudence based on Koran and Hadis, spread over Medina to Egypt ,central Africa ,West Africa ,spain and Eastern Arabian Coast.

Shafei :This school was founded by Mohd .Ash Shafei [767-820 Ad] - popularize Qiyas as source of law, spread over Egypt ,Hejaz,south Arabia and east Africa. There very few Shafeis in India,it has large number in Indonesia ,Malaysia and South East Asia.

Hanbali:This school was founded by Ahmad Hanbali [Baghdad] preferred and popularize Usul based on tradition,Hanbali perfected the doctrine of Usul based on Hadis.Two Hanbali scholars Taymiyya and Jawayza wrote Siyasa & Sharia. Hanbali mostly found in Syria and Palestine.

Wahabi Movement started by Mohd.Wahabi in Saudi Arabia during 18th century ,introduced a puritan attitude and all innovations based on Qiyas and Rai.

In India there is a sect known as Ghair Muqqalad who do not strictly follow any school ,who are akin to Wahabis .

In medieval period, descendants of various Mongol armies that invaded and conquered, Iran and South Asia under Genghis Khan and Babar were called Mughals. The term was also used for later immigrants from Iran. There are also a number of other tribal groupings who claim Mughal ancestry.

Shia :This school owes its origin to Imam Jafar –as Sadiq [765 AD],6th Imam of Imamias , Called "faction of Ali", or "party of Ali".

there are differences between shias and sunni jurisprudence ,shias do not accept any tradition attributed to the prophet unless it comes from household of the prophet[ahl-i-bait]


Imamia shias are divided into akbari and Usuli ;

Akbari: accept ijmaa

Usuli: Izmaa generally not accepted

The significant proportion of Shia population are in Syria, Lebanon, Kuwait, Pakistan, India, Afghanistan, Saudi Arabia, south Turkey.Shia are minority in number in India, but Indian sources like Times of India and DNA reported Indian Shiite population in mid 2005-2006 between 25% to 31% of entire Muslim population of India which accounts them in numbers between 40,000,000 to 50,000,000 of 157,000,000 Indian Muslim population

There is no certainty as to when the shia community first established itself in South Asia. As per historical evidences and the genealogy maintained by the Sayyids who migrated to India from Middle East the history of Shia Islam traces long back around 1000 years. The Nawabs of Awadh and Hyder Ali & Tipu Sultan of Mysore, who were rulers in India, were also Shia Muslims and other prominent dynasty like Bahmani Sultanate (1347–1527 AD) Sharqi Dynasty, Berar Sultanate, Qutb Shahi dynasty, Adil Shahi dynasty , Najafi Nawabs of Bengal, Nawab of Rampur, Hyderabad State Nizam rulers.

In the Shiites, there are subdivisions of chishti, suhravardi, shatari, quadiri, nakhsabandi etc

Emergence of Islamic Divorce Law :

During Pre-Islamic period, the divorce was easy and frequent occurrence,this tendency influenced Islamic Law also. The husband has been given an absolute power to divorce his wife without cause. Even divorce given fit of anger is valid. The single pronouncement is sufficient for completion of divorce with out any religious ceremony as Islamic Law. The husband has to pay maintenance up to iddat period [3 months]

The prophet Mohammad disliked the power husband to pronounce the unilateral divorce with out assigning any reasons.The Prophet Mohammed “with Allah ,the most detestable of all things permitted is divorce”.

He was of view that divorce should be given in extreme and intolerable circumstances.He favoured matter should be referred to two arbitrators.He sternly warned his followers that, they will face curse of god divorcing wife capriciously &divorce shake the throne of God.

Al-Ghazali remarked that divorce in Islam is not trouble the wife but only in case of extreme circumstances , necessity and on just or reasonable grounds, divorce is permissible.

Divorce in Muslim Law may be classified into

1.At the instance of Husband: Talak Ahsaan,Talak Hasan ,Talak –ul-biddat[T.talak]

2.Mutual consent :Kula ,Mubarat

3.At the instance of Wife : DM Act,1939,Lian[false adultery charge] ,Tafweez Impotence of husband

Divorce can also divided into Judicial and Non Judicial divorce

I. Non –Judicial divorce

II.Judicial Divorce [Divorce under Dissolution of Muslim marriage Act,1939.

I.Non –Judicial includes

1. Talaq

Three modes:

•Ahsan[Single pronouncement made during tuhr]

•Hasan[three pronouncement during successive tuhr,no intercourse taking place any of three tuhr ]

•Talaq–ul-biddat- Triple talak ,three pronouncement popular in among sunnis having introduced during Omayad Dynasty ,not recognized by Shia Law, Talak –ul biddat divorce good in law ,though bad in theology, prevalent in India ],former two modes husband has time to reconsider ,later is irrevocable. 

2.Illa-where husband abstain from intercourse with wife for four months, marriage is dissolved with same legal results as if irrevocable divorce pronounced by the husband 

3.Zihar-If husband [sane mind&adult]compares his wife to his mother or other with in prohibited relationship ,wife has right to refuse herself to him until he has perform penance, default, wife has right to apply divorce.

4.Talaq –e-tafweez-The doctrine of tafweez or delegation of power is husband himself ,repudiate his wife or delegate this power of repudiating her to third party ,or even his wife is called ‘Tafweez’

5.Kula-Means redemption literally means ‘Lay down’ laying down by a husnabd of his right and his authority ,a divorce with the consent and at the instance of wife .

6.Mubarat-Mutual consent ,it signifies a mutual discharge of from the marriage claims [no such provision exists in Hindu Law before enactment of HM act]

Dower is check mate? : If husband wants divorce his wife ,he has to pay huge dower, the dower indirectly act as check mate to indiscriminate divorce.

II.Judicial Divorce 

Before 1939, there was no law for women for seeking divorce and more over, no such provision exists in Hanafi School of Islamic thought.

The dissolution of Muslim Marriage Act,1939-was enacted to provide relief to aggrieved women [especially cruelty] and remove doubts as to effect of the renunciation of Islam by married women on her marriage. This law is applicable to all schools of Islam. 

Before commencement of this act ,a Muslim wife to obtain divorce on impotence of husband ,she has to prove she was not aware of his impotence at the time of marriage and further the court had to adjourn the suit for one year to ascertain if the husband could regain his manhood. Under the act of 1939 both provisons have been removed.

In Fazal Mohammad V Ummatur Rahim ,it was held that this act does not abrogate the general principles of Mohammadan Law. Therefore, it is very clear ,it must be shown that the husband was under a legal duty to provide such maintenance .
Grounds for Decree for Dissolution of Muslim Marriage under Section 2:

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

1.Whereabouts of Husband not known :
 

The whereabouts of the husband have not been known for a period of four years. But said divorce degree will not effective for a period of six months ,if the husband appears either in person or authorized agent with in that period.

Notice to be served on heirs of the husband, when the husband’s whereabouts are not known :

In a suit to which clause (i) of Section 2 applies--

1. The names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint.

2. Notice of the suit shall be served on such persons, and

3. Such persons shall have the right to be heard in the suit;

Provide that paternal uncle and the broker of the husband, if any, shall be cited as party even if he or they are not heirs.

2.Neglected Wife for two years :

The husband has neglected or has failed to provide for her maintenance for a period of two years. In Manak V Mt .Mul Khan “failure to maintain need not be willful, even if failure to provide for her maintenance is due to poverty, failing health, loss of work, imprisonment or any other cause ,the wife would be entitled to divorce” 

3. Imprisonment of Husband for seven or more years :

The husband has been sentenced to imprisonment for a period of seven years or upwards;

4. Failed to perform Marital Obligation for three years:

The husband has failed to perform , without reasonable cause , his marital obligations for a period of three years;

5. Impotent :

The husband has impotency at the time of the marriage and continues to be so;

6. Insane &Venereal Disease for two years or more 

The husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

7.Repudiating Marriage after attaining age of 18 years:

she,having been given in marriage by her father or other guardianbefore she attained the age of fifteen years., repudiated the marriagebefore attaining the age of eighteen years;Provide that the marriage has not been consummated;

8. Cruelty:


The husband treats her with cruelty

•Habitually assaults her or makes her life miserable by cruelty of conduct does not amount to physical ill-treatment

• Associates with women of evil repute or leads an infamous life,

• Attempts to force her to lead an immoral life

•Disposes of her property or prevents her exercising her legal rights over it,

•Obstructs her in the observance of her religious profession or practice,

•If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran

9. Any other ground under Shariate :

On any other ground which is recognised as valid for the dissolution of marriages under Muslim law;

Provide that—

a. No decree shall be passed on the ground (iii) until the sentence has become final;

b. a decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfied the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

c. before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

Effect of conversion to another faith :

The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage,Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in Section 2 :

Provided further that the provisions of this Section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.

Right to dower not to be affected :

Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.

a Muslim wife can bring a suit for divorce against her husband on the ground that her husband has charged her with adultery falsely under section 2(ix) of the act.

The position of Muslim women in Asia varies according to several regional and political factors.

References /Texts :

1.Standard texts and Islamic commentaries

2.Ahmed, Laila. (1992) Women and Gender in Islam. New Haven, CT: Yale University Press.

3.Lapidus, Ira. (1991) A History of Islamic Societies. Cambridge, U.K.: Cambridge University Press.

4.Madan, T., ed. (1976) Muslim Communities of South Asia. New Delhi: Vikas Publishing House.

5.Wikimedia web resources
6.GCV Subba Rao.Family Law in India. 

Some Common Man Questions on “Protection of Women from Domestic Violence Act, 2005”? (PWDVA)

Some Common Man Questions on  “Protection of Women from Domestic Violence Act, 2005”? (PWDVA)

When PWDV Act became operational?

The PWDV act came in to force on the 26th of October 2006[entire India except J&K]

What is the objective of the Act?

Firstly, The PWDV act emphasizes a violence-free atmosphere and creates a social responsibility on the community at large to inform the authorities about domestic violence.

Secondly, The act also makes the government responsible for its effective implementation by ensuring it is given wide publicity. It is also the duty of the government to conduct sensitization training for the stakeholders of the Act. 

Who can seek remedy under PWDA act?

Only women can avail the remedies provided under this Act and this law also recognizes the rights of couples in informal relationships/ unmarried partners[live -in relationship] apart from formal relationship.

Whether men can seek relief under the PWDA act?

 No, only women can seek relief under the act.

Whether women can be made party [like 498 A IPC case ]? 

No remedies lies against women members &no remedies lies against parents of husband , if residing some other place.

 What is definition of Domestic Violence under PWDA act?

The Act provides a broad definition of violence and includes physical, sexual, verbal, emotional, and economic abuse within the ambit of domestic violence. 

Physical abuse:beating, causing bodily harm compromising physical and mental health of women.

Sexual Violence:forced sexual intercourse.

Verbal &emotional abuse: Insults ,ridicule or threats .

Economic abuse:Deprivation of  basic necessities of life or disposing house hold assets or jewelry without  women’s consent .

Which court distresses women can approach, as specified under act?

This is a civil law,but women can approach First Class Judicial Magistrate.

What kind of relief distresses women can claim under the PWDA act?

1.   Protection orders[S 18]

2.   Resident Orders [S 19]

3.   Monetary relief orders [S 20]

4.   Custody orders[S21]

5.   Compensation  order[S 22]

6.   Interim order or Ex parte order[S 23]

How long these orders will be force?

As long as women wants.

Whether accused can be arrested under this act?

 No,this is a civil law and aimed at providing support to women facing domestic violence.

What is the advantage of this law?

It is victim oriented law not a penal law, women does not solely depend on police to initiate action.

 Whether women can file case directly in Court?

Yes, she can file a case in magistrate court directly without seeking help of advocate in simple language or through protection officer [PO] appointed under the act or listed service provider [SP].

She has to file DIR[Domestic Incident Report ] as per prescribed format available with SP/PO  attach it with her application .

*see the website of Local Women &child Welfare Department of concerned state to know details about Protection Officer or Service Provider.

What is time limit under PWDV, Act:

A case filed under the provisions of PWDV Act  is supposed to be disposed of within 60 days of filing, with a view to providing women with quick access to justice. 

Applicability? 

The law recognizes the right of a woman to be free from domestic violence in her mothers’ [Natal] home as well as her in-laws [marital] home.

Whether “Right to reside in Shared House recognized under PWDV Act

The Act grants legal recognition to a woman’s right to reside in a ‘shared household’. 

Whether there is any penal provision under Act?

There is no penal provision, however if the any order is not complied, then accused can be arrested  under section 31.

There is also provision of imprisonment up to period of one year plus  fine Rs 20,000.

The magistrate can also take the case under 498 A of Indian Penal code 1872 in addition to the above.

Whether there is any provision for counseling ?

The court can direct counseling of both parties [S14]

Where does appeal lie?

The appeal lies in the session court against orders of Magistrate court with in the thirty days from the date of receipt of the order.

What is the time limit under act?

The proceeding should be completed with the sixty days[60]

 

References:

www.lawyers collective.org

http://wji-hrln.blogspot.com/

FRAUD AND DECEPTION IN EDUCATION SECTOR IN INDIA

FRAUD AND DECEPTION  IN EDUCATION SECTOR IN INDIA:

INTRODUCTION:

The Sociologist, Edwin Sutherland, first coined the term "white-collar crime" around 1939, may not have imagined the alarming trends of white collar crimes in world ,especially India at a jet speed.

The common term associated with white-collar crime is fraud. Fraud is the intentional deception of a person, business; the motive of white-collar crime is personal gain. Individuals or groups may use and abuse their positions within a company to hide or steal money. [ Ed Bock/Corbis]

"White-collar criminals continue to pick our pockets to the tune of $300 billion every year. These 'socially acceptable' criminals rob more from companies and individuals with a pen or key stroke than a street thug can plunder with a high-powered pistol.[1]"

In Telugu,white collar criminal is aptly [proverbial terms] called  Musukhulo Pedda manishi  [criminal hiding in   gentleman‘s mask] [often quoted by famous Telugu character- actor Rao Gopal Rao ‘s dialogues ].Leaving no stone unturned to earn quick bucks, white-collar criminals strike from every angle.Whether they're doctors over-billing patients[recently in Hyderabad,some hospitals were booked]. charity workers pocketing donations, or lawyers abusing powers of attorney, their fraudulent practices cost individuals, companies, and institutions billions of dollars. Consider the following [USA]:

*Every year an average of $160 million is stolen or embezzled from schools and colleges all over the country
*Insurance fraud--property, casualty, and health--is a $95 billion-a-year scam
*Credit card fraud costs taxpayers nearly $3 billion per year
*Dishonest lawyers pocket more than $14 billion annually
*More than $21 billion is being stolen from charities each year.[2]

EDUCATION SECTOR

Education Sector in doldrums?

Whether corporatezation of educations means, education behind reach of middle class and weaker sections of the society.
The main allegations against private education sector is they are operating purely for profit motive and with no inclination to give quality education or serve middle classes or poor classes. [weaker sections]

According to Ernst & Young, the Education sector in India is poised at a crucial stage in its growth. India’s demographic advantage of having a large population of youth, coupled with low gross enrollment ratios, presents a huge opportunity to education sector players. 

According Educom ,Indian Education Sector(IES)  is by far the largest capitalized space in India with $30bn of government spend (3.7% of GDP; at global average), and a large network of ~1m schools and 18,000 higher education institutes[ literacy rate of 61% ]. 


It is fact that some of the institutes wants to exploit the situation by starting chain of institutes by charging huge fees and exploiting students.

Fraud &Deception in Education Sector:

The Government alone can’t provide education facilities to growing population, irony is that some of the private sector educational institutes are facing allegations like  poor infrastructure facilities or poor faculty, most experts believe that private institutes /universities are unable to attract good teachers, due to poor pay& service conditions ,devoid of any job security. Another common allegations faced by private education sector or some of institutes are facing legal hurdles from regulatory authorities for operating with out approvals or permits. It is observed that the most students from illegal institutions are in -eligible for government jobs or their degree are not recognized for jobs in foreign countries.
The act of giving scholarship or charity work is an eye-wash with an intention to divert people’s attention over their huge profits.

Whether starting institution without approvals and permits, constitutes Cheating &Deception? 

Recently, AICTE asked Government of A.P to book cases against 20 illegal institutions under Section 420 of Indian Penal code, 1872.The said institutes were functioning illegally with out any approval from regulatory authorities. 
It is observed that most of institutes are mushrooming due to active support of seasoned politicians, bureaucrats& police officials[IAS&IPS]. 
It is also observed that some reputed senior lawyers actively helping these institutes and their management for overcoming the court cases.

It is matter of irony, our courts are not able to do justice to students , who were cheated by illegal institutes ,who are flourishing ,due to loopholes in law and corruption in regulatory mechanism ,there are very few cases where management of institutes are punished by courts under appropriate provisions of law.

The illegal educational institutes are million -dollar business in India, it is presumed to be a lucrative business with no risk, it is also observed that people who are owners of illegal institutes have become rich over-night and en massed huge wealth by exploiting students and their parents.The members of teaching community are not rich ,but its owners are minting money , millionaires with huge money &immovable property.

Recently, fake air craft training   school scandal was unearthed ,there were allegations against pilots that they got fake licenses from fake institutes  , Many people started feeling insecure to travel by air, aircraft driven by fake license holder from fake institute. 

Crimes -Mens Rea -Companies:

The Hon’ble Supreme Court in Iridium India Telecom Ltd V Motorola Incorporated & Ors., had held that, the Companies and corporate houses can no longer claim immunity from criminal prosecution on the ground that they are incapable of possessing the necessary mens rea for the commission of criminal offenses.

Do’s Or Don't for students:

1. It is duty of students thoroughly verify the antecedents of the institution, whether possesses valid approval &permission from AICTE,UGC,Ministry of Higher Education and local permission from provincial government ‘s department of higher education. 
2. Some of the international quality certification are not valid across the world or nor it means said institutes are recognized all countries[getting international certification is not an indication of quality and moreover getting certification is nothing but some paper work and paying prescribed fees] 
3. Student should seek information under the relevant provisions of RTI act about their approval or permission from regulatory authorities viz.UGC/AICTE/DEC or PCI or MCI or BCI or Education Council of India. 
4. It is duty of students to verify their claims of placements, instead of blindly believing their colorful brochures with attractive photographs and claims of placements in leading companies.
5. It is duty of students to cross verify whether said qualification is recognized or valid for government jobs and higher education 
6. Verify Whether said degree &qualification is recognized abroad or internationally. 
7. Never opt finance given by its sister concern organization ,they charge huge interest. 
8. Never fall prey to agents or touts, who invariably linked to illegal institutes in India or abroad. 
9. Be aware of joint degree programs and verify their claims in both countries.Pl note that there is a provision of seeking permission to start joint degree programs.
10. Never go abroad for study purpose with visitor visa [TRIVALLEY CASE] 
11. Seek the embassy help with regard to verifying the institute claims and antecedents.

What Victims of illegal institute should do?

• All victims should form into association and fight jointly rather than fighting in a individual capacity, fighting in group will fetch results and our courts will also view the batch cases more seriously, when large number of victims approach for justice.

• Approach public spirited lawyer with good proven record of handling PIL cases [Public Interest Law ],rather than conventional lawyer[who may be influenced with money or favors or intimidated],attend cases regularly ,normally high courts allow parties inside the courts halls, it will have impact on the courts and generates support to victims.

• Do research about ownership of the arraigned institutes or its management members to make them parties/accused  in the criminal cases and also civil cases to recover fees and damages. Normally principals or HOD [Professors ]will be paid employees,They have minimum role in decision making.

• Include Legal Head & other active members  as one of the party in court cases ,if they are involved in administrative decision making and an active participants in all management meetings on the ground that he/she- is a party to wrong doing by disregarding  professional ethics and standards and for the violation of statutory obligations.

• Report the matter to Income tax authorities or RBI or other authorities,in case institutes grabbed huge fees, it will help you in wining your original case.Do research on their IT returns and their properties.

• Seek huge monetary compensation from courts for loss of academic year and jeopardizing the career. Never opt for compromise like return of fees paid, seek their punishment and monetary compensation. Never sign any papers with out seeking legal advice.

• Approach people representatives like MLA or MPs to raise the issue in the state legislation or Parliament, because they are law makers and they will address the the issue of loopholes in law or lacuna's in regulatory laws.

• Seek the help of committed student’s association ,civil society groups, RTI activists or social activist , women ‘s organization or committed civil rights activists.
• If victims belongs to minorities ,Women or SC&ST, they can approach State Human Rights or National Human Rights Commissions or Women Rights Commission ,S.C&S.T Commission for violation of group rights under Human Rights Jurisprudence. Seek the support of NGO working on such issues.

• Even international NGO help your cause ,when the issue is of international dimensions.{it was INGO who gave information of [DOW]  fugitive Anderson whereabouts]

• Seek the media help and keep informing the media about court cases &updates. Do extensive campaigning about illegal institutes, so that other students will not fall prey to them..

•     At any cost be united and never compromise nor give up the cases, it is advised to keep fighting till the logical conclusion of the case.

•    Use all forums like sub-ordinate judiciary ,High Courts and Supreme Court or quasi -judicial bodies like NHRC, SHRC, or Lok-Ayuktha or law enforcing authorities like ACB wing of Police to corner the corrupt officials of state Administrative machinery or Approach CBI in case central Administrative machinery   

Law helps Vigilant not indolent or Caveat emptor –Buyer beware   

 

---

[1] Masters of Deception: The Worldwide White-Collar Crime Crisis and Ways to Protect Yourself-Louis R. Mizell

[2] ibid

Guidelines for Cyber Cafe

DRAFT Rules - Guidelines for Cyber Cafe

MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

(Department of Information Technology)

G.S.R. ……. (E).― In exercise of the powers conferred by clause (zg) of subsection (2) of section 87, read with sub-section (2) of section 79 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:

1. Short title and commencement.― (1) These rules may be called the Information

Technology (Guidelines for Cyber Cafe) Rules, 2011.

(2) They shall come into force on the date of their publication in the Official

Gazette.

2. Definitions.― In these rules, unless the context otherwise requires,--

(a) “Act” means the Information Technology Act, 2000 (21 of 2000);

(b) “Appropriate Government” means Central Government or State Government

or Union Territory Administration;

(c) “Cyber Cafe” means cyber café as defined in clause (na) of sub-section (1)

of section 2 of the Act;

(d) “computer resource” means a computer resource as defined in clause (k) of

sub-section (1) of section 2 of the Act;

(e) “Data” means data as defined in clause (o) of sub-section (1) of section 2 of

the Act;

(f) “Information” means information as defined in clause (v) of sub-section (1) of

section 2 of the Act;

(g) “Intermediary” means an intermediary as defined in clause (w) of sub-section

(1) of section 2 of the Act;

(h) “Licencing Agency” means an agency designated by appropriate government

to issue licences to cyber café for their operation;

(i) “Log Register” – means a register maintained by the Cyber Café for access

to computer resource;

(j) “User” means a person who uses the computer resource and includes other

persons jointly participating in using the computer resource in a cyber café.

3. Agency for issuance of licence : Appropriate government will notify an agency

to issue license to cyber cafes.

4. Identification of User : (1) Cyber Café shall not allow any user to use its computer resource without the identity of the User being established. The intending user may establish his or her identify by producing a document which shall identify the users to the satisfaction of the Cyber Café. Such document may include any of the following :

(i) identity card issued by any School or College;

(ii) Photo Credit Card or debit card issued by a Bank or Post Office;

(iii) Passport;

(iv) Voters Identity Card;

(v) Permanent Account Number (PAN) card issued by Income-Tax Authority;

(vi) Photo Identity Card issued by the employer or any government agency;

(vi) Driving License issued by the appropriate government.

(2) When an user cannot establish his/her identify to the satisfaction of the Cyber Café as per sub-rule (1), he/she may be photographed by the Cyber Café using a web camera installed on one of the computers in the Cyber Café for establishing the identity of the user. Such web camera photographs shall be part of the log register which may be maintained in physical or electronic form.

(3) Children without photo Identity card shall be accompanied by an adult with any of the documents as prescribed in sub-rule (1).

(4) In case, the user does not agree to reveal his or her identity or refuses to be photographed as mentioned above, the Cyber Café shall not allow the User to access any computer resource of the Cyber Café.

(5) Cyber Café shall incorporate sufficient measures, to ensure that the identity of user availing or accessing the services of the Cyber Café through any means is established.

5. Log Register: (1) After the identity of the user has been established as per sub-rule (1) of rule 4 above, the Cyber Café shall record and maintain the required information of each user in the log register for a minimum period of one year. Also, Cyber Café may maintain an online version of the log register.

(2) Cyber Café shall prepare a monthly report of the log register showing date-wise details on the usage of the computer resource and submit a hard and soft copy of the same to the person or agency as directed by the licencing agency by 5th day of next month.

(3) The cyber café owner shall be responsible for storing and maintaining following backups of logs and computer resource records for at least six months for each access or login by any user :

(i) History of websites accessed using computer resource at cyber cafe

(ii) Logs of proxy server installed at cyber café

(iii) Mail server logs

(iv) Logs of network devices such as router, switches, systems etc. installed at cyber café

(v) Logs of firewall or Intrusion Prevention/Detection systems, if installed. Cyber Café may refer to “Guidelines for auditing and logging – CISG-2008-01” prepared by Indian Computer Emergency Response Team (CERT-In) for any assistance related to logs. This document is available at www.cert-in.org.in

6. Management of Physical Layout and computer resource : (1) Partitions of Cubicles built or installed if any, inside the Cyber Café, shall not exceed four and half feet in height from the floor level.

(2) The screen of all computers, installed other than in Partitions or Cubicles, shall face ‘outward’, i.e. they shall face the common open space of the Cyber Café.

(3) Any Cyber Café having cubicles or partitions shall not allow minors to use any computer resource in cubicles or partitions except when they are accompanied by their guardians or parents.

(4) All time clocks in the Cyber Café System shall be synchronized with the

Indian Standard Time.

(5) All the computers in the cyber café shall be equipped with the safety/filtering software so as to the avoid access to the websites relating to pornography, obscenity, terrorism and other objectionable materials.

(6) Cyber Café shall take sufficient precautions to ensure that their computer resource are not utilized for any illegal activity.

(7) Cyber Café shall display a board, clearly visible to the users, prohibiting them from viewing pornographic sites.

(8) Cyber Café shall incorporate sufficient preventive measures to disallow the user from tampering with the computer system settings.

7. Inspection of Cyber Café : (1) An officer, not below the rank of Police Inspector as authorised by the licensing agency, is authorized to check or inspect cyber café and the computer resource or network established therein at any time for the compliance of these rules. The cyber café owner shall provide every related document, registers and any necessary information to the inspecting officer on demand.