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What does the law say you can/cannot do?

    Home Police and Courts Contempt of Court What does the law say you can/cannot do?
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    What does the law say you can/cannot do?

    By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

    While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law. 

    Innocent publication and distribution of matter

    Under the law, if a publication, like a book or article, tends to prejudice any pending court proceeding, such as publicly discussing unsubstantiated evidence, it will amount to criminal contempt1). However, the law itself gives certain exceptions where a publication will not amount to contempt on the grounds of prejudicing a pending proceeding. They are:

    • If at the time of publication, the publisher had no reason to believe that such a case was pending2.
    • If no court proceeding was pending at the time of publication3.
    • If the person is in charge of distributing something that may be seen as contempt and they did not know that it contained anything that would be prejudicial to an ongoing court proceeding4. However, this defence of ‘innocent distribution’ is not available for the press as the law gives certain criteria to be met for publishing books5, papers5, and newspapers6. A person found distributing books, papers, or newspapers that have not met these criteria, will be guilty of contempt7.

    Fair and accurate reporting of a judicial proceeding

    In India, trials and other judicial proceedings are generally held in open court, and are subject to public scrutiny. This is required for a healthy, objective, and fair administration of justice8. This system relies on numerous reporters that accurately report the daily proceedings in a court. The law protects such legal reporting, provided that it is fair and accurate9.

    The terms ‘fair and accurate’, does not mean that the report should be a word-to-word reproduction of the proceedings. Rather, it should relay what has happened in the court10, and should not misrepresent the court proceedings before the public11. Unfair reporting that misleads the readers, is not protected by the law and would amount to contempt12. For example, reporting or quoting an incorrect statement which was not made by a judge on social media.

    In situations of in-camera trials, which take place in a closed room inside court, certain forms of reporting may amount to contempt. Some examples of in-camera trials are cases of rape13), matrimonial disputes14, etc, In such in-camera proceedings, the reporting of the proceedings, even if they are fair and accurate, will amount to contempt if:

    • Such publication is contrary to or against any existing law15). For example, reporting of the proceedings in rape trials or child sexual abuse trials are prohibited by law, and a person has to obtain the permission of the court in case they want to still report such matters16).
    • The court has explicitly prohibited such reporting17). For example, in the evidence stage of a case involving national security or terrorism.
    • The court is conducting in-camera proceedings for reasons connected with public order or security of the State18).
    • The information published relates to a secret process, discovery or invention which is an issue in proceedings. For example, in patent objection matters19.

    Fair criticism of judicial actions

    If a case has been finally heard and decided by the court, a person will be allowed to publish fair comments on the merits of that particular case20. Comments about the judgment itself, and other comments about the merits of the case, are an exception to contempt of court21.

    Since judgments are public documents, and the public acts of a Judge are subject to public scrutiny , no one can prohibit fair comments on either of them22. However, the exact test for ‘fair comment’ is unclear and will depend on the facts and circumstances of each case. For example, misquoting the judge or making false statements about judges would not amount to ‘fair comment’. Additionally, such comments have to be made without any bad intentions, and without the motive to bring down the image of the judiciary or impair the administration of justice itself23.

    Complaint against presiding officers of Subordinate Courts

    If a person has made a complaint against a presiding officer of a Subordinate Court, to either the High Court or another Subordinate Court, such a complaint will not amount to contempt. However, such a complaint has to be made in good faith24. For example, if a person files a complaint against a District Judge because of a legitimate grievance.

    Truth

    Saying or publishing the truth for public good may be treated by the court as an exception to contempt25. This is similar to the defense of truth in defamation, but the court has the option to decide whether or not to accept such a remark.

    0
    1. Rachapudi Subba Rao v Advocate General, Andhra Pradesh, AIR 1981 SC 755; Read with Contempt of Courts Act, 1971, Sections 2(c) (ii) & (iii[↩]
    2. Section 3(1), Contempt of Courts Act, 1971.[↩]
    3. Section 3(2), Contempt of Courts Act, 1971.[↩]
    4. Section 3(3), Contempt of Courts Act, 1971.[↩]
    5. Section 3, Press and Registration of Books Act, 1867.[↩][↩]
    6. Section 5, Press and Registration of Books Act, 1867.[↩]
    7. Proviso to Section 3(3), Contempt of Courts Act, 1971.[↩]
    8. Naresh Shridhar Mirajkar v State of Maharashtra, AIR 1967 SC 1.[↩]
    9. Contempt of Courts Act, 1971, Section 4[↩]
    10. Borrie & Lowe, The Law of Contempt, LexisNexis Butterworths, 3rd Edn, p 270[↩]
    11. Roach v. Garvan, (1742) 2 Atk 469[↩]
    12. E.T. Sen v E. Narayanan, AIR 1969 Del 201, at 213[↩]
    13. Code of Criminal Procedure, 1973, Section 327(2[↩]
    14. Special Marriage Act, 1954, Section 33 for example.[↩]
    15. Contempt of Courts Act, 1971, Section 7(1)(a[↩]
    16. Code of Criminal Procedure, 1973, Section 327(3[↩]
    17. Contempt of Courts Act, 1971, Section 7(1)(b[↩]
    18. Contempt of Courts Act, 1971, Section 7(1)(c[↩]
    19. Section 7(1)(d), Contempt of Courts Act, 1971.[↩]
    20. Section 5, Contempt of Courts Act, 1971.[↩]
    21. Samaraditya Pal, The Law of Contempt-Contempt of Courts and Legislatures, Chapter 5, Defenses, Punishments, Procedures, Limitation and Conferment of Rule Making Power (5th edn, 2012).[↩]
    22. Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921, at 927.[↩]
    23. In re: Ajay Kumar Pandey, (1998) 7 SCC 248.[↩]
    24. Section 6, Contempt of Courts Act, 1971.[↩]
    25. Section 13(b), Contempt of Courts Act, 1971[↩]
    court, explainer, Government

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    Nyaaya - India's Laws Explained
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    Stay updated with Nyaaya, connect with us through a newsletter, whatsapp, and whatsapp हिंदी

    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

    Hey if you have any comments please add them below the explainer. If you have any questions on the law, you can use the ASK NYAAYA tab to submit them. This will help us improve our content based on your contribution. Thanks!
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