For a fair investigation, the officer in charge of the investigating team gets the direction for collecting further evidence, after noting the conduct of the victim and of the accused as well. Hence, the conduct of the parties is the most important factor of fair investigation, which needs to be considered by every investigating officer.
Caste-based discrimination and resultant socioeconomic disadvantage is therefore more fundamental a problem than simple economic disadvantage, and it’s the former that reservation has been constitutionally mandated to address. Economic disadvantage is usually a consequence of a vulnerability, and thus it is that vulnerability which needs to be tackled for effective poverty alleviation, which is exactly what the drafters of the Indian Constitution had understood to be the purpose of reservation.
As per the 2013 Act, the definition of sexual harassment (Section 2(n)) is hinged at “unwelcome” acts, whether directly or by implication, which may include any physical contact and advances; a demand or request for sexual favours, making sexually coloured remarks; or showing pornography, or any other verbal or non verbal conduct of sexual nature.
Before understanding fair investigation, we need to understand, what is investigation, why and when is it required. Investigation is done to dig out facts, on the piece of information received by the investigator after having collecting the facts as perceived by the witnesses via oral testimony, as well as physical and documentary evidence etc.
The right to fair trial by the procedure established by law is the right guaranteed under Article 14 of the Constitution. The arbitrary actions of the State in detaining under preventive laws, torturing of the detenu in custody and imposing impossible conditions for executing bail are few examples of violation of rights guaranteed under the Constitution.
Domestic Violence includes causing any harm or injury to the safety, life, health or well being of the aggrieved woman by committing any physical, sexual, verbal or economic abuse. Moreover, it also includes any injury or harm done to the aggrieved woman or her relative with a view to coerce her or any person, to meet unlawful dowry demand. Threats to commit violence are also covered under this definition.
Having noticed this huge lacuna in the general public’s understanding and awareness of the RTI Act, The Leaflet will be running a weekly column on it, in an attempt to make Indian citizens more aware about the myriad uses of the Act, thereby encouraging its wider application in holding various government departments accountable and transparent in their functioning as well as decision-making process.