Tuesday, June 14, 2016

Travelling in Trains and Problem by Eunuchs : By K.Ravi Kumar Achary, Adv.


Now a days one has to suffer more from Eunuchs in trains than for getting berth or finding seat to travel in trains. It was a time when begging by Eunuchs in trains was confined to some particular location of our country. But now a days its been a headache to travel in trains where Eunuchs extort money instead of begging in major parts of our country. This article contains about of my personal view and experience , some articles collected from web and news papers. There are many instances in our country one can face lots of trouble from these Eunuchs in trains. As I am an Advocate, for some cases I have to travel Cuttack and Bhubaneswar for High Court and Tribunals. And I personally saw people suffering a lot in trains due to forcible demand by the Eunuchs for money. As I have discussed with co-passengers, they said that it is difficult for a man to travel from Morning till Evening in Trains as Eunuchs enter into trains by 5:30 in the morning and continue harassing passengers till 8:00 in the evening.

They come in a group and demand minimum Rs.10/ from each male passenger. They don't ever spare young college going boys and harass them by filthy language and criticizing them in front of all. Now a days they became even more worse than before. They come in a group and demand money and if one is not interested to give then they start pinching him with filthy language if still they didn't get money they start activities like pulling the private parts of the man or boy forcefully, pushing the man/boy under their wearing apparels like petticoat and saree and make them breathless. Some Eunuchs even start pulling valuables from the male passengers whatever they find in their hand. Recently one of my colleagues has noticed one couple of middle age were travelling from Bhubaneswar to Visakhapatnam. The Eunuchs grouped around five went to them and demanded money from the man.

When he refused to give they started pulling him and abusing him. Soon the wife of that man protested saying why you are insisting him when he refused to give and please leave him. Then the Eunuchs started abusing the lady and said the man is their husband they will sleep with him in front of her. They started even more abusive language which a civilized person cannot even speak to a lady. The co-passengers in that coach never dared to argue with the Eunuchs and no one supported the poor lady. When my colleague stand supporting the lady, the Eunuchs gathered and put the charge of illegal affair between the lady and supporting man. The whole passengers were looking the entire thing like an entertainment. These kinds of incidents became regular in trains. The GRP and TTEs have hardly done anything against the Eunuchs. Passengers are facing lots of trouble due to hike in ticket fare and secondly they have to face many groups of Eunuchs in train who demand Rs.10/- from each man/boy whereas many groups of Eunuchs enter into the same coach any every next station and they say that group is different and you give money to us now. Now it is the time for the Govt to make stringent Law to punish such kind of Eunuchs who create trouble to passengers and who demand money for nothing.

Besides Govt action public unity against such kind of extortion by Eunuchs is highly needed in our society. If everyone thinks like what is the need to argue if I'll pay then such kind of extortion will raise for ever and common man has to suffer without getting g support. Below I have cited several articles from different news papers and web publications related to such incidents throughout the country.

1) EUNUCH ABUSES FAMILY ON TRAIN, SPITS ON THEM, HELD By Virat Singh, Mumbai Mirror | Jun 9, 2015, 12.19 AM IST

A 24-year-old Jogeshwari resident, who nabbed got a eunuch booked by cops on Monday for abusing her family on a train and spitting on her younger sister, has written to the Western Railway general manager urging that serious note be taken of the growing nuisance posed by eunuchs on trains. Deepali Ghosalkar (24), an assistant professor in Chiplun, was in Mumbai with her family on holiday when the incident occurred on Saturday. "Along with my mother and younger sister Ashwini I boarded a second class ladies compartment of a Churchgate-bound slow local from Jogeshwari. A eunuch got in at Bandra or Mahim and started collecting money from passengers. We ignored the eunuch's demand for money," said Ghosalkar. The eunuch, however, was insistent and began getting irritated when the Ghosalkars refused to comply. "She asked a women sitting opposite us to move aside and occupied her place, saying she will not leave till we paid her. When I refused to do so, she started hurling obscenities at me and my family," she said. The eunuch did not stop at that. When the train halted at Matunga, she got off and came to the window and continued to abuse them. "She was still abusing us when the train started moving, and spat on my sister," Ghosalkar said. Shocked and angered, the Ghosalkars initially planned to return to the station and lodging a police complaint, but dropped it suspecting the cops wouldn't do anything.

"I started speaking to friends and relatives about the incident. I soon realised that many of them had suffered. I thought I should take a stand as not only was I angry about what my family had to face, I also felt this nuisance should be stopped. On Monday, I reached Matunga railway station and gave the Station Master a written complaint. He called in GRP staff who asked me to call a helpline number if I should spot her. They also said they would be on the lookout," she added. While she was lodging the complaint, a vendor came up and said she had witnessed the incident on Saturday, and had seen the same eunuch slapping a woman for not paying up and jumping off the train two days ago.

"I was standing on the platform wondering what would come of my complaint, when I saw her getting off a train. I immediately dialled the helpline number while my brother alerted the GRP standing nearby. We managed to nab her and she was taken to the Mumbai Central GRP. Though the police did not accept a written complaint from me, they assured action against the eunuch, who was identified as Kajal," she said. Dipesh Tank, an advertising executive who started War Against Railway Rowdies (WARR), said, "Many eunuchs simply leave when ignored, but some are a major nuisance and have become a big problem for commuters. They harass and even abuse passengers, forcing them to pay money. The railways should take consistent action against such elements. Our society needs to learn to accept them so that they can get jobs and are not forced to beg." 2) Eunuchs grab Rs 5,000 from man, push him out of moving train in Pune Asseem Shaikh | TNN | Aug 27, 2015, 04.50 AM IST PUNE: Harassment from eunuchs, especially on trains, touched scary heights on Tuesday.

An argument with an aggressive group over giving them money landed a 24-year-old man in Sassoon General Hospital's intensive care unit with multiple head injuries. He is unconscious and in a serious condition. . . Three eunuchs robbed Dilip Gavai, a labourer from Buldhana, of Rs 5,000 and then pushed him out of Azad Hind Express's general compartment while the train was moving, at Loni Kalbhor near Pune on Tuesday around 6am. Gavai was carrying the money to pay for his stay in Pune. The Pune railway police have arrested three eunuchs Sweety Dodke (21), Sonali Dodke (25) and Priya Dodke (20) from Laxminagar in Yerawada on charges of dacoity based on a complaint filed by a co-passenger. Gavai and his friends Javed Shaikh and Mubeen Shaikh had boarded the train from Shegaon railway station for Pune on Monday at 7.45pm. "We were in the middle of the compartment while the train was nearing Pune. We saw eight to 10 eunuchs demanding and forcing passengers to give them money.

Some tribal people, also travelling in the same compartment, refused to pay them. They were beaten up. We then moved ahead and stood near the door. One of them broke a tube light with a sandal, picked up a glass portion and hit me on my head and forced me to pay Rs 20 each to two of them," said Javed. A few more eunuchs joined them and they asked Gavai to pay. "He removed the Rs 5,000 in a bundle from his pocket and was about to give them Rs 100, when a eunuch snatched the money from his hand and pushed him out of the moving train. They pulled the emergency chain and fled after the train stopped a little ahead of Loni Kalbhor station." Mubeen jumped from the train and rushed to Gavai. With help from some passengers, he picked him up and took him to the railway station's platform, Javed said. "Some policemen from the railway protection force took me into custody when they saw me jumping out of the train. They accused me of pulling the chain, checked my ticket and sought reasons for leaving the train midway. When I explained what had happened, they arranged an ambulance to take Gavai to Sassoon hospital," Javed added. Mubeen said the eunuchs checked Gavai's pocket before pushing him out of the moving train.

"Some fled to other compartments and others jumped off the train after it stopped. The passengers were so terrified that none of them came to our rescue in the train. We could take Gavai to hospital because the policemen helped," he added. When they went to the railway police station to register a complaint, a policemen showed them three photographs. "They were arrested after we identified the eunuchs," Mubeen added. The victim's mother Padma Gavai, who rushed to the hospital from Buldhana, said, "My son is the sole earning member. He has a wife, son and daughter. He visits Pune often when he is called for work at construction sites. We don't have any other source of income. We have appealed to police to act against eunuchs harassing passengers." Sassoon hospital's medical superintendent D G Kulkarni said Gavai was admitted to the trauma intensive care unit on Tuesday at 8am. "He has internal brain hemorrhage and wounds on the right side of his head. He is unconscious though his pulse and blood pressure are normal. He has been put on ventilator support and is under observation," he added. Superintendent of police Vishwa Pansare (railways) said the eunuchs had boarded the train from Daund railway station. "They were collecting money from passengers. There was an argument and they pushed Gavai out of the moving train. We have taken strong action against those arrested under section 395 (dacoity) of Indian Penal Code and launched a massive hunt for the others."

"Bandobast has been improved. Four armed policemen have been posted at Thakurwadi after six passengers of the Pune-Gwalior Express were robbed near Khandala. Miscreants damaged the hose pipe of a signal and attempted to rob passengers of the Mumbai-Kolhapur Sahyadari Express in Phursungi. We will deploy more policemen at vulnerable points to prevent train dacoities," Pansare added. TOP COMMENT Forget dacoities which are a one off, but these eunuchs on trains are a very common sight. Cops get HAFTA from them are very confident travelling on trains demanding money from Passengers. They have fixed trains for certain eununchs. I travel frequently on certain trains and some of them are always seen on a particular route. They touch passengers, use foul language and try to extort money. Railway authorities seem to be turning a blind eye as they are either incompetent to take action or they get money from the eununchs. 3) Harassed, beaten up by eunuchs, say Goa Express passenger Express News Service , Express News Service : Pune, Tue Jul 30 2013, 03:20 hrs A group of eunuchs allegedly entered the general compartments of Vasco-Hazrat Nizamuddin Goa Express, beat up passengers and extorted money from them on Monday morning, it is learnt. Commuters complained that while they had been regularly harassed by eunuchs on the train, the Railway Protection Force (RPF) and the Government Railway Police (GRP) never took the matter seriously. On Monday too, the police did not lodge a formal complaint, they alleged. According to the passengers, the train departed from Pune station at 4.15 am and all was well till it reached Shrirampur at 9 am. "There were some eunuchs already on the train but they were just asking for money without troubling passengers much. However, when the train reached Shrirampur, a group of seven eunuchs boarded the general compartments and started beating up travellers who refused to give them money. They hurled abuses at the passengers and extorted Rs 50-100 from each of them. Those who resisted were slapped, punched and humiliated," Ramesh K R, a passenger, told Newsline Ramesh said the eunuchs didn't even spare women. "If the men accompanying them hesitated to pay, they threatened and abused the women passengers. The ordeal continued for about 45 minutes after which the eunuchs deboarded the train at Kopergaon."

The passengers said they approached the police at the Kopergaon station, but they failed to address the issue. While the railway administration and the RPF claim to have conducted several drives to check the menace, the problem continues to persist. The problem, passengers said, was most serious on Pune-Mumbai trains. Siddharth Sharma, a bank employee who travels frequently between the two cities, said, "I am a witness to innumerable instances when passengers were beaten up by eunuchs or men posing as eunuchs who try to earn easy money. RPF or GRP men also do not take serious cognisance of the matter when approached. The situation is so bad that passengers consider paying the eunuchs instead of going to the police. 4) Railway authority assures action against "harassing" eunuchs Monday, 08 February 2016 - 7:05pm IST | Kunal Chonkar | Edited by: Prutha Bhosle A bunch of railway commuters are venting ire against the transgender community for allegedly "harassing" them in the suburban Mumbai locals between Dadar and Marine Lines stations. "When someone refuses to give them money, they abuse, pass sexual illicit taunts, pull up their saris and even hit the head of passengers," commuter Raman Jain from Elphinstone Road said. On January 16, Jain himself became a victim of one such attack, wherein a eunuch slapped the businessman for refusing to give him Rs 100.

"It was Poornima (full-moon night), when the attack happened. I and three other friends were chatting while on our way back from work, when the hijra entered the compartment at Charni Road Station. He started demanding Rs 100 from us. When we refused, first he started rubbing his chest against our back and when we shouted at him to go away, he slapped me and fled from the train at the next station," Jain recounted his experience on phone with iamin. Jain registered a complaint with the police unit at Grant Road station, with investigations yet going on to trace the eunuch. According to latest figures - over two dozen complaints have been filed since January, proving that the 'effective' patrolling and checks carried out by the Railway Police Force (RPF) have proved to be ineffective on all grounds. While, Jain is one of the many men who have been recently attacked by the transgender, even women commuters have experienced similar incidents in the train. For 45-year-old Rajshri Patil (name changed on request), nurse at the Cancer Patients Aid Association in south Mumbai, January 29 was a day of sheer shock. She was encountered by a hijra inside ladies compartment of a Churchgate-bound local at the Lower Parel Station.

"When I refused to pay and the eunuch just started pulling my bag. When fellow passengers raised their voices, the hijra pulled my saree, in attempts to undrape it, and ran away. I was shocked and am still frightened till date from that incident," Patil said. In June of 2015, a young woman was abused and spat at by a eunuch inside a train at Matunga Station. Deepali Ghosalkar (24) refused to pay to the hijra, who continued to abuse the teacher and finally spat at her, before alighting from the train at the station. Meanwhile, the police officers assigned to protect passengers are just helpless over the issue. "The problem of hijras is not new. It was and continues to be an eyesore for us. We patrol our stations regularly, but they create a mess even after you have detained them," a senior RPF officer said. He explained that, by law, the hijras can be booked under Sec 145(B) - for creating nuisance, "However, upon producing them in the court, they are treated as handicapped and let off only with a warning." "What more can we do? We try to steer them away from stations, but they jump from compartment to compartment and switch trains in a tick," the officer said.

Meanwhile, defending the stance of railways against eunuchs and their menace, Chief Public Relations Officer, AK Singh said, "It is not that, we do not act or take action. Work is been done and vigil is been maintained, but commuters must not give them money at any cost." 5) Extortion by eunuchs in trains under NHRC scanner By: Legal Correspondent | Last Updated: Sunday, 20 December 2015 10:11 AM-ABP LIVE New Delhi: The National Human Rights Commission has asked the railways to explain why they shouldn't pay a Rs 1 lakh compensation to the family of a passenger who was stabbed to death on a train after refusing an extortion demand from alleged eunuchs. The commission has also asked the railway authorities to explain what they have done to curb the threat of eunuchs harassing train passengers in various parts of the country. Activist lawyer Radhakanta Tripathy had complained to the rights body in November last year about the murder of Mahervan Devipujak, a young man from Madhya Pradesh, on the Jabalpur-Somnath Express a few days earlier. He said that two alleged eunuchs, Mahi Kunwar and Shalini, had demanded Rs 100 from Devipujak while the train was passing through Nadiad in Gujarat, and stabbed him when he refused. J.N. Bodat, a sub-inspector attached to the nearby Anand railway police station, too had reported the incident, the complaint added. According to Tripathy, extortion by eunuchs has become a problem at various railway stations and must be curbed.

He has cited the example of the stretch between Jajpur and Bhadrak railway stations in Odisha, where he says extortion by eunuchs is rampant. Tripathy has alleged that extortion of passengers inside trains, in the garb of begging for alms, is a serious violation of human rights and sought the commission's intervention. After satisfying itself prima facie about the contents of the complaint, the commission said the incident reflected clear negligence on the part of the railways, who had failed to prevent gross violation of a passenger's human rights inside a train. Therefore, the chairman, railway board, is directed to show cause under Section 18(a)(i) of the PHR (Protection of Human Rights) Act, 1993, as to why a compensation of Rs 100,000 should not be recommended to be paid to the next of kin of the deceased within six weeks its order said, The compliance report must indicate what steps have been taken by the railway authorities to prevent repetition of such incidents in future. Response within six weeks. The Telegraph, Kolkata

6) DECCAN CHRONICLE. Published Jun 3, 2016, 4:01 am IST Visakhapatnam:

As the harassment by transgenders is found to be one of the major dissatisfaction for railway passengers, the Waltair division of East Coat Railway has fined 398 transgender in the last financial year as part of its safety and security drive. The fines were imposed on the eunuchs for harassing the passengers, arguing with TTEs and violating basic rules, said a railway official. In last year's fortnight-long programme on Passenger and Customer Facilitation, passengers had complained that eunuchs were resorting to forcible collection of money and causing trouble to them. Hence, the enforcement officials had been asked to take stringent action against the eunuchs indulging in such practices.

The Indian Railways have started acting tough against transgenders after the National Human Rights Commission had sought a reply from the railway authorities asking about the steps taken to handle the problem. Government Railway Police, Vizag said that they have noticed that some transgenders of Odisha, West Bengal and also Bihar have migrated to Vizag and Vizianagaram areas. The inter-state eunuchs are causing more inconveniences than the local hijras. Inspector of Government Railway Police, Vizag, and G. Koteswara Rao said they are taking stringent action against the hijras to curb such menace. The cops are counselling the hijras at regular intervals to bring a change in their mindset, he said.

Comments for this Article

asha rao

asha rao

Wrote on 13 June 2016 
Thanks Ravi for the burning issue in the trains. It is embarrassing for alone lady travelers like me.

j venkata krishna

j venkata krishna

Wrote on 12 June 2016 
Thank you Ravi. The article reminded me of the embarassment few years ago. However, railways are unable to take proper action. Railway Min. Suresh Prabhu, please have a look at this menace, which should be part of Swach Bharat.



Wrote on 08 June 2016 
Mr.Ravi Kumar Achary, Perhaps,if you can tweet this to the Railway Minister Mr.Suresh Prabhu,some positive actions can be expected.

(Source- Lawyers Club of India website)

Touts of courts : By Ajay Bansal, Adv


Do you  know who is the most important person for any advocate, either practising at lower court or at District Court or at High Court or at Supreme Court, from last 22-24 years in India. The answer is ‘ Tout ’.

A person, who brings court’s work for an advocate, on commission basis, is known as ‘ Tout ’. The quantity of briefs of an advocate is not depend upon his/her efficiency, knowledge of law, ability, seniority, honesty, competency and performance etc., rather same is a result of his/her maintaining ‘ Touts ’.

Now one would ask what do you mean by ‘ Tout ’. Let me tell. A ‘ Tout ’ is a person, who induces/instigates, on the basis of falsity, any party of a court’s case/complaint/matter to engage any particular lawyer for conduction of said case/complaint/matter in the court. The fee of said lawyer in that  court’s case/complaint/matter is also settled by said ‘ Tout ’. After getting part/full payment of said fee by said lawyer from that party, about fifty percent of that payment is given to ' Tout ' by said lawyer. In this way the fifty percent of total received fee in question goes into pocket of ' Tout '.

This 'Tout ' is not bound to have any academic qualification and license from any agency to do that work of tout-ism. Anybody can become ' Tout '. 

Now a days mostly ' Touts ' are among lawyer's clerks, Private Typists of courts, Private Draft-Men of courts, Officials of Courts of any rank, Officials of department of Police of any rank, Officials of department of Jail of any rank, Officials of department of Revenue of any rank, Officials of private/public Hospitals of any rank, Officials of Public/Private Banks and Assurance Companies of every level, Officials of any other Government and Private department, Officials of local Bar of Courts of every type,Officials of court's canteens of any type, Sweepers and Blacksmiths of  courts and other localities of cities and villages, Municipal Councils, Members of Gram Panchayat, Politician of any level, Persons having civil and criminal court's cases of their own etc. Even advocates himself/herself are doing job of ' Tout ' for other advocates.

Most of advocates give as much respect to any of ' Tout ' as given by them to any respectable elder member of their family. Earnings of most of ' Touts ' are much higher then most of advocates of India. Sycophancy of a ' Tout ' has become the only religion of all most all advocates of India. Now if any advocate wants to shine his/her advocacy in India, then it has become very necessary for him/her to adopt said religion of sycophancy of  ' Tout '.

Comments for this Article



Wrote on 13 June 2016 
Then there is the practice of the advocate engaged by the client to seek he service of senior/more experienced advocate colleagues. the client pays double fees!



Wrote on 13 June 2016 
the author has not tried to suggest solution to the problem. The advocate associations should circulate/publish their list of advocates specialising in various fields and their contact email ids and phone nos

asha rao

asha rao

Wrote on 13 June 2016 
Thanks for the truth. These touts have indirect access to even judges. It is shame for judiciary.

(Source- Lawyers Club of India blog)

Conceal, mislead, convict: That's no victory : By Bapoo M. Malcolm, Adv.

A lawyer died
His wake was big, the cortege long.
Seems that he had done no wrong.
He lay in state, seemed free of sin,
But in hand, each mourner, had a pin.
Each pricked the corpse, nNo word was said,
They just made sure, the man was dead.

Readers are free to decide on the veracity.
Lawyers get a bad name because our system of litigation is adversarial. One person has to lose and therefore the other’s advocate becomes the villain. No one faults the adversary himself. Always the lawyer. Sometimes, however, the lawyer deserves to be vilified.
Courts decide matters on proof. Documentary proof is best. Followed by verbal testimony and cross-examination. Almost every time that proof does exist, yet, often, the courts are unaware of its existence. A decision by a court, in such a case, may be flawed. Who then is to be blamed?

Our laws require that all proof must be put on the table; even if is adverse to one’s interest. This axiom follows from the belief that the primary duty of a court of law is to find the truth. Orders, judgements, convictions, acquittals, awards, fines, dismissals flow from that. Without access to the truth, the court is handicapped.
Our laws require that all proof must be put on the table; even if is adverse to one’s interest. This axiom follows from the belief that the primary duty of a court of law is to find the truth. Orders, judgements, convictions, acquittals, awards, fines, dismissals flow from that. Without access to the truth, the court is handicapped.
What is stated above must be news, or anathema, to our readers. The standard reaction of most litigants is, “Why should I produce this as evidence?”, when asked to present the inconvenient truths. But the law demands it. Hide-and-seek is not a game that courts play. They can come down heavily on those who conceal vital evidence. The same is also true with concocted proof and perjury.
Public Prosecutors are appointed by the State, meaning the government, to conduct criminal trials. Their results are show-cased for all to see, especially in high publicity issues. They often become superstars. But what if they fail?
Losing one’s job, or losing an election to this office, is not palatable to most lawyers. They will die a thousand deaths for a conviction. It is this pressure that leads some astray, and the police is often there to help with manufactured proof.

YOU BE THE JUDGE in these trials.

a) Mr. X knows that his opponent, Mr. B, has some vital documents that will prove X right. B wants to hide them. X asks the judge to force B to produce the important proof. What can the judge do?

b) X says that he needs some documents to prove his case but does not have them.  B has them. What should B do?

c) A man is convicted because the prosecutor did not reveal all he knew about the man’s innocence. Later on, the proof is out, but, by then, the man has spent 18 years in prison. Can the prosecutor be punished?
In the first case, if the judge demands the papers from B, B will have to produce them. Otherwise B can lose his case. He may also be held in contempt, obstruction of justice and wrongful harassment of Mr. X, beside a host of other crimes.
In the second case, it is the duty of B to inform the court that B has the documents with him and will produce them, not to help the opponent, but to “Assist the Court”. We did exactly that two days ago, in a civil case.
The third is one example of many such trials culminating in wrongful imprisonment. After a recent American study, 20% of those convicted were set free; all victims of malicious prosecution. Many of the affected sued the government agencies and were compensated. Unfortunately, only ONE prosecutor was punished. A low level functionary, he lost his license to practice. That’s all!
Faced with similar situations, what can litigants do? They must ask their lawyers to apply to the court for documents withheld by the other side. The law permits this and it is codified in Order 11, Rule 21 of The Code of Civil Procedure. It can save months of delay.

It’s a law is just waiting to be used.

(Source- Lawyers Club of India blog)