Advocate Jeram Tikkom

Questions Answered by Advocate Jeram Tikkom

Q: Neighbor objecting to construction of drain outside my boundary wall

Sir we have 3 katha of land and we are constructing boundary wall and on one side we are constructing a small drain in our land outside the boundary wall but the other land owner is objecting the construction that we are doing in our land they are giving reason that dirty water will give fowl smell fyi let me tell you that the land is empty that the owner is talking about please give suggestion

Advocate Jeram Tikkom answered
With due respect I would like to suggest you not to make such petty cases a serious one. Try to make your neighbour understand by telling him the benefits of such act. And if he is not willing to co-operate, build it in your side of the wall OR build a drainage with a lid on it, thus the foul smell will stay away as he had asked.Thank you,

Q: A person distributing my nude picture through whatsapp to everyone

I had picnic with my batch mate last year. We all were drunk and while changing dress after a bath, one of them had taken nude photo of mine. He is distributing the photo via whatsapp in every possible way. At first he shared that photo in the university campus. secondly he gave that photo to a guy who lives in my hometown so that that photo can be spread in my own town also. Now, I have shifted to other college for my PhD. He has also given the photo in my new campus. As per his idea, my pens is too small to get married or make a gf. So he is giving warning to everyone about me. Now my PhD guide has denied to supervise me and told me to find a new faculty. I am facing lots of trouble in new campus. I am also consulting various doctors including psychiatrist.

Advocate Jeram Tikkom answered
Dear XYZ, You may file an FIR as soon as possible in the nearest Police Station. Or file a complaint to the magistrate which falls under the jurisdiction you live. “Right to freedom of speech and expression” is a fundamental right guaranteed to all citizens of India (The Constitution of India, 1950, article 19(1) (a)). However, this right is subject to “reasonable restrictions” (The Constitution of India, 1950, article 19(2)). Thus, sending of “grossly offensive or menacing information, false information to cause annoyance, inconvenience, danger, insult, injury, criminal intimidation, enmity, hatred, or ill will, or messages that will cause annoyance or inconvenience or deceive or mislead the recipient about the origin of such messages, by means of a computer resource or a communication device” is an offence punishable with “imprisonment up to three years and fine” (IT Act, section 66A). The broad terms used in the section should be interpreted in light of the fundamental right to freedom of speech and expression. The following acts may be punishable under section 66A, IT Act: Sending ‘dirty’ jokes, objectionable pictures, and false, defamatory information. Sending threatening or extortive messages via e-mail/SMS/MMS. Sending of threat-mails and SMSes is also punishable under section 506 (“punishment for criminal intimidation”) and section 507 (“criminal intimidation by an anonymous communication”) of the IPC.