Moga police takes action against woman who registered false rape case
Setting an example for women who lodge false rape cases, Moga police on Friday not only cancelled the FIR logded against a man on late Wednesday night within 48 hours, but also took action against the woman who registered the false rape case.
A 35-year-old complainant from Nihal Singh wala had alleged rape from past eight years and registered FIR against him after which police arrested him under Section 376 of IPC.
Surjit Singh Grewal, SSP, Moga said, "No doubt we registered the case against the man because we found proof of physical relationship and abortions done provided by woman but detailed investigations have found that man never raped her. There is a difference between rape and consensual relations. The woman did all this to pressurise and harass the man since he was a famous kabaddi player and she wanted him to marry her but he married some other woman. We have cancelled the FIR and special investigation team (SIT) was formed to investigate the case."
The SSP has also ordered action against the woman under section 182 of IPC. "We have the full right to take action against people who register false cases be it man or woman."
http://www.indianexpress.com/news/moga-police-takes-action-against-woman-who-registered-false-rape-case/1054916/
Wednesday 8 May 2013
Cannot bring good times back, but rehab must in false rape cases
Cannot bring good times back, but rehab must in false rape cases
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/
The
government must frame a comprehensive policy for rehabilitation of
persons accused and jailed in false rape cases, a fast track court has
held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The
government must frame a comprehensive policy for rehabilitation of
persons accused and jailed in false rape cases, a fast track court has
held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The
government must frame a comprehensive policy for rehabilitation of
persons accused and jailed in false rape cases, a fast track court has
held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The
government must frame a comprehensive policy for rehabilitation of
persons accused and jailed in false rape cases, a fast track court has
held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The
government must frame a comprehensive policy for rehabilitation of
persons accused and jailed in false rape cases, a fast track court has
held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
Counsel first in marital war: SC
Counsel first in marital war: SC
Hyderabad: The
Supreme Court has directed criminal courts dealing with cases of dowry
harassment to refer the parties to a mediation centre before they start
hearing the case, if they feel a settlement is possible and both parties
are willing.
While setting aside an order passed by the AP High Court in a matrimonial case, the apex court observed that “marriage is a sacred ceremony, the main purpose of which is to enable the couple to settle down in life and live peacefully”.
Give mediation a chance, says SC
A Division Bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai of the Supreme Court pointed out that “little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved, with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case”.
Pointing out that though the offence of dowry harassment, punishable under Section 498A of the IPC, is non-compoundable (meaning it cannot be withdrawn by the petitioner), the Bench said that in appropriate cases, if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation.
A complaint under Section 498A of the IPC (husband or relatives of a woman subjecting her to cruelty) presents a difficulty because the offence is not compoundable except in AP, where, by a state amendment, it was made compoundable, the SC added.
The Bench made it clear that “this is, obviously, not to dilute the rigour, efficacy and purport of Section 498A of the IPC, but to locate cases where the matrimonial dispute can be nipped in the bud in an equitable manner. It will be for the concerned court to work out the modalities taking into consideration the facts of each case”.
The Bench cautioned that the judges must ensure that this exercise does not lead to the erring spouse using mediation process to get out of the clutches of the law.
While setting aside an order passed by the AP High Court in a matrimonial case, the apex court observed that “marriage is a sacred ceremony, the main purpose of which is to enable the couple to settle down in life and live peacefully”.
Give mediation a chance, says SC
A Division Bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai of the Supreme Court pointed out that “little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved, with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case”.
Pointing out that though the offence of dowry harassment, punishable under Section 498A of the IPC, is non-compoundable (meaning it cannot be withdrawn by the petitioner), the Bench said that in appropriate cases, if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation.
A complaint under Section 498A of the IPC (husband or relatives of a woman subjecting her to cruelty) presents a difficulty because the offence is not compoundable except in AP, where, by a state amendment, it was made compoundable, the SC added.
The Bench made it clear that “this is, obviously, not to dilute the rigour, efficacy and purport of Section 498A of the IPC, but to locate cases where the matrimonial dispute can be nipped in the bud in an equitable manner. It will be for the concerned court to work out the modalities taking into consideration the facts of each case”.
The Bench cautioned that the judges must ensure that this exercise does not lead to the erring spouse using mediation process to get out of the clutches of the law.
New divorce law loaded against women: Arun Jaitley
New divorce law loaded against women: Arun Jaitley
NEW DELHI: A bill seeking to make 'irretrievable breakdown of marriage' as a ground for divorce appeared to be in trouble with MPs from within the ruling side as well as the Opposition attacking the changes.
The Marriage Laws (Amendment) Bill, which was taken up passage in the Rajya Sabha on Monday, was seen to be loaded against women by a significant section of the House. In the face of concerns raised by members, the bill will now be taken up for discussion on Wednesday.
The Marriage Laws (Amendment) Bill seeks to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to provide for "irretrievable breakdown of marriage" as a new ground for divorce. It suggests that a divorce on these grounds would be granted provided it doesn't cause 'grave financial hardship' to the wife.
The current amendment takes its cue from the Law Commission's report and two 1985 Supreme Court judgments. It is based on the premise, prevalent across the world, that there is no need to continue with a marriage that has failed.
Leader of the Opposition Arun Jaitley, who agreed that if a marriage is dead, it should be given a burial by a decree of divorce, said the rights of the woman should get absolute protection. He said since the the law doesn't provide for financial backbone for women, they are likely to end up becoming "permanently dependent" on their parents and siblings.
Calling on the government to think through the proposed legislation, Jaitley said that in its current form, "this law may end up creating unusual hardships for women in India."
In India, divorces are conventionally granted on two broad grounds - mutual consent and matrimonial default. The latter, which includes mental and physical cruelty, adultery, desertion, conversion and communicable diseases, allows for the victim to ask for divorce.
"No person can take the benefit of their own default. In that sense, irretrievable breakdown is different from conventional jurisprudence on divorce, in that the person who cause the default can ask for the divorce," Jaitley said.
He stressed those countries which allow for irretrievable breakdown as a ground for divorce have a very strong support system for the wife and children.
"Such divorces become very costly, as property and income is shared with the wife and children. I regret to say that Supreme Court can interpret laws and suggest advancements but elected representatives know the realities better, and without financial backing, women will end up sufferers," BJP leader said.
http://economictimes.indiatimes.com/news/politics-and-nation/new-divorce-law-loaded-against-women-arun-jaitley/articleshow/12945948.cms?intenttarget=no
NEW DELHI: A bill seeking to make 'irretrievable breakdown of marriage' as a ground for divorce appeared to be in trouble with MPs from within the ruling side as well as the Opposition attacking the changes.
The Marriage Laws (Amendment) Bill, which was taken up passage in the Rajya Sabha on Monday, was seen to be loaded against women by a significant section of the House. In the face of concerns raised by members, the bill will now be taken up for discussion on Wednesday.
The Marriage Laws (Amendment) Bill seeks to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to provide for "irretrievable breakdown of marriage" as a new ground for divorce. It suggests that a divorce on these grounds would be granted provided it doesn't cause 'grave financial hardship' to the wife.
The current amendment takes its cue from the Law Commission's report and two 1985 Supreme Court judgments. It is based on the premise, prevalent across the world, that there is no need to continue with a marriage that has failed.
Leader of the Opposition Arun Jaitley, who agreed that if a marriage is dead, it should be given a burial by a decree of divorce, said the rights of the woman should get absolute protection. He said since the the law doesn't provide for financial backbone for women, they are likely to end up becoming "permanently dependent" on their parents and siblings.
Calling on the government to think through the proposed legislation, Jaitley said that in its current form, "this law may end up creating unusual hardships for women in India."
In India, divorces are conventionally granted on two broad grounds - mutual consent and matrimonial default. The latter, which includes mental and physical cruelty, adultery, desertion, conversion and communicable diseases, allows for the victim to ask for divorce.
"No person can take the benefit of their own default. In that sense, irretrievable breakdown is different from conventional jurisprudence on divorce, in that the person who cause the default can ask for the divorce," Jaitley said.
He stressed those countries which allow for irretrievable breakdown as a ground for divorce have a very strong support system for the wife and children.
"Such divorces become very costly, as property and income is shared with the wife and children. I regret to say that Supreme Court can interpret laws and suggest advancements but elected representatives know the realities better, and without financial backing, women will end up sufferers," BJP leader said.
http://economictimes.indiatimes.com/news/politics-and-nation/new-divorce-law-loaded-against-women-arun-jaitley/articleshow/12945948.cms?intenttarget=no
The other side of dowry disputes
The other side of dowry disputes
Fifty-three-year-old Damyanti Sharma still shudders at the thought of the night she had to spend at a police station last year. A former school teacher, she never imagined that realizing her long-cherished dream of seeing her only son married would one day turn into her family's worst nightmare. "We treated our daughter-in-law like a daughter. The first two years were smooth. However, soon the fights started and she eventually walked out in 2011. Even though we never abused her or even took dowry, we were implicated in a false dowry harassment case. Since then, our life has only been about legal hassles and visiting courts," Damyanti claimed.
Every Sunday, a group of women in situations similar to Damyanti's gather at Borivli and Mulund to discuss the atrocities committed on them under women-centric laws such as the Dowry Act (498-A) and the Domestic Violence Act. These women are not "victims" under the law but like Damyanti are those who face prosecution, after their daughters-in-law and sisters-in-law file complaints against them. This situation has led to the birth of a group called Mothers and Sisters of Husband Against Abuse of Law (MASHAAL), a part of a nationwide forum called the Indian Family Foundation (IFF).
The forum is fighting against what it calls "criminalization of marital disputes". The forum alleges that of late, it has become a fashion for a wife's family to threaten the husband's family with false dowry and maintenance cases if their demands are not met.
"The disambiguation lies in the word 'women' in such laws, which actually implies just wife. The laws seem to be immune to mothers and sisters of the husband. Their problems in such situations also need amplification," says Jinesh Zaveri, an activist and a co-founder of MASHAAL.
For a 61-year-old Dahisar-based architect, the act of helping such distressed families has helped him and his 31-year-old son deal with their own legal battle. "While helping these people, I never ever thought that we would end up in such a situation," he says. His son, who was a computer engineer in the Middle East, lost his job as a consequence of the false complaint filed by his daughter-in-law's family, he alleged. "Her family was against the idea of her marrying outside the community and hence they took her back and filed the complaint to harass us and extort money," he says.
Both father and son were granted bail soon after being detained.
A reason for the misuse of such laws, say legal experts, is the manner in which such laws are framed and the state machinery involved in executing them.
"Though women-centric laws are welcome and the need of the hour, one must bear in mind that they cannot be framed under pressure and in the absence of a rationale. The laws must be such that while women can get the maximum benefit, there is very little room for ambiguity and misuse," a lawyer said.
He adds that the police also needs to be sensitized on how to handle such cases and that these cases must be registered and arrests made only after conducting investigations.
http://timesofindia.indiatimes.com/city/mumbai/The-other-side-of-dowry-disputes/articleshow/19827172.cms?
Fifty-three-year-old Damyanti Sharma still shudders at the thought of the night she had to spend at a police station last year. A former school teacher, she never imagined that realizing her long-cherished dream of seeing her only son married would one day turn into her family's worst nightmare. "We treated our daughter-in-law like a daughter. The first two years were smooth. However, soon the fights started and she eventually walked out in 2011. Even though we never abused her or even took dowry, we were implicated in a false dowry harassment case. Since then, our life has only been about legal hassles and visiting courts," Damyanti claimed.
Every Sunday, a group of women in situations similar to Damyanti's gather at Borivli and Mulund to discuss the atrocities committed on them under women-centric laws such as the Dowry Act (498-A) and the Domestic Violence Act. These women are not "victims" under the law but like Damyanti are those who face prosecution, after their daughters-in-law and sisters-in-law file complaints against them. This situation has led to the birth of a group called Mothers and Sisters of Husband Against Abuse of Law (MASHAAL), a part of a nationwide forum called the Indian Family Foundation (IFF).
The forum is fighting against what it calls "criminalization of marital disputes". The forum alleges that of late, it has become a fashion for a wife's family to threaten the husband's family with false dowry and maintenance cases if their demands are not met.
"The disambiguation lies in the word 'women' in such laws, which actually implies just wife. The laws seem to be immune to mothers and sisters of the husband. Their problems in such situations also need amplification," says Jinesh Zaveri, an activist and a co-founder of MASHAAL.
For a 61-year-old Dahisar-based architect, the act of helping such distressed families has helped him and his 31-year-old son deal with their own legal battle. "While helping these people, I never ever thought that we would end up in such a situation," he says. His son, who was a computer engineer in the Middle East, lost his job as a consequence of the false complaint filed by his daughter-in-law's family, he alleged. "Her family was against the idea of her marrying outside the community and hence they took her back and filed the complaint to harass us and extort money," he says.
Both father and son were granted bail soon after being detained.
A reason for the misuse of such laws, say legal experts, is the manner in which such laws are framed and the state machinery involved in executing them.
"Though women-centric laws are welcome and the need of the hour, one must bear in mind that they cannot be framed under pressure and in the absence of a rationale. The laws must be such that while women can get the maximum benefit, there is very little room for ambiguity and misuse," a lawyer said.
He adds that the police also needs to be sensitized on how to handle such cases and that these cases must be registered and arrests made only after conducting investigations.
http://timesofindia.indiatimes.com/city/mumbai/The-other-side-of-dowry-disputes/articleshow/19827172.cms?
'Harassed' husband challenges Domestic Violence Act
'Harassed' husband challenges Domestic Violence Act
BANGALORE: The Karnataka high court on Tuesday ordered notice to both the state and central governments on a petition filed by CH Venkatakrishna, a resident of Kasargod in Kerala, challenging the constitutional validity of various provisions of Protection of Women from Domestic Violence Act 2005.
Justice S Abdul Nazeer has also ordered notice to Lakshmi Bhat, a resident of Bangalore who also acts in TV serials. The petitioner, who got married in 1998 and has a daughter, claims that his wife demanded Rs 2 crore as compensation and had obtained an injunction from a magistrate court restraining him from alienating his properties in Kerala. He also claims that because of the provisions of the Act, he has to come to Bangalore court from Kasargod for hearing.
"A significant aspect of the matter is that the whole section of women is excluded from the purview of Act branding the men as the sole cause of domestic violence. Such a gender bias is apparent in Section 19 where it says that a woman cannot be removed from shared household. This is also violative of Article 14 of the Constitution as the same is gender biased. Protection is alone given to women and there is no protection to the abuses of wife. Hence, the provision under Section 12, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28 of DV Act (relating to residence, protection, custody and other reliefs) are unconstitutional and are liable to be struck down," the petitioner has claimed.
http://timesofindia.indiatimes.com/city/bangalore/Harassed-husband-challenges-Domestic-Violence-Act/articleshow/19082232.cms
BANGALORE: The Karnataka high court on Tuesday ordered notice to both the state and central governments on a petition filed by CH Venkatakrishna, a resident of Kasargod in Kerala, challenging the constitutional validity of various provisions of Protection of Women from Domestic Violence Act 2005.
Justice S Abdul Nazeer has also ordered notice to Lakshmi Bhat, a resident of Bangalore who also acts in TV serials. The petitioner, who got married in 1998 and has a daughter, claims that his wife demanded Rs 2 crore as compensation and had obtained an injunction from a magistrate court restraining him from alienating his properties in Kerala. He also claims that because of the provisions of the Act, he has to come to Bangalore court from Kasargod for hearing.
"A significant aspect of the matter is that the whole section of women is excluded from the purview of Act branding the men as the sole cause of domestic violence. Such a gender bias is apparent in Section 19 where it says that a woman cannot be removed from shared household. This is also violative of Article 14 of the Constitution as the same is gender biased. Protection is alone given to women and there is no protection to the abuses of wife. Hence, the provision under Section 12, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28 of DV Act (relating to residence, protection, custody and other reliefs) are unconstitutional and are liable to be struck down," the petitioner has claimed.
http://timesofindia.indiatimes.com/city/bangalore/Harassed-husband-challenges-Domestic-Violence-Act/articleshow/19082232.cms
Subscribe to:
Posts (Atom)