Challenging the Myth of Misuse of 498A by Women: A critical study on IPC 498 A in Odisha

Challenging the Myth of Misuse of 498A by Women: A critical study on IPC 498 A in Odisha 

On September 25th Oxfam India in collaboration with Human rights Organization Committee for Legal Aid to Poor (CLAP) and partner Institute of Social Development (ISD) organized a dissemination of the key findings of the study “Legal Rights of Women; A critical Study on IPC 498A in Odisha”. The objective of the dissemination was to share the findings with the Government functionaries, civil society, lawyers and advocates and also to gather opinion on the study findings. The research findings and recommendations are also expected to capture adequate legislative and policy attention to bring about a change in the lives of women who suffer injustice in spite of the provisions of law.
The study was unveiled by the Dr. Bikash Das President CLAP, Shaik Anwar Regional Manager Oxfam India, Ex.DGP Sri.Sarat Chandra Mishra, Smt. Sulata Deo Chairperson State Social Welfare Board, Smt. Jyoti Panigrahi Chairperson State Women’s Commission and Smt. Shubhasree Das Director ISD (in photo from left to right). Smt. Manorama Mohapatra former Editor SAMAJ and an eminent civil society member was also present in the event.
The event and the study findings have been covered by the print and electronic media in Odisha.

The key findings of the study are as follows:

1. Over last 15-years there was no conviction under IPC Section 498-A in Odisha, except for one case where the punishment has been reduced without any imprisonment.
2. Less number of cases (10 out of 26 cases studied from different law journals which came up the High Court of Odisha since 1998 until 2012 in matters of Section 498-A ) went for conviction orders by the trial court
3. Conviction orders by trial courts with parties allowed with a reduced punishment
4. 90 % of the cases are quashed due to lack of evidence
5. Acquittal order given importance
6. No punitive action
7. Compromise/divorce made in course of hearing and pendency
The major opinions that came from the civil society and government functionaries are that there is a dire need to have a law that protects women from incidences of violence and atrocities within marital family in the context of rising incidences according to the statistics of the National Crime Records Bureau and it is the procedural complications and investigation fallacies that is largely responsible for the misuse of the act and the women is definitely not responsible towards it as the procedure involves multi-stakeholders like police, lawyers, NGOs, judiciaries.

Context of the Study

The study has been conducted under the context that there is a huge hue and cry in the public domain that the provisions of 498 A (reveals that over last 15-years there was no conviction under IPC Section 498-A, a penal law to protect women form cruelty within marriage, except for one case where the punishment has been reduced without any imprisonment)are being misused by women. There has been a petition by one of the Rajya Sabha member during the year 2010 to change the provisions of the act and women’s organizations and networks from across India had given their reactions in the form of roundtable, mass demonstrations, signed petitions which resulted in stalling the revisions in the act, but the accusation of misuse continues till date. Oxfam India aimed to respond to the accusation with a well researched study with concrete evidence through case study analysis and understanding the diverse views from various stakeholders like survivors, lawyers and judiciary.

Crime against Women (Under Section IPC 498 A): Odisha at a glance 

A total of 8501 numbers of cases were registered in Odisha in the year 2010
as crime against women. As per 2010 NCRB data, 38.0% of the crimes
against women in Odisha is due to cruelty by husband or relatives, dowry
torture, and sexual harassment.  A comparative incidence of crimes during the 5 year period shows that rate of crime against women has been on rise between the year 2005 and 2010.  Number of cases registered U/S 498 A (Cruelty by Husband & Relatives) has gone from 1671 for the year 2005 to 2067 for the year 2010. Torture to Women by Family members (i.e Cruelty by Husband and Relatives U/S 498 of IPC) in Odisha   increased by 24.0% between the period of 2005-10.
Source: National Crime Records Bureau (NCRB)

 

 

http://www.oxfamindia.org/what-we-do/news/challenging-myth-misuse-498a-women-critical-study-ipc-498-odisha 

Man ends life to teach wife a lesson; HC acquits her, kin

Man ends life to teach wife a lesson; HC acquits her, kin

MUMBAI: A Nashik resident, who spent nearly seven years in jail after she was sentenced to life imprisonment for killing her husband, was recently acquitted by the Bombay high court, which ruled that it was a case of suicide.

Vilas Pawar committed suicide to teach his wife Usha, who had filed a case of maintenance against him, a lesson, said the court.

Seven of Usha's relatives, including her elderly parents and three brothers, who were also sentenced to life imprisonment in the case were acquitted as well.

Three dying declarations of Vilas, accusing Usha of forcibly emptying a bottle of poison into his mouth, were recorded. But the court took into account Vilas' conduct. "It is material to note the conduct of the deceased. Vilas was refusing to take treatment," observed a division bench of Vijaya Kapse-Tahilramani and Justice Pramod Kode. "If Vilas had been forcibly administered poison, he would want to save his life and... immediately submit to treatment. Vilas was refusing to get treated, which shows that he wanted the case to get serious in order to cause harassment to the appellants... Vilas himself consumed poison as he wanted to teach a lesson to (his wife and in-laws)." The court also referred to the panchnama which revealed that "Vilas consumed poison from a bottle and he told (his wife and in-laws) that he would take every one along with him".

Usha had filed a maintenance case against Vilas after their relationship soured. Following the court hearing in a Nashik court on January 11, 2007, Vilas landed at Usha's parents' home with a bottle of poison. Vilas claimed that his in-laws held his hands and legs and Usha emptied the contents of a poison bottle in his mouth. Usha and her relatives said that it was Vilas who himself consumed poison from the bottle.

The trial court had held Usha and her relatives guilty of murder and sentenced them to life imprisonment.

The court also referred to the panchnama which revealed that "Vilas consumed poison from a bottle and he told (his wife and in-laws) that he would take every one along with him".  http://timesofindia.indiatimes.com/city/mumbai/Man-ends-life-to-teach-wife-a-lesson-HC-acquits-her-kin/articleshow/20708600.cms 

Matrimony portals making serious efforts to counter rising tide of divorces, ensure lasting unions

Matrimony portals making serious efforts to counter rising tide of divorces, ensure lasting unions

BANGALORE: Online matrimony portals are adopting innovative measures to coach the young on living a happy married life, concerned that the rising tide of divorces across urban India could threaten their businesses.

From counselling services and free books on the dos and don'ts of a happy marriage to mailers and links to social media and blogs, they are making concerted efforts to ensure lasting unions for couples who meet online.

"Youngsters should not take online matrimony as a means to instant gratification as they do in other forms of e-commerce," said Gourav Rakshit, COO at Shaadi.com that has launched a series of online campaigns and counselling services at over 100 contact centres.

"We advise couples to take at least 6-9 months before they decide to tie the knot with someone they have met online," said Rakshit, who estimates about 20 million people use the portal.

Chennai-based Consim Info Pvt Ltd, which owns BharatMatrimony.com, is distributing 50,000 copies of a book that lays down the principles for a successful marriage and ways to sustain it.

http://economictimes.indiatimes.com/tech/internet/matrimony-portals-making-serious-efforts-to-counter-rising-tide-of-divorces-ensure-lasting-unions/articleshow/20768944.cms

दिल टूटने की वजह से शादीशुदा मर्द ज्यादा कर रहे हैं सुसाइड

भाषा [ Edited By:अमर कुमार] | इंदौर, 26 जून 2013 | अपडेटेड: 19:40 IST

टैग्स: भारतीय परिवार| सहनशीलता| शादीशुदा| खुदकुशी| विवाहित

• ई-मेल राय दें
• प्रिंट
• अ अ अ

इसे भारतीय परिवारों में लगातार घटती व्यक्तिगत सहनशीलता की डरावनी नजीर कह लीजिये या ‘सात जन्मों के बंधन’ में भावनात्मक गरमाहट के टोटे का जीता-जागता सबूत. लेकिन देश में कुंवारों के मुकाबले शादीशुदा लोगों में जिंदगी से हार मानकर खुदकुशी की प्रवृत्ति ज्यादा बनी हुई है. एनसीआरबी (राष्ट्रीय अपराध रिकॉर्ड ब्यूरो) की हालिया रिपोर्ट के मुताबिक वर्ष 2012 में आत्महत्या के सरकारी आंकड़ों पर वैवाहिक स्थिति के हिसाब से नजर डाली जाये तो पता चलता है कि पिछले साल अपनी जीवन लीला का खुद अंत करने वालों में 70.3 फीसदी विवाहित थे, जबकि 22.6 प्रतिशत शादी के बंधन में कभी नहीं बंधे थे.
एनसीआरबी की रिपोर्ट के अनुसार वर्ष 2012 में देश में आत्महत्या के कुल 1,35,445 मामले दर्ज किये गये थे. पिछले साल 63,343 शादीशुदा पुरुषों ने जान दी, जबकि 31,921 विवाहिताओं ने आत्महत्या का कदम उठाया.
वर्ष 2012 में खुदकुशी करने वाले कुंवारे पुरुषों की संख्या 19,727 थी. वहीं शादी के बंधन में नहीं बंधने वाली 10,830 महिलाओं ने मौत को गले लगाया. पिछले साल आत्महत्या का कदम उठाने वाले लोगों में 3.7 प्रतिशत विधुर या विधवा के दर्जे वाले थे.
खुदकुशी करने वालों में 3.5 प्रतिशत लोग या तो तलाकशुदा थे या किसी वजह से अपने जीवनसाथी से अलग रह रहे थे.
सरकारी आंकड़ों के मुताबिक पिछले साल खुदकुशी के मामलों में पुरुष-स्त्री अनुपात 65:35 रहा यानी जान देने वाले हर सौ लोगों में 65 पुरुष और 35 महिलाएं थीं. यह आंकड़े एक और चिंताजनक पहलू की ओर ध्यान खींचते हुए बताते हैं कि वर्ष 2012 में आत्महत्या करने वाले हर छह लोगों में से एक गृहिणी थी.
एनसीआरबी की रिपोर्ट खुदकुशी का कदम उठाने वाले भारतीयों के मनोविज्ञान पर रोशनी भी डालती है. रिपोर्ट बताती है, ‘यह देखा गया कि पिछले साल ज्यादातर पुरुषों ने सामाजिक और आर्थिक कारणों से आत्महत्या की, जबकि अधिकतर महिलाओं ने भावनात्मक और निजी वजहों के चलते खुद अपनी जीवन लीला समाप्त कर ली.’
नामी मनोचिकित्सक दीपक मंशारमानी का कहना है कि देश में कुंवारों के मुकाबले विवाहितों में जान देने की प्रवृत्ति ज्यादा होना स्पष्ट करता है कि वैवाहिक रिश्तों में अब पहले जैसी भावनात्मक उष्मा नहीं रह गयी है और ‘सात जन्मों का बंधन’ मजबूत सहारे के बजाय किसी ‘पेशेवर भागीदारी’ की तासीर अख्तियार करता जा रहा है.
मंशारमानी ने कहा, ‘भारतीय समाज के ताने-बाने में बड़े बदलावों और परवरिश की गलतियों के कारण लोगों में व्यक्तिगत सहनशीलता लगातार कम होती जा रही है. इससे विवाह नामक संस्था भी कमजोर हो रही है.’ उन्होंने कहा कि शादियां तब ही लम्बे समय तक चल सकती हैं, जब पति-पत्नी एक-दूसरे की कमियों को कबूल करते हुए आपस में पूरक बनें.

http://aajtak.intoday.in/story/heart-break-causes-more-suicides-than-unemployment-ncrb-report-1-734426.html

Two Nari Niketan inmates found hanging inside bathroom

Two Nari Niketan inmates found hanging inside bathroom

KARNAL: Two girls, both inmates of Nari Niketan here, were found hanging inside the shelter home's bathroom, police said today.

The girls, both stated to be around 17 years of age, were found hanging with a cloth from a water supply pipe inside the high-security shelter home, managed by the Department of Women and Child Welfare, yesterday.

The duo had allegedly escaped from the Nari Niketan on June 23 by scaling the wall, but were brought back the next day after being spotted at Kaithal district.

However, they were found missing again yesterday during the evening roll call.

They were later spotted hanging inside the bathroom after a search was launched by the staff to trace them out.

The bodies of the two, who hailed from Mahendergarh and Kaithal districts, had been sent for a postmortem examination and their families informed.

The district administration had ordered a probe to be conducted by a sub divisional magistrate to ascertain the cause behind the deaths.

 

 

http://timesofindia.indiatimes.com/city/gurgaon/Two-Nari-Niketan-inmates-found-hanging-inside-bathroom/articleshow/20776772.cms?intenttarget=no 

India saw 1,35,445 suicides last year

Scrutiny reveals 242 men and 129 women commit suicide every day

As many as 1,35,445 people committed suicide in the country last year. Statistics released by the National Crime Records Bureau (NCRB) show that excluding West Bengal, 79,773 men and 40,715 women had taken the extreme step. West Bengal, where 14,957 suicides were reported, did not provide classification statistics to the NCRB.

The rate of suicide last year stands at 11.2 cases for a population of I lakh. As per rounded off figures provided by the NCRB, on an average, 15 suicides an hour or 371 suicides a day had taken place. When scrutinised further, it reveals 242 male and 129 female suicides a day.

Tamil Nadu tops the list with 16,927 suicides, followed by Maharashtra with 16,112 suicides, West Bengal 3rd and Andhra Pradesh following it with 14,328 suicides. The 28 States together accounted for 1,32,667 cases and the seven Union Territories together for 2,778 suicides. In the administrative division of Lakshadweep, only one person committed suicide. In Delhi UT, it was 1,899. Among the cities of the country, Chennai topped with 2,183 cases.

The rate of suicide at the administrative division of Puducherry was the highest in the country, 36.8 for every 1 lakh persons. With a population close to 15 lakh as per estimated mid-year population, 541 persons committed suicide in Puducherry in 2012. Sikkim follows with a rate of 29.1 per cent and Tamil Nadu 3rd with a rate of 24.9 closely followed by Kerala with 24.3. The national average stands at 11.2.

Family problems accounted for 84 suicides a day on an average. The NCRB figures show that social and economic causes have led most of the men to commit suicides whereas emotional and personal causes have mainly driven women to end their lives. The percentage of suicides by married men was 71.6% and married women 67.9%.

One suicide out of every six suicides was committed by a housewife. Andhra Pradesh, Karnataka, Kerala and Tamil Nadu plus Maharashtra have together accounted for 50.6% of the suicides reported in the country. The highest number of suicide pacts was reported from Rajasthan, 74, followed by Andhra Pradesh (18), Kerala (12), and Gujarat (3), out of 109 such cases reported.

Thirty-seven per cent of the victims took the extreme step by hanging themselves, 29.1 per cent by consuming poison and 8.4 per cent by self-immolation. Last year, 50,062 persons hanged themselves in the country and the majority were men at 34,631. The highest number of such cases was reported from Maharashtra, 7,055 followed by Kerala with 5,629 cases and Tamil Nadu 3rd with 5393 cases.

Nineteen thousand four hundred and forty five persons committed suicide by consuming poison and 12,286 of them were men. Tamil Nadu topped the list with 3,459 cases, followed by Karnataka with 3,173 cases. The number of self-immolation cases was 11,438, the majority being women — 7,326. In this category too, Tamil Nadu topped with 2,349 cases and 1,481 of them were women. Maharashtra followed with 1,674 such cases.

From among the cities, the highest number of self immolation cases was reported from Kanpur (285), followed by Chennai (282). By jumping in front of speeding vehicles, especially trains, 4,259 persons committed suicide and the majority of them were men (3,554). Andhra Pradesh topped this list with 1,101 cases.

As per NCRB statistics, 1,35,585 persons committed suicide in the country in 2011. NCRB statistics from 2002 shows that the annual suicide cases in the country always stood above the 1 lakh mark and the highest number of cases was in 2011. In 2002, it was 1,10,417 cases.

Keywords: India suicide rates, National Crime Records Bureau, NCRB suicide statistics, India suicide cases

 http://www.thehindu.com/news/national/india-saw-135445-suicides-last-year/article4849710.ece