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Showing posts with label bail. Show all posts
Showing posts with label bail. Show all posts

Monday, 9 September 2013

PIL questions immediate arrests in dowry harassment cases

JAIPUR: A division bench of the high court has asked state government to give its reply to a PIL filed by one Vinod Singhal who questioned immediate arrests in cases pertaining to Section 498A (dowry harassment) and Section 406 of IPC (criminal breach of trust) filed by aggrieved wives against husband and his relatives.
The petition alleges that 70% matrimonial disputes are being converted into criminal cases by misuse of the provisions of Sections 498A and 406 of IPC. It has been alleged that once such a false criminal case is filed against the husband and his relatives the police immediately arrest the accused resulting in vanishing of chances of reconciliation between the warring husband and wife.
The PIL raises a point that since the offences are non-bailable, some guidelines must be issued so as to see that no husband or his relatives are arrested on false complaints. The petitioner demands that instead of registering the FIR immediately, the police must first call the parties for conciliation and in case the dispute remains unresolved, then only action should be initiated against the guilty husband and his relatives.
It has also been highlighted in the petition that in the recent past the Supreme Court too had observed that the law made for protection of women is being misused and has asked the Law Commission of India to report as to whether the law can be made bailable. The division bench of Chief Justice Amitava Roy and Justice V S Siradhana directed that a copy of the PIL be supplied to the government advocate.
http://articles.timesofindia.indiatimes.com/2013-07-09/jaipur/40468015_1_pil-questions-dowry-harassment-cases-division-bench

Thursday, 29 August 2013

HC asks sessions court to decide on bail plea of Yukta`s husband

MUMBAI: The Bombay HC on Wednesday asked a sessions court to decide on the anticipatory bail plea filed by former Miss World Yukta Mookhey's estranged husband Prince Tuli on August 30.

"The sessions judge has not taken into consideration that the offence under Section 498A is a continuing offence," said Justice Sadhna Jadhav. She said the trial judge did not consider the 15 non-cognisable offences, proceedings under the Domestic Violence Act and two complaints filed by Yukta. She had challenged the interim protection to Tuli and the sessions judge's observation that a case under Section 498 A could not be made out.

Additional public prosecutor P P Shinde told the high court that the investigation officer would place before the sessions court all the materials in the case, including the complaints filed by Mookhey.
 http://timesofindia.indiatimes.com/city/mumbai/HC-asks-sessions-court-to-decide-on-bail-plea-of-Yuktas-husband/articleshow/22130136.cms 

Friday, 5 July 2013

Male Victims of Domestic Abuse Continue to Suffer in Silence

Male Victims of Domestic Abuse Continue to Suffer in Silence

Last week, on the eve of becoming homeless as his house passed into its new owner’s hands, Earl Silverman of northeast Calgary hanged himself in his garage.
Silverman briefly hit the news a month ago, when he closed his Men’s Alternate Safe House (MASH), the only privately funded shelter for male victims of domestic violence in Canada, for lack of funds. For three years, MASH had temporarily housed about 20 men and a few children.
As I wrote in a March 27 column, “This story did not light up the switchboards, metaphorically speaking, of the media and government ministries.” The fact that men suffering from abuse now had exactly nowhere in Canada to turn for publicly funded shelter was the catalyst for a cavernous collective yawn — and exactly one letter to the Post editor, scolding men for their failure to become activists in their own behalf as women did.
The letter-writer had a point; men do tend to suffer in solitude rather than join forces to ask for help. As a result, abused are now where abused women were in the 1970s, before government swung into action to help. The problem of male abuse by their intimate partners has been “outed,” but there is no public system to deal with it.

So it would have been nice if somebody had written in to deplore the disparity in treatment between female and male victims of domestic abuse. For the silence on the letters page spoke volumes on the stubbornly persisting public perception that only women are victims of domestic violence, or that when men suffer abuse, they provoked it or deserve it.
The well-documented fact is that 25% of domestic violence is perpetrated by women against men who did not provoke it. Arrest statistics don’t reflect that reality, since men are routinely arrested in domestic disputes, no matter who provoked or did the most damage.
Explaining why he started MASH, Earl said: “When I went into the community looking for some support services [to deal with my wife’s abuse], I couldn’t find any. There were a lot for women, and the only programs for men were for anger management. As a victim, I was re-victimized by having these services telling me that I wasn’t a victim, but a perpetrator.”
Earl Silverman’s suicidal despair may have had some of its roots in personal psychological issues unconnected to a system that overtly excluded him. Warm and outgoing by nature, he smoked and drank too much. But then most suicides are due to a combination of internal and external factors. Some of the young girls who have recently committed suicide were known to be psychologically fragile; contributing factors like “slut-shaming” seem to be what pushed them over the edge. They have certainly had our full attention and sympathy.
The question is: would eliminating the contributing factors have permitted these girls – and Earl Silverman – to find life worth living? We believe so. We’re hell-bent on eliminating the contributing factors to those girls’ deaths, as well we should be. Male suicides vastly outnumber female suicides. We could and should also be looking at public policies that would prevent what we know to be contributing factors in the suicide of Earl Silverman and other desperate men before him.
According to a friend, “[Earl] believed very much in fairness and justice and he was just staggered, constantly, that …something so simple and so logical as gender rights and equality would be so impossible to access for so many people.” His four-page suicide note urged changes in the system. In other words, his suicide was in part an act of political martyrdom.
It’s an easy fix to honour Earl’s last wish: Acknowledge the reality that men suffer from their intimate partners’ violence almost as frequently as women do, and almost as consequentially. Offer funded shelter and counselling to both men and women who need it. And while we’re at it, offer funded anger management to women who need it — there are many — as well as to men. We will then see male suicide rates go down. It’s that simple. If we care.
Barbara Kay
National Post
bkay@videotron.ca

http://www.f4e.com.au/blog/2013/07/03/male-victims-of-domestic-abuse-continue-to-suffer-in-silence/

he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf
he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf
he Supreme Court recently applied the gender equality note when a husband was seeking divorce. It asked if it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.


The Indian media hailed the judgment as another landmark citing gender equality. The question that remains to be answered is: would the Indian SC or any such court in India apply the same gender equality note when a husband complains of domestic abuse including emotional, financial or physical abuse at the hands of the wife or female partner?
Not likely in my opinion. Because the whole concept of gender quality in India is used by courts only when it benefits women in general and not men. Take the recent spate of rape cases being filed all over Indian where women allege rape on men when a consensual relation between them breaks down and marriage does not take place. In most cases, it is alleged that the man and woman had consensual physical relations and that man did not keep his promise of getting married to the woman. Police and courts accept such cases, the media highlight them and Indian rape statistics increase for no reason.
However, can a man also file a rape case against a woman if she decides to break a relationship after entering into a consensual physical relationship? Will the same Supreme Court then have applied the same gender equality note?
Now, let us come to more serious issue of domestic violence. It is a fact that over 65000 husbands are driven to suicide every year, compared to only 35000 wives. This is a statistical fact taken out of NCRB statistics and cited by various surveys and news reports.
While over 13 civil and criminal laws exist to protect wives from abusive husbands, the latter in India are not protected from domestic violence or matrimonial abuse from wives. Revisiting the Supreme Court’s approach of gender equality note all husbands must also be allowed to file domestic violence cases because the court would have allowed a wife to file the same if she had been abused.
The fundamental fact of the matter is that what’s bad for the goose is bad for the gander, but not in India where different standards are openly applied to the goose and the gander. Using words like "gender equality" when it comes to benefitting  women and "positive discrimination" when it comes to denying access to laws and the legal system to abused men, the Indian Judicial system is only denigrating its status amongst its citizens and making a mockery of itself.
Our legal system should instead come clean and openly announce the different standards that it applies to men and women so that men are under no false impression that the courts would think with a gender equality note if they approach them with a prayer. So much for gender equality!
- See more at: http://www.merinews.com/article/why-does-supreme-court-apply-gender-equality-only-one-way/15887535.shtml#sthash.g1kLEp6d.dpuf

Wednesday, 3 July 2013

What if you're in her shoes, SC asks rejecting man's divorce plea

What if you're in her shoes, SC asks rejecting man's divorce plea

New Delhi: A man's plea for divorce on the grounds that their marriage is beyond salvage and that he will pay a substantial alimony to his wife has been dismissed by the Supreme Court saying that the husband would have never accepted dissolution of matrimonial ties had the wife raised identical reasons.
The court made the observation while rejecting the plea for divorce by the husband who had contended that though his wife's mental condition was normal, they have been separated for over 12 years and as such their marriage has irretrievably broken down. Also he said that he is willing to pay his wife any amount determined by the court as alimony.
A bench of justices P. Sathasivam and J.S. Khehar said he cannot be granted divorce "for the simple reason that the breakdown is only from the side of the husband" while the wife has consistently maintained that her paramount desire was to rejoin her husband."
"We would in our endeavour to determine the issue in hand examine the matter by reversing roles of the parties. We will examine the matter as if the wife had approached the Family Court seeking divorce on the ground that her husband had suffered brain damage leading to cognitive deficiencies.
"Yet, despite the said deficiencies, his working memory had returned to ‘near normal’ after treatment. "And his mental condition was such, that it would not have any effect on his matrimonial obligations. And the wife's family is agreeable to pay an amount to be determined by this court, so as to enable their daughter to break away, and find a more suitable match.
"Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves, whether the husband would have accepted such a plea...?" The court said, "In such situation, if this Court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? "We have no doubt in our mind, that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just, the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," the bench said.
It also said the medical condition of the wife, on which the man had based his claim for divorce, was "of his own doing."
The apex court's order came on the appeal by the husband, who had challenged the decision of the Family court in Hyderabad and the Andhra Pradesh High Court which had rejected his plea for divorce from his wife.
The couple were married in 1997 when they were barely out of their teens.
After his wife's second pregnancy resulted in her suffering some mental disorder due to medical complications, he had moved the Family court in 2002 seeking divorce on the ground that she was not mentally sound.
The trial court had refused to grant him any relief saying that apart from his and his family's contentions that she had not recovered, there was no other evidence to support their claim.
The court also noted that as per medical professionals who had examined her, the woman's mental condition was found to be ‘normal’ and also that she was capable of discharging her marital obligations.
The high court had upheld the view of the trial court, and he had moved the apex court. He had contended before the apex court that they have been separated for over 12 years, their marriage is beyond salvage and as he is willing to pay a court determined amount as alimony, their marriage should be dissolved.
The apex court while refusing to grant him relief noted that "we cannot persuade ourselves to grant a decree of divorce, on the ground of irretrievable breakdown of marriage, for the simple reason that the breakdown is only from the side of the husband. The wife has consistently maintained, that she was intensely concerned with her future relationship with her husband, and that, her greatest and paramount desire was to rejoin her husband."
The bench also said that it was the husband himself who was ‘responsible for the state of affairs of his wife’.
 
 

Tuesday, 2 July 2013

Magistrate held for 'rape' gets bail, to join duty

Magistrate held for 'rape' gets bail, to join duty

COIMBATORE: Judicial magistrate S Thangaraj, who was arrested on Saturday on charges of raping a female sub-inspector, got bail from the Tirupur district and principal sessions judge's court on Monday. The bail order was served to the Coimbatore Central Prison and the magistrate was released on Monday evening. "He will take charge on Tuesday at the fast track court in Coonoor," his lawyer, Bhavani B Mohan said.

Thangaraj was arrested from ThattanKuttai near Kumarapalayam in Namakkal district on Saturday and sent to judicial custody after a female sub-inspector lodged a complaint with the Palladam all women police station, alleging that he had a physical relationship with her for more than a year after promising to marry her. The Palladam all women police station registered a case against the magistrate under Sections 376 (rape), 417 (cheating) and 506 (i) (criminal intimidation) of the IPC.

Thangaraj filed a bail petition before the Tirupur district and principal sessions judge's court, which came up for hearing on Monday before judge K Ganeshan. Public prosecutor KN Subramaniam argued that police had followed the rules and regulations of the Supreme Court and Madras high court in registering the case and, hence, the accused should not be allowed to enter the Nilgiris and Tirupur districts till the police investigation was completed.

Senior advocate Bhavani B Mohan, appearing on behalf of Thangaraj, argued that the woman SI had lodged a complaint with the Palladam all women police station on June 21 and that the case was registered on June 29. Police arrested the magistrate on Saturday and slapped rape charges on him. The charge does not apply in this case as they were in a relationship with mutual consent. The magistrate was not even told about the grounds of arrest. Mohan termed the incident as an assault on the judiciary and pleaded to the court to release Thangaraj.

Judge Ganeshan granted bail after the arguments concluded. Thangaraj, 31, of Oonjapalayam in Erode district is judicial magistrate at the fast track court at Coonoor in the Nilgiris district. He had allegedly been in a relationship with the woman sub-inspector attached to Palladam police station. However, he married another woman on June 20. 
 http://timesofindia.indiatimes.com/india/Magistrate-held-for-rape-gets-bail-to-join-duty/articleshow/20867226.cms