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

पत्‍नी के रहते हुए दूसरी महिला से अफेयर क्रूरता नहीं: सुप्रीम कोर्ट

सुप्रीम कोर्ट ने फैसला सुनाते हुए कहा है कि अगर कोई पति किसी अन्‍य महिला के नजदीक जाता है तो उसे अपनी पत्‍नी पर क्रूरता का कसूरवार नहीं ठहराया जा सकता. कोर्ट का कहना है कि ऐसा मामला तब तक क्रूरता के दायरे में नहीं आएगा जब तक कि पति की नजदीकी अन्य महिला के साथ इतनी न हो जाए कि उसकी पत्नी आत्महत्या करने पर मजबूर हो जाए.
जस्टिस केएस राधाकृष्‍णन की अध्‍यक्षता वाली बेंच ने कहा, 'हमारा ऐसा मानना है कि शादीशुदा रिश्ते के कायम रहने के दौरान अगर पति किसी और के नजदीक आ जाता है और वह अपनी वैवाहिक जिम्मेदारियां नहीं निभाता है तो भी यह पत्नी के साथ क्रूरता नहीं है.'
उन्‍होंने कहा, 'लेकिन अगर दूसरी महिला से पति की नजदीकी इस कदर हो कि पत्‍नी आत्‍महत्‍या करने पर मजबूर हो जाए तो आईपीसी की धारा 498-ए के तहत मामला बनता है.'
यह फैसला एक शख्‍स की अपील पर सुनाया गया, जिसके ऊपर धारा 498-ए के तहत अपनी पत्नी के साथ क्रूरता बरतने और धारा 306 के तहत आत्महत्या के लिए उकसाने का आरोप था.
इस जोड़े ने 1989 में शादी की थी. बाद में पति का अपनी सहयोगी के साथ अफेयर हो गया. इसके बाद तथाकथित रूप से पत्नी अलग-थलग महसूस करने लगी और मार्च 1996 में उसने आत्महत्या कर ली.
बेंच ने कहा, 'अदालत ने पाया कि तथाकथित एक्स्ट्रा-मेरिटल रिश्ता ऐसा नहीं था कि वह आरोपी शख्स की पत्नी को आत्महत्या के लिए मजबूर कर दे. इसके साथ ही आत्महत्या करने वाली महिला के पति ने कभी कोई ऐसा काम नहीं किया जो सामान्य परिस्थिति में पत्नी को आत्महत्या के लिए उकसाए.'
अदालत ने यह भी कहा कि अगर साबित हो जाए तो एक्स्ट्रा-मेरिटल अफेयर को गैरकानूनी और अनैतिक करार दिया जा सकता है. लेकिन इस मामले में यह साबित नहीं किया जा सका है कि पति ने पत्नी को आत्महत्या के लिए मजबूर किया.

http://aajtak.intoday.in/story/cheating-husbands-arent-guilty-of-cruelty-unless-it-drives-their-wives-to-suicide-supreme-court-rules-1-741494.html

और भी... http://aajtak.intoday.in/story/cheating-husbands-arent-guilty-of-cruelty-unless-it-drives-their-wives-to-suicide-supreme-court-rules-1-741494.html

 

 

Coimbatore woman files abuse case against husband working in California

COIMBATORE: A software engineering working in California has been booked for physically and mentally abusing his wife by Coimbatore city police on Saturday. The police have decided to send a lookout notice to all airports in the country to arrest the software engineer.
According to police, Reena Rose Magdalene (31), from Subbarayanpudur near Somanur on the outskirts of the city, lodged a complaint with all women police station, Ramanathapuram, on Saturday. She stated in her complaint that she had completed her Msc Mphil and got married to A Lourde Thangaraj (34) from Periyar Nagar at Puliyakulam in the city on May 16, 2010. Her family gave a dowry of 15 sovereigns of gold and Rs2lakh cash. Soon after the wedding, the couple left for California.

The trouble started when Thangaraj began to physically and mentally abuse his wife.
Unable to bear the torture, Reena returned to India and resumed living with her parents. After relatives from both sides advised the couple, Reena returned to California to give her marriage another try.
However, Thangaraj had taken some obscene pictures of his wife discretely and began to threaten her saying if she failed to please him, he would publish the pictures online. This forced Reena to return to her hometown again. Her parents-in-law Anthony Grouse and Josephine Fernad also demanded for additional dowry from her.
Reena lodged a complaint with all women police station, Ramanathapuram on Saturday. Police inspector D Sathi Anusuya registered a case against the software engineer and his parents under section 498 (A) (husband or relatives of husband of a woman subjecting her to cruelty), 506 (i) (criminal intimidation) and under section 4 of Tamil Nadu Prohibition of Women Harassment Act.
Based on a Madras high court order, a case has been registered by police. "We will a send lookout notice to all airports in the country to detain the software engineer when he arrives in India," said inspector Sathi Anusuya. She also added that the police would conduct a detailed inquiry in connection with the case.

http://articles.timesofindia.indiatimes.com/2013-09-09/coimbatore/41902427_1_software-engineer-women-police-station-coimbatore-woman

Man elopes with mother of fiancee

CHENNAI: The Pallikaranai police are looking for a 25-year-old man who allegedly eloped with the mother of the woman he was to marry later this month. The construction worker, who often visited the house of his fiancee after the engagement, got attracted to the older woman and the two began a relationship that culminated in their running away, police said.

Parthasarathy, a native of Tindivanam who lived in Kovilambakkam near Pallikaranai, got engaged to an 18-year-old woman in the same area about two months ago. The girl's father Sekar, 38, and mother Vasantha, 35, were construction labourers working in the locality and got to know of Parthasarathy and the match was fixed.
Soon, Parthasarathy became a frequent visitor to his fiancee's house and began mingling closely with all her family members. Vasantha was apparently taken in by his good behaviour and he began to present her with gifts, police said.
They gradually became close to one another. Vasantha often skipped work and stayed at home and Parthasarathy came to meet her. A few days ago, Vasantha's daughter allegedly found the two of them together in an intimate position, investigators said.
That evening, soon after Sekar returned from work, the girl told him about it. A day after the incident, Vasantha went missing. A subsequent check revealed that Parthasarathy was also missing.
Sekar then lodged a complaint with the Pallikaaranai police who registered a case and launched a hunt for the two.

http://articles.timesofindia.indiatimes.com/2013-09-08/chennai/41873523_1_fiancee-man-elopes-sekar

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

‘There’s a lack of positive space for men’

‘There’s a lack of positive space for men’

A family court has said that if a wife insults her husband in the presence of his friends or in the presence of her friends and relatives, it amounts to cruelty. dna gets one man talking

Amit Deshpande

There is no help for a man if the wife is abusive. The judgment where the court granted divorce to a man who accused his wife of mental cruelty, citing her abusive behaviour towards him, his friends and his relatives needs to be supported. In a marital set-up, if a wife keeps on humiliating her husband for whatever reasons — financial or sexual incompetence — the man is bound to feel a loss of dignity and it is in no way different than the loss of dignity of a wife for any reason. We should see this in the same view of a man humiliating his wife by attacking her womanhood — when she is unable to bear a child — or even if he taunts her for her looks. As a progressive and just society, we should discourage any form of humiliation based upon gender roles. The Supreme Court has given many judgments in which it has granted divorce when the wife has been abusive towards her husband and insulted him in public. Today, men have no place to go to for help if they have an abusive wife or one who shows signs of compulsive obsessive disorder. Men do not even ask for help and continue to suffer in abusive relationships as it is considered unmanly to seek help. The real problem lies in the fact that society functions by creating competition among men. Unfortunately, in the patriarchal social mindset, a man has to earn his manhood to gain respect and survive. The emotions of a man are not respected in the same way as the emotions of a woman are. With the increasing focus on women’s issues, there is a lack of positive space for men in society. Many a time it is found that men turn violent towards themselves and take the extreme step. Every year, over 63,000 married men commit suicide in India. These men are mostly those who have proven their manhood and have become eligible for marriage, including many professionals. According to the principles of natural justice, this judgment seems a step in the right direction. ‘Humiliating hubby is cruelty’, p5

http://epaper.dnaindia.com/story.aspx?id=51372&boxid=30566&ed_date=2013-09-05&ed_code=820009&ed_page=3

Man kills son-in-law, his father

BAHRAICH: A man killed his son-in-law and his father when his daughter married against the wish of her parents on Friday night.

The police said that the assailants opened fire at the two persons in Chaukharia village. The man died on the spot while the son died in the hospital.

A case had been registered against four persons on the complaint of the man's wife. No arrests have been made.

Onkar Sahu (50), a resident of Chaukharia village was sleeping at his shop near Dhannu village. The assailants opened fire on him at night.

The attackers then reached his house and shot at his son Sunil (30). http://timesofindia.indiatimes.com/city/allahabad/Man-kills-son-in-law-his-father/articleshow/22219409.cms 

Suicide note not enough proof of abetment: Bombay HC

This is really shame on India & Indian's, when one lady dies without her suicide note it is confirmed that 498a case & legal process starts but when one Man dies with Suicide note making his in-law & wife responsible still it is not accepted by law & media, Shame! Shame!! Shame!!!

MUMBAI: The Bombay high court on Tuesday observed that a suicide note alone was not enough proof in a case of abetment of suicide and dismissed an appeal against acquittal in one case. In the absence of independent evidence to prove a case of abetment, Justice A H Joshi dismissed the appeal filed by the victim's family.

The judge was hearing an appeal filed by the family of a suicide victim against the acquittal. The appeal, filed last year by one Sunil Bhavsar, challenged a sessions court verdict of acquittal. His lawyer argued that it was a case in which a woman was pushed into committing suicide and that a suicide note she left behind "proved the abetment charge". She was harassed and threatened, the lawyer argued.

The case was from Nashik and the lawyer said a complaint was filed in 2010 with the Nashik police about the harassment and threats she faced that led to her eventual suicide. Hence, the abetment to suicide charge is proved, he argued and the acquittal ought to be overturned.

The state did not file an appeal. The appeal itself was dismissed, by default, by the HC earlier in March 2013 as the lawyer for the appellant had not turned up on a date when it was scheduled for a hearing.

On Tuesday, when the lawyer for the victim's family stressed on the suicide note and threats she allegedly received before the suicide, Justice Joshi said, "This is no mathematical equation, that a suicide note plus threat equals abetment...If harassment is proved, show the proof," the HC said. The judge said, "A threat to kill is not abetment. (Giving) An advice to kill is also not abetment."

In case of a suicide, higher courts have held that in each case the circumstances and evidence is crucial to decide whether there was abetment, which would involve acts by another person to actually instigate the person into committing suicide, the SC has held.

WHAT THE SC HAS HELD

"If it appears to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and difference in domestic life quite common to the society to which the victim belonged and such petulance, discord and difference were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty." http://timesofindia.indiatimes.com/india/Suicide-note-not-enough-proof-of-abetment-Bombay-HC/articleshow/22108153.cms?intenttarget=no 

Tamil Nadu tops country in cases of domestic violence

Tamil Nadu tops country in cases of domestic violence

CHENNAI: Disturbing statistics released by the National Crime Records Bureau (NCRB) show that domestic violence is much more prevalent in Tamil Nadu than any other state in the country.
The NCRB data shows the state registered 3,838 cases of domestic violence in 2012 — or 84% of all complaints (4,567) of domestic violence recorded across the country.

Tamil Nadu recorded the most cases of domestic violence in the country, 3,983, last year too, a finding cited by minister for women and child development Krishna Tirath on August 14.
Experts offer several reasons for the high numbers in the state. These include greater awareness about the law in Tamil Nadu and due to an increase in education among women. Police officers, however, say tolerance levels are plunging among young couples, and this has led to a spurt in complaints.
Most complainants are women from middle-class and upper middle-class families.
The Protection of Women from Domestic Violence Act was enacted by the Union government in 2005 to protect women from violence at home.

http://articles.timesofindia.indiatimes.com/2013-08-19/india/41424743_1_domestic-violence-act-tamil-nadu-ncrb 

Man dies in 'police custody'

Man dies in 'police custody'

PATNA: A man, arrested in a dowry case, allegedly died in police custody at Salimpur on Thursday morning.
Salimpur SHO said, "Deceased - Gajendra Prasad Mishra was arrested on Wednesday night in a dowry case lodged by one Dinesh Jha, the father-in-law of Mishra's youngest son Ravi Mishra. On Thursday morning, he started vomiting. We immediately took him to Bahadurpur hospital where he was declared brought dead by the doctors. We are investigating the reason of his death."

According to the police, Ravi Mishra was married to Manita, Dinesh's daughter, who on April 2 this year committed suicide after consuming poison. Dinesh lodged an FIR against Gajendra, Ravi and his mother Shubhkala Mishra for dowry death.
Deceased brother Vijay Mishra said that Dinesh had struck a deal of Rs 3 lakh with his brother to take back the case. "My brother went to meet Dinesh on Wednesday and gave Rs 2.5 lakh with condition of paying rest of the amount only after the withdrawal of the case. Dinesh took the money and offered him a soft drink. Later when my brother left the place, Dinesh called up the police and get him arrested. He was brought to Salimpur police station on Wednesday night," Vijay said.
Vijay further said Dinesh must have poisoned the soft drink that he offered to his brother.

http://articles.timesofindia.indiatimes.com/2013-08-09/patna/41237318_1_dowry-case-wednesday-night-thursday-morning 

It’s Freedom Friday for harassed husbands near Nagpur; “Independence Day” today!!

It’s Freedom Friday for harassed husbands near Nagpur; “Independence Day” today!!

Nagpur News.
It’s a male’s day altogether…or the Husband’s Independence Day to be more precise. While the people across the nation might have celebrated Independence Day on Thursday in solidarity with the traditional practice, a handful group of men acted otherwise. Feeling leftover in the series of issues pertaining to individual rights, husbands have moved a step forward in affirming their self in their own right and marked Friday as their day of ‘Independence’. The city of Nagpur would be a part of the one of its kind revolution which is running into its fifth year.
5^th National Men’s Rights Conference 2013, an event jointly conducted by a group of organizations fighting for equal rights to men in Hindu marriages would be held Friday at
Pench Jungle Home Resort near Nagpur.
Arnab Ganguly, a member of one of the participating organization called INSAAF told Nagpur Today, “We have found Nagpur as our strong chapter. We have got strong support from over 3500 members here. It is centrally located and easier to reach. So this year we have chosen this venue for conducting our event.
He told Nagpur Today, “On Friday we will be conducting the conference while tomorrow we would be debating on marriage laws.”
He informed that last year we could not conduct the event as we had moved to Delhi to press for the amendments in Hindu Marriage Bill. “Our previous events were conducted in Shimla, Kolkata and Yercaud in Tamil Nadu. We are fighting for the men’s rights as the provisions of current Hindu marriage bill are extremely dangerous and essentially targeting men in Hindu marriages. It allows wives to acquire 50% of the ancestral property. Even when the Hindu man is not married, 50% is accorded to his wife although she has not contributed in the property. This is very dangerous act which affects Hindu families badly. It will push husbands to become criminals. We want the government to make amendments but it did not pay any heed. Even the proposal is awaiting to be tabled in Lok Sabha or Rajya Sabha. It would be put up by Monday or Tuesday,” he said.
Another organization Child Right Initiative for Shared Parenting (CRISP) working towards the equality of parenting rights among married men and women is participating in the movement to push the envelope further.
Kumar Jahangirdar, founder and president, CRISP said, “We did not participate in the celebrations Thursday to mark the country’s Independence Day. We, a group of men who are seeking parenting rights and joint custody of their child, are meeting in Nagpur on Friday to demand ‘freedom’ from women-centric laws.
Over 100 men from across the country would participate in today’s movement. CRISP, which has been fighting for the rights of fathers and children for more than five years, in partnership with Save Indian Family, has organised this annual event which would be conducted for fifth year in a row.
Among the issues slated for discussion during the summit are Marriage Laws Amendment Bill of 2010. “The law makers have an assumption that children always live with the mother and she alone is enough to protect the child’s welfare which is simply unscientific and against nature. It also violates the spirit of the Indian constitution,” Jahgirdar said.
The bill, he said, also allows the mother to claim paternal ancestral property and the children’s share of it, which can also lead to likely misappropriation by step-fathers and step-siblings.
“The government of the people seems to be more interested in women’s rights than innocent children’s rights, simply because children are not vote banks, though they represent more than 40 percent of our population,” he said.
Another member, a software engineer in Nagpur, said, “Men have no platform to lodge a complaint when they face harassment from their wives.”

Most of the time, he said, the wives extort money by lodging false dowry cases and even deny the right of a father to meet his children, even when he has the court’s consent.
“We urge society and its stakeholders to treat fathers with dignity and accept the scientific fact that children deserve their father’s natural love and care as much as their mother,” a statement from CRISP said.


https://www.nagpurtoday.in/its-freedom-friday-for-harassed-husbands-near-nagpur-independence-day-today/ 

I enjoyed my stay in jail: James Vasanthan

I enjoyed my stay in jail: James Vasanthan

Popular music director/anchor James Vasanthan was recently arrested for allegedly abusing his 63-year-old neighbour. Now, he is out on bail, and, he opened up to Chennai Times about his arrest. He says, "It was around 3.30 pm on Sunday when cops came into our house. Though initially I was not told about the arrest, later I was informed that I would be held. They didn't even tell me on what charge they were arresting me. Following that, I was imprisoned in Puzhal jail for two days."

He was accused by the woman for displaying indecent gestures in public. Reacting to the allegations, he says, "Some women take the sexual harassment law to their advantage and target innocent men like me. This is not the first case that has been forced on me. I know very well that this woman does everything with the support of the top cop in the city."
Trouble started for the composer when he bought a house in Palavakkam in 2011. "Since then, this neighbour is causing trouble. Her intention is to get our place which she asked us to sell to her when we first bought it. At first, she filed an attempt-to-murder case and now, she lodges a sexual harassment case. I will legally disprove all these false allegations."
James has spent nearly 48 hours in the prison. He says, "I have a positive approach to life; so, I enjoyed my stay in the jail. My wife has been my pillar of strength during this crisis. I will strive hard for justice."

http://articles.timesofindia.indiatimes.com/2013-08-09/news-interviews/41237107_1_james-vasanthan-sexual-harassment-case-neighbour

Man dies in 'police custody'

Man dies in 'police custody'

PATNA: A man, arrested in a dowry case, allegedly died in police custody at Salimpur on Thursday morning.

Salimpur SHO said, "Deceased - Gajendra Prasad Mishra was arrested on Wednesday night in a dowry case lodged by one Dinesh Jha, the father-in-law of Mishra's youngest son Ravi Mishra. On Thursday morning, he started vomiting. We immediately took him to Bahadurpur hospital where he was declared brought dead by the doctors. We are investigating the reason of his death."

According to the police, Ravi Mishra was married to Manita, Dinesh's daughter, who on April 2 this year committed suicide after consuming poison. Dinesh lodged an FIR against Gajendra, Ravi and his mother Shubhkala Mishra for dowry death.

Deceased brother Vijay Mishra said that Dinesh had struck a deal of Rs 3 lakh with his brother to take back the case. "My brother went to meet Dinesh on Wednesday and gave Rs 2.5 lakh with condition of paying rest of the amount only after the withdrawal of the case. Dinesh took the money and offered him a soft drink. Later when my brother left the place, Dinesh called up the police and get him arrested. He was brought to Salimpur police station on Wednesday night," Vijay said.

Vijay further said Dinesh must have poisoned the soft drink that he offered to his brother. http://timesofindia.indiatimes.com/city/patna/Man-dies-in-police-custody/articleshow/21718809.cms