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Showing posts with label misuse. Show all posts
Showing posts with label misuse. Show all posts

Sunday, 1 September 2013

Ghaziabad: Wife kills husband over drinking habits

What will happen if Husband kills wife bcoz she has drinking habits will law take it so smoothly, Domestic violence is it happening on Men or Women?

A 48-year-old woman allegedly bludgeoned her husband to death after she had a heated argument with him at their residence in the Rampuri area of Ghaziabad.
Police said Shanta Devi told them that her husband Sriram Sharma (54), a businessman, was an alcoholic and frequently fought with her and assaulted her. Shanta has been arrested for his murder.
Police said the couple lived with their daughter, who is an MBA student in Ghaziabad. On Tuesday, Sriram came home drunk and fought with his wife over a trivial matter, police said.
"The two had been having arguments for a while. Sriram had a transport business, which wasn't doing very well. As a result, the family's finances were suffering and it's possible that Sriram had taken to drinking because of this," Ranvijay Singh, Ghaziabad Deputy Superintendent Police, said.
Police said Sriram would often assault his wife while he was in an inebriated state. After her arrest, Shanta told police that the constant abuse — both physical and mental — had driven her to the murder.
Police said when the daughter saw her parents fighting, she tried to intervene and was told by her mother to go to the next room. "Following this, Shanta hit him on the head with a hammer. Death was almost instantaneous. After killing him, she covered him with a blanket and went off to sleep in the next room," Singh said.
Police said the body was discovered by the daughter on Friday morning, after which she informed the police.
This is the second such incident in National Capital Region in the last two days. On Thursday, an elderly woman was bludgeoned to death by unknown assailants inside her Malviya Nagar residence.

 http://www.indianexpress.com/news/ghaziabad-wife-kills-husband-over-drinking-habits/1162564/?SocialMedia 

Lawyer felicitated for contribution in cause of men

ALLAHABAD: A High Court lawyer Arvind Kumar Pandey was felicitated by a section of lawyers for receiving an award at fifth National Men's Rights Conference held in Nagpur recently, for outstanding contribution in championing the cause of men in national and International arena, during a programme organized at Indian Coffee House on Saturday.

Addressing the lawyers, Arivind Kumar Pandey said, "Biased criminal laws have spoiled the lives of many men charged under the Dowry Act. The laws like Domestic Violence Act, IPC 498 a, and Maintenance Act, to name a few are heavily tilted in favour of women and have done more harm than producing good effects."

The Men's Rights National conference, held at Pench Tiger Reserve in Nagpur was attended by more than 150 men's rights activists, who represented 40,000 activists spread across India and other parts of the globe.

This year's national conference was held under the aegis of Nagpur Chapter of Save Indian Family Foundation (SIFF), now being run by Rajesh Vakharia. Few prominent International Men's Rights Associations like Marital Justice from United Kingdom and INSAAF from USA besides Men's Rights activists from Germany, Singapore, Japan, Australia, South Africa, Middle East, Japan and Russia also attended the conference.

Informing about the resolutions passed at fifth Men's Rights conference Arvind Kumar Pandey, who attended the conference as a writer and blogger said, "The first resolution was aimed at formation of Men's Welfare Ministry while the next resolution aimed at reducing the number of men involved in hazardous professions and another important resolution dealt with creation of gender-neutral treatment in legal aspects. Recognition of the rights of fathers, making shared parenting necessary in wake of separation was another major demand made on the occasion. The activists were unanimous in rejecting the highly biased Marriage Law Amendment Bill, 2010, and demanded its roll back. Lastly, the need to make huge investment in areas of Men's health was deeply felt."

The felicitation ceremony at Coffee House, Allahabad, was attended by advocates including Neeraj Shukla, Sampanna Kumar Srivastava, Ashish Nigam, Satyadhar Dubey, Arvind Kushwaha, Pintu Jaiswal, Shubhranshu Pandey, Arun Prakash Srivastava, Mohit Kesarwani and few others.
http://timesofindia.indiatimes.com/city/allahabad/Lawyer-felicitated-for-contribution-in-cause-of-men/articleshow/22197623.cms 

Wednesday, 28 August 2013

Marriage law: The 'Inter Continental Ballistic Missile' of a Bill

The Marriage Laws (Amendment) Bill, approved by the Rajya Sabha on Monday, has long been pegged the 'Intercontinental Continental Ballistic Missile' (ICBM) Bill by protesting men's groups, for its inclusion of the 'Irretrievable Breakdown of Marriage (IBM)' clause as a valid condition for divorce.

Virag Dhulia, a men's rights activist and head of gender studies at the Bangalore-based Confidare Research says, "The Rajya Sabha has betrayed us. We now hope the Lok Sabha MPs will not let us down." Men's groups like Dhulia's partnered with Men's Rights Association, Pune and have been protesting the Bill for months now. In December 2012 they led a rally to Jantar Mantar and courted detention on May 1, 2013 en route the Prime Minister's residence. Their objections to the Bill are that it will blindly give away property in the name of marriage, that men will stop marrying to prevent this, thus destabilizing the institution of marriage.

"Whichever country has these clauses also has supportive laws like a legalization of pre-nuptial agreements, which India doesn't have. India is cherry picking laws that suit them, which can prove disastrous. In 2011, China rolled back a law like this because men had stopped marrying and stopped buying property" Dhulia warns.

But the Bill is in fact far reaching and thought out over a period of decades. The first proposals for amendments to the Hindu Marriage Act came from the Law Commission in 1978. Two more Law Commission reports, several Supreme Court Judgements and after much debate among invested parties led by women's groups like Majlis, the Bill has been tabled.

Chakshu Roy, head of technology initiatives at PRS Legislative Research, New Delhi says, "The Law Commission and the Supreme Court have on a number of occasions recommended the inclusion of irretrievable breakdown of marriage as a ground for divorce. The Law Commission suggested that before a divorce is granted on this ground, the court should ensure adequate financial arrangements have been made for the parties and children. The Bill incorporates these suggestions and introduces this ground for divorce and makes financial provision for the wife and children."

What the Bill essentially says is that there are certain conditions based on which either the husband or wife can apply for divorce. These are cruelty, medical reasons such as communicable diseases, mental illnesses, desertion. The Bill essentially sought to correct the lacuna that arose from the need to dissolve the marriage in the eventuality that none of these stand i.e. the dissolution of marriage due to an organic breakdown.

The Irretrievable Breakdown of Marriage clause allows a woman or a man to exit on the premise that she is unfulfilled or unhappy in a marriage after a three year period of separation. The wife also bears the right to block a divorce thrust upon her if she can prove she will be in grave financial hardship. The Bill will also allow the court to consider a waiver of the 6-18 month lock-in period for couples who file by mutual consent.

A huge triumph, points out activist and head of women's group Majlis, Flavia Agnes, is the Bill's determination of the compensation due to the wife. In doing so, the Bill now allows the court to take into account inherited and inheritable properties. This becomes a crucial factor in cases where husbands are able to sell off properties in their name and prove they have no assets, leaving the wife without compensation.

Men's groups protest this clause saying it allows women to divorce a man after five days and "clean him out". Agnes dismisses concerns stating that women have gotten the short end of the stick for far too long.

A lot of the debate has been ill-informed. Advocates state that the court will consider many factors while making such a decision. As any nuclear armed country knows, setting off a missile isn't so simple, there are many check points.

Court sentences 7 year imprisonment to woman for buying minor


A woman has been sent to jail for seven years by a Delhi court for buying two minor girls for prostitution and abetting their rapes.
Additional Sessions Judge T R Naval sentenced 30-year-old Pooja to seven years rigorous imprisonment for the crime, saying it has been proved that she purchased the minors for the purpose of prostitution, wrongfully confined them and also abetted other persons to forcefully have sexual intercourse with the girls.
"This court has come to the conclusion that entire evidence has proved that accused Pooja committed offence of buying minors for the purpose of prostitution, offence of wrongfully concealing and confining prosecutrix No. 1 and 2 (victims) and other girls after kidnapping them with the purpose to use them for the purpose of prostitution.
Court sentences 7 year imprisonment to woman for buying minor  Court sentences 7 year imprisonment to woman for buying minor
"Therefore, it is bounden duty of this court to hold accused no.3 (Pooja) guilty and convict her," the court said.
The judge said it has been proved that she used to present the girls to many customers, who used to pay her for the purpose of physical relations.
It imposed a fine of Rs 20,000 on Pooja and said that Rs 5,000 each be given to the two victim and that they will also be entitled for other compensation as per law.
Out of the two accused, Meena was declared a proclaimed offender and the court said the evidence placed on record will be read against her. Another accused Mohd Saleem was earlier convicted by the court after he had confessed his guilt.
According to the prosecution, the police conducted a raid at a house in Laxmi Nagar and at a brothel in G B Road in April 2004 and two girls were rescued. The girls told the police that they were kidnapped by the accused persons after being given a sedatives-laced drink.

http://ibnlive.in.com/news/court-sentences-7-year-imprisonment-to-woman-for-buying-minor/417385-3-244.html

Tuesday, 27 August 2013

Monday, 26 August 2013

Indian men treated as Collateral Damage

Collateral Damage is what I begin to feel can best describe the situation for treatment of men in India, after watching a discussion by parliamentarians. The Indian parliament passed a bill that would amend the Hindu Marriage Law introducing new grounds of divorce under a situation described as “Irretrievable Breakdown of Marriage.” Needless to say it is heavily loaded against men and is being passed on as “social justice.”
India had a hierarchical caste system, wherein the lower castes were denied certain opportunities, while the higher castes carried certain responsibilities and enjoyed liberties. In some ways, when the question of emancipation of the neglected came, it was found justifiable that sharing the limited resources by denying rights to one section and handing it over to another was social justice.
Later another form of social justice came up. This time with the baggage of a false notion of “patriarchy,” India was convinced that women have been deprived of rights and they need empowerment. Although, the definition of women remained, and even now remains only restricted to, being a wife. Any other role of woman in a household -mothers and sisters of a husband- does not evoke the same emotions due to some convoluted perception of a marital set-up by feminists and their backers.
Laws after laws are being created, which are being called pro-women, but in reality are only anti-men. When the flaws in these laws are highlighted the arguments usually end-up with mentioning of the historical disadvantage that women have had in India. Misandry like a hydra-headed monster rises in all of its forms. Somehow, it has become acceptable to unnecessarily punish the men of today to try to salvage the situation of women.
The men of my generation have begun to wonder if they are being used as fodder, so that the proponents of social justice could counter the sense of guilt in their hearts. Every politician we meet says he understands we are being discriminated against. Every person agreed that the law being framed for Irretrievable Breakdown of Marriage was biased against men. Most tried to explain to us how the society in general is going through a transitional phase and ‘some’ men will suffer until equilibrium is attained. Never mind that they want to dismiss the facts about the ‘some’ men being a humungous number of 65000 married men committing suicide every year in India. The urge for the soothsayers to live in denial, makes them forget that the figure means every 7 minutes a married man commits suicide in India.
They can continue to become reason for someone’s death. But we refuse to become ‘Collateral Damage’ in their process of attaining self-satisfaction to achieve some irrational form of social justice. The Men’s rights movement in India is only getting stronger and it reflects in today’s discussion on the amendment to the marriage law in Rajya Sabha – the upper house of parliament. The discussion on this law has been another landmark for men’s rights in India, with many members from opposition regional political parties voicing the agenda of men’s rights in parliament which will go on record in the annals of history. The Law Minister had to misinform the house, at certain points to gain support, for e.g. he said the bill is gender neutral, when he knows it is not – a husband cannot oppose a petition filed by a wife, property(self-acquired before or after marriage, inherited and also inheritable) of only the husband is considered for division. The statements will be well documented in the records. History will judge that the people who brought this law were on the wrong side of justice.
The discussion has been storified here http://storify.com/antidespondent/irretrievable-breakdown-of-marriage-discussion-in
The only fear is the passage of this law, should not accelerate the numbers of suicides by men, who might feel there is no hope of help from the society. Thereby lies, the next challenge for the men’s rights activists in India, to continue reaching out to a populace of 500 million men.
 
 
http://www.avoiceformen.com/mens-rights/indian-men-treated-as-collateral-damage/ 

Monday, 5 August 2013

न्यायालय भवन से कूद युवक ने दी जान

न्यायालय भवन से कूद युवक ने दी जान
कानपुर, हमारे संवाददाता: ससुराल वालों की प्रताड़ना से पीड़ित युवक ने न्यायालय भवन की पांचवी मंजिल से कूदकर जान दे दी। तलाशी के दौरान जेब से मिले सुसाइड नोट में उसने इसका जिक्र किया है। ससुराल वालों के खिलाफ उसने एसएसपी से गुहार भी लगाई थी।
न्यायालय भवन में शनिवार अपराह्न डेढ़ बजे एक युवक के पांचवी मंजिल से छलांग लगाने के बाद हड़कंप मच गया। सूचना पर कचहरी चौकी इंचार्ज अखिलेश गौड़ मौके पर पहुंचे और युवक को उर्सला ले गए जहां डाक्टरों ने उसे मृत घोषित कर दिया। तलाशी के दौरान मृतक की जेब से एक प्रार्थना पत्र व एक समाचार पत्र का आईकार्ड मिला। प्रार्थना पत्र के पीछे मृतक ने सुसाइड नोट भी लिखा था। पुलिस ने प्रार्थना पत्र पर लिखे पते पर सूचना दी तो फीलखाना निवासी अमित गुप्ता ने मौके पर पहुंचकर मृतक की शिनाख्त छोटे भाई अनुज गुप्ता के रूप में की। अमित के मुताबिक अनुज कैनाल रोड स्थित अपनी दुकान में थे। पूर्वाह्न 11 बजे एक फोन आया जिसके बाद वह बिरहाना रोड जाने की बात कहकर चले गए। अपराह्न 1:30 बजे पुलिस ने घटना की जानकारी दी।
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ससुराल वालों से था प्रताड़ित
बड़े भाई अमित के मुताबिक अनुज की शादी चार साल पहले इटावा बाजार की प्रगति संग इस शर्त पर हुई थी कि वह उसे लेकर परिवार से अलग रहेगा। प्रगति विदा होने के बाद ससुराल न आकर किराए के घर में रहने गई थी। परिवार से अलग रहने के कारण अनुज पर ससुराल वालों का दबाव था। वह अक्सर उसके साथ मारपीट करते थे। इस बात का जिक्र अनुज ने 22 जून को एसएसपी को दिए प्रार्थना पत्र में भी किया था। पत्र के मुताबिक 16 जून को उसकी गैर मौजूदगी में ससुर राम बिहारी, सास शीला, साढू़ प्रशांत कई लोगों के साथ घर आए थे। एक लाख नकद व सोने के गहनों के साथ पत्नी को लेकर चले गए थे। उसने ससुराल वालों से संपर्क किया तो उन्होंने जान से मारने की धमकी देते हुए कहा कि जब तक अपनी दुकान में साढ़ू को जगह नहीं दोगे तब तक न तो सामान वापस होगा और न ही पत्‍‌नी आएगी।
ससुर पर लगाया गंभीर आरोप
तलाशी में अनुज के पास पुलिस को जो प्रार्थना पत्र मिला, उसी के पीछे सुसाइड नोट लिखा है। इसमें ससुर पर जबरन अप्राकृतिक यौन संबंध बनाने का आरोप लगाया गया है। आरोप है कि ससुर इस बात पर ब्लैकमेल करने के साथ दुकान हड़पना चाहते थे।
दी थी मुकदमे की अर्जी
ससुराल वालों की प्रताड़ना से परेशान अनुज ने सीआरपीसी की धारा 156(3) के तहत पत्‍‌नी व ससुराल पक्ष के खिलाफ मुकदमे की अर्जी दी थी। इसमें फीलखाना पुलिस ने अपनी रिपोर्ट भी लगा दी है। अधिवक्ता शैलेंद्र चौरसिया के मुताबिक उन्होंने एक मुकदमा मीडिएशन सेंटर में भी दाखिल किया था। उधर, पत्नी के दहेज प्रार्थना पत्र पर मध्यस्थता एवं सुलह समझौता केंद्र में दोनों के बीच एक बार बात भी हो चुकी थी।

http://www.jagran.com/uttar-pradesh/kanpur-city-10619157.html 

Monday, 8 July 2013

नौकरी जाने का कारण बनने वाली पत्नी से तलाक उचित

नौकरी जाने का कारण बनने वाली पत्नी से तलाक उचित

नई दिल्ली। अगर किसी महिला के कारण उसके पति की नौकरी चली जाती है तो यह तलाक का एक ठोस आधार है। इस टिप्पणी के साथ तीसहजारी कोर्ट की अतिरिक्त जिला न्यायाधीश सीमा मैनी ने पूर्व सिविल जज को उनकी पत्‍‌नी, जो खुद भी जज हैं, से तलाक को मंजूरी प्रदान की।
हरियाणा के एक पूर्व सिविल जज ने अपने अधिवक्ता अमित साहनी के माध्यम से दिल्ली में न्यायिक अधिकारी के रूप में कार्यरत अपनी पत्‍‌नी से तलाक के लिए अदालत में याचिका दायर की थी।
याचिका में पूर्व सिविल जज ने कहा था कि उन्होंने वर्ष 2009 में हरियाणा न्यायिक सेवा में कार्यरत एक महिला जज से प्रेम विवाह किया था। बाद में उनकी पत्‍‌नी ने हरियाणा में नौकरी से त्यागपत्र दे दिया और दिल्ली न्यायिक सेवा में नौकरी कर ली। खुद के विवाहित होने की बात छिपाते हुए दिल्ली में रहने लगी।
विवाह के लिए रिश्ते खोजने वाली एक वेबसाइट पर अपना प्रोफाइल भी डाल दिया। यही नहीं, महिला जज ने अपने के खिलाफ पंजाब एंड हरियाणा हाईकोर्ट में शिकायत की। जिसके कारण महिला जज के पति को अपनी नौकरी गंवानी पड़ी। शिकायतकर्ता का आरोप था कि महिला जज अक्सर उसे फोन पर धमकाती है और उसके घर पर जाकर झगड़ा करती है। जिससे उसकी जिंदगी नरक बन गई है। लिहाजा, उसे तलाक दिया जाए। अदालत ने पत्‍‌नी के पति की नौकरी जाने का कारण बनने को तलाक का ठोस आधार मानते हुए पूर्व जज को पत्‍‌नी से तलाक प्रदान किया।

http://www.jagran.com/news/national-9092031.html 

Friday, 5 July 2013

Singer Hemanth accused of dowry harassment

Singer Hemanth accused of dowry harassment

Domestic controversies don't seem to leave the Kannada industry people, after the news of Duniya Vijay filing for divorce, comes the news of popular singer, Hemanth, being accused of dowry harassment by his wife, Priyadarshini.

According to sources, the police have registered a B Report in the case and filed the same to court, which means that there is no evidence in the dowry case. In 2009, Priyadarshini had filed a complaint against Hemanth and his family following which, Hemanth was arrested and spent two days in jail before he was released on bail.

It has been alleged that now the couple is involved in a settlement issue over the payment of one-time alimony. It seems to now have shadowed hemanth's career which he had managed to salvage bit by bit. However, the cops deciding that the case is false will be a major boost for Hemanth. 
 http://timesofindia.indiatimes.com/entertainment/regional/kannada/news-interviews/Singer-Hemanth-accused-of-dowry-harassment/articleshow/20927625.cms 

Wednesday, 3 July 2013

Is India's suicide law being misused?

Is India's suicide law being misused?

Last year, more than 13,000 farmers killed themselves in India.
Most were saddled with steep debts, having failed to pay back loans they had taken from banks, micro-finance companies and money lenders after their crops failed. Farm suicides - nearly 300,000 since 1995 - are India's shame, a colossal national tragedy.
But, can the lenders be lawfully charged with abetting such suicides?
Going by India's laws, yes. The country's 153-year-old penal laws say abetting suicide can fetch the offender up to 10 years in prison and a fine.
In May, Sudipta Sen, a businessman who allegedly defrauded thousands of depositors in the eastern state of West Bengal, was charged with abetting the suicide of a "depressed" investor.
File photograph of Jiah Khan Jiah Khan's mother accused Mr Pancholi of abusing her daughter
So was Suraj Pancholi, who was arrested after his girlfriend, Bollywood actress Jiah Khan, killed herself last month.
Mr Pancholi spent time in prison after police announced they intended to charge him with abetment. He was bailed on Monday, with the judge saying he did not appear to have a motive for inciting his girlfriend to kill herself.
Tuesday's papers reported a similar incident. The former boyfriend of a film editor, who allegedly took her life, has been detained and charged with abetment of suicide in Mumbai. Reports said she had accused her boyfriend of rape and, more recently, he had called off their planned wedding.
India's Supreme Court has repeatedly said that to convict a person for abetting suicide, it has to be proved that they instigated the suicide or that "there was a clear intention to commit the offence".
"It's not easy to prove," leading lawyer KTS Tulsi tells me. "It's like showing the gun, showing the poison [to the victim] and telling him or her, 'go ahead and die'. That's the kind of active facilitation which is not easy to prove."
No wonder the conviction rate in cases of abetment to suicide is abysmally low - 1-2%, Mr Tulsi says. More than 135,000 people took their lives in India in 2012 - more men than women, and the majority of them married.
Mr Tulsi accuses the police of abusing the law. "The law is very clear about how abetment should be defined. Unfortunately, our police are not literate enough in grasping the finer definitions of laws. The result is unnecessary harassment of people," he says.
Legal experts believe India still needs the law, considering the large number of women who still take their lives following dowry demands. More than 8,000 dowry deaths were reported in India last year, according to the National Crime Records Bureau. A third of the offenders were convicted. Lawyers believe many of these convictions related to the suicide of a dowry victim were secured after proving the abetment charge.
However, India possibly needs to scrap the other colonial-era law that makes it illegal to take your life. It is a crime that can fetch you a year of prison time. England scrapped a similar law in 1961, but the former colony still persists with what many believe is a retrograde measure.

http://www.bbc.co.uk/news/world-asia-india-23140888