Jail inmate commits suicide
RANCHI: An inmate of Dhanbad
district jail, an under-trial who was accused of killing his wife for
dowry, committed suicide on Wednesday night. The under-trial had been
sent to the jail on Wednesday morning and he killed himself at night.
Jail authorities found the body of Ratan Kumar Gupta, 23, hanging from the ceiling in the bathroom of district jail, around 200 km from Ranchi. Sources said that Gupta was arrested after his wife committed suicide recently.
Jail superintendent
Sudhir Chandra Jha said that Gupta seemed to be under depression. "He
did not show any unusual behavior during dinner," Jha said. The deputy commissioner of Dhanbad has ordered a magisterial probe into the matter. http://timesofindia.indiatimes.com/city/ranchi/Jail-inmate-commits-suicide/articleshow/20093360.cms
Friday, 17 May 2013
गैंग रेप का आरोप लगाने वाली महिला निकली 'फ्रॉड'
गैंग रेप का आरोप लगाने वाली महिला निकली 'फ्रॉड'
नई दिल्ली. बीते साल 16 दिसंबर को नई दिल्ली में चलती बस में हुए गैंगरेप के मामले की सुनवाई सोमवार से फास्ट ट्रैक कोर्ट में शुरू हो गई है। इस केस के बाद देश भर में महिलाओं की सुरक्षा और सम्मान को लेकर काफी बहस हुई और हंगामा भी हुआ, लेकिन बलात्कार की घटनाएं रुक नहीं रही हैं। (इलाहाबाद में वीसी पर छेड़छाड़ का केस)
लेकिन इन सबके बीच चंडीगढ़ की घटना ने सभी को हैरान कर दिया है। पंजाब
पुलिस ने दावा किया है कि गैंग रेप का आरोप लगाने वाली महिला ने आरोपियों को जानबूझकर फंसाया
है। समाचार एजेंसी 'पीटीआई' ने बठिंडा के एसएसपी रबचरण बरार के हवाले से
कहा है कि गैंग रेप की शिकार महिला के खिलाफ साल भर पहले पंजाब के फजिल्का
में हत्या की कोशिश का एक मामला दर्ज है और वह फिलहाल बेल पर थी।
एसएसपी ने कहा कि गैंग रेप की शिकार महिला नर्स है और इससे पहले
बठिंडा में काम कर रही थी जहां वह एक सुनील नाम के शख्स से संपर्क में आई
जो विवाहित है। दोनों के बीच रिश्ते बने। इसी बीच, सुनील की पत्नी का
एचआईवी टेस्ट पोजिटिव आया। सुनील की पत्नी ने अपने पति और इस महिला के
खिलाफ शिकायत दर्ज कराई। सुनील अब भी जेल में बंद है जबकि यह महिला जमानत
पर बाहर आ गई है।
महिला के आरोपों के मुतातिबक शुक्रवार को चंडीगढ़ के सेक्टर-43 बस
स्टैंड से उसे अगवा किया गया और दो दिन तक बंधक बनाकर रखा गया। उसका अश्लील
वीडियो भी बनाया गया। रविवार शाम 5.45 बजे उसे बठिंडा-डबवाली रोड पर कार
से फेंक दिया गया। एक व्यक्ति ने उसे सड़क पर बेहोश देखा और बठिंडा के
सिविल अस्पताल में भर्ती कराया। लड़की की हालत खतरे से बाहर बताई जाती है।
लेकिन जब भी उसे होश आ रहा है, वह सिहर उठती है। (पढ़े़ : अस्पताल का ताजा हाल, चश्मदीद का बयान!)
लड़की ने बताया कि कार में एक महिला और दो पुरुष थे। एक व्यक्ति ने
इंजेक्शन लगाकर उसे बेहोश कर दिया। जब उसे होश आया तो उसने खुद को एक कमरे
में पाया। एक व्यक्ति उसका अश्लील वीडियो बना रहा था। पुलिस ने बताया कि बेहोशी की हालत में छात्रा के साथ कई लोगों ने दुष्कर्म किया। उसे बार-बार बेहोश कर उसके साथ गैंगरेप किया गया।
मोगा के लंडेके गांव की 26 वर्षीय छात्रा ने शुक्रवार दोपहर सेक्टर-43
बस स्टैंड के बाहर एक कार वाले से मुकुट अस्पताल का पता पूछा था। उस
व्यक्ति ने उसे बातों-बातों में अपनी कार में धकेल दिया। लड़की चिल्लाई।
लेकिन, जब तक कोई उसकी आवाज सुनता, आरोपी कार को तेजी से भगा ले गया।
Tuesday, 14 May 2013
Cops bust gang of matchmaking crooks who conned 15 families
Cops bust gang of matchmaking crooks who conned 15 families
The Borivali police have busted a gang that cons families of lakhs by posing as matchmakers. The police arrested two members of the gang, Kalpana Patel (42) and Asha Patel (45), who posed as a matchmaker and the mother of the prospective bride, respectively. Jyoti Patel (22), who posed as the bride, is absconding. The gang is believed to have duped 14 families in Gujarat and one in Maharashtra of over Rs 50 lakh using this method.
About two months ago, complainant Bharat Dave (30) and his family got in touch with Kalpana Patel, who lived at Gorai. Dave had been told that she was a matchmaker and would find a suitable bride for him from within the community.
Kalpana promised Bharat's family the perfect bride and introduced them to Asha, saying that she had a daughter who would be suitable for Bharat. Bharat and his family subsequently met Jyoti's fake one, and the two parties decided to go ahead with the wedding. On March 18 Jyoti, alias Khushboo, and Bharat wed at Bandra court.
Just a day after the wedding, Kalpana and Asha stole Rs 1 lakh from Bharat's home and escaped to Valsad. Bharat, unaware of the theft, took Jyoti out shopping. When they returned home, Jyoti told Bharat that she had forgotten a package in one of the shops and would go back to get it. She put all her new jewellery in her purse and left the house, never to return.
After waiting a long time for her to return, Bharat finally lodged a complaint with the Borivali police. Investigations led the cops to Valsad, where they learnt that the gang had duped 14 families. With the help of the local police and the suspects' cell phone locations, the police tracked down Kalpana and Asha, arrested them and charged them with cheating and theft. The rest of the gang, including Jyoti, managed to give cops the slip.
Additonal Commission of Police (north region) Sunil Paraskar said, "Till now we have only arrested two people. We are on the trail of the rest and will nab them soon."
www.mumbaimirror.com/mumbai/crime/Cops-bust-gang-of-matchmaking-crooks-who-conned-15-families/articleshow/20025037.cms
The Borivali police have busted a gang that cons families of lakhs by posing as matchmakers. The police arrested two members of the gang, Kalpana Patel (42) and Asha Patel (45), who posed as a matchmaker and the mother of the prospective bride, respectively. Jyoti Patel (22), who posed as the bride, is absconding. The gang is believed to have duped 14 families in Gujarat and one in Maharashtra of over Rs 50 lakh using this method.
About two months ago, complainant Bharat Dave (30) and his family got in touch with Kalpana Patel, who lived at Gorai. Dave had been told that she was a matchmaker and would find a suitable bride for him from within the community.
Kalpana promised Bharat's family the perfect bride and introduced them to Asha, saying that she had a daughter who would be suitable for Bharat. Bharat and his family subsequently met Jyoti's fake one, and the two parties decided to go ahead with the wedding. On March 18 Jyoti, alias Khushboo, and Bharat wed at Bandra court.
Just a day after the wedding, Kalpana and Asha stole Rs 1 lakh from Bharat's home and escaped to Valsad. Bharat, unaware of the theft, took Jyoti out shopping. When they returned home, Jyoti told Bharat that she had forgotten a package in one of the shops and would go back to get it. She put all her new jewellery in her purse and left the house, never to return.
After waiting a long time for her to return, Bharat finally lodged a complaint with the Borivali police. Investigations led the cops to Valsad, where they learnt that the gang had duped 14 families. With the help of the local police and the suspects' cell phone locations, the police tracked down Kalpana and Asha, arrested them and charged them with cheating and theft. The rest of the gang, including Jyoti, managed to give cops the slip.
Additonal Commission of Police (north region) Sunil Paraskar said, "Till now we have only arrested two people. We are on the trail of the rest and will nab them soon."
www.mumbaimirror.com/mumbai/crime/Cops-bust-gang-of-matchmaking-crooks-who-conned-15-families/articleshow/20025037.cms
'Murdered' woman found alive
'Murdered' woman found alive
Muzzafarnagar: A 30-year-old woman, whose husband is languishing in jail here for her 'murder', has been found alive. Anita, a mother of one, was allegedly found living with her paramour Dharmender in Delhi, police said.
The duo eloped from Dongar village in Prabudhnagar district on February 8 while her husband Yogesh was jailed for her 'murder' over dowry, they said.
The two have been arrested for criminal conspiracy. Anita's father has also been taken into custody for wrongly identifying the body of another woman as his daughter's and lodging a false case against his son-in-law.
http://www.ndtv.com/article/cities/murdered-woman-found-alive-196764
Muzzafarnagar: A 30-year-old woman, whose husband is languishing in jail here for her 'murder', has been found alive. Anita, a mother of one, was allegedly found living with her paramour Dharmender in Delhi, police said.
The duo eloped from Dongar village in Prabudhnagar district on February 8 while her husband Yogesh was jailed for her 'murder' over dowry, they said.
The two have been arrested for criminal conspiracy. Anita's father has also been taken into custody for wrongly identifying the body of another woman as his daughter's and lodging a false case against his son-in-law.
http://www.ndtv.com/article/cities/murdered-woman-found-alive-196764
Rape accused kills self after ‘victim’ admits false charges
Rape accused kills self after ‘victim’ admits false charges
A man facing a rape trial committed suicide in Indore days after the complainant reportedly admitted that he had only tried to hold her hand after a fight over money.
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
A man facing a rape trial committed suicide in Indore days after the complainant reportedly admitted that he had only tried to hold her hand after a fight over money.
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
A man
facing a rape trial committed suicide in Indore days after the
complainant reportedly admitted that he had only tried to hold her hand
after a fight over money.
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
Roopkishore, 53, was found dead in his home in Palasia locality on Sunday, four days after the woman, 33, admitted during trial that she had falsely charged him with rape to avoid repaying the money her husband owed him.
The woman, who is Roopkishore's tenant, had accused him of raping her on December 26. The police booked him under Section 376 of the IPC and arrested him.
In his defence, Roopkishore, a moneylender, said he had lent some money to the woman's husband for buying a vehicle, and she had framed him to avoid repaying it.
After spending over two months in jail, Roopkishore was released on bail on March 8. During the next hearing on March 13, the woman admitted that the rape charge was false.
On Sunday, Roopkishore left his home in Shubhlabh Residency, where he lived with his wife and daughter. He was found hanging in his other house in Ganeshdham Colony.
Roopkishore reportedly left a suicide note blaming his tenant and her husband.
ACP Ramji Shrivastava said the police were yet to verify the suicide note. He said the suicide note was not found on his body, it was handed over by Roopkishore's family members. He said the police would submit the note to the court.
The police have not registered any case so far against the woman or her husband.
- See more at: http://www.indianexpress.com/news/rape-accused-kills-self-after--victim--admits-false-charges/1090177/#sthash.vli7nlPc.GtT8z68V.dpuf
दूल्हा करता रहा इंतजार, आठ लाख लेकर परिवार सहित गायब हुई दुल्हन
दूल्हा करता रहा इंतजार, आठ लाख लेकर परिवार सहित गायब हुई दुल्हन
उदयपुर। सागवाड़ा (डूंगरपुर) के ओबरी कस्बे से रविवार को उदयपुर के सेक्टर 14 पहुंची बारात में एकबारगी हंगामा हो गया जब पता चला कि दुल्हन पक्ष से वहां कोई आया ही नहीं। दूल्हे के पिता कुबेर कांत पुरोहित ने थाने में दुल्हन के पिता जयदेव शर्मा के खिलाफ धोखाधड़ी का मामला दर्ज कराया है।
कुबेर कांत ने बताया कि उनके बेटे मिलन की शादी जयदेव की बेटी पल्लवी से 12 मई को तय हुई थी। छह महीने पहले सगाई हुई थी।
पिछले सप्ताह लड़की वालों को दस्तूर के आठ तोला वजनी सोने के जेवर और 40 हजार रुपए के कपड़े दिए थे। शनिवार रात बातचीत में लड़की के पिता ने तीतरड़ी स्थित भट्ट मेवाड़ा ब्राह्मण समाज के छात्रावास में बारातियों के स्वागत और नाश्ते की व्यवस्था होना बताया। इसके बाद जयदेव और परिवार के लोगों के मोबाइल स्विच ऑफ हो गए। सुबह बारात छात्रावास पहुंची। जलपान के बाद लड़की के घर सूचना कराई तो वहां ताला मिला। वधू पक्ष का कुछ पता नहीं चलने पर कुबेर कांत शाम चार बजे बारात लेकर लौट गए।
आठ लाख रुपए लेकर फरार हुआ दुल्हन का परिवार
बारात को घर बुलाकर फ रार होने वाले परिवार ने पुत्री के विवाह के लिए वर पक्ष से 4.25 लाख की नकदी, आभूषण सहित कुल आठ लाख रुपए का सामान लिया। इतना खर्चा करने के बावजूद बारात बैरंग लौटने से दूल्हे का परिवार गहरे सदमे में है। उसके बीमार पिता की अभी संभल नहीं पाए हैं। घर पर ताला लगाकर दुल्हन के साथ भागे पूरे परिवार का अभी पता नहीं चल पाया है।
इधर,परिवार के साथ भागी दुल्हन की शादीशुदा बहन के पति ने भी सागवाड़ा थाने में धोखाधड़ी का मामला दर्ज करवाया है। उससे भी दुल्हन का पिता डेढ़ लाख रुपए नकद उधार ले गया, वहीं उसकी पत्नी करीब आठ तोला सोना साथ ले गई।
उल्लेखनीय है कि दुल्हन का पिता जयदेव शर्मा दुल्हन व अपनी तीन शादीशुदा पुत्रियों व परिवार के साथ शादी से ठीक पहले गायब हो गया। इस परिवार की मोबाइल के अनुसार लोकेशन जयपुर में होने की जानकारी पर पुलिस ने वहां दबिश दी, लेकिन उनका कोई पता नहीं लगा।
http://www.bhaskar.com/article/c-10-1600834-NOR.html
उदयपुर। सागवाड़ा (डूंगरपुर) के ओबरी कस्बे से रविवार को उदयपुर के सेक्टर 14 पहुंची बारात में एकबारगी हंगामा हो गया जब पता चला कि दुल्हन पक्ष से वहां कोई आया ही नहीं। दूल्हे के पिता कुबेर कांत पुरोहित ने थाने में दुल्हन के पिता जयदेव शर्मा के खिलाफ धोखाधड़ी का मामला दर्ज कराया है।
कुबेर कांत ने बताया कि उनके बेटे मिलन की शादी जयदेव की बेटी पल्लवी से 12 मई को तय हुई थी। छह महीने पहले सगाई हुई थी।
पिछले सप्ताह लड़की वालों को दस्तूर के आठ तोला वजनी सोने के जेवर और 40 हजार रुपए के कपड़े दिए थे। शनिवार रात बातचीत में लड़की के पिता ने तीतरड़ी स्थित भट्ट मेवाड़ा ब्राह्मण समाज के छात्रावास में बारातियों के स्वागत और नाश्ते की व्यवस्था होना बताया। इसके बाद जयदेव और परिवार के लोगों के मोबाइल स्विच ऑफ हो गए। सुबह बारात छात्रावास पहुंची। जलपान के बाद लड़की के घर सूचना कराई तो वहां ताला मिला। वधू पक्ष का कुछ पता नहीं चलने पर कुबेर कांत शाम चार बजे बारात लेकर लौट गए।
आठ लाख रुपए लेकर फरार हुआ दुल्हन का परिवार
बारात को घर बुलाकर फ रार होने वाले परिवार ने पुत्री के विवाह के लिए वर पक्ष से 4.25 लाख की नकदी, आभूषण सहित कुल आठ लाख रुपए का सामान लिया। इतना खर्चा करने के बावजूद बारात बैरंग लौटने से दूल्हे का परिवार गहरे सदमे में है। उसके बीमार पिता की अभी संभल नहीं पाए हैं। घर पर ताला लगाकर दुल्हन के साथ भागे पूरे परिवार का अभी पता नहीं चल पाया है।
इधर,परिवार के साथ भागी दुल्हन की शादीशुदा बहन के पति ने भी सागवाड़ा थाने में धोखाधड़ी का मामला दर्ज करवाया है। उससे भी दुल्हन का पिता डेढ़ लाख रुपए नकद उधार ले गया, वहीं उसकी पत्नी करीब आठ तोला सोना साथ ले गई।
उल्लेखनीय है कि दुल्हन का पिता जयदेव शर्मा दुल्हन व अपनी तीन शादीशुदा पुत्रियों व परिवार के साथ शादी से ठीक पहले गायब हो गया। इस परिवार की मोबाइल के अनुसार लोकेशन जयपुर में होने की जानकारी पर पुलिस ने वहां दबिश दी, लेकिन उनका कोई पता नहीं लगा।
http://www.bhaskar.com/article/c-10-1600834-NOR.html
Woman asked to pay Rs 1.25L for implicating dalit in rape case
Woman asked to pay Rs 1.25L for implicating dalit in rape case
JABALPUR: Falsely implicated in a rape case and proved innocent later, Ramlal Akhande, a 32-year-old primary school teacher from Paretha, Burhanpur could be the first dalit male to receive compensation under the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989 in a rape frame up.
Akhande got richer by Rs 1.25 lakh last week after a DNA report of the complainant Vaijyanti Yaduvanshi turned out to be negative bellying the allegations. The false charge, according to the police was intended to mount pressure on Akhande by the woman whose husband is serving a life sentence for raping his 14 year-old niece five months ago.
Meanwhile, the police has registered a case under SC/ST Act 3 (2) (2) and 3 (1) (9) and section 182, 211 and 195 of the Indian Penal Code against Vajyanati and her two accomplices. Her conviction would mean an additional sum of Rs 1.25 lakh to Akhande, superintendent of police (SP) Burhanpur Avinash Sharma told TOI http://timesofindia.indiatimes.com/city/bhopal/Woman-asked-to-pay-Rs-1-25L-for-implicating-dalit-in-rape-case/articleshow/20039860.cms
JABALPUR: Falsely implicated in a rape case and proved innocent later, Ramlal Akhande, a 32-year-old primary school teacher from Paretha, Burhanpur could be the first dalit male to receive compensation under the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989 in a rape frame up.
Akhande got richer by Rs 1.25 lakh last week after a DNA report of the complainant Vaijyanti Yaduvanshi turned out to be negative bellying the allegations. The false charge, according to the police was intended to mount pressure on Akhande by the woman whose husband is serving a life sentence for raping his 14 year-old niece five months ago.
Meanwhile, the police has registered a case under SC/ST Act 3 (2) (2) and 3 (1) (9) and section 182, 211 and 195 of the Indian Penal Code against Vajyanati and her two accomplices. Her conviction would mean an additional sum of Rs 1.25 lakh to Akhande, superintendent of police (SP) Burhanpur Avinash Sharma told TOI http://timesofindia.indiatimes.com/city/bhopal/Woman-asked-to-pay-Rs-1-25L-for-implicating-dalit-in-rape-case/articleshow/20039860.cms
Husband finds better solution to false 498a-kills four of wife's family
Husband finds better solution to false 498a-kills four of wife's family
http://www.youtube.com/watch?v=C4BO9t2RezQ
media didnt bother to inform it was wrong case filled against him so he thought of taking his justice this way.
http://www.youtube.com/watch?v=C4BO9t2RezQ
media didnt bother to inform it was wrong case filled against him so he thought of taking his justice this way.
'लीगल टेररिजम बन गया है दहेज कानून'
'लीगल टेररिजम बन गया है दहेज कानून'
राजेश चौधरी ।। नई दिल्ली
दहेज उत्पीड़न से संबंधित कानून का हाल के दिनों में जबर्दस्त दुरुपयोग हो रहा है। लोगों के अधिकारों का गंभीर उल्लंघन हो रहा है। कई बार धारा-498ए के जरिए उगाही तक की जाती है। कोर्ट को पता है कि यह लीगल टेररिजम की तरह है।
ये टिप्पणी अदालत ने दहेज उत्पीड़न के एक मामले में सास, ससुर, ननद, देवर और देवर की महिला फ्रेंड को आरोपमुक्त करते हुए की। अडिशनल सेशन जज कामिनी लॉ ने कहा कि सेक्शन 498ए (दहेज उत्पीड़न) उगाही, करप्शन और मानवाधिकार के उल्लंघन का जरिया बन गया है। सुप्रीम कोर्ट ने इसे कानूनी आतंकवाद (लीगल टेररिजम) की संज्ञा देते हुए कहा था कि इसका दुरुपयोग हो रहा है। यह कानून बदला लेने और वसूली के लिए नहीं, गलत लोगों को सजा दिलाने के लिए है। कई बार पीड़िता गुमराह होकर तथ्यों को बढ़ा-चढ़ाकर पेश करती है। इससे जिन लोगों का कोई लेना-देना नहीं होता, उन्हें भी आरोपी बना दिया जाता है। जैसे इस मामले में किया गया। कोर्ट ने कहा कि शिकायतकर्ता महिला शादी के बाद 12 दिन ही ससुराल में रही और इस दौरान उसने सभी को फंसाने की कोशिश की। उसने देवर की महिला दोस्त को भी नहीं छोड़ा। भला देवर की दोस्त दहेज के लिए कैसे इंट्रेस्टेड हो सकती है।
जज कामिनी लॉ ने कहा कि निजी मकसद पूरा करने के लिए अदालतें प्लैटफॉर्म नहीं बन सकतीं। यह कोर्ट की ड्यूटी है कि वह सुनिश्चित करे कि पति की गलती के कारण उसके रिश्तेदारों को न फंसाया जा सके।
http://navbharattimes.indiatimes.com/india/national-india/legal-terrorism-is-now-dowry-act/articleshow/20011946.cms
राजेश चौधरी ।। नई दिल्ली
दहेज उत्पीड़न से संबंधित कानून का हाल के दिनों में जबर्दस्त दुरुपयोग हो रहा है। लोगों के अधिकारों का गंभीर उल्लंघन हो रहा है। कई बार धारा-498ए के जरिए उगाही तक की जाती है। कोर्ट को पता है कि यह लीगल टेररिजम की तरह है।
ये टिप्पणी अदालत ने दहेज उत्पीड़न के एक मामले में सास, ससुर, ननद, देवर और देवर की महिला फ्रेंड को आरोपमुक्त करते हुए की। अडिशनल सेशन जज कामिनी लॉ ने कहा कि सेक्शन 498ए (दहेज उत्पीड़न) उगाही, करप्शन और मानवाधिकार के उल्लंघन का जरिया बन गया है। सुप्रीम कोर्ट ने इसे कानूनी आतंकवाद (लीगल टेररिजम) की संज्ञा देते हुए कहा था कि इसका दुरुपयोग हो रहा है। यह कानून बदला लेने और वसूली के लिए नहीं, गलत लोगों को सजा दिलाने के लिए है। कई बार पीड़िता गुमराह होकर तथ्यों को बढ़ा-चढ़ाकर पेश करती है। इससे जिन लोगों का कोई लेना-देना नहीं होता, उन्हें भी आरोपी बना दिया जाता है। जैसे इस मामले में किया गया। कोर्ट ने कहा कि शिकायतकर्ता महिला शादी के बाद 12 दिन ही ससुराल में रही और इस दौरान उसने सभी को फंसाने की कोशिश की। उसने देवर की महिला दोस्त को भी नहीं छोड़ा। भला देवर की दोस्त दहेज के लिए कैसे इंट्रेस्टेड हो सकती है।
जज कामिनी लॉ ने कहा कि निजी मकसद पूरा करने के लिए अदालतें प्लैटफॉर्म नहीं बन सकतीं। यह कोर्ट की ड्यूटी है कि वह सुनिश्चित करे कि पति की गलती के कारण उसके रिश्तेदारों को न फंसाया जा सके।
http://navbharattimes.indiatimes.com/india/national-india/legal-terrorism-is-now-dowry-act/articleshow/20011946.cms
Left alone, man, woman will go for sex: Judge
Left alone, man, woman will go for sex: Judge
CHENNAI: "A man and woman, if left alone, will always go for sexual intercourse." This is what a Kancheepuram judge said while awarding life imprisonment to a murder accused last year. The judge's loose comments have drawn the ire of the Madras high court, which not only acquitted the accused but also decried the judge for arriving at "judicial conclusions purely based on surmises and conjunctures."
In the March 13, 2012 order sentencing Kattu Raja, a factory watchman, for murdering a co-worker, the district and sessions judge-II of Kancheepuram had said: "A man and woman, if left alone, will always go for sexual intercourse. In this case, the accused and the deceased might have been left alone. At that time, the accused would have advanced sexual overtures towards the deceased. She might have refused. Still there might have been sexual intercourse between them. Again, the accused would have invited her for sexual intercourse, which she would have refused. This would have resulted in an ill-feeling."
The order was quoted by the HC division bench of Justice K N Basha and Justice S Nagamuthu while acquitting Raja of all charges on April 30. Flaying the sessions judge for such loose comments, the bench said: "These observations of the trial court are based merely on conjectures. It is not understood as to how the court could come to a judicial conclusion that a man and woman, if left alone, will always go for sexual intercourse."
Police arrested Raja in connection with the murder of Mageshwari of Karanithangal village, near Chennai, in June 2008. While Raja was a watchman in the factory, Mageshwari was working on production line and they were "seen moving closely frequently" by others.
The Kancheepuram sessions court found him guilty of the offence on the basis of the circumstantial evidence such as his proximity to the victim, his disappearance from the work spot for a few days after the murder and his confession to police admitting to the crime.
The division bench, however, rejected the trial court's findings and said too much importance had been attached to the circumstantial evidence. "This is a case based on circumstantial evidence. It is a well established principle of law that in a case where the prosecution relies on circumstantial evidence, the circumstances projected should be proved beyond reasonable doubts."
Expressing shock at the trial court's reliance on confessions of Raja, the bench said, "The trial court has extracted the entire confession and in the concluding portion it says his confession had corroborated the evidence of other prosecution witnesses. This observation is really shocking. The court has relied entirely on the confession to come to the conclusion that the accused had illicit intimacy with the deceased. The court has relied on the confession by quoting it extensively, forgetting for a moment that Section 25 of the Evidence Act bars its admissibility."
Setting aside the life term and ordering Raja's release, the bench said: "Absolutely there is no evidence against Raja to prove any circumstances, even remotely pointing to the guilt of the accused. Mere suspicion based on surmises and conjunctures will not take the place of proof." http://timesofindia.indiatimes.com/city/chennai/Left-alone-man-woman-will-go-for-sex-Judge/articleshow/20039616.cms
CHENNAI: "A man and woman, if left alone, will always go for sexual intercourse." This is what a Kancheepuram judge said while awarding life imprisonment to a murder accused last year. The judge's loose comments have drawn the ire of the Madras high court, which not only acquitted the accused but also decried the judge for arriving at "judicial conclusions purely based on surmises and conjunctures."
In the March 13, 2012 order sentencing Kattu Raja, a factory watchman, for murdering a co-worker, the district and sessions judge-II of Kancheepuram had said: "A man and woman, if left alone, will always go for sexual intercourse. In this case, the accused and the deceased might have been left alone. At that time, the accused would have advanced sexual overtures towards the deceased. She might have refused. Still there might have been sexual intercourse between them. Again, the accused would have invited her for sexual intercourse, which she would have refused. This would have resulted in an ill-feeling."
The order was quoted by the HC division bench of Justice K N Basha and Justice S Nagamuthu while acquitting Raja of all charges on April 30. Flaying the sessions judge for such loose comments, the bench said: "These observations of the trial court are based merely on conjectures. It is not understood as to how the court could come to a judicial conclusion that a man and woman, if left alone, will always go for sexual intercourse."
Police arrested Raja in connection with the murder of Mageshwari of Karanithangal village, near Chennai, in June 2008. While Raja was a watchman in the factory, Mageshwari was working on production line and they were "seen moving closely frequently" by others.
The Kancheepuram sessions court found him guilty of the offence on the basis of the circumstantial evidence such as his proximity to the victim, his disappearance from the work spot for a few days after the murder and his confession to police admitting to the crime.
The division bench, however, rejected the trial court's findings and said too much importance had been attached to the circumstantial evidence. "This is a case based on circumstantial evidence. It is a well established principle of law that in a case where the prosecution relies on circumstantial evidence, the circumstances projected should be proved beyond reasonable doubts."
Expressing shock at the trial court's reliance on confessions of Raja, the bench said, "The trial court has extracted the entire confession and in the concluding portion it says his confession had corroborated the evidence of other prosecution witnesses. This observation is really shocking. The court has relied entirely on the confession to come to the conclusion that the accused had illicit intimacy with the deceased. The court has relied on the confession by quoting it extensively, forgetting for a moment that Section 25 of the Evidence Act bars its admissibility."
Setting aside the life term and ordering Raja's release, the bench said: "Absolutely there is no evidence against Raja to prove any circumstances, even remotely pointing to the guilt of the accused. Mere suspicion based on surmises and conjunctures will not take the place of proof." http://timesofindia.indiatimes.com/city/chennai/Left-alone-man-woman-will-go-for-sex-Judge/articleshow/20039616.cms
Fathers make a case for visitation rights
Fathers make a case for visitation rights
http://www.facebook.com/misszoyaparkar
http://postnoon.com/2013/02/19/fathers-make-a-case-for-visitation-rights/109504
http://www.facebook.com/misszoyaparkar
Don’t deny the child the love of one parent, they plead.
With the increasing number of divorce cases in India also comes the increasing issues of child custody and visitation rights.
Recently, the City witnessed a protest
demonstration where a few distraught men from men’s rights organisations
demanded gender neutral laws. These men appealed to the judiciary for
co- parenting and shared parenting so that their children could grow up
in a fair environment with the affection of both parents.
Come any vacation or, for that matter,
the time allotted by the court for fathers who do not have custody of
their children, these men allege they are being traumatised and denied
visitation rights by their estranged spouses.
Speaking about his estranged wife’s
reluctance to comply with the High Court’s order to allow him to visit
his five-year-old daughter every alternate week, the convener of Save
India Family Foundation (SIFF), Shah Ali, said, “Initially, I used to
meet my daughter in the car parking at my wife’s residence. After a few
weeks, she started denying me the right of meeting my child. Whenever I
go according to the time allotted by the court, my daughter looks at me
like a stranger. For no fault of hers, my daughter is denied the love of
her parents. This is contempt of court and to file another memorandum
is a time consuming process.”
What seems to be happening in cases
where spouses are not given joint custody is “parental alienation”,
where the custodial parent tries to deny the non-custodial parent the
court-ordered contract with the child.
Advocate Vishwa Janani said, “Most of
the children are comfortable with their mothers. Considering the fact
that even if the mother is working, the court gives custody of the child
to her. However, we cannot deny the father’s affection for the child. I
recall a case where a father was given visitation rights to meet his
12-year-old daughter every fortnight at the court premises. This father
used to eagerly look forward to meet his daughter. Since his daughter
loved math, he would get her a lot of puzzle games and the duo would
spend those two hours happily. This process continued for a couple of
times. After a while, the daughter was reluctant to meet her father,
which made it evident that she was tutored by her mother or mother’s
relatives. In such cases, what happens is the mother gets insecure after
the divorce and does not want to lose her child. She will look for ways
to avoid sending her child to the father.”
However, contempt of court gives the
non-custodial parent the right to seek help. If the visitation order is
violated, the court will decide whether the contempt was intentional or
not, then an order can be filed, said the advocate.
“The fathers should express their love
towards their children from the beginning and not only when the wife
files an application for custody. He should not speak against the mother
or her relatives to the child. Both the parents should realise that
because of their animosity, the child’s mental health can be affected.http://postnoon.com/2013/02/19/fathers-make-a-case-for-visitation-rights/109504
Protest against anti-family clauses in Hindu Marriage Bill
Protest against anti-family clauses in Hindu Marriage Bill
LUCKNOW: Army Against Dowry Law Misuse in India (AADMI) has demanded roll back of the alleged anti-family clauses in the upcoming bill which proposes to introduce "Irretrievable Breakdown of Marriage" as a ground for divorce in the Hindu Marriage Act and Special Marriage Act.
AADMI members, who also took out a protest march, said though the proposal is a welcome step, it has three controversial clauses which are totally anti-family and anti-husband. It points out that in the bill wherever exercising the rights has been mentioned, the person who can do it has been mentioned as "wife" instead of "spouse" which clearly indicates that the bill denies to extend its cover to husband. It is very clear that after marriage, a wife can get out of it at any point of time seeking divorce from her husband whereas no such legal provision has been given to a husband till date.
The bill says that along with allowing divorce, absolute rights will be given to the aggrieved wife on 50 per cent of husband's marital property. However, it does not mention division of wife's belongings and property at her maternal house, said the members. Also, the Bill does not deal with matters like custody of the children, visitation rights etc. Union cabinet has approved this bill with some amendments and at present it is with the "Group of Ministers" for approval before being tabled in the parliament.
AADMI demands include withdrawal of controversial clause and to make the bill gender neutral. Children must be given access to both biological parents in case of divorce or separation, government must first put an end to all false cases related to marital problems against men and the children should also have an equal share of the alimony amount given to the wife by the husband. They said while making amendments in the current laws, the government must also take into account a man's financial responsibilities towards his parents and also the family liabilities should be deducted before sanctioning the alimony figure to the wife.
http://timesofindia.indiatimes.com/city/lucknow/Protest-against-anti-family-clauses-in-Hindu-Marriage-Bill/articleshow/20002326.cms?intenttarget=no
LUCKNOW: Army Against Dowry Law Misuse in India (AADMI) has demanded roll back of the alleged anti-family clauses in the upcoming bill which proposes to introduce "Irretrievable Breakdown of Marriage" as a ground for divorce in the Hindu Marriage Act and Special Marriage Act.
AADMI members, who also took out a protest march, said though the proposal is a welcome step, it has three controversial clauses which are totally anti-family and anti-husband. It points out that in the bill wherever exercising the rights has been mentioned, the person who can do it has been mentioned as "wife" instead of "spouse" which clearly indicates that the bill denies to extend its cover to husband. It is very clear that after marriage, a wife can get out of it at any point of time seeking divorce from her husband whereas no such legal provision has been given to a husband till date.
The bill says that along with allowing divorce, absolute rights will be given to the aggrieved wife on 50 per cent of husband's marital property. However, it does not mention division of wife's belongings and property at her maternal house, said the members. Also, the Bill does not deal with matters like custody of the children, visitation rights etc. Union cabinet has approved this bill with some amendments and at present it is with the "Group of Ministers" for approval before being tabled in the parliament.
AADMI demands include withdrawal of controversial clause and to make the bill gender neutral. Children must be given access to both biological parents in case of divorce or separation, government must first put an end to all false cases related to marital problems against men and the children should also have an equal share of the alimony amount given to the wife by the husband. They said while making amendments in the current laws, the government must also take into account a man's financial responsibilities towards his parents and also the family liabilities should be deducted before sanctioning the alimony figure to the wife.
http://timesofindia.indiatimes.com/city/lucknow/Protest-against-anti-family-clauses-in-Hindu-Marriage-Bill/articleshow/20002326.cms?intenttarget=no
Dowry death cuffs on 7 in Phulbani
Dowry death cuffs on 7 in Phulbani
Berhampur: Seven persons, including two teenagers, were arrested on Sunday in connection with the death of a woman in a dowry case at Phulbani. Jasaswini Kanhar (25), the wife of Sujit Kanhar, the assistant commercial tax officer (ACTO), Sambalpur, died on Friday, police said.
Police recovered the body hanging at her in-law's house on Friday. The brother of the deceased Yashawanta alleged his sister was killed by her in-laws for more dowry. The in-laws, however, denied the allegation and said she committed suicide. "We are waiting for the post-mortem report to ascertain the exact cause of her death," said inspector in-charge of town police station, Phulbani, S S Pujari.
"Almost all the dowry items have been seized and a case against nine persons, including the husband of the deceased, has been registered," said Pujari. The deceased's husband is yet to be arrested, police said.
Police said Jasaswini of Peonpada in Phulbani married Sujit about three months ago. According to the complaint lodged by her brother, she was tortured by the in-laws for more dowry since her marriage, police said. http://timesofindia.indiatimes.com/city/bhubaneswar/Dowry-death-cuffs-on-7-in-Phulbani/articleshow/19927493.cms?intenttarget=no
Berhampur: Seven persons, including two teenagers, were arrested on Sunday in connection with the death of a woman in a dowry case at Phulbani. Jasaswini Kanhar (25), the wife of Sujit Kanhar, the assistant commercial tax officer (ACTO), Sambalpur, died on Friday, police said.
Police recovered the body hanging at her in-law's house on Friday. The brother of the deceased Yashawanta alleged his sister was killed by her in-laws for more dowry. The in-laws, however, denied the allegation and said she committed suicide. "We are waiting for the post-mortem report to ascertain the exact cause of her death," said inspector in-charge of town police station, Phulbani, S S Pujari.
"Almost all the dowry items have been seized and a case against nine persons, including the husband of the deceased, has been registered," said Pujari. The deceased's husband is yet to be arrested, police said.
Police said Jasaswini of Peonpada in Phulbani married Sujit about three months ago. According to the complaint lodged by her brother, she was tortured by the in-laws for more dowry since her marriage, police said. http://timesofindia.indiatimes.com/city/bhubaneswar/Dowry-death-cuffs-on-7-in-Phulbani/articleshow/19927493.cms?intenttarget=no
Misuse of Domestic Violence Act
Misuse of Domestic Violence Act
The domestic violence act hereinafter referred as dv act which was
incorporated in the year 2005, The main purpose of this act is to
prevent woman only woman from domestic violence, from the bare reading
of the definition of the act we can see that the term “aggrieved person”
includes only women, means only the men can be prosecuted not the
woman, In the 21st century we treat women at par with men and there have
been many incidences where a women are involved in insult, humiliation,
verbal and emotional abuse to men. It is not a rare possibility that
women are indulging in domestic violence against men but this is a
reality, our constitution guarantees equality, means men and women must
be equally treated, then why in dv act there are provisions for women
only and not for men, why women are protected and why there is
presumption that men is the only gender which can do cruelty, domestic
violence on women, why not vice-versa.
The dv act has given an undue advantage to the
women and it is the most lethal weapon which women can use against men
to extort, exploit, and threaten men community just like terrorism. The
dv act has provisions like right to residence regardless of legal right
on the property, maintenance. The provision in law makes the law easily
vulnerable to misuse. which is a fact statistics have shown that only 2%
of all the cases have resulted in conviction and 98% of the cases are
deemed to be fake and there is no provision in dv act if a fake case is
lodged then there is no provision for punishment for the women. For the
name of protection of women the prosecution of innocent men is against
the rule of law, A women can misuse the law very easily like for
example A man can be booked under the DV
act if she feels that she has been insulted. Insult is a relative term,
which is totally left to her discretion. Interestingly, if she insults
and abuses him verbally or even physically, he does not have any legal
recourse in this law, even the minor differences in matrimonial ties
could invoke the provisions of DV act, moreover the procedure of law is
governed by CRPC that means a man even making a very light insult to a
women is treated like a criminal. if the case is false the reputation of
man and his family is tainted and there are no steps or legal
protection available to men to protect his reputation . In other words
this law treats men like sitting ducks.
For taking easy divorce and maintenance the DV
act is the first weapon used by the women even if she is not subjected
to any such type of domestic violence, even if the matter is sub-judice
the men are obliged to pay maintenance to women, this means that
punishment for men start as soon as false complaint is lodged, which is
against the principles of natural justice where there is presumption of
innocence.
The fact is DV act has failed to attend the
problems faced by women and men on subject of domestic violence, the law
is often misused then to be used. The need of the society is to make
more gender neutral laws which treat men and women equally in the cases
of domestic violence and not to induce fear in the minds of innocent
people like most of the men and give an extortion tool to the other
gender. The DV act is gender biased on the face of it, The DV act needs
to be amended with more gender neutral provisions to prevent its misuse
and to achieve gender equality and fair justice.
“An unjust law is itself a species of violence. Arrest for its breach is more so.” Mahatma Gandhi
By: Nitish Banka
NGO forms cell to protect 'innocent men'
NGO forms cell to protect 'innocent men'
PANAJI: Goa Citizens Welfare trust has formed Dadleancho Ekvott, a cell to protect "innocent men" from harassment from false complaints against them.
Chairman Michael Ferns said in a statement that the trust is all for the protection of women and children but many a times, men are victimized based on false and concocted complaints. "Some anti-social elements are misusing the protection given to women by filing false complaints of abuse torture and harassment of innocent people".
"As I have first hand experience of such harassment, we are setting up a cell to protect men from false cases," Ferns said adding that "we will help any innocent man whose name has been tarnished with false charges".
He also demanded that the police investigate into complaints in detail before arresting "innocent" individuals and tarnishing the reputation of men who are not involved in such cases. Such men need to fight for justice, he added.
http://timesofindia.indiatimes.com/city/goa/NGO-forms-cell-to-protect-innocent-men/articleshow/19941958.cms?intenttarget=no
PANAJI: Goa Citizens Welfare trust has formed Dadleancho Ekvott, a cell to protect "innocent men" from harassment from false complaints against them.
Chairman Michael Ferns said in a statement that the trust is all for the protection of women and children but many a times, men are victimized based on false and concocted complaints. "Some anti-social elements are misusing the protection given to women by filing false complaints of abuse torture and harassment of innocent people".
"As I have first hand experience of such harassment, we are setting up a cell to protect men from false cases," Ferns said adding that "we will help any innocent man whose name has been tarnished with false charges".
He also demanded that the police investigate into complaints in detail before arresting "innocent" individuals and tarnishing the reputation of men who are not involved in such cases. Such men need to fight for justice, he added.
http://timesofindia.indiatimes.com/city/goa/NGO-forms-cell-to-protect-innocent-men/articleshow/19941958.cms?intenttarget=no
Monday, 13 May 2013
'लीगल टेररिजम बन गया है दहेज कानून'
'लीगल टेररिजम बन गया है दहेज कानून'
राजेश चौधरी ।। नई दिल्ली
दहेज उत्पीड़न से संबंधित कानून का हाल के दिनों में जबर्दस्त दुरुपयोग हो रहा है। लोगों के अधिकारों का गंभीर उल्लंघन हो रहा है। कई बार धारा-498ए के जरिए उगाही तक की जाती है। कोर्ट को पता है कि यह लीगल टेररिजम की तरह है।
ये टिप्पणी अदालत ने दहेज उत्पीड़न के एक मामले में सास, ससुर, ननद, देवर और देवर की महिला फ्रेंड को आरोपमुक्त करते हुए की। अडिशनल सेशन जज कामिनी लॉ ने कहा कि सेक्शन 498ए (दहेज उत्पीड़न) उगाही, करप्शन और मानवाधिकार के उल्लंघन का जरिया बन गया है। सुप्रीम कोर्ट ने इसे कानूनी आतंकवाद (लीगल टेररिजम) की संज्ञा देते हुए कहा था कि इसका दुरुपयोग हो रहा है। यह कानून बदला लेने और वसूली के लिए नहीं, गलत लोगों को सजा दिलाने के लिए है। कई बार पीड़िता गुमराह होकर तथ्यों को बढ़ा-चढ़ाकर पेश करती है। इससे जिन लोगों का कोई लेना-देना नहीं होता, उन्हें भी आरोपी बना दिया जाता है। जैसे इस मामले में किया गया। कोर्ट ने कहा कि शिकायतकर्ता महिला शादी के बाद 12 दिन ही ससुराल में रही और इस दौरान उसने सभी को फंसाने की कोशिश की। उसने देवर की महिला दोस्त को भी नहीं छोड़ा। भला देवर की दोस्त दहेज के लिए कैसे इंट्रेस्टेड हो सकती है।
जज कामिनी लॉ ने कहा कि निजी मकसद पूरा करने के लिए अदालतें प्लैटफॉर्म नहीं बन सकतीं। यह कोर्ट की ड्यूटी है कि वह सुनिश्चित करे कि पति की गलती के कारण उसके रिश्तेदारों को न फंसाया जा सके।
http://navbharattimes.indiatimes.com/india/national-india/legal-terrorism-is-now-dowry-act/articleshow/20011946.cms#write
राजेश चौधरी ।। नई दिल्ली
दहेज उत्पीड़न से संबंधित कानून का हाल के दिनों में जबर्दस्त दुरुपयोग हो रहा है। लोगों के अधिकारों का गंभीर उल्लंघन हो रहा है। कई बार धारा-498ए के जरिए उगाही तक की जाती है। कोर्ट को पता है कि यह लीगल टेररिजम की तरह है।
ये टिप्पणी अदालत ने दहेज उत्पीड़न के एक मामले में सास, ससुर, ननद, देवर और देवर की महिला फ्रेंड को आरोपमुक्त करते हुए की। अडिशनल सेशन जज कामिनी लॉ ने कहा कि सेक्शन 498ए (दहेज उत्पीड़न) उगाही, करप्शन और मानवाधिकार के उल्लंघन का जरिया बन गया है। सुप्रीम कोर्ट ने इसे कानूनी आतंकवाद (लीगल टेररिजम) की संज्ञा देते हुए कहा था कि इसका दुरुपयोग हो रहा है। यह कानून बदला लेने और वसूली के लिए नहीं, गलत लोगों को सजा दिलाने के लिए है। कई बार पीड़िता गुमराह होकर तथ्यों को बढ़ा-चढ़ाकर पेश करती है। इससे जिन लोगों का कोई लेना-देना नहीं होता, उन्हें भी आरोपी बना दिया जाता है। जैसे इस मामले में किया गया। कोर्ट ने कहा कि शिकायतकर्ता महिला शादी के बाद 12 दिन ही ससुराल में रही और इस दौरान उसने सभी को फंसाने की कोशिश की। उसने देवर की महिला दोस्त को भी नहीं छोड़ा। भला देवर की दोस्त दहेज के लिए कैसे इंट्रेस्टेड हो सकती है।
जज कामिनी लॉ ने कहा कि निजी मकसद पूरा करने के लिए अदालतें प्लैटफॉर्म नहीं बन सकतीं। यह कोर्ट की ड्यूटी है कि वह सुनिश्चित करे कि पति की गलती के कारण उसके रिश्तेदारों को न फंसाया जा सके।
http://navbharattimes.indiatimes.com/india/national-india/legal-terrorism-is-now-dowry-act/articleshow/20011946.cms#write
रसोई गैस के झगड़े में पत्नी ने पति को गोली मारी
रसोई गैस के झगड़े में पत्नी ने पति को गोली मारी
इंदौर।। रसोई गैस के झगड़े में 19 साल की एक महिला ने अपने पति को गोली मार दी। गोलीबारी की इस घटना में पति बुरी तरह घायल हो गया है। पुलिस ने इस महिला को गिरफ्तार कर लिया है।
पुलिस सूत्रों ने बताया कि खजराना इलाके में नाजिया उर्फ सोनू (19) ने अपने पति आसिफ (29) को उसके अवैध देसी कट्टे से गोली मारकर बुरी तरह घायल कर दिया। सूत्रों ने बताया कि मियां-बीवी के बीच 19 फरवरी की रात रसोई गैस खत्म होने की बात पर जमकर झगड़ा हुआ। इस दौरान आगबबूला नाजिया ने अपने पति का देशी कट्टा उठाया और उस पर गोली दाग दी।
उन्होंने बताया कि गोलीबारी की सूचना के बाद मौके पर पहुंची पुलिस ने महिला को गिरफ्तार कर लिया। उसके बुरी तरह घायल पति को अस्पताल भी भर्ती कराया गया है। अस्पताल में उसकी हालत गंभीर बनी हुई है। सूत्रों ने आरोपी से शुरुआती पूछताछ के हवाले से बताया कि उसका पति उसके साथ आए दिन मारपीट व गाली-गलौज करता था और वह उसके बुरे बर्ताव से बेहद परेशान थी। पुलिस ने मामला दर्ज कर लिया है।
http://navbharattimes.indiatimes.com/other-cities/bhopal/-indore/wife-shot-her-husband-in-indore/articleshow/18589622.cms
इंदौर।। रसोई गैस के झगड़े में 19 साल की एक महिला ने अपने पति को गोली मार दी। गोलीबारी की इस घटना में पति बुरी तरह घायल हो गया है। पुलिस ने इस महिला को गिरफ्तार कर लिया है।
पुलिस सूत्रों ने बताया कि खजराना इलाके में नाजिया उर्फ सोनू (19) ने अपने पति आसिफ (29) को उसके अवैध देसी कट्टे से गोली मारकर बुरी तरह घायल कर दिया। सूत्रों ने बताया कि मियां-बीवी के बीच 19 फरवरी की रात रसोई गैस खत्म होने की बात पर जमकर झगड़ा हुआ। इस दौरान आगबबूला नाजिया ने अपने पति का देशी कट्टा उठाया और उस पर गोली दाग दी।
उन्होंने बताया कि गोलीबारी की सूचना के बाद मौके पर पहुंची पुलिस ने महिला को गिरफ्तार कर लिया। उसके बुरी तरह घायल पति को अस्पताल भी भर्ती कराया गया है। अस्पताल में उसकी हालत गंभीर बनी हुई है। सूत्रों ने आरोपी से शुरुआती पूछताछ के हवाले से बताया कि उसका पति उसके साथ आए दिन मारपीट व गाली-गलौज करता था और वह उसके बुरे बर्ताव से बेहद परेशान थी। पुलिस ने मामला दर्ज कर लिया है।
http://navbharattimes.indiatimes.com/other-cities/bhopal/-indore/wife-shot-her-husband-in-indore/articleshow/18589622.cms
धारा 498-ए अप्राकृतिक व अन्यायपूर्ण!
धारा 498-ए अप्राकृतिक व अन्यायपूर्ण!
"केवल एफआईआर में नाम लिखवा देने मात्र के आधार पर ही पति-पक्ष के लोगों के विरुद्ध धारा-498ए के तहत मुकदमा नहीं चलाया जाना चाहिये"-सुप्रीम कोर्ट
डॉ. पुरुषोत्तम मीणा 'निरंकुश'
भारत की सबसे बड़ी अदालत, अर्थात्
सुप्रीम कोर्ट द्वारा अनेकों बार इस बात पर चिन्ता प्रकट की जा चुकी है कि
भारतीय दण्ड संहिता की धारा 498-ए का जमकर दुरुपयोग हो रहा है। जिसका सबसे
बड़ा सबूत ये भी है कि इस धारा के तहत तर्ज किये जाने वाले मुकदमों में सजा
पाने वालों की संख्या मात्र दो फीसदी है! यही नहीं इस धारा के तहत मुकदमा
दर्ज करवाने के बाद समझौता करने का भी कोई प्रावधान नहीं हैं! ऐसे में इस
कानूनी व्यवस्था के तहत एक बार मुकदमा अर्थात् एफआईआर दर्ज करवाने के बाद
वर पक्ष को मुकदमें का सामना करने के अलावा अन्य कोई रास्ता नहीं बचता है।
जिसकी शुरुआत होती है, वरपक्ष के लोगों के पुलिस के हत्थे चढने से और
वरपक्ष के जिस किसी भी सदस्य का भी, वधुपक्ष की ओर से धारा 498ए के तहत
एफआईआर में नाम लिखवा दिया जाता है, उन सबको बिना ये देखे कि उन्होंने कोई
अपराध किया भी है या नहीं उनकी गिरफ्तारी करना पुलिस अपना परमकर्त्तव्य
समझती है!
ऐसे मामलों में आमतौर पर पुलिस पूरी
मुस्तेदी दिखाती देखी जाती है। जिसकी मूल में मेरी राय में दो बड़े कारण
हैं-पहला तो यह कि यह कानून न्यायशास्त्र के इस मौलिक सिद्धान्त का सरेआम
उल्लंघन करता है कि आरोप लगाने के बाद आरोपों को सिद्ध करने का दायित्व
अभियोजन या वादी पर नहीं डालकर आरोपी को कहता है कि "वह अपने आपको निर्दोष सिद्ध करे।"
जिसके चलते पुलिस को इस बात से कोई लेना-देना नहीं रहता कि बाद में चलकर
यदि कोई आरोपी छूट भी जाता है तो इसके बारे में उससे कोई सवाल-जवाब किये
जाने की समस्या नहीं होगी। वैसे भी पुलिस से कोई सवाल-जवाब किये भी कहॉं
जाते हैं?
दूसरा बड़ा कारण यह है कि ऐसे मामलों में पुलिस को अपना रौद्र रूप दिखाने का पूरा अवसर मिलता है और सारी दुनिया जानती है कि रौद्र रूप दिखाते ही सामने वाला निरीह प्राणी थर-थर कांपने लगता है! पुलिस व्यवस्था तो वैसे ही अंग्रेजी राज्य के जमाने की अमानवीय परम्पराओं और कानूनों पर आधारित है! जहॉं पर पुलिस को लोगों की रक्षक बनाने के बजाय, लोगों को डंडा मारने वाली ताकत के रूप में जाना और पहचाना जाता है! ऐसे में यदि कानून ये कहता हो कि 498ए में किसी को भी बन्द कर दो, यह चिन्ता कतई मत करो कि वह निर्दोष है या नहीं! क्योंकि पकड़े गये व्यक्ति को खुद को ही सिद्ध करना होगा कि वह दोषी नहीं है। अर्थात् अरोपी को अपने आपको निर्दोष सिद्ध करने के लिये स्वयं ही साक्ष्य जुटाने होंगे। ऐसे में पुलिस को पति-पक्ष के लोगों का तेल निकालने का पूरा-पूरा मौका मिल जाता है।
अनेक बार तो खुद पुलिस एफआईआर को फड़वाकर, अपनी सलाह पर पत्नीपक्ष के लोगों से ऐसी एफआईआर लिखवाती है, जिसमें पति-पक्ष के सभी छोटे बड़े लोगों के नाम लिखे जाते हैं। जिनमें-पति, सास, सास की सास, ननद-ननदोई, श्वसुर, श्वसुर के पिता, जेठ-जेठानियॉं, देवर-देवरानिया, जेठ-जेठानियों और देवर-देवरानिया के पुत्र-पुत्रियों तक के नाम लिखवाये जाते हैं। अनेक मामलों में तो भानजे-भानजियों तक के नाम घसीटे जाते हैं। पुलिस ऐसा इसलिये करती है, क्योंकि जब इतने सारे लोगों के नाम आरोपी के रूप में एफआईआर में लिखवाये जाते हैं तो उनको गिरफ्तार करके या गिरफ्तारी का भय दिखाकर अच्छी-खायी रिश्वत वसूलना आसान हो जाता है और अपनी तथाकथित जॉंच के दौरान ऐसे आलतू-फालतू-झूठे नामों को रिश्वत लेकर मुकदमे से हटा दिया जाता है। जिससे अदालत को भी अहसास कराने का नाटक किया जाता है कि पुलिस कितनी सही जॉंच करती है कि पहली ही नजर में निर्दोष दिखने वालों के नाम हटा दिये गये हैं।
ऐसे में सुप्रीम कोर्ट के न्यायाधीश द्वय टीएस ठाकुर और ज्ञानसुधा मिश्रा की बेंच का हाल ही में सुनाया गया यह निर्णय कि "केवल एफआईआर में नाम लिखवा देने मात्र के आधार पर ही पति-पक्ष के लोगों के विरुद्ध धारा-498ए के तहत मुकदमा नहीं चलाया जाना चाहिये", स्वागत योग्य है| यद्यपि यह इस समस्या का स्थायी समाधान नहीं है। जब तक इस कानून में से आरोपी के ऊपर स्वयं अपने आपको निर्दोष सिद्ध करने का भार है, तब तक पति-पक्ष के लोगों के ऊपर होने वाले अन्याय को रोक पाना असम्भव है, क्योंकि यह व्यवस्था न्याय का गला घोंटने वाली, अप्राकृतिक और अन्यायपूर्ण कुव्यवस्था है!
दूसरा बड़ा कारण यह है कि ऐसे मामलों में पुलिस को अपना रौद्र रूप दिखाने का पूरा अवसर मिलता है और सारी दुनिया जानती है कि रौद्र रूप दिखाते ही सामने वाला निरीह प्राणी थर-थर कांपने लगता है! पुलिस व्यवस्था तो वैसे ही अंग्रेजी राज्य के जमाने की अमानवीय परम्पराओं और कानूनों पर आधारित है! जहॉं पर पुलिस को लोगों की रक्षक बनाने के बजाय, लोगों को डंडा मारने वाली ताकत के रूप में जाना और पहचाना जाता है! ऐसे में यदि कानून ये कहता हो कि 498ए में किसी को भी बन्द कर दो, यह चिन्ता कतई मत करो कि वह निर्दोष है या नहीं! क्योंकि पकड़े गये व्यक्ति को खुद को ही सिद्ध करना होगा कि वह दोषी नहीं है। अर्थात् अरोपी को अपने आपको निर्दोष सिद्ध करने के लिये स्वयं ही साक्ष्य जुटाने होंगे। ऐसे में पुलिस को पति-पक्ष के लोगों का तेल निकालने का पूरा-पूरा मौका मिल जाता है।
अनेक बार तो खुद पुलिस एफआईआर को फड़वाकर, अपनी सलाह पर पत्नीपक्ष के लोगों से ऐसी एफआईआर लिखवाती है, जिसमें पति-पक्ष के सभी छोटे बड़े लोगों के नाम लिखे जाते हैं। जिनमें-पति, सास, सास की सास, ननद-ननदोई, श्वसुर, श्वसुर के पिता, जेठ-जेठानियॉं, देवर-देवरानिया, जेठ-जेठानियों और देवर-देवरानिया के पुत्र-पुत्रियों तक के नाम लिखवाये जाते हैं। अनेक मामलों में तो भानजे-भानजियों तक के नाम घसीटे जाते हैं। पुलिस ऐसा इसलिये करती है, क्योंकि जब इतने सारे लोगों के नाम आरोपी के रूप में एफआईआर में लिखवाये जाते हैं तो उनको गिरफ्तार करके या गिरफ्तारी का भय दिखाकर अच्छी-खायी रिश्वत वसूलना आसान हो जाता है और अपनी तथाकथित जॉंच के दौरान ऐसे आलतू-फालतू-झूठे नामों को रिश्वत लेकर मुकदमे से हटा दिया जाता है। जिससे अदालत को भी अहसास कराने का नाटक किया जाता है कि पुलिस कितनी सही जॉंच करती है कि पहली ही नजर में निर्दोष दिखने वालों के नाम हटा दिये गये हैं।
ऐसे में सुप्रीम कोर्ट के न्यायाधीश द्वय टीएस ठाकुर और ज्ञानसुधा मिश्रा की बेंच का हाल ही में सुनाया गया यह निर्णय कि "केवल एफआईआर में नाम लिखवा देने मात्र के आधार पर ही पति-पक्ष के लोगों के विरुद्ध धारा-498ए के तहत मुकदमा नहीं चलाया जाना चाहिये", स्वागत योग्य है| यद्यपि यह इस समस्या का स्थायी समाधान नहीं है। जब तक इस कानून में से आरोपी के ऊपर स्वयं अपने आपको निर्दोष सिद्ध करने का भार है, तब तक पति-पक्ष के लोगों के ऊपर होने वाले अन्याय को रोक पाना असम्भव है, क्योंकि यह व्यवस्था न्याय का गला घोंटने वाली, अप्राकृतिक और अन्यायपूर्ण कुव्यवस्था है!
Divorce in India: wedlock to deadlock?
Divorce in India: wedlock to deadlock?
http://www.ndtv.com/video/player/we-the-people/divorce-in-india-wedlock-to-deadlock/274744
http://www.ndtv.com/video/player/we-the-people/divorce-in-india-wedlock-to-deadlock/274744
Sunday, 12 May 2013
Man kills himself over dowry complaint
Man kills himself over dowry complaint
BANGALORE: Tirumallesh Reddy, a 29-year-old borewell drilling company employee, allegedly committed suicide in his office in Yelahanka New Town on Saturday morning.
Reddy was a resident of Chikkabanavara and worked for a company owned by his relative Lakshman Reddy near Mother Dairy Circle in Yelakanka. Tirumallesh had been separated from his wife Lakshmi for the past 18 months and she was staying in a rented house in the city. About ten days ago, she went to her parents' house in Andhra Pradesh to file a dowry harassment case against him with the Andhra police. Police had called him for the inquiry.
Police found he married Lakshmi, a relative, eight years ago. When they found the complaint could not attract a dowry harassment case, they asked the couple to settle the issue in court and tried to mediate a settlement. Tirumallesh was depressed and scared after his wife filed the complaint and this drove him to suicide, police said.
Before taking the extreme step, Reddy called company owner Lakshman and told him about a new customer who had asked about the company's services. He also told him he'd return to the office after going to Jakkur. Soon after, his mobile and office telephones went silent. Suspecting something amiss, Lakshman suspected something amiss and sent his nephew to look for Tirumallesh at his office
http://timesofindia.indiatimes.com/city/bangalore/Man-kills-himself-over-dowry-complaint/articleshow/20009905.cms
BANGALORE: Tirumallesh Reddy, a 29-year-old borewell drilling company employee, allegedly committed suicide in his office in Yelahanka New Town on Saturday morning.
Reddy was a resident of Chikkabanavara and worked for a company owned by his relative Lakshman Reddy near Mother Dairy Circle in Yelakanka. Tirumallesh had been separated from his wife Lakshmi for the past 18 months and she was staying in a rented house in the city. About ten days ago, she went to her parents' house in Andhra Pradesh to file a dowry harassment case against him with the Andhra police. Police had called him for the inquiry.
Police found he married Lakshmi, a relative, eight years ago. When they found the complaint could not attract a dowry harassment case, they asked the couple to settle the issue in court and tried to mediate a settlement. Tirumallesh was depressed and scared after his wife filed the complaint and this drove him to suicide, police said.
Before taking the extreme step, Reddy called company owner Lakshman and told him about a new customer who had asked about the company's services. He also told him he'd return to the office after going to Jakkur. Soon after, his mobile and office telephones went silent. Suspecting something amiss, Lakshman suspected something amiss and sent his nephew to look for Tirumallesh at his office
http://timesofindia.indiatimes.com/city/bangalore/Man-kills-himself-over-dowry-complaint/articleshow/20009905.cms
Friday, 10 May 2013
Divorced women to benefit from inherited property
Divorced women to benefit from inherited property
The Union Cabinet is all poised to table an amendment to the marriage laws, which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage, but also his inherited or inheritable property. This proposed amendment is already creating a furore.
TOI brings you the reactions of Nagpurians.
What's wrong with that?
There are many young, marriageable girls out there, who are not complaining about this impending amendment. Garima Motwani, a CA, hails the step and says: "These days, you can't trust anyone. So, this move to give a share in husband's inherited property to a girl, will secure her future. In this male-dominated society, it is not easy for a divorced girl to be independent, and when there is a child to look after, this share will help her in being economically independent."
'It is reverse dowry!'
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly. Vivek Sharma (name changed on request), an eligible bachelor, says: "Earlier, the simple system of streedhan was evolved to give the girl a part of the family wealth by her parents, which when added with her husband's wealth, helped in making her lead a comfortable life. Of course, the dowry system was abused, which led to it being banned. But now, such unrealistic amendments are being brought in as reverse dowry! Without any effort, women, who have a malicious intent, will get richer, usurping the husband's and in-laws' property. The union government is having a very lopsided approach indeed!"
'Govt is legalising extortion'
If bachelors are worried about the future of their marriage, those who have suffered in a matrimonial alliance are actually seething. Rajesh Vakaria, the founder member of Save India Family Foundation, says: "The government is actually legalising extortion by introducing such one-sided amendments. It means a woman can wear a mangalsutra, file for divorce in a couple of months, and take away the property of the man and even his family in one sweep. Matlab aaj shaadi kal talaak, patni hogi malamaal, pati hoga than-than gopal! In this case, the govt should also bring in a Pre-Nuptial law!"
'It is open to abuse'
Interestingly, there are many single women out there, who are against the proposed bill. Vidya Singh, an architect and a single mom, says: "I didn't even take alimony from my former husband. My parents have given me education, so I can take care of myself and my kids after the divorce. And when it comes to inherited property rights post-divorce, I feel when a girl hasn't contributed to the family wealth or well-being, how does she deserve the share in family property? Seeing the aggression of the girls these days, I feel there are very high chances of this law being abused!"
http://timesofindia.indiatimes.com/life-style/relationships/man-woman/Divorced-women-to-benefit-from-inherited-property/articleshow/19970107.cms
The Union Cabinet is all poised to table an amendment to the marriage laws, which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage, but also his inherited or inheritable property. This proposed amendment is already creating a furore.
TOI brings you the reactions of Nagpurians.
What's wrong with that?
There are many young, marriageable girls out there, who are not complaining about this impending amendment. Garima Motwani, a CA, hails the step and says: "These days, you can't trust anyone. So, this move to give a share in husband's inherited property to a girl, will secure her future. In this male-dominated society, it is not easy for a divorced girl to be independent, and when there is a child to look after, this share will help her in being economically independent."
'It is reverse dowry!'
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly. Vivek Sharma (name changed on request), an eligible bachelor, says: "Earlier, the simple system of streedhan was evolved to give the girl a part of the family wealth by her parents, which when added with her husband's wealth, helped in making her lead a comfortable life. Of course, the dowry system was abused, which led to it being banned. But now, such unrealistic amendments are being brought in as reverse dowry! Without any effort, women, who have a malicious intent, will get richer, usurping the husband's and in-laws' property. The union government is having a very lopsided approach indeed!"
'Govt is legalising extortion'
If bachelors are worried about the future of their marriage, those who have suffered in a matrimonial alliance are actually seething. Rajesh Vakaria, the founder member of Save India Family Foundation, says: "The government is actually legalising extortion by introducing such one-sided amendments. It means a woman can wear a mangalsutra, file for divorce in a couple of months, and take away the property of the man and even his family in one sweep. Matlab aaj shaadi kal talaak, patni hogi malamaal, pati hoga than-than gopal! In this case, the govt should also bring in a Pre-Nuptial law!"
'It is open to abuse'
Interestingly, there are many single women out there, who are against the proposed bill. Vidya Singh, an architect and a single mom, says: "I didn't even take alimony from my former husband. My parents have given me education, so I can take care of myself and my kids after the divorce. And when it comes to inherited property rights post-divorce, I feel when a girl hasn't contributed to the family wealth or well-being, how does she deserve the share in family property? Seeing the aggression of the girls these days, I feel there are very high chances of this law being abused!"
http://timesofindia.indiatimes.com/life-style/relationships/man-woman/Divorced-women-to-benefit-from-inherited-property/articleshow/19970107.cms
Wednesday, 8 May 2013
Moga police takes action against woman who registered false rape case
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/
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/
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
Tuesday, 30 April 2013
Woman accuses father-in-law of rape since 1996
Woman accuses father-in-law of rape since 1996
http://timesofindia.indiatimes.com/city/mumbai/Woman-accuses-father-in-law-of-rape-since-1996/articleshow/19792552.cms?intenttarget=no
MUMBAI: The Dahisar police have booked a man (71) after his daughter-in-law (39) registered a complaint of rape and intimidation against him on Saturday.
A month ago, the accused had approached the police, saying his daughter-in-law was blackmailing him for property. Cops said arrests will be made after verifying the complaint.
The woman claimed that since 1996, the accused would visit her in her husband's absence and rape her. He would threaten her, saying he was possessed by a goddess's spirit and the family would be cursed if she told anyone about the rape.
http://timesofindia.indiatimes.com/city/mumbai/Woman-accuses-father-in-law-of-rape-since-1996/articleshow/19792552.cms?intenttarget=no
MUMBAI: The Dahisar police have booked a man (71) after his daughter-in-law (39) registered a complaint of rape and intimidation against him on Saturday.
A month ago, the accused had approached the police, saying his daughter-in-law was blackmailing him for property. Cops said arrests will be made after verifying the complaint.
The woman claimed that since 1996, the accused would visit her in her husband's absence and rape her. He would threaten her, saying he was possessed by a goddess's spirit and the family would be cursed if she told anyone about the rape.
Police cautioned against hasty action on false sexual harassment complaints
Police cautioned against hasty action on false sexual harassment complaints
http://punjabnewsline.com/news/Police-cautioned-against-hasty-action-on-false-sexual-harassment-complaints.html
CHANDIGARH: Punjab police has asked its field staff to guard against registration of false complaints of kidnapping, abduction, rape, criminal intimidation, etc. by individuals on the basis of misrepresented and distorted facts against rivals to settle old scores.
Speaking to the media, additional director general of police (crime) Jasminder Singh said on Wednesday, “The general outcry against the cases of sexual assault in women and children and the directions to the police to carry out fair, transparent and expeditious investigation into all such cases has led to a spurt in registration of false complaints. While it is imperative to ensure prompt registration of such cases and expeditious and vigorous investigation in all such cases of sexual assault and violence, at the same time, it is incumbent on the district police chiefs to ensure that innocent persons are not booked or harassed merely on the basis of false allegations and by misrepresentation and distortion of facts. The officers must appreciate that charges of rape and abduction are serious and stigmatizing in nature, and can, therefore, cause serious and lasting damage to the reputation of the individual and his family in the society.”
He said, “In view of this, COPs and SSPs are advised to ensure fair, transparent and expeditious investigations in all such cases in the interest of justice. A preliminary scrutiny and reading of FIRs
registered in the cases would reveal that these cases need to be investigated through police officers of SP rank before taking any hasty and precipitate action in the matter.”
He said that during the past fortnight alone as many as 10 such cases have been reported from different parts of the state, which have been found to be false. He gave details of these cases as follows:
Majitha: Complainant, an adult, married one Gurcharan Singh and approached High Court for protection as her family was against the union. The complainant suspected Gurcharan Singh of having an illicit affair with his aunt and she filed a false complaint of rape against her husband.
Majitha: Complainant had a relationship with one Manjit Singh, but got married elsewhere. After a few months of living with her husband, she returned to her village and started pestering Manjit Singh to marry her. When he refused, she concocted a false story that she had been abducted by Manjit Singh and one more person.
Fazilka: Complainant had a relationship with one Om Prakash and got married to him in a temple against her father’s wishes. The father of the complainant got her to register a false case against Om Prakash as well as his brother’s wife and another person in an abduction case, which turned out to be false.
Fazilka: Complainant stated that she had been raped by one Sardool Singh, who, in turn, produced evidence that he had married her only a few days back and that they could not pull on well together and that was the reason for the false complaint.
Amritsar: Complainant had been in a long-term relationship with one Milan Kapoor and wanted to get married with him. However, Kapoor found out that she had relations with other men as well and declined her marriage proposal. Thereafter, she got a false case of rape registered against him.
Ludhiana: Complainant and the accused got engaged in May and had consensual sex on a number of occasions. Following this, the accused did not want to get married to her and she got a false case of rape
registered against him.
Ludhiana (rural): Complainant had a relationship with one Gurpreet Singh and she went by bus to meet him in Mullanpur. After her father caught the accused along with the complainant, she got a false case of abduction registered against the accused on the behest of her father.
Ferozepur: Complainant had an illicit affair with the accused and when her husband came to know of this, she got a false case of rape registered against him.
Bathinda: Complainant was under heavy debt of the accused and therefore concocted a story that the accused raped her during a village fair.
Tarn Taran: Complainant entered into a relationship with a truck driver and went with him to Chennai. She bore his child two years ago, but upon returning to Punjab the family of the accused refused to accept her. She concocted a story that she had been threatened, abducted and raped by the accused.
http://punjabnewsline.com/news/Police-cautioned-against-hasty-action-on-false-sexual-harassment-complaints.html
CHANDIGARH: Punjab police has asked its field staff to guard against registration of false complaints of kidnapping, abduction, rape, criminal intimidation, etc. by individuals on the basis of misrepresented and distorted facts against rivals to settle old scores.
Speaking to the media, additional director general of police (crime) Jasminder Singh said on Wednesday, “The general outcry against the cases of sexual assault in women and children and the directions to the police to carry out fair, transparent and expeditious investigation into all such cases has led to a spurt in registration of false complaints. While it is imperative to ensure prompt registration of such cases and expeditious and vigorous investigation in all such cases of sexual assault and violence, at the same time, it is incumbent on the district police chiefs to ensure that innocent persons are not booked or harassed merely on the basis of false allegations and by misrepresentation and distortion of facts. The officers must appreciate that charges of rape and abduction are serious and stigmatizing in nature, and can, therefore, cause serious and lasting damage to the reputation of the individual and his family in the society.”
He said, “In view of this, COPs and SSPs are advised to ensure fair, transparent and expeditious investigations in all such cases in the interest of justice. A preliminary scrutiny and reading of FIRs
registered in the cases would reveal that these cases need to be investigated through police officers of SP rank before taking any hasty and precipitate action in the matter.”
He said that during the past fortnight alone as many as 10 such cases have been reported from different parts of the state, which have been found to be false. He gave details of these cases as follows:
Majitha: Complainant, an adult, married one Gurcharan Singh and approached High Court for protection as her family was against the union. The complainant suspected Gurcharan Singh of having an illicit affair with his aunt and she filed a false complaint of rape against her husband.
Majitha: Complainant had a relationship with one Manjit Singh, but got married elsewhere. After a few months of living with her husband, she returned to her village and started pestering Manjit Singh to marry her. When he refused, she concocted a false story that she had been abducted by Manjit Singh and one more person.
Fazilka: Complainant had a relationship with one Om Prakash and got married to him in a temple against her father’s wishes. The father of the complainant got her to register a false case against Om Prakash as well as his brother’s wife and another person in an abduction case, which turned out to be false.
Fazilka: Complainant stated that she had been raped by one Sardool Singh, who, in turn, produced evidence that he had married her only a few days back and that they could not pull on well together and that was the reason for the false complaint.
Amritsar: Complainant had been in a long-term relationship with one Milan Kapoor and wanted to get married with him. However, Kapoor found out that she had relations with other men as well and declined her marriage proposal. Thereafter, she got a false case of rape registered against him.
Ludhiana: Complainant and the accused got engaged in May and had consensual sex on a number of occasions. Following this, the accused did not want to get married to her and she got a false case of rape
registered against him.
Ludhiana (rural): Complainant had a relationship with one Gurpreet Singh and she went by bus to meet him in Mullanpur. After her father caught the accused along with the complainant, she got a false case of abduction registered against the accused on the behest of her father.
Ferozepur: Complainant had an illicit affair with the accused and when her husband came to know of this, she got a false case of rape registered against him.
Bathinda: Complainant was under heavy debt of the accused and therefore concocted a story that the accused raped her during a village fair.
Tarn Taran: Complainant entered into a relationship with a truck driver and went with him to Chennai. She bore his child two years ago, but upon returning to Punjab the family of the accused refused to accept her. She concocted a story that she had been threatened, abducted and raped by the accused.
IIM professor sacked for filing false complaint of harassment
IIM professor sacked for filing false complaint of harassment
http://www.business-standard.com/article/current-affairs/iim-professor-sacked-for-filing-false-complaint-of-harassment-113042900482_1.html
A woman professor of IIM-Indore, who accused a senior colleague of sexual harassment, has been sacked after an inquiry panel found her charge to be false and baseless.
The lady professor, who is on a two-year contract and living on the official campus, has been told about the termination of her contract, a senior official said.
However, IIM's Public Relation Officer Akhta Pervez chose not to mention about the action taken against the professor.
"A 9-member Gender Sensitivity Committee (GSC) headed by retired justice of Madhya Pradesh Indrani Dutta has submitted its report to the IIM-I Director on April 27.
"GSC within the ambit of Government of India norms investigated the matter submitted its report to the director in connection with the sexual harassment case filed by one woman professor of marketing department," the PRO said.
The GSC is said to have rejected the complaint of the lady professor holding that it had no merit in it.
When contacted, IIM-I Director N Ravichandran also refused to give details.
"No comments. However, due process has been followed on the woman's complaint. It is not an issue of public domain to be disclosed," he told PTI on being asked whether the services of the lady professor had been terminated.
The lady professor could not be contacted. She had filed a complaint of sexual harassment against an associate professor of marketing department with the institute director on February 20 this year.
http://www.business-standard.com/article/current-affairs/iim-professor-sacked-for-filing-false-complaint-of-harassment-113042900482_1.html
A woman professor of IIM-Indore, who accused a senior colleague of sexual harassment, has been sacked after an inquiry panel found her charge to be false and baseless.
The lady professor, who is on a two-year contract and living on the official campus, has been told about the termination of her contract, a senior official said.
However, IIM's Public Relation Officer Akhta Pervez chose not to mention about the action taken against the professor.
"A 9-member Gender Sensitivity Committee (GSC) headed by retired justice of Madhya Pradesh Indrani Dutta has submitted its report to the IIM-I Director on April 27.
"GSC within the ambit of Government of India norms investigated the matter submitted its report to the director in connection with the sexual harassment case filed by one woman professor of marketing department," the PRO said.
The GSC is said to have rejected the complaint of the lady professor holding that it had no merit in it.
When contacted, IIM-I Director N Ravichandran also refused to give details.
"No comments. However, due process has been followed on the woman's complaint. It is not an issue of public domain to be disclosed," he told PTI on being asked whether the services of the lady professor had been terminated.
The lady professor could not be contacted. She had filed a complaint of sexual harassment against an associate professor of marketing department with the institute director on February 20 this year.
Law for Wife or Punishment to Husband
Law for Wife or Punishment to Husband
NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.
The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".
The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.
Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.
The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.
http://timesofindia.indiatimes.com/india/Government-bid-to-give-wives-inherited-property-share/articleshow/19791052.cms
NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.
The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".
The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.
Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.
The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.
http://timesofindia.indiatimes.com/india/Government-bid-to-give-wives-inherited-property-share/articleshow/19791052.cms
Monday, 29 April 2013
Dharwad SP's sister-in-law alleges him of sexually harassing her
Dharwad SP's sister-in-law alleges him of sexually harassing her
http://www.daijiworld.com/news/news_disp.asp?n_id=171875
Bangalore, Apr 27: Dharwad superintendent of police, Ravikumar, has been accused of sexually harassing his brother Kirankumar’s wife, Chandana from Bhadravati. Chandana said that Kirankumar and his family members have meted out dowry harassment to her besides posing life threats. She made these allegations at a press conference held here on Friday April 26.She said she was married to Kirankumar, a distant relative, on May 4, 2012. Even though dowry in the form of four lac rupees in cash and gold ornaments worth one lac rupees were given during the marriage, the family continued to demand for more, she alleged. Ravikumar, she said, called her over phone to say that he had since long wanted to marry her, and that in spite of her marriage with his brother, he wanted to have relationship with her. She added that she had filed a complaint in Bhadravati Papertown police station in this connection on April 11, but nothing was done by the department.
Dr Mohan Rao Nalawade, president of Human Rights and anti-corruption Organization, who accompanied Chandana, demanded for the suspension of the SP and initiation of legal action against him. Chandana’s father, Phalakshappa, and mother,Jayamma, were also present.
Reacting to the allegation, Dharwad SP, Dr Y S Ravikumar, said that the allegations were untrue, and that he is open to any form of investigation. “I do not know why I am being targeted. After the marriage of my brother, I was transferred to Dharwad. I could not visit Bhadravati after that because of pressure of work. I am surprised that such an allegation has surfaced all of a sudden,” he added.
Subscribe to:
Posts (Atom)