Couples having premarital sex are husband and wife, says HC

Couples having premarital sex are husband and wife, says HC

In a ruling which might have a far reaching impact, the Madras high court has said if a couple in the right legal age indulge in sexual gratification, it will be considered a valid marriage and they could be termed as husband and wife.

"..if any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," Justice C S Karnan said in his order.
He said that marriage formalities of tying a mangalsutra, garlands and rings were only for the satisfaction of society. Either party could approach a family court for declaration of marital status by producing documentary proof for a sexual relationship.
The judge also said once such a declaration is obtained, the couple can establish self as each others' spouse in any government records. Justice Karnan made these observations in his order on Sunday while modifying an April 2006 judgement of a family court in a maintenance case.
A family court in Coimbatore had ordered a man to pay Rs 500 maintenance per month to his two children and Rs 1,000 as litigation expenses and had held that the woman's wedding with him did not have any documentary proof.
In his judgement, Justice Karnan directed the man to pay her maintenance of Rs 500 a month from the date of petition (September 2000) and that the arrears be paid within three months.
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http://www.rediff.com/news/report/couples-having-premarital-sex-are-husband-and-wife-says-hc/20130618.htm 

'दूसरी शादी के बाद भी पहली बीवी-बच्चों का खर्च उठाएगा पति'

'दूसरी शादी के बाद भी पहली बीवी-बच्चों का खर्च उठाएगा पति'

नई दिल्ली,(पवन कुमार)। भले ही किसी व्यक्ति ने तलाक के बाद दूसरा विवाह कर लिया हो और वह अपनी बीवी व बच्चों का लालन-पालन कर रहा हो। मगर, उसे पहली बीवी और उससे पैदा बच्चों का खर्च भी उठाना ही होगा। यह टिप्पणी करते हुए अपना फैसला तीसहजारी कोर्ट की अतिरिक्त जिला जज सुजाता कोहली ने 13 वर्ष पूर्व तलाक लेने वाली गीता (परिवर्तित नाम) द्वारा दायर याचिका पर सुनाया है।
अदालत ने राजन (परिवर्तित नाम) को निर्देश दिया कि वह अपनी पहली पत्नी गीता व बेटे को दस हजार रुपये प्रतिमाह गुजारे भत्ते के तौर पर देगा और उन्हें 11 हजार रुपये इस केस के खर्चे के रूप में भी देगा। अदालत ने फैसले में कहा कि यह बात ठीक है कि राजन अपनी दूसरी पत्नी व बच्ची को पाल रहा है। लेकिन ऐसे में वह अपनी पहली पत्नी गीता व बच्चे की जिम्मेदारी से नहीं बच सकता।
अदालत ने कहा कि यह भी ठीक है कि उसका बेटा जिस स्कूल में पढ़ रहा है, उसकी शिक्षा मुफ्त है, लेकिन इसके अलावा बच्चे के खाने-पीने व कपड़ों आदि पर भी खर्च होता है। वहीं,उसकी पूर्व पत्नी गीता भी खुद कुछ नहीं कमा रही है। ऐसे में राजन अपनी जिम्मेदारी से मुंह नहीं मोड़ सकता। उसे दोनों को पालन-पोषण के लिए गुजारा भत्ता देना ही होगा।
उल्लेखनीय है कि पति से तलाक के 13 साल बाद गीता ने अपने पूर्व पति राजन से गुजारा भत्ता पाने के लिए अदालत में याचिका दायर की थी। गीता का कहना था कि उसका वर्ष 2000 में पति से तलाक हो गया था। उसका एक 13 साल का बेटा है। उसका व उसके बेटे का खर्च उसके माता-पिता उठा रहे हैं।
उसके तलाकशुदा पति राजन का ट्रांसपोर्ट का व्यवसाय है और किराए से अन्य आय भी होती है। इसलिए उसे 25 हजार रुपए प्रतिमाह गुजारे भत्ते के तौर पर व 33 हजार रुपये मुकदमे के खर्च के तौर पर दिए जाएं। वहीं, इस मामले में राजन का कहना था कि वह करीब 13 साल से अपनी पत्नी से नहीं मिला है। उन्होंने आम सहमति से तलाक ले लिया था। इतने साल तक उसने गुजारा भत्ता नहीं मांगा और अब मांग रही है। उसकी दूसरी शादी हो चुकी है और एक बेटी है, जिसका खर्च वह वहन कर रहा है।

 http://www.jagran.com/news/national-husband-will-bear-ex-wife-and-childrens-expenses-court-10485549.html

बुजुर्गो पर अत्याचार के लिए बहुएं सबसे ज्यादा जिम्मेदार

बुजुर्गो पर अत्याचार के लिए बहुएं सबसे ज्यादा जिम्मेदार

नई दिल्ली, जागरण ब्यूरो। कहने को तो हमारे देश में बुजुर्गो की बड़ी इज्जत है, मगर हकीकत यह है कि वे घर की चारदीवारियों के अंदर भी बेहद असुरक्षित हैं। 23 फीसदी मामलों में उन्हें अपने परिजनों के अत्याचार का शिकार होना पड़ रहा है। आठ फीसदी तो ऐसे हैं, जिन्हें परिवार वालों की पिटाई का रोज शिकार होना पड़ता है।
बुजुर्गो पर अत्याचार के लिहाज से देश के 24 शहरों में तमिलनाडु का मदुरई सबसे ऊपर पाया गया है, जबकि उत्तर प्रदेश का कानपुर दूसरे नंबर पर है। गैर सरकारी संगठन हेल्प एज इंडिया की ओर से कराए गए इस अध्ययन में 23 फीसदी बुजुर्गो को अत्याचार का शिकार पाया गया। सबसे ज्यादा मामलों में बुजुगरें को उनकी बहू सताती है। 39 फीसद मामलों में बुजुर्गो ने अपनी बदहाली के लिए बहुओं को जिम्मेदार माना है।
बूढ़े मां-बाप पर अत्याचार के मामले में बेटे भी ज्यादा पीछे नहीं। 38 फीसदी मामलों में उन्हें दोषी पाया गया। मदुरई में 63 फीसदी और कानपुर के 60 फीसदी बुजुर्ग अत्याचार का शिकार हो रहे हैं। अत्याचार का शिकार होने वालों में से 79 फीसदी के मुताबिक, उन्हें लगातार अपमानित किया जाता है। 76 फीसदी को अक्सर बिना बात के गालियां सुनने को मिलती हैं।
69 फीसदी की जरूरतों पर ध्यान नहीं दिया जाता। यहां तक कि 39 फीसदी बुजुर्ग पिटाई का शिकार होते हैं। अत्याचार का शिकार होने वाले बुजुर्गो में 35 फीसदी ऐसे हैं, जिन्हें लगभग रोजाना परिजनों की पिटाई का शिकार होना पड़ता है। हेल्प एज इंडिया के मुख्य कार्यकारी अधिकारी मैथ्यू चेरियन कहते हैं कि इसके लिए बचपन से ही बुजुर्गो के प्रति संवेदनशील बनाए जाने की जरूरत है। साथ ही बुजुर्गो को आर्थिक रूप से सबल बनाने के विकल्पों पर भी ध्यान देना होगा।

http://www.jagran.com/news/national-help-age-india-report-says-23-percent-of-indian-elders-face-abuse-10480408.html?src=gg_home

A day of quiet longing for these fathers

A day of quiet longing for these fathers

Partha Bhadra, a small-time businessman, rang in his son’s third birthday on Sunday with a cake topped with three candles and a handful of fellow fathers for company. But the ones conspicuously missing from the quiet celebrations were his son and wife.
A deep sense of longing is what typified Bhadra, a divorced husband, and his kind from across the city and suburbs, as they observed Father’s Day with him on a lazy Sunday afternoon.“I have not seen my son since I separated from my wife more than a year back. It’s his third birthday today and I dearly wished to see him, even from a distance. But my wife would have none of it and reminded me of our date in court instead,” Bhadra said with misty eyes, as he held up a photograph of his son Batan in one hand and a piece of cake on the other.
The trader, along with ten fellow divorced husbands, is a member of Hridaya, an NGO striving to restore men’s rights and uphold family values. While ruing their fate, Bhadra and his fellows at Hridaya called for wider implementation of the shared parenting concept, so the likes of them don’t have to spend their days longing for their sons and daughters.
“I toured the city all day with a tableau of our NGO to raise awareness about the plight of divorced or estranged fathers and send across the message that fathers too have the same rights as mothers when it comes to taking care of their children. I wouldn’t even wish my fate on my worst enemy,” Bhadra said.
Amit Gupta, an estranged husband and the secretary of the NGO, sought to highlight how rampant misuse of Section 498 A of the IPC (pertaining to excesses by husbands over dowry) has had an adverse impact on the lives of children. “Studies all over the world have shown that children of divorced or estranged couples are five times more inclined to commit suicide and 20 times more likely to turn to crime,” Gupta said.
Moulinath Ghosh, a share broker and a member of the NGO, has endured an agonising wait for his son’s company since 2010. “My wife doesn’t allow me to go near my son, fearing I might cause him harm. I am not even sure if my son uses the name I gave him— Soumalya,” said Ghosh, showing a picture of his son that unbeknownst to his wife, he took with his mobile phone.
“We demand equal access to children for both parents after divorce, as fathers too have an important role in their lives. The custody cases too shouldn’t drag on for years and should be settled at the earliest in the interest of the children,” Gupta said.

http://www.hindustantimes.com/India-news/Kolkata/A-day-of-quiet-longing-for-these-fathers/Article1-1077560.aspx

महिलाओं के और अधिक अनुकूल बनेगा विवाह कानून

महिलाओं के और अधिक अनुकूल बनेगा विवाह कानून  

विवाह कानूनों को महिलाओं के और अधिक अनुकूल बनाने के उद्देश्य से मंत्रियों का एक समूह जल्द ही इस बात का फैसला करेगा कि उन मामलों में जहां शादी को बचा पाना असंभव हो गया हो, क्या उनमें तलाक के मामले में अदालत पति की पैतृक संपत्ति से महिला के लिए पर्याप्त मुआवजा तय कर सकती है.
मंत्रियों का समूह हाल ही में विवाह कानून (संशोधन) विधेयक पर फैसला करने के लिए गठित किया गया था. मंत्री समूह यह भी तय करेगा कि अगर आपसी सहमति से तलाक के लिए पति-पत्नी में से कोई एक व्यक्ति अगर दूसरा ‘संयुक्त आवेदन’ दाखिल न करे, तो क्या कोर्ट तलाक देने में अपने विवेक का उपयोग कर सकता है.
दूसरी ओर, सरकार के भीतर ही इस प्रस्ताव को लेकर विरोधाभासी विचार हैं. सूत्रों ने बताया कि एक वर्ग की राय में, अगर अदालत को विवेक का उपयोग करने का अधिकार दे दिया जाए तो आपसी सहमति से तलाक का उद्देश्य पूरा नहीं होगा.
उन्होंने कहा कि अगर पति-पत्नी में से कोई भी एक व्यक्ति अगर संयुक्त आवेदन देने से इनकार करता है, तो दूसरे को आपसी सहमति के बजाय अन्य आधार पर तलाक के लिए आवेदन देने की अनुमति दी जानी चाहिए.
विधेयक में पति द्वारा अर्जित की गई संपत्ति में से पत्नी को हिस्सा देने का प्रावधान है. रक्षा मंत्री एके एंटनी की अगुवाई में गठित मंत्रिसमूह एक नए उपबंध 13एफ पर चर्चा कर रहा है.
इस नए प्रावधान में कहा गया है कि अगर पैतृक संपत्ति बांटी नहीं जा सकती, तो इसमें पति के हिस्से का आकलन कर पत्नी को पर्याप्त मुआवजा दिया जाना चाहिए. मुआवजे की राशि वह अदालत तय कर सकती है, जहां तलाक के मामले की सुनवाई हो. पिछले सप्ताह संपन्न पहली बैठक में मंत्रिसमूह ने आपसी सहमति से तलाक की खातिर संयुक्त आवेदन देने के इच्छुक दंपति के लिए छह माह तक इंतजार करने की अनिवार्यता नहीं रखने पर फैसले का जिम्मा अदालत को देने के मुद्दे पर भी चर्चा की.
सूत्रों ने बताया कि इस मुद्दे पर आम सहमति है क्योंकि इससे तलाक की प्रक्रिया में तेजी आएगी. इंतजार की अवधि पहले ही छह माह से 18 माह रखी गई है और मंत्रिसमूह अब इस पर विचार करेगा कि क्या न्यायाधीश इस अवधि को छह माह से कम कर सकता है. इस प्रावधान के समर्थन में सुप्रीम कोर्ट के एक फैसले का हवाला दिया जा रहा है.
विधेयक में तलाक के बाद पति की संपत्ति में पत्नी के अधिकार संबंधी उपबंध को लेकर पिछले माह केंद्रीय मंत्रिमंडल में मतभेद उभर आए थे और यह मामला मंत्रिसमूह को सौंपना पड़ा.
विधेयक को राज्यसभा में पेश करने के बाद अलग-अलग बदलावों के साथ तीन बार मंत्रिमंडल के समक्ष रखा जा चुका है. विधेयक अब भी राज्यसभा में लंबित है.
हिंदू विवाह अधिनियम 1955 तथा विशेष विवाह अधिनियम 1954 में बदलाव की मांग करने वाले संशोधन विधेयक में ‘शादी को बचाना संभव नहीं’ होने के आधार पर तलाक का विकल्प पेश किया गया है.

http://aajtak.intoday.in/story/marriage-bill-gom-to-decide-on-sufficient-compensation-for-women-1-733629.html

और भी... http://aajtak.intoday.in/story/marriage-bill-gom-to-decide-on-sufficient-compensation-for-women-1-733629.html

 

 

जबरन दूसरी जगह करा दी पत्नी की शादी?

जबरन दूसरी जगह करा दी पत्नी की शादी?

नई दिल्ली।। एक महिला ने अपने पति और सास-ससुर पर आरोप लगाया है कि उन्होंने उसकी जबरन दूसरी शादी कराई है। महिला ने मैजिस्ट्रेट के सामने दिए बयान में यह भी आरोप लगाया कि आरोपियों ने पैसे लेकर जबरन दूसरी शादी कराई। महिला के पति ने इस मामले में हाई कोर्ट में अग्रिम जमानत की अर्जी दाखिल कर कहा है कि वह निर्दोष है, लिहाजा उसे जमानत दी जाए। हाई कोर्ट ने कोई प्रोटेक्शन देने से इनकार करते हुए पुलिस से डिटेल स्टेटस रिपोर्ट दाखिल करने को कहा है। कोर्ट ने अगली सुनवाई के लिए 21 जून की तारीख तय की है।

महिला के पति ने अग्रिम जमानत की अर्जी दाखिल कर कहा है कि उसकी पत्नी ने तलाक लिए बगैर खुद ही दूसरी शादी की है और शादी के विडियोग्राफ आदि इसके सबूत हैं। महिला अपने दूसरे पति के साथ रह रही है, लेकिन पुलिस महिला को बचा रही है और उसे फंसाने की कोशिश की जा रही है। उसका इस मामले में कोई रोल नहीं है, इसलिए उसे अग्रिम जमानत दी जानी चाहिए।

वहीं, सरकारी वकील नवीन शर्मा ने जमानत अर्जी का विरोध करते हुए कहा कि इस मामले में महिला की शिकायत पर रेप का केस दर्ज किया गया है। एफआईआर के मुताबिक महिला के सास-ससुर और उसके पति ने उसकी जबरन शादी कराई। महिला का आरोप है कि पिस्टल की नोक पर उसके सास-ससुर ने पैसे लेकर एक अन्य शख्स से शादी कराई और बेहोशी की हालत में उसे उक्त शख्स के साथ भेज दिया। इसके बाद उस शख्स ने उसे बांध दिया और फिर उसके साथ रेप किया। महिला की शिकायत पर रेप, धमकी और कॉमन इंटेंशन का केस दर्ज किया गया। महिला की जिस दूसरे शख्स से शादी कराई गई, वह शख्स उससे रेप के आरोप में जेल में बंद है।

http://navbharattimes.indiatimes.com/delhi/crime/wife-accused-husband-for-forced-marriage-with-another-man/articleshow/20594191.cms 

Father's Day: 'Harassed fathers' demand gender neutral family law

Father's Day: 'Harassed fathers' demand gender neutral family law 

The Child Rights Initiative for Shared Parenting (CRISP), a Bangalore-based NGO fighting for shared parenting in case of divorce or separation, Sunday demanded reforms in family laws -- to make them gender neutral.

"The anti-father mindset unfortunately persists in our society. In divorce and separation cases, one of the parents, out of revenge, deprives the child of the love, affection and care of the other parent," CRISP founder and president Kumar V. Jahgirdar told IANS.

He said people like him, who were seeking parenting rights and joint custody of the child, find they have no relevance on International Father's Day, which falls Sunday.

"This (single parenting) is one of the worst forms of child abuse," he said.

CRISP, with more than 2,500 members across the country, said shared parenting and joint custody of children should be implemented as a rule in divorce or separation cases.

"We demand a separate union ministry for children and we demand that the new ministry be de-linked from the present women and child development ministry. Since both have different objectives and child rights are being ignored when clubbed with the women development ministry, such a mechanism would work better," he said.

The NGO also urged the Supreme Court to define what constitutes the welfare of a child and lay down guidelines to avoid the confusion that prevails in family courts.

Delhi-based child counsellor Ekta Singh, also a CRISP member, said there is need for making it mandatory that documents pertaining to child welfare like passport and school admission forms should always have the consent of both biological parents, in case of separation.

Another member, Manpreet Bhandari, a software engineer in Bangalore, involved in a divorce case, said the custodian parent, who intentionally and consistently violates the court orders of child visitation, should be declared unfit to be a guardian.

"The custody should be give to the other parent," he said.

CRISP, with its regional chapters in Chandigarh, Chennai, Hyderabad, Mumbai, Delhi and Lucknow, has been fighting to set up special courts to deal with child custody cases.

According to the data available with CRISP, more than 20,000 divorce cases are pending in family courts in Bangalore alone. The figure was collected from family courts.

http://indiatoday.intoday.in/story/harassed-fathers-demand-gender-neutral-family-law/1/280472.html

Read more at: http://indiatoday.intoday.in/story/harassed-fathers-demand-gender-neutral-family-law/1/280472.html

 

 

True Face Feminism forced on Male's

True Face of Indian feminism


http://www.ndtv.com/video/player/prime-time/video-story/232694

Domestic helps on strike from today

Domestic helps on strike from today

BANGALORE: Don't be surprised if your maid doesn't turn up for work. For, domestic workers across the country are slated to go on strike from Saturday. Their protest will culminate in a rally in New Delhi on July 31.

The National Platform for Domestic Workers (NPDW) has called for the nationwide strike. In Bangalore, the protest will take off with a rally from Banappa Park to Town Hall.

There are over 50 lakh domestic workers in Bangalore, said Sister Celia, National Care Team member in NPDW. She said the nation-wide campaign is backed by 50-60 unions and NGOs working for the betterment of domestic helps.

The International Labour Organization (ILO) adopted Convention 189 on June 16 to ensure decent working conditions for domestic workers and giving them equal rights. Activists point out that in India, the Unorganised Workers' Social Security Act (2008) and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (2013) are just for namesake.

NPDW activists slammed the government for failing to enforce any law to ensure social and legal securities of domestic workers. "Their condition is unpardonable. A large section comes from vulnerable communities and backward areas. Most are poor, illiterate, unskilled and do not understand the urban labour market," Celia told TOI.

Lack of decent wages, poor work conditions, undefined work time, violence, abuse, sexual harassment, victimization at the hands of traffickers or placement agencies and forced migration are major problems faced by domestic workers.  http://timesofindia.indiatimes.com/city/bangalore/Domestic-helps-on-strike-from-today/articleshow/20598554.cms 

Congress leader's son attempts suicide

Congress leader's son attempts suicide

INDORE: Younger son of former chairman of Indore Development Authority (IDA) and city Congress unit president Kripashankar Shukla allegedly attempted suicide by consuming poisonous substance at his house in Jinsi area here on Thursday evening. Amit Shukla, 30, consumed poisonous substance at his house in the evening and was later rushed to the CHL Apolo Hospital. His condition is stated to be out of danger, Mallaharganj police station in charge Pawan Singhal said. What prompted him to attempt suicide is still not known. Investigations are on.

Three years ago, senior Congress leader's elder son Atul Shukla had allegedly committed suicide by shooting self with a pistol at the house.
 

 

http://timesofindia.indiatimes.com/city/indore/Congress-leaders-son-attempts-suicide/articleshow/20581069.cms 

Man commits suicide, leaves note blaming cops for it

Man commits suicide, leaves note blaming cops for it

JAIPUR: A 40-year-old man committed suicide near Jaipur on Friday and left behind a note blaming two cops for pushing him to take him life as they were "torturing him to confess that he had murdered IRS officer Shriram Meena" (46).

Kamal Meena, who jumped in front of a moving train, was close to the officer's family. Some passerby has seen him walking on railway tracks on Jaipur outskirts before killing himself.

"Kamal's car was found 200m from the railway tracks. While scanning the car, a suicide note was also found in which it was written that senior police officers had tortured him while interrogating in connection with the officer's murder," said a police officer.

He identified the two as additional DCP (East) Yogesh Dadich and Sanagner ACP Rajesh Meel.

ACP (crime) Girraj Meena said Kamal's family had lodged a case on the basis of the suicide note. "The victim was called for interrogation since he was a closely associated with the family of Shriram,'' he said. "After recording his statements, police never called him back. I am of the suicide note. We will fairly investigate whether the note is genuine and if so was the deceased tortured.''

A senior officer said prima facie there was no evidence against Kamal and he was let off.

Some officers termed the note a conspiracy to mislead police in the murder case. "While police were zeroing in on actual culprits, this conspiracy was hatched to divert the attention and making the case more confusing," said a police officer.

Sriram Meena, who was deputy director in central excise intelligence, was found murdered at his residence in Sanganer on Monday. 

 

http://timesofindia.indiatimes.com/city/jaipur/Man-commits-suicide-leaves-note-blaming-cops-for-it/articleshow/20598467.cms 

Woman jailed for forcing minor into prostitution

Woman jailed for forcing minor into prostitution

A city court has sentenced a woman, who owned a brothel, to 10 years in prison for forcing a minor girl into prostitution.

Additional Sessions Judge Kaveri Baweja awarded the jail term to convict Haseena for forcing the minor girl into prostitution and for detaining the victim, who was less than 17 years old. The judge also directed closure of the brothel.
“The victim has been held to be a ‘minor’ under the Immoral Traffic (Prevention) Act, 1956, and convict Haseena is found guilty of the offences punishable under sections 5(1)(d) (inducing a minor to carry on prostitution) and 6 (detaining a person in premises where prostitution is carried on) of the Act,” the judge said.
He added:”...the above named convict is directed to undergo rigorous imprisonment for a period of 10 years”. A fine of Rs. 20,000 was imposed on the convict.
The court recommended compensation to the minor. It observed that while those soliciting or seducing any person for the purpose of prostitution are convicted under the act, their “customers” are not treated as accused under the statute”. The order came on a complaint by the victim, a native of West Bengal, who was rescued from a brothel at GB Road here. The girl alleged that she was brought to Delhi in 2009.

http://www.hindustantimes.com/India-news/NewDelhi/Woman-jailed-for-forcing-minor-into-prostitution/Article1-1076532.aspx?hts0021

Married woman, 40, booked for 25-year-old's suicide

Married woman, 40, booked for 25-year-old's suicide

NAGPUR: In a case very similar to the 1994 Michael Douglas-Demi Moore Hollywood starrer 'Disclosure', 42-year-old Veera Kalra, who is a manager at a ready-made garment store, was booked by the Sadar police on Thursday night for the abetting the suicide of 25-year-old youth Rahul Khandare who was employed at the shop. In a 5-page note, Khandare, a son of a traffic cop, had said he was taking the step for being sexually harassed by Kalra, a married woman.

Khandare, a 2{+n}{+d} year BA student, had consumed poison on May 24, the night before his birthday. He was found dead at the rural tehsil office, in Civil Lines, on the morning of May 25. Police said that Kalra is absconding and her cell phone is "not reachable" too.

Khandare's family was for the last 19 days trying to persuade the Sadar police to accept their complaint. Khandare's mother Shobha said that the police tried to hush-up the matter and had even concealed the suicide note.

"I met RV Bansod (senior police inspector at Sadar) many times and asked him to file a case against Kalra. But every time I was sent back after being told that she is a 'high-profile' woman," said Shobha.

On Tuesday, the Khandare family, with the support of NGO Oriental Human Rights Protection Forum, had sat on a dharna for two hours at the Sadar police station. Along with the NGO's city president Manish Chauhan, they had even tried to met DCP (Zone II) MY Siram, but got no response. On Thursday, they met CP, KK Pathak who then immediately ordered that a case be filed against Kalra.

"I had even applied on RTI for Khandare's suicide note," added Chauhan. "Even Rahul's father was not allowed to read the note."

Recalling the evening of May 24, Shobha told TOI that Khandare had left their home at Police Lines Takli without saying anything. "When we tried to call him after midnight to greet him on his birthday, Rahul could not be contacted. We tried throughout the night and were shocked to learn the next morning that he had committed suicide," said Shobha. Khandare's father Manohar is a naik constable and is posted at the MIDC police station.

Khandare was appointed as a counter boy by Kalra in January. However, after three months, he was sacked. "In his suicide note, Rahul has mentioned how Kalra forced him to maintain a physical relationship with her. When he stopped after a few occasions, she turned abusive. Kalra would even call Rahul late in the night asking him to meet her," said Shobha.

On one occasion when Kalra called, Khandare put the call on speaker phone and asked his younger sister to listen to the conversation. "She was using filthy language and trying to force him to continue the relationship," she said. http://timesofindia.indiatimes.com/city/nagpur/Married-woman-40-booked-for-25-year-olds-suicide/articleshow/20596669.cms 

Man demands Rs 50 lakh from wife to settle abroad

Man demands Rs 50 lakh from wife to settle abroad

AHMEDABAD: A 24-year-old woman has filed a complaint against her husband and in-laws for demanding Rs 50 lakh as dowry money from her parents with the Gujarat University (GU) police station.

According to the GU police, Purvi Parekh, a resident of Kuldip Society, Ishwar Bhuvan, has filed a complaint against her husband Vishal Parekh, father-in-law Jignesh and mother-in-law Bhavna, along with four others. As per Parkeh's complaint, she got married to Vishal in January 2011. Vishal stayed with her for a month and then went to UK for work. He promised her that she would soon join him once he settles there. Her parents were happy to have got an NRI bridegroom.

"The happiness, however, did not last long. As per Parekh's complaint, she went to London along with her mother-in-law to visit Vishal in 2012. At that time, Vishal stated that it would be difficult to survive in UK without money and he would require Rs 50 lakh. Along with his other relatives, he then started pressing Purvi to get the amount," said a GU police official.

In March this year, Vishal came back and settled in Ahmedabad after starting a job. However, the demands for money increased.

"As per her complaint, she was constantly physically and mentally harassed by her in-laws and relatives to get the dowry. We have called upon the accused in the case to record their statements on the case," said VM Selar, inspector of GU police station.
 

 

http://timesofindia.indiatimes.com/city/ahmedabad/Man-demands-Rs-50-lakh-from-wife-to-settle-abroad/articleshow/20596927.cms?intenttarget=no 

मलकागंज : पुलिस को मिली 200 पर्चियां

मलकागंज : पुलिस को मिली 200 पर्चियां

नई दिल्ली।। 9 साल की अपनी बेटी खुशी को जहर देकर खुद भी सूइसाइड करने वाले प्रवीण कुमार (42) अपनी पत्नी को रोजाना एक लेटर लिखा करते थे। उनकी पत्नी की मौत पिछले साल 30 सितंबर को हो गई थी। वह उनसे बहुत प्यार करते थे। उनके पास से पुलिस को 200 से अधिक छोटी-छोटी पर्चियां मिली हैं। जिन पर उन्होंने अपनी पत्नी के बारे में ही लिखा था।

प्रवीण और इनकी बेटी खुशी के शव रविवार दोपहर को नॉर्थ दिल्ली में मलकागंज की बस्ती जुलाहन में एक कमरे के घर में मिले थे। दोनों ने कोई जहरीला पदार्थ खाकर जान दी थी। पुलिस का कहना है कि प्रवीण ने पहले अपनी बेटी को जहरीला पदार्थ खिलाया होगा बाद में खुद खाया होगा। दोनों शवों के सोमवार को सब्जी मंडी मॉर्च्युरी में पोस्टमॉर्टम कराए गए। उसमें पता लगा है कि सल्फास की गोलियां खाकर जान दी गई।

डीसीपी सिंधु पिल्लै का कहना है कि ढेर सारी पर्चियों में से एक में प्रवीण ने अपनी मौत के समय और दिन को भी लिख रखा था। उसमें उन्होंने लिखा हुआ था कि वह 9 जून की सुबह 3 बजे जान दे देंगे। 


http://navbharattimes.indiatimes.com/delhi/crime/mlkaganj-police-found-200-slips/articleshow/20528720.cms

यूपी: आधी रात को 'प्रेमी' के साथ पकड़ी गईं अखिलेश की विधायक, 'पति' ने किया हंगामा

यूपी: आधी रात को 'प्रेमी' के साथ पकड़ी गईं अखिलेश की विधायक, 'पति' ने किया हंगामा

लखनऊ. चंदौसी की सपा विधायक लक्ष्मी गौतम कथित प्रेम संबंधों को लेकर चर्चा में हैं। विधायक के कथित पति दिलीप वार्ष्‍णेय का कहना है कि विधायक प्रेमी के साथ रह रही हैं। सपा विधायक लक्ष्मी गौतम के पति दिलीप वार्ष्‍णेय रात के अंधेरे में टीडीआई सिटी कालोनी में के ई ब्लाक के फ्लैट में कुछ लोगों के साथ पहुंचे। फ्लैट में चंदौसी के मुकुल अग्रवाल को देखकर वह भड़क गए उन्होंने हंगामा शुरू कर दिया। दिलीप का दावा है कि लक्ष्मी गौतम उनकी पत्नी हैं, वह यहां प्रेमी मुकुल अग्रवाल के साथ रह रही हैं। (प्रेग्‍नेंट बीवी से अप्राकृतिक सेक्‍स के दौरान हिंसक हो गया था बसपा नेता!)

 

लक्ष्मी का कहना है कि दिलीप वार्ष्‍णेय से उनकी शादी नहीं हुई है। दोनों लिव इन रिलेशनशिप में थे। साथ-साथ रहने के दौरान उनके दो बच्चे भी हैं। अब दिलीप से उनके कोई संबंध नहीं हैं। उनका कहना था कि दिलीप वार्ष्‍णेय उनको बदनाम करने की धमकी देकर दो करोड़ रुपए मांग रहे थे। उन्होंने मुकुल अग्रवाल को पार्टी कार्यकर्ता बताते हुए प्रेमी होने से इंकार किया।

http://www.bhaskar.com/article/UP-LUCK-love-affair-of-sp-mla-lakshmi-gautam-4291529-NOR.html?HT

Outraging modesty of women: Victim's version enough to nail accused, says HC

Outraging modesty of women: Victim's version enough to nail accused, says HC

The Bombay High Court has held that in cases of outraging modesty of women, the evidence tendered by the victim should be sufficient to nail the accused and it was not necessary to seek corroboration.
The court observed this while finding a man guilty of outraging the modesty of his brother's wife. In this regard, the Judge relied entirely upon the evidence given by the victim.
"Such evidence can be given only by the victim herself.
There is no other to see, depose or corroborate it. There have been divorce proceedings between the complainant and her husband. She was living in the same house with her child. The family members would naturally not help her if such an incident transpired," noted Justice Roshan Dalvi.
The victim has been cross-examined at length. However, no discrepancies were pointed out in her evidence. "No other can depose on her behalf", the Judge noted in her order on June 10.
The court dismissed an appeal filed by Ashok Ghodke against a Pune magistrate's order finding him guilty of outraging the modesty of his sister-in-law. However, he and other family members had been acquitted of charges of cruelty (section 498A) and 506 (criminal intimidation) of Indian Penal Code.
The high court also upheld the lower court's order of February 24, 2009, rejecting the plea of the accused that there was no independent witness in the case.
"There would be none under such circumstances. Only her (the victim's) little son was present with her. The incident happened after midnight. Hence the neighbours would be asleep", the judge observed.
"She was not allowed to shout when she tried to shout because the applicant herein closed her mouth. He would have overpowered her. The learned magistrate has rightly observed that multiplication of witnesses is unnecessary and such evidence needs no corroboration of any sort", Justice Dalvi remarked.

http://www.indianexpress.com/news/outraging-modesty-of-women-victims-version-enough-to-nail-accused-says-hc/1128551/

Suicides: Thousands of helpless men are victimized every year, says SIFF

Suicides: Thousands of helpless men are victimized every year, says SIFF

Often women are portrayed as victims, while men are seen as abusers. The arrest of Suraj Pancholi in the Jiah Khan Suicide case is not an example of the perils of lovesick women, but more evidence of an irresponsible police force says Save Indian Family Foundation, a non-profit NGO fighting for men’s rights, gender equality and family harmony

Suraj Pancholi, son of Bollywood actor Aditya Pancholi, was arrested and sent to jail for abetting the suicide of actress Jiah Khan. The actress attempted suicide eight months ago and nothing was done to ensure that she does not repeat it. Is suicide a solution to break-ups or separation?  It is absurd to assume that all human relations will remain everlasting in this age of modernity. Women are portrayed as victims, while men are seen as abusers. Pancholi’s arrest is not an example of the perils of lovesick women, but more evidence of an irresponsible police force, says Save Indian Family Foundation (SIFF), a non-profit NGO fighting for men’s rights, gender equality and family harmony.
 
According to a release from SIFF, Suraj Pancholi is not alone. Thousands of men across India have faced threats of suicide from their wives from time to time, if they do not meet her unreasonable demands. These men are scared. These abusive wives refuse to come to a counsellor or a psychiatrist. These men cannot run away from home or file for divorce, fearing that this may prompt her to commit suicide. They suffer mental and physical abuse from possessive, controlling and suspicious wives. In fact, the society laughs at them as “harassed husbands” rather than helping the man and making arrangements for counselling of such women. This phenomenon is now getting extended to relationships before marriage, as well. Being obsessively possessive and controlling is not a sign of love.
 
“India is sitting on a ticking time bomb as the society refuses to recognize the issue of threats of suicide inside marriages or in relationships. Society just behaves as if such incidents are rare or wishes that this problem will go away on its own. Then, it recommends revenge on the man if the woman commits suicide. Home ministry data says, 24% of all suicides in India are due to family reasons and 3.4% due to failed love affairs,” SIFF said.
 
This abetment to suicide law is very selectively applied by the police. When a husband commits suicide blaming torture by wife and in-laws, the police refuse to arrest the woman and her parents. However, if a wife commits suicide, the husband and in-laws go to prison for six months to two years and are presumed guilty until proven innocent. Is the life of a man cheap? Males are the disposable gender.
 
According to the NGO, Suraj Pancholi and many men are victimized as the hatred against men is fuelled by mass hysteria after incidents of rape. SIFF demands an end to large scale gender hate, stereotyping and the attitude to judge men harshly. If hate cannot solve communal or religious problems, then why it is assumed that blaming men and spreading hate against men will solve crimes against women?
 
Threat of suicide by man is actually defined as domestic violence under the Protection of Women from Domestic Violence Act (PWDVA), which is applicable to both marriages and live-in relationships. A woman can get a restraining order from a court against her husband and boyfriend if they threaten suicide. However, society and the women’s organizations force the government to refuse to protect men from such forms of domestic violence. If they had, then Suraj Pancholi would have got a restraining order and would have legally forced Jiah Khan to get psychiatric help.
 
Many actors like Shah Rukh Khan to Amitabh Bacchan have publicly proclaimed, “I am ashamed of being a man”. Shaming all men for the crimes of a few is nothing but anti-male hate or misandry. If misogyny is not healthy for the society, then how can misandry create a better society? We hope, Bollywood actors realize that in this grave hour, SIFF said.
 

 

http://www.moneylife.in/article/suicides-thousands-of-helpless-men-are-victimized-every-year-says-siff/33192.html#.Ubr9ecm5kmY.twitter 

FIR against 4 women for court paper theft

FIR against 4 women for court paper theft

NEW DELHI: Following a trial court's order, Delhi Police has registered an FIR against five members of a family, including four women, for allegedly stealing documents from the court's records and forging the order of a magistrate.

Metropolitan magistrate Pawan Singh Rajawat had directed Delhi Police to register the FIR on the complaint of a man against his estranged wife alleging theft and forgery of judicial records. "I am satisfied that this is a fit case to direct the police authorities to conduct a thorough investigation on the allegation of the complainant regarding theft and forgery of judicial records," the magistrate had said, adding that the accused should not be arrested till the police found concrete evidence against them.

The case dates back to an FIR registered against the man in 2009 under Section 498A IPC (husband or relative of husband of a woman subjecting her to cruelty) on a complaint made by his wife. The man had alleged that his wife had annexed many forged bills with respect to 'stridhan'. A complaint was made in this before Metropolitan Magistrate Neeraj Gaur who had directed the police to register an FIR for the offence of forgery on January 19, 2012.

The wife had moved a revision petition challenging this order. The man's counsel said when he was issued a notice about the revision petition, he realized the accused had attached with her petition a copy of his complaint on which Gaur had passed the order on the FIR.  http://timesofindia.indiatimes.com/city/delhi/FIR-against-4-women-for-court-paper-theft/articleshow/20581518.cms 

Woman, lover held for murdering hubby

Woman, lover held for murdering hubby

HYDERABAD: A woman and her paramour were arrested on Saturday by Humayunagar police for allegedly murdering her husband and later burying his body at Kandukur in Rangareddy district.

According to a release by additional deputy commissioner of police (West Zone) Nagaraju, Farhana Begum and Mohammed Jahangir were arrested for the murder of 36-year-old Mohammed Khaja, a fruit vendor. Farhana Begum had conspired to kill her husband Khaja as she was having an affair with her sister's husband, Jahangir. Khaja, a resident of First Lancer, smelt that his wife was in a relationship with Jahangir. The couple's marital relationship got strained five months ago, the release said. So, Farhana and Jahangir hatched a plan to eliminate Khaja. On May 20, on the pretext of visiting hospital, Farhana took Khaja to Chandrayangutta, where Jahangir was already waiting.

"On the pretext of meeting one Baba near Kandukur village and sort out their differences, the two took Khaja on Jahangir's motorcycle to Kandukuru village, where they throttled the fruit vendor to death and later buried the body,'' the release said. After that, the duo returned to Hyderabad and Farhana lodged a missing complaint at the Humayun Nagar police station. During inquiry, the duo spilled the beans that they had killed Khaja and buried his body in Kandukur, it added. http://timesofindia.indiatimes.com/city/hyderabad/Woman-lover-held-for-murdering-hubby/articleshow/20500957.cms?intenttarget=no 

Book naval officers for gang rape: Kerala high court

Book naval officers for gang rape: Kerala high court

KOCHI: The Kerala high court on Monday pulled up the state police for not charging a case of gang rape against officers at the Southern Naval Command, Kochi, on a complaint filed by a naval officer's wife and asked the director general of state police to ensure a fair investigation. Justice B Kemal Pasha also dismissed the anticipatory bail plea of lieutenant Ravi Kiran Kabdaula, husband of the aggrieved woman.


The HC questioned the police decision to register a case on charges of assault to woman with an intent to outrage her modesty (Section 354 of IPC) and cruelty by husband (498A of IPC).

Kabdaula's wife, in her complaint, had said she was taken to a room forcibly and molested by friends and superior officers in her husband's presence.  http://timesofindia.indiatimes.com/city/kochi/Book-naval-officers-for-gang-rape-Kerala-high-court/articleshow/20532670.cms 

महिला की मौत को दहेज हत्या नहीं माना कोर्ट ने

महिला की मौत को दहेज हत्या नहीं माना कोर्ट ने

हाई कोर्ट।। शादी के एक महीने के भीतर कार एक्सिडेंट हुआ और महिला की मौत हो गई। इस घटना में महिला का पति घायल हो गया। महिला के पिता ने इस मामले में आरोप लगाया कि यह दहेज हत्या का केस है , लेकिन हाई कोर्ट ने इस दलील को नकार दिया। निचली अदालत ने महिला के पति को लापरवाही से हुई मौत के मामले में दोषी करार दिया था और उसे दो साल कैद की सजा सुनाई था। साथ ही महिला के पति को निर्देश दिया था कि वह शिकायती को मुआवजे के तौर पर 7 लाख रुपये का भुगतान करें।

इस फैसले को महिला के पिता ने हाई कोर्ट में चुनौती देते हुए कहा था कि आरोपी की सजा बढ़ाई जाए और उन्हें दहेज हत्या के लिए सजा दी जाए। हाई कोर्ट ने महिला के पिता की अर्जी खारिज कर दी। हाई कोर्ट ने महिला के पति को लापरवाही से मौत का दोषी माना और दो साल कैद की सजा को सही ठहराया।

पुलिस के मुताबिक 17 जुलाई , 1999 को महिला की शादी हुई थी। शादी के बाद वह अपने ससुराल में रह रही थी। इसी दौरान 15 अगस्त , 1999 को महिला अपने पति के साथ कार से जा रही थी। रात के वक्त उनकी कार टैंकर से टकरा गई। पुलिस जब मौके पर पहुंची तो कार बुरी तरह से क्षतिग्रस्त थी और पति - पत्नी दोनों बुरी तरह घायल थे। पुलिस ने उन्हें अस्पताल में भर्ती कराया। डॉक्टरों ने महिला को मृत घोषित कर दिया।  

पुलिस ने इस मामले में लापरवाही से गाड़ी चलाने और लापरवाही से मौत का केस दर्ज किया। बाद में महिला के पिता ने शिकायत की कि उनकी बेटी को दहेज के लिए प्रताडि़त किया जाता था। पुलिस ने महिला के पति और अन्य ससुरालियों के खिलाफ दहेज हत्या और दहेज प्रताड़ना का भी केस दर्ज कर दिया।

निचली अदालत ने पति समेत अन्य ससुरालियों को दहेज हत्या व प्रताड़ना के मामले में तो बरी कर दिया , लेकिन पति को लापरवाही से हुई मौत के मामले में दोषी करार देते हुए सजा सुनाई। महिला के पिता ने हाई कोर्ट में अर्जी दाखिल कर कहा कि उनकी बेटी शादी के 28 दिनों बाद ही चल बसी। उसे उसके पति और अन्य ससुरालियों ने प्रताडि़त किया था। उसका पति उसे मारने के इरादे से मारुति 800 में ले गया जबकि उसके पास मारुति जेन भी थी। कार में सूटकेस रखी हुई थी। यह सूटकेस पहले डिक्की में थी लेकिन उसके पति ने उसे उनकी बेटी की सीट के पीछे रख दिया और जब एक्सिडेंट हुआ , तब उसके पति की सीट पीछे चली गई लेकिन उनकी बेटी की सीट नहीं झुक पाई। उन्होंने आरोप लगाया कि उनकी बेटी को मारने का प्लान था।

हाई कोर्ट ने अपने फैसले में कहा कि जब एक्सिडेंट हुआ , तब मौके पर दोनों बुरी तरह घायल थे। जिस तरह से एक्सिडेंट हुआ था , उससे साफ है कि ये केस 304 बी का नहीं है। ट्रायल कोर्ट ने यह माना कि यह केस दहेज हत्या का नहीं है। जब यह घटना हुई , उसके बाद महिला के पिता ने दहेज की मांग का कोई आरोप नहीं लगाया और कोई संदेह भी नहीं जताया। उन्होंने कोई प्रताड़ना की बात नहीं की और घटना के 37 दिनों बाद उन्होंने इसकी शिकायत की। अपने जीवनकाल में महिला ने भी दहेज प्रताड़ना की कोई शिकायत नहीं की। इस मामले में लगाए गए आरोप वैलिड नहीं हैं।

 http://navbharattimes.indiatimes.com/delhi/crime/the-court-did-not-murder-the-woman39s-dowry-death/articleshow/20496627.cms

Cop's son ends life over alleged sexual harassment by woman

Cop's son ends life over alleged sexual harassment by woman

NAGPUR: A five-page suicide note left by traffic cop's son Rahul Khandare, who committed suicide on May 24, says that he took the extreme step due to depression after being harassed by a woman for refusing to maintain physical relationship with her. The youth's relatives along with an NGO Oriental Human Rights Protection Forum staged a two-hour protest at Sadar police on Tuesday for the lack of action in the suicide and attempts to hush-up the case.

Khandare's parents claimed that the suicide note was found in his pant pockets after he ended his life. Khandare, in his twenties, had consumed poison in rural tehsil office at Civil Lines. His father Manohar is posted as a naik police constable in traffic police department and his uncle is a head constable at MIDC police station.

Parents and relatives claimed that despite the suicide note and the accused woman's name mentioned in it, Sadar police have failed to take any action in the case. "He has mentioned the woman's name in the note and also written in detail how she tortured him. He wrote that the woman had threatened to file a police complaint against him and hence Rahul was depressed," said a relative protesting at Sadar police station on Tuesday afternoon.

Relatives said Khandare was working with a garment store where the woman was his senior. She started forcing him into a sexual relationship. Relatives said that Khandare entered into a relationship but then refused to ahead when the woman became persistent. He even left the job.

Manish Singh Chavhan, city president of OHRPF, said Khandare's parents didn't keep a photo copy of the suicide note with them before handing it to the police. "Police say that they are not allowed to give the suicide note. Hence, we have appealed in RTI to get a photo copy of the note from the cops," said Chavhan.

Chavhan and Khandare also met senior police officials, who have assured quick action. http://timesofindia.indiatimes.com/city/nagpur/Cops-son-ends-life-over-alleged-sexual-harassment-by-woman/articleshow/20547687.cms 

Quarrel between a couple can’t be abetment to suicide: SC

Quarrel between a couple can’t be abetment to suicide: SC

A boy proposes to a girl. She rejects it. Feeling humiliated by the manner in which she rejects his proposition, the boy commits suicide. Should she be prosecuted for abetment to suicide?
Actress Jia Khan's suicide has once again brought to fore a question - what constitutes abetment to suicide? - which has been discussed extensively by the Supreme Court through the decades.

The Supreme Court has consistently held that a word uttered in a fit of anger or emotion without intending to trigger a step as extreme as suicide can't be said to be abetment to suicide.
The SC has also consistently clarified that to prosecute a person for abetment to suicide, prosecution has to prove that the accused had the intention and knowledge that a specific act on his part could trigger suicidal tendency in the victim.
Normal marital skirmishes or what the court put it as "normal wear and tear of marriage" could not be counted as a reason for abetment of suicide by a partner.
Discussing in detail in the case - State of West Bengal vs Orilal Jaiswal [(1994) 1 SCC 73], the SC had cautioned that the court should be extremely careful in assessing the facts and circumstances of each case and the evidence for the purpose of finding whether cruelty meted out to the victim had in fact induced her to commit suicide.
"If it appears to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty," it had said.
Just three years ago, the Supreme Court in S S Chheena Vs Vijay Kumar Mahajan had said that there had to be a positive act on the part of the accused to instigate the victim to take the extreme step of taking her own life.
"Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," it had said.
In its 2001 judgment (Ramesh Kumar Vs Chhattisgarh), the Supreme Court dealt with a classic case. After a domestic quarrel, the husband told the wife - "you are free to do whatever you wish and go wherever you like". The wife committed suicide and husband faced abetment charges.
The Court quashed the charges against the husband and said: "The present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation." 

http://articles.timesofindia.indiatimes.com/2013-06-12/india/39923991_1_abetment-suicide-anger-or-emotion 

Crimes against women: Bengal govt contests NCRB report

Crimes against women: Bengal govt contests NCRB report

NCRB data was always good topic for debate.


The West Bengal government on Wednesday contested the statistics released by the National Crime Records Bureau, saying that it did not publish the state's disclaimer that rapes and grave crimes have declined.

"Rape incidents have come down considerably as also heinous crimes in West Bengal. But the NCRB refused to publish our disclaimer despite our communication," Director General of Police Naparajit Mukherjee told a press conference here.

"We have written to the NCRB to publish our disclaimer to remove misconception (about the crime scenario)," he said.

The NCRB has reported 30,942 incidents of crime against women in the state in 2012 as against 29,133 the year before.

Mukherjee, however, claimed situation was comparatively much better in Bengal compared to other states.

"We are very serious to curb crimes against women and swift action was taken in the last six months," he said.

Stating that life sentences were awarded in cases of rape and serious crime in Malda, Uttar Dinajpur and Haldia, the DGP said, "This shows our commitment to bring down the crime rate and atrocities against women in West Bengal in the last six months."

Mukherjee said incidents of heinous crimes dropped to 1,978 in 2012 from 2,317 of the previous year.

The DGP's statement came five days after the brutal gangrape of a college girl at Barasat in adjoining North 24 Parganas which sparked off a public outcry.

Stating that a proposal to set up a new police station in Barasat was under consideration, the DGP said that the police had already taken steps in the gang rape case.

He, however, admitted that Shibu Yadav, the main accused in the assault on three TV journalists at Barrackpore in North 24 Parganas district, was still at large.

In an apparent reference to the Barasat gangrape and assault of TV reporters, Chief Secretary Sanjay Mitra said that 'stray incidents' had been reported in the state in the last two to three days with the police taking action.

"We will give chargesheet and plead in the court for awarding maximum possible punishment," the chief secretary said.

"The state government has zero tolerance on crime," he added.

The West Bengal government on Wednesday contested the statistics released by the National Crime Records Bureau, saying that it did not publish the state's disclaimer that rapes and grave crimes have declined.
"Rape incidents have come down considerably as also heinous crimes in West Bengal. But the NCRB refused to publish our disclaimer despite our communication," Director General of Police Naparajit Mukherjee told a press conference here.
"We have written to the NCRB to publish our disclaimer to remove misconception (about the crime scenario)," he said.
The NCRB has reported 30,942 incidents of crime against women in the state in 2012 as against 29,133 the year before.
Mukherjee, however, claimed situation was comparatively much better in Bengal compared to other states.
"We are very serious to curb crimes against women and swift action was taken in the last six months," he said.
Stating that life sentences were awarded in cases of rape and serious crime in Malda, Uttar Dinajpur and Haldia, the DGP said, "This shows our commitment to bring down the crime rate and atrocities against women in West Bengal in the last six months."
Mukherjee said incidents of heinous crimes dropped to 1,978 in 2012 from 2,317 of the previous year.
The DGP's statement came five days after the brutal gangrape of a college girl at Barasat in adjoining North 24 Parganas which sparked off a public outcry.
Stating that a proposal to set up a new police station in Barasat was under consideration, the DGP said that the police had already taken steps in the gang rape case.
He, however, admitted that Shibu Yadav, the main accused in the assault on three TV journalists at Barrackpore in North 24 Parganas district, was still at large.
In an apparent reference to the Barasat gangrape and assault of TV reporters, Chief Secretary Sanjay Mitra said that 'stray incidents' had been reported in the state in the last two to three days with the police taking action.
"We will give chargesheet and plead in the court for awarding maximum possible punishment," the chief secretary said.
"The state government has zero tolerance on crime," he added.
- See more at: http://www.hindustantimes.com/India-news/Kolkata/Crimes-against-women-Bengal-govt-contests-NCRB-report/Article1-1075500.aspx#sthash.fzguvHy6.dpuf

The West Bengal government on Wednesday contested the statistics released by the National Crime Records Bureau, saying that it did not publish the state's disclaimer that rapes and grave crimes have declined.
"Rape incidents have come down considerably as also heinous crimes in West Bengal. But the NCRB refused to publish our disclaimer despite our communication," Director General of Police Naparajit Mukherjee told a press conference here.
"We have written to the NCRB to publish our disclaimer to remove misconception (about the crime scenario)," he said.
The NCRB has reported 30,942 incidents of crime against women in the state in 2012 as against 29,133 the year before.
Mukherjee, however, claimed situation was comparatively much better in Bengal compared to other states.
"We are very serious to curb crimes against women and swift action was taken in the last six months," he said.
Stating that life sentences were awarded in cases of rape and serious crime in Malda, Uttar Dinajpur and Haldia, the DGP said, "This shows our commitment to bring down the crime rate and atrocities against women in West Bengal in the last six months."
Mukherjee said incidents of heinous crimes dropped to 1,978 in 2012 from 2,317 of the previous year.
The DGP's statement came five days after the brutal gangrape of a college girl at Barasat in adjoining North 24 Parganas which sparked off a public outcry.
Stating that a proposal to set up a new police station in Barasat was under consideration, the DGP said that the police had already taken steps in the gang rape case.
He, however, admitted that Shibu Yadav, the main accused in the assault on three TV journalists at Barrackpore in North 24 Parganas district, was still at large.
In an apparent reference to the Barasat gangrape and assault of TV reporters, Chief Secretary Sanjay Mitra said that 'stray incidents' had been reported in the state in the last two to three days with the police taking action.
"We will give chargesheet and plead in the court for awarding maximum possible punishment," the chief secretary said.
"The state government has zero tolerance on crime," he added.
- See more at: http://www.hindustantimes.com/India-news/Kolkata/Crimes-against-women-Bengal-govt-contests-NCRB-report/Article1-1075500.aspx#sthash.fzguvHy6.dpuf

Amendment in property rights of women draws mixed responses

Amendment in property rights of women draws mixed responses

Pune
The Union Cabinet had earlier come out with a law stating that woman enjoyed a share in all the immovable property owned by the husband in case of a divorce.
However, with a recent amendment, a woman now gets a clearly defined share but only from the residential immovable assets of her husband, which includes just the residential property rather than all the immovable assets.
“The most important aspect of the amendment is that in the eventuality of a divorce, women will be entitled to a share in the property or assets acquired by the couple after marriage. According to the prevailing law, the husband pays the woman a monthly maintenance or a one-time settlement, both of which, in most cases, are a pittance,” says Ashok Kumar, Principal and MD, Cresa Partners, India.
According to Om Ahuja, CEO – Residential Services, Jones Lang LaSalle India, the amendment will go a long way in providing women a higher degree of financial security after divorce. “In the majority of cases, residential property tends to be the largest single asset that an individual holds. As against the earlier ambiguity in terms of rights and entitlement, the amendment now specifies clearly an assured share in the residential property. By all accounts, this is a far more empowering compensation than the rather patronizing payment of maintenance,” adds Ahuja.
Additionally, a clause in the proposed amendment, gives the courts the right to reduce or waive the six months cooling period prior to the grant of a divorce. The waiving off on grounds of irretrievable breakdown, says Kumar, is significant as it will make the process much less stressful for couples who clearly do not want to be together.
Though the amendment has been lauded by many, other experts feel that this step is unfair and can disturb the economic security of women.
Says Advocate Asim Sarode, “With the new amendment, the economic security of the women is disturbed. The initial law wherein the wife would get a share in all the immovable property was quite fair. Now there will be a burden on women to gain economic support. The law should have ensured equal distributions of wealth in case of a divorce.”
Furthermore, the country currently needs to empower women which they say is not encouraged with the new law. Shashi Sharma, Chairperson, Women for Good Governance says, “If the woman is inclined to fight for her rights, family members stop her. There are emotional barriers for her while implementing her rights. The laws which increase her importance in the house and society at large and ultimately lead to her empowerment must be implemented.”
Avers Darshana Parmar Jain, Deputy Managing Director, iParmar Group, “In a country where empowering women is the order of the day, there are talks of reservations for women and education for girls; this move will not ensure equality. The law would adversely affect the rural population mainly.”
Additionally, it is also believed that the country is not ready for such a law. “This move is not the right thing to do at this stage. Probably 20 years from now when the country has progressed enough and women start getting equal opportunity in all fields should they think about such amendment. India, currently, is not ready for such a move,” Jain says.
Agrees Roopa Mudliar, Executive Director (Sales, Marketing and Business Development), Vascon Engineers Ltd, “When women come shoulder to shoulder with men, probably we won’t need this law at all. If both get equal status then women should not ask for any special thing. But looking at the current scenario where women work at home and men work out to earn a living, the women deserve a share in both moveable and immovable assets.”
In all fairness, Jain also points out the other side. “There is a very small percentage of women who take advantage and hence, in the interest of larger audience, I do not support such an amendment.”
According to Mudliar, men may take advantage of this move. “Men may take advantage of the fact that women has rights only on the immovable property and thus convert all the immovable property to movable property to avoid giving a share to their women which they deserve,” she says.
Moreover, as is the case with most progressive legislations, the main challenge lies in their implementation. Surabhi Arora, MRICS, Associate Director- Research, Colliers International says, “There is no clarity about the law as the terms are not clearly defined. Before implementing any kind of law, one should look at its implications on society as there will be an increase in number of court cases or there would be a need to set up separate court for these kind of cases.”
Sarode concludes, “There is a need for a law that is fair and applicable to all. The new amendment is not logical. We are sending letters to the law commissioner condemning this amendment. The concerned authorities ought to address this issue.”

http://content.magicbricks.com/amendment-in-property-rights-of-women-draws-mixed-responses/

Suraj Pancholi’s arrest surprises legal experts

Suraj Pancholi’s arrest surprises legal experts

MUMBAI: Suraj Pancholi's arrest on charges of abetting actor Jiah Khan's suicide has surprised legal experts given the lack of success in securing convictions in such cases.

Lawyers say evidence in the case is unconvincing as cops are replying largely on a letter that Jiah's mother gave them several days after the suicide.

"There is huge doubt whether the letter can actually be considered a suicide note," said a public prosecutor. "First the handwriting needs to be analyzed to authenticate that Jiah had written the letter. Secondly, the date on which it was written also needs to be investigated. If the letter is dated, then it may not prove that the person had immediate provocation to commit suicide.''

Experts say even in cases, where cops have suicide notes, there is no clear trend that they actually end up as evidence to convict people.

In 2008, actor Navin Nischol and his brother, Pravin, were acquitted of charges of abetting the suicide of former's wife, Geetanjali, two years earlier. She had left a suicide note holding Navin responsible. The acquittal order came after defense lawyers said Geetanjali had taken the step while suffering from depression and there was no evidence that she was pushed to suicide.

Lawyers cite the Supreme Court's 2010 order, which said abetment involves a mental process of instigating a person or intentionally aiding a person in committing suicide. "Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," the court had said.

A Mumbai court discharged pilot Arjun Menon for abetting airhostess Sucheta Anand's suicide in 2008, saying there was not enough evidence to try him. Police had relied on SMSes Menon and Anand had exchanged before she ended her life to suggest that there was an argument between the two.

But Menon pleaded all along that the differences could not be blamed for driving her to suicide. His lawyer had argued there should have been sufficient evidence to show that he deliberately provoked or incited her to commit suicide.

The 2010 Viveka Babajee suicide case is another such instance. Police had found an entry in Babajee's diary that read 'U killed me, Gautam Vora'. Vora, a stock broker, had been in an alleged relationship with the model before she killed herself after a heated exchange with him.

Vora was questioned and even applied for anticipatory bail. He was eventually let off with no case registered against him.   http://timesofindia.indiatimes.com/city/mumbai/Suraj-Pancholis-arrest-surprises-legal-experts/articleshow/20548810.cms?google_editors_picks=true&google_editors_picks=true 

Sooraj Pancholi may face domestic violence charge

Sooraj Pancholi may face domestic violence charge

There may be more trouble for Sooraj Pancholi for his alleged role in model-turned-actress Jiah Khan's suicide. The Juhu police are contemplating charging Sooraj with an additional section of harassment based on the sixpage letter found by Jiah's mother, Rabia, who has also told the police that Jiah and Sooraj were in a livein relationship.

Vishwas Nangre Patil, additional Commissioner of police (west region), said, "We plan on charging Sooraj under section 498(a) of the domestic violence act. A recent supreme court judgement stated a live-in relationship is similar to marriage and victims of violence in a live-in can also file complaints under the section."

Those found guilty under the act can face imprisonment up to three years. Twenty-two-year-old Pancholi was remanded to police custody till June 13 for allegedly abetting Jiah Khan's suicide.

The police in their remand copy mentioned Sooraj had physically abused Jiah. According to the police officers Rabiya had told them that the bouquet sent by Sooraj to Jiah before her suicide was a break-up bouquet.

In her letter, Jiah had also mentioned she had an abortion. Cops said they will speak to the doctors who treated Jiah and conducted her abortion. The police have also mentioned five letters exchanged between Jiah and Sooraj that were found in the latter's house. "We will question Sooraj about these letters," added Patil. MMB

 

http://www.mumbaimirror.com/mumbai/crime/Sooraj-Pancholi-may-face-domestic-violence-charge/articleshow/20547645.cms 

Doctor accused of raping patient gets anticipatory bail

Doctor accused of raping patient gets anticipatory bail

Bombay High Court Tuesday granted anticipatory bail against a surety of Rs 1 lakh to Dadar-based Dr Rustom Soonawala (47), accused of raping his 27-year-old patient at his clinic in Khar last month.
The court directed police not to arrest Soonawala until the chargesheet is filed. It, however, said police can take Soonawala into custody for conducting blood and semen tests. He can be kept in custody for 12 hours if the tests are conducted in Mumbai or for 24 hours if the tests are conducted outside Mumbai, the court said.
Soonawala moved High Court after a sessions court rejected his application seeking the examination of his blood and semen samples before arresting him. Soonawala's lawyer Abad Ponda told the court that the examination of his blood and semen samples as well as testing of his DNA would indicate whether or not he can be charged with rape. "The commission of the offence of rape will be established if the medical tests are positive. Only an innocent man will agree to undergo such tests in a rape case," Ponda told the court.
Additional public prosecutor Purnima Kantharia said Soonawala's custody was required as he was influential and could tamper with the tests. She said semen stains were found on the bed sheet in the clinic where Soonawala had examined the victim and he was the only male member in the room as the victim's husband was seated outside.
The victim's lawyer Mihir Desai argued that Soonawala had absconded and should not be granted anticipatory bail. He said there is no reason why the victim should make false allegations against him. Desai said Soonawala's offer to get his blood and semen tested was no generosity as every accused has to undergo these tests in a case of rape.
Justice R S Dalvi, however, felt that was not necessary for the police to keep Soonawala in custody to proceed with the investigation.

http://www.indianexpress.com/news/doctor-accused-of-raping-patient-gets-anticipatory-bail/1127895/0

Police knowingly filing false rape cases, alleges Dalit activist

Police knowingly filing false rape cases, alleges Dalit activist

Police inactivity over “false cases of rape and assault” filed by a young woman against her mother and uncle came to the fore at the monthly Scheduled Caste and Scheduled Tribe meeting held here on Sunday.

Speaking at the meeting held at the office of superintendent of police, S.P. Anand, a Dalit activist, said more than two months ago, a 22-year-old woman, belonging to an OBC (Other Backward Classes) community, filed cases at the Venoor Police Station against her mother Sunanda and her uncle Shamappa, who had, using force, disallowed her from having an affair with Manoj (45), a daily wage worker who has a wife and children in Kerala.

“The mother says that the woman is not mentally-capable of making decisions on her own. She is very naïve and was charmed by the married man. When this was known, the family forced her to stay away from him, and evicted Manoj from Shamappa’s house where he was a tenant. However, on Manoj’s insistence, the woman filed a complaint of sexual assault against her family,” said Mr. Anand.

He alleged that even though the police knew the complaint was false, they filed a case, forcing the economically-backward family to seek bail. “They can’t afford the bond, and the court fees,” said the activist.

‘No action’

In another case of alleged rape under the Bantwal Rural Police Station limits, Dalit activist P. Keshav said though a sexual assault complaint was filed with the station on April 19, no arrest had been made so far.

“The girl went through a medical check-up, and rape was confirmed. Why haven’t the police arrested the person?” he said.

Dakshina Kannada SP Abhishek Goyal said both cases would be re-examined, and action taken.

The activists also urged the SP to look into the traffic snarls at B.C. Road flyover. “I will call a meeting with National Highway officials and try to make the flyover two-way to ease congestion,” said Mr. Goyal. 

http://www.thehindu.com/news/cities/Mangalore/police-knowingly-filing-false-rape-cases-alleges-dalit-activist/article4778011.ece 

False rape cases by helps: Court for checks on agenciesa

False rape cases by helps: Court for checks on agenciesa

NEW DELHI: A trial court has suggested that the Delhi government should frame guidelines for regulating placement agencies supplying domestic help to curb instances of registration of false rape cases.
This observation was made by additional sessions judge Nivedita Anil Sharma while acquitting an 82 -year-old resident of the charge of raping his maid.

The court said the case at hand is a "living example" of placement agency's maid raising false rape and threat allegations against her old and ailing employer only to "achieve her selfish ends of extorting money over and above her salary".
While directing that a copy of the order be sent to secretaries of Union ministry of law and justice and the Delhi government, chairpersons of National Commission for Women and Delhi Commission for Women and commissioner and additional commissioner(West) of Delhi Police for information purpose, the court said, "In my considered view, it is time that we as a civil society stand up not to only protect, shelter and rehabilitate a victim of rape but also to protect and shelter an accused against whom false allegations of rape have been leveled."
The court noted that it was informed there are no laws, policies or rules to regulate placement agencies which supply maids and servants. "It is required that some regulatory law or policy is made by the government and police so that there can be check on the placement agencies and it is made compulsory that police verification of the maids and servants is done before they take up employment," it said. 

 http://articles.timesofindia.indiatimes.com/2013-06-11/delhi/39897664_1_placement-agencies-delhi-commission-delhi-police

Man entitled to divorce if wife doesn't let his parents stay with them, rules HC

Man entitled to divorce if wife doesn't let his parents stay with them, rules HC

In a significant verdict, the Gujarat high court has said a husband is entitled to divorce if his wife does not allow his parents to stay with them and also prevents him from taking care of the parents.
The bench of chief justice Bhaskar Bhattacharya and justice JB Pardiwala on Monday granted divorce to a Surat-based doctor saying that the behaviour of his wife, also a doctor, amounted to ‘mental cruelty’. The petition for divorce was filed by the husband who had sought dissolution of their 15-year-old marriage.
"The court granted divorce, holding that the wife’s actions amounted to mental cruelty towards the husband,” said AY Kogje, counsel for the husband.
“We had sought dissolution of the marriage as the wife did not want her in-laws to stay with them and also prevented her husband from keeping any contact with his parents. The court ruled that such action can be covered under the definition of mental cruelty,” the lawyer said.
Milind Dave (name changed) had filed for divorce from Mitali (name changed) on the ground that his wife had not allowed his father and mother to stay with them.
Not only that, the wife had also prevented him from keeping his mother with them after his father died of blood cancer.
According to the petition, in 2007 too the husband had filed for divorce in the Surat family court on the ground of mental cruelty caused by his wife by refusing to allow his parents to stay with them at their house in Surat. However, the court in 2012 rejected the husband’s plea.
Milind then filed an appeal in the high court. He put several grounds and evidence against his doctor-wife.
According to the petition, the wife had not only objected to his parents staying with them, she had also objected to his going to Ahmedabad to take care of his father who was then suffering from blood cancer. Milind’s parents were then living in Ahmedabad.

http://www.dnaindia.com/india/1825890/report-man-entitled-to-divorce-if-wife-doesn-t-let-his-parents-stay-with-them-rules-hc