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Saturday, 6 July 2013

कसम खाओ दोबारा शादी नहीं करोगी! तो ही मिलेगी पेंशन

कसम खाओ दोबारा शादी नहीं करोगी! तो ही मिलेगी पेंशन

वैसे तो सिविक एजेंसिया अपने काम करने के तरीके के चलते हमेशा सुर्खियों में रहती हैं, लेकिन अब ईस्ट एमसीडी के अधिकारियों का अनोखा कारनामा सामने आया है, जिसमें विधवा और वृद्धावस्था पेंशन पाने के लिए अधिकारी तलाकशुदा और विधवा महिलाओं से दोबारा शादी ना करने की कसम खिलवा रहे हैं.
गुरुवार को हुई ईस्ट एमसीडी स्टैंडिंग कमेटी में उस वक्त सब हैरान रह गए जब ईस्ट दिल्ली की पूर्व डिप्टी मेयर उषा शास्त्री ने 60 वर्ष से अधिक आयु की विधवाओं एवं तलाकशुदा महिलाओं से भविष्य में शादी नहीं करने के वायदे के तौर पर शपथ पत्र मांगने के मामले का खुलासा किया. पार्षद उषा शास्त्री ने कहा, 'मैंने स्थाई समिति में ये मुद्दा उठाया था कि जो फॉर्म वापस लौटाए जा रहे हैं उनमें से कुछ में महिलाओं से दोबारा शादी ना करने का एफिडेविट मांगा जा रहा है.' बतौर उषा शास्त्री मामला इसलिए भी गंभीर है क्योंकि इस तरह का शपथ पत्र न देने पर अधिकारी पेंशन देने की प्रक्रिया को आगे नहीं बढ़ा रहे थे.
हालांकि स्थाई समिति की बैठक के बाद शाहदरा नॉर्थ जोन के डीसी और पूर्वी दिल्ली नगर निगम के कमिश्नर ने भरोसा दिलाया कि ऐसा हलफनामा आगे से नहीं मांगा जाएगा, लेकिन महिलाओं की अस्मिता पर सवाल उठाने वाले इस मामले ने पूर्वी दिल्ली नगर निगम की किरकिरी तो करवा ही दी.

What India’s New ‘Anti-Rape’ Bill Actually Says

What India’s New ‘Anti-Rape’ Bill Actually Says

NEW DELHI–After clearing the Lok Sabha or lower house of Parliament earlier this week, a bill to toughen India’s laws on sexual offenses is being debated in the upper house on Thursday.
The bill, which will amend India’s penal code and laws of criminal procedure and evidence, was drafted in response to widespread street protests after the fatal gang rape of a 23-year-old woman in Delhi in December.
Among the significant provisions of the bill, seen by India Ink, are longer sentences for sex offenders, a broader definition of rape and punishments for other sex crimes like stalking and voyeurism.
Here are some of the bill’s crucial changes:
Women’s rights advocates and victims of sexual offenses have long accused a male-dominated police force of refusing to register complaints by women, and even facilitating a monetary settlement or brokering a marriage between victims of rape and the accused.
The bill lays down punishment for police officers who fail to record the initial complaint, known as the first information report, of a woman who alleges she was attacked with acid, assaulted by a man who intended to molest her or “outrage her modesty,” stripped naked or raped. Such officers can receive jail terms of six months to two years.
The bill creates a separate offense to address acid attacks, common in South Asian countries, especially by men who are spurned by women they express an interest in.
Under the bill, those convicted of throwing acid on a woman, causing “permanent or partial damage or deformity,” or maiming or disfiguring her, will be punished with prison sentences ranging from 10 years to life and a fine.
With an eye to the rehabilitation of the victim, the bill says the fine should be paid to the woman as compensation.
The bill defines sexual harassment, which includes “physical contact and advances involving unwelcome and explicit sexual overtures,” a demand for sexual favors and showing pornography to a woman who does not want to see it. Those convicted of harassment can receive prison sentences of up to three years.
Making “sexually colored” remarks is also included in the definition of sexual harassment, for which the bill prescribes a prison sentence of up to a year.
The bill criminalizes the forced stripping of women, or disrobing, in public spaces or in private confines, with a minimum jail term of three years and a maximum of seven. Under the current law, disrobing a woman is not a separate offense.
One of the more controversial provisions in the bill is the section on voyeurism, which seeks to punish men who watch or photograph women who are conducting a “private act,” such as bathing, using the toilet or having sex.
The bill lays down a punishment of three to seven years in prison for those convicted of voyeurism more than once.
Voyeurism is not a separate offense under the current law.
The bill creates another new, and much-debated, offense: stalking. This provision deals with men who follow a woman and establish contact with her or attempt to do so “to foster personal interaction repeatedly despite a clear indication of disinterest” by the woman.
E-stalking, or monitoring of a woman’s activities online, such as browsing or checking of e-mail, has also been made punishable.
A man convicted of stalking once can be sentenced to a term of up to three years, and if convicted again can receive a sentence of up to five years.
The bill expands the definition of rape to include not just penovaginal intercourse but the insertion of an object or any other body part into a woman’s vagina, urethra or anus, and oral sex.
This responds to a longstanding demand of women’s rights groups. The issue of rape by different means was highlighted in the Delhi gang-rape case, where an iron rod was inserted into the young woman’s body.
Prison sentences for rape can range from seven years to life. The current law allows courts to hand down a sentence of less than seven years for “adequate and special reasons,” a provision omitted in the bill.
The bill raises the age of consent for sex to 18. This means that intercourse with a woman under 18 is statutory rape and courts conducting rape trials cannot consider whether the woman consented to having sex. It also, in effect, criminalizes consensual sex with women under 18, a subject of much controversy.
The bill does not make marital rape an offense, ignoring a longstanding demand of women’s rights advocates.
The bill takes a tough stand on rape by public servants. Under the current law, when a rape is committed by a police officer or prison staff, those convicted can be punished with sentences ranging from 10 years to life.
The bill clarifies that imprisonment for life means the convict must remain in prison till the end of his natural life.
The bill also allows women to bring a complaint of rape against members of the armed forces.
When a rape leaves a woman dead or in a “persistent vegetative state,” the bill demands a minimum sentence of 20 years in prison and a maximum punishment of death. This is the first time that the death penalty is being prescribed for sexual offenses in India, which, unlike nearly all European nations, retains the death sentence, but uses it only in the “rarest of rare cases.”
The bill increases the minimum punishment for gang rape from 10 years imprisonment to 20 years, and the maximum punishment to life imprisonment.
The bill provides for life imprisonment or death for repeat offenders convicted of rape and gang rape.
The bill makes procedural changes to address concerns that women are uncomfortable or intimidated by male police officers, or are treated with insensitivity when they approach police stations to register complaints of sex crimes.
The bill requires that all initial reports involving sexual harassment, disrobing, voyeurism, stalking, rape and gang rape be taken by women officers only.
In order to ensure speedy trial, the bill requires that rape trials be completed “as far as possible” within two months from the time the police file charges against the accused.

http://india.blogs.nytimes.com/2013/03/21/what-indias-anti-rape-bill-actually-says/

Friday, 5 July 2013

Like a virgin, touched for very second time

Like a virgin, touched for very second time

AHMEDABAD: A plastic surgeon was in for a surprise recently — a boy and his girlfriend came to consult him for hymenoplasty, a procedure in which the hymen is reconstructed in women.
The boyfriend told the doctor that they were in love and had engaged in premarital sex for over a year. However, since the two belonged to different cultures, their parents were not in favour of their marriage and hence they had no choice but to part ways and get married to different people.

"The boy wanted me to restore the hymen so that the husband believes that the girl is a virgin on the wedding night," said Dr Hemant Saraiya, a plastic surgeon. "He said that he supported her as he did not want her to be in trouble for the hymen not breaking. This was the first case of a boyfriend accompanying his girlfriend for hymen reconstruction which indicated that the society is changing."
Saraiya said that he is routinely consulted by girls, coming along with their friends, to get hymen reconstructed before their wedding.
"Premarital sex is very common these days and while there are men who do not insist on their wives being virgins, there are many belonging to conservative families who insist on this 'virtue'," he said.
"Many girls who have had physical relations with various boyfriends get hymen reconstructed before marriage. While most girls come with their friends, one girl was accompanied by her mother."
In hymenoplasty, a mesh of tissues taken from inside the vagina walls is constructed into a hymen which, like the original structure, can break.
Dr Aashit Shah, another plastic surgeon, said that hymenoplasty was becoming a popular method to restore virginity in girls who have had premarital sex and were getting married to men other than their lovers.

http://articles.timesofindia.indiatimes.com/2013-06-06/ahmedabad/39787975_1_plastic-surgeon-hymen-virgin 

SC cautions on slapping murder charge in dowry death case

SC cautions on slapping murder charge in dowry death case 

HDFC Bank’s 30 year home loan New Delhi, July 4: In dowry death cases, the trial courts should not mechanically frame a murder charge against the accused unless there is prima facie evidence supporting the finding, the Supreme Court has said. "The question whether it is murder punishable under Section 302 IPC or a dowry death punishable under Section 304B IPC depends upon the fact, situation and the evidence in the case," said the apex court bench of Justice TS Thakur and Justice Ranjana Prakash Desai in a recent judgment. "If there is evidence whether direct or circumstantial to prima facie support a charge under Section 302 IPC, the trial court can and indeed ought to frame a charge of murder punishable under Section 302 IPC, which would then be the main charge and not an alternative charge as is erroneously assumed in some quarters," said Justice Thakur pronouncing the judgment. If the main charge of murder was not proved against the accused at the trial, the court could look into the evidence to determine whether the alternative charge of dowry death punishable under Section 304B was established, the apex court said. The ingredients constituting the two offences were different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients, the bench said. A charge under Section 304B of the Indian Penal Code (IPC) was not a substitute for a charge of murder punishable under Section 302 of the IPC, the court said. The court said this while clarifying its earlier order of Nov 22, 2010, which was being "mechanically" read to invoke the charge of murder in every dowry death case. The apex court by its interim order had directed all trial courts to ordinarily add Section 302 of the IPC to the charge under Section 304B "so that death sentences could be imposed in such heinous and barbaric crimes against women". Setting aside a Delhi High Court order upholding the addition of murder charges by the trial court in pursuance to the apex court's Nov 22, 2010, interim order, Justice Thakur and Justice Desai said: "That was not, in our opinion, the true purport of the order passed by this court." Clarifying the Nov 22, 2010, interim order, the apex court said: "The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case." "All that this court meant to say was that in a case where a charge alleging dowry death is framed, a charge under Section 302 can also be framed if the evidence otherwise permits," the judgment said. It is common ground that a charge under Section 304B IPC is not a substitute for a charge of murder punishable under Section 302. The court said this while addressing the question whether the high court was justified in affirming the trial court decision to add murder charge against Jasvinder Saini and others who were under penal provisions for punishment for cruelty against woman by her husband and his relatives, dowry death and criminal breach of trust. Initially while framing the charges, the trial court did not find any evidence to invoke the murder charge but added it after the apex court's Nov 22, 2010, interim order. Saini and his relatives were named as accused in the case of his wife Chandni's death under unnatural circumstance.

http://www.samachar.com/SC-cautions-on-slapping-murder-charge-in-dowry-death-case-nheuM3hdbbj.html

Wives Are Cheating 40% More Than They Used to, but Still Half as Much as Men

Wives Are Cheating 40% More Than They Used to, but Still Half as Much as Men

According to recent data from the National Opinion Research Center's General Social Survey, American wives were nearly 40 percent more likely to be cheating on their spouses in 2010 than in 1990. The number of husbands reporting infidelity, meanwhile, stayed constant at 21 percent. Could women soon be catching up with male indiscretions in the world of infidelity? Yanyi Djamba, director of the AUM Center for Demographic Research, certainly seems to think so, telling Bloomberg that "the gender gap is closing" and explaining that men have been more likely to blame adultery on an unhappy marriage.
RELATED: One in Ten Europeans Were Conceived in IKEA Beds
What could be driving the rise of female cheating? Explanations abound, ranging from women's increased economic independence over the past several decades (women "can afford the potential consequences of an affair, with higher incomes and more job prospects," argued one sociologist) to  cultural shifts to the Internet (including but not limited to dating and extramarital meetup sites). The user data for one such service, Ashley Madison, more or less confirms the data, at least in terms of age brackets:
The ratio of males to females is greatest among users older than 65, with 14 men for every woman. The ratio is 4-to-1 among users in their 50s, 3-to-1 for spouses in their 40s, and evenly divided among people using Ashley Madison in their 30s.
But there's no word on whether or not the NORC survey contains data on same-sex marriages — which, of course, did not exist in the '80s — and how the patterns may change as more and more gay couples are legally able to <strike>commit adultery</strike> get married. What we do know is that executives and managers are more likely to cheat than any other career, supporting the notion that wealth and power plays a role in encouraging infidelity — but then was that ever really in doubt?

http://news.yahoo.com/wives-cheating-40-more-used-still-half-much-193141903.html

Male Victims of Domestic Abuse Continue to Suffer in Silence

Male Victims of Domestic Abuse Continue to Suffer in Silence

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

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

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

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


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


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


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

Singer Hemanth accused of dowry harassment

Singer Hemanth accused of dowry harassment

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

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

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

Wednesday, 3 July 2013

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

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

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

शादीशुदा मर्दों को विचलित कर सकती है ये खबर

शादीशुदा मर्दों को विचलित कर सकती है ये खबर

आमतौर पर ये माना जाता है कि शादी के बाद जिंदगी खुशहाल हो जाती है और जिंदगी में नए बदलाव आते हैं।

लेकिन एक सर्वें में ठीक इसके विपरीत परिणाम निकले हैं। हाल ही में हुए सर्वें में ये बात सामने आई है कि जिंदगी को अलविदा कहने में कुंवारे पुरूषों से आगे हैं शादीशुदा मर्द।

राष्ट्रीय अपराध रिकॉर्ड ब्यूरो (एनसीआरबी) की हालिया रिपोर्ट के मुताबिक वर्ष 2012 में आत्महत्या के सरकारी आंकड़ों पर वैवाहिक स्थिति के हिसाब से नजर डाली जाए तो पता चलता है कि पिछले साल अपनी जीवन लीला का खुद अंत करने वालों में 70.3 फीसदी विवाहित पुरुष थे।

जबकि 22.6 प्रतिशत शादी के बंधन में कभी नहीं बंधे थे। एनसीआरबी की रिपोर्ट के अनुसार वर्ष 2012 में देश में आत्महत्या के कुल 1,35,445 मामले दर्ज किए गए थे।

पिछले साल 63,343 शादीशुदा पुरुषों ने जान दी, जबकि 31,921 विवाहिताओं ने आत्महत्या का कदम उठाया।

उधर, साल 2012 में खुदकुशी करने वाले कुंवारे पुरुषों की संख्या 19,727 थी। वहीं शादी के बंधन में नहीं बंधने वाली 10,830 महिलाओं ने मौत को गले लगाया।

पिछले साल आत्महत्या का कदम उठाने वाले लोगों में 3.7 प्रतिशत विधुर या विधवा के दर्जे वाले थे। खुदकुशी करने वालों में 3.5 प्रतिशत लोग या तो तलाकशुदा थे या किसी वजह से अपने जीवनसाथी से अलग रह रहे थे।

सरकारी आंकड़ों के मुताबिक पिछले साल खुदकुशी के मामलों में पुरुष-स्त्री अनुपात 65-35 रहा यानी जान देने वाले हर सौ लोगों में 65 पुरुष और 35 महिलाएं थीं।

यह आंकड़े बताते हैं कि वर्ष 2012 में आत्महत्या करने वाले हर छह लोगों में से एक गृहिणी थी।

एनसीआरबी की रिपोर्ट खुदकुशी का कदम उठाने वाले भारतीयों के मनोविज्ञान पर रोशनी भी डालती है।

रिपोर्ट बताती है कि यह देखा गया कि पिछले साल ज्यादातर पुरुषों ने सामाजिक और आर्थिक कारणों से आत्महत्या की, जबकि अधिकतर महिलाओं ने भावनात्मक और निजी वजहों के चलते खुद अपनी जीवन लीला समाप्त कर ली।


http://www.amarujala.com/news/18-1/survey/more-married-people-commit-suicide-than-unmarried/ 

NGO questions rise in cases of cruelty

NGO questions rise in cases of cruelty

Raising concern over the rise in cases of cruelty in West Bengal against women by their husbands or relatives but low rates of conviction, a non-government organisation has approached both the State government and the State Human Rights Commission. 
According to the statistics revealed by the National Crime Records Bureau (NCRB) last month or the year 2012, the number of cases registered under Section 498A of the Indian Penal Code (IPC) in the State was 19,885 — about 18.6 per cent of those recorded in the country, which totalled about 1.06 lakh cases. 
Referring to the NCRB data, members of the city-based NGO “Hridaya,” pointed out that while conviction in the rest of the country in cases registered under the Section was 15 per cent, it stood around 4.4 per cent in West Bengal. 
“This begs the question whether or not most of these cases were registered by the women with the motive of falsely implicating their spouses and his relatives?” Amit Gupta, secretary, Hridaya. 
The NCRB data over the past three years points out that conviction of cases registered under Section 498A varies between four and six per cent while the number of cases has increased by 11 per cent from 2010 to 2012. 
West Bengal registered 30,984 cases of crime against women in 2012 — the highest in the country — of which 64 per cent were registered under Section 498A of the IPC, Mr. Gupta pointed out. 
“Our objective is to spread awareness about the high number of cases registered for cruelty against women by their spouses and relatives. The law enforcement agencies should have specific guidelines to register cases under this section as majority of the cases are not ending in conviction,” he added.

Is India's suicide law being misused?

Is India's suicide law being misused?

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

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

NRI Booked for rape, fraud in Gurgaon

NRI Booked for rape, fraud in Gurgaon


Epilepsy is no ground for divorce: judge

Epilepsy is no ground for divorce: judge

DAVANAGERE: Bangalore is slowly becoming the suicide capital in the country, said Karnataka high court judge N Kumar.
Addressing the gathering after inaugurating a one-day programme on 'district-level mental health awareness workshop', organized by DHO, Karnataka state mental health authority, district administration, district advocates association, here on Sunday, Kumar said that over 80% of the population is increasingly falling into the suicide trap.

"Those in the IT and BT sector, too, think that suicide is an easy option. Happiness, tolerance and contentment quotient among the youths is declining," he rued.
Over 10% of the world population is suffering from mental illnesses, and over 30% of Americans alone suffer from mental illness, he noted.
Increasing work pressure, break-up of the joint family system, socio-economic crisis are leading to mental illnesses.
However, most of them are treatable, including schizophrenia.
Earlier, epilepsy was a ground for divorce, but not any more as it is curable, said Judge Kumar.
He called on practicing advocates not to encourage divorce among couples who cite schizophrenia as a ground for separation.
Encourage them to seek help and get back together, was his advice to lawyers.
Dr B N Gangadhar, vice-president of Indian Psychiatrist Association and professor at Nimhans, Bangalore, delivered a talk on suicidal tendencies, causes and remedies. 

http://articles.timesofindia.indiatimes.com/2012-04-23/hubli/31386218_1_mental-illnesses-mental-health-epilepsy 

मायके आई विवाहिता प्रेमी संग फरार

मायके आई विवाहिता प्रेमी संग फरार

महराजगंज, अप्र : कोतवाली क्षेत्र में मायके आई विवाहिता प्रेमी संग फरार हो गई। पति ने प्रेमी को नामजद करते पुलिस को तहरीर दी है।
कोतवाली क्षेत्र के पूरे मेहरबान सिंह मजरे ज्योना की 23 वर्षीय विवाहिता दो सप्ताह पूर्व अपनी ससुराल उन्नाव जिले के कर्दहा गांव से मायके आई थी। बीती 13 मई को वह बिना बताए कहीं चली गई। मायके वालों ने इसकी जानकारी ससुरालीजनों को दी। पति ने पत्‍‌नी की काफी खोजबीन की लेकिन उसका कुछ पता नहीं चला। जब उसे पत्‍‌नी का गांव के ही इजहार पुत्र इशहाक से प्रेम प्रसंग की जानकारी हुई तो उसने नामजद तहरीर कोतवाली में दी। पति ने बताया कि उसकी शादी तीन वर्ष पहले हुई थी। अब तक उसके कोई संतान नहीं है। उसका कहना है इजहार से उसका काफी दिनों से प्रेम प्रसंग चल रहा है। कोतवाली प्रभारी केआर वेदवान ने बताया कि तहरीर मिली है, जांच के बाद मामला दर्ज किया जाएगा।

http://www.jagran.com/uttar-pradesh/raebareli-10399998.html

दो बच्चों की मां प्रेमी संग फरार

दो बच्चों की मां प्रेमी संग फरार

लालगंज, अप्र :गुरुवार को दो बच्चों की मां अपने प्रेमी संग फरार हो गयी। वहीं दो अन्य महिलाओं के गायब होने की शिकायत कोतवाली में की गयी है।
विवेक उर्फ रिंकू सिंह निवासी कुम्हड़ौरा ने कोतवाली में रिपोर्ट दर्ज करायी है कि उसकी पत्‍‌नी मोनी उर्फ अमृता सिंह बीती 22 जून को लालगंज बाजार गयी थी। वहा से वह अपने कथित प्रेमी पुष्पराज सिंह निवासी धन्नीपुर के साथ रफूचक्कर हो गई। पति ने बताया कि मोनी अपने साथ 50 हजार रुपए नगद ले गई है। वह अपने दो बच्चों वैभव(6) तथा वैशाली(3) को घर पर छोड़ कर गयी है।
क्षेत्र की ददरी मजरे दतौली निवासी मनोज कुमारी का विवाह एक माह पूर्व में हुआ था। बीती दो जुलाई से वह गायब है। मां विमलेश ने कोतवाली में तहरीर देकर न्याय की गुहार लगाई है। विमलेश कुमारी ने पुत्री के पास 50 हजार नगदी व 12 थान जेवर लेकर भागने की बात भी तहरीर में दर्शायी है।
दूसरी घटना में पूरे गुलाब मजरे सेमरपहा निवासी ओमप्रकाश ने लालू पुत्र गंगाराम निवासी रसूलपुर थाना सरेनी के खिलाफ उसकी पत्नी मंजू को भगा ले जाने का आरोप लगाते हुए कोतवाली में तहरीर दी है। ओमप्रकाश का विवाह पिछले 18 जून को हुआ था। पहले मामले में पुलिस द्वारा गुमशुदगी दर्ज कर ली गयी है जबकि दूसरे मामले की जाच की जा रही है।

http://www.jagran.com/uttar-pradesh/raebareli-9464038.html

प्रेमी संग मिलकर पत्‍‌नी ने किया असलम का कत्ल

प्रेमी संग मिलकर पत्‍‌नी ने किया असलम का कत्ल

रायबरेली, संवाददाता : मिल एरिया के हरदासपुर निवासी असलम को उसकी पत्‍‌नी ने प्रेमी संग मिलकर मौत के घाट उतार दिया। हत्या के बाद शव को हुसैनगंज, फतेहपुर में फेंक दिया गया। गुरुवार को पुलिस की पूछताछ में नसरीन ने अपना जुर्म कबूल कर लिया है। पुलिस ने नसरीन समेत पांच लोगों के खिलाफ हत्या का मुकदमा दर्ज कर विवेचना शुरू कर दी है।
जानकारी के अनुसार हरदासपुर निवासी मो. रसीद के पुत्र असलम (24) की शादी कल्लू का पुरवा निवासी अजीज की पुत्री नसरीन से दो मई को हुई थी। शादी के बाद दोनों के बीच अक्सर अनबन होती रहती थी। कुछ दिन पहले नसरीन अपने मायके चली आई। 22 जून को उसने असलम को फोन करके प्रदर्शनी देखने की बात कही। असलम बाइक से घर से निकला। त्रिपुला चौराहे के पास नसरीन उसे मिली। वह उसे चौराहे के निकट स्थित पेट्रोल पंप के पीछे एक मकान में ले गई, जहां पहले से उसका प्रेमी रोशन लाल निवासी कल्लू का पुरवा मौजूद था। रोशन के साथ तीन-चार युवक और भी कमरे में थे। असलम के कमरे में पहुंचते ही पांचों ने मिलकर उसका गला बाइक के एसेलरेटर वायर से कस दिया, जिससे उसकी मौत हो गई। असलम की हत्या के बाद नसरीन अपने घर चली आई। रोशन और उसके साथियों ने डलमऊ-फतेहपुर बार्डर पर हुसैनगंज थाना क्षेत्र में शव को छिपा दिया।
23 जून को असलम का शव हुसैनगंज पुलिस को मिला। शर्ट पर टेलर के लेबल से उसकी शिनाख्त की गई। पोस्टमार्टम रिपोर्ट में गला कसने से मौत की पुष्टि हुई। इसके बाद मिल एरिया पुलिस ने संपर्क साधा गया। गुरुवार को असलम के परिजन व गांव के लोग मिल एरिया थाने पहुंचे और हत्यारों की गिरफ्तारी की मांग करने लगे। पुलिस ने असलम की पत्‍‌नी नसरीन को पूछताछ के लिए थाने लाई। नसरीन ने हत्या की बात कबूल की और पूरा घटनाक्रम बताया। जिसके बाद उसके व उसके साथियों के खिलाफ मुकदमा दर्ज कर लिया गया है।

http://www.jagran.com/uttar-pradesh/raebareli-10513780.html

पत्नी ने प्रेमी संग मिल रची थी हत्या की साजिश

पत्नी ने प्रेमी संग मिल रची थी हत्या की साजिश

रायबरेली, संवाददाता : मिल एरिया पुलिस ने शनिवार को असलम हत्याकांड का खुलासा कर दिया। हत्यारोपी पत्‍‌नी नसरीन, उसके प्रेमी रोहन समेत चार लोगों को जेल भेजा गया है। मामले में एक आरोपी अभी फरार चल रहा है। पुलिस अधीक्षक राजेश पांडेय ने मिल एरिया पुलिस को ढाई हजार रुपये का पुरस्कार देने की घोषणा की है।
एसपी ने वारदात का खुलासा करते हुए बताया कि दो मई को कल्लू का पुरवा निवासिनी नसरीन (18) पुत्री अजीज का निकाह हरदासपुर निवासी असलम (22) पुत्र मो. रसीद के साथ हुआ था। नसरीन का तकरीबन डेढ़ वर्ष से रोहन शर्मा पुत्र श्रवण कुमार निवासी कल्लू का पुरवा के साथ प्रेम प्रसंग चल रहा था। शादी के बाद भी नसरीन रोहन से बात करती थी, जो कि असलम को नागवार लगता था। असलम ने कई बार नसरीन को समझाया और पीटा भी, लेकिन बातचीत बंद नहीं हुई। नसरीन ने पिटाई की बात रोहन को बताई। रोहन और नसरीन ने मिलकर असलम की हत्या की साजिश रची।
22 जून को नसरीन ने फोन करके असलम को सहेली के घर चलने की बात कहकर बुलाया। वह असलम को लेकर त्रिपुला के पास पेट्रोल पंप के पीछे बने मकान में ले गई। यहां पहले से रोहन व उसके साथी अंशु शर्मा पुत्र पवन शर्मा निवासी कल्लू का पुरवा, अतुल कुमार दीक्षित पुत्र रमाकांत दीक्षित निवास लहुरिया कोड़रस बुजुर्ग और संजय मौजूद थे। असलम को कमरे के भीतर ले जाने के बाद नसरीन ने रोहन को बुलाया। रोहन को सामने देख असलम को गुस्सा आया और उसने दोनों की पिटाई कर दी। तभी अंशू, संजय और अतुल आ गए। रोहन ने नसरीन को दूसरे कमरे में भेज दिए। फिर चारों दोस्तों ने मिल कर आटो के एक्सीलेटर वायर से असलम का गला कस दिया। असलम बार-बार जान बख्शने की गुहार लगा रहा था लेकिन रोहन बेरहम हो गया और उसको मौत के घाट उतारने के बाद ही रुका। बाद में नसरीन को बाइक से उसके घर भेज दिया गया। रोहन, संजय और अतुल ने असलम के शव को आटो की डिग्गी में डाला और फतेहपुर के हुसैनगंज में नहर में फेंक दिया। 23 जून को उसका शव व एक्सीलेटर वायर हुसैनगंज पुलिस ने बरामद किया।
सीओ सदर पंकज पांडेय और मिल एरिया एसओ मनोज मिश्र ने मामले की तहकीकात शुरू की। नसरीन को हिरासत में लेते ही पूरा मामला सामने आ गया। बाद में रोहन, अतुल और संजय को पुलिस ने गिरफ्तार कर लिया। असलम हत्याकांड में गिरफ्तारी सभी आरोपियों की उम्र 18 से 24 वर्ष के मध्य है।
गलती हो गई..
पति की हत्यारोपी नसरीन पुलिस आफिस में रो पड़ी। बोली, गलती हो गई। मुझे नहीं पता था कि इतनी बड़ी गलती करने जा रही हूं। भावावेश में आकर गलत कदम उठ गए। इसके लिए मैं कभी खुद को माफ नहीं कर पाऊंगी।

http://www.jagran.com/uttar-pradesh/raebareli-10520744.html

Tuesday, 2 July 2013

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

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

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

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

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

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

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

SC strikes gender equality note in grant of divorce

SC strikes gender equality note in grant of divorce


NEW DELHI: Irretrievable breakdown of marriage, coupled with promise of large amount of money as permanent alimony, has been cited by rich and powerful men to seek divorce from their wives when all was not well in the marital relationship.

Striking a gender equality note, the Supreme Court on Monday turned the tables and asked whether it would have granted divorce to a woman from her husband, who on developing some mental disorder had become completely dependent on her, if she promised a huge sum as permanent alimony.

The case related to Darshan Gupta and Radhika Gupta, who married when they were barely out of their teens in 1997. Radhika's first pregnancy was terminated due to medical reasons. The second pregnancy was again a very complicated one and the child had to be delivered through Caesarian section. She remained unconscious for a long time and developed serious mental disorder. The child died eight days after birth.

Though she was treated in reputed hospitals, she allegedly remained mentally ill. The husband claimed separation from her since 2002, breakdown of marriage and offered a large sum of money as permanent alimony to seek termination of marriage.

A bench of Justices P Sathasivam and J S Khehar rejected the husband's plea and wondered whether a similar request by a woman would have been entertained by the apex court for grant of divorce from a husband who developed some mental disorder.

"In the context of doing justice, it was suggested that the appellant (husband) would be ready and willing to pay the respondent (wife) whatever was considered appropriate by the Supreme Court. We are informed that the appellant is financially well to do," the bench said.

"We would, in our endeavour to determine the issue in hand, examine the matter by reversing the roles of the parties. We will examine the matter as if the wife had approached the family court seeking divorce, on the ground that her husband had suffered brain damage leading to cognitive deficiencies. Yet, despite the said deficiencies, his working memory had returned to 'near normal' after treatment. And his mental condition was such that it would not have any effect on his matrimonial obligations," the bench added.

"And the wife's family is agreeable to pay an amount to be determined by this court (just as the husband Darshan Gupta has offered), so as to enable their daughter to break away and find a more suitable match. Should she have been granted freedom from her matrimonial ties, in the given facts, in order to do complete justice to the parties? We would ask ourselves whether the husband would have accepted such a plea, in the facts denoted above," it further said.

"In such a situation, if this court had, in exercise of its jurisdiction under Article 142 of the Constitution of India, granted compensation to the husband, and had dissolved his marriage on the pretext of doing complete justice between the parties, would the same be acceptable to the husband? We have no doubt in our mind that on a reversal of roles, the husband, without any fault of his own, would have never accepted as just the dissolution of his matrimonial ties, even if the couple had been separated for a duration, as is the case in hand," Justice Khehar, while authoring the judgment for the bench, said. 

Techie's death: ‘girlfriend' arrested

Techie's death: ‘girlfriend' arrested 

The Mahadevapura police on Friday arrested a 23-year-old woman in connection with the death of software engineer S. Sreerag (25), whose body was found in his car in AECS Layout, off Whitefield, Tuesday morning.
The police said the arrested woman was Gayathri alias Jennifer, a K.R. Puram resident and a team leader with a telemarketing firm in Indiranagar.
Deputy Commissioner of Police (East) T.G. Krishna Bhat said she has been charged with impersonation.

Wrong picture

The police suspect that HP employee Sreerag, a native of Kozhikode in Kerala, committed suicide after his marriage proposal was turned down by Gayathri, whom he had met on a social network website in January. She had introduced herself as Jennifer and had emailed her friend's photograph to him, claiming that it was her. A smitten Sreerag started texting and chatting with her without ever seeing her.
When he proposed marriage a few days ago, she turned him down saying she was engaged to a London resident. A dejected Sreerag, police suspect, ended his life. He was found on the rear seat of his car near a park in AECS Layout where he had rented a house. His face was covered with four plastic covers and sealed with several layers of duct tape. A teddy bear, purportedly a gift for Jennifer, was found in the car.

Depressed, young film editor ends life

Depressed, young film editor ends life

MUMBAI: Under pressure to withdraw rape charges against her ex-boyfriend who called off their wedding, a 22-year-old film editor hailing from Delhi allegedly committed suicide at her rented residence at suburban Jogeshwari here, police said on Monday.
According to Oshiwara police, the incident took place last night in 471/Adarsh nagar chawl.
The deceased, Pallavi Jha, was found hanging from the ceiling. During panchnama, the police did not find any suicide note. The body was sent to Cooper hospital for an autopsy, after which a case was registered on Monday afternoon.

Her former boyfriend, against whom she had filed a rape case in Delhi last year, has been booked for abetting her suicide, police said.
During investigation, the police found that Jha had come to Mumbai two years ago to pursue a career in film industry. She had been working as a film editor and had shared her room with another film editor who is also a Delhite.
"Jha, who was also an aspiring model, was in a relationship with one Shailendra Sharma from Delhi for about five years in the past. She was set to marry Sharma but he called off the wedding as her family could not meet his dowry demand. Sharma demanded Rs 35 lakh in cash as dowry," said senior police inspector Naseer Pathan.
"Then Jha had filed a rape case against Sharma at a police station in Delhi last year alleging that he had maintained a sexual relationship with her on the pretext of marrying her. Later, Sharma started threatening her to withdraw the rape charges against him, which had depressed her a lot," the officer said.
Sharma has been booked for abetting her suicide after the victim's mother Vandana's complaint. The accused would be arrested from Delhi soon, Pathan added. 

http://articles.timesofindia.indiatimes.com/2013-07-01/mumbai/40306629_1_film-editor-police-inspector-police-station 

Monday, 1 July 2013

Shocking: Mother tries to bury infant girl alive

Shocking: Mother tries to bury infant girl alive

 

Crime, she wrote

Crime, she wrote

The femme fatale is a popular figure in crime fiction. Dashiell Hammett’s voluptuous blondes with beautiful faces and stone cold hearts ready to commit murder with panache and equal ruthlessness; Philip Marlowe’s redheads with revolvers and the hot-blooded murderesses of George Simenon’s works lend a dark glamour to the female criminal. In reality, however, the truth may be more mundane and gory; devoid of the sheen of good fiction. The deceptive gentleness of Kerala—the state of friendly people and emerald fields—is suddenly Ground Zero for the femme fatale with a yen for blood and con. The number of crimes recently exposed in the state where women have emerged as  linchpins has shot up to such an extent that it has given birth to an altogether new saying: there is a woman behind every successful crime. She cooks up a storm full of murder, sex, blackmail and intrigue.
Saritha S Nair, Kerala’s new Betty the Blackmailer is the scandalous seductress—in concert with her allegedly murderous beau Biju Radhakrishnan—who has put the political establishment in a bind. The divorced Saritha was a college dropout who grew up in a dysfunctional family.
The taste for the good life brought her a like-minded partner in the form of Biju. Together they wove a net of fraud and blackmail, trapping starlets, politicians and prominent businessmen in their net. Her call details to Chief Minister Oomen Chandy’s aides (Chandy would speak to people only through those cell phones) leaked by a TV channel almost threatened to bring the government down. If it was not for the close relationship with some senior luminaries in the Communist Party that led the previous government—an important ex-minister was her “uncle”—Chandy would’ve been cornered into complete humiliation and despair.
Saritha’s allure over all those she dealt was most over Biju. Saritha’s is a cheap dime novel story—she married a Dubai-based businessman, whom she divorced in 2006 to live with Biju. Biju’s wife Reshmi complained to the cops that Saritha wrecked her marriage and her husband abandoned her for Saritha’s sake. Later, Reshmi was found dead in her bathroom. When Biju was arrested from a Coimbatore hotel two weeks ago, he was charged with murdering his wife through poison. Kerala’s Crippen alleged that Saritha was in a relationship with former UDF minister, K B Ganesh Kumar, and shared hotel rooms in Coimbatore where Ganesh had gone for an official function. Earlier, Ganesh’s wife had complained of his philandering accusing Chandy of shielding her. The chief minister finds himself in the unenviable position of being cornered in this scandal, which has provided much grist for Kerala’s rumour mills.
Another woman, the actor and dancer Shalu Menon, is under the scanner after reports pointing at her role in Saritha’s fraudulent schemes. Police suspect that it was Shalu who helped Biju to leave Kerala the day Saritha was arrested. Shalu and her mother were reportedly in the room next to the one in which Biju was staying as well. Police sources reveal that Saritha was a honey trap for the big wheels in politics and business; blackmailing them after photographing them in compromising positions with her. More revelations involving the state’s power elite are expected to fall out of Saritha’s and Biju’s closets as the police continue their investigations of how she defrauded many using their jointly owned company Team Solar as a front.
A survey of the inmates of Viyyur Women Prison showed that 100 per cent of the female prisoners in the prison are from Kerala. Fifteen out of 32 are convicted for murder and three are on trial for murder. Two hundred and seven women are incarcerated in different jails in the state, with 56 convicted criminals and 151 facing trial. Earlier, women caught by the police were found to be only involved in minor crimes like bootlegging and selling a few grams of marijuana.
Some, like their universal sisters, were just prostitutes—more bathos than blood. The marquee of mayhem is the new show in town—now women criminals in the state are being arrested for serious offences, ranging from brutal murders to multi-crore scams. Incidentally, Kerala tops India’s crime list with 455.8 cases for every 1,00,000 persons according to the National Crime Records Bureau. Ironically, along with Bihar and Chhattisgarh, Kerala tops the states with the highest percentage of women legislators with criminal records. A PRS Legislative Research study shows that 83 per cent of women legislators have criminal records in Kerala.
 The modus operandi of women criminals in the state is a cocktail of politics, sex, cinema and crime; in some cases the la belle dames sans merci even marry hardcore criminals if it helps them to successfully execute their plans.
However, 54-year-old medical doctor Omana Edadan was flying solo; she is one of the most memorable of women criminals, perhaps the first one to capture public imagination in recent times. Omana is wanted in the murder of her lover Muralidharan in 1996. The middle-aged Lucretia Borgia of Kerala had poisoned Muralidharan. With surgical precision, she went on to dismember him, cut up his bones into little convenient pieces at her home in Payannur, where she lived alone. At her macabre best, she carefully packed her unfortunate paramour’s flesh and bones separately in plastic packets. The internal organs, she cut into very small pieces and flushed down the toilet. The police calculate it took her a mere three hours to accomplish the ghastly operation. Thereafter, she calmly placed packets in the boot of her car, and drove to the salubrious Tamil Nadu hill station Ooty where she checked into a hotel after parking the car at the railway station.
Thereafter, she made an attempt to dump the various parts of Muralidharan into a ravine. She then hired a taxi to go to nearby hill retreat Kodaikanal, which she thought provided a better option to dispose of the remains. However, the taxi driver got suspicious and informed the police. Omana was arrested. The deadly doctor spent a few months in Madras Central Jail. Soon, she managed to get out on bail. However, she jumped bail and has been in the wind since 2001.
“With better education and the increasing social exposure it entails, women have grown increasingly confident of doing anything that men are capable of. This is reflected in crime as well and they exploit the opportunities as well as men do. In fact, women are in a better position to exploit the weaknesses of prospective victims,” says James Vadakkancherry, a reputed criminologist.
According to James, women are capable of formulating a better modus operandi by virtue of their looks, approach and communication skills. He cited the more recent example of Shobha John, the only woman who holds the dubious honour of being in the Kerala Police’s ‘goonda’ list, to make his point.
Shobha made headlines in 2006 when she blackmailed and then kidnapped the former Thanthri (head priest) of Sabarimala, Kandaru Mohanaru. He was abducted and taken to a flat in Kochi and photographed with a woman in a compromising position. It’s not just blackmail and honey traps Shobha was an expert at. She also ran a successful prostitution racket. She figured prominently in the shocking Varappuzha sex scandal where a minor girl was bought from her mother and then pimped out to several high profile clients. She was caught and booked. But that wasn’t all. Next, one of her gang members who were also arrested by the police sang like a canary on their boss’s crimes. He accused Shobha of murdering one of her gang members. Sent to jail, the blackmailing belle became a source of dangerous embarrassment to the reputation of many of the high and mighty in the state. Out on bail, her reputation as an expert blackmailer had the political and bureaucratic class nervous. In fact, in her bail petition, which she filed in Kerala High Court in the second week of June, where it is pending since, Shobha claimed that the police were implicating her in one case after another. The reason she gave was that her revelations would expose many top politicians.
“There are many reasons why women like Shobha end up as criminals. Many of them have grown up in troubled families or have witnessed crimes in their childhood. The submissive personality of women may also induce them to commit a crime for their partners’ sake in some cases,” says A V Druhin, Professor, Psychiatry department, Academy of Medical Science, Kannur.
He observed that women in their 40s seem willing to go to any extent to lead luxurious lives.
“Women can better sell a fraud than men since they can instill confidence in the victims. They also fly below the police radar much better than men. For instance, a few years ago, an attractive woman successfully donned the role of a guide in smuggling spirits. Though the gang was eventually caught, it was the presence of a woman that helped them to initially evade the police net. Besides, women seem to be better equipped in building contacts with the powers-that-be, helping them to evade the long arms of the law for longer periods than men,” says C P Udayabhanu, a noted criminal lawyer of the Kerala High Court.
Crime and glamour are kissing cousins, as seen in the case of the 25-year-old actress Leena Maria Paul, who was born in Kerala but brought up elsewhere, and her male friend from a south Delhi farmhouse where they were hiding, following a cheating case which was registered against them in Chennai. Leena, who has acted in Malayalam films like Red Chillies, is a well-educated girl who entered the field with the help of her friend Balaji. During her interrogation, Leena confessed that it was a desire for a lavish lifestyle and easy money, which made her take part in criminal activities. Along with Balaji, she has been involved in many other cases including defrauding a Chennai-based bank of `19.22 crore.
Justice D Sreedevi, a former chairman of the women’s commission, adds, “Money is the root cause of all evil. It also spoils the life of women. Those who are involved in crimes like this like to lead a luxurious life and want to find an easy way to get money for it. Surprisingly, the women are ready to go to any extent, even commit murder, to earn money. The number of alcoholic women is also increasing. Under the influence of alcohol they commit any crime.” But only eight women have been convicted in alcohol related cases so far while 27 are facing trial.
Money plays an important role in sex crimes and murder. A case célèbre was of former Kerala beauty queen Sherin and her alleged lover Basit Ali. In November 2010, Bhaskara Karanavar who had returned to Kerala after retiring from the US government, was found murdered in his house in Alappuzha. After investigations, the police concluded that the murder was planned and executed by the dead man’s daughter-in-law Sherin and Basit.
Basit and two accomplices smothered Karanavar to death, guided by Sherin. The provocation was Sherin’s name being cut off from Karanavar’s will. The police tech and cyber division examined calls from her cell phone and Orkut chat records to nail her.
Further investigations revealed a sordid network of crime. Ali, on the run after the murder and arrested from Karnataka reportedly ran a hawala network in Kerala. Cops said that Sherin seduced Ali and promised him they would live together with the proceeds. Sherin had a criminal history; when she and her husband Binu were living with Karanavar in New York she allegedly blackmailed her father-in-law for money, threatening divorce. The cops said she was jailed for credit card fraud and stealing money on her job.
In the opening chapter of Raymond Chandler’s The Big Sleep, gum shoe Philip Marlowe is visiting a client living in a stately home. The passage ends: “I was still staring at the hot black eyes when a door opened far back under the stairs. It wasn’t the butler coming back. It was a girl.”
Well the butler didn’t do it. She did.

http://newindianexpress.com/magazine/Crime-she-wrote/2013/06/30/article1655916.ece

'Draconian' amendment in Hindu Marriage Act gives wives final say in divorce cases; men's rights groups not amused

 'Draconian' amendment in Hindu Marriage Act gives wives final say in divorce cases; men's rights groups not amused



Pune: Upset over the latest amendments in the Hindu Marriage Act which virtually give wives a final say in divorce 
 
cases, Men’s Rights Association (MRA) on Saturday staged a protest against the legislation which they term as 'draconian'.
 
"The bill has a provision giving power to the courts to not grant a divorce unless the wife was paid adequate amount of 
 
money in the name of financial security of the woman. Such powers may result in harassment of men," MRA president Atit Rajpara said.
 
He also said the bill also provides special powers to wives to oppose the divorce if she was unhappy with the money she received from the husband under section IPC 498 (A), domestic violence act and several other maintenance laws.
 
According to the MRA, such clauses are outright anti-male and gender-biased and therefore men’s rights activists and organisations are opposing them. Rajpara said the mens’ rights organisations want the bill to be gender-neutral.


http://daily.bhaskar.com/article/MAH-PUN-draconian-amendment-in-hindu-marriage-act-giving-wives-a-final-say-in-divorce-ir-4306641-NOR.html?fb_action_ids=627117723973954&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22627117723973954%22%3A167910723391944}&action_type_map={%22627117723973954%22%3A%22og.likes%22}&action_ref_map=[]

India’s 498a Law – The Abuse Continues

 India’s 498a Law – The Abuse Continues 


In a landmark decision in 2010, Preeti Gupta v. State of Jharkhand, the Supreme Court of India lambasted the prevalent abuse of the infamous Section 498a of the Indian Penal Code law demanded that the legislature should change the law and directed that a copy of its decision be sent to the Law Commission of Indian the hope that the legislation might be amended.

The Law Commission issued a report in August 2012, calling for quite modest changes in the law. However, even those changes have not yet been enacted.

In Gupta the Supreme Court demanded that lower courts intervene to prevent the rampant consequential abuse of process, which has “led to enormous social unrest affecting peace, harmony and happiness of the society”; ruled that “most” 498a cases are filed in the heat of the moment over trivial issues without proper deliberations; asserted that many such cases are not bona fide, that many are filed with an oblique motive, and that many are filled with exaggerated or false claims; explained that these cases “can lead to insurmountable harassment, agony and pain to the accused and to his close relations” and “immense sufferings for all concerned;” and stated further that an ultimate acquittal may “not be able to wipe out the deep scars of suffering of ignominy.”

Meanwhile the abusive conduct continues. The Law Commission reported that in 2010 there were at least 340,555 cases under Section 498-A that were pending trial in various courts towards the end of 2010 and that there were as many as 938,809 people who were implicated in these cases. The reason that there were almost three times as many people accused as there were cases is that the law expressly authorizes a wife (but not a husband) to ask the police to bring charges against all of the relatives of her husband who may have participated in the alleged acts of cruelty.

We have commented previously on this law, that was well-intentioned in its enactment but which is frequently misused in India as a means of blackmailing non-resident Indian husbands. http://www.international-divorce.com/Indias-Notorious-Section-498A.htm.

http://www.internationalfamilylawfirm.com/2013/06/indias-498a-law-abuse-continues.html 

Seventy marriages saved, family court celebrates

Seventy marriages saved, family court celebrates

MUMBAI: "Judges, lawyers and counsellors of the family court need to have the vision to accommodate the needs and aspirations of a changing society where women now have a very clear identity both before and after marriage," said Justice Dhananjay Chandrachud of the Bombay high court on Saturday. The judge was addressing a packed house on the family court premises in Bandra, where 140 men and women on the verge of a split till a few days ago went home together as 70 happy couples.

The family court, its lawyers' association and marriage counsellors had organized a felicitation function for 111 couples who with a little help from their lawyers, counsellors and judges had given up their lengthy and acrimonious legal battle for a divorce, maintenance or custody and had resolved their differences to remain married. Seventy couples showed up, and a few among them who still were vacillating decided to drop their divorce proceedings after hearing Chief Justice Mohit Shah and Justice Chandrachud of the high court as well as the principal judge of the family court, Laxmi Rao.

Chief Justice Shah felicitated the youngest couple present, who were in their 20s, and stressed that proper and timely mediation could save many a broken marriage. He encouraged more such group reconciliation programmes and promised more facilities for the family court.

Judge Rao said there were several laws that were being misused-such as the Domestic Violence Act-by people "on wrong advice of well-wishers".

She, too, said that with proper intervention, marriages need not end in divorces even when things appear bleak.

President of the Family Court Bar Association advocate Sajan Oommen said: "Family court lawyers must play a more proactive role, as the Family Courts Act is not meant merely for dissolution of marriages but for a solution to matrimonial disputes."

Family court judge Swati Chauhan was the first in April to conduct a group reconciliation of quarrelling couples.

It was her experiment that paved the way for more reconciliations. 
 http://timesofindia.indiatimes.com/city/mumbai/Seventy-marriages-saved-family-court-celebrates/articleshow/20837521.cms 

Sunday, 30 June 2013

Magistrate in Tamil Nadu arrested on rape charges

Magistrate in Tamil Nadu arrested on rape charges

A magistrate in the Nilgiris district of Tamil Nadu has been arrested on charges of rape after a complaint by a woman police officer.

The woman, a sub-inspector in Coimbatore, has alleged that she was in a live-in relationship with the magistrate following his promise to marry her.

She claims the judicial officer refused to marry her and had recently married another woman.

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A court in Tirupur district court has remanded the magistrate for two weeks.The incident comes a week after the controversial order by the Madras High Court which said that pre-marital sex is equivalent to marriage.

The High Court gave its judgement during an alimony hearing. The mother of two from Coimbatore was left by the man, who fathered her children. A court in Coimbatore had directed the man to pay maintenance for the children. However, the woman was denied alimony as she did not have valid documents of a marriage.

http://www.ndtv.com/article/south/magistrate-in-tamil-nadu-arrested-on-rape-charges-385932?pfrom=home-topstories