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Wednesday, 8 May 2013

Moga police takes action against woman who registered false rape case

Moga police takes action against woman who registered false rape case

Setting an example for women who lodge false rape cases, Moga police on Friday not only cancelled the FIR logded against a man on late Wednesday night within 48 hours, but also took action against the woman who registered the false rape case.

A 35-year-old complainant from Nihal Singh wala had alleged rape from past eight years and registered FIR against him after which police arrested him under Section 376 of IPC.

Surjit Singh Grewal, SSP, Moga said, "No doubt we registered the case against the man because we found proof of physical relationship and abortions done provided by woman but detailed investigations have found that man never raped her. There is a difference between rape and consensual relations. The woman did all this to pressurise and harass the man since he was a famous kabaddi player and she wanted him to marry her but he married some other woman. We have cancelled the FIR and special investigation team (SIT) was formed to investigate the case."

The SSP has also ordered action against the woman under section 182 of IPC. "We have the full right to take action against people who register false cases be it man or woman."

http://www.indianexpress.com/news/moga-police-takes-action-against-woman-who-registered-false-rape-case/1054916/

Cannot bring good times back, but rehab must in false rape cases

Cannot bring good times back, but rehab must in false rape cases

The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.

Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.

"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.

"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.

"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.

The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.

Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.

Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.

He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.

The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.


http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf
The government must frame a comprehensive policy for rehabilitation of persons accused and jailed in false rape cases, a fast track court has held while acquitting a man in a kidnap-cum-rape case.
Additional Sessions Judge Virender Bhat, while acquitting Haryana resident Subhash of kidnapping and sexually assaulting a seventh grader, asked Secretaries of the Home and Law Ministries and the Chairman of Law Commission of India to consider his suggestion.
"The court feels that there is immense need for a rehabilitation policy for such people who had faced incarceration in jail and trial in court on false charges of rape," the ASJ said.
"The government must frame a comprehensive policy for rehabilitation of such persons so that the future of a responsible and law abiding person, who has been jailed on the false rape charges, is secured and he does not face difficulties in settling down in life, after his acquittal," the court said.
"It is the duty of the government to suitably compensate these persons in order to prevent them from taking to criminal activities," the ASJ said.
The court made the observations while acquitting Subhash who was accused of kidnapping the girl in March 2007 from outside her school and forcibly taking her to various places along with his two friends and repeatedly raping her.
Police rescued the victim was rescued from a house in Bikaner, Rajasthan and arrested the accused there.
Subhash, however, told the court that it was the girl who had pressurised him for marriage and she had threatened to commit suicide if he would not marry her.
He denied that he had raped the girl and added that she had accompanied him to Jaipur on her own volition as they were in love since January, 2007.
The court concluded that the girl had accompanied Subhash on her own will as she did not raise any alarm despite many opportunities to do so.
- See more at: http://www.indianexpress.com/news/cannot-bring-good-times-back-but-rehab-must-in-false-rape-cases-court/1100309/#sthash.yQrmO6Hf.dpuf

Counsel first in marital war: SC

Counsel first in marital war: SC

Hyderabad: The Supreme Court has directed criminal courts dealing with cases of dowry harassment to refer the parties to a mediation centre before they start hearing the case, if they feel a settlement is possible and both parties are willing.
While setting aside an order passed by the AP High Court in a matrimonial case, the apex court observed that “marriage is a sacred ceremony, the main purpose of which is to enable the couple to settle down in life and live peacefully”.
Give mediation a chance, says SC
A Division Bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai of the Supreme Court pointed out that “little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved, with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case”.
Pointing out that though the offence of dowry harassment, punishable under Section 498A of the IPC, is non-compoundable (meaning it cannot be withdrawn by the petitioner), the Bench said that in appropriate cases, if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation.
A complaint under Section 498A of the IPC (husband or relatives of a woman subjecting her to cruelty) presents a difficulty because the offence is not compoundable except in AP, where, by a state amendment, it was made compoundable, the SC added.
The Bench made it clear that “this is, obviously, not to dilute the rigour, efficacy and purport of Section 498A of the IPC, but to locate cases where the matrimonial dispute can be nipped in the bud in an equitable manner. It will be for the concerned court to work out the modalities taking into consideration the facts of each case”.
The Bench cautioned that the judges must ensure that this exercise does not lead to the erring spouse using mediation process to get out of the clutches of the law.
 
 

New divorce law loaded against women: Arun Jaitley

New divorce law loaded against women: Arun Jaitley

NEW DELHI: A bill seeking to make 'irretrievable breakdown of marriage' as a ground for divorce appeared to be in trouble with MPs from within the ruling side as well as the Opposition attacking the changes.

The Marriage Laws (Amendment) Bill, which was taken up passage in the Rajya Sabha on Monday, was seen to be loaded against women by a significant section of the House. In the face of concerns raised by members, the bill will now be taken up for discussion on Wednesday.

The Marriage Laws (Amendment) Bill seeks to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to provide for "irretrievable breakdown of marriage" as a new ground for divorce. It suggests that a divorce on these grounds would be granted provided it doesn't cause 'grave financial hardship' to the wife.

The current amendment takes its cue from the Law Commission's report and two 1985 Supreme Court judgments. It is based on the premise, prevalent across the world, that there is no need to continue with a marriage that has failed.

Leader of the Opposition Arun Jaitley, who agreed that if a marriage is dead, it should be given a burial by a decree of divorce, said the rights of the woman should get absolute protection. He said since the the law doesn't provide for financial backbone for women, they are likely to end up becoming "permanently dependent" on their parents and siblings.

Calling on the government to think through the proposed legislation, Jaitley said that in its current form, "this law may end up creating unusual hardships for women in India."

In India, divorces are conventionally granted on two broad grounds - mutual consent and matrimonial default. The latter, which includes mental and physical cruelty, adultery, desertion, conversion and communicable diseases, allows for the victim to ask for divorce.

"No person can take the benefit of their own default. In that sense, irretrievable breakdown is different from conventional jurisprudence on divorce, in that the person who cause the default can ask for the divorce," Jaitley said.

He stressed those countries which allow for irretrievable breakdown as a ground for divorce have a very strong support system for the wife and children.

"Such divorces become very costly, as property and income is shared with the wife and children. I regret to say that Supreme Court can interpret laws and suggest advancements but elected representatives know the realities better, and without financial backing, women will end up sufferers," BJP leader said.

http://economictimes.indiatimes.com/news/politics-and-nation/new-divorce-law-loaded-against-women-arun-jaitley/articleshow/12945948.cms?intenttarget=no

The other side of dowry disputes

The other side of dowry disputes

Fifty-three-year-old Damyanti Sharma still shudders at the thought of the night she had to spend at a police station last year. A former school teacher, she never imagined that realizing her long-cherished dream of seeing her only son married would one day turn into her family's worst nightmare. "We treated our daughter-in-law like a daughter. The first two years were smooth. However, soon the fights started and she eventually walked out in 2011. Even though we never abused her or even took dowry, we were implicated in a false dowry harassment case. Since then, our life has only been about legal hassles and visiting courts," Damyanti claimed.

Every Sunday, a group of women in situations similar to Damyanti's gather at Borivli and Mulund to discuss the atrocities committed on them under women-centric laws such as the Dowry Act (498-A) and the Domestic Violence Act. These women are not "victims" under the law but like Damyanti are those who face prosecution, after their daughters-in-law and sisters-in-law file complaints against them. This situation has led to the birth of a group called Mothers and Sisters of Husband Against Abuse of Law (MASHAAL), a part of a nationwide forum called the Indian Family Foundation (IFF).

The forum is fighting against what it calls "criminalization of marital disputes". The forum alleges that of late, it has become a fashion for a wife's family to threaten the husband's family with false dowry and maintenance cases if their demands are not met.

"The disambiguation lies in the word 'women' in such laws, which actually implies just wife. The laws seem to be immune to mothers and sisters of the husband. Their problems in such situations also need amplification," says Jinesh Zaveri, an activist and a co-founder of MASHAAL.

For a 61-year-old Dahisar-based architect, the act of helping such distressed families has helped him and his 31-year-old son deal with their own legal battle. "While helping these people, I never ever thought that we would end up in such a situation," he says. His son, who was a computer engineer in the Middle East, lost his job as a consequence of the false complaint filed by his daughter-in-law's family, he alleged. "Her family was against the idea of her marrying outside the community and hence they took her back and filed the complaint to harass us and extort money," he says.

Both father and son were granted bail soon after being detained.

A reason for the misuse of such laws, say legal experts, is the manner in which such laws are framed and the state machinery involved in executing them.

"Though women-centric laws are welcome and the need of the hour, one must bear in mind that they cannot be framed under pressure and in the absence of a rationale. The laws must be such that while women can get the maximum benefit, there is very little room for ambiguity and misuse," a lawyer said.

He adds that the police also needs to be sensitized on how to handle such cases and that these cases must be registered and arrests made only after conducting investigations. 


http://timesofindia.indiatimes.com/city/mumbai/The-other-side-of-dowry-disputes/articleshow/19827172.cms? 

'Harassed' husband challenges Domestic Violence Act

'Harassed' husband challenges Domestic Violence Act

BANGALORE: The Karnataka high court on Tuesday ordered notice to both the state and central governments on a petition filed by CH Venkatakrishna, a resident of Kasargod in Kerala, challenging the constitutional validity of various provisions of Protection of Women from Domestic Violence Act 2005.

Justice S Abdul Nazeer has also ordered notice to Lakshmi Bhat, a resident of Bangalore who also acts in TV serials. The petitioner, who got married in 1998 and has a daughter, claims that his wife demanded Rs 2 crore as compensation and had obtained an injunction from a magistrate court restraining him from alienating his properties in Kerala. He also claims that because of the provisions of the Act, he has to come to Bangalore court from Kasargod for hearing.

"A significant aspect of the matter is that the whole section of women is excluded from the purview of Act branding the men as the sole cause of domestic violence. Such a gender bias is apparent in Section 19 where it says that a woman cannot be removed from shared household. This is also violative of Article 14 of the Constitution as the same is gender biased. Protection is alone given to women and there is no protection to the abuses of wife. Hence, the provision under Section 12, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28 of DV Act (relating to residence, protection, custody and other reliefs) are unconstitutional and are liable to be struck down," the petitioner has claimed.



http://timesofindia.indiatimes.com/city/bangalore/Harassed-husband-challenges-Domestic-Violence-Act/articleshow/19082232.cms

Tuesday, 30 April 2013

Woman accuses father-in-law of rape since 1996

Woman accuses father-in-law of rape since 1996

http://timesofindia.indiatimes.com/city/mumbai/Woman-accuses-father-in-law-of-rape-since-1996/articleshow/19792552.cms?intenttarget=no

MUMBAI: The Dahisar police have booked a man (71) after his daughter-in-law (39) registered a complaint of rape and intimidation against him on Saturday.

A month ago, the accused had approached the police, saying his daughter-in-law was blackmailing him for property. Cops said arrests will be made after verifying the complaint.

The woman claimed that since 1996, the accused would visit her in her husband's absence and rape her. He would threaten her, saying he was possessed by a goddess's spirit and the family would be cursed if she told anyone about the rape.

Police cautioned against hasty action on false sexual harassment complaints

Police cautioned against hasty action on false sexual harassment complaints

http://punjabnewsline.com/news/Police-cautioned-against-hasty-action-on-false-sexual-harassment-complaints.html

CHANDIGARH: Punjab police has asked its field staff to guard against registration of false complaints of kidnapping, abduction, rape, criminal intimidation, etc. by individuals on the basis of misrepresented and distorted facts against rivals to settle old scores.

Speaking to the media, additional director general of police (crime) Jasminder Singh said on Wednesday, “The general outcry against the cases of sexual assault in women and children and the directions to the police to carry out fair, transparent and expeditious investigation into all such cases has led to a spurt in registration of false complaints. While it is imperative to ensure prompt registration of such cases and expeditious and vigorous investigation in all such cases of sexual assault and violence, at the same time, it is incumbent on the district police chiefs to ensure that innocent persons are not booked or harassed merely on the basis of false allegations and by misrepresentation and distortion of facts. The officers must appreciate that charges of rape and abduction are serious and stigmatizing in nature, and can, therefore, cause serious and lasting damage to the reputation of the individual and his family in the society.”

He said, “In view of this, COPs and SSPs are advised to ensure fair, transparent and expeditious investigations in all such cases in the interest of justice. A preliminary scrutiny and reading of FIRs
registered in the cases would reveal that these cases need to be investigated through police officers of SP rank before taking any hasty and precipitate action in the matter.”

He said that during the past fortnight alone as many as 10 such cases have been reported from different parts of the state, which have been found to be false. He gave details of these cases as follows:

Majitha: Complainant, an adult, married one Gurcharan Singh and approached High Court for protection as her family was against the union. The complainant suspected Gurcharan Singh of having an illicit affair with his aunt and she filed a false complaint of rape against her husband.

Majitha: Complainant had a relationship with one Manjit Singh, but got married elsewhere. After a few months of living with her husband, she returned to her village and started pestering Manjit Singh to marry her. When he refused, she concocted a false story that she had been abducted by Manjit Singh and one more person.

Fazilka: Complainant had a relationship with one Om Prakash and got married to him in a temple against her father’s wishes. The father of the complainant got her to register a false case against Om Prakash as well as his brother’s wife and another person in an abduction case, which turned out to be false.

Fazilka: Complainant stated that she had been raped by one Sardool Singh, who, in turn, produced evidence that he had married her only a few days back and that they could not pull on well together and that was the reason for the false complaint.

Amritsar: Complainant had been in a long-term relationship with one Milan Kapoor and wanted to get married with him. However, Kapoor found out that she had relations with other men as well and declined her marriage proposal. Thereafter, she got a false case of rape registered against him.

Ludhiana: Complainant and the accused got engaged in May and had consensual sex on a number of occasions. Following this, the accused did not want to get married to her and she got a false case of rape
registered against him.

Ludhiana (rural): Complainant had a relationship with one Gurpreet Singh and she went by bus to meet him in Mullanpur. After her father caught the accused along with the complainant, she got a false case of abduction registered against the accused on the behest of her father.

Ferozepur: Complainant had an illicit affair with the accused and when her husband came to know of this, she got a false case of rape registered against him.

Bathinda: Complainant was under heavy debt of the accused and therefore concocted a story that the accused raped her during a village fair.

Tarn Taran: Complainant entered into a relationship with a truck driver and went with him to Chennai. She bore his child two years ago, but upon returning to Punjab the family of the accused refused to accept her. She concocted a story that she had been threatened, abducted and raped by the accused.

IIM professor sacked for filing false complaint of harassment

IIM professor sacked for filing false complaint of harassment

http://www.business-standard.com/article/current-affairs/iim-professor-sacked-for-filing-false-complaint-of-harassment-113042900482_1.html

A woman professor of IIM-Indore, who accused a senior colleague of sexual harassment, has been sacked after an inquiry panel found her charge to be false and baseless.

The lady professor, who is on a two-year contract and living on the official campus, has been told about the termination of her contract, a senior official said.

However, IIM's Public Relation Officer Akhta Pervez chose not to mention about the action taken against the professor.

"A 9-member Gender Sensitivity Committee (GSC) headed by retired justice of Madhya Pradesh Indrani Dutta has submitted its report to the IIM-I Director on April 27.

"GSC within the ambit of Government of India norms investigated the matter submitted its report to the director in connection with the sexual harassment case filed by one woman professor of marketing department," the PRO said.

The GSC is said to have rejected the complaint of the lady professor holding that it had no merit in it.

When contacted, IIM-I Director N Ravichandran also refused to give details.

"No comments. However, due process has been followed on the woman's complaint. It is not an issue of public domain to be disclosed," he told PTI on being asked whether the services of the lady professor had been terminated.

The lady professor could not be contacted. She had filed a complaint of sexual harassment against an associate professor of marketing department with the institute director on February 20 this year.

Law for Wife or Punishment to Husband

Law for Wife or Punishment to Husband

NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.

The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.

In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.

The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.

The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.

The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".

The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.

Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.

The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.

http://timesofindia.indiatimes.com/india/Government-bid-to-give-wives-inherited-property-share/articleshow/19791052.cms

Monday, 29 April 2013

Dharwad SP's sister-in-law alleges him of sexually harassing her

Dharwad SP's sister-in-law alleges him of sexually harassing her

http://www.daijiworld.com/news/news_disp.asp?n_id=171875 

Bangalore, Apr 27: Dharwad superintendent of police, Ravikumar, has been accused of sexually harassing his brother Kirankumar’s wife, Chandana from Bhadravati. Chandana said that Kirankumar and his family members have meted out dowry harassment to her besides posing life threats. She made these allegations at a press conference held here on Friday April 26.
She said she was married to Kirankumar, a distant relative, on May 4, 2012. Even though dowry in the form of four lac rupees in cash and gold ornaments worth one lac rupees were given during the marriage, the family continued to demand for more, she alleged. Ravikumar, she said, called her over phone to say that he had since long wanted to marry her, and that in spite of her marriage with his brother, he wanted to have relationship with her.  She added that she had filed a complaint in Bhadravati Papertown police station in this connection on April 11, but nothing was done by the department.
Dr Mohan Rao Nalawade, president of Human Rights and anti-corruption Organization, who accompanied Chandana, demanded for the suspension of the SP and initiation of legal action against him. Chandana’s father, Phalakshappa, and mother,Jayamma, were also present.
Reacting to the allegation, Dharwad SP, Dr Y S Ravikumar, said that the allegations were untrue, and that he is open to any form of investigation. “I do not know why I am being targeted. After the marriage of my brother, I was transferred to Dharwad. I could not visit Bhadravati after that because of pressure of work. I am surprised that such an allegation has surfaced all of a sudden,” he added.


Wife who got daughter to file false rape charge against dad earns high court wrath

Wife who got daughter to file false rape charge against dad earns high court wrath

Wife who got daughter to file false rape charge against dad earns high court wrath

NAGPUR: Bombay high court's Aurangabad bench chided a woman for getting her 12-year-old daughter to file false rape charges against her estranged husband. "It is a shocking event that a teenager was used as a lever against her father. The teenager had put her esteem at stake, but it was instrumentality of her mother which, indeed, proved fatal for smooth family life," Justice KU Chandiwal observed.

"Memories of sexual assault are difficult to control and they disrupt daily life of victim," the court observed before acquitting the father who was languishing in Aurangabad central jail since 2010. The Aurangabad-based teenager had a lodged a complaint on January 20, 2010, that her driver father, 32, had raped her two months earlier and made another attempt a day earlier. Offences under Sections 376 and 506 of IPC were registered against the man.

After medical examinations, the father was convicted by the sessions court on February 12 last year. He challenged this verdict in the high court pleading there was matrimonial discord and disharmony between him and his wife and the daughter was being used as a stooge. He further claimed that his wife had instigated the daughter to accompany her to police station and lodge a false FIR.

"If the girl, at a tender age of 12-14 years, not used to sex, is sexually abused by grown up person like her father (appellant), the unfortunate implications are, to suffer profuse bleeding to her private part or to witness injuries in nearby area including, swelling and rupture. Nothing of this sort has taken place," Justice Chandiwal observed.

He stated the girl's testimony did not inspire confidence to bank upon and even the medical evidence did not support that she had suffered sexual abuse. He added that the evidence did not demonstrate that the victim was sexually abused, least of all by her own father. "If evidence of prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reasons the court finds it difficult to place implicit reliance on her testimony, it may look for evidence that may lend assurance to her testimony," the judge ruled before setting aside father's conviction.

दुल्हन की जिद के आगे दूल्हे राजा सरेंडर

दुल्हन की जिद के आगे दूल्हे राजा सरेंडर
http://royalbulletin.com/?p=10823
लहंगा चुनरी की बजाए जींस पेंट पहन कर विदा:बिजनौर। दुल्हनियां की अजीबो गरीब जिद के आगे आखिरकार दूल्हे राजा को सरेंडर होना पड़ा। क्षेत्र में यह मामला बेहद चर्चा का विषय बना हुआ है।प्राप्त समाचार के अनुसार नगीना के समीपवर्ती ग्राम की युवती ने मेरठ से एमबीए करने के बाद नोएडा में प्राइवेट कम्पनी में जॉब करना शुरू कर दिया था। इसी दौरान उसकी मौहब्बत कम्पनी के ही एक युवा अधिकारी से हो गई। करीब दो साल से दोनों के बीच रोमांस चल रहा था। इस बीच प्रेमी युवक की जॉब गुड़गांव की एक नामी गिरामी कम्पनी में लग गई। लेकिन दोनों के बीच मौहब्बत की डोर नहीं टूटी।दोनों के साथ-साथ जिदंगी गुजारने के प्रस्ताव पर परिजनों ने भी हामी भर दी। युवती के परिजनों ने दो दिन पूर्व ग्राम में रिश्तेदारों के लिए भोज का आयोजन किया था। जिसमें काफी लोगों ने शिरकत की थी। बीती रात नगर के एक मंडप में वैवाहिक कार्यक्रम का आयोजन किया गया था। सब कुछ ठीक-ठाक चल रहा था। लेकिन मंडप में जब काफी देर तक दुल्हनियां नहीं पहुंची तो तरह-तरह की चर्चाएं होने लगी। पूछताछ व कानाफूसी का दौर शुरू हुआ। लेकिन बाद में राज खुला कि दुल्हनिया साड़ी व लहंगा-चुनरी की जगह ब्लैक जींस व लाल टी-शर्ट पहनने की जिद पर अड़ी हुई थी। दूल्हे राजा ने उन्हें मोबाइल पर कॉल कर बेहद समझाया, मगर उन्होंने जिद नहीं छोड़ी। बाद में दूल्हे राजा को ही सरेंडर होकर जींस व टी-शर्ट मंगानी पड़ी। हां दुल्हनियां इतना जरूर मान गई कि फेरों के वक्त उन्होंने यह आधुनिक पोशाक पहना कर अपने मां-बाप की नाक नहीं कटवाई। दुल्हनियां की इस जिद को लेकर काफी लोगों ने प्रतिक्रया भी व्यक्त की।गौरतलब है कि आधुनिकता के इस दौर में सामाजिक संस्कारों को तिलांजलि दी जा रही है। इनकी वजह से ही पारिवारिक रिश्ते टूट रहे हैं।

Mumbai Police inspector's wife arrested for killing him

Mumbai Police inspector's wife arrested for killing him
http://ibnlive.in.com/news/mumbai-police-inspectors-wife-arrested-for-killing-him/388460-3-237.html

Mumbai: Fed up with domestic violence, the wife of Mumbai Police officer Nandkishor Taksalkar, posted with the local arms division, allegedly killed him using a hammer and the stone on Sunday. Nandkishor Taksalkar's wife Parvati has been arrested by the Mumbai Police in connection with the murder and police are investigating the case.
According to the police, Nandkishor wife killed her husband with the help of a hammer and stone. It is alleged that 43-year-old Nandkishor had a drinking problem and he used to regularly fight and beat up Parvati. After getting drunk he would become very violent, police officials said.
He also suspected that his wife was having an illicit affair with someone. He used to abuse and harass her alleging that she was not loyal to him.
Police officials say that Nandkishor fought violently with his wife a day before the murder. The police had intervened and stopped their fight, but Nandkishor was found murdered just a day later. 

Saturday, 27 April 2013

Mumbai Police Force One commando commits suicide weeks before wedding

Mumbai Police Force One commando commits suicide weeks before wedding

A 25-year-old commando from the Mumbai Police Force One team shot himself with his own pistol at the Kalina police camp last morning. He shot himself on the left side of his chest. Police suspect that Nandlal Sonavne was depressed over his troubled relationship with his fiance and so decided to take his life. He was just weeks away from his wedding.
Sonavne
Sonavne, who had been a part of Mumbai Police’s Force One team for over two years, was depressed owing to problems with his fiance
According to officials from Vakola police station, Sonavne was a native of Dhule district in north-western Maharashtra. He was engaged to a girl from his village and was due to marry her on May 12. The police said Sonavne joined the Mumbai police force three years back and was in the Force One team for the last two years.
He typed out a text message in Marathi on his mobile phone before taking his life, stating, ‘I love my parents and friends from my village. I also love my colleagues at the training camp, but I am not good enough for others. I don’t want to survive any longer’.
A source also said that he further wrote, ‘How can I marry a person who cannot be trusted?’ Police officials said that a few weeks ago, Sonavne learnt of an alleged relationship between his fiance and another man. He was depressed and wasn’t communicating with his friends in the training camp since then.
Last morning, after taking a bathe, Sonavne took his Australian pistol and went to a terrace. He typed out the message but didn’t send it to anyone. After this, he shot himself in his chest and died at the spot. He was rushed to the local hospital and was declared dead upon arrival. The police have registered an Accidental Death Report and are waiting for his family members to arrive from Dhule.
Force One
It’s a counter terrorism unit guards the Mumbai metropolitan area. It was formed under the Maharashtra Police on the lines of the National Security Guards in the wake of the 26/11 terror attacks.

http://www.mid-day.com/news/2013/apr/270413-mumbai-police-force-one-commando-commits-suicide-weeks-before-wedding.htm

Women now more likely to want sex than their male partners

 Women now more likely to want sex than their male partners

It's no longer the women, who is bailing out of late night intimacy with cries of headaches, stomach cramps and baby-related exhaustion, but these days its men, who are actually more likely to be the ones saying "not tonight, darling."
According to a new study, more than half said that they turn down sex more frequently than their female partner, the Daily Mail reported.
New research from an online pharmacy in the UK has revealed that, despite common stereotypes, men are more likely to turn down intercourse with their partner than women - with "tiredness" and "work stress" cited as the most common male "sexcuses".
Poll: Women & Liberty
The study, conducted by ukmedix.com, polled 1,922 British men aged over 18 and in a long-term relationship, and was conducted after the site noticed a marked increase in searches for libido enhancing medication throughout the first half of January.
Respondents were asked questions relating to their sex life with their partner.
Those taking part were asked who turned down sex more frequently, them or their partner, and 62 per cent of men polled said they did.
That majority was then asked what their most frequent "sexcuses" were - namely, the reasons they gave their partner for not wanting sex.
The five most popular being that they were too tired (45 percent), stressed about work (39 percent), had a headache (39 percent), felt too full after dinner (29 percent), or there was something good on TV (24 percent).
In contrast, when asked to give the genuine reasons they turned down intimacy, the top five included feeling uncomfortable about his body (38 percent) and having a low libido (35 percent).
The men taking part in the study were asked how frequently they had sex with their partner, to which the most common answer, for 42 percent of men, was once a fortnight.

http://www.indianexpress.com/news/women-now-more-likely-to-want-sex-than-their-male-partners/1064863

care of children whose parents are in legal war

1. Child takes birth with the mutual consent of wife and husband called subsequently as parents. They share their responsibilities whole heartedly to bring their child to a respectful position in the society. They both show love and affection towards the child. On the other side of the coin, if dispute arises between the parents the present law allows the mother to keep the child under her care with visiting rights to the father (after a great struggle and lapse of considerable time) thereby the father and his other family members are loosing their affection towards the child. The reason for this the court is saying that the child needs mother care in his/her early. This situation is horrible towards the father and his other family members and ultimately the father becomes an atm towards (his wife and) his child without continuous fruits. In the present scinario the education system of the child is such that the living together parents are sending their
child to any place for studies even from his 3rd or 4th year for months together and visiting both to see their child frequently. Under the circumstances the version of the court that child should be under the care of mother thereby keeping away the KHETRAGNA (the seed provider) is not excusable. In fact the disputed wife taking advantage of this keep point and taking grudge against her husband. If this rule is abolished and framed a new rule that until the dispute between the wife and husband is solved, the child should under the umbrella of Government Welfare Orgn. or at any private place accessable to both the wife and husband as and when they would like to see the child. In fact this amendment will reduce the egoism of the wife and she will start thinking from the point of safe family and avoid the bad boosting of her family members and realise that all are uncomparable with the safest and individual family.

I therefore request my friends to think for amendment of existing rules to the above effect for the betterness of Indian Families.

2. SECONDLY I suggest to gain knowledge about TRADITIONAL SURROGACY MEDICAL METHOD which is useful for any bachelor or persons who do not want to remarry due to the present worst situation but continue his VAMSA VRIKSHAM safely through the above medical traditional surrogacy method or any other methods thereby to have ISSUES (son or daughter) without a 498A-lovely wife.

Dec 16 gang-rape accused wants to undergo lie detector test

Dec 16 gang-rape accused wants to undergo lie detector test

New Delhi, April 25 (IANS) Terming himself innocent, an accused in the Dec 16 gang rape Thursday moved an application before the fast track court seeking permission to undergo a lie detector test.
Additional Sessions Judge Yogesh Khanna asked the Delhi Police to file its reply on the plea of Vinay Sharma, one of the six accused in the case.
Saying Sharma has been falsely implicated in the case, his counsel told the court his client is innocent and has no previous criminal record.
His counsel contended that Sharma, a student of B.A. first year and was working with a gym to earn his livelihood, "has been falsely implicated in the case and he is in judicial custody since December last year without any proper reason".
He also pleaded by him that the story of prosecution is totally "false and fabricated" and made by them under government pressure due to outrage by the people in the country.
He contended that Sharma was not in the bus on the night of Dec 16, 2012 night and was instead at a music function in south Delhi along with his friend and co-accused Pawan Gupta.
Meanwhile, the court also recorded the statement of the Safdarjung Hospital doctor who was in-charge of the Intensive Care Unit (ICU) where the victim was undergoing treatment for ten days.
The doctor, who had also accompanied the victim to a Singapore hospital on Dec 26 night along with four other doctors and her family members, told the court that the victim's condition was serious and the infection has also spread in her body due to injuries caused to her.
During the cross-examination by accused Gupta's counsel, the doctor said: "It is wrong to suggest that the victim was not having septicimia till Dec 21, 2012. I saw her on Dec 17 morning when she was already in septic shock due to her injuries and she was on injection dopamine infusion to maintain her blood pressure."
"There was no head of the said team of doctors. In fact, each and every member of the team was a specialist in his own respective filed," the doctor deposed, explaining that the victim was monitored by a team of doctors.
The doctor further told the court that since the victim was in critical condition, she was rushed to Mount Elizabeth Hospital in Singapore to manage the critical condition and to let her come out of it and at a later stage, to consider her for transplant of the organs.
The 23-year-old woman was brutally tortured and gang-raped in a moving bus Dec 16, 2012 by five men and a juvenile. She later died in a Singapore hospital.
The juvenile is facing proceedings before a Juvenile Justice Board, while the other accused were put up for trial in the fast track court. One of the accused, Ram Singh, is dead, having allegedly committed suicide in jail.

http://in.news.yahoo.com/dec-16-gang-rape-accused-wants-undergo-lie-172228399.html

Crime in India 2011 statistics


Crime in India 2011 statistics

http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf

‘New study’ to correct conviction rate in state

 ‘New study’ to correct conviction rate in state

National Crime Records Bureau report of 2011 says Maharashtra has the lowest conviction rate in the country.
The abysmal conviction rate of 9 per cent in Maharashtra is worrying even the Union law ministry, which has proposed a "new study" to solve the peculiar problem.
National Crime Records Bureau report of 2011 says the state has the lowest conviction rate in the country, lower than Bihar and UP. In fact, UP reported an impressive 59.5 per cent.
The decision to study the low conviction rate in Maharashtra was taken at a meeting between CM Prithviraj Chavan and Union minister for law and justice Ashwani Kumar in Mumbai Wednesday.
Sources said several committees headed by home, law and judiciary and police officials had been formed to suggest measures to improve the rate.
"It is a cause for concern and has been discussed. Obviously, there is a problem peculiar to Maharashtra which needs to be studied. A team of central and state officials will study the reason for the low rate and suggest steps," said Kumar.
Government officials, however, cited recent CID reports to refute 9 per cent conviction. They claimed the rate had gone up to 20 per cent. Government also said pendency had reduced from 49 lakh cases in 2010-11 to 30 lakh till November 2012.
Chavan said there was a detailed discussion on the justice delivery system in Maharashtra, use of central funds, pendency of files, progress in tackling crimes against women and conviction rate.
Meanwhile, the Centre assured "lack of funds would not affect judicial infrastructure" and "priority was to ensure affordable and expeditious justice".
The state has set up 10 gram nyayalayas with an assistance of Rs 1.5 crore from the central government. Additional 15 courts will be set up.
Additional judicial staff
Maharashtra will get additional 180 judicial staff and judges for fast-track courts and courts hearing cases of women. There are already 100 fast-track courts in the state, of which 70 are operational. Additional 16 courts to hear cases of crimes against women would be set up.

http://www.indianexpress.com/news/-new-study--to-correct-conviction-rate-in-state/1064078/