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Archive for October 11th, 2009

Harassed men, kin to hit streets

Posted by iluvshrutiverma on October 11, 2009

CHANDIGARH: Fed-up of being victims of domestic violence, harassed men and their family members across the country will take to the streets in
prominent cities to protest against Domestic Violence Act. Representatives of Save India Family Foundation while talking to TOI informed that following an increase in the number of such complaints, they had decided to mark October 25 – day the Act was implemented – as ‘Domestic Violence against Men Day’ and have chalked a list of activities, including protest marches by thousands of men in Delhi, Mumbai, Chandigarh and Hyderabad.
“We will be organizing a protest march in various prominent places of different cities across country on October 25,” said Nitin Gupta, representative, SIFF, Chandigarh unit, adding, “In Chandigarh, we have sought permission to stage a dharna in Sector 17, whereas our Delhi unit is planning one near Jantar Mantar.”
Clearing the air, NGO members plan to observe the entire October as Domestic Violence Awareness Month, the first time it will be done in the country. “Our aim is to make it an international event for all men’s rights and fathers’ rights groups across the world. Our month-long campaign will focus on educating the Indian public about how the problem of domestic violence has been misrepresented; how DVA has been commercialized and how Indian laws, claiming to prevent domestic violence, are actually promoting domestic it as well as human rights abuse against men, women and children,” Gupta added.

CHANDIGARH, 2 Oct 2009: Fed-up of being victims of domestic violence, harassed men and their family members across the country will take to the streets in prominent cities to protest against Domestic Violence Act.

Representatives of Save India Family Foundation while talking to TOI informed that following an increase in the number of such complaints, they had decided to mark October 25 – day the Act was implemented – as ‘Domestic Violence against Men Day’ and have chalked a list of activities, including protest marches by thousands of men in Delhi, Mumbai, Chandigarh and Hyderabad.

“We will be organizing a protest march in various prominent places of different cities across country on October 25,” said Nitin Gupta, representative, SIFF, Chandigarh unit, adding, “In Chandigarh, we have sought permission to stage a dharna in Sector 17, whereas our Delhi unit is planning one near Jantar Mantar.”

Clearing the air, NGO members plan to observe the entire October as Domestic Violence Awareness Month, the first time it will be done in the country. “Our aim is to make it an international event for all men’s rights and fathers’ rights groups across the world. Our month-long campaign will focus on educating the Indian public about how the problem of domestic violence has been misrepresented; how DVA has been commercialized and how Indian laws, claiming to prevent domestic violence, are actually promoting domestic it as well as human rights abuse against men, women and children,” Gupta added.

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209 men kidnapped for marriage in India

Posted by iluvshrutiverma on October 11, 2009

Men are so afraid of marriage that they are being kidnapped to be forced into marriage

New Delhi It may sound curious but a latest government survey shows 209 men were kidnapped in the country last year to force them into wedlock. This figure includes three men above the age of 50 years and two below the age of ten years.Interestingly, Bihar is the only big state where more men are kidnapped than women, according to the ‘Crime in India — 2007’ report prepared by National Crime Records Bureau.

According to the report, 1268 men were kidnapped from Bihar while figures for women were six less than that. Out of a total of 27,561 kidnapping cases, 12,856 were related to marriage in which 12,874 people were abducted.

Marriage was the main cause of kidnapping and abduction of women which accounted for 61.2 per cent (12,655) of the 20,690 victims from the fairer sex while ransom was the main cause of kidnapping of men representing 8.1 per cent cases (596 out of 7,340).

Among the women, the report said, the largest number of victims of kidnapping for marriage were from the age group of 18-30 years accounting for 7,930 followed by 15-18 years with 2,521.

Five men in the age-group of 18-30 years were among 417 people who were kidnapped for prostitution, with 264 women between 18 and 30 years leading the list of victims.

A total of 28,030 persons were kidnapped or abducted last year registering an increase of 15.4 per cent than the previous year.

More than double number of females (20,690) were kidnapped compared to men (7,340) accounting for 73.8 per cent, the NCRB report said.

Interestingly, not a single case of kidnapping was registered across the country for selling body or body parts while 15 cases of kidnapping for begging were reported.

The highest incidence of kidnapping was reported from Uttar Pradesh which accounted for 16.2 per cent (4,478 cases) followed by Bihar (2,530).

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Who says women do not assault?

Posted by iluvshrutiverma on October 11, 2009

http://www.youtube. com/watch? v=7-rczOX8Vdk

http://www.youtube. com/watch? v=P9QP8HMgACg

http://timesofindia .indiatimes. com/articleshow/ 1016522.cms

Court orders framing of charges against Ex-WCD Minister Renuka Choudhary

TNN 10 February 2005, 04:01am IST
NEW DELHI: A city court has ordered framing of charges against tourism minister Renuka Choudhary in a 12-year-old case. 
Choudhary was accused of beating up a traffic cop who stopped her from taking a road which was closed due to security reasons for the PM’s motorcade. The court has fixed March 15 for framing of charges. 

“A prima facie case under Sections 332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assault or criminal force to deter public servant from discharge of his duty) of IPC is made out against Renuka Choudhary,” it said.

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Conviction rate in dowry death cases

Posted by iluvshrutiverma on October 11, 2009

This post is for all those who are fighting false cases related to dowry death and harassment.

IPC 304-B (Dowry death) is a much more severe law as compared to IPC 498-A (Dowry harassment).

As per Times of India, the conviction rate in dowry death cases is 0.52%.

http://timesofindia.indiatimes.com/articleshow/msid-4014265,prtpage-1.cms

CHENNAI: Forty seven years after the demand for dowry was made illegal in the country, Tamil Nadu registered 194 cases of dowry deaths in 2008, according to data collected from the state crime records bureau (SCRB). While proof in the form of charred or partially burnt bodies was available for 57 of these cases, a majority of the other cases had bodily injuries and manifestations of other forms of cruelty as evidence. Till date, however, only one person has been convicted. This gives the state a conviction rate of 0.52%, which is just a shade better than the 0 % conviction rate registered for the year 2007.

Though KP Jain, director general of police, was unavailable for comment, legal and medical authorities ascribe the poor rate of conviction to a host of reasons shoddy investigation, hostile witnesses and multiple and often contradictory versions of the incident given by victims themselves moments before their death.

“Even though there is a proper legal procedure in place, majority of the fatal burns cases get registered or proven as accidental,” says Dr N Srinivasa Ragavan, professor of forensic medicine at government general hospital (GGH). Forensic experts in the city, in fact, say that this is the reason why only a small percentage of fatal burns cases get recorded as dowry deaths.

Statistics from the Kilpauk Medical College (KMC), centre for burns in Tamil Nadu, bear out their concern. For the year 2008 alone, the centre handled a whopping 1,277 cases of fatal burns, of which 68 % (869 ) were female victims. And these were cases from only Chennai city and adjoining districts like Thiruvallur, Kancheepuram and Chengalpattu. “Then how can only 57 cases be registered for an entire state of 31 districts?” says Ragavan. The concern over under-reporting of burns-related dowry deaths coupled with a poor rate of conviction looms heavily over the issue of dowry harassment and the status of women in the state.

Inside white-washed, disinfected rooms, cause of death in post-mortem reports of fatal burns cases read: shock, burns or complications arising from burns. If any of these cases involved the death of a woman married for not less than seven years, a complex legal procedure would follow.

According to Section 304 B of the Indian Penal Code, if the death of a woman who has been married for less than seven years is found to be caused by burns, bodily injury or any other unnatural circumstance, an inquest for dowry harassment has to be conducted by an executive magistrate or a revenue divisional officer. If the inquest establishes that the victim was subjected to dowry harassment before her death, then her demise is termed a dowry death and her in-laws and husband can be held liable. This apart, if a burns victim is in a critical state, a judicial magistrate can be called in to record her version of the incident as a dying declaration’, which can later be used as evidence during prosecution.

“To begin with, we know when a case of fatal burns is accidental, suicidal or homicidal by the distribution of burns suffered by the victim,” says Dr R Selvakumar, professor, forensic medicine, GGH. “There have been numerous instances when we have been told that the woman got burnt while cooking because the stove burst. If this is the case, then the woman should have suffered burns only on the front portions of her body. Her back would have been spared,” he explains. Moreover, if a woman has set herself on fire while standing, then her soles would still remain unaffected, he adds.

The low incidence in reporting fatal burns cases as dowry deaths is not just linked to shoddy investigation but also to attempts by victims and families to hush up the incident to save family honour.

“On numerous occasions, witnesses, usually family members, turn hostile,” says advocate cum human rights activist Sudha Ramalingam. “They don’t want to provide evidence against their own kin. At other times, relatives hush up the issue as they feel the child, which is already motherless, should not be made fatherless too,” she adds.

Another reason why a majority of fatal burns cases are dismissed off as accidental is due to the presence of multiple and contradictory dying declarations issued by victims themselves, which weaken chances of prosecution. Dr Ragavan recalls a 15-year-old case where the victim who admitted to being set fire by her mother-in-law to him, contradicted her own statement in the presence of the magistrate. “The woman had suffered third degree burns. But she didn’t want to go ahead with the complaint as she felt that if she did survive, she would have to live with the same family,” Ragavan says.

Opinions vary over how many fatal burns cases are genuine cases of dowry deaths across medical and investigative authorities. A senior professor with the forensic department says, “In my opinion, less than 5 % of fatal burns cases are caused by dowry harassment. Abetment of suicide forms another 50 % per cent. The rest of the cases are suicidal.” A statement concurred to by a high-ranking police officer who spoke on condition of anonymity.

“These days, men, women and children are driven to extreme action with the slightest of provocations,” the officer says. “The figures thrown up by the SCRB are in keeping with reality. People are socially-aware and it’s only in the rarest of rare cases that dowry harassment goes unreported.”

This year, between January 1 – 15, the corkboards at the four government hospitals registered 49 cases of fatal burns cases. With a conviction rate of 0.52%, only time will tell how many of these will emerge as genuine cases of dowry deaths.

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Man puts kidney on sale to pay maintenance

Posted by iluvshrutiverma on October 11, 2009

New Delhi: A man in Ropar has approached a court in Punjab for permission to sell his kidney to pay Rs8,000 maintenance to his estranged wife. The man’s monthly income is Rs3,600.

While the judgement is still awaited, this unique case has generated strong demands for a “rational maintenance” in proportion to the husband’s salary.

A woman can seek maintenance from her estranged husband under laws like Section 125 CrPC, Section 23 of Domestic Violence Act (DVA), Section 24 Hindu Marriage Act (HMA), Section 18 Hindu Adoptions and Maintenance Acts (HAMA), Section 25 Hindu Marriage Act etc. In fact, Section 24 of HMA even provides relief to a man who has no independent income, besides necessary expense for court proceedings. But husbands claim that men are rarely considered for maintenance while in many cases maintenance has been awarded to wives much beyond the capacity of the husbands.

They now want the judiciary to ponder over the fact that a working and well-qualified wife is an empowered woman and has, hence, no right to claim maintenance.

These husbands have written to law minister Veerappa Moily and the Chief Justice of India, proposing a concept of three year interest-free loan to non-working spouses to enable them to get gainful employment.

“The courts should not force an unemployed man to pay maintenance. We have seen cases were husbands are forced to either sell their organs or told to beg/borrow/steal to pay maintenance. Maintenance should be looked upon as a means to survive, not an easy route to tax-free luxuries. The way courts are ordering maintenance in the range Rs20,000-30,000 is completely unacceptable. Maintenance should not be a matter of right but awarded in certain circumstances,” said Virag Dhulia of Save India Family Foundation (SIFF), an organisation of harassed husbands.

While some recent judgments indicate that the courts are slowly trying to maintain a balance, the men say it is a drop in the ocean. “The pendulum swings too far to one side. Judiciary has to be sensitive to reality and actual conditions,” lawyer Prashant Bhushan said.

http://wp.me/plC3a-47

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पत्नी पीड़ितों ने मनाया अहिंसा दिवस

Posted by iluvshrutiverma on October 11, 2009

नागपुर इस बार इंटरनैशनल डे ऑफ नॉन वॉयलंस यानी विश्व अहिंसा दिवस संतरानगरी नागपुर के पत्नी पीड़ितों ने अलग ढंग से मनाया है। यह पहला मौका है जब बीवियों के सताए पतियों ने 2 अक्टूबर को घरेलू हिंसा जागरुकता महीना मनाने की शुरुआत किया है। सेव इंडिया फैमिली फाउंडेशन नागपुर के प्रमुख राजेश बखारिया ने बताया कि इसके जरिए वे घरेलू हिंसा कानून के दुरुपयोग के खिलाफ अपनी आवाज बुलंद कर रहे हैं।

ज्ञात हो कि 2 अक्टूबर से केंद्रीय महिला और बाल विकास मंत्रालय महिलाओं के खिलाफ हिंसा के निवारण के लिए नैशनल कैंपेन शुरू किया है। वहीं पुरुषों की शिकायत है कि पत्नियों को घरेलू हिंसा से बचाने के लिए घरेलू हिंसा कानून समेत कुल 1भ् सिविल और क्रिमिनल कानून हैं, लेकिन पतियों, बच्चों और पति के परिवार को बचाने के लिए एक भी कानून नहीं है। पीड़ित पतियों ने अक्टूबर का महीना ही इसलिए चुना, क्योंकि 2006 में अक्टूबर के महीने में ही डोमेस्टिक वॉयलंस ऐक्ट पास हुआ था। श्री बखारिया ने बताया कि उनका संगठन इस अभियान के तहत देश भर में अपना विरोध जताएगा। एक महीने चलने वाले इस शांतिपूर्ण विरोध में नागपुर के अलावा बेंगलुरु, पुणे, हैदराबाद और दिल्ली में कई कार्यक्रम होंगे। उन्होंने बताया कि आम जनता के अलावा उन लोगों को जागरूक किया जाएगा जो शादी कर रहे हैं, लेकिन घरेलू हिंसा कानून के दुष्परिणामों के बारे में जानकारी नहीं है। उन्होंने बताया कि वे विवाह बंधन में बंधने वाले युवाओं को बताएंगे कि वे इस कानून के शिकार न बने सकें।

एसआईएफएफ के फाउंडर सदस्य गुरुदर्शन सिंह ने बताया कि मानवाधिकार के वैश्विक घोषणा के अनुसार कानून की नजर में किसी भी आरोपी को यह अधिकार है कि वह तब तक निर्दोष माना जाए, जब तक दोषी साबित नहीं हो जाता। लेकिन घरेलू हिंसा कानून में हमारा कानून यह मानता है कि जब तक आरोपी निर्दोष साबित नहीं होता, तब तक वह दोषी है। यह निष्पक्ष ट्रायल के यूनिवर्सल सिद्धांत के खिलाफ है। हर साल 4 हजार निर्दोष वरिष्ठ नागरिक और 350 बच्चों समेत करीब एक लाख निर्दोष लोग भारतीय दंड संहिता की धारा 498 ए के तहत बिना सबूत और जांच के गिरफ्तार होते हैं।

मानवाधिकार के वैश्विक घोषणा के मुताबिक कानून की नजर में सब बराबर हैं और बिना किसी भेदभाव के कानून में समान संरक्षण के अधिकारी हैं। साथ ही, संविधान के अनुच्छेद 14 के अनुसार भारत की सीमा के भीतर राष्ट्रय, किसी व्यक्ति को कानून में बराबर के अधिकार और कानून में बराबर संरक्षण के अधिकार से मना नहीं कर सकता। लेकिन घरेलू हिंसा कानून पुरुषों को किसी भी तरह का संरक्षण देने से साफ मना करता है। हर साल 56 हजार से ज्यादा शादीशुदा पुरुष मौखिक, भावनात्मक, आर्थिक और शारीरिक और कानूनी प्रताड़ना के शिकार हो रहे हैं। कानूनी प्रताड़ना के कारण कई लोग आत्महत्या भी करते हैं। पुरुषों के संरक्षण की कोई बात नहीं कर रहा है।

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Which idiot says the DV Act is misused?

Posted by iluvshrutiverma on October 11, 2009

Day in and Day out, we get to hear so many cases of the women-centric laws being misused. Be it the 498A or the PWDVA (Commonly known as the DV Act), everyone around alleges that these laws are being misused by the legal terrorists to terrorize their husbands and their families and using them as Free ATM Machines.

However, a critical study of this PWDVA law itself, makes me wonder; is this law really being misused at all? Surprised? Let me give you some grounds to think…

  • The act is made to provide relief ONLY to the married women in a domestic setup.
  • It’s one of the only laws that are entirely drafted and finalized by Lawyers, and not the legislation. This seems to me like a lock designed by a team of thiefs; and you expect that lock to be theft-proof.
  • This law is also famous as being a clumsy copy of the notorious VAWA law of the US, which is under a lot of criticism already. Even otherwise this law is a direct offshoot from the US sponsorship towards breakage of Indian Family system.
  • This law defines Domestic Violence as anything that the wife feels as a cruelty towards her. It might include the husband not giving her money for Kitty Party, or even he calling her step brother an idiot.
  • The law provides the wife to accuse anyone in the domestic relationship, including 2 months old baby, 89 years old granny or an 8 months pregnant sister-in-law. And they’ll all be required to run from pillar to post in the Indian Courts for as long as the Complainant or the Judge wants.
  • The complainant under this act can ask for any amount of money from the husband as compensation. There’s no limits to her imagination.
  • The complainant can also ask for a “right to residence” in any house that she might have stayed with her husband, ever. In addition, she can also legally ask all the other residents in that house to evacuate it, on the pretext that she feels threatened by them.
  • The Complainant can file a case under this act at any time of her life, even after 12 years of her divorce from the accused (ex-) husband.
  • There is no penalty whatsoever for the complainant if the filed case is proven to be entirely false.
  • The Supreme Court of India has ruled very clearly that this Act is a Clumsily Drafted Law and so it should be scrapped.
  • This law is already declared as unconstitutional by the National Organization “Save Indian Family” in it’s National-level Shimla Meet 2009.

With all the above points about this particular act, don’t you think the law was specifically designed by the Lawyers Collective for the exact purpose to destroy the very fabric of the country?

Now that you know the background about this law, do you still think this law is being misused? I’d say not at all. The PWDVA, 2006 is actually Used properly for achieving it’s exact objective. The objective to destroy India and the Indian Family System, by destroying the very workforce of the country, i.e. the Men and their families.

So when a law is being used exactly as it was designed to be used, would you still call it a misuse? I’d not.

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