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Posts Tagged ‘delhi’

Women not required to produce evidence

Posted by iluvshrutiverma on November 15, 2009

In keeping up with the sexist attitude of the country, the Delhi court has ruled that – Asking a girl for evidence is insulting her.

The basic principal on which the whole Indian society is based – Women never lie.

http://timesofindia.indiatimes.com/india/Rape-victims-testimony-sufficient-to-convict-accused-Court/articleshow/5232053.cms

NEW DELHI: A Delhi court has said the testimony of a rape victim is “sufficient” enough to convict the accused and asking her to corroborate her

version by producing more witnesses will be insulting.
“The statement of the prosecutrix alone is sufficient and needs no corroboration. The conviction can be founded alone unless there are compelling reasons.
“In my opinion, it would be adding insult to tell a female that her story of woes would not be believed unless it is corroborated in material particulars in the case,” District and Sessions Judge P S Teji, quoting various judgements of the Supreme Court, said.
The court’s observation came while awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour.
It trashed the plea of convict that he was implicated by the girl and her family members as no independent witness was examined against him by the prosecution.
“In the traditional non-permissive bounds of India, no girl or woman would falsely implicate somebody for ravishing her chastity by sacrificing and jeopardising her future prospects,” it said, lending credence to testimonies of the victim and her parents.
It also imposed a fine of Rs 10,000 on convict, who raped the minor on the night of May 31, 2006 after taking her to a secluded place.

NEW DELHI: A Delhi court has said the testimony of a rape victim is “sufficient” enough to convict the accused and asking her to corroborate her
version by producing more witnesses will be insulting.
“The statement of the prosecutrix alone is sufficient and needs no corroboration. The conviction can be founded alone unless there are compelling reasons.
“In my opinion, it would be adding insult to tell a female that her story of woes would not be believed unless it is corroborated in material particulars in the case,” District and Sessions Judge P S Teji, quoting various judgements of the Supreme Court, said.
The court’s observation came while awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour.
It trashed the plea of convict that he was implicated by the girl and her family members as no independent witness was examined against him by the prosecution.
“In the traditional non-permissive bounds of India, no girl or woman would falsely implicate somebody for ravishing her chastity by sacrificing and jeopardising her future prospects,” it said, lending credence to testimonies of the victim and her parents.
It also imposed a fine of Rs 10,000 on convict, who raped the minor on the night of May 31, 2006 after taking her to a secluded place.

 

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Harassed husbands call for gender-neutral laws

Posted by iluvshrutiverma on November 1, 2009

http://www.asianage.com/presentation/leftnavigation/supplements/delhi-age/harassed-husbands-call-for-gender-neutral-laws.aspx – Shruti Badyal

(The journalist’s name is Shruti – and that is my favorite name for obvious reasons)

While much has been discussed about domestic violence against women, are there enough laws drafted to protect men in case of harassment as well? To seek answers for the same, Save the Family Foundation organised a protest against the Domestic Violence Act in the capital recently. According to many activists, the act is full of loopholes and is increasingly being misused by many women. Victims and NGOs working in the city to help harassed husbands now call for gender-neutral laws and highlight the loopholes in the existing laws.

“Section 19 of the Domestic Violence Act says that on the sole testimony of the victim (woman), the judge may presume that some domestic violence may have happened, without listening to the accused. And the judge may also pass a protection order. This is against the basic human rights. Shouldn’t a man be given the chance to prove himself?” says Neeraj Aggarwal, coordinator of the Save Family foundation.

Another section which favours women is Indian Penal Code’s (IPC) section 498A. Niladri Das, secretary, Gender Human Rights Society explains, “Section 498A is a non-bailable offence which protects married women from cruelty subjected to her by her husband or in-laws mainly for the purpose of dowry. And a case can be filed on mental and physical cruelty under this section. Since it’s non bailable, women have misused this law to settle scores in bad marriages and husbands are put behind bars without any evidence. At least this should be made a bailable offence.”

Interestingly, NGOs working in the field stress on the need for many more measures to ensure that there are no loopholes in the law and both genders enjoy equal rights. “Stringent penalties should be imposed on people who misuse this law to discourage its abuse by women, arrests should be made ‘only’ if there is irrefutable evidence of grave physical harm, the trial for 498A must be time bound and completed within 6 months to a year and all anti-dowry laws should be gender-neutral since both giving and taking of dowry are punishable offences,” concludes Dr Anupama Singh, president, Rakhsak, India.

Male victims who have suffered domestic violence blame factors other than just law for the injustice they are subjected to. “Cops play a major role in the process and often harass men without any evidence. My wife filed a case against me, complaining that I beat her but the dates she mentioned in the complaint were days when I wasn’t in Delhi. So when cops knew I had evidence to save myself, they secretly asked them to change the dates and filed a fake chargesheet against me,” says Ashish Kumar Sinha, a software engineer.

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Cruelty against women; Court concerned over misuse of law

Posted by iluvshrutiverma on October 17, 2009

http://www.indianexpress.com/news/cruelty-against-women-court-concerned-over-misuse-of-law/529372/

New Delhi A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.

“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.

Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.

The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.

After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.

The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.

The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.

“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

The court said that “vague and bald” statements cannot be the foundation for framing of charge.

“When allegations are levelled, the courts are not expected to accept them without applying a judicial mind to the facts and circumstances of the case. The framing of a charge is not a knee-jerk reaction, but is an application of the judicial mind to the evidence before the court,” it said.

The court said that the woman had failed to come up with any specific instance of cruelty in her complaint.

“Facing a criminal trial is not an easy task, it is an ordeal. A person accused of an offence is not only socially stigmatised, but also has to invest time, money and energy in protecting his liberty and reputation,” it said.

A Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
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The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he saidA Delhi court has expressed concern over growing propensity to rope in innocent persons as accused in cases relating to cruelty against married women and sought a vigilant approach from lower courts in prosecuting relatives of the accused husband.
“A tendency has emerged to rope in family members of the husband in cases of Section 498A (cruelty against women), of the IPC. Concrete allegations with regard to the date, the place, the manner, the act of cruelty should be present in the evidence in order to frame charge,” Additional Sessions Judge (ASJ) S K Sarvaria said.
Upholding an order of a magistrate who discharged the husband and his family members in a harassment case lodged by his estranged wife, the ASJ said, “Because of the present propensity to rope in innocent persons, the trial courts have to be vigilant while framing charges for offence of cruelty.
Ads by Google
The prosecution had challenged the lower court’s order discharging five accused from the charges of subjecting complainant Kiran to cruelty in 2002 here.
After filing of the chargesheet, the Magistrate had discharged them of the charges saying it did not find concrete evidence to proceed with the case.
The “judicial mind” needed to be applied considering the facts and circumstances of each case while framing the charges, the ASJ said upholding the findings of the lower court.
The ASJ said that the courts were empowered to differ with the findings of probe agencies if they found lacunae in their investigation.
“The court is not expected to act as the Post Office to the decision of investigating agency. When there is some suspicion but not grave suspicion, it is empowered to discharge the accused if the circumstances so warrant,” he said.

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Woman fined Rs 50K for filing frivolous petition

Posted by iluvshrutiverma on October 26, 2008

NEW DELHI: An exemplary cost of Rs 50,000 was slapped on a woman on Thursday by the Delhi HC which took exception to her tactics to stall divorce.

proceedings filed against her by her husband on grounds of desertion. HC was irked by her move to file a frivolous petition to delay the divorce proceedings initiated by her husband in a family court.

“I find that this petition is frivolous and is liable to be dismissed with an exemplary cost…” said Justice Shiv Narayan Dhingra in a judgement while dismissing a petition filed by Sujata Aggarwal challenging a family court decision to reject her application for adjournment in 2007.

“Every kind of excuse available on the earth had been put forward for seeking adjournments and all tactics had been adopted to delay the proceedings,” HC observed and referred to the lower court order that had stated that Sujata had taken several adjournments since 2001 to delay the proceeding in the divorce case filed by her husband Ravi Shankar Aggarwal in 1998.

Justice Dhingra also said, neither the wife nor her counsel appeared before the family court in August 2001 to receive the alimony paid by her husband, thereby strenghtening suspicion that their intention was only to delay proceedings.

“The ground on which the husband sought divorce is desertion. Sujata had an option to lead her evidence to show that she had not deserted and fault lied on the side of the husband. Instead of leading evidence and appearing in the court she had just seen to it that the case does not proceed,” the Court said.

On March 3, 2007, the family court had dismissed an application filed by Sujata for an adjournment in the 1998 case for divorce sought by her husband on the ground of desertion by his wife. After allowing several applications filed by Sujata and granting adjournments several times since 2001 on one or other grounds taken by the wife, the family court had dismissed her plea for further adjournment.

http://timesofindia.indiatimes.com/Delhi/Woman_fined_Rs_50K_for_filing_frivolous_petition/articleshow/3605191.cms

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