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Posts Tagged ‘dowry’

Actress admits her dowry harassment allegations were false

Posted by iluvshrutiverma on September 23, 2010

Kolkata, Sept 23 (IBNS): Tollywood actress Swastika Mukherjee has confessed in a media conference that the dowry harassment allegations she made against her estranged husband were false, apparently bringing a closure to an episode that has been playing out amidst full media glare for ten years.

“I was young, I did not have enough sense back then and I did what my family, friends and peers advised me to do,” is how Swastika on Wednesday chose to explain why she falsely accused her husband singer Promit Sen of “subjecting her to cruelty” and “criminal breach of trust”.

Swastika’s shocking but predictable confession comes a day after she apparently submitted an affidavit at a city court admitting that the charges she made against her husband and her in-laws under Indian Penal Code 498A and 406 were “unfounded, false, baseless and speculative”.

Swastika and Promit, the youngest son of renowned Rabindrasangeet exponent Sagar Sen, were married in June 1998, when the actress was just 18. “Things started to go wrong around two years later when like a bolt from the blue my brother, our family and even me, who all lived in different places, were charged by her for dowry related crimes,” said Pritam Sen, Promit’s elder brother, who also attended the press conference.

“We went through hell for the past ten years. So many arrest warrants, all the expenses and the defamation aside, my brother is never going to get back the last ten years. He’s totally mentally devastated,” he added.

Though divorce was reportedly filed by Swastika in 2001, the cases are still under legal red tape.

Pritam said recently Swastika had issued a press release which after being published in the media made it seem as if the two parties had reached a compromise and were heading for divorce which was definitely not the case.

Hence Wednesday’s press conference was called by the actress “to come clean”. “I am deeply sorry for all that Promit and his family has had to go through. I hope he can move on,” said Swastika. “As far as the custody of our daughter Anwesha is concerned, lets see what plays out. She’s a ten-year-old girl and she too has a say in this,” she said.

When asked what drove her to suddenly make such an effort, she replied that it was not out of any pressure but just a “realisation”.

Sources, however, say this might be just a coup to get the divorce the 30-year-old actress, who is known for her ‘who cares’ attitude and has not exactly had the smoothest relationships over past few years, has been after for quite some time.

Pritam, however, said he and his family were pleased at Swastika’s confession.

He said, “I think we should give her the benefit of the doubt. Let’s see what this leads to. But we’ll not accept anything but a genuine apology.”

The Sen family is apparently not mulling pressing charges on the actress since they are “not vindictive people”, said Pritam.

The confession, apart from sending gossip mills in overdrive, also sheds light on the Indian Penal Code which leaves the door for such a heavy-handed charge wide open for misuse.

http://www.forestlaneshul.com/swastika-mukherjee-admits-her-dowry-harassment-allegations-were-false-9650.html

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Husband finds solution to false 498a

Posted by iluvshrutiverma on May 31, 2010

Husband finds better solution to false 498a – kills four of wife’s family

http://wp.me/plC3a-cJ

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Man alleging misuse of dowry act performs ‘shraadh’ for self

Posted by iluvshrutiverma on April 10, 2010

http://toi.timesofindia.indiatimes.com/city/lucknow/Man-alleging-misuse-of-dowry-act-performs-shraadh-for-self/articleshow/5780599.cms

LUCKNOW: Former state government employee and a resident of the Old City, Pandit RamShankar performed a shraadh ceremony on Friday that was ‘different’. Shankar performed the ceremony for the ‘departed soul’ of Akhil Dubey, a Lucknow-based pharma executive. But here’s the catch. Dubey, alive and kicking, was part of the ceremony. As for why he felt the need for performing the ‘shraadh’ — Dubey was commemorating his ‘death’ as a common man, on the same day, exactly one year ago.

Here’s what prompted such extreme action. After tying the knot on November 2008, Dubey alleges that he discovered that his wife was already married and also had a child. Shocked on making the discovery, he attempted to “resolve” the issue but met with little success.

“Two months later, when I moved divorce proceedings against her, she slapped a case of dowry harassment against me under section 498 A of the Indian Penal Code,” says Dubey. Under this section, on April 9, 2009, an FIR was registered against Dubey. “That day marked my death as a common man. In the eyes of the world, I became branded as a criminal,” adds Dubey.

And to commemorate his ‘criminal status’ one year on, the ‘shraadh’ ceremony respectfully remembered Dubey for the ‘decent and common man’ that he used to be.

As for the sanctity of such religious rites, Shankar defends the act saying the Indian scriptures allow a living person to perform his ‘shraadh’. “The ‘Garud Puran’ allows people to do their own ‘pind daan’ while they are alive. Especially those who do not have children and cannot perform the rites after their death. Similarly, the ceremonies for the 10th and 13th day can also be performed in advance,” says Pandit Ram Shankar.

The unique event was organised by a Lucknow-based NGO, Pati Parivar Kalyan Samiti (PPKS), a group of “afflicted” husbands who have been protesting the misuse of section 498 A of the IPC by women.

According to this section of the IPC, if the husband or his relative subjects a woman to cruelty, he shall be punished with imprisonment for a term which may extend to three years and is also liable to pay a fine. The offence is cognizable, non-compoundable and non-bailable. Interestingly, the protest against the misuse of the law by women has been gaining ground across the country. Seeking to be absolved from the status of ‘criminals’ and to voice their protest, over 2,000 members of PPKS Lucknow, routinely, bail out other aggrieved husbands and also instruct them on how to get out of the procedural tangles involved in the issue.

http://wp.me/plC3a-cs

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P7 news channel – Kayda Kanoon

Posted by iluvshrutiverma on March 4, 2010

http://wp.me/plC3a-ck

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Girl repents filing Dowry case

Posted by iluvshrutiverma on January 4, 2010

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LKG kids torture and assault a woman to death

Posted by iluvshrutiverma on December 29, 2009

This happens only in India.

What IPC? Cops set to

arrest kids for killing

‘bhabhi’

SASARAM: Can Class I and LKG kids torture and assault a woman to death? Or, to be more liberal, can children of this age collude with their grown-up kin to execute a killing in their household? Indian Penal Code (IPC)’s Section 82 says: “Nothing is an offence which is done by a child under seven years of age.” But either Kaimur police have not read the rule book or they care a damn about it.

In yet another instance of sham police investigations making ridiculous conclusions in criminal cases, Chaniya Khatun, 6, and her sister Soni Khatun, 5, along with six other family members have been held guilty by police of having killed an 18-year-old woman.

With Kaimur superintendent of police P K Srivastava agreeing to the Bhabhua DSP Sanjay Kumar’s supervision note and ordering the arrest of the accused, the eight, including the two girls, are likely to be arrested “any moment now”. “I have already procured a warrant of arrest against the eight accused,” said R K Singh, station house officer of Sonhan police station.

It was the Sonhan PS which lodged an FIR in the case on September 2 this year after the court of Bhabhua chief judicial magistrate (CJM) forwarded a complaint case to it for investigation. In his complaint, filed in the CJM’s court on August 18, one Shah Mohammad of Khair village alleged that his 18-year-old daughter Akhtari Begum, who was married to one Md Tajuddin of Pawandi village in Rohtas district, was killed by her husband and in-laws on July 26 for dowry. As it happens in such cases, all the in-laws were named as accused.

On September 24, Bhabhua DSP Kumar along with the investigating officer visited Pawandi and supervised the case. He also interrogated the minor sisters and arrested the girl’s father-in-law. His supervision note concluded that the accusation appeared to be true as those named accused had tortured and assaulted Akhtari to death for dowry. Akhtari was the wife of the brother of Chaniya and Soni, who study in a primary school.

Srivastava just okayed the DSP’s findings and ordered the arrest of the accused. In case they elude police, their property will be attached, he further ordered.

Ironically, Srivastava on Monday evening told TOI: “Aisi galtiya hote rahti hai (Such mistakes keep happening)” if the children are named accused and witnesses also corroborate the accusation. When told about IPC and asked about police wisdom, he said: “We will do something about it now.”

A senior lawyer and member of the Bihar Bar Council described the police action as illegal. “Nor only does it border on incredulity, but it also reveals an insensitive face of the state police,” said Akhauri Mangala Charan Srivastav.

No this is not a one-off case of its kind. Earlier this month, this newspaper reported how an SP found the accusation true against all the members of a family in a case of kidnapping that never took place. So, all of them, including an octogenarian, were jailed for months.

In another case, an alleged murderer fooled police into arresting two innocent persons for the crime he had committed.

Taking cognizance of the two cases of “violation of rights of innocent persons by police” the State Human Rights Commission has sought a reply from director-general of police Anand Shankar.

By the way, this still does not beat the previous record of police for arresting a 57 DAYS old baby for dowry torture. See the video at http://wp.me/plC3a-3E

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Man moves court against wife under Dowry Act

Posted by iluvshrutiverma on December 11, 2009

CHANDIGARH: Generating a great deal of debate and curiosity in a reverse crime of sorts, a resident has moved the district courts to seek the registration of an FIR against his wife for giving him dowry.

Ravinder Singh Dhanju of Attawa village in Chandigarh filed a petition on Tuesday under Section 156 (3) of CrPC for directions from court to incharge of the women’s cell in Sector 17 or SHO Sector 36 to register a case against wife Baljinder Kaur and in-laws under Section 3 of Dowry Prohibition Act.

At the receiving end himself when Hisar police on November 29, 2008, booked him and his family, including his Australia-based brother, under various section of IPC for dowry harassment and criminal conspiracy on the complaint of his wife, Dhanju turned the situation on its head by stating in his plea that under Section 3 of the Dowry Act, if a well-educated woman married despite demands, she and her family too became partners in crime.

Alleging that Hisar cops ignored the fact that giving dowry was also an offence, Dhanju’s lawyer TS Soodan pleaded that the statements of Kaur and others in the FIR against his client be treated as confessions and the guilty be booked accordingly.

Dhanju married Kaur, a resident of Hisar, in December 2004, after the couple had a son out of wedlock. In their complaint, his wife and her parents stated that they had spent Rs 18-19 lakh on the marriage. They also presented a list of articles and cash that had been allegedly given to Dhanju and his family as dowry.

After receiving the petition, the court of judicial magistrate first class Sunil Kumar fixed January 19 as the next date of hearing.

http://timesofindia.indiatimes.com/city/chandigarh/Man-moves-court-against-wife-under-Dowry-Act/articleshow/5316793.cms

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States told to prevent harassment of husbands

Posted by iluvshrutiverma on December 3, 2009

Thursday, 03 December 2009 18:30
New Delhi, Dec 3 (IANS) The government has received several representations regarding misuse of an Indian Penal Code (IPC) provision that deals with dowry harassment and an advisory has been issued to state governments to prevent its misuse, the Lok Sabha was informed Thursday.
In a written reply, Minister of Law and Justice M. Veerappa Moily said: “A number of representations have been received from various quarters regarding the misuse of the provision of Section 498A of IPC. Information regarding its misuse is not collected by the National Crime Records Bureau.”
Section 498A of the IPC deals with cases of dowry harassment.
“The matter has been referred to the Law Commission of India to study the use of the provision of this section and hold consultations and suggest amendments, if any, to the provision.
“An advisory has also been issued to the state governments to prevent the misuse of the said section,” he added.

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Employers cannot be forced to take back convicts: HC

Posted by iluvshrutiverma on December 1, 2009

Various law enforcement (a.k.a police) and criminal trial authorities (a.k.a. courts) need some serious training as to what different sections of I.P.C. mean.

In the below case, the whole trial happened under both IPC 302 and 306.

302 is punishment for murder. 306 is abetment to suicide. Isn’t it common sense that the death was either a murder or a suicide? How can it be both?

(For my blog readers who have advanced knowledge of law: Even if it was suicide that is assumed to be dowry death, then also section 304 (b) should apply and not 302.)

My country is great. A person was in custody for 5 years and absolutely no one (police, court, lawyer) objected to the mis-founded justice.

http://www.dnaindia.com/mumbai/report_employers-cannot-be-forced-to-take-back-convicts-hc_1318652

Mumbai: Employers cannot be forced to retain an employee convicted for a serious offence, ruled the Bombay high court.

In a judgment last week, justice Dr DY Chandrachud set aside two judgments of a labour and industrial court, which early this year had directed Tata Power Limited to reinstate an employee and also pay him back wages since 1998.
The court also ruled that holding of departmental inquiry is not compulsory if the employee stands convicted for a criminal offence.
“Once there is a conviction by a court of law and conviction is of criminal offence involving moral turpitude, the charge of misconduct stands established. In a case, where a workman had been convicted by a court of competent jurisdiction, the holding of departmental inquiry would be entirely superfluous,” observed justice Chandrachud.
The court was hearing an appeal filed by Tata Power Ltd. The power giants had moved high court, challenging the orders of labour as well as industrial courts, which had directed them to reinstate one KT Mane and also to pay him back wages since 1998.
Mane, according to the 14-page judgment, was convicted under section 498A and 306 by a session court in December, 1997. Mane was also arrested under section 302 after his wife died due to burn injuries in December 1993. The session court, however, acquitted him of murder charges, but convicted him for five years imprisonment for the other two charges. He was released from prison in February 1998, as he was in custody since his arrest in December 1993.
The company had then refused him to reinstate on the same post and had also issued him a show-cause notice. Mane then moved labour court that ruled in his favour. Even the industrial court had judged in favour of Mane.
The judgment further says: “Both the labour court and the industrial court failed to appreciate the correct legal position and manifestly erred in holding that the action of the employer of dismissing the workman had to be set aside for want of a departmental inquiry.”
Observing that the workman failed to discharge his moral duties, justice Chandrachud also set aside the lower court’s order of paying back wages to the workman.
The court has also granted liberty to Tata Power to withdraw Rs1.71 lakh deposited with the labour court.

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Harassed husbands take out ‘victory’ rally

Posted by iluvshrutiverma on November 24, 2009

Harassed husbands take out ‘victory’ rally after govt relief

http://www.ahmedabadmirror.com/index.aspx?page=article&sectid=3&contentid=20091124200911240232147846845a6b&sectxslt

 

 

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The harassed husbands association took out a victory procession in the city on Monday following the central government’s directive to states not to make immediate arrests in dowry cases.

The Akhil Bharatiya Patni Athyachar Virodhi Sangh took out their ‘vijay yatra’ around 2 pm from Manav Mandir to Gandhiji’s statue at Income Tax. The Ministry of Home Affairs (MHA) has asked state governments to issue directives to the police not to arrest the husband and his relatives without proper investigations in anti-dowry cases.

The harassed husbands association president Dashrath Devda said, “Since the implementation of Section 498A of IPC across the country in 1984, it has been often misused by women for petty ends and to send their husbands and family members behind bars on false grounds.”

Outside court, the man and his family members are made to shell out a lot of money as part of the settlement, Devda said. “Our Sangh organised a lot of protests objecting to the gross misuse of Section 498A. Recently, the apex court said the section was misused. The court directive to the government that only after proper investigation should a man be arrested in anti-dowry cases is a blessing for harassed men,” he said.

“At present we have 48,000 cases of husbands being harassed by women. And every month we get around 250 such cases. Our organisation tries to help and save husbands harassed by their wives,” he said.


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