Balm for men

ASK someone about the problems of women, and a list would emerge that would never seem to end. Ask about men’s problems, and you see only blank faces. Does that mean that men do not have any problem? Or is it that there is no awareness amongst the general public? Or is it just that men are simply taken for granted? If Uma Challa had her way, she would strive to bring in changes.

The All-India Men’s Welfare Association wants laws to be enacted to protect men from harassment

http://www.tribuneindia.com/2010/20100523/spectrum/main4.htm

Self-immolation bid ‘to teach in-laws a lesson’ backfires

http://mid-day.com/news/2009/dec/071209-attempted-suicide-woman-booked.htm

Cops book woman for attempting suicide after they find no harassment
A woman who set herself ablaze after a quarrel with her in-laws has been booked for attempting suicide, as the police believe she did it only to get her way by dangling the sword of the domestic violence law over her husband’s parents.

Mary Sunitha (35), who was admitted to the Victoria hospital burns ward, told the police that she had set herself on fire because she was unable to bear the harassment she was subjected to by her in-laws.

At first the police thought it was another case of dowry harassment, but investigations by Assistant Sub Inspector Shanth Rajaiah made them change their opinion. Now Sunitha can be sentenced to a year’s imprisonment by the court for attempting suicide.

Denied expenses

The police said Sunitha used to spend most of her time outside the home, which had irked her in-laws. They said though Sunitha and her husband, Stephen Raj, worked with a private firm and earned well, she would give her in-laws not more than Rs 300 per month for their expenses.

The police said one day Sunitha’s father-in-law had had enough and decided to talk to her. He objected to her attitude towards the home and scolded her for spending her time outside.

Playing with fire

The police said Sunitha decided to “teach her in-laws a lesson” by attempting suicide as that meant they could be booked for domestic violence. The relevant law holds the in-laws responsible for pushing their son’s wife towards suicide in case they have subjected her to mental or physical harassment.

Sunitha doused herself with kerosene and set herself ablaze. Stephen Raj, with the help of neighbours, rushed her to a private hospital and later shifted her to Victoria, where she is said to be out of danger.

Assistant Sub Inspector Rajaiah of the Gangammana Gudi police station investigated the case, in the course of which he also recorded Sunitha’s statement, and concluded that taking the extreme step was unwarranted in the circumstances. The officer found Sunitha’s actions directed only towards putting members of the family in trouble.

After consulting his seniors, Rajaiah booked her for attempted suicide.

False cases on rise

A senior judicial officer, who did not want to be named, said of late a majority of dowry harassment and domestic violence cases were turning out to be abuse of the law by women who were using it as a tool to blackmail husbands or in-laws. “A rough estimate is that over 80 per cent of such cases are fake and result in acquittal of those accused of domestic violence,” said the judicial officer.

In the law book Attempt to suicide is treated in Sec 309 of IPC
Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for term which may extend to one year (or with fine, or with both).

States told to prevent harassment of husbands

Thursday, 03 December 2009 18:30

http://pib.nic.in/release/release.asp?relid=55062

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.

Section 498A: Extortion tool provided by law

http://www.punjabnewsline.com/content/view/20662/140/

Section 498A: Harassment & Extortion tool provided by law

Torture and police brutality are endemic in India.

-Supreme Court Lawyer And Architect Of The Indian DV Act, Indira Jaising, In A London Court, 1999

Indian law is being misused in several ways. Not only men but women are no exception of this. Section 498A is one of the legal tool available for Indian women to harass their husbands.

This is used to file case against husband and other in laws for demanding dowry. But it is being misused by most of the wives of Indian society. 498A is the perfect tool for extortion and/or to wreak vengeance on husbands and their families.

There are two types of Indian citizens, the privileged and the ordinary. The privileged will never think about law, as the laws don’t apply to them. They have no fear of law. The Arjun Singh 498A case is a prime example. Though an accused in a criminal case, he is still a Union Minister whereas thousands of govt. employees have lost their jobs.

The gravity of seriousness of this charge is evident from the fact that if a person man or woman has a daughter in law, he/she can be jailed under section 498A of IPC, even if she lived for a few days with them or even never lived.

498A is considered as a prudent means of extortion. The other characteristics of this extortion racket are:

• This law encourages corruption and enables govt. agencies like the police to violate Fundamental Rights of the 498A victim.

• It plays a role in gender based vote bank politics.

• It denies justice to the real victims of dowry harassment.

• This is exposing the lower judiciary to corruption.

• Finally, this is a gamble. In the end this trick may fail if the falsely accused husband choose to fight back.

Motives :- Following are the possible motives of women who use 498A :-

• Money: Wife can demand a huge money from his husband who has been jailed along with his parents.

• Revenge: She can use it as a tool to take revenge if her husband etc. did not fulfill her unreasonable demands.

• Guilt: She has done something wrong. For example she may have committed adultery and got caught in the act. She can cover it up with a dowry harassment case. She can gain sympathy by this and also custody of kids, if kids are involved.

• She Is Just Not Into You: She just doesn’t like her husband and wants to get out of the marriage. The 498A is a convenient tool to do so with lots of harassment for husband.

• She Is A Control Freak: She wants to control her husband and in laws in every possible way. She may also want to not support husband’s parents and siblings in any fashion regardless of  his ability to do so. She may want her husband to throw his parents out of their house. Her goal is to gain control of all aspects of her husband life, including finances and to break the bonds and responsibilities that tie her husband to his family. If she could not succeed in this she will use 498A.

To Marry The Boyfriend: If she is having affair, she will file a case under 498A to demand cash and then she will go to marry her boyfriend. They will use this cash to set up their family.

Now question arises if 498A has provided vast powers to wife, what counter charge can be made against her and her family?

The answer is, cases can be filed under I.P.C. for fabricating false evidence (Section 192), dishonestly making false claim in the court (Section 209), false charge of offence made with the intent to injure (Section 211), forgery (Section 463) etc. These counter cases will keep that party in distress and proceedings in these cases can be used to support main case of 498A.

But the mental torture and distress suffered by husband and his family members can’t be compensated at all.

Rakesh Singh

Address:-Canara Bank

Opposite Dhanipur

Mandi

Aligarh

05712760181

9760416795

rs_bly2005@ymail.com

 

No Arrest in dowry harassment matters!

http://epaper.hindustandainik.com/artMailDisp.aspx?article=17_10_2009_013_006&typ=1&Archtype=&pub=324

• No arrest in matters where the maximum punishment is less than 7 years

• Law commission gave report to home minister

• No need to review the provisions of stay

The path is clear for implementation of Cr.P.C. amendments that have mandated no arrest of the accused in cases leading to less than 7 years of imprisonment. Law commission, along with tightening the grip on police officials, has recommended the continual of recent amendements. The commission said it is un-necessary to ponder on the other section – 309. Staying the proceedings or not is a matter of court’s jurisprudence.

Under the new provisions 41-A, the police will not arrest the accused for crimes that are punishable with less than 7 years. In stead, the police can issue a notice ‘informing’ them that they should appear at the police station for investigations.

The commission said that the word ‘may’ should be changed to ‘will’ in the provisions. This implies that sending the notice to the accused should be made mandatory. Commission said this is to ensure that police officials do not benefit the accused under any political pressure or by unfair dealings. The commission also said that if the addressee of the notice hides own identity, then this can be a basis for arrest.

In the report, chief of the commission Justice A R Laxman clarified that the decision not to arrest the accused is equivalent to judicial directives. If a police official mis-uses powers, then he would be liable for contempt of court in addition to the departmental disciplinary action.

AMENDED SECTION 41-A: police will not arrest person accused with offenses punishable with less than 7 years. In stead, a notice will be issued to them. Only on a failure to follow notice can an arrest happen with the orders of a magistrate. Crimes like eve teasing, attempt to loot, and dowry torture will come out of the ambit of arrest. Till now, an arrest used to happen immediately after the registration of F.I.R. because offenses with more than 3 years punishment were cognizable.

Intention: stopping arrest in un-necessary and false cases. Also to reduce the crowd in jails

Opposition: Criminals will lose the fear of law

AMENDED SECTION 309: not to stay the case in the absence of lawyer

Intention: To reduce the burden of cases and controlling the tendency to delay proceedings for a long time

Opposition: lawyers said, this is against the natural principles of law. Accused will suffer because of this.

Dahej Pratadna Mamlon mein Giraftari Nahi

2-months old arrested for dowry

57 days old child was arrested for taking dowry. This can happen only in India

2-months old arrested for dowry

Delhi, UP reports highest number of sexual harassment cases

60 cases of sexual harassment cases in 3 years make news headlines, but no one is bothered about 1,15,645 women who were arrested under IPC 498A without any investigation.

According to National Crime Record Bureau(NCRB): In year 2006 alone; 31,253 women were arrested under Section 498a (http://ncrb.nic.in/cii2006/cii-2006/Table%2012.2.pdf.

In India, anything that happens to young and attractive women is news; and anything that happens to old mothers is a joke?

Mon, Oct 20 02:01 PM
New Delhi, Oct 20 (PTI) Delhi has joined Uttar Pradesh in reporting
the largest number of cases of women being sexual harassed at work
places. The National Commission for Women (NCW) has 60 cases of sexual
harassment at work places in the capital over the last three years,
while Uttar Pradesh has registered 77 such cases, the Lok Sabha was
informed today.

Thirty-six cases of sexual harassment at work places were registered
by the NCW in Rajasthan, 21 in Haryana and 20 each in Madhya Pradesh
and Maharashtra, Women and Child Development Minister Renuka Chowdhary
said in a written reply. The cases were registered over a period of
three years from 2006-08.

No cases were registered in smaller states like Puducherry, Daman and
Diu, Dadra and Nagar Haveli and only one in Chhattisgarh and Goa. The
state of Jammu and Kashmir also registered no such cases.

Chowdhary said the Government was planning to introduce a bill titled
“Sexual Harassment of Women at Workplace, 2006”, drafted by the NCW.
“The bill was being introduced after a wide range of consultations, ”
she added. PTI.
http://in.news. yahoo.com/ 20/20081020/ 1416/tnl- delhi-up- reports-
highest-number- of-s.html