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Posts Tagged ‘law’

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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It’s a man’s world

Posted by iluvshrutiverma on February 23, 2010

Time and again, I have heard that it is a man’s world.

A man is murdered every 19 minutes as opposed to a woman every 66 minutes. The number of men committing suicide is twice the number of women committing suicide. At home, men are twice as likely to be driven to commit suicide as compared to women. Outside home, men are getting murdered three times as compared to women.

82% of the taxes collected by the Government are contributed by men and Rupees 11,400 Crore is spent annually on women’s welfare. Not even a single rupee has been spent on men’s welfare in the last 60 years the country has been independent. There is a ministry for women and a ministry for children. There are protection laws for almost everyone and everything – including women, soil, animals, fisheries, forest etc. The only entity inconspicuously missing from the large list is men.

Talking about protection, even the domestic violence laws of the nation are gender biased. Only a woman can seek relief from the court under the recently enacted domestic violence act.

On the complaint of women, even 2 month babies have been arrested by the police for causing extreme mental harassment to women.

In the court of law, men are presumed to be guilty unless proven innocent. And given the abysmally slow pace of legal proceedings, it takes decades before a man can prove his innocence.

Adultery is a crime for men while women can legally do it. What is more interesting is the fact that women can now claim alimony from their illicit partner as well. By the way, unlike countries like USA where alimony is only for long lasting marriages and for a specific period of time, in India women are entitled to life-long alimony payments even if the marriage lasted 1 day.

Indian courts, including the Supreme Court of India, routinely forgive women for contempt of court and perjury because of their gender.

Any un-natural death of a woman within 7 years of marriage sends her husband to jail automatically. The most common cause of an un-natural death is suicide; and we already discussed that men are twice as likely to commit suicide as compared to women.

1.12 males are born to every female. The ratio declines to 1.10 by the age of 15; to 1.06 in the age group 15 – 64; and 0.90 for the age group 65 and above. This seems to imply that girls are either genetically superior to boys OR they are protected and men are made to do all the hazardous tasks.

As a matter of fact, worldwide women live on an average 5 – 7 years longer as compared to men. Still, the importance given to women’s health is many times more as compared to men’s health.

Talking about women’s issue is in vogue but people ridicule when a person talks about men’s issues. Hence there are hardly any opinion articles written about men. I personally spoke to an editor of a well known Indian national newspaper and he said “I agree with you in principle but I will not be able to publish any of your views. They are anti-women and the women will sit outside my home on a hunger strike”.

So, people are scared of women, and perhaps because of valid reasons. Last year, women activists forced their way into a High Court and broke the wooden chair on which the judge used to sit because he delivered a judgment in the favor of a husband in a matrimonial dispute.

Talking about the courts, a few months back a Supreme Court judge, while deciding on a matrimonial dispute, clearly told the man “Do as your wife tells you. If she says look this side then you look this side. If she says look that side then look that side. We all have suffered”.

The president of India is a woman and the most powerful politician in the country is also a woman. And still they say it is a man’s world!

http://wp.me/plC3a-bY

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SKorea scraps decades-old sex law targeting men

Posted by iluvshrutiverma on November 26, 2009

http://timesofindia.indiatimes.com/world/rest-of-world/SKorea-scraps-decades-old-sex-law-targeting-men/articleshow/5271779.cms

SEOUL: South Korea’s Constitutional Court struck down a decades-old law Thursday that had punished men for making false promises of marriage to engage in sexual relations with women.
The nine-member court ruled in a 6-3 verdict that the law infringed upon women’s dignity and privacy and didn’t reflect the current social trend on sex and individualism.

The ruling said the law treated women like “infants,” and went against the government’s “constitutional obligation to aim for the equality of men and women.”

Despite the ruling, South Korea remains deeply conservative and is still influenced by a Confucian heritage after decades of Western influence. Last year, the Constitutional Court upheld a law against adultery, rejecting complaints the law is outdated and constitutes an invasion of privacy. Those convicted under the anti-adultery law face prison sentences of up to two years.

The law tossed out Thursday had punished South Korean men who deceived their girlfriends into having sex with up to a two-year prison term and a fine of more than $4,000. Enacted in 1953, the law only held men liable for false promises of marriage.

“The government should refrain from interfering in men’s sexual activities of tempting women in an unharmful manner,” the verdict said.

Korean Womenlink, a major women’s rights group in Seoul, said it welcomed the court’s verdict.

“It had not been a law that protected women’s human rights but a law that protected women’s chastity,” Korean Womenlink said in a statement.

The court acted on petitions filed by two South Korean men who were convicted of violating the law in recent years.

Court spokesman Noh Hee-bum said the verdict means that the law was immediately abolished and all South Korean men penalized under the law could be acquitted of earlier convictions and receive state compensation if they file for a retrial.

The number of South Korean men indicted under the law had been gradually decreasing, with 42 indicted in 2006 compared with 269 in 1981, according to a court release.

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Mumbai…on the road

Posted by iluvshrutiverma on November 21, 2009

On International Men’s day, mumbai came on the road handcuffed in order to protest against the gender biased laws – to demand a men’s welfare ministry and to request society to treat them as humans and not animals.

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एक ऐसी बारात, दुल्हे के हाथ में हथकड़ी

Posted by iluvshrutiverma on November 21, 2009

In Lucknow, there was a marriage procession, where all men were dressed as groom with handcuffs….. and many women who were accompanying them were also handcuffed. India is great !

http://in.jagran.yahoo.com/epaper/index.php?location=37&edition=2009-11-20&pageno=6

लखनऊ, 19
नवम्बर, (जागरण संवाददाता) : शहर में आज एक ऐसी बारात निकली जिसमें पकड़ी व सेहरा बांधे अधिकांश दुल्हे थे और उनकी हाथों में लगी थी हथकड़ी। साथ में
महिलाएं भी थीं। इनमें से भी कुछ के हाथ में हथकड़ी थी।
चौकिये नहीं! महिलाओं द्वारा कानूनी प्राविधानों का किये जा रहे दुरुपयोग
की बढ़ती संख्या के प्रति सरकार का ध्यान आकर्षित करने के लिए पति-परिवार
कल्याण समिति के बैनर तले निकली अनोखी बारात का यह दृश्य था। कलेक्ट्रेट से निकली यह बारात परिवारिक न्यायालय होते हुए विधान भवन धरना स्थल पर
पहुंचा। इस मौके पर पति-परिवार कल्याण समिति ने पुरूष आयोग, पुरूष विकास
मंत्रालय तथा पुरूषों की सुरक्षा व न्याय प्राप्ति के लिए कोई कानून बनाने
की मांग की। समिति के सचिव बृजेश अवस्थी का कहना है कि महिलाओं के लिए
बनाये गये कई कानून ऐसे हैं, जो पूर्णतया एकतरफा हैं। उन्होंने कहा कि
नेशनल क्राइम ब्यूरो के आंकड़े पर नजर डालें तो प्रत्येक वर्ष विवाहित
महिलाओं की तुलना में पुरुषों की अप्राकृतिक मृत्यु दोगुने से भी ज्यादा
हुई है।

 

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Section 498A: Extortion tool provided by law

Posted by iluvshrutiverma on November 9, 2009

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

 

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Women can never lie

Posted by iluvshrutiverma on November 4, 2009

Indian women are great. Only Indian men are bad. Here The Honorable Supreme Court is saying that a woman’s saying is itself an evidence enough to punish a man. India is great.

http://www.expressindia.com/news/fullstory.php?newsid=67832

Courts can convict a rape accused on the basis of the sole evidence given by a victim unless her testimony is proved to be infirm and not trustworthy, the Supreme Court has ruled.

“If the totality of circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence,” a bench of Justice Arijit Pasayat and Justice S H Kapadia said.

“It is a settled law that the victim of sexual assault is not treated as accomplice and as such, her evidence does not require corroboration from any other evidence including the evidence of a doctor. In a given case even if the doctor who examined the victim does not find sign of rape, it is no ground to disbelieve the sole testimony of the prosecutrix,” it said.

The court took into account the fact that “the Indian women have tendency to conceal such offence because it involves her prestige as well as prestige of her family. Only in few cases, the victim girl or the family members have the courage to go before the police station and lodge a case.”

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Cruel marriage law being misused, so don’t rush to arrest: Centre to states

Posted by iluvshrutiverma on November 3, 2009


New Delhi: For years, there has been loud debate and even orders from courts to do away with or, at least, amend Section 498 A of the Indian Penal Code (IPC), which deals with the offence of matrimonial cruelty. This clause is considered to be rampantly abused, with several examples of husbands and their families being arrested without a preliminary inquiry on allegations of harassing their wives for a range of reasons, including dowry.
Now the Ministry of Home Affairs has written to all state governments, advising them that arrest for an alleged offence under Section 498A should be the “last resort,” not the first step.

In a communication sent to the Chief Secretaries and DGPs of all states and the Administrations of the Union Territories on October 13, the MHA has cited misuse of the clause.

“In some cases, every member of the husband’s family has been arrested, irrespective of whether they had a role in inflicting cruelty on the married woman or not. In some cases, the provisions have been used to settle personal scores. Cases have been reported where momentary anger has resulted in invocation of Section 498A, which resulted in the arrest of the members of the family shutting down any possibility of reconciliation in future and total collapse of the marriage. Even where there is a divorce proceeding, the case under Section 498A continues to persist because of the offence being non-compoundable,” the letter says.

Section 498A, incorporated in the IPC in 1983, provides for adequate punishment for any cruelty inflicted on a married woman by her husband and his relatives. The maximum punishment under the Section is three years and/or fine.

The MHA letter, incidentally, says that in light of judicial pronouncements, an attempt was made earlier to find a via media by amending Section 498A to make the offence compoundable. “However, this could not be pursued because of the opposition from women organisations,” the letter says.

Incidentally, in its judgment in Savitri Devi vs Ramesh Chand and others in 2002, the Delhi High Court observed: “…the misuse of the provisions of Section 498A…is hitting at the very foundation of marriage itself and has proved to be not so good for the health of the society at large.”

This was echoed by the Supreme Court in Sushil Kumar Sharma versus Union of India and Others. “The object of Section 498A is to prevent dowry menace. But…many instances have come to light where the complaints are not bonafide and…filed with oblique motive. It may become necessary for the legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with.”

In 2003, the Justice Malimath Committee, submitted a report to the MHA on reforms in the Criminal Justice System, recommended that the Section be made bailable and compoundable to give a chance to the spouses to come together.

 

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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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