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Posts Tagged ‘misuse’

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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धारा 498-अ के मिसयूस पर सरकार गंभीर

Posted by iluvshrutiverma on December 9, 2009

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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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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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Helpline for victims of Dowry Act misuse

Posted by iluvshrutiverma on October 13, 2009

http://www.tribuneindia.com/2009/20091012/punjab.htm#8
A group of activists, claiming to be victims of the misuse of the Dowry Act have started a helpline to assist other victims against what they call ‘‘legal terrorism”.

There has been a debate and arguments against the misuse or overuse of the Dowry Act in the recent past, but now this group has come out on the streets and launched a campaign seeking amendments in the Act that was being ‘‘misused to terrorise innocent husbands, their mothers, sisters and even children.’’

The activists of the Swatantra Aawaaz Welfare organisation under their campaign-Adhoora Sach Jaano (know the true side also) have got together and launched a massive programme to help the victims of misuse of Dowry.

Available on 24-hour helpline-96463-89140 and 93169-29321, the activists have already started helping the victims of the Dowry Act, who never demanded dowry but were implicated, as their marriages could not be a success. ‘‘As many as 1.25 lakh women of all ages (from elderly to teenagers) were put behind bars after couples could not strike chords. What was their fault? We are aiming to help all similar victims come out of this crisis. They suffer without any of their fault as they are also booked by the women who want to teach a lesson to their in-laws family, ’’ said Gaurav Saini, a Mohali-based activist.

Stating that already 1 lakh youths from all over India, including activists of 50 NGOs and 40 chapters of the Save Indian Family Foundation have got together, Gaurav said they were campaigning massively and demanding that the Section 489-A should be made bailable and a non-cognisable offense. Besides, they also demanded that the Domestic Violence Act too should be made gender-neutral.

He said they were counselling many victims, who were suffering from mental ailments after their sisters, mothers and other female relatives were made to remain in jail amidst criminals.

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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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