Saturday, July 31, 2010

Lawyers can complain if forced by Bar to withdraw from case

Lawyers can complain if forced by Bar to withdraw from case

Friday, July 30, 2010, 22:02

New Delhi: The Supreme Court today said that complaints can be lodged to District Judges and Chief Justices of High Courts against the members of the Bar for forcing lawyers to withdraw themselves from defending the accused in terror cases.
The apex court termed as a "law and order" problem the practise of compelling the lawyers to dissociate themselves from any cases including the terror-related cases by coercion and inducement.

"This is a law and order problem. You can go for redressal to District Judge who will forward your complaint to the Chief Justice of a particular High Court for appropriate action," a Bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar said.
The Bench was hearing a PIL filed in 2008 alleging that State Bar Associations and other lawyers' bodies in Uttar Pradesh, Madhya Pradesh, Rajasthan and Maharashtra have passed resolutions that members of the bar would not defend the accused in terror cases, particularly those involved in serial blasts cases of 2006.

The Bench said the apex court cannot control the members of the Bar in such type of situation and the best recourse available was to approach the District Judge through a letter bringing to his/her notice about such incidents.
"You can write to the Chief Justice of the High Court and also the District Judge on the administrative side for taking actions," the Bench said.
The Bar Council of India, which was asked to come out with guidelines to stop such incidents, submitted its proposed steps saying that the Chairman of the State Bar Council can ask the advocates to desist from such action on receiving a such complaint.
Further, in case the concerned advocate/advocates or any Bar Association does not cease and desist from action, then the issue would be referred to the Disciplinary Committee of the respective state Bar association.
The state Bar council will have to forward the complaints to the BCI.
Taking the proposed steps of BCI on record, the Bench disposed of the petition.
-PTI

http://www.zeenews.com/news644707.html

Anticipatory bail provision back in UP after 34 years

Anticipatory bail provision back in UP after 34 years

The UP Government on Friday approved reintroduction of the provision of anticipatory bail, a legal measure abolished 34 years ago. The decision was taken at a Cabinet meeting chaired by CM Mayawati. taken at a Cabinet meeting chaired by CM Mayawati. The anticipatory bail system would be reintroduced in Uttar Pradesh after almost three decades with some conditions. The State Cabinet, which met on Friday, finalised the Bill bringing amendment in the Criminal Procedural Code, thus facilitating implementation of the clause of anticipatory bail.

A UP Government spokesman said Section 438 of the CrPC would be amended through a legislation in the forthcoming Monsoon Session of the Legislature. Section 438 of the Criminal Procedural Code (Uttar Pradesh Amendment) Act, 1976, was amended in 1976 by the then State Government, abolishing the anticipatory bail system in the State.

"The decision to re-introduce anticipatory bail was taken following recommendation of a high-level committee," the spokesman said.

The committee, headed by State Advisory Council Chairman Satish Chandra Mishra, had given its recommendation to revive the system. The UP Advocate General, Principal Secretary (Home), Principal Secretary (Law), Principal Secretary (Parliamentary Affairs) and DGP were other members of this committee. The reprieve has, however, come with a rider. The anticipatory bail system would be applicable on only those cases where the maximum punishment is not more than 10 years imprisonment.

In another decision, the Cabinet has authorised Principal Secretary (Planning) to sign a memorandum of understanding with the Unique Identification Authority of India.

This decision would pave the way for early implementation of the UID number project in the Uttar Pradesh.

http://epaper.dailypioneer.com/ThePioneer/Pioneer/2010/07/31/ArticleHtmls/31_07_2010_001_082.shtml

 

 

LUCKNOW: Uttar Pradesh government on Friday approved reintroduction of the provision of anticipatory bail as provided in Indian Penal Code (IPC), a legal measure which was abolished 34 years ago.
A decision in this regard was taken at a cabinet meeting chaired by chief minister Mayawati.
However, the provision would not be applicable in murder, abduction cases and cases of SC/ST (Atrocities Prevention) Act, official sources said.
The home department had on May 4 constitued a committee, with chairman state advisory board, advocate general, principal secretaries home, law and parliamentary affairs as it members, which recommended implementation of provisions of anticipatory bail in the state, they said.
The provisons of anticipatory bail under Section 438 of Crpc was abolished in Uttar Pradesh by IPC (UP amendment) Act 1976, they added.

 

http://timesofindia.indiatimes.com/india/Anticipatory-bail-provision-back-in-UP-after-34-years/articleshow/6237783.cms

 

Exactly 34 years after it was scrapped, the provision for anticipatory bail is being reintroduced by the state government in Uttar Pradesh. A decision to that effect was taken at a meeting of the state cabinet presided over by Chief Minister Mayawati on Friday. "The cabinet has decided to seek an

amendment in Section 438 of the Criminal Procedure Code, whereby the provision for anticipatory bail that was repealed way back in 1976, was sought to be restored," an official spokesman said on Friday.

This follows a recommendation given by a high level committee under the chairmanship of Uttar Pradesh Advisory Council chairman Satish Chandra Misra. Among others on the committee were the advocate general, principal secretary (law), principal secretary (home), principal secretary (legislation) and director general of police.

The committee recommended for reintroduction of anticipatory bail, albeit with certain riders. "As such, it would not apply in case of all special laws like the gangsters act or various anti terrorist laws," the spokesman added.

http://www.hindustantimes.com/Uttar-Pradesh-seeks-amendment-to-reintroduce-anticipatory-bail/Article1-580063.aspx

Not everybody in a joint family can claim its property: Supreme court

Not everybody in a joint family can claim its property: Supreme court

saturday 31 july 2010

When members of a joint family live on a property, it does not mean they co-own it, the Supreme Court has ruled.

Anybody who says the property is a joint family estate must also prove it, the court said in a ruling that distinguishes between joint estate and joint family.

The onus of proving that a particular property is joint family property lies on the person who claims it to be so, the court said, while allowing a landlord’s appeal to get his defaulting tenant evicted. The landlord had gone to the high court which said that the property was a joint family estate and that the landlord wasn’t its owner.

The latest ruling, handed down by a bench of justices Dalveer Bhandari and KS Radhakrishnan on Friday, however, said if the possession of a nucleus of joint family property is proved, any acquisition made by its member is presumed to be joint family property.

This is, however, subject to the limitation that joint family property must be such as with its aid the property in question could have been acquired. It is only after the possession of an adequate nucleus is shown that the onus shifts on the person who claims the property as self-acquisition to establish that the property was acquired without any aid from the family estate.

Two brothers whose families living togetherin Jabalpur, Madhya Pradesh — Sameer Kumar Pal and Subhash Chandra Pal —had sought eviction of their tenant Sheikh Akbar.

Akbar wouldn’t vacate the premises for which he had paid rent since 1991. The brothers, who own Madras Hotel in the city and had let out a shop to Akbar at New Corporation Chowk, Wright Town, Jabalpur, had filed a lawsuit under various sections of the Madhya Pradesh Accommodation Control Act, 1961.

The trial court ordered Akbar’s eviction, but the Madhya Pradesh high court (Jabalpur bench) reversed the finding.

Without any pleadings or basis, it held that Madras Hotel is a joint family property. It “erroneously” held that the property was purchased by the landlords’ father and his brothers, though the truth was the brothers had purchased it on December 31, 1991. “A wrong assumption led to a totally erroneous finding and conclusion. The high court weaved out an entirely new case,” the apex court observed.

It also referred to a 1948 Privy Council judgment delivered by Sir John Beaumont defining Hindu law. Proof of the existence of a joint family should not lead anyone to presume that all its members own the property, he had said.

http://www.dnaindia.com/india/report_not-everybody-in-a-joint-family-can-claim-its-property-supreme-court_1416776

Friday, July 30, 2010

Indian Institute of Banking and Finance (IIBF) is beyond RTI ambit: Delhi HC

Indian Institute of Banking and Finance (IIBF) is beyond RTI ambit: Delhi HC

New Delhi: The Delhi High Court today said an organisation cannot be forced to disclose information under the RTI Act just because it is substantially financed by PSUs and held that the Indian Institute of Banking and Finance (IIBF) is not a public authority.
IIBF is a professional body of banks, managed by a board comprising members from PSU banks, with its membership of over 700 banks and financial institutions as its institutional members.

The court said an organisation should be funded by the appropriate government in order to make it liable to public scrutiny under the transparency law.
The court passed the order while setting aside the order of Central Information Commission of declaring Indian Institute of Banking and Finance(IIBF) a public authority.

"It is possible that the member banks, for instance, the State Bank of India, is itself a public authority. However, substantial financing by the SBI would itself not make it a public authority. It would have to be shown that the appropriate government itself directly or indirectly finances or has financed it," justice S Muralidhar said.
The CIC, in its order, had justified declaring IIBF as a public body saying the executive bodies of the Institute are substantially manned by senior executives of public sector banks and the bulk of its finances also come directly or indirectly from those banks.
"The Institute, a non-governmental organisation, being substantially financed by public sector banks directly and indirectly, is nothing but a public authority," the CIC had said.
Setting aside the order, Justice Muralidhar said "this Court is not able to concur with the impugned order of the CIC dated February 9, 2010 which is hereby set aside".
-PTI

http://www.zeenews.com/news644497.html

Sexual harassment at workplace bill-gender neutrality demanded-NewsX discussion

 

1/2- Sexual harassment at workplace bill-gender neutrality demanded-NewsX 29072010

 

 

 

 

 

1/2- Sexual harassment at workplace bill-gender neutrality demanded-NewsX 29072010

 

 

 

Related news at

Hey! We need harassment protection too, we’re men

CITHARA PAUL

New Delhi, July 28: Disclosure on its mind, an umbrella group of male rights NGOs has demanded that the sexual harassment at workplace bill be rewritten and made gender-neutral to protect men from harassment.

The Save Indian Family Foundation claims the bill has been prepared on the flawed premise that “women never lie and all the men are born a criminal” at a time men are also becoming victims of sexual exploitation.

The argument has echoes of the 1994 Hollywood thriller in which Michael Douglas’s character sues a colleague, played by Demi Moore, over sexual harassment.

The bill, prepared by the women and child development ministry and in the pipeline for the past five years, is to be introduced in the current session of Parliament.

The male rights NGOs under the foundation want the bill discarded and a fresh gender-neutral draft prepared. They have alleged that the women and child ministry, now headed by the Congress’s Krishna Tirath, is “sexist” and should be taken out of the picture. The new blueprint should be jointly drafted by a group of ministries, the NGOs have said and even demanded a separate ministry for men’s welfare.

“The bill must be reviewed and amended immediately to make it gender-neutral. In its present form, it is a violation of Article 15 (of the Constitution), which prohibits discrimination on grounds of religion or sex,” said foundation general secretary Niladri Shekhar Das. He plans to write to the Prime Minister with the demands.

The main grouse of male rights activists who are part of the foundation is that women have been given “unnecessary legal powers” and that the bill is in its current form is “unacceptable for a sane and just society”.

The bill says offices must have committees on sexual harassment, with the majority of their members women, including the chief. But the activists want such committees to have equal number of men and women. Such panels already exist but were set up following a Supreme Court judgment over a decade ago. The bill seeks to put in place the legal framework for the committees’ formation and functioning.

Students, research scholars, patients and women in the unorganised sector have been brought within the ambit of the proposed law. These segments were not specifically listed in the apex court order.

The activists have objected to one of the pre-qualifications required for a person to be a member of the office sexual harassment panels: that he or she shall be committed to the cause of women. “How can a male expect justice when he is being judged by a bunch of feminists,” asked Bishnu Pradhan, who is part of the foundation.

According to Pradhan, the bill overlooks the fact that women can be perpetrators too, and absolves them from prosecution for committing the same offence that it seeks to prevent men from committing.

Men are increasingly becoming victims of sexual crimes by women and drafting laws based on hallucinated assumptions can lead to disastrous social consequences, the activists have contended.

They have criticised the women and child development ministry’s stance that “the overwhelming nature of sexual harassment is against women and that the harassment of men cannot be put on the same footing, character-wise or incidence-wise”. “Since the laws drafted by the women’s ministry will only lead to gender imbalances, it must be removed from the process,” another activist said.

http://www.telegraphindia.com/1100729/jsp/nation/story_12744214.jsp

Delhi High court stays lower court order on child custody

Delhi High court stays lower court order on child custody

2010-07-29 20:30:00

The Delhi High Court Thursday put a stay on a trial court's order allowing interim custody of two minor children to their father after the mother alleged it was being forced on the children.

The direction came on a petition filed by Mandira (name changed), working as a director in the cabinet secretariat, against the lower court order alleging that the court passed the order despite the explicit unwillingness of the children to see their father.

The Mandira's children had earlier thrice recorded their statement in the court stating their disinclination to meet their father. Mandira married Sunil (name changed), an industrialist in 1996.

The couple have two children, aged 13 and 6, from their marriage. Mandira had filed a Domestic Violence Act case against her husband in May 2008. The court handed custody of the children to their mother, but allowed the father to see the children on Sundays for two hours. Later the court handed interim custody of the children to their father.

Prabhjit Jauhar, counsel for the petitioner, said: 'The court did not consider the wishes of the children and handed over custody to the father.' He cited that earlier an Additional District Judge had interviewed the children for the purpose of grant of visitation rights and the children showed their disinclination to meet their father.

'The judge noted that there is no finding that the children were either tutored or turned acrimonious by the mother. Three times the children have recorded their statement before a judge,' contended Jauhar.

Thereafter, Mandira moved the court alleging that her daughter has developed suicidal tendencies as she is unhappy meeting her father on visitation. She even placed a psychologist's report as record

 

http://sify.com/news/high-court-stays-lower-court-order-on-child-custody-news-national-kh3u4cbibgc.html

Delhi HC PWDVA - No Domestic relationship of Bahu if she, husband live separate from his parents

Delhi HC PWDVA - No Domestic relationship of Bahu if she, husband live separate from his parents

A woman cannot book her in-laws under the Domestic Violence Act if she, along with her husband, had stayed abroad at the time of matrimonial dispute, the Delhi High Court held.

"There can be no domestic relationship of the wife of the son with the parents when the parents are not living along with the son and there can be no domestic relationship of a wife with the parents of her husband when the son, along with the wife, is living abroad, maintaining a family there and children are born abroad...," said Justice Shiv Narayan Dhingra.

"In order to constitute a family and domestic relationship, it is necessary that the persons who constitute domestic relationship must be living together in the same house under one head. If they are living separately, then they are not a family but they are relatives related by blood or consanguinity to each other...," said Justice Dhingra in a judgement.

"Once a son grows up and he starts earning, marries, makes his separate home and sires (fathers) children, the burden of his wife cannot be put on to the shoulders of his father or brother on an estrangement between husband and wife...." the court said.

The Court also pulled up a family court judge for directing the in-laws, who stay in India, to pay jointly Rs 50,000 towards the monthly maintenance to their daughter-in -law, Payal Malik.

"I am surprised that the court below did not give weight to the judgment of New Jersy, USA, court where parties lived for seven and half years but assumed jurisdiction under the Domestic Violence(DV) Act because of the pure temporary residence of the wife in Delhi who is otherwise a resident of Hissar...," said the court and set aside the lower court's July 27, 2009, order to pay maintenance to the woman.

The Court's ruling came on an appeal filed by Harbans Lal Malik, father-in-law, Neelam (mother-in-law) and Varun Malik, brother-in-law besides Nagesh Malik, the husband, challenging the lower court's order.

http://www.indianexpress.com/news/woman-cant-book-inlaws-if-she-hubby-stayed-abroad/653484/0

 

 

Thursday, July 29, 2010

Plea on dowry cases referred to division bench

Plea on dowry cases referred to division bench

Last Updated : 28 Jul 2010 08:45:15 AM IST

HYDERABAD: Justice PV Sanjay Kumar of the AP High Court on Tuesday referred to a division bench a writ petition seeking directions to the state and central governments to frame guidelines for investigation of cases under the Dowry Prohibition Act and Section 498 A of the IPC.

The judge was dealing with a petition filed by G Srinivas, a software engineer, who complained that his wife, Sree Lakshmi, had lodged a false complaint with the Miyapur police misusing the above provisions. Acting on the complaint, the police had unjustly arrested him and a former advisor to the chief minister, G Bhasker Rao. The petitioner submitted that in view of the growing abuse of the said law, the authorities and the Law Commission be directed to lay down guidelines for investigating officers in such cases.

 

http://expressbuzz.com/cities/hyderabad/plea-on-dowry-cases-referred-to-division-bench/193527.html

Hey! We need harassment protection too, we’re men

Hey! We need harassment protection too, we’re men

CITHARA PAUL

New Delhi, July 28: Disclosure on its mind, an umbrella group of male rights NGOs has demanded that the sexual harassment at workplace bill be rewritten and made gender-neutral to protect men from harassment.

The Save Indian Family Foundation claims the bill has been prepared on the flawed premise that “women never lie and all the men are born a criminal” at a time men are also becoming victims of sexual exploitation.

The argument has echoes of the 1994 Hollywood thriller in which Michael Douglas’s character sues a colleague, played by Demi Moore, over sexual harassment.

The bill, prepared by the women and child development ministry and in the pipeline for the past five years, is to be introduced in the current session of Parliament.

The male rights NGOs under the foundation want the bill discarded and a fresh gender-neutral draft prepared. They have alleged that the women and child ministry, now headed by the Congress’s Krishna Tirath, is “sexist” and should be taken out of the picture. The new blueprint should be jointly drafted by a group of ministries, the NGOs have said and even demanded a separate ministry for men’s welfare.

“The bill must be reviewed and amended immediately to make it gender-neutral. In its present form, it is a violation of Article 15 (of the Constitution), which prohibits discrimination on grounds of religion or sex,” said foundation general secretary Niladri Shekhar Das. He plans to write to the Prime Minister with the demands.

The main grouse of male rights activists who are part of the foundation is that women have been given “unnecessary legal powers” and that the bill is in its current form is “unacceptable for a sane and just society”.

The bill says offices must have committees on sexual harassment, with the majority of their members women, including the chief. But the activists want such committees to have equal number of men and women. Such panels already exist but were set up following a Supreme Court judgment over a decade ago. The bill seeks to put in place the legal framework for the committees’ formation and functioning.

Students, research scholars, patients and women in the unorganised sector have been brought within the ambit of the proposed law. These segments were not specifically listed in the apex court order.

The activists have objected to one of the pre-qualifications required for a person to be a member of the office sexual harassment panels: that he or she shall be committed to the cause of women. “How can a male expect justice when he is being judged by a bunch of feminists,” asked Bishnu Pradhan, who is part of the foundation.

According to Pradhan, the bill overlooks the fact that women can be perpetrators too, and absolves them from prosecution for committing the same offence that it seeks to prevent men from committing.

Men are increasingly becoming victims of sexual crimes by women and drafting laws based on hallucinated assumptions can lead to disastrous social consequences, the activists have contended.

They have criticised the women and child development ministry’s stance that “the overwhelming nature of sexual harassment is against women and that the harassment of men cannot be put on the same footing, character-wise or incidence-wise”. “Since the laws drafted by the women’s ministry will only lead to gender imbalances, it must be removed from the process,” another activist said.

 

http://www.telegraphindia.com/1100729/jsp/nation/story_12744214.jsp

Wednesday, July 28, 2010

Rape convict who cleared IAS gets SC ‘relief’

Rape convict who cleared IAS gets SC ‘relief’

 

 

 

New Delhi Over a year after the Delhi High Court overturned the life sentence of rape convict Ashok Rai after he cleared the Civil Services exams from prison, the Supreme Court on Friday decided not to “interfere” and the Delhi Police promptly waived its right to file an appeal.

Rai, who was sentenced to a life term for raping his tuition student, had won HC’s confidence after he cracked the UPSC. A Division Bench led by Justice Pradeep Nandrajog had on February 9, 2009, said his performance in the Civil Services exam was a sure sign that he had “redeemed himself”. Rai was released immediately from prison. He had, at the time, undergone just five-and-a-half years of his life sentence. His 25-year-old student ended her life in April 2003, leaving behind a suicide note explaining her relationship with him.

Considering that he had not even completed the minimum imprisonment of seven years for rape, the decision was challenged by the National Commission for Women (NCW) in the Supreme Court, which admitted the plea and issued notices to the Delhi Police.

Today, a Bench of Justices HS Bedi and C K Prasad went against the norm to dismiss the NCW appeal, forgoing the fact that it was already admitted and the notices served.

The Bench reasoned that the NCW had no right or locus standi as a “third party” to move an appeal in a criminal case. The apex court, however, slammed the HC for reducing Rai’s sentence just because he became the IAS. The Delhi Police, represented by Additional Solicitor General Mohan Parasaran, declined to file an appeal against the HC verdict.

“What about the life of the girl? Should every man sitting for IAS be acquitted even if he violates the dignity of a woman?” NCW’s counsel Priya Hingorani asked the court.

 

http://www.expressindia.com/latest-news/rape-convict-who-cleared-ias-gets-sc-relief/650907/

“When State has not filed appeal, NCW can't challenge release of rape convict”

“When State has not filed appeal, NCW can't challenge release of rape convict”

Supreme Court dismisses plea against Delhi High Court verdict

The Supreme has declined to interfere with the Delhi High Court judgment which reduced the life sentence awarded to an accused for rape and murder to five-and-a-half year imprisonment, already undergone, as he cleared the civil services examination.

Acting on an appeal from the National Commission for Women challenging the February 9, 2009 judgment, the Supreme Court in April last issued notice to the Delhi government and Ashok Rai, who was convicted of raping his 21-year-old student, who committed suicide after the incident. The NCW opposed the reasons given by the High Court for reducing the sentence and setting him at liberty.

The High Court held that Ashok Rai redeemed himself in jail as was evidenced by his taking the civil service examinations and qualifying himself for being appointed to the IAS.

“We are of the opinion that the sentence already suffered by him would meet the ends of justice as a required punishment,” it said while upholding the rape charge.

The NCW said that when the minimum punishment itself was seven years for rape, the court ought not to have released him and its observations would cause problems to the lower courts.

During the resumed hearing in the Supreme Court on Friday, a Bench of Justices H.S. Bedi and C.K. Prasad wanted to know from Additional Solicitor- General Mohan Parasaran, appearing for the Delhi government, whether the State had preferred any appeal. Mr. Mohan said no appeal had been filed, nor was there any proposal to do so.

Pointing out that the NCW, being a third party, had no locus to prosecute the appeal when the State had not preferred to do so, the Bench dismissed the appeal against the impugned judgment.

Need for proactive steps: NCW

Reacting to the Supreme Court order, the NCW said it preferred a special leave petition as it was concerned at the implications of the High Court judgment.

In a statement, the NCW noted with concern that though the State of Delhi filed an affidavit stating it supported the commission's petition, no appeal had been filed.

“The matter is being taken up by the NCW with the Delhi government. The NCW found it necessary to act proactively in this matter.” For, in the absence of any appeal in this matter, a grave miscarriage of justice could occur, the statement said.

 

http://www.thehindu.com/news/national/article530295.ece

Monday, July 26, 2010

Suicide to save tortured men

Suicide to save tortured men


`' If there should be a law like 498A to protect housewives from cruel husbands and in-laws, there should also be a law to protect them from the hands of cruel women like my daughter-in-law Suicide note of Prasanta Kumar Ghosh, 71

A septuagenarian father has taken his own life to “save” his son and other tortured husbands.

Prasanta Kumar Ghosh blamed his death on his daughter-in-law’s threats to slap false torture charges and demanded a law to protect husbands and in-laws in such a predicament.

“My daughter-in-law is responsible for my death. I take the decision to end my life only to save thousands of husbands and their family members from the hands of cruel women like her,” the retired government employee in

Hooghly’s Mogra wrote in a neatly folded three-page note he left behind in his shirt pocket.

Ghosh’s daughter-in-law was allegedly involved in an extra-marital affair with a cop in the area. “(But) neither me nor my son could protest as she threatened every day that she would lodge a complaint against us under section 498A,” wrote the 71-year-old.
In Calcutta High Court on Friday, Justice A.K. Banerjee read the note at least twice before the division bench, also including Justice R.N. Roy, dismissed the daughter-in-law’s plea for anticipatory bail. The police have charged the 31
year-old daughter-in-law with abetment to suicide.

“I know my letter will reach a judge one day. I would like him to consider my case. If there should be a law like 498A to protect housewives from cruel husbands and in-laws, there should also be a law to protect them from the hands of cruel women like my daughter-in-law,” wrote Ghosh.

Section 498A of the Indian Penal Code was introduced in 1983 to fight harassment for dowry. Under the law, a husband and his relatives can be jailed for life. The “cruelty” charge means immediate arrest and lawyers said the accused had no option but to
wait out the investigation period. "Once the investigation reveals that a false complaint had been lodged, they can sue the woman and her kin," said advocate and ex-mayor Bikash Ranjan Bhattacharyya.

Complaints about the misuse of Section 498A have been levelled before by in-laws at the receiving end of threats.
Advocate Jayanta Narayan Chatterjee said such complaints were on the rise.

“Around four out of 10 complaints of harassment against husbands and in-laws do not stand in court.” Pratip Ghosh found his father hanging at their home in Mogra, about 65km from Calcutta, when he returned home after dropping his six-year-old son at school on June 25. The police found the note in Ghosh’s pocket.

Opposing the daughter-inlaw’s plea for a reprieve, government counsel Pradip Roy furnished a copy of the FIR Pratip had filed after his father’s death. “My wife was adamant in nature and did not want to keep a good relationship with me and my father. In my absence, she used to meet a person (the cop)…. He sometimes came to our house in my absence…. My father had opposed all this... the matter has maligned us in society,” it said.

Pratip is married for eight years. Ghosh had initially opposed his son’s relationship with her “but he accepted her after some time”, Pratip wrote in the FIR.

Women’s organisations chose not to read too much into the tragedy. “It is not so easy to misuse the law,” said Indrani Sinha of Sanlaap.“Even if a woman is trying to misuse section 498A, her family, in this case her father-inlaw and husband, could easily have taken precaution in the form of going to the police first and lodging a complaint.


If they are innocent, they need not fear.” Sinha also pointed to the domestic violence law that “does try to protect women” but can also “be used by the men, or any member of a family who is facing a problem at home”.

http://epaper.telegraphindia.com/TT/TT/2010/07/24/ArticleHtmls/24_07_2010_017_020.shtml?Mode=1

FireShot capture #046 - 'Suicide to save tortured men' - epaper_telegraphindia_com_TT_TT_2010_07_24_ArticleHtmls_24_07_2010_017_020_shtml_Mode=1

Friday, July 23, 2010

'Harassed' husband wants wife back alleges his father-in-law may kill his unborn child if he does not pay up – sleeping with the enemy

'Harassed' husband wants wife back alleges his father-in-law may kill his unborn child if he does not pay up

Sleeping with the enemy? Mohd Shahid and Zarina

Mohammad Shahid, 28, has to summon the police to take a look at the ultrasound scans of his unborn child, which he claims is in danger.


Shahid, who runs a laundary shop in Sadar Bazar, got married to Zarina, 21, a divorcee on October 10, 2009. But after four months, her father Hafiz Ahmad took his daughter home and complained against Shahid in the dowry cell of the Delhi Police that he was harassing Zarina. 
"We had married against Hafiz's wishes. Apart from dowry, he also alleged that Zarina took jewellery and cash while going with me and demanded it back. Hafiz never brings Zarina to the hearings in the dowry case. She wants to live with me," Shahidalleged.  
Shahid also claimed that Hafiz has threatened that he will abort the four-month-old foetus in the womb of Zarina, if he does not pay the money that she allegedly took with her.
"Acting on my complaint, the police have asked Hafiz to produce all the papers regarding medical check ups and scans of four-month pregnant Zarina by July 29," Shahid said.
"So far we have found no incriminating evidence against Shahid. We are investigating he case from all angles," said an officer attached to the dowry cell.
Hafiz, a local politician, has also contested elections to the MCD from Sadar Bazar and canvassed on a donkey.
"Though he got 56 votes in all, Hafiz claims that he has political connections and can ruin my life," Shahid alleged.
Hafiz rubbished his "former" son-in-laws claims, saying Shahid had "misled" his daughter into marrying him. "He was harassing her for dowry and as a father I protected my daughter. The case is on and I hope I will get justice for Zarina," Hafiz said.

http://www.mid-day.com/news/2010/jul/230710-Delhi-father-in-law-unborn-child-dowry.htm

Thursday, July 22, 2010

SC holds interim bail as Constitutional right

SC holds interim bail as Constitutional right

New Delhi, July 20, PTI:

The Supreme Court has held that a person is entitled to interim bail pending disposal of the main application as it is a Constitutional right guranteed under Article 21(right to liberty) as being lodged in a jail may harm a person's reputation.

"We wish to reiterate that inherent in the power to grant bail is the power to grant interim bail, pending a final disposal of the bail application.
"This is in view of Article 21 of the Constitution of India which guarantees the right of reputation to every person," a Bench of Justices Markandeya Katju and T S Thakur said in an order.
The apex court passed the order while dismissing the bail plea of an accused Balbir Singh challenging the refusal of the sessions court and the Punjab and Harayna High Court to grant him bail in a criminal case.
His counsel Monoher Singh Bakshi had argued that denying him bail would result in his going to the jail, thus affecting his reputation.
The apex court, while rejecting Singh's plea for an anticipatory bail, however, asked the trial court to decide on his plea for interim bail.

http://www.deccanherald.com/content/82646/sc-holds-interim-bail-constiutional.html

Indian-American questions marriage act in court

Indian-American questions marriage act in court

Wednesday, July 21, 2010 8:57:26 PM by IANS

New Delhi, July 21 (IANS) The Supreme Court was moved Wednesday on whether the provisions of the Hindu Marriage Act apply to an American citizen of Indian origin whose wife has filed a suit in India for the dissolution of their marriage solemnised in the US.
This tricky question has been put before the Supreme Court by American citizen R. Sridharan.

Sridharan, who married Tamil cine actress R. Sukanya, has challenged a Madras High Court order that a family court in India had the jurisdiction of hearing a divorce case filed by the cine actress.

The petitioner contended that the marriage act clearly states that it extends to the whole of India except Jammu and Kashmir.

He said that going by the jurisdiction of the act, it could not be applied to citizens of America.

The petitioner said that it was settled in law that in order to apply the provisions of act both the partners must be domiciled in India.

In the present case, petitioner Sridharan is domiciled in America and also its citizen.

He and Sukanya got married in Balaji Temple in New Jersey. Their marriage was registered July 30, 2002 with the marriage officer in the US and thus the provisions of the Foreign Marriage Act would only apply, the petitioner contended.

Sukanya left for India Jan 14, 2003 on the pretext of doing a programme in a private TV channel. Thereafter, she did not return to the US.

On July 8, 2003, Sridharan served her notice asking her to return to her matrimonial home.

On March 3, 2004, Sukanya moved the family court in Chennai seeking the dissolution of marriage. On July 17 in the same year, Sukanya got an exparte decree of divorce and thereafter started prolonged legal battle culminating in the impugned judgment of the high court

http://www.thaindian.com/newsportal/entertainment/indian-american-questions-marriage-act-in-court_100399663.html

Sunday, July 18, 2010

DEMAND TO MAKE SEXUAL HARASSMENT AT WORKPLACE BILL 2010 GENDER NEUTRAL AND ADD PENALTY FOR MISUSE/FALSE COMPLAINTS

MEDIA COVERAGE IN REPONCE TO THE PRESS CONFERENCE OF 18 JULY 2010 ON SEXUAL HARASSMENT AT WORKPLACE BILL 2010

http://navbharattimes.indiatimes.com/delhiarticleshow/6182324.cms

 

http://www.hindustantimes.com/Whose-law-is-it-anyway/Article1-573876.aspx


http://economictimes.indiatimes.com/news/news-by-industry/et-cetera/NGOs-want-protection-of-men-in-sexual-harassment-bill/articleshow/6182189.cms
 

http://in.news.yahoo.com/43/20100717/812/tnl-ngos-want-protection-of-men-in-sexua_1.html
 

 http://timesofindia.indiatimes.com/India/NGOs-want-protection-of-men-in-sexual-harassment-bill/articleshow/6181780.cms

Make Sexual Harassment at Workplace Bill 2010 Gender Neutral with strict provisions to prevent Misuse- Discussion on p7 news channel 18jul2010

Make Sexual Harassment at Workplace Bill 2010 Gender Neutral with strict provisions to prevent Misuse- Discussion on p7 news channel 18jul2010

Part 1/3 Sexual Harassment at Workplace Bill 2010 Discussion on p7 news channel 18jul2010

 

 

 

 

Part 2/3 Sexual Harassment at Workplace Bill 2010 Discussion on p7 news channel 18jul2010

 

 

 

 

Part 3/3 Sexual Harassment at Workplace Bill 2010 Discussion on p7 news channel 18jul2010

 

 

Press Conference: “Sexual Harassment at workplace Law proposal”

Press Conference: “Sexual Harassment at workplace Law proposal”

Place: 17th July 2010, Saturday
12:30 to 2:00 PM. Jawaharlal Nehru National Youth Centre, 219, Deendayal Upadhyay Marg, New Delhi 110002.
Near Pragati Maidan Metro Station, Near ITO.

All are cordially invited, one can ask questions even anonymously. Followed by lunch.

Contact: Sandeep Bhartia, President ( 9971117829),

Mrs Swarnlata (9711819834 Spokesperson)

Few other Organizations will be also participating with their Separate Press releases.

Invitation & Press release.

The new proposal focus is on getting money for emotional, mental trouble based on the salary of the man.
The judges have to be biased by law (includes 3 feminists) to decide the amount, etc. so in the present form this can result in flood of false complaints for money, revenge etc. 

Our Suggestions about this Law proposal include: 

1: Our demand is that the construction of complaints committee should be kept the same as in Supreme courts Vishakha Judgement (which is the present law). Presently committee is good, will be headed by women & 50% or more members should be women. Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. Why is the need to significantly change this committee by new committee proposal to have 3 women committed to the cause of women (including the head of committee)? It is seen in case of Protection officers (in the new Domestic Violence law from 2006), that protection officers are under pressure to give one sided reports to keep their jobs. Why can not the ommittee members be neutral like in Supreme Courts Judgement & the proposal says their have to be 3 women rights activists.

2: The present law proposal says pay money for emotional, mental trouble caused due to sexual harassment at office. We think that money compensation should be limited to the actual money loss suffered, like paid leaves, salary loss or medical loss. Unlimited money for emotional trouble will lead to a flood of false complaints, just like in matrimonial disputes wife are asking from all male relatives, for mental trouble Rs 85 lakhs, 10 lakhs etc. in the new law of domestic Violence, section 22. Why not give punishment instead of money. Good women are not so cheap that they want money for sexual harassment; they would rather punish the offender. Unlimited Money = False complaints.

3: The Law proposal says false complaints cannot be told to public, press and media, and only true complaints can be told. This has long term effect, by legally allowing only one sided information to be passed to the press. The harm is significant, though not so easy to explain.

4: Law ministry’s main job is to make Laws. We are asking that gender Laws in proposal stage be put on Law ministries website, just like in blogs. There should be a provision to put feedback comments, persons & press should be allowed to see each other moderated comments. This will ensure that feedback received is more or less transparent. Our NGO will do this for free for the Govt. of India. At the press conference we will try to understand why this is virtually impossible for Indian Govt. to make gender law drafting process open to Indian public due to foreign funding etc.

Summary 12 page document about sexual harassment at workplace law Proposal is at NGO President’s blog. 

http://indiatalking.com/blog/genderjustise/6142/

References:  Present Law that is good should be continued. May be make committee formation compulsory at offices.
http://ipc498a.files.wordpress.com/2007/03/visakha-sh.pdf

New Law proposal that we have access to.

http://www.ghrs.in/images/Dharna_Seminar/july10/draft_sexual_harassment_bill_2007.pdf

Video Links of out TV Debates for this Law proposal.

Our TV Debate 1. : Since this law proposal can not be justified, Important points by us are met with
bursts of frustration & personal attacks, making famous experienced feminists look cheap, & walkouts from TV studio. (23
years feminists Supreme Court lawyer & writer of dozens of women laws books), & (Another on panel is Delhi university ex.
President active in Domestic violence TV programs).

http://www.youtube.com/watch?v=gVxALl5TaYc
http://www.youtube.com/watch?v=2IrVe9DT_BE
http://www.youtube.com/watch?v=ps5siA6FheA

Our TV Debate 2. : With not hardcore feminists, finally all have to agree this law proposal is wrong.

http://www.youtube.com/watch?v=m-tfFMNGy80
http://www.youtube.com/watch?v=4S3J-S0y8ro
http://www.youtube.com/watch?v=4_oy-w_nbFE

Raksha( USA) booklet is at

http://www.498a.org/contents/Publicity/comments_on_sexual_harassment_bill_rakshak_v4.pdf

Detailed blog with persons comment & other links is at

http://indiatalking.com/blog/genderjustise/4946/
Presently sexual harassment complaints are taken seriously; it is tried under rules of other complaints. Usually man is promptly fired or given a last warning. 

…………..

Photos of the Press conference – photos 1 to 14 are of 17 july 2010 conference

http://www.flickr.com/photos/27490196@N03/

 

courtesy : –

President - Sandeep Bhartia(9971117829), Secretary -Niladri Shekhar Das (9811052770)

Gender Human Rights Society(Regd.)

http:/www.ghrs.in

Why are they afraid to make it gender neutral- Whose law is it anyway?

Whose law is it anyway?


Satya Prakash, Hindustan Times
New Delhi, July 17, 2010First Published: 23:13 IST(17/7/2010)

Thirteen years after the Supreme Court ordered implementation of a set of guidelines to protect women from sexual harassment at work, the government has drafted a bill to replace the guidelines issued in the 'Vishaka case'. The Prohibition of Sexual Harassment of Women at Workplace Bill, 2010 is expected to be tabled in Parliament this monsoon session.

It's interesting to note that on March 10 this year, Pakistan enacted a similar law under which a culprit can be sent to jail. The Indian draft, however, does not go that far. A guilty employee can be sacked at the most and the victim compensated financially. If the act is criminal, the victim will then have to charge the offender under other laws.

But the Indian bill is ambitious at other levels. It covers a wide swathe of the workforce, including the estimated 118 million women in unorganised sectors such as agriculture, construction, handloom, domestic help, shops and small-scale industries — working on a regular, temporary, ad hoc or daily wage basis. Even students, NGO workers, research scholars, trainees and patients will be able to claim cover. Also, it offers a broad definition of harassment by "verbal, textual, physical, graphic or electronic" means.

If the bill becomes law, managements of all organisations employing more than 10 people will have to set up a mechanism for the filing of complaints and their redress. If a worker is at fault, the employer must act within 60 days.

But our bill protects only women. Most western countries, including the UK, Australia and France, have gender-neutral laws. In the US, where such laws vary between states, the share of harassment claims filed by men has doubled to 16 per cent between 1990 and 2009, says the US Equal Employment Opportunity Commission.

Brinda Karat, leader of the All India Democratic Women's Association who was involved in the making of the draft, says, "The Bill has been drafted in the Indian context keeping in view the Indian experience and to suit the Indian situation. There is no question of making it gender-neutral."

Girija Vyas, chairperson of the National Commission for Women (NCW), says the draft has been based on the Supreme Court's Vishaka verdict, and recommendations of the Law Commission and NCW. "In most cases, women are the victims... We'll see in the future if other cases come up."

Shouldn't there be a provision to deal with harassment by a person of the same sex? "Let [this draft] be passed. Let us see its implementation. As and when such a situation arises, we will think of it," says Karat.

However, senior Supreme Court advocate Pinky Anand says, "There is no reason why the proposed law should not be gender-neutral — and protect both women and men. Today the possibility of either sex being harassed is a reality."

 

http://www.hindustantimes.com/Whose-law-is-it-anyway/Article1-573876.aspx

NCW silence in honour killing case annoys court

NCW silence in honour killing case annoys court

A Delhi court has expressed displeasure with the National Commission for Women (NCW) over its failure to respond to its notice for rehabilitation of a woman whose husband was murdered allegedly by her father and others in a case of suspected honour killing.

Additional Sessions Judge Sanjeev Aggarwal termed the non-appearance of any representative from NCW as “unfortunate” despite the notice of June 1.

Fresh notice

The court issued a fresh notice and sought the NCW response on July 16 saying the organisation was required to work out some scheme for rehabilitation of the victim who was also allegedly gang-raped last year for marrying a man in the same “gotra” (clan).

“In the peculiar facts and circumstances of the present case, there are allegations of honour killing of the husband of the victim allegedly by her father, brother and other persons and there are also allegations of gang-rape against two accused….And if no rehabilitation is provided to these sort of victims, then the entire social fabric would be in danger and NCW is one of the premier organisations which is engaged in rehabilitation work of those kind of hapless victims,” the court said.- PTI

http://thehindu.com/todays-paper/tp-national/tp-newdelhi/article503895.ece

Friday, July 16, 2010

Sexual harassment is NOT about sex or gender- SEXUAL Harassment at Workplace Bill 2010

Sexual harassment is NOT about sex or gender - SEXUAL Harassment at Workplace Bill 2010

THE SEXUAL Harassment at Workplace Bill 2010 focuses on women’s right to protection against sexual harassment at the workplace. The Bill cites their right to equality, right to life and right to live in dignity enshrined in the Indian Constitution.
The Bill and its architects patently undermine the basic truth that sexual harassment is neither about sex nor gender, that it is about power and that a woman in power can be every bit as abusive as a man.
Most importantly, the Bill undermines the Indian Constitution and its provisions which state that men and women have the same right to equality, the same right to life and the same right to live in dignity.
The Bill implies that it is alright for men to be subjected to sexual harassment including unwelcome sexually determined behaviour, physical contact, advances, sexually coloured remarks, showing pornography, sexual demand, request for sexual favours or any other unwelcome conduct of sexual nature whether verbal, textual, physical, graphic or electronic or by any other means.
The Bill requires that committees for redressing grievances be comprised of persons ‘committed to the cause of women’, thus, betraying NCW’s never-ending urge to pamper the female at any cost, even if it means innocent men are penalised, the law and justice dispensation system are taken for a ride, and public resources and time are squandered to satisfy the whim of a dishonest, criminal minded, depraved woman. With committees filled with individuals ‘committed to the cause of women’ and not to the cause of truth, law and justice; is it hard to foretell the fate of males in an institution or the society as a whole?
The Bill contains provisions for conciliation and settlement between the aggrieved woman and the respondent. If conciliation happens and settlement is arrived at, no further inquiry will be conducted but if conciliation fails and settlement is not arrived at, then an enquiry will be conducted. Similarly, if the terms and conditions of conciliation and settlement are not met by the accused man, an enquiry will be conducted.
When sexual harassment at workplace is hyped as a grievous crime which warrants a special stringent law, what is the purpose of the conciliation and settlement plan? Is it not simply a new means to blackmail a man to heed to the terms and conditions of the so-called aggrieved woman? In what way is this law different from dowry and rape laws, which are used as weapons of legal terrorism and extortion?
The provision for monetary compensation to the aggrieved woman is quite an incentive to convert harmless non-sexual interactions and consensual sexual interactions into sexual harassment as per the complainant’s convenience or whim and opens up a novel and lucrative money earning mechanism.
The Bill requires that up to one fourth of an employee’s salary, or proceeds from sale of his goods or property should be paid as compensation to the aggrieved woman. The liability to pay monetary compensation will be treated like arrears of land revenue, and the accused will be forced to cough up money under the threat of imprisonment and fine. In other words, the punishment for not paying compensation is bigger than the penalty for the alleged offence of sexual harassment (ie, apology, suspension, termination of job etc).
The NCW has outdone itself once again by inventing a new concept of punishment and concomitantly, a new business model, with least regard to addressing the offence of sexual harassment or the social need to provide a secure working environment for men and women.
With such egregious provisions, will not the Bill tempt women to make false allegations of harassment to claim monetary compensation or force settlements? Will it not encourage persons to sexually harass someone and pay up to be let off the hook – in essence, the richer the person, the more their unsaid ‘post-paid harassing privileges’ and easier their escape from punishment?
The Bill goes a step further to encourage women to misuse the provision as it leaves it to the discretion of the concerned organisation to take action when a woman files a false complaint or furnishes false evidence.
In addition, the Bill grants immunity to misusers of the provisions by precluding all information including identities of the parties, information related to conciliation and settlement, enquiry proceedings, findings and decisions or actions from the ambit of the Right to Information (RTI) Act. The Bill defeats the main purpose of the RTI Act which is to maintain transparency and accountability in the system and disempowers the persons involved by violating their right to know details pertaining to their own case.
While any fair minded person would frown upon the Bill for the reasons stated above, one can’t help being appalled at the audacity and impudence exhibited by the Ministry of Women and Child Development (WCD) in making the most sexist and discriminatory remarks as a defence for not making the Bill gender neutral.
The Ministry stated, “The overwhelming nature of sexual harassment is sexual harassment of women on account of their female sex. Harassment of men can’t be put on the same footing character wise or incidence wise. Protection of men is also not the mandate of Ministry of WCD.”
Countries around the world including the United States, United Kingdom and all member countries of the European Union have gender neutral sexual harassment prevention laws. Even Pakistan, which passed a similar Bill in January 2010, embraced the principle of gender neutrality. However, the Indian Ministry of WCD is deliberately ignoring the nature and gravity of sexual harassment, espousing the most regressive approach and revealing its brazenly anti-male and anti-social agenda.
It is also worth perusing the track record of NCW in cases of sexual harassment against women. For instance, three years ago, Archana Pandey, a middle aged Indian woman filed a complaint of sexual harassment and attempt to rape on the UNICEF India chief, Cecilio Adorna and subsequently approached the NCW for assistance. The seriousness of the allegations notwithstanding, NCW adopted an apathetic and nonchalant approach leaving Pandey to her own devices in her fight against a huge international organisation. This is just one instance which exemplifies the double standards and moral bankruptcy of the principal architect of the Bill.
It should be noted that through this Bill, which smacks of desperation to pamper unscrupulous women, the NCW and WCD are taking yet another step towards disempowering women. The Bill is not only insulting to self-respecting, honest and hardworking women but it can also discourage employers from employing competent and reasonably qualified women for the fear of this proverbial ‘Sword of Damocles’ hanging over their heads.
Thousands of concerned citizens and several organisations have sent representations requesting the Ministry of WCD to make the Bill gender neutral and to include a strict provision to address misuse. The Union Law Ministry strongly favoured the incorporation of a misuse clause to avoid situations similar to those being faced in domestic violence and dowry harassment cases.
Nevertheless, this monsoon session will witness the tabling of another Bill which tramples upon men and demeans women, a Bill which neither cares about preventing sexual harassment nor about providing security at the workplace, a Bill which is yet another weapon of blackmail and extortion, a Bill which promotes gender war.
If the esteemed members of the Parliament throw all caution to the wind and let this Bill pass, the country would have no choice but to brace itself and be ready to face a social Tsunami.

http://www.merinews.com/article/sexual-harassment-at-workplace-bill-2010/15826440.shtml

also @ http://uchalla.wordpress.com/2010/07/15/the-sexual-harassment-at-workplace-bill-%E2%80%93-2010/

Allahabad HC tells police to treat people with dignity

Allahabad HC tells police to treat people with dignity

 

 

New Delhi: The Allahabad high court (HC) has warned police against violating the dignity of people by detaining them illegally

The court’s Lucknow bench has taken exception to a practice in Uttar Pradesh (UP) in which innocent women and children are detained in police stations for days because they’ve witnessed crimes or are victims of crimes.

Justices Yogendra Kumar Sangal and Devi Prasad Singh sought that the criminal justice system be revisited so that people’s rights are protected and directed UP to pay Rs25,000 to Afreen Bano, who was illegally detained by police.

Afreen had married Sartaj against the wishes of her family, which lodged a police complaint leading to her detention.

After the court intervened, police revealed they had detained Afreen for a fortnight at a police station for women pending a medical report confirming her age.

When the state’s advocate general argued there was nothing illegal in keeping women and children at police stations, the court said authorities can’t use police stations for anything except for what they were meant to be used.

“In case police are permitted to do so [use police stations to detain people], it shall create a gallery to abuse the process of law,’’ the judges said. They directed the Mayawati government to set up children’s homes and nari niketans to house such people.
Afreen maintained she was an adult and therefore, her marriage was legal. But police did not accept her version. The medical report confirmed Afreen was an adult.

The court maintained that if police were allowed to detain somebody for a long time without a good reason, s/he would suffer social stigma.

It said in a country where more than 35% were illiterate and almost 40% poor, peoplewere not expected to know their rights.

Pointing out that the legacy of the British persisted even now and that “police are not treated as friend of the people”, the court said, “It is not easy for a common man to enter a police station and lodge an FIR. In case police are permitted to detain a person or a witness in its campus for any reason, it will increase chances of abuse and rights violation.”

The judges cautioned the government against sticking to unjust, improper and illegitimate methods in investigating criminal cases, as this will make people lose confidence in the state.

http://www.dnaindia.com/india/report_allahabad-hc-tells-police-to-treat-people-with-dignity_1410321

Tuesday, July 13, 2010

Husband shows 'letter' to prove wife was genetically suicidal

Husband shows 'letter' to prove wife was genetically suicidal

Mumbai: The in-laws and husband of Nishi Jethwani, who committed suicide by jumping off the 28th floor of her Mulund residence on June 27, have produced a ‘letter’ written by Nishi in her teenage years to prove that she had suicidal tendencies. They are seeking bail on that basis.

The Mulund police had earlier said that she did not leave a suicide note behind.

The letter, which reads more like a note, was allegedly written by Nishi when she was about 15. It was written on October 31, 2002, after her mother committed suicide, the bail application stated.

“The letter reflects the confused, frustrated, highly depressed state of the deceased. A mentally abnormal and imbalanced person alone can make such notes and writings,” the bail application stated. As per medical science, “suicidal tendencies can be seen in families across generations as depression is genetic”, it added. The matter will come up for hearing on June 14.

Nishi’s father had filed a complaint with the Mulund police alleging that her in-laws and husband harassed her. Based on the complaint, the Mulund police had booked husband Jitendra, father-in-law Mulchand, 53, mother-in-law Deepa, 49, and sister-in-law Sapna, 18, under section 498 A (cruelty by in-laws) and 304 B (death caused due to demand of dowry).

The note, accessed by DNA, was possibly written after consultation with an astrologer. It speaks about Nishi’s parents’ marriage date, her father’s star sign and “her sadesatti” getting over in the second week of November 2003. Sadesatti refers to bad phase in a person’s life. “All the views of life change after sadesatti gets over,” the note read.

The note makes declarations like - “I will dominate my husband a lot; I (will) have a lot of money in life, etc”. It also says, “I will have a thought of suicide if I have problems in my married life. My love marriage will not be successful.’’

Taking a cue from the note, the in-laws also said that she was dominating in nature and had predicted way back in 2001 that her marriage won’t be successful. They also said that she aspired to have her own money and independent house in 2001.

The bail application spoke of Nishi’s “painful and disturbed” childhood especially after her mother’s death and her father’s decision to re-marry. The bail application claimed that Nishi’s relationship with her stepmother was not good. She “never got love and affection from her family” and was sent to Panchgani where she finished her schooling and later to Pune where she went to college, it stated.

“Due to such traumatic experiences and imbalanced childhood, it is natural that she (Nishi) became mentally unstable and highly depressed and frustrated,” stated the application.

Sapna said she was a college-going student, and the case would ruin her life.

http://www.dnaindia.com/mumbai/report_man-shows-letter-to-prove-wife-was-genetically-suicidal_1409018

NRI couple in Mumbai moves court in dowry harassment case

NRI couple in Mumbai moves court in dowry harassment case

Mumbai: An NRI couple has moved the Bombay high court seeking quashing of a private complaint lodged by the wife of a family friend alleging dowry harassment

Jayesh and Kavita Sheth, a couple residing in Ethiopia, said in their petition that warrants were issued against them by a Vikhroli magistrate’s court in February 2007.

Forum Sheth had filed a private complaint against the petitioners, her husband Kaushal and his family alleging dowry harassment. Although Jayesh and Kavita claimed they were not related to Kaushal’s family and only lived in the same locality, Forum alleged that Kavita was Kaushal’s cousin sister. In her complaint, Forum said she was harassed by the couple and her in-laws after she moved to Ethiopia in February 2005.

“Jayesh’s passport has expired and due to the pending criminal case the authorities have refused to renew his passport,” said Sheth’s lawyer and senior counsel Shirish Gupte. “He can’t come to India to attend the court hearing.”

The Sheths’ petition claimed that as Jayesh’s passport was not
renewed, he couldn’t bring his daughter to India for medical treatment. The couple has twins — a boy and a girl. The girl is mentally and physically challenged and has been undergoing treatment in India.

Hearing the submissions, a division bench of justices BH Marlapalle and Roshan Dalvi directed the prosecution to check the present status of the case in the Vikhroli magistrate’s court.

The court has directed additional public prosecutor Prakajta Shinde to submit a report in two weeks time.

Gupte also sought time to amend the petition and add the Union government as respondents in order to get the passport renewed.

 

http://www.dnaindia.com/mumbai/report_nri-couple-in-mumbai-moves-court-in-dowry-harassment-case_1409000

Woman admits making up rape story

Woman admits making up rape story

A woman who claimed she was raped by a stranger who followed her into her Southampton home in broad daylight has admitted she fabricated the story.

She reported to police that a man got into her home in Wimpson Lane, Millbrook, and then threatened her and raped her on 2 February.

However, detectives who launched an investigation found her story did not add up.

The woman was given an official caution for perverting the course of justice.

After she reported the attack, which she said took place in the afternoon, extra police patrols were put in place in the area.

Det Sgt Steve Spencer, of Hampshire Police, said: "As a direct result of the thorough investigation we conducted it became clear that this reported rape had not occurred.

"The time spent investigating this incident should have been used on a genuine case.

"It is very disappointing that we had to waste our time and resources on this matter but at least the residents in the Wimpson Lane area can be reassured that the reported rapist does not exist."

http://news.bbc.co.uk/2/hi/england/hampshire/10595812.stm

Woman falsely accused Lt Gen Nanda – Court of Inquiry finds him not guilty of sexual harassment

Lt Gen Nanda not guilty of molestation

New Delhi: The court of inquiry (CoI) probing allegations of sexual misconduct by Lieutenant General AK Nanda is believed to have found the charges levelled against the army officer to be false. Colonel CP Pasricha, technical secretary to Nanda, had complained against his superior for alleged sexual misconduct towards his wife during an official trip to Israel in May.

The CoI is learnt to have found Nanda innocent since Pasricha failed to prove any charges against him. Nanda, engineer-in-chief with the army, was facing an inquiry initiated by the Shimla-based Army Research and Training Command.

General officer commanding-in-chief (GOC-in-C), lieutenant general AS Lamba presided over the inquiry.

The CoI, which began on June 17, was adjourned for a short break. It resumed last week after Group Captain Ajay Rathore, defence attache in the Indian embassy in Israel, was summoned as a witness.

Rathore, a Sukhoi pilot in the air force, was called since Pasricha and Nanda have carried out most of their engagements in Israel with him in attendance.

Nanda retires from service in October while Pasricha was posted to Bhopal after the complaint. Army chief General VK Singh’s wife Bharti, who is president of the Army Wives Welfare Association, met the wives of the two officers after Pasricha lodged the complaint. Nanda was later summoned by Singh for an explanation.

http://www.dnaindia.com/india/report_lt-gen-nanda-not-guilty-of-molestation_1408588

Truth of DESI INDIAN WIFE-MARRIAGE- blackmailing extortion poisoning murder of HUSBAND for MONIES

 

Truth of DESI INDIAN WIFE-MARRIAGE- blackmailing extortion poisoning murder of HUSBAND for MONIES

Encouraged and protected by  WCD, NCW, Feminists, judiciary, police INDIAN WIFE have excelled to blackmail extort poison murder husband for monies and yet go scot free due to heavily biased draconian laws like IPC 498a pwdva 2005 which they misuse freely and rampantly to coverup their misdeeds and the indian legal system is ever too happy to pat their backs to protect and empower such criminals and legal terrorists.

Had a wife or her family members alleged husband with same, the same indian legal system would have been too swift and move at lightening speed to put husband and his family members behind the bars.

AAB TO JAGO PATIYON/MARDON JAGO !!!!!!!!!!!!

 
 
 
 
 

Monday, July 12, 2010

Bombay HC calls Pune police lax

Bombay HC calls Pune police lax

By Bapu Deedwania

Posted On Monday, July 12, 2010 at 11:10:57 PM

The Bombay High Court on Monday came down heavily on the Pune police and its functioning while hearing a matter which related to the murder of a builder last year in 2009.
The HC has now sought statistics of all cases related to murder, rape and dacoity that happened in the last year, along with the numbers on what cases are pending, how many have been disposed and in how many cases charge sheets have been filed.
The case relates to the murder of one Nikhil Rane who is a builder and who was shot at in broad day light around 12.30 pm in the noon on November 23, 2009.
A case was registered by the Shivaji Nagar police station under section 307 of the Indian Penal code and along with relevant sections of Arms Act. A complaint was filed by the Sunil Rane, brother of the deceased.
Nikhil Rane was rushed to Sancheti hospital immediately after the incident and since was still alive that time. A case of attempted murder was registered but later after his death it was changed to section 302—murder under the Penal laws.
Nikhil Rane’s wife Ashwini moved the HC contending that their was no breakthrough in the case despite all these months. Hearing the petition the division bench of Justice B H Marlapalle and Justice Roshan S Dalvi rapped the Pune police saying that the police was very lax in its approach.
“It seems that Pune police is lethargic. They are interested in VIP security, bandobast duty and other entertainment duties. Mumbai is such a big city as compared to Pune yet the police here works better than them,” said Justice Marlapalle.
Having said that the judges called for the record of all undetected and detected cases. Public Prosecutor Mankunwar Deshmukh submitted that Commissioner of Police Dr Satyapal Singh has filed a detailed affidavit in the case saying that the investigation is still on in the case and the police had also made some arrests based on the details given by the wife of the deceased.
“Investigation of the spot was conducted. Spot panchnama was done, blood and other samples were collected and even a ballistic report was sought. The samples were sent to Forensic Laboratory at Kalina,” says Singh in the affidavit.
Singh even mentions that the police even went to take a statement of the deceased when he was admitted to the hospital. “But he was unconscious that time and could not speak,” states the affidavit.
Singh further adds that four people were arrested by the Crime branch after Ashwini Rane gave details about them alleging that they had given threats to her husband.
“The Anti-extortion cell even filed a charge sheet and sought police custody. Even the custodial interrogation did not reveal much,” says Singh.
The HC has now given the Pune police two weeks time to submit the report about the status of cases on rape, murder and dacoity.

 

http://www.punemirror.in/index.aspx?page=article&sectid=2&contentid=201007122010071223105730872cf872c&sectxslt=

Sunday, July 11, 2010

Senior IPS officer’s (IG Police) divorce set aside by Bombay HC – Lower court erred in accepting cruelty allegations due to wife's false frivolous complaints and unsoundness of mind

Senior IPS officer’s (IG Police) divorce set aside by Bombay HC – Lower court erred in accepting cruelty allegations due to wife's false frivolous complaints and unsoundness of mind

Posted On Sunday, July 11, 2010 at 02:34:23 AM

 

 

 

 

Senior IPS officer Hemant Nagrale and his wife Pratima

The Bombay High Court has set aside the order passed by the family court, grating divorce to Hemant Nagrale, 46, senior IPS officer and inspector general of police, from his wife Pratima Nagrale, 41, saying that the trial court has committed manifest error in exercise of discretion and power vested in it.

HC further said that the  law mandates that the court is obliged to enquire into allegations such as in the present case - where the husband says the (respondent) wife was of unsound mind and her behaviour was causing cruelty to the (petitioner) husband.

Nagrale represented by senior counsel P K Dhakhephalkar and counsels R P Sharma, S S Ghosh and Rahul Sinha in HC, moved family court for divorce under Section 13 (i-a) of the Hindu Marriage Act, stating that his wife’s attitude was not proper and that she was lodging false and frivolous complaints against him. He alleged that this was harassment and mental cruelty.

Senior IPS officer Hemant Nagrale and his wife Pratima In addition, Nagrale stated that this was due to her suffering from intermittent schizophrenia attacks. Details of her behaviour were elaborated in his petition.The family court passed judgment and decree allowing his petition and hence the marriage held on May 4, 1990 was dissolved.By the same judgment, the family court also held that permanent custody of the children shall remain with Nagrale. Pratima filed an application before the family court for setting aside the order claiming that the decree was passed ex-parte and also moved HC in appeal.

Initially Pratima was present for court proceeding but later stayed absent and did not even file a reply or deny allegations against her. On the other hand, Nagrale produced documents and also filed an affidavit.Committing the case back for re-trial the division bench of justices A M Khanwilkar and A A Sayed said they are convinced this case requires fresh consideration by the trial court.

The HC pointed out that the husband was relying on documentary evidence to substantiate his allegation that his wife’s behaviour was intolerable. “The family court, before accepting the allegation leveled against the wife that she suffered a mental disorder, was obliged to enquire into that aspect.It is only after recording its satisfaction that the appellant was capable of defending her own cause, it ought to have proceeded further in the matter,” said the judges. The judges have now directed the family court to inquire afresh into the matter on August 16.

http://www.mumbaimirror.com/article/2/201007112010071102342323bfc6717b/High-Court-sets-aside-divorce-of-top-cop.html

NCW wants more teeth for law on honour killings

NCW wants more teeth for law on honour killings

The National Commission for Women (NCW) has written to the Union home ministry to increase the ambit of 'murder' in honour killing cases to include driving people to suicide for bringing dishonour to families.

Pressure from caste panchayats, clans and families often drive young couples to self-destruction.

The government has been deliberating on terming honour killing as murder.

The NCW has also called for a separate category of crimes to be defined as honour crimes. The commission has also proposed that such crimes be investigated only by officers of the rank of deputy superintendent of police or above.

An NCW official said the commission noted that "all dishonour-related acts by a caste panchayat may not end in killing of the victim. But they may subject the victims to other forms of violence such as gang rape or the woman being paraded naked". The official added that: "Women, at times, may be subjected to long-term physical abuse for bringing perceived dishonour to her family or clan. Such crimes need to be specifically dealt with separately and needs to be made punishable."According to the NCW, existing legal provisions under the IPC have failed to deter such crimes. So, specific legal provisions are needed to combat honour killings. Community groupings, clans or caste panchayats who drive couples to self-destruction should also be considered guilty of 'murder' under Section 300 of the IPC, the commission felt.

"In most cases, the police don't help the couple as they are from the same caste or clan. So, these cases should be investigated only by gazetted officers," the NCW official said.

According to the NCW letter, honour crimes are triggered by as 'trivial' a thing as talking to a man or even suffering a rape. These crimes are "premeditated" and "open" but perpetrators are hardly convicted or punished.

The commission has informed the home ministry that the "underlying purpose" of such honour crimes is to "maintain male power in the family and communities by denying women basic and internationally recognised rights" to make autonomous decisions about issues such as "marriage, divorce etc".

http://indiatoday.intoday.in/site/Story/104960/LATEST%20HEADLINES/ncw-wants-more-teeth-for-law-on-honour-killings.html

Bring Uniformity of Legal age for marriageable girl and consent for sex across all laws

NCW: Fix single age for girls' marriage

11 Jul, 2010 0331hrs IST TNN[ Himanshi Dhawan ]

NEW DELHI: What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes.
Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments.
Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, do not term a marriage between a girl below 18 years and boy below 21 years as "illegal" but recognize such unions as void and voidable (that is, there are grounds to quash it in a court of law, if challenged).
In recent times, however, there have been judgments — where the courts allowed a girl below 18 years, in one case as young as 13 years, to go to her husband respecting her discretion or "age of consent", even though she was yet to attain the legal age of marriage.
NCW has noted that courts in recent years have been only relying on a minor married girl's discretion on whether she wants to live with her parents or go to a protection home.
NCW chairperson Girija Vyas said, "We will ask the government to make the marriageable age of women uniform in all laws. Our petition is already before the court but we would like to press upon the government to clear the confusion and also ensure registration of all marriages."
Vyas said this was the only way to discourage child marriages that are rampant across the country.
According to the National Family Health Survey-3, over 47% of women in the age group of 20-24 years had been married by the time they were 18 years.
The court judgments, which held marriage of girls under 18 years to be legally valid, only add to the existing confusion regarding the marriage of a minor and highlight the disparity.
For instance, Section 5 (iii) of the Hindu Marriage Act, 1955, stipulates the marriageable age for both boys and girls. However, Section 11 leaves this clause out of the purview of the courts as far the legitimacy of a marriage is concerned.
Also, the explanation to Section 375 of the IPC provides that sexual intercourse between a man and his wife is not rape if she is 15 years or more. This acknowledges that it is possible to marry a girl, albeit a minor, even if she is 15 years or more.
NCW also plans to renew its demand for compulsory registration of all marriages.

11 Jul, 2010 0331hrs IST TNN[ Himanshi Dhawan ]

NEW DELHI: What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes.
Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments.
Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, do not term a marriage between a girl below 18 years and boy below 21 years as "illegal" but recognize such unions as void and voidable (that is, there are grounds to quash it in a court of law, if challenged).
In recent times, however, there have been judgments — where the courts allowed a girl below 18 years, in one case as young as 13 years, to go to her husband respecting her discretion or "age of consent", even though she was yet to attain the legal age of marriage.
NCW has noted that courts in recent years have been only relying on a minor married girl's discretion on whether she wants to live with her parents or go to a protection home.
NCW chairperson Girija Vyas said, "We will ask the government to make the marriageable age of women uniform in all laws. Our petition is already before the court but we would like to press upon the government to clear the confusion and also ensure registration of all marriages."
Vyas said this was the only way to discourage child marriages that are rampant across the country.
According to the National Family Health Survey-3, over 47% of women in the age group of 20-24 years had been married by the time they were 18 years.
The court judgments, which held marriage of girls under 18 years to be legally valid, only add to the existing confusion regarding the marriage of a minor and highlight the disparity.
For instance, Section 5 (iii) of the Hindu Marriage Act, 1955, stipulates the marriageable age for both boys and girls. However, Section 11 leaves this clause out of the purview of the courts as far the legitimacy of a marriage is concerned.
Also, the explanation to Section 375 of the IPC provides that sexual intercourse between a man and his wife is not rape if she is 15 years or more. This acknowledges that it is possible to marry a girl, albeit a minor, even if she is 15 years or more.
NCW also plans to renew its demand for compulsory registration of all marriages.

http://m.timesofindia.com/PDATOI/articleshow/6153230.cms

Sexual Harassment At Workplace Bill discussion-dd news charcha mein 10jul10

1/6 sexual harassment at workplace bill discussion-dd news charcha mein 10jul10

 

 

 

2/6 sexual harassment at workplace bill discussion-dd news charcha mein 10jul10

 

 

 

3/6 sexual harassment at workplace bill discussion-dd news charcha mein 10jul10

 

 

 

4/6 sexual harassment at workplace bill discussion-dd news charcha mein 10jul10

 

 

 

5/6 sexual harassment at workplace bill discussion-dd news charcha mein 10jul10

 

 

 

6/6 sexual harassment at workplace bill discussion-dd news charcha mein 10jul10