Sunday, June 27, 2010

Is Indian Judiciary Legalizing and promoting Prostitution

Is Indian Judiciary Legalizing and promoting Prostitution???

The women who is mature and educated being a school teacher knowing that he was married clearly had consensual sex with the man and had all fun and satisfied her lust and then to extort the man levelled RAPE allegation so that she gets a huge free easy money to support her family’s financial needs

The man who must have been harassed and pressured to plead guilty. If he has really commited a crime of RAPE then he should be convicted and not be let off after paying up for the sex. These kind of judicial posturing would mean Rich can get away with henious crimes by owning up and paying up.

It also points out that JUSTICE for RAPE victims is MONEY AND MONEY because such case of failed relationship sex are converted to RAPE just to extract from MONEY non suspecting men and the judiciary is so very happy to support promote and legalise such extortive women.

 

Man told to pay rape victim Rs 1 lakh

NEW DELHI: A Delhi court has directed a man to pay compensation of Rs 1 lakh to an MCD school teacher after holding him guilty of raping her.
Additional sessions judge Kamini Lau sentenced Azaz Ahmed, a cab driver, to the jail term that he had already served during his incarceration in judicial custody.
The court’s order came after Ahmed pleaded guilty of the charges levelled by the victim who said the convict, who was already married, raped her a number of times between January and September 2007 after promising to marry her. The victim had also alleged she was forced to abort a child on August 14, 2007 by the convict as she conceived due to the forced relationship.
During the trial, the convict, who used to pick up and drop children to a MCD school, admitted his guilt as the victim recorded her statement before the court detailing the incidents, leading to registration of a criminal case against the convict with Jahangirpuri police station here.
“After the accused has expressed his desire to plead guilty, the victim orally told the court that she has forgiven the accused and does not wish to pursue the present case further.
“She has told the court that she and her family are in a state of destitution because after this incident, when her parents came to know about her relationship with the accused, they went into a state of depression,” the court noted.
Besides ordering convict to pay up, the court directed the investigating officer to put the family of the victim, on contractual basis, under the care of an NGO working in the area to provide necessary assistance by way of counselling and rehabilitation of her and her family.

http://timesofindia.indiatimes.com/city/delhi/Man-told-to-pay-rape-victim-Rs-1-lakh/articleshow/6088613.cms

IRRETRIEVABLE BREAKDOWN OF MARRIAGE-GROUND FOR DIVORCE-PROS&CONS-ON DD NEWS CHANNEL, EPISODE OF SHANIVAR CHARCHA-26jun2010

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Delhi court observation in DP3-Dowry givers should also be prosecuted

Dowry givers should also be prosecuted: Court

New Delhi, Jun 27 (PTI)

Observing that the anti-dowry law has been reduced to a ''paper tiger'' due to the bride's family giving away dowry in many cases, a court here said they also need to be prosecuted like the groom's family to eliminate the social evil.

"Dowry is a two way traffic and unless there is a giver there can be no taker and it is for this reason that in order to eliminate this evil both the giver and taker have been made liable (under Section 3 of the Dowry Prohibition Act)," Additional Sessions Judge Kamini Lau said.
"It is not possible to leave one and book another," the court said while resenting the prevalent practice of the bride's family giving dowry.
"It is unfortunate that this legislation has been reduced to a mere paper tiger and what is more unfortunate is the fact that it is none else but the family of the woman (involved in the marriage) who is responsible for non-accomplishment of this legislation," the court said.It further said the social welfare legislation meant to remove the evil of dowry should be implemented effectively.
"Dowry is shamelessly demanded, given and received under the pretext of social compulsions. It is time that this social welfare legislation (Dowry Prohibition Act) is ruthlessly implemented and none is permitted to take the shield of social compulsions. This has become all the more necessary in order to check the misuse and abuse of Special Laws," ASJ Lau said.
The court also said the expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of authorities for levying taxes.It passed the observations while dismissing a plea of a woman seeking to quash criminal proceedings initiated against her family for giving dowry, which came following a complaint by her husband who faced dowry harassment charges.
In the case, Uma Devi, estranged wife of Sunil Garg, had challenged the order passed by a Metropolitan Magistrate in October last year directing registration of an FIR against her family members for giving dowry during her marriage in April 2008.The magistrate had ordered registration of the FIR on Garg's complaint referring to her admission of giving gifts and money to his family.

http://www.deccanherald.com/content/77747/dowry-givers-should-prosecuted-court.html

http://www.ptinews.com/news/745512_-Bride-s-family-too-needs-to-be-prosecuted-for-dowry--

Laws of the bedroom

Laws of the bedroom

Most law graduates remember the case distinctly. In 1954, K. Balavendram vs. S. Harry, the Madras High Court declared the husband impotent on the ground that his abnormally large sex organ rendered sexual intercourse impracticable.

More than five decades later, the long arm of the law is still creating bedlam in the bedroom. Some legislations have an impact on conduct between the sheets.

Impotency: A virile man can be declared impotent under the Hindu Marriage Act, 1955 empowering his wife to seek divorce on the ground of impotency. The legal definition of impotency may not necessarily be based on the person’s medical condition. Courts simply define impotency as “incapacity to have sexual intercourse”.

Cruelty: A spouse’s wilful refusal to have sex with the other, amounts to cruelty, a ground for divorce under the Hindu Marriage Act. Maintaining that a normal and healthy sexual relationship is the basis of a harmonious marriage, courts have held that wilful denial of a sexual relationship by a spouse when the other is anxious for it, amounts to mental cruelty.

Adultery: In matrimonial law, adultery means intercourse with a person of the opposite sex outside wedlock. This is a ground for divorce. But adultery is a criminal offence as well. Section 497 of the Indian Penal Code (IPC) says a man’s sexual intercourse with a married woman without the consent or connivance of her husband amounts to adultery. Strangely, the law punishes only the man for adultery and treats the woman as a victim of the crime.

Marital rape: At present marital rape is not a crime. An amendment was proposed to Section 375 that defines rape. The government has reportedly dropped the proposal to make marital rape an offence. “If wilful refusal to have sex with one’s spouse is bad, forcible sex is worse,” says senior advocate Pinky Anand. “But before making it punishable, we need to weigh its pros and cons.”

http://www.hindustantimes.com/Laws-of-the-bedroom/Article1-563714.aspx

IRRETRIEVABLE BREAKDOWN OF MARRIAGE-GROUND FOR DIVORCE-BENEFICIAL OR NOT- P7 news 20jun10

 

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