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

 

Most MPs against women's bill: Sharad Yadav

Most MPs against women's bill: Sharad Yadav

NEW DELHI: Continuing his opposition to the Women's Reservation Bill, Janata Dal-United (JD(U)) president Sharad Yadav says that 90 percent of MPs are against the bill that seeks to set aside a third of all seats in India's legislatures for women.
"If there is no party whip, 90 percent of the MPs will oppose the bill, whether they are from the UPA (United Progressive Alliance) or the NDA (National Democratic Alliance), whether they are from backward classes or upper castes, whether they are male or women MPs," Yadav claimed in an interview.
Will the women's bill, passed by the Rajya Sabha on March 9, be introduced in the Lok Sabha?
"You may ask that question to the UPA managers. It will face stiffer opposition in the Lok Sabha from us and like-minded parties such as the Samajwadi Party and the Rashtriya Janata Dal (RJD)," Yadav told IANS.
"And I can tell you the bill will fall flat if there is no whip," said Yadav, 63, a seventh-time Lok Sabha MP and convenor of the NDA that is led by the Bharatiya Janata Party (BJP).
Differences had surfaced in the JD(U) when the women's bill was passed in the Rajya Sabha.
While most of the seven JD(U) Rajya Sabha MPs supported the bill, the 20 party MPs in the Lok Sabha led by Yadav opposed it. JD(U) leader and Bihar Chief Minister Nitish Kumar supported it, saying the legislation was one whose time had come.
Sharad Yadav joined the other Yadav duo - Samajwadi's Mulayam Singh Yadav and RJD's Lalu Prasad - to protest against the bill in the Lok Sabha. They received the indirect support of Mamata Banerjee's Trinamool Congress, whose two MPs abstained from the voting, in the Rajya Sabha although the party is a member of the Congress-led UPA alliance.
The bill, which provides for 33 percent reservation for women in the Lok Sabha and state assemblies, was passed with an overwhelming majority in the Rajya Sabha. The BJP, other constituents of the NDA and the Left supported it.
The bill is yet to be introduced in the Lok Sabha.
As the Yadav trio and their supporters staged noisy protests in the Lok Sabha, Leader of the House Pranab Mukherjee stated that the bill would be introduced only "after wider consultations" with all parties.
The JD(U) and other parties want a sub-quota for women from other backward classes (OBCs) and minorities in the seats reserved for women.
According to Yadav, the bill in the present form will benefit only "a few elite women from the metros".
"It has only the support of some vocal Delhi-based NGOs. Not even from other cities," he said.
Then why are the Congress, the BJP and other parties supporting it?
"Let all parties allow a free discussion and withdraw the whip. The frank opinion of the MPs and the cadres will be heard then," the JD(U) leader said.
Yadav said the differences over the bill was not a major obstacle in his alliance with the BJP in Bihar.
"You may not agree on all issues in an alliance. Similarly, Nitish might not have personally agreed to opposing the bill. But we are all united in the JD(U) and the NDA."
Then why did the JD(U) members support the bill in the Rajya Sabha?
"Sometimes, as a party, you may have to make some tactical moves. But I can tell you that all our MPs in the Lok Sabha are united in opposing the bill."
If the JD(U) is for reservations for women from OBCs and minorities, will it nominate women from those sections in the coming elections to the Bihar assembly?
"We have been trying to empower women. But the selection of candidates depends on their winnability too," Yadav said.

http://timesofindia.indiatimes.com/India/Most-MPs-against-womens-bill-Sharad-Yadav/articleshow/6154851.cms

CJI: Lack of settlement culture behind backlog

CJI: Lack of settlement culture behind backlog

Chief Justice of India S.H.Kapadia (L)addressing the National Conference on

Mediation in New Delhi on Saturday. Photo: S. Subramanium

NEW DELHI: If the judiciary is to be rescued from the "mess" of heavy pendency of cases, then the high courts and the Supreme Court have to take the lead in encouraging mediation and conciliation for settlement of litigation, the country's seniormost judges said on Saturday.
It was an impassioned appeal from Chief Justice of India S H Kapadia and two seniormost judges of the Supreme Court to a gathering of judges and Chief Justices of High Courts to encourage litigants to resort to mediation, arbitration and conciliation for settlement of disputes rather than litigate endlessly without any guarantee of a fair result.
Justice Kapadia said India did not have a settlement culture and lawyers would not encourage settlement of disputes as many did not have work. "When litigation is the only source of livelihood, will such a lawyer ever encourage settlement? So, it is for the judges to make litigants understand the value of mediation and settlement," he said.
But for a litigant to choose mediation, he must have faith in the mediators, who should be trained and could provide solutions apart from driving home the point the cost-effectiveness of the process outside the court, the CJI said.
But, it was Justice Raveendran who nailed the issue on its head. He said there was a sense of anxiety and frustration building up among the litigants because of the inherent lacunae in the present justice delivery system -- delay, uncertainty, inflexibility, cost, difficulty in enforcing decrees and the unfriendly atmosphere in the courts.
"But, who will make mediation successful? The government is not going to do it. The lawyers will not encourage it. The litigant is not in a position to understand the benefits of mediation and conciliation. So, it is for the judges to take the lead in making litigants understand the value of mediation," he said.
As Justice Raveendran gave convincing arguments for mediation during the inaugural session of National Conference on Mediation, Justice Altamas Kabir watched him with disbelief. "Justice Raveendran himself was an unbeliever in this alternative dispute redressal mechanism but now he has become a promoter of it. And this says a lot about the inherent benefit in the ADR system," he said.
Gauhati High Court Chief Justice Madan Lokur, as member of the Mediation and Conciliation Project Committee of the Supreme Court, offered to every high court the help needed to set up infrastructure for mediation centres and training of mediators.
dhananjay.mahapatra@timesgroup.com

http://timesofindia.indiatimes.com/India/CJI-Lack-of-settlement-culture-behind-backlog/articleshow/6153151.cms

..

Chief Justice of India S.H. Kapadia on Saturday said setting up of commercial courts to achieve quick disposal of cases is being considered as other judges of the apex court favoured promotion of alternative dispute resolution mechanism to reduce the burden on courts.

Speaking at a seminar on mediation, Justice Kapadia blamed lack of settlement culture in the country for the rise in pendency of cases and people not preferring out-of-court resolution of disputes.

"We are thinking of setting up commercial courts," he said.

Speaking about huge arrears of cases in courts, Justice Kapadia said "in India we, do not have a settlement culture. People are not picking settlement culture (in India).

"Mediation and arbitration as a mode of dispute settlement is popular and successful in other countries," he said.

"We must understand the value of time. This is one of the areas we need to focus on how to promote that culture," he said.

Other Supreme Court judges at the conference also expressed similar views and emphasised the need to promote alternative dispute resolution mechanism to reduce the pressure on courts.

"Nobody can be blamed for the load of work we have. But we have to find a solution to get out of this mess," Justice Altamas Kabir, the senior-most judge, said.

"It has become difficult to pay attention to the cases which deserve attention because of increasing number of cases.

"Space is to be created in courts to deal with cases which cannot be resolved through mediation like criminal, election and administrative cases," Justice R.V. Raveendran said.

"We need to have space to focus on important cases," he said.

Courtesy http://www.thehindu.com

Bill allowing adoption by single women in next session

Bill allowing adoption by single women in next session

The Bill seeking to amend the Guardians and Wards Act, 1890 and the Hindu Adoptions and Maintenance Act 1956 to pave the way for adoption by widows and single women will be passed in the coming session of Parliament, said Jayanthi Natarajan, Chairperson of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice. The Personal Laws (Amendment) Bill, 2010, was introduced in Rajya Sabha on April, 22, 2010 and referred to the standing committee for eliciting public opinion on the issue.

Talking to reporters after holding discussions with officials of the State government and various Public Sector Undertakings (PSUs), Ms. Natarajan said there was unanimous opinion in favour of the Bill. The committee had already visited Mumbai and Bangalore.

Ms. Natarajan said the issue of adopting a “flexible policy,” with regard to promotion, leave and vacation for women in government jobs, was also discussed.

“Many women refuse to accept promotional transfers citing family responsibility. The committee has suggested that the PSUs and other government agencies could formulate a flexible promotion and transfer policy for women employees.”

While discussing the issue of sexual harassment of women in the workplace, the committee evaluated whether the guidelines set up by the Supreme Court in Vishaka case were being followed. She said the Centre was considering enacting a law in this regard and the private sector could be covered at a later stage.

The meeting on Saturday also discussed in detail the infrastructure facilities, appointments in subordinate courts and the possibility of courts functioning in shifts, re-employment of retired judges and setting up fast-track courts for speedy disposal of cases with regard to rape, sexual harassment and cases involving senior citizens.

Ms. Natarajan said the situation in Tamil Nadu was better in terms of infrastructure. Vacancies were filled immediately and judges were given training periodically.

She said no representation was made to the committee in connection with making Tamil a court language.

http://beta.thehindu.com/news/national/article474229.ece

No opening up of legal sector to U.K. yet: Moily

No opening up of legal sector to U.K. yet: Moily

Hasan Suroor

LONDON: Union Minister for Law and Justice Veerappa Moily on Saturday ruled out an early decision on Britain's long-standing demand for access to India's legal market, saying that the government could not bulldoze the country's more than one million lawyers into accepting foreign competition overnight.

Mr. Moily's remarks came ahead of British Prime Minister David Cameron's visit to India in a few weeks when he is expected to press New Delhi on this and other “protectionist'' measures.

Mr. Cameron's decision to go to India barely weeks after assuming office is being portrayed here as a reflection of his desire to build a “special'' or “enhanced” relationship with it but, apparently, it comes with a price tag that New Delhi may not be able to afford politically.

Mr. Moily made clear that the government would not impose a decision on the legal community and pointed out that even Britain took a long time before opening up its legal sector to Americans.

“There are more than one million lawyers in India and we have to carry them with us,” he said.

He said the Bar Council was preparing a “road map” but he was not willing to say when it would be ready and implemented.

“I don't want to get into that,” he said firmly.

Mr. Moily, however, stressed that the issue should not be allowed to distract from the efforts of the two countries to raise the level of their relationship. India “enthusiastically” welcomed the Cameron government's desire to build a “special” relationship, he said describing his own talks in London as “very warm, cordial and fruitful.”

During his three-day visit, at the invitation of the Secretary of State for Justice Kenneth Clarke, he had wide-ranging discussions on “enhancing collaboration between the judicial and legal systems of the two countries by sharing mutual experiences.”

“Mr. Kenneth Clarke told me about the high regard he has for our Prime Minister Dr. Manmohan Singh and how much he admires the transformation that has taken place in India particularly in the Indian economy under Dr. Singh's leadership. Mr. Clarke also acknowledged India's powerful regard for the rule of law and spoke of the challenges the Indian judicial system faces,” he said.

Mr. Moily also met the Chief Justice of the newly created Supreme Court and other senior legal figures.

http://www.hindu.com/2010/07/11/stories/2010071153781100.htm

CIC to Delhi Govt: put all draft bills in public domain

CIC to Delhi Govt: put all draft bills in public domain

To keep citizens better informed on the government's proposed policies, the country's transparency watchdog has directed Delhi government to put all its draft-stage policies and legislations in public domain. The Central Information Commission (CIC) issued the order after a Right To Information applicant, 

Venkatesh Nayak of Sarvodaya Enc-lave, didn't get a copy of the draft Delhi Police (Amendment) Bill, which have implications of how the police function in the Capital. Nayak had to lodge a complaint with the CIC against the Delhi Police and the Home Department for failing to voluntarily disclose the information under Section 4 of the RTI Act. The two bodies, then, uploaded the draft legislation on their websites for public comments.

"The public authority should have disclosed the contents of the Delhi Police Bill suo moto. By omitting to do so, the very purpose of Section 4 of the RTI Act stands defeated," said Information Commissioner Shailesh Gandhi, in his order.

He said the Commission has observed that the Delhi government was not fully complying with Section 4 of the Act. "The commission is of the view that the citizens must be provided with the means to debate legislative and policy changes which are likely to affected public lives," the order read.

http://www.hindustantimes.com/CIC-to-Delhi-Govt-put-all-draft-bills-in-public-domain/Article1-570488.aspx