Sunday, September 7, 2014

Infidelity (Adultery) and Divorce, Women rampantly misuse and abuse 498a dowry laws for a Quick Divorce, Quick Big Alimony and take Revenge

Infidelity (Adultery) and Divorce - A programme on Gender Discourse on LoksabhaTV 28 August 2014

Women rampantly misuse and abuse 498a dowry laws for a Quick Divorce, Quick Big Alimony and to take Revenge.

Panelist :-
Geeta Luthra, Sr Advocate, SC
Amrita Sharma, Author
Dr manju Mehta, Clinical Psychologist, AIIMS
Anchor - Lotty Alaric

Part 1of 2





Part 2 of 2




Tuesday, August 12, 2014

Bahu can't occupy in-laws' own property: Delhi high court

Bahu can't occupy in-laws' own property: Delhi high court

Abhinav Garg,TNN | Aug 11, 2014

NEW DELHI: A daughter-in-law has no right to continue to occupy the self-acquired property of her parents-in-law against their wishes, the Delhi high court has held in a significant order.

Justice A K Pathak in a recent verdict, made it clear that a self-acquired property doesn't fall under the definition of a "shared household" enunciated in the Domestic Violence Act and a daughter in law can't enforce her right in such a property.

In fact, HC went a step further, holding that even an adult son or daughter has no legal right to occupy the self-acquired property of the parents against their consent.

"Daughter-in-law cannot assert her rights, if any, in the property of her parents-in-law wherein her husband has no right, title or interest. She cannot continue to live in such a house of her parents-in-law against their consent and wishes. In my view, even an adult son or daughter has no legal right to occupy the self-acquired property of the parents; against their consent and wishes. A son or daughter if permitted to live in the house occupies the same as a gratuitous licensee and if such licence is revoked, he has to vacate the said property," the court noted in its order

HC was hearing an appeal by the daughter-in-law against a trial court's verdict directing her to hand over peaceful and vacant possession of the property to her estranged father-in-law. In her plea in HC the woman said she is a legally wedded wife and has a right to live in the property from where her father-in-law wants her evicted.

She claimed that the property was purchased out of joint family funds. Accusing the father-in-law and husband of harassing her for dowry, she informed HC that she is living separately from her husband due to matrimonial discord and divorce proceedings are on. Under DV Act, the property is a shared household where she has the right to reside, the wife maintained.

But the father in law through advocate Prabhjit Jauhar told HC that he is sole owner of the self-acquired property. Jauhar also convinced the court that the property was not purchased from joint family funds and his son had no share in it.

The father-in-law furnished before the court proof that he disowned his son in 2010 who has since then been living separately.

Justice Pathak concluded that the legal position "which can be culled out from the above reports is that the daughter-in-law has no right to continue to occupy the self -acquired property of her parents-in-law against their wishes more so when her husband has no independent right therein nor is living there, as it is not a "shared household" within the meaning of Section 17(1) of The Protection of Women from Domestic Violence Act, 2005."

HC also took into account lack of evidence to show that suit property was purchased from joint family funds.



Friday, August 8, 2014

Is ipc 498a really invalid and had been repealed ? SC examines

Is ipc 498a really invalid, redundant and had been repealed ?

Well. lets us do a small search and find out

Go through the pdf at the below link for The Criminal Law (Second Amendment) Act, 1983 (46 of 1983)


The Amendment of Act 45 of 1860 is the amendment through which IPC 498a was inserted in Chapter XXA of the IPC. 

Here is the copy of the Repealing and Amending Act, No. 19 of 1988, on March 31, 1988 


Now if one scrolls down through the years to 1983 one finds 

1983                         46                       The Criminal Law (Second Amendment) Act, 1983  The whole

Screenshot below




So as per Repealing and Amending Act, No. 19 of 1988, on March 31, 1988 The Criminal Law (Second Amendment) Act, 1983 (46 of 1983) through which IPC 498a had been repealed as a whole, simultaneously if that is the argument then all the amendments to Crpc sections of 174,176,198-A and Section 113 of Indian evidence act are also invalid.

Here is the link to THE REPEALING AND AMENDING ACT, 2001.ACT NO. 30 OF 2001.[3rd September, 2001.]

http://www.helplinelaw.com/docs/THE%20REPEALING%20AND%20AMENDING%20ACT,%202001

which repeals the "Primary" Repealing and Amending Act, No. 19 of 1988, of March 31, 1988 that is said to have repealed IPC 498a.


So the only point that stands is that IPC 498a was INVALID in period between 31st  March 1988 and 3rd September 2001, else there is NO force in the arguement of Pandit Parmanand Katara on the current invalidity of IPC 498a (and other relevant sections of CRPC and IEA) due to the effect of Repealing act 1988 and is therefore is more likely to fall flat.

Surely there is NO option but to make the IPC 498a BAILABLE to stop massive Misuse and abuse of this controversial and notorious draconian anti human right law


Below is Screenshot of THE REPEALING AND AMENDING ACT, 2001.ACT NO. 30 OF 2001, the portion marked in RED is the area of interest



It would be very interesting to watch the the solicitor general and legal eagles rebutt.

Mark your calender for date 14th August 2014 !

The full news is below 



SC to check validity of wife-harass law

R. BALAJI

The Supreme Court

New Delhi, Aug. 6: The Supreme Court has agreed to examine whether the controversial Section 498A of the Indian Penal Code, dealing with harassment of a wife, is valid or not following a claim that the law was repealed in 1988.

“If that is so, are we convicting and prosecuting people under an invalid law?” a bench headed by Justice H.L. Dattu asked, directing solicitor general Ranjit Kumar to respond to the claim. Kumar sought two weeks’ time.

The bench, which also included Justices P.C. Ghose and Arun Misra, listed the matter for August 14.

Section 498A, which provides for punishment of a husband and/or his relatives for subjecting a woman to cruelty or harassing her, has been the subject of controversy following claims that it was being abused by some women to get back at estranged husbands and in-laws.

The apex court, which recently ruled that no person accused of an offence punishable with imprisonment up to seven years should be arrested without proper investigation, had specifically mentioned that Section 498A was sometimes being used as a “weapon rather than a shield by disgruntled wives”.

On Monday, senior counsel Pandit Parmanand Katara, appearing for the petitioner, Ravindra alias Ravi, told the court that Section 498A could not be invoked in the country because it was repealed in 1988.

Ravi is challenging Uttar Pradesh police’s decision to invoke the section against him and his family members on the basis of a complaint by his estranged wife.

The petitioner has alleged that the provision is being misused by his wife, whom he has accused of adultery and of extorting Rs 11 lakh from him with threats of false complaints of harassment.

The couple were married on February 24, 2012, in Mathura district according to Hindu customs and rites. The wife filed the case under Section 498A on January 18, 2013, following which Ravi and his family members were arrested. They are now out on bail.

According to the petitioner, Section 498A of IPC, inserted in Chapter XXA of the IPC after the Criminal Law Amendment Act, 1983, on December 25, 1983, vide Act No. 46 of 1983, was repealed “as the whole” by the Repealing and Amending Act, No. 19 of 1988, on March 31, 1988. As such, it cannot be treated as law, Katara told the bench.

The lawyer said that since the provision had been repealed, its application by police and consequent judicial proceedings were arbitrary, unconstitutional, void in law and hence violative of Articles 14 (right to equality) and 20 (prohibition against conviction for violation of any non-existent law) and 21 (right to liberty) of the Constitution.

It is mandatory for any law or amended provision to be notified in the official gazette after the presidential notification. Any subsequent repealing act is also notified in the gazette.

Katara told The Telegraph he was in possession of the notification relating to the repealed act. “Yes, I have copies of the repealed notification. I had given three copies to the bench. It is now for the government to rebut my assertion,” he said.

The counsel, however, admitted that the repealed act is not reflected in the official gazette. But he said it was for the government to explain.

Sources close to the solicitor general said the government does not have any material to show the act was repealed. “We are examining the matter further. But, for the moment we do not have any material to say that the act was repealed. Just wait and see when the case comes up for hearing,” a top law officer said.




Wednesday, August 6, 2014

Discussion on sexual harassment at work place

Discussion on sexual harassment at work place on Haryana Express

Ritwik Bisaria puts the reality check in correct perspective


Centre Stage: Model's avaricious greed for fame the reason behind rape case? Misuse of Sexual Assault women biased laws ?

Centre Stage: Model's avaricious greed for fame the reason behind rape case?


Amit Lakhani unmasks the feminists web of lies and skewed arguments.

Are laws against sexual assault being misused? It is because of suspect cases like these that genuine cases of sexual harassment and rape get discredited easily. This model who slapped a case of rape and harassment on Mumbai DIG Sunil Paraskar may not have had the correct motives, it has recently come to light. Listen to this clip to know more.



Home ministry issue Fresh Advisory to curb Misuse of ipc 498a

Home ministry issue Fresh Advisory to curb Misuse of ipc 498a 

Are laws against sexual assault being misused?

Are laws against sexual assault being misused?

In a dramatic twist in the rape case against Mumbai DIG Sunil Paraskar, the CCTV footage of a meeting between the model and her former lawyer Rizwan Siddiqui accessed by CNN-IBN suggested that the model wanted to tarnish the DIG's image and gain publicity to enter a reality television show. The revelation also raised question whether the laws against sexual assault are being misused.

http://ibnlive.in.com/videos/490485/are-laws-against-sexual-assault-being-misused.html

Youtube link



Tuesday, August 5, 2014

Rape cases: Scripted FIRs fail court test

Rape cases: Scripted FIRs fail court test

August 1, 2014 

In cases of alleged elopement, The Hindu found, the complainant was almost always named as being 14 years old in the FIR.

Going by FIRs, most rape cases in Delhi in 2013 involved 14-year-old girls who were given intoxicant-laced cold drinks, abducted and assaulted. But The Hindu’s study of 600 court judgements shows this could not be further from the truth.

Police stations follow an informal script to record sexual assault cases, conversations with police officials and judges revealed. Madhu Mehra, feminist lawyer and executive director of Partners for Law in Development, says that their studies have shown the same.

In cases of alleged elopement, The Hindu found, the complainant was almost always named as being 14 years old in the FIR. This automatically makes her partner liable to be accused of abduction and rape and any marriage ruled invalid, police officials explained. Moreover, poorly educated parents were often unaware of the exact age of their daughters, one officer added.

To make the case sound as if the girl was abducted and did not go with the boy with her consent, an element of intoxication is added to the FIR, usually a “cold drink laced with a sedative”.

The problem is that none of this stands in court. In almost all of the 174 cases of elopement, the complainant was ruled to not be a minor by the court; only 10 cases resulted in statutory rape convictions. “So much time of the court is wasted in deciding this issue when the parents know from the start that she is a major,” one judge complained. Further on not one of 583 cases examined by The Hindu was the police able to produce any proof of intoxication.

For ‘promise of marriage’, another script is deployed: the accused is first described as having committed sexual assault on the complainant anywhere between two and 13 years before the FIR was filed; subsequently, the FIR says, she asks the accused to marry her, he continues having sexual relations with her for several years under this promise and ultimately calls it off with one last non-consensual encounter. “We tell the girl that you will have to say that at least the first time and most recent time was without your consent for it to go to court,” one police official said frankly.

None of this stands in court either; the only 12 promise of marriage cases that saw convictions were ones in which there was clear deceit, such as the accused being already married. At least two complainants interviewed by The Hindu corroborated this.

Even while activists often use the low conviction rate in rape cases (27% for India in 2013) to make the point that the police and judicial system are stacked against victims of rape, the judges The Hindu interviewed were equally insistent that the conviction rate be highlighted because it showed how poor the quality of evidence coming before them was. “The acquittal rate clearly shows that most of the cases coming before us are not rape cases as you might imagine them like the Nirbhaya case,” one judge said.

As a result of the sheer number of such cases, in off-the-record conversation with The Hindu at the least, both cops and judges said they tended to be sceptical of cases in which the complainant and the accused are romantically involved. When asked of cases in which a couple is romantically involved but the boy might sexually assault his partner, one judge shrugged it off; “If he beats her or attacks her there may be a case, but this never happens.” Intensely conscious of media scrutiny of their rulings, judges however were quick to add that their reading of ‘reality’ never biased them against outcomes.

The Hindu’s investigation of district court judgements on sexual assault indicate that a great distance is travelled between the FIR and the court judgement and at both ends of the process, risks are building. At the first instance, relying on FIRs for data on sexual assault or a framework for sexual assault in India may be unreliable. Moreover, media articles relating to a number of the cases looked at by The Hindu indicated that the media reports the FIR nearly verbatim without contacting the accused, and rarely follows up except in high-profile cases.

Tuesday, July 29, 2014

Genuine compromise can make ipc 498a compoundable but Can’t nix rape case even after compromise: SC | Isnt it genuinely promoting extortion ?

Genuine compromise can make ipc 498a compoundable but Can’t nix rape case even after compromise: SC  | Isnt it genuinely promoting extortion ?

Dhananjay Mahapatra,TNN | Jul 29, 2014, 12.16 AM IST

NEW DELHI: Dowry harassment cases are personal in nature and can be quashed if the estranged couple reach a "genuine" compromise, the Supreme Court has ruled.

A bench of Justice Ranjana Desai and N V Ramana drew a contrast between offences under Section 498A IPC and heinous crimes like rape and murder, though all three categories of offences are non-compoundable.

It said Section 320 of the Criminal Procedure Code provided the list of offences that could be compounded after parties reached a compromise and the courts have to strictly follow that.

Writing the judgment for the bench, Justice Desai said, "It is, therefore, not possible to permit compounding of offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. However, if there is a genuine compromise between husband and wife, criminal complaints arising out of matrimonial discord can be quashed, even if the offences alleged therein are non-compoundable, because such offences are personal in nature and do not have repercussion on society, unlike heinous offences like murder, rape etc."

The judgment came in a case related to a complaint under Section 498A and Section 4 of Dowry Prohibition Act by a woman against her husband and parents-in-law. Though the Madhya Pradesh high court acquitted the parents-in-law, it upheld the conviction of the husband. However, the HC reduced the sentence of the husband to six months imprisonment from two years sentence imposed by the trial court.

In the apex court, the estranged couple reached a compromise with the husband agreeing to pay Rs 2.5 lakh in addition to bearing the cost of litigation. The woman pleaded for quashing of the case against her estranged husband. The standing counsel for Madhya Pradesh opposed quashing the case.

The bench examined whether the apex court could reduce the sentence in a case where the conviction has been upheld by the trial court and the high court. The court found that though Section 498A of IPC did not prescribe a minimum sentence, Section 4 of the Dowry Prohibition Act provided a minimum six-month sentence.

The court was in a dilemma even after coming to the conclusion that appellate courts could reduce sentence to the period already undergone despite the minimum sentence provided for. The dilemma arose because the husband had been in jail for just seven days.

The bench rejected the state's objection to the compromise and said, "We see no reason why in this case we should not reduce the husband's sentence to the sentence already undergone by him. There can be no doubt about the genuine nature of the compromise between the husband and wife." It recorded the compromise and relieved the husband of further imprisonment.

Source-http://timesofindia.indiatimes.com/india/Cant-nix-rape-case-even-after-compromise-SC/articleshow/39186138.cms

Sunday, July 27, 2014

Govt mulls amendments to anti-dowry law to add clause for misuse of ipc 498a

Govt mulls amendments to anti-dowry law to add clause for misuse of ipc 498a

As on PTI | Jul 27, 2014, 10.26 AM IST

NEW DELHI: Keeping in view the rising number of complaints regarding the misuse of anti-dowry law, Centre is mulling to introduce penal provisions in the act that will ensure punishment or penalty to those who make false charges.

The Union ministry of women and child development is also contemplating giving more teeth to the Dowry Prohibition Act by strengthening the existing provisions and widening the definition of 'dowry'.

"Recently, a rise in the incidents of misuse of the anti-dowry law has come to the notice of the ministry. In some cases, women falsely implicate their husbands and in-laws for various other reasons.

"If the allegations turn out to be false, the case gets closed. So there are discussions going on about changing some provisions under which the misuse of the act may invite punishment or penalty," an official in the ministry said.

Earlier this month, the Supreme Court had directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC (dowry harassment) is registered but to satisfy themselves about the necessity for arrest under the parameters laid down flowing from Section 41 of Criminal Procedure Code".

While giving the direction, the apex court had expressed concern over the misuse of the anti-dowry law by "disgruntled" wives against her husband and in-laws and noted that the act was being increasingly used to harass in-laws.

According to ministry officials, the amendments may include widening the definition of 'dowry' by changing the words 'in connection with marriage' to 'given before the marriage, at the time of marriage and at any time after the marriage'.

 The officials said that there was also "a proposal to link certain provisions of the Domestic Violence Act to the Dowry Prohibition Act to provide quick relief".

Notifying the list of gifts exchanged during the wedding may also be made a mandatory and failure to do so could invite heavy penalties including a three-year jail term not only to the bride and the groom but also to their parents.

"Notification of the gifts during the wedding will help in checking any claim from being made later that they were part of dowry," the officials said.

In addition to this, a new clause may be incorporated which will provide an aggrieved woman the opportunity to file her case either at the place where the offence was committed or where she permanently or temporarily resides, they said.

The National Commission for Women (NCW) had also proposed recommendations to amend the Dowry Prohibition Act in 2009.

Source-http://timesofindia.indiatimes.com/india/Govt-mulls-amendments-to-anti-dowry-law/articleshow/39095407.cms


Saturday, July 26, 2014

Decide maintenance amount afresh, says Delhi court

Decide maintenance amount afresh, says Delhi court

Press Trust of India  |  New Delhi  July 25, 2014 

A sessions court here has directed a magisterial court to decide afresh the maintenance amount awarded to a woman and her children in a domestic violence case after her husband claimed that his total income was less than the awarded sum. 

A direction to this effect was given by Additional Sessions Judge (ASJ) Gautam Manan to a magisterial court. 

The judge allowed the man's appeal challenging the magisterial court's order directing him to pay Rs 5,000 per month in maintenance to his estranged wife and his children, saying the magistrate had not considered the proof about the woman's income and assets while fixing the amount. 

"I find that the trial court has passed the orders awarding maintenance without considering the proof of income of the respondent (woman)and her financial assets, if any. 

"Before passing the orders of the maintenance, the trial court ought to have directed both the contesting parties to disclose their income and assets on affidavits...Hence the orders suffers from material irregularity and is set aside," the ASJ said. 

The judge directed the magistrate to re-decide the quantum of maintenance after taking the affidavits of the parties (man and woman) and after giving due consideration to their rival contentions in respect of their earnings. 

The man, a resident of Ambedkar Nagar in Uttar Pradesh, had challenged the January 2014 order of a metropolitan magistrate on the ground that his total monthly income was less than the awarded maintenance amount and hence he was incapable of paying it every month. 

He had claimed that he was living in a remote village, 1000 km away from Delhi, and that his wife had already taken away sufficient jewellery and clothes with her. 

He also claimed that he was ready to keep his wife in his house but despite his repeated requests, she had refused to stay with him. 

The ASJ, while allowing the man's appeal, noted that his wife had not said anything in response.


Thursday, July 24, 2014

Madhu Kishwar debates on Maneka Gandhi WCD minister's proposed amendment of Domestic Violence Act to protect Mothers-in-laws

Madhu Kishwar debates on Rajya Sabha TV on 23rd July 2014 on topic of Maneka Gandhi WCD minister's proposed amendment of Domestic Violence Act to protect Mothers-in-laws 
Panelists include
Madhu Purnima Kishwar of Centre for the Study of Developing Societies (CSDS)
Nalin Kohli, BJP spokesperson
Priya Hingorani, SC lawyer/Feminist
Prof. Vivek Kumar, Sociology, JNU
Anchored by Arafaan Khanam Sherwani



Delhi Commision for Women (DCW) chairperson welcomes Maneka Gandhi saying that Domestic Violence Act must protect Mothers-in-Law too. DCW admits to misuse of 498a and dowry laws by Daughter In-laws

Delhi Commision for Women (DCW) welcomes Maneka Gandhi decision that Domestic Violence Act must protect Mothers-in-Law too. DCW admits to misuse of 498a and dowry laws by Daughter In-laws




Wednesday, July 23, 2014

Not just daughters-in-law, Maneka Gandhi says Domestic Violence Act must protect mothers-in-law too

Not just daughters-in-law, Maneka Gandhi says Domestic Violence Act must protect mothers-in-law too

Abantika Ghosh | New Delhi | Published: Jul 23 2014, 08:59 IST

SUMMARY
Women and Child Development Minister Maneka Gandhi wants the Domestic Violence Act amended to allow women to seek protection from their daughters-in-law also

Women and Child Development Minister Maneka Gandhi wants the Domestic Violence Act amended to allow women to seek protection from their daughters-in-law also.

The present law only provides for protecting women from domestic violence by any man with whom they live or have lived in a “shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption, or are family members living together as a joint family”. It does not allow women to be charged under the law.

According to sources, Maneka has asked officials to work on incorporating a provision under which women who face violence by their sons and daughters-in-law can also approach the protection officers.

“Many cases have been brought to the notice of the minister where elderly women have been misbehaved with or even tortured by their sons and daughters-in-law for property or other reasons. Even when the case is genuine, no action can be taken against the daughters-in-law under the law. The minister feels that the law should protect all women, regardless of their relationship with the oppressor. We are exploring legal options and will move an amendment soon,” said a source close to Maneka.

However, legal experts said allowing women to be charged under the law may defeat its very purpose, as a slew of counter-cases may be filed in response to genuine complaints. While the present law allows an oppressed woman to move against her son, the daughter-in-law has “immunity”. Challenging this “immunity” may threaten the very edifice of not just the Domestic Violence Act but also the Dowry Act, said experts.

“The decision to keep women out of the purview of the definition of respondents in the law was deliberate and calculated. If changes are made that allow a mother-in-law to move against a daughter-in-law, it would mean that the moment a woman files a domestic violence or a dowry case against her in-laws, her husband would get his mother to file a counter case against her under the Domestic Violence Act. That will open the floodgates for misuse of the law,” said a lawyer associated with Lawyers’ Collective.

Source-http://www.financialexpress.com/news/not-just-daughtersinlaw-maneka-gandhi-says-domestic-violence-act-must-protect-mothersinlaw-too/1272723

In-laws have right to house despite son-wife discord: HC

In-laws have right to house despite son-wife discord: HC
Written by Express News Service | New Delhi | April 27, 2012 2:17 am

SUMMARY
Concerned about the harassment of a couple who were dragged into a marital dispute between their son and daughter-in-law,the Delhi High Court has said that trial courts must balance legal rights to ensure that the man’s parents can live in peace in their house.

Concerned about the harassment of a couple who were dragged into a marital dispute between their son and daughter-in-law,the Delhi High Court has said that trial courts must balance legal rights to ensure that the man’s parents can live in peace in their house.
Referring to the right of a woman to reside in her matrimonial house,Justice Kailash Gambhir said that although this right was brought on the statute book to protect the woman from being left in the lurch at the hands of her in-laws,it was a reality that the man’s old parents were often made to pay the price for the discord between the couple.
“One cannot or may I say should not shy away from the hard-hitting reality that it is not always the daughter-in-law who is berated,but at times the in-laws who are at the receiving end of the daughter in law’s cantankerousness,” said the court,while granting a decree of possession of a house in South Extension Part-II to a 61-year-old woman.
The court allowed her plea that her daughter-in-law could not claim her right to have possession of a room in the house as it belonged neither to her son nor her husband and the same was given to her (the complainant) by her mother as a wedding gift.
While passing the order in her favour,Justice Gambhir said: “It should not be for a moment consigned to oblivion that the parents-in-law have every right to live in peace in their own property and the right to property vested in them cannot be snatched away and used as a tool to harass them.”
Also expressing displeasure over the growing number of matrimonial cases filed by women against their parents-in-law,the court noted that such laws were being misused frequently.
“This court would like to observe that with a view to mitigating the oppression and inequality suffered by the fairer sex in this country from times immemorial,various woman-friendly laws have been enacted so as to empower the women. It is a bitter truth that where on one hand these progressive laws have led to amelioration and advancement of the cause of the woman in this country,at the same time on the other hand these liberalised statutes have been flagrantly misused,” added Justice Gambhir.

Wednesday, July 16, 2014

Intimate Terror - Gender Biased women centric laws terrorising Men and family culture. Misuse of Dowry, Rape, Sexual Harassment laws

Intimate Terror - Gender Biased women centric laws terrorising Men and family culture. Misuse of Dowry, Rape, Sexual Harassment laws

A panel discussion on intimate terror. Laws made for the safety, security and empowerment of women are spreading terror amongst men in love and relation...Society lives in different level but laws see equally to all...Is society heading towards gender war because of feminist laws...







Monday, July 14, 2014

Suicide by Hardik Rawal - Records final message on a stamp paper and records Video. Misuse of Dowry act - News24

 Another Man suicides 

Suicide by Hardik Rawal - Records final message on a stamp paper and records Video.
Misuse of Dowry act - News24 14July 2014


Dowry deaths has been a common occurrence in our country where husbands and in-laws are often painted as the culprits but a shocking instance of misuse of the Dowry Act has come to light where the husband has been driven to commit suicide by his wife and his family.

Ahmedabad-based Hardik Rawal was forced to commit suicide after being repeatedly troubled by his wife and family. Rawal recorded a video before taking the extreme step blaming his wife Deepti and his in-laws for his death. The two married eight years ago and have two daughters.




Bhupendra Singh for ENI 

Ahmedabad: Dowry deaths has been a common occurrence in our country where husbands and in-laws are often painted as the culprits but a shocking instance of misuse of the Dowry Act has come to light where the husband has been driven to commit suicide by his wife and his family. Ahmedabad-based Hardik Rawal was forced to commit suicide after being repeatedly troubled by his wife and family. Rawal recorded a video before taking the extreme step blaming his wife Deepti and his in-laws for his death. The two married eight years ago and have two daughters.    

In the video, he has requested his brother to take care of their parents and get his daughters married. He has indicated in the video that he wanted to live but was forced to take the step. The couple used to fight over small matters and had a troubled marriage. When Hardik went to Deepti’s house a couple   of years ago, he was threatened by her father, mother, two brothers and uncle. Rawal has stated in the video that his in-laws threatened to get him jailed using the Dowry Act. So much fear was drilled into Rawal’s mind that he took the extreme step. 

Rawal has said in his final message that his wife should not be given any right on his property.

More @ http://www.eni.network24.co/india/man-commits-suicide-due-to-misuse-of-dowry-act-records-final-message-13046_5

Wednesday, July 9, 2014

Misuse of Dowry and Domestic Violence Act is a Human Rights Issue

Misuse of Dowry and Domestic Violence Act is a Human Rights Issue

By Deepika Narayan Bhardwaj, on IBNLive Specials Jul 09, 2014 at 03:05pm IST

Media suddenly seems to have woken up from slumber in last four-five days on the misuse of section 498A. Every news channel is debating recent judgment by the Supreme Court (SC) - restricting immediate arrests of husband and family members under 498A. I also happened to be on one such debate, last week. Though the judgment is quite comprehensive detailing reasons for such move, anchor of the show I was on, was keen on punching holes in the judgment and showed absolute apathy to the issue.

As soon as I got out of the studio, I got a call. It was Sonia. I thought she was calling me after watching me on television but I was wrong. Moment I said hello, she started crying uncontrollably. "She has beaten my mother in law, my daughter and me. My daughter's thumb is fractured. She is threatening to kill my daughter. Please help me," she pleaded. I asked her to calm down and tell me what has happened. She explained that there was no male member at home and Nisha (name changed) - younger daughter in law of the family along with her sister had beaten everyone up!

Let me tell you who Sonia is - She is the elder daughter in law of the family, married for 23 years and a "498A accused." She, her husband, old mother in law, husband's brother( Nisha's husband), married sisters in law, their husbands- almost everyone including her teenage daughter have been accused of demanding dowry by Nisha who has herself been married for 19 years! Reason - Nisha wants property in which joint family is staying in her name! After listening to the entire incident, while I asked Sonia to calm down and register an FIR, I myself wished only one thing- make Sonia talk to anchor of the show I was in and let him hear pain of people abused by 498A. Sonia's case is peculiar for two reasons - one, she is herself a daughter of another family, so why would she demand dowry from Nisha and second - after 19 years? But - logic/common sense is least a part of 498A.

Misuse of Dowry and Domestic Violence Act is a Human Rights Issue

Media suddenly seems to have woken up from slumber in last four-five days on the misuse of section 498A.

Sonia and her family aren't alone. There are endless stories of abuse and gross misuse of 498A.

IPC 498A - commonly known as the Anti Dowry law, was passed in 1983 to protect married women from mental and physical cruelty and dowry related demand by husband and his relatives. 30 years on, 498A today is commonly known as the law which is 'Misused.'

For beginners - 498A is not a case between husband and wife. It's a case between husband and state where state fights on wife's behalf. 498A can be filed anytime after marriage - even after 22 years. Since it also considers mental harassment any number of relatives can be named and summoned - even if they have never lived with you, are in different cities or abroad - citing harassment over phone or any incident when they visited India. Married sisters are prime target, dragging even her in laws into the case to exert pressure. There are instances where even friends have been summoned. 498A can be filed from anywhere though it's a criminal offence. So, if you are from Kerala and wife from Punjab, she can file a case from Punjab and your family travels thousand miles on every date. When 498A is filed, every wedding expense is presented as dowry by the girl side. So even if you did not demand anything from the girl, you can become a dowry case accused. There is no time limit to trial of these cases. Some 498A cases have been pending in Delhi courts since 1991. Even if your divorce comes through, your 498A can linger on for years in court.

Now, why do I say Misuse of this law is a Human Rights Issue?

The basis of any criminal Jurisprudence around the world is - "innocent until proven guilty" and in words of English Jurist William Blackstone "It is better that ten guilty persons escape than that one innocent suffer." This law overturns both these principles. As soon as a woman makes a statement that so and so person demanded dowry from her, that person is treated as a criminal and tried as a criminal. In dowry cases, onus of proof that dowry was not demanded is on the accused. Since the law is cognizable and non-bailable, police has a free hand in arresting anyone who it deems fit as per the written complaint by the woman without 'any' investigation. I say without any investigation because the FIR and charge sheet in most of these cases is a replica of each other. Rarely have I seen evidences from husband's side being considered or presented. So statement of a woman is enough to throw a common man or woman behind bars.

I have been researching on this issue for last two years while working on a documentary on the same. As per National Crime Records Bureau, from 1998 to 2012 - after rounding off, a total of 10 Lac cases have been filed and 21 lac people have been arrested of which 5 Lac are women, 1 Lac are senior citizens and shockingly 10,000 are minor boys and girls. In the same period, 4,48,704 cases completed trial and a mere 89,452 resulted into conviction and rest whopping 3,59,252 resulted into acquittal! These numbers are extraordinary. I understand an acquittal doesn't necessarily means a false case but I also understand that an acquittal definitely means the case did not stand scrutiny under the court of law. 498A wasn't made as an alternative for quick divorce or dispute redressal or tool for getting back at husband for revenge - it was a law made to punish the wrongdoers! Courts aren't blind to look at the actual stories behind these cases and thus the enormous acquittals.

Many people tell me, every law is prone to misuse. I have a basic question - under which law does a person gets punished or termed criminal just because of being someone's relative? Under which law does police arrest you just because your name appears in an FIR? Which cruelty exactly can be committed sitting 1000/2000 Kms away? Under which law do you become an accused without any investigation whatsoever and stand in the court for years to prove your innocence? Under which law a 90 year old grandmother who can barely walk is dragged from Delhi to Dehradoon just because a 25 year old woman alleged that the old woman demanded money? Under which law whatever the complainant is saying is taken at its face value without AN IOTA OF EVIDENCE and cases run for years on mere allegations? In my knowledge, none!

Nowhere in the world, are you and your family labelled criminals because of a failed marriage. But in India, the moment a marriage breaks, this label comes automatically in guise of a 'dowry' case. To make things clear, you can get a 498A by your wife if you - refuse to leave your old parents on her demand; incur huge financial losses and can't afford her luxurious lifestyle; object to her extra marital affair; have a bad equation with her parents, ask for separation citing incompatibility. Even if you have filed for Divorce on grounds of cruelty by her, she can still go ahead and file 498A claiming you are the actual abuser! It doesn't matter if you are thrashed, abused, beaten up every day and have plethora of evidences of her cruelty, her statement that you demanded dowry will outweigh everything. I am not throwing clichés. These are cases I have seen with eyes wide open including one where a man was thrown into Jail for conducting DNA test on his son, before even the reports came out. No prize for guessing - he isn't the father of the child!

NCRB statistics related to 498A can never tell the real story of abuse of this law. Behind every FIR there are hundreds of cases that get 'settled' because of fear of arrest, harassment for years and humiliation. There is no data as to how many Mutual Consent Divorces are a result of such threats! Lacs are being demanded in exchange of a 498A or 498A settlement. Pay before or after, you make a choice. Everyone including lawyers, police and the girl makes great money in this racket which is approximately a 2000 crore business every year (approximate figure including bails, kickbacks and settlement amounts). Negotiations can be heard at every level in these 'family dispute' cases - be it at women cells, police stations, mediation cells or courts. If you decide to 'not pay' and fight back, you are in courts for years with not just one case but a package including Domestic Violence Act, Criminal breach of trust and a horde of maintenance cases. Irony is - after fighting for years for honour, all that a man gets is acquittal. Filing a case of defamation or punishing the woman for her wrong is almost impossible as first courts don't entertain these cases and if they do - you are in courts for another couple of years!

Isn't it funny that a woman who is accusing in-laws of demanding dowry herself then demands 10-15-20-50 lacs for settling the cases? Isn't it funny that cruelty or humiliation she has gone through is bartered for money? I know of an old woman who runs a tea shop being asked 25 Lacs to settle dowry case on her son. Her son's mistake- he doesn't earn much. I wonder if anyone can define this practice as anything but legal terrorism/blackmail /extortion.

How have we become a society where rights of a young wife are more important than rights of a 90 year old woman or that of an old father and mother who have slogged for years bringing their son up or that of a teenage sister who could be ostracized for being in Jail for rest of her life or that of a married sister whose marriage might collapse because of her husband and in laws being dragged? How have we become a society where to get one woman justice we are doing injustice to so many people? How are we legally allowing these blackmails to happen where a man is snatched of years of his savings just because marriage of his son did not work? How can we jeopardize existence of a man, just because his marriage 'failed'?

People argue with me over dowry deaths. I wish I had a law which recognized reverse dowry deaths where a person committed suicide because of a false dowry case or threats of a false case! There are thousands who have committed suicide leaving testimony of innocence through suicide notes. Syed Ahmed Makhdoom, Aarti, Lokesh Singh, Manoj Kumar, Prashant Pandey, Ravi Parmar, Anuj Gupta, Anoop Sharma, Niramala Devi, Ravi Parmar, Mahendra Singh, Harkamaljeet and his wife -are few examples. Strangely, a law that was meant to protect women from committing suicide has become a reason for suicide for many.

Tagging someone criminal for no crime, punishing someone for no wrong, claiming someone's job, career and peace for no reason, harassing an entire family for a failed marriage, leaving no option to a man to come out of an abusive marriage, slapping him with a dowry/domestic violence case if he files for divorce - If this is not a human rights issue, I wonder what is!

I welcome SC judgment wholeheartedly but I am doubtful of its impact. CrPC amendments that have been stressed upon in the judgment have been on papers since a long time. However, the rut of 498A is so deep, that these judgments have rarely brought a change. I think it's high time that the government intervenes and amend the law with a misuse clause to punish anyone who misuses it for personal gains. If women organizations opposing this landmark decision really want to get Justice for women, get a time limit on trial of these cases and ask for booking wrong doers whether man or woman. Punish the guilty and spare the innocent. Justice to one cannot come at cost of Injustice to others!

(Deepika Narayan Bhardwaj is a journalist and a documentary filmmaker. She is currently documenting misuse of section 498A of IPC through her documentary film 'Martyrs of Marriage.' She can be reached at martyrsofmarriage@gmail.com)


498a badlaw kitna zaroori. Amend ipc 498a

498a badlaw kitna zaroori.
Swaroop Sarkar on  Harayana Expresss TV

Sunday, July 6, 2014

Boon or bane? Kolkata can't agree on 498A

Boon or bane? Kolkata can't agree on 498A
As by TNN | Jul 5, 2014, 02.33AM IST

KOLKATA: The Supreme Court verdict on Section 498A that police have to investigate before arresting the accused has sparked a debate in Kolkata. While women's rights groups fear it might weaken battered wives' only remedy against abuse and torture, legal experts feel it will help prevent misuse of the law and make it more balanced.

Bengal is a lab case for Section 498A a whopping 29,800 cases were registered in the state 2013, but led to only 2.3% convictions. This has been the trend for the last few years.

These figures indicate that an alteration was necessary, lawyer Shekhar Bose says. "In 80% of the registered complaints, the charges are fabricated or exaggerated. There have been numerous instances where members of the husband's family, who live abroad or in other cities, have been arrested. Such a law cannot exist without an amendment," Bose said.

Lawyer Jayanta Chatterjee remarked that the vast majority of complainants were from urban areas, where many case were lodged by women "to teach their husbands and in-laws a lesson". "Thousands of women in rural interiors, who face genuine abuse, neither know about the law nor have access to police and lawyers," he pointed out, adding: "We need Section 498A for women who are abused and tortured. But we also need to make sure that it's not misused. False complaints are lodged too often, leading to family break-ups. Eventually, it's not just the husband who suffers in such cases, but also the wife. This provision for an enquiry will help stop that."

However, State Women's Commission chairperson Sunanda Mukherjee doesn't agree that misuse is reason enough to alter the law. The provision for enquiry shuts the door on women seeking justice, she argues. "Every law is liable to be misused. People are wrongly charged for murder under Section 302. So, do we stop punishing murderers?" she asked.

A law which is yet to be used by majority of victims can't be said to have been misused, she pointed out. "Section 498A is not yet accessible to thousands of women in marginalized sections who are abused, tortured and thrown out of their homes. Yes, it has been misused by some women in cities, but that can't justify this alteration which makes the law ineffective. We all know that left to them, police won't make any effort to arrest even a genuine offender. They could be bribed to scrap or fudge an enquiry. More importantly, how can you find evidence for psychological torture, which is very important in Section 498A?" she asks.

Former women's commission member Bharati Mutsuddi sees it as a major setback for women's rights. "Women are now at the mercy of police and administration, which were always insensitive to them. Section 498A was the only major weapon women had against marital abuse and it's now taken away. The law was the result of a long struggle for justice. All that effort and struggle now goes down the drain," she said.

Author Suchitra Bhattacharya felt it was better to make some investigation before arresting the accused. "I know many cases, particularly in urban areas, where the women take advantage of this law. They make false allegations and the in-laws have to suffer," she said.

Lawyer Sudipa Bhattacharya felt the alteration will make it a more balanced law, but the poor and marginalized could suffer. "It will be difficult for poor, illiterate women in our villages to get police to act," she said.

Bose argues that it is too early to conclude that the law has turned impotent and that police will be biased against women. "First, it remains a non-bailable section which means the law is strong enough. An offender, if found guilty, will face the same stringent penalties. It will be hasty to assume that police will allow offenders to go scot-free. Let us give the new law a fair run for it is a far more balanced and fair one," said Bose.

Mahua Bhattacharjee of Parash Pathar, an organization that fights for 498A "victims" across the country, said: "This is a great relief against misuse of the dowry law which has left as many victims as it has secured the fate of women against dowry atrocity." Many grey areas still exist, she remarked. "Since it is non-cognizable, non-bailable and non-compoundable, a 498A case cannot be withdrawn by the complainant. I know a couple, who are still fighting the 498A case years after their differences were resolved."

But why does Bengal top the list of 498A cases? "It is because of changing values of Bengali women. There is great deal of disharmony in families with saas-bahu relations. The daughter-in-law files a 498A complaint to teach her husband and mother-in-law a lesson, but eventually the complaint turns out to be too costly for both parties," said Bhattacharjee.

Sourav Ganguly, a lawyer with an expertise in handling 498A cases, said, It is a common practice by the prosecution specially in this part of the country that an accused is forwarded before a Magistrate along with a document commonly known as the ?Forwarding Report', while dealing with the question of detaining the accused for a period of more than 24 hours only deals with the forwarding report, the written complaint, the formal F.I.R prepared by the Police, the arrest memo, medical report of the accused and some times with the seizure list if supplied by the prosecution.

After this apex court judgment, the magistrate has to apply his judicial mind to determine whether the circumstance justify detention of the accused in police custody. Police custody being an infringement of liberty should not be ordered as a matter of course as the law has for his protection provided for the compulsory production of a person before a Magistrate either 24 hours of his arrest and this constitutional right has been given "to prevent arrest and detention with a view to extract confession" and "to afford an early recourse to a judicial officer independent of the police on all questions of bail or discharge [30 CWN 985]. Section 167 Cr.P.C. has given him full discretion to order detention in such custody as the Magistrate thinks fit but if detention in police custody is ordered, he must record his reasons U/s 167 (3) Cr.P.C.

It will also prevent marital splits on flimsy grounds, the latter argued.


Source-http://timesofindia.indiatimes.com/city/kolkata/Boon-or-bane-Kolkata-cant-agree-on-498A/articleshow/37800684.cms

SC sets Arrest Guidelines for Police and Magistrate, Misuse of ipc 498a Dowry Laws, Callers share their experiences on Misuse of dowry laws- Sudarshan TV

SC sets Arrest Guidelines for Police and Magistrate, Misuse of ipc 498a Dowry Laws. 
Callers share their experiences on Misuse of dowry laws- Sudarshan TV 05 July 2015

Saturday, July 5, 2014

Men and their family suffer due to False 498a cases and Misuse of 498a by Women and Police. Supreme Court enforces guidelines for arrests in dowry cases

Men and their family suffer due to False 498a cases and Misuse of 498a by Women and Police. Supreme Court enforces guidelines for arrests in dowry cases 

Amit Lakhani Atit Rajpara Manav Mishra Shouvik Basak share sufferings and harassment experiences due to False 498a cases and Misuse of ipc 498a in context to SC Judgment (02 July 2014 Arnesh Kr order) on 498a Misuse and Arrest guidelines laid (u/s s41 crpc) to be followed by Police and Magistrates on India TV news channel 05 July 2014

Full text of SC order @ http://bit.ly/1ooV9V2




India shifts dowry law against 'vindictive wives'

India shifts dowry law against 'vindictive wives'
As on Date July 4, 2014 By Amrit Dhillon

New Delhi: Munish Dalal became a national hate figure when his pretty and vivacious bride-to-be, Nisha Sharma, accused him of demanding more dowry on the eve of their marriage.

Ms Sharma was feted by the world’s press as an icon of feisty Indian womanhood for reporting her fiance to the police under the country’s anti-dowry laws.

These laws are aimed at tackling the husbands and in-laws who, even though they have received a dowry on marriage, abuse and torture a woman afterwards so that she asks her parents to hand over yet more cash and consumer durables.

Figures from 2012 show that one woman dies every hour in India over demands for more dowry.

The crime is so common that the law allows the police to arrest a man the moment his wife alleges that he demanded more dowry. No evidence has to be produced. Bail depends on the discretion of the judge. The man is considered guilty until he can prove his innocence.

But in a ruling this week, the Supreme Court said the police cannot arrest a man on the basis of an allegation. Condemning the law’s misuse by ''disgruntled'' wives ''as a weapon rather than a shield'', the court said the police must give reasons for the arrest that would then be examined by a magistrate.

''The ruling on arrests is long overdue. False cases had become an epidemic. We used to call it legal terrorism. Now men can sleep more peacefully,'' said Rohit Girdhar, a co-ordinator with the Save the Family Foundation in New Delhi, which has campaigned for the law to be amended.

Mr Girdhar, who was falsely accused by his wife but acquitted by the courts in 2012, said the foundation has thousands of victims whose ''poisonous and vindictive'' wives used the law to blackmail them into giving a fatter alimony, settle scores, ruin their name or to get custody of the children.   

One man who went to the foundation recently for counselling was a New Delhi music teacher. Mr Girdhar claims that the teacher’s wife was mentally unstable from the day he married her and kept false accusations of infidelity against him. Five years ago, as their marriage crumbled, she walked into the local police station to accuse him of demanding more dowry.

''That man’s entire family has been devastated. It took just one vicious woman to do it. He and his elderly parents have been running around the courts for eight years. By the time the verdict comes, it will be too late for this man. He has been damaged too much, he has lost his faith in people,'' Mr Girdhar said.

For women’s rights groups, given the high levels of violence against women, the ruling is retrograde. Brinda Karat, general-secretary of the All India Democratic Women’s Association, said she was opposed to the dilution of a law that had come after years of debate and struggle.

''Dowry is rampant, worse than ever before. I oppose any law being misused but our studies show that men do get bail. Why is the Supreme Court not equally concerned about the women who are brutally murdered over dowry?'' Karat said.

For Mr Dalal, the ruling is sweet vindication. After being painted as a national villain a decade ago, in 2012, he was cleared by the courts. It turned out his fiance had been in love with another man. 

''She didn’t want to marry me but was scared of her parents. By accusing me falsely, she was trying to get out of the marriage without incurring their anger,'' Mr Dalal said. 

Source : http://www.smh.com.au/world/india-shifts-dowry-law-against-vindictive-wives-20140704-zsvg8.html

Friday, July 4, 2014

DD NEWS (Hindi) Debate on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on 03 July 2014

DD NEWS (Hindi) Debate on SC Judgement   (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on  03 July 2014

Swaroop Sarkar of SIF talks tough on Misuse of ipc 498a Domestic violence and other Women centric Gender Biased Laws. Exposes Politicians Feminists Media Bias

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2




Youtube Playlist SIF Participation - TV Media Debates on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on 03 July 2014

Youtube Playlist
SIF Participation - TV Media  Debates on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on 03 July 2014

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2


Deepika Narayan Bhardwaj on Debate on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate

Deepika Narayan Bhardwaj on Debate on SC Judgement (Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on INDIA TV 03 July 2014

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2


Swarrop Sarkar of Save Indian Family (SIF) DD NEWS Debate on SC Judgement ( Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc) for Police and Magistrate

Debate on SC Judgement ( Arnesh Kr) on Misuse of 498a, Arrest Guidelines laid (As per s41 crpc ) for Police and Magistrate on  DD NEWS (English) 03 July 2014

Swaroop Sarkar of SIF talks tough on Misuse of ipc 498a Domestic violence and other Women centric Gender Biased Laws. Exposes Politicians Feminists Media Bias

Full text of SC (Arnesh Kr) order @ http://bit.ly/1ooV9V2


Thursday, July 3, 2014

दहेज हत्या केस में मुकदमे के लिए आरोपी का खून और विवाह का रिश्ता होना चाहिए: SC

दहेज हत्या केस में मुकदमे के लिए आरोपी का खून और विवाह का रिश्ता होना चाहिए: SC

Thursday, July 3, 2014

नई दिल्ली : उच्चतम न्यायालय ने व्यवस्था दी है कि दहेज हत्या के मामले में किसी व्यक्ति पर मुकदमा चलाने के लिये उसे उस समय तक रिश्तेदार नहीं माना जा सकता जब तक पति से उसका खून, विवाह या गोद लिए जाने का रिश्ता नहीं हो।

शीर्ष अदालत ने साथ ही स्पष्ट किया कि उसका तात्पर्य यह नहीं है कि ऐसे व्यक्ति पर आत्महत्या के लिए उकसाने जैसे आरोप में मुकदमा नहीं चलाया जा सकता।

न्यायमूर्ति चंद्रमौलि कुमार प्रसाद और न्यायमूर्ति पी सी घोष की खंडपीठ ने कहा कि उन्हें इसमें कोई संदेह नहीं है कि भारतीय दंड संहिता की धारा 304 (बी) (दहेज हत्या) में पति के रिश्तेदार शब्द का आशय उन व्यक्तियों से है जिनका खून, विवाह या गोद लिए जाने के रिश्ते से संबंधित है।

न्यायालय ने दहेज हत्या के मामले में पंजाब एवं हरियाणा उच्च न्यायालय के फैसले के खिलाफ पंजाब सरकार की अपील पर यह व्यवस्था दी। राज्य सरकार ने इस मामले में एक व्यक्ति को आरोपी के रूप में सम्मन जारी करने का निर्णय निरस्त करने के उच्च न्यायालय के आदेश को चुनौती दी थी।

निचली अदालत ने इस मामले में एक व्यक्ति को आरोपी के रूप में तलब किया था। अदालत का कहना था कि वह मृतक महिला के पति का रिश्तेदार है और इस अपराध में शामिल है।

शीर्ष अदालत ने कहा कि यह व्यक्ति मृतक के पति की रिश्तेदार का भाई है और वह कानून में प्रदत्त पति के रिश्तेदार की परिभाषा के दायरे में नहीं आता है। न्यायालय ने कहा कि धारा 304-बी से यह ध्वनि निकलती है कि जब किसी महिला की विवाह के सात साल के भीतर सामान्य परिस्थितियों से इतर जलने या किसी दूसरी प्रकार की चोटों की वजह से मृत्यु होती है तो यह माना जायेगा कि उसके पति या पति के किसी रिश्तेदार से दहेज की खातिर हत्या का अपराध किया है यदि यह पता चलता है कि मृत्यु से ठीक पहले महिला के प्रति उसके पति या पति के किसी रिश्तेदार ने क्रूरता की है या उसे प्रताड़ित किया है।

शीर्ष अदालत ने उच्च न्यायालय का आदेश सही ठहराते हुये राज्य सरकार की अपील खारिज कर दी। न्यायालय ने कहा कि भारतीय दंड संहिता में ‘रिश्तेदार’ को परिभाषित नहीं किया गया है।

Law degree clause for National Commission for Women (NCW) panel

Law degree clause for National Commission for Women (NCW) panel

By ANANYA SENGUPTA

New Delhi, July 2, 2014 

Being a politician or association with a party may no longer be enough to become the chairperson or a member of the National Commission for Women.

Maneka Gandhi, the new women and child development minister, has finalised draft proposals under which a degree in law is a must to be eligible for posts in the apex women’s rights body.

This is the first time that such a requirement has been proposed for functionaries of the NCW which, since its inception, has been used to accommodate persons close to the party in power at the Centre.

Sources said the ministry would include two essential conditions under the rules of appointment in the proposed amendments to the NCW Act: the chairperson has to be an advocate with at least 10 years of experience in legal matters, and each member must have a law degree.

Under the 1990 NCW Act, “persons of ability, integrity and standing” and “women’s voluntary organisations” (including activists) could be nominated by the central government as chairperson or members. There is no mention of any educational qualification.

While the new appointees would also be chosen by the women and child development (WCD) ministry, sources explained why a law degree had been included in the draft amendments as an essential requirement.

“There are over a lakh pending cases with the NCW. It’s time that professionals took over the commission to ensure that there are no legal delays in providing the victims justice. The commission needs to become more than just a body that takes suo motu cognisance of issues related to celebrities,” said a senior official of the ministry.

The sources also said that since the proposed amendments give the commission the powers of a civil court, making each of its proceedings on a par with judicial proceedings, a background in law was considered essential.

Maneka, who sources say is pushing for the amendments to be tabled in Parliament’s budget session starting next week, plans to give the commission the powers of summoning any person for questioning and the right to call for the production of any documents and requisitioning any public records.

A new chapter, “Investigation”, has been introduced in the amendments to enable the commission to issue arrest warrants and impose a maximum of Rs 5,000 as fine on those who don’t appear despite summons.

The amendments also include a provision that insulates functionaries from legal proceedings for acts done in good faith.

“No prosecution or other legal proceeding shall lie against any member of the commission or any officer… in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made there under,” says the provision.

The sources said that Maneka, who is not too keen on political appointments, wants to change the system under which commission members are removed and appointed according to the demands of the party in power. While it is not clear if the new commission members would be apolitical or lawyers affiliated to the BJP, the changes that Maneka wants would at least narrow the field for politicians, the sources said.

Officials said that once the new NCW rules are initiated, the rules for the appointment of members to the National Commission for Protection of Child Rights (NCPCR) might also see similar changes.

Political appointments have been worrying the NDA government since it took over a month ago. Out of power for 10 years, the NDA government is now struggling to get rid off Congress appointees who are holding on to key posts in these panels.

While there is no law to force such members out of office, feelers have been sent to many to leave. But many haven’t taken the hint. NCW chairperson Mamata Sharma, whose tenure ends later this month, is still holding on to her post. NCPCR chairperson Kushal Singh has taken the ministry to court over alleged calls by officials asking her to quit.

TV Media Debate on SC Judgement on ipc 498a Misuse and automatic arrests in 498a ,guidelines laid for Police and Magistrates u/s s41 crpc- SIF Participation

TV Media  Debate on SC Judgement on ipc 498a Misuse and automatic arrests in 498a ,guidelines laid for Police and Magistrates u/s s41 crpc- SIF Participation


Shonee Kapoor and Amol Khurhe on
ABP News 
ABP News debate -1 : Is the dowry law being misused in the country?

ABP News Live debate - 2 : Badi Behas- Is the dowry law being misused in the country?

On IBN7 - प्रश्नकाल: दहेज विरोधी कानून का दुरुपयोग? http://khabar.ibnlive.in.com/videos/123052
https://www.youtube.com/watch?v=z7nRrVl9xiU

Swaroop Sarkar on 
On CNNIBN - No Dowry arrests till magistrate's nodhttp://ibnlive.in.com/videos/483531/no-dowry-arrests-till-magistrates-nod-share-your-views.html
https://www.youtube.com/watch?v=rnRT_VwsyFE&feature=youtu.be

Swarup sarkar on IndiaNews
No arrest on mere allegations in dowry harassment cases: Supreme Court
https://www.youtube.com/watch?v=O0bMiT8iEwY&feature=youtu.be

Ritwik Bisaria 
On NDTV India ( Hindi ) बड़ी खबर : दहेज विरोधी कानून में गिरफ्तारी जरूरी?
http://www.ndtv.com/video/player/badi-khabar/badi-khabar-arrest-necessary-in-section-498-a/328461

Amit lakhani on News24
Debate : Anti-dowry law misused, no automatic arrest in such cases: SC
https://www.youtube.com/watch?v=ucgYprAZTYE&feature=youtu.be
Sabse Bada Sawaal: Is anti-dowry law 'Legal Terrorism'?
https://www.youtube.com/watch?v=do9It0CZ6IY&feature=youtu.be

Legal Experts share views on News24
Anti-dowry law misused, no automatic arrest in such cases: SC


Deepika Narayan on
On NDTV India (Hindi)
प्राइम टाइम : दहेज मामलों में गिरफ्तारी कितनी अहम?
https://www.youtube.com/watch?v=yd6sYIKBxVQ

On Focus News Focus News Special - Khauff Ka Kanaun
https://www.youtube.com/watch?v=N03Pwks10cQ

NitiCentral
Deepika Narayan speaks on Misuse of 498a and Supreme court directs to stop 'automatic' arrests under dowry prevention law
https://www.youtube.com/watch?v=7EbME0EDzLk


Zee News
No arrest on mere allegations in dowry harassment cases: SC


TV 9 marathi
Women MISUSING Anti-Dowry Law, Says SC
Part1  https://www.youtube.com/watch?v=b_9k_bMfksI
Part 2  https://www.youtube.com/watch?v=I_Ugj7lAvSk
Part 3 https://www.youtube.com/watch?v=QUVuYhGWJ0Q
Part 4 https://www.youtube.com/watch?v=jaYClu_GRZY


ABP Majha 

ABP Majha Vishesh : Dowry Law section 498A of IPC

Day & Night News
Prime (Hindi) - Women Misusing India's Anti-Dowry Law


P7News24x7

Women Misusing India's Anti-Dowry Law, Says Supreme Court