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

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.

Source - http://www.telegraphindia.com/1140703/jsp/nation/story_18576503.jsp#.U7U4afmSzw8

NCW and Feminists group gangup opposing the inclusion of MISUSE CLAUSE in Sexual Harassment at Workplace Bill (SHWB) which may be presented in Rajya Sabha

NCW and Feminists group gangup opposing  the inclusion of MISUSE CLAUSE in Sexual Harassment at Workplace Bill (SHWB) which may be presented in Rajya Sabha on 26 Febuary 2013 for approval.

Here is a debate on Rajya Sabha tv that was telecasted on 25 Feb 2013 , 8 - 8.30 pm on the issue of Misuse clause in SHWB and also the need for Gender Neutrality of various Laws esp PWDVA ( Protection of Woemn against Domestic Violence also called Domestic violence act ) 

The panel included -

• Mrs Mamata Sharma, NCW chief
• Mrs Sayeeda Hameed, Member Planning Commission
• Mrs Vineta Pandey, Deputy Editor Dainik Bhaskar
• Mrs Geeta Luthra, Sr Advocate Supreme Court

Part 1/2 - MISUSE CLAUSE in Sexual Harassment at Workplace Bill | Debate on RAJYA SABHA TV 25 FEB 2013

 

Part 2/2 - MISUSE CLAUSE in Sexual Harassment at Workplace Bill | Debate on RAJYA SABHA TV 25 FEB 2013

     Videos on Daily Motion

'Make Laws Against Pre-Natal Sex Selection Stringent'

'Make Laws Against Pre-Natal Sex Selection Stringent'

12 oct 2010

The national commissions for women and human rights today voiced serious concern over the decline in ratio of girls to boys and suggested making laws more stringent to check pre-natal sex selection and female foeticide in the country.
"Sex ratio is declining in the country every year due to female foeticide. We had suggested certain amendments in the Pre-conception and Pre-natal Diagnostic Techniques (prohibition of sex selection) Act, 1994, three years ago but nothing has so far been done....The Act should be more stringent," Chairperson of National Commission for Women Girija Vyas said.
She was addressing a conference organised jointly by National Human Rights Commission and National Commission for Women on 'Pre-natal sex selection in India:Issues, Concerns and Action'.
Vyas underlined that there are many "lacunae" in the Act and the rate of conviction is "very low".
"Under the Act, punishment is very less. There is no provision for police intervention or third party intervention under the Act," she said.
The NCW chief noted that "abortion is allowed in extraordinary situation but there is no such distinction (in practice). Not a single state, even Kerala, is spared (where incidents of female foeticide do not occur)."
Practice of female foeticide is still continuing in many states including several districts of Punjab, Haryana, Gujarat and Rajasthan. None of the health clinics have been found to be "upto the mark" even in the national capital, she said.
Addressing the conference, NHRC chairperson Justice K G Balakrishnan lamented that there is no law in the country to address the basic regulatory requirements for opening a hospital.
"Unfortunately in India, there are no effective provision for opening a clinic, a health centre, even a hospital. There is no law to address the basic things, fundamental (regulatory) requirements for opening a hospital," he said.
"Clinics should be periodically inspected by authorised officials. There should be some provision that clinic could always be managed by some senior doctors.... These things can bring change to a great extent," Balakrishnan suggested.
He said that laws to curb female foeticide and sex selection practices are not implemented properly.
"PCPDT Act, 1994 has penal provisions. Unfortunately, police are unable to detect such crimes as those cases are always collusive in nature," the former Chief Justice of India said.
Balakrishnan noted that there was need for better implementation of the existing laws and change in the "mindset" of society for checking the declining sex ration in the country or else crime against women, like trafficking, would rise in the country.
Underlining the role of doctors, he suggested that they should be "a little more active and sensitive" towards "this social evil".
Doctors "must" give correct advice to those who approach them for pre-natal diagnostic test and abortion of female foetus, he said.
"But, unfortunately, nature of man to accumulate more wealth creates problems," he added.

http://news.outlookindia.com/item.aspx?696956

NCW to SC: Is it cruelty to threaten divorce?

NCW to SC: Is it cruelty to threaten divorce?

Tue Oct 12 2010,

The National Commission for Women (NCW) wants the Supreme Court to rule on whether a woman can be held liable for cruelty under dowry law if she threatens to “force” her son to take divorce.

“Whether threatening a daughter-in-law that she (the mother-in-law) would force the son to take a divorce not amount to mental cruelty thereby clearly attracting Section 498A (dowry harassment) of the IPC?” the commission has sought a judicial clarification from the apex court.

It has further asked the court to decide if “advising” a daughter-in-law to take divorce by mutual consent and inducing her with a monetary compensation amounts to cruelty as defined under Section 498A.

The top women’s body has sought these clarifications in a curative petition filed before a Bench headed by Justice P Sathasivam against a July 27, 2009 Supreme Court judgment.

“In this judgment, this court has held that (a) kicking a daughter-in-law; (b) constantly threatening her that they (in-laws) would convince their son to take divorce does not amount to cruelty as under Section 498A (dowry harassment) of the IPC,” states the NCW petition filed by advocate Aparna Bhat.

The commission said it had, during the “course of its work”, found dowry harassment and domestic violence “more of a norm than an aberration and the law has to be interpreted in a manner beneficial to women in distress”.

The 2009 judgment of Justices S B Sinha and Cyriac Joseph had quashed dowry harassment charges instituted against Bhaskar Lal Sharma and his wife by their daughter-in-law, Monica, who accused them of physically harming her and threatening her with divorce.

Section 498A says it amounts to ‘cruelty’ if a husband or his relative wilfully subjects a woman to actions that may drive her to commit suicide or cause grave injury to herself. A person is liable to undergo a maximum imprisonment of three years if found guilty.

The petition asks the court whether “constantly interfering in the marriage of a newly married couple by advising a daughter-in-law to give divorce, kick her, and criticise her on a regular basis” match the definition of cruelty under Section 498A of the IPC.

http://www.indianexpress.com/news/ncw-to-sc-is-it-cruelty-to-threaten-divorce/696020/2

Sexual abuse and power display – Sexual Harassment at Workplace Bill be made GENDER NEUTRAL- DEMANDING NATIONAL COMMISSION FOR MEN

Sexual abuse and power display – Sexual Harassment at Workplace Bill be made GENDER NEUTRAL- DEMANDING NATIONAL COMMISSION FOR MEN

You can speak about the condition of a nation by knowing the status of its womenfolk," Jawaharlal Nehru said this decades ago and fashion designer Ritu Beri quoted him at the launch of the serial "Kali – Ek Agnipariksha."

She added, "This way we (India) have a long way to go." The serial deals with the sexual harassment of women, an issue which can alone bring known faces – Renuka Chowdhury, Indira Jaisingh, Madhu Trehan, Ritu Beri, Dilip Cherian, Ranjan Kumari, Sundari Subramanyam Pujari, CA Sundaram – to one platform.

The jury debated the need to understand the reasons for cases of sexual harassment and the immediate need to put an end to it. While Madhu Trehan appealed for a change in the stereotypical upbringing of girls and boys in India,

Renuka's comment "Not all men are bad," served as a breather. On a serious note, Madhu said, "We have a National Commission for Women but there should also be a National Commission for men and parents to address the root cause for such a social evil. Parents should be taught to not adhere to the conventional idea – "Son, you are special!". it is important for men to learn to respect women."

According to Madhu, education alone can bring this much-needed change, "When I had gone to watch " Bandit Queen" there was a scene in which Phoolan is gangraped. I was shocked but a group of people seated in the front row, which is usually not that expensive, cheered. And later when Phoolan kills her molestors, I heard people seated behind cheering her for her courage. It has nothing to do with money but education." But CA Sundaram wasn't much convinced. He said, "About 20 years back there were neither many educated people nor several harassment cases.

However, two decades down the line, there has been a spurt in the number of educated people and harassment cases." While everybody was trying to find out the rea son and ways to fight the social evil, Ashutosh Rana said, "Sexual harassment has nothing to do with gender bias. It is about display of power. When a man acquires muscle, money and education power, he thinks he owns what he likes. That is when physical assault is interpreted as glory! It's like 'Mujhe car achchi lagi and I should have it in my backyard, mujhe bangla achcha laga and it should be mine. similarly koi ladki achchi lagi toh mere paas honi chahiye," he said.

On being asked if stereotypical notions also exist in the fashion industry, Ritu said, "As someone who has been in the industry, I must say there are no gender biases. In fact we have men complaining of being harassed. All I can say is that it is all about education. It's a social disease. I think, all naughty boys should have daughters so that they know what is it all about."

http://timesofindia.indiatimes.com/entertainment/tv-/Sexual-abuse-and-power-display/articleshow/6530283.cms#ixzz0z9K4ZNdf

NCW –Foot In Mouth syndrome- Action be taken against Shiney Ahuja's maid – Women are LIARS

NCW –Foot In Mouth syndrome- Action be taken against Shiney Ahuja's maid – Initiate Perjury !!

 

Shiney Ahuja innocent !!!

Women are LIARS when it comes to extorting money be it be misuse of special laws

Part 1/2 

 

  Part 2/2

 
 



   

After domestic help who accused the actor of rape did a U-turn in a court, the NCW says hostile victims should not be spared

In trouble? The maid, who had accused actor Shiney Ahuja (inset) of rape, retracted her statement in the Sewri fast track court

After a series of cases of rape victims backpedalling on their statements, the National Commission for Women (NCW) has said that some action must be taken against the ones that turning hostile in rape trials. The resolve comes after the victim in the Shiney Ahuja rape case retracted from her statement in the Sewri fast track court.

When MiD DAY contacted Girija Vyas, the NCW president, she said, "Action should be taken against victims turning hostile in rape cases. Such incidents act against women who are actually seeking justice. We cannot allow anyone to lose faith in the judiciary. We will be in a position to comment more once the judgment in the Shiney Ahuja case is out." 

Earlier, two accused in a rape case were acquitted as the victims turned hostile. Former Shiromani Akali Dal MLA from Dhuri Gaganjit Barnala, was acquitted in February last year, after the victim, who had accused Barnala of raping and injuring her at his residence three years back, revoked her statement in court stating that she fell from a cycle and got injured. 

Similarly, in December 2008, Satish Kapoor, who works with the water works department of IT Park, Chandigarh, was acquitted after his domestic help retracted stating that she never complained about her employer to the police.

The story so far

Actor Shiney Ahuja was accused of rape by his domestic help last year, and was arrested on June 14, 2009. As it turns out, the 20-year old maid confessed in a fast track court that the rape charges were a set up. Ahuja had to spend three months in jail last year. Five witnesses, including the victim, have been examined so far.

The next hearing of the case is September 15.  

The victim

The maid, Smita Jadhav (named changed), came to Mumbai from Roha, a village 120 km from the city, to overcome her family's financial problems. With the help of a cousin who resided at Virar, Smita got a job as a maidservant in Oshiwara. The family was happy to receive financial help from their daughter. But, the happiness did not last long, as Smita alleged her employer   Shiney Ahuja of raping her  last June.

The incident allegedly took place at the actor's Oshiwara flat, when his wife was away in Delhi. Soon after the incident, a traumatised Smita went to her uncle's house in Alibaug. Eventually, she returned to her parents' house in Roha. Sources say that currently Smita's father works with a local NCP leader to support his four daughters and a son.

http://www.mid-day.com/news/2010/sep/090910-shiney-ahuja-rape-case-maid-hostile-witness.htm

….

Shiney Ahuja rape case: Maid can be prosecuted for perjury

Following media reports about the complainant who accused actor Shiney Ahuja of raping her turning hostile, lawyers say she is liable to be prosecuted for perjury.

The victim has made a statement before the magistrate under section 164 of the Criminal Procedure Code (CrPC), which is admissible in court unless proven involuntary.

The trial is being conducted in-camera before the Sewri fast track court.

In-camera trial refers to a case where the court bars the media from reporting about the case as per section 327 of the CrPC, applicable in sensitive cases like rape.

Advocate Majeed Memon said: “The victim’s statement under oath has been recorded under section 164 of the CrPC at the investigation stage. That would mean two versions on oath from the same witness diagonally opposite. Both can never be true. One is bound to be false. Hence, she is liable for prosecution under perjury.”

In the Best Bakery case related to the 2002 Gujarat communal riots, a fast track court convicted and sentenced eyewitness Zaheera Sheikh and her sister in 2006 for perjury. In this case, she had told the Supreme Court that she was threatened by local politicians and wanted the case to be transferred outside Gujarat. However, before a Mumbai court, she changed her statement and was declared hostile.

While leading defence advocate Sudeep Pasbola agreed that the hostile complainant can be prosecuted, he said it completely depends on her deposition. “She can be prosecuted if there are two divergent statements on oath. But it depends on what she said before the court and how far she has strayed from her section 164 statement. If she can give an explanation for her turnaround, the court could consider her point.”

Police officers, however, claim that their case against Ahuja is watertight, despite the complainant’s alleged retraction from her earlier statement. Deputy commissioner of police (zone IX) KMM Prasanna said the victim’s statement was recorded under section 164 of the CrPC, along with at least four other witnesses.

The officials said that the 20-year-old victim told the witnesses that Ahuja had raped her inside his Oshiwara flat.

The witnesses then reportedly encouraged her to lodge a complaint with the police.

“Apart from this, we also have strong medical evidence against the accused,” Prasanna said. On being asked whether the complainant can be tried under perjury for giving a false complaint, Prassana replied: “The court will decide on it.”

Lawyers, however, are more cynical. Memon said the victim’s deposition before the court will hold more weight than the one before the magistrate. “If there is other satisfactory corroborative evidence before the court, the court could still proceed to hold the accused guilty.”

Pasbola said: “The case might result in an acquittal. The section 164 statement can only be used as substantive evidence and can only be used to contradict her earlier statement.”

http://www.dnaindia.com/mumbai/report_shiney-ahuja-rape-case-maid-can-be-prosecuted-for-perjury_1435560

''Cultural sensitivity must to prevent women''s sexual abuse''

''Cultural sensitivity must to prevent women''s sexual abuse''

New Delhi, Sep 7 (PTI) A massive cultural sensitivity programme aimed at changing heart and psyche of people is needed to bring down the increasing number of sexual harassment cases against women, according to experts.

It''s difficult to define sexual harassment but a woman always knows when she is being subjected to it, they say.
"We need social awareness and activity to ensure men and women are treated equal and women are not seen as filth of the business by men," says former minister of Women and Child Development, Renuka Chaudhary.

Chaudury was participating in a panel discussion on sexual offences against women here recently organised by a TV channel.
"We have a lot of laws but they do not address the root cause of the problem. What is needed is pro-active work and education for young men to teach them to respect women," says veteran journalist and author Madhu Trehan.

"It''s unfortunate that we educate people not to murder but do not teach them to respect women. The advertisements promote inferior status of women compared to men," she adds.

Research released recently shows that every fifth woman worker is sexually harassed in India. Also drafted in the year 2007 by the National Commission for Women (NCW), the path-breaking "Protection of Women Against Sexual Harassment at Workplace Bill," still remains in consultation stages.

Joint Secretary of NCW, Sundari Subrimaniam Pujari opines that laws change as per the dynamism of the society.
"We need more sensitisation and good execution of laws and we need to make our children aware and give them good teachings," she points out.

Ranjana Kumari, Director, Centre for Social Research observes that sexual harassment is not only prevalent in educated circles but a poor woman working at a construction site is also subjected to it by the contractor.

"She has no knowledge whom to complain to. We need awareness for that. Parents should give voice and confidence to their daughters while bringing them up, so that a girl has guts to come out against sexual offenders," she says.

Senior advocate Aryama Sundaram favoured presence of tough laws along with education to deter criminals.
"Education is more today than it was 40 years ago, but, harassment is also more than it was 40 years ago in the society. We need teeth in form of laws so that there is a deterrent," he said.

http://news.in.msn.com/national/article.aspx?cp-documentid=4352141

National Conspirator for Wives aka NCW's VVIP dilemma

National Conspirator for Wives aka NCW's VVIP dilemma

The National Commission for Women (NCW) is in dilemma on filing an appeal after it was fined for harassing a man recently by Delhi High Court. The person approached the Delhi High Court for compensation, after he was de-boarded from an aircraft on the ‘unauthorised’ lookout notice, issued by the NCW. Sources said the NCW has been asked to keep silent on the issue, as it would be expose a VVIP’s wife for ‘recommending’ to pursue the case, leading to the issue of illegal lookout notice.

http://epaper.dailypioneer.com/ThePioneer/Pioneer/2010/09/06/ArticleHtmls/06_09_2010_005_066.shtml

the judgment of Delhi HC under consideration is here

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/delhi-hc-ncw-to-compensate-for.html

Sexual harassment covers all unwanted gestures, needs new definition

Sexual harassment covers all unwanted gestures, needs new definition

Monday, September 06, 2010

United News of India
New Delhi, Sept 6:

Making an effort to refresh the definition of sexual harassment, a panel discussion on the issue today focused on how the term 'harassment' covered a wide range of unwanted gestures.

Additional Solicitor General Indira Jaisingh noted, ''The fear of harassment is a major deterrent for women desirous of entering the workforce.'' She added that a casual gesture by a male colleague at work might become a source of fear for a woman.

The discussion was organised by entertainment channel Star Plus on the launch of their new venture 'Kaali' which deals with the fight of a middle-class girl against sexual harassment.

Besides, journalist and author Madhu Trehan opined that mere formulation of laws was not enough.

''We need to teach children from a very young age, the time when they are in school, that behaving properly with a woman is a part of being civilised,'' she said.

She emphasized that upbringing had a major role to play and preference for a son over the girl child in the country was only fuelling this attitude and commodifying women.

However, former union minister for women and child development Renuka Chowdhury said sexual harassment was everywhere and it was not only the fairer sex which was the victim.''Even young boys can be subjected to it these days,'' she said.

Also, National Commission for Women (NCW) joint secretary Sundari Subramaniam Pujari stressed that harassment cases taken up by agencies like the NCW and National Human Rights Commission were making a difference in the attitude of the district administrations and argued that awareness campaigns through schools and the mass media were key.

Centre for Social Research's Ranjana Kumari said, ''There is a sexual boundary drawn by a woman. It is the moment you cross that line that harassment happens.'' 

 

http://www.centralchronicle.com/viewnews.asp?articleID=46660

NCW to ask Home Ministry to frame guidelines on dowry cases

NCW to ask Home Ministry to frame guidelines on dowry cases

New Delhi, Aug 27 (PTI) National Commission for Women (NCW) today said it will ask the Union Home Ministry to frame guidelines for dealing with cases of dowry harassment.

Though the Commission did not favour tinkering with IPC Section 498-A which acts as a protection for women from dowry harassment, officials said, the NCW was of the view that some guidelines should be formulated by the Home Ministry in this regard."There is no need for an amendment. There is no need for dilution. What is required is a better sensitisation of police officials while dealing with such cases,"an official said. The remarks come against the backdrop of a recent Supreme Court observation asking the government to take a relook at the anti-dowry law to curb its misuse. The comments on dowry law were made during an NCW workshop on suitable marriage age for girls."Distinction needs to be made between child marriage which is forced by parents and others types which is on own volition of young adults, but parents oppose it on various grounds like family honour."Therefore, we could examine the issue of having a cutoff age which can to a limited extent give relief to those couples who are booked under various legal provisions and forced to live in nari niketan etc,"noted a release issued by NCW spokesperson on the views expressed in the workshop."Boys and girls should have the same age of marriage -- 18 years -- rather than having disparity of age because there is no scientific or biological reasons to keep the distinction of 18 and 21,"the release said. The workshop felt that what was required was the immediate and effective implementation of the compulsory registration of marriages.

http://www.indiareport.com/India-usa-uk-news/latest-news/887878/National/1/20/1

Fierce Heated Discussion (Fight) -Hardcore Traditionalist vs Feminists - Custodians of Indian values- DD News 03july10

Fierce Heated Discussion (Fight) -Hardcore Traditionalist vs Feminists - Custodians of Indian values- DD News 03july10

 

part 1/5

 

 

 

part 2/5

 

 

 

part 3/5

 

 

 

part 4/5

 

 

part 5/5

 

IBN7 discussion on SC judgment on misuse of 498a, warranting for serious relook of the entire provision by the legislation – True lies of Feminists Ranjana kumari caught on national channel unearthed red handed

IBN7 discussion on SC judgment on misuse of 498a, warranting for serious relook of the entire provision by the legislation – True lies of Feminists Ranjana kumari caught on national channel unearthed red handed

 

PART 1/2

 

 

 

PART 2/2

 

 

 

Full text of SC judgment is available here

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/sc-quash-misuse-of-498a-ipc-govt-to.html

Violence against women going down?

Violence against women going down?

New Delhi, Aug 13 (IANS) Complaints of attacks on women in the country have gone down sharply if official figures are any indication - from 4,505 recorded attacks in 2007 to 1,000 in 2010, parliament was informed Friday.

In a written reply to Bharatiya Janata Party’s Kamlesh Paswan in the Lok Sabha, Women and Child Development Minister Krishna Tirath said during 2007 to 2010 the National Commission for Women (NCW) instituted committees to enquire into specific incidents relating to alleged rape, kidnapping, burning and harassment and beating up by police.

As per the report provided by the NCW to the state governments in 2007, a total of 4,505 complaints were reported. In 2008, there were 4,262 complaints, 3,557 in 2009 and 1,000 attacks were reported till Aug 6 this year.

The cases reported in 2007 included 2,768 complaints on dowry harassment and cruelty, 2,025 complaints of dowry harassment in 2008, 1,535 such complaints in 2009 and 332 such cases were recorded in 2010.

According to the data given by the NCW, there were no report on incidents of acid attack or attempt of murder reported from any of the states in 2010.

“Action on complaints is taken by expediting and monitoring investigations by the police, resolution of matrimonial disputes through counselling and constitution on inquiry committee for serious and heinous crimes,” the minister stated.

http://www.thaindian.com/newsportal/uncategorized/violence-against-women-going-down_100411839.html

Don't do paternity test routinely: SC

Don't do paternity test routinely: SC

5 Aug 2010, 0420 hrs

NEW DELHI: In a significant judgement, the Supreme Court has said that paternity test to determine the identity of the child should not be done in a routine manner as it infringes on the right to privacy and may also render the child as bastard.

Such test should be done after taking into account various balancing acts and when it eminently required, said the apex court, setting aside the order of the Orissa High Court which had ordered for a DNA test to determine the paternity of a child in a matrimonial dispute.

“In our view, when there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA is eminently needed.

DNA in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has to consider diverse aspects, including presumption under Section 112 of the Evidence Act; pros and cons of such order and the test of “eminent need” whether it is not possible for the court to reach the truth without use of such test”, said a bench comprising Justice Aftab Alam and Justice RM Lodha.

The court said, “in a matter where paternity of a child is in issue before the court, the use of DNA is an extremely delicate and sensitive aspect. One view is that when modern science gives means of ascertaining the paternity of a child, there should not be any hesitation to use those means whenever the occasion requires.

The other view is that the court must be reluctant in use of such scientific advances and tools which result in invasion of right to privacy of an individual and may not only be prejudicial to the rights of the parties but may have devastating effect on the child. Sometimes the result of such scientific test may bastardise an innocent child even though his mother and her spouse were living together during the time of conception”.

The court also expressed serious concern over the order of the Orissa State Commission for Women which had roped into matrimonial dispute to determine the rights of the parties and had passed certain directions.

“No power or authority has been given to the state commission to adjudicate or determine the rights of the parties”, said court
It said, the act of 1993 has not entrusted the state commission with the power to take up the role of a court or an adjudicatory tribunal and determine the rights of the parties. The state commission is not a tribunal discharging the functions of a judicial character or a court.

The court passed the judgement on the appeal filed by Bhabani Prasad Jena.

On May 15, 2007, the appellant and Suvashree Nayak got married. The certificate of marriage was issued by the marriage officer, Khurda, Bhubaneswar on June 30, 2007. However, in less than three months, on August 7, 2007, the appellant filed a petition under Section 25(iii) of the 1954 Act for a declaration that the marriage between him and Nayak was nullity as such marriage was consummated which is pending in the court.

However, on December 30, 2008, Nayak filed a complaint before Orissa State Commission for Women alleging that she was married to the appellant and due to torture meted out to her by the appellant and his family members and other issues, they have separated. She claimed that she was pregnant.

The commission ordered that maintenance was compulsory for the petitioner, as she has to have safe delivery and take care of the baby besides other directions.

The appellant then challenged the order of the commission in the high court. It had ordered for a DNA test of the appellant and the child. Against high court order, the appellant had came to the apex court. “The High Court instead of correcting that order went a step further and directed that DNA of the child as well as the appellant shall be conducted”, said Justice Lodha writing the judgement for the bench.

http://economictimes.indiatimes.com/News/Politics/Nation/Dont-do-paternity-test-routinely-SC/articleshow/6259104.cms?curpg=1

Marrying in India is a crime, SMS campaign to warn eligible bachelors

Marrying in India is a crime, SMS campaign to warn eligible bachelors

By Mandeep Puri

CHANDIGARH: On Friendship Day, the Save Indian Family foundation (SIFF) has launched a SMS campaign to warn the would be grooms to be ware of deadly weapon in the hands of bride grooms- Section 498 A of Indian Panel Code which has made marrying in India a crime.

“Filing a complaint under section 498A is as easy as ordering an idli sambar to a road side vendor and actually, it is easier—the vendor may refuse to provide the dish but the police cannot refuse to listen to bride grooms”, claimed the members of Save Indian Family foundation (SIFF). 

A SIFF spokesman said, their aim is to make aware of the consequence that a man can face marrying in India. The SMS campaign, which was carried throughout the day targeted the people of Chandigarh, its counterparts, Punjab and Haryana. Thousands of SMSs were sent, saying, “If men in India wish to face the threat of losing their jobs and social status, then they should consider marrying in India. If you marry in India, then you have to abide by the laws of the land," stated SIFF.

“As far as revision of the law is concerned, National Commission for Women (NCW) maintains that strict dowry law is the sole way to ensure women empowerment and this is the only way to instigate the police and judiciary to get working. 

SIFF through the SMS campaign warned the people to be careful of the Indian dowry laws and its misuse”, said Gaurav Saini. 

The grooms targeted under this law are mostly wealthy and highly educated doctors, engineers, scientists and businessmen who are highly successful and have proven themselves in the career front. These people are threatened by the unscrupulous wives in collusion with the police to shell out crores of rupees as compromise amounts or find their names alongside dreaded international terrorists or drug smugglers.

“Such campaigns will continue in the coming future”, said the organisation. 

 

http://www.punjabnewsline.com/content/marrying-india-crime-sms-campaign-warn-eligible-bachelors/22463

NCW to pay harassed husband for initiating illegal criminal proceedings

NCW not empowered to initiate criminal proceedings, says Delhi High Court

The Delhi High Court has awarded a compensation of Rs. 40,000 to a man who was off-loaded by immigration authorities from an aircraft here on the basis of a look-out circular issued by the NCW, saying statutory bodies are not empowered to initiate criminal proceedings.

The High Court said that the compensation award has to be equally shared by the National Commission for Women (NCW) and Foreigners Regional Registration Office (FRRO) for de-boarding Vikram Sharma, against whom no FIR was lodged in connection with a matrimonial dispute.

Mr. Sharma had approached the court alleging that the FRRO had acted illegally in off-loading and detaining him here in April 2008 at the instance of NCW where his wife had filed a complaint.

“This court is of the view that the action of NCW in writing to the DCP, FRRO for the issuance of LOC (look-out circular) against Sharma was without the authority of law. The consequent action of FRRO (which) resulted in the petitioner (Sharma) being detained at IGI airport on April 8, 2008 was also illegal,” Justice S. Muralidhar said.

The court asked the Ministry of Home Affairs (MHA) to issue clarification orders within three months stating that a request for issuance of LOC cannot emanate from statutory bodies like NCW, NHRC as well as National and State Commission for Protection of Child Rights which are vested with the powers of a civil court.

“The NHRC, the NCW, the NCPCR (National Commission for Protection of Child Rights) have not been vested with the powers of a criminal court and do not have powers to enforce criminal law,” Justice Murlidhar said.

“They should bring the necessary facts to the notice of law enforcement agencies like the police, which will then make a request for issuance of LOC upon an assessment of the situation and strictly in terms of the procedure outlined for the purpose,” he said.

Mr. Sharma had alleged that he was “made to stand in solitary confinement in a toilet” and his passport was stamped with the remarks “Off loaded-deported due to criminal complaint”.

The court while accepting the plea of Sharma ordered removal of remarks from his passport.

When the incident had occurred, the NCW was seized of a complaint against Mr. Sharma in which his wife had expressed apprehension that her husband might flee the country to avoid the mediation process pending before it.

The NCW had sent a request for issuance of the look-out circular when the petitioner expressed his inability to appear before it.

Mr. Sharma had submitted that the Crime Against Women (CAW) cell of Delhi Police had also issued an LOC against him on his wife’s complaint, but the same was later withdrawn after the case was transferred to Anti Extortion Cell of Delhi Police.

http://www.thehindu.com/news/national/article546025.ece

Proposed ‘irretrievable breakdown of marriage’ as a ground for divorce-‘Change in Act to go against women’

Proposed ‘irretrievable breakdown of marriage’ as a ground for divorce-‘Change in Act to go against women’

The Centre’s decision to approve the amendment to the Hindu Marriage Act by introducing ‘irretrievable breakdown of marriage’ as a ground for divorce has not gone down well with women’s groups. NGOs have called the Bill an attempt to introduce one-sided divorce in the Hindu Marriage Act and Special Marriage Act.

Organisations such as Majlis, All India Democratic Women’s Association, Centre for Women’s Development Studies and Young Women’s Christian Association wrote to Congress MP Milind Deora saying, “A discussion on women’s rights to matrimonial property should go on alongside the discussion on irretrievable breakdown of marriage so that safeguards for women can be built into the provision.”

The NGOs fear men could misuse the amendment to abandon their wives. The letter said often husbands file for divorce on grounds of cruelty, adultery or desertion. Aware that proving these in court is difficult, men opt for a lump sum settlement with their wives. “Introducing the ground of irretrievable breakdown of marriage will take away this negotiating power from women,” the letter said.

Deora has forwarded the letter to Minister of Law and Justice M. Veerappa Moily saying these groups be given a hearing before the Bill is passed. “I have requested the Law ministry to meet members of Majlis and take into account all concerns regarding the issues,” Deora said. The Bill is likely to be placed in Parliament in the next session.

 

http://www.hindustantimes.com/Change-in-Act-to-go-against-women/Article1-573514.aspx

 

also related update @

http://palashscape.blogspot.com/2010/07/fwd-irretrievable-breakdown-of-marriage.html

---------- Forwarded message ----------
From: Majlis Law <majlislaw@gmail.com>
Date: Wed, Jul 21, 2010 at 5:04 PM
Subject: Irretrievable Breakdown of Marriage - Developments
To: Majlis Law <majlislaw@gmail.com>

Dear Friends,

Good News - Our sustained campaign has managed to make a dent. We have an assurance from the Law Ministry that the Bill will not be tabled until women's organisation have had time to deliberate on the issue and can come back with constructive suggestions and recommendations.

New Date for Meeting - Our meeting in Mumbai is now postponed to 2nd August 2010 (Monday) as members of the Ministry of Law and Women and Child Welfare would also like to attend. We are happy that our voices will be heard by the government and we do hope you will make the new date.

We are still awaiting outstation travel approvals from NCW as well as confirmation on the final programme. Will send you details as soon as we hear from them.

Thank you for your support.

Regards,

Audrey D'mello

Please find below the link to the article on IBM in Hindustan Times. 

http://www.hindustantimes.com/Change-in-Act-to-go-against-women/Article1-573514.aspx

Majlis
4, A-2, Golden Valley,
Kalina Market Road,
Kalina, Santacruz (East)
Mumbai 400 098
Tel: 022 26661252 / 26662394
Email: majlislaw@gmail.com
Website: www.majlisbombay.org

--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/

Rape convict who cleared IAS gets SC ‘relief’

Rape convict who cleared IAS gets SC ‘relief’

 

 

 

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

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

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

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

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

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

 

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

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

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

Supreme Court dismisses plea against Delhi High Court verdict

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

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

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

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

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

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

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

Need for proactive steps: NCW

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

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

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

 

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