SC acknowledges gross abuse of ANTI DOWRY LAWS - Bombay high court rapped for wrongly convicting man

SC acknowledges gross abuse of ANTI DOWRY LAWS - Bombay high court rapped for wrongly convicting man

New Delhi, Nov 12(PTI) Noting that his wife had committed suicide after her illicit relationship stood exposed, the Supreme Court has set aside the conviction imposed on a doctor and his parents by the Bombay High Court, saying it was a clear-cut case of gross abuse of dowry laws.

The apex court minced no words in expressing displeasure at the manner in which the High Court had convicted Dr Sunil Kumar Sambhudayal Gupta by erroneously reversing the acquittal order passed by the Sessions Court.

"The High Court dealt with the case very casually, adopting a very superficial approach to the whole matter and brushed aside the allegation of an illicit relationship for which there had been documentary evidence on record," a Bench of Justices P Sathasivam and B  Chauhan observed in their judgement.

The apex court said the manner in which the doctor and his parents were framed by the in-laws revealed the extent to which the anti-dowry laws were being abused in the country."It is a clearcut case of gross abuse of dowry laws.

The High Court did not make any attempt to appreciate the evidence with accuracy and reversed the findings of the trial court which were based on the evidence on record and for which detailed reasons had been assigned," the apex court said.

The court ruling came on an appeal by the doctor, a Mumbai-resident, and his parents. Married in December 1978, Gupta''s wife committed suicide in September 1985 by hanging herself.

Following the suicide, her brother Rajesh lodged a complaint with the police accusing the husband of illtreating his sister for dowry culminating in the suicide.The trial court acquitted the three as the prosecution failed to prove the charges against them.
Referring to her going into depression following the exposure of her illicit relationship with a neighbour and her strained life at home, the trial court concluded that Gupta''s wife "had been suffering from epilepsy, psychosis and depression and had been getting regular treatment for the same."

"Therefore it was not a case of dowry demand or treating her with cruelty," the trial court had held.But the High Court had convicted them, saying the defence had not been able to prove its version.Concurring with the trial court''s view, the apex court said, "The high court committed an error in shifting the burden of proof to the defence".

"In fact, the prosecution has to prove its case beyond reasonable doubt and the failure of the defence to prove its version cannot be ground for conviction.

"We find it difficult to sustain the conviction of the appellants (the man and his parents) on aforesaid counts (of dowry harassment and abetment to suicide)," said the Bench, while acquitting the man and his parents yesterday," the court said.

http://news.in.msn.com/national/article.aspx?cp-documentid=4570561

Full Text available @

http://legalmanthan498adowrymisuse.blogspot.com/2010/11/sc-acknoeldges-gross-misuse-of-anti.html

Doctor couple’s tiff takes ugly turn

Doctor couple’s tiff takes ugly turn

13 Sep 2010

While wife alleges that her husband led a police-lawyer team to barge into her home under the pretext of executing a court order, husband says that he is being implicated

Marriages are made in heaven, it is said, but for 27-year-old medical practitioner Pragati Chhajed, it was a hell of an experience after her  marriage  with a fellow practitioner, Sachin Chhajed, turned sour.
Now as a domestic violence case is on between her and her estranged doctor husband, Pragati alleges that her husband and in-laws, tried to intimidate her by arriving at her residence in Sadashiv Peth late in the night on last Monday.
According to the Criminal Procedure Code (CrPC), the male police constable should avoid visitng any residence especially where women are living alone. If necessary, a lady police constable should accompany any police team.
Pragati, who is from Amravati is pursuing her MD in BAMS, had married Dr Sachin in June 2006.
In less than three years the relation soured and Pragati filed a case against Dr Sachin and his parents under the Domestic Violence Act, 2005, in February 2010, charging her husband and in-laws with regular mental and physical torture. 
After she was provided interim relief by the Judicial Magistrate (First Class) Court (JMFC), Sachin went into appeal in the Sessions Court but could succeed only in securing a part-modification of the earlier court’s order.
Sachin then filed a fresh application before the JMFC, which allowed him and his family to reside together in the flat which was in possession of Pragati. The magistrate had also directed earlier this month that the two warring parties must obey the order passed by the Sessions Court.
WHAT HAPPENED ON MONDAY
Dr Pragati recalled the incident on Monday,  "On Monday at around 8.30 in the night, my husband and father-in-law, accompanied by two lady lawyers and two male constables, entered my Sadashiv Peth residence.
On being asked the reason for arriving at such late hours and that too without a lady constable, the police informed that they were there to execute a court order directing them to take survey and possession of the flat. They treated me shabbily and alleged that I was a trespasser on my co-owned property.”
“When I inquired with the police whether they studied the court order properly before coming to my place, they were unable to give a justifiable explanation.
The two lawyers and Sachin forced their entry into the house. Sachin later threatened saying that he will see how I reside in the flat.
I was subjected to abusive taunts and humiliated in front of the police and a neighbour. Somehow I managed to reach Deputy Commissioner of Police (Zone I), D Phadtare, on his mobile and narrated the incident and after his intervention the police left.
I immediately rushed to police station fearing a backlash from Sachin and his father and registered a case against them and the two lady lawyers," she added.
Pragati further informed, "My lawyer Asim Sarode helped me in gettting a monthly maintenance from my husband. More importantly Sarode, secured a order from the court directing my husband to return all my medical text books and my research material, which has not been complied with so far."
HUBBYS DEFENCE
Dr Sachin has denied all the allegation that were made by Dr Pragati. He said, “My parents and I were thrown out of the house at 11pm and we were not even aware about any such incident.
When I went to appeal in the Sessions Court, it  had directed me to reside in the  same flat along with my parents. This order had to be  followed from March 2010, but for the last six months I didn’t get any  response from her. Moreover,  I am residing at a rental flat with my parents. 
So I filed an application and sought the order in which the court had directed both the parties to obey the law. But on Monday we went there to asked if she had received  any court order. We are innocent and it is Pragati who is fabricating and falsely implicating us.”
WHAT POLICE SAYS
DCP Dnyashwar Phadtare admitted that police went to Dr Pragati’s residence, but to implement the court order. "On enquiring with my staff about this incident, I was informed that they went to the Pragati’s house as she remained unavailable during day time and were only trying to serve the court’s order on the same day," DCP Phadtare said.

 

http://www.punemirror.in/article/2/20100913201009130223022054fa7422/Doctor-couple%E2%80%99s-tiff-takes-ugly-turn.html

Not taken to honeymoon wife files 498a dowry harassment on husband and inlaws

Not taken to honeymoon wife files 498a dowry harassment on husband and inlaws

A 30-year-old doctor has registered a dowry and mental harassment case against her husband after living with him for just 10 days post marriage. However, in a private complaint filed in court, her husband has sought judicial separation from her, alleging she did not co-operate on matrimonial obligations.

Dr Nalini G, a resident of HRBR Layout, has filed a complaint with the Banasawadi police alleging that her husband and his family members harassed her for her “boring lifestyle”. They wanted her to be more modern and wear short skirts and crop her hair, she said. This was not acceptable to her, she said. “My mother-in-law would force me to cut my hair short and adopt a modern lifestyle. She even forcibly took me to the beauty parlour to shorten my hair, but I refused,” she said. She alleged that her brother-in-law would make her watch English channels and ask her to dress up in short clothes and western outfits.

Dr Nalini said her husband would not allow her to sleep before he slept, and his mother would not allow him to enter the bedroom before 1 am. “After coming to the room, he would use me physically and later make me sleep on the floor. The family members used to spend a lot of time consuming alcohol and would force me also to consume it,” she said.

“My husband hasn’t even taken me on a honeymoon. When I would talk about it, he would say he wouldn’t go without his parents.” She has also accused the family of demanding dowry.

“Soon after our engagement on December 6 last year, my in-laws had started demanding a vehicle, cash and gold. They had even threatened to call off the engagement, if their demands were not met. As I am the only daughter, my parents took a lot of loans and ensured that all the demands were met. But, lately, my in-laws have started demanding a share of my father’s property. Once, during an argument over this in my clinic, my husband manhandled me in front of my patients. The Hoysala police saw it and came to enquire what the matter was. But I sent them away saying it was a family issue.”

Dr Nalini said her in-laws had sent her to parents for the traditional ritual during Ashada Masa in July (when wife stays away from husband). But they did come to take her back after the end of Ashada Masa. “They refuse to pick my call. I was left with no option but to register a case.”

However, her husband A Dilip Kumar, an engineer, had a different story to tell. In a private complaint registered by his advocate in court, Dilip has sought judicial separation from Dr Nalini. “My wife, Dr Nalini, did not cooperate on matrimonial obligations and stayed with us for just 10 days after our wedding in April,” he alleged in his complaint. Dilip has not mentioned anything about dowry. Dr Nalini has submitted the list of the gold ornaments and also the bills for the car her father had bought to be given as dowry.

“Dilip’s family members have been absconding since the complaint was lodged,” Banaswadi police inspector NB Sakri said. “Even their telephones are switched off and there is no progress in the case yet.”

http://www.dnaindia.com/bangalore/report_husband-in-laws-want-doctor-in-bangalore-to-be-modern-harass-her_1435095

Method to examine rape victims is archaic: former Chief Justice of Delhi HC

Method to examine rape victims is archaic: former Chief Justice of Delhi HC

Mumbai Human Rights Watch, an international NGO working for human rights, released a report on problems with the existing methods of forensic examination of rape victims on Monday. Authored by Aruna Kashyap, the report deals with “absolute ignorance of survivor rights by the Judiciary and the State.”

Former Chief Justice of Delhi High Court, Justice AP Shah, released the report. “As the report points out, the finger test method which continues to be used for examining rape victims is an archaic method. We need a system to sensitise judges and lawyers on a large scale,” he said.

Based on 153 High Court judgments, the report cites judgments where the finger test has been cited as evidence of the victims’ compromised moral character.

“This is despite a Supreme Court order in the State of Uttar Pradesh Vs Pappu case where the apex court held that the victims’ sexual history had no bearing on a rape trial,” Justice Shah said. Eminent women’s rights activist and lawyer Flavia Agnes said the outdated forensic science syllabus is the root of problems in India. “Doctors continue to use the archaic finger test when WHO and gynecological organisations around the world have held that it is no proof of a woman’s virginity. When medical science has progressed to such astounding levels, the MCI does nothing to upgrade forensic science curricula. Students continue to read books which were written in the 1920s. The fact that a scientifically baseless test continues to be quoted and made the basis of High Court judgments is alarming,”she added.

Kashyap stressed on the need for a uniform standard to be set for examination of rape survivors. “Currently there is no set protocol which leaves room for ambiguities that compromise the survivors’ rights,” she said.

http://www.expressindia.com/latest-news/method-to-examine-rape-victims-is-archaic-former-chief-justice-of-delhi-hc/678191/

…..more @

Abolish degrading hymen test on rape victim: Activists

The international human rights body, Human Rights Watch (HRW) on Monday released a report, “Dignity on Trial – India’s Need for Sound Standards for Conducting and Interpreting Forensic Examinations of Rape Survivors”, seeking a ban on the finger test used on rape victims.   The report prepared

by Aruna Kashyap, women’s rights researcher with the HRW, documents the continued use of the practice and reliance of the “results” by many defence counsels and courts. The report was released by retired chief justice of Delhi High Court A P Shah.  

The practice involves the doctor inserting fingers in a victim's vagina to determine the presence or absence of the hymen and the “laxity” of the vagina.  

“This is yet another assault on a rape survivor, placing her at risk of further humiliation,” said Kashyap, adding: “The government should heed the demands of Indian activists to abolish this degrading practice. These tests are unsound scientifically because the state of the hymen is not conclusive about virginity.”  

The test conducted on the victim, without “informed consent”, would constitute assault and is inhuman and degrading, states the report.

Consent is interpreted as the victim being asked if she was okay with a male doctor performing the test, which is not sufficient, said Kashyap. 

“The doctor has to explain each procedure before conducting the test, which is usually not done. The actual test comes as a shock for the victim, who practically relives the trauma of rape,” said Kashyap.  

The Maharashtra and Delhi governments continue to recommend finger tests in their forensic examination templates.

 

http://www.hindustantimes.com/Abolish-degrading-hymen-test-on-rape-victim-Activists/Article1-597020.aspx

Doctors not hospitals guilty in negligence deaths: Delhi High Court

Doctors not hospitals guilty in negligence deaths: Delhi High Court

2010-08-08 17:20:00

If a patient dies due to medical negligence in a hospital then its management cannot be prosecuted and it is only the doctors who should be penalized, the Delhi High Court has ruled.

However, the court held that the management of the hospital would be liable in case of administrative negligence and failure to provide basic infrastructure to patients.

Justice Shiv Narayan Dhingra passed the order on a petition filed by Indraprastha Medical Corporation Limited challenging a metropolitan magistrate's order for registration of a first information report against it for alleged medical negligence resulting in the death of a patient in 2007.

Setting aside the trial court order, Justice Dhingra said: 'The hospital or company cannot be held liable for the personal negligence of the doctor in giving wrong treatment.'

'If there is an administrative negligence or a negligence of not providing basic infrastructure, which results into some harm to an aggrieved person or such negligence which is impersonal, the hospital can be held liable,' Justice Dhingra said.

The court, in its observation, said that it is the doctor who treats the patients and hospitals should not be punished due to error on part of its medical staff. 'The offence of medical criminal negligence cannot be fastened on the company since the company can neither treat nor operate a patient of its own.'

'It is the doctor working in the hospital who treats and performs operations. It is the doctor who examines the patients and prescribe medicines. If there is a deliberate or negligent act of the doctor working in the hospital, it is the liability of the doctor and not of the hospitals for criminal negligence,' the court said in an order delivered last week.

In the present case, the company contended that the hospital could not be held responsible as the patient was being treated by three doctors from the Department of Cardiology a few years back.

Counsel for the hospital argued that the patient had a natural death at his home several months after the surgery but the patient's family alleged that severe complications due to negligent treatment by the hospital doctors led to the death.

http://sify.com/news/doctors-not-hospitals-guilty-in-negligence-deaths-court-news-health-kiirudhhiha.html