INDIAN Men and Husbands face Domestic Violence. Misuse of ipc 498a (Anti Dowry), DV acts, Anti Rape laws - A programme on News Nation Hum Log 04Jun2015
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Showing posts with label domestic violence. Show all posts
Showing posts with label domestic violence. Show all posts
Thursday, June 4, 2015
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
Thursday, July 3, 2014
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.
Wednesday, March 26, 2014
Bombay HC: Mere harassment not same as domestic cruelty
Bombay HC: Mere harassment not same as domestic cruelty
Written by Aamir Khan | Mumbai | March 25, 2014 1:23 am
Dismissing a petition by a woman who had levelled allegations of cruelty against her husband and his family members, the Bombay High Court has recently observed that mere harassment did not amount to cruelty as defined by the law on domestic cruelty unless it was done with a definite motive and an unlawful demand.
Justice Revati Mohite Dere was hearing a revision application of the 35-year-old woman who had sought criminal action against her 45-year-old brother-in-law and in-laws residing in Malad.
Earlier, on November 2, 2011, the sessions court had rejected her plea for the same, although a notice was issued to her husband.
The woman’s octogenarian father-in-law had died during the pendency of her application.
While referring to Section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC), Justice Dere observed that in the entire complaint, there was no illegal demand of any kind alleged to have been made by the respondents.
“It is pertinent to note that none of the allegations as set out in the complaint against the respondent number 2 to 4 (the woman’s in-laws) would constitute ‘cruelty’ as defined under Section 498A of the IPC. The harassment contemplated has to be with a definite object, namely
to coerce the woman or any person related to her to meet any unlawful demand. Hence, mere harassment is not cruelty,” Justice Dere said.
While dismissing the woman’s revision application, the high court also observed there was a tendency to implicate all the family members whenever there was a matrimonial dispute, something which had been deprecated by the Supreme Court.
aamir.khan@expressindia.com
Monday, August 5, 2013
Sunday, November 13, 2011
Uttar Pradesh urges Centre to make Section 498A of IPC a bailable offence
Uttar Pradesh urges Centre to make Section 498A of IPC a bailable offence
Posted on: 11 Nov 2011 on jagran
 |
| Make 498A of IPC bailable: UP to Centre |
Lucknow: In a bid check the misuse of the Section 498-A
of Indian Penal Code (IPC) that came into force against accused in
dowry cases and to save women from domestic violence, the Uttar Pradesh
government has urged the Centre to amend this Section to make it a
bailable offence.
Citing misuse of 498-A (Husband or Relative of Husband of a women subjecting her to cruelty) by unscrupulous women to extort money and to harass husband’s entire family, the state government has written a letter to the Central government seeking amendment.
Under 498 A, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
The matter was brought into light by Allahabad High Court during the hearing of a petition filed by Sanjeev Kumar. The High Court directed the state government to put forth its views on the misuse of 498-A.
Acting on the directives, state administration took review of dowry deaths and domestic violence in the state. It was found that from 2007-2010, more than 5500 cases of dowry deaths and 20,000 cases of domestic violence were registered.
In majority of the cases, kin of the victim filed an FIR against the husband and his family under 498-A of IPC as of which elderly, pregnant women and even juveniles were declared guilty. It was also found that in many cases allegations imposed by the victim and her family was totally wrong as there was no proof of any kind of physical assault. However, the husband and his family had to be put behind the bars in compliance with the rule.
http://post.jagran.com/uttar-pradesh-urges-centre-to-make-section-498a-of-ipc-a-bailable-offence-1321002676Citing misuse of 498-A (Husband or Relative of Husband of a women subjecting her to cruelty) by unscrupulous women to extort money and to harass husband’s entire family, the state government has written a letter to the Central government seeking amendment.
Under 498 A, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
The matter was brought into light by Allahabad High Court during the hearing of a petition filed by Sanjeev Kumar. The High Court directed the state government to put forth its views on the misuse of 498-A.
Acting on the directives, state administration took review of dowry deaths and domestic violence in the state. It was found that from 2007-2010, more than 5500 cases of dowry deaths and 20,000 cases of domestic violence were registered.
In majority of the cases, kin of the victim filed an FIR against the husband and his family under 498-A of IPC as of which elderly, pregnant women and even juveniles were declared guilty. It was also found that in many cases allegations imposed by the victim and her family was totally wrong as there was no proof of any kind of physical assault. However, the husband and his family had to be put behind the bars in compliance with the rule.
Thursday, May 26, 2011
Massive Procession Cum Dharna by NFHS on 4th June to protest heavy misuse of DV Act
MASSIVE PROCESSION CONCLUDED BY DHARNA
ON 04-06-2011 – BANGALORE
PROCESSION CONCLUDED BY DHARNA on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16000 members all over India. To know more about us please visit www.family-harmony.org / www.498a.org.in / http://498amisuse.wordpress.com
Details of the Event
Procession starting at Town Hall @9.30 AM
Procession concluding at Banappa Park @10.15 AM
Dharna at Banappa Park 10.15 AM – 12.00 Noon
We request all members who participate in the procession to maintain discipline.
Kindly reach the start point of the procession on time so that there is good strength for procession.
The procession is a “silent protest” and there will be no slogan shouting.
However at the Dharna we are free to shout slogans.
To protest against the injustice by the Government we plan to tie black ribbon around mouth to symbolic show that MEN facing injustice are not even being allowed to speak out.
The Theme of the protest is Gandhi Ji’s 3 Monkeys!!
Judiciary – They are turning a blind eye to the injustice, saying they are law implementers and not law makers.
Legislature- Fearing from women vote bank, Legislature is not speaking out even though they know that Gender biased law’s are heavily misused.
Executive- The executive turn away MEN and do not listen to MEN saying “Do not involve us in this and solve your problem in the court”
So, the question is where do MEN GO???
If the 3 main pillars of the democracy have shut their doors on the MEN then we have hope only from the fourth pillar of the democracy i.e. Media.
We appeal all our media friends to help us to spread awareness regarding heavy misuse of the gender biased laws and injustice caused to MEN and his families due to this.
Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.
Jai Hind!!
With profound respects,
For further information please contact.
Suresh P Mahesh M
President, General Secretary
9880141531 9731569970
Thursday, March 17, 2011
SC rejects feminist organisation’s plea for quashing "keep" remarks
New Delhi: The Supreme Court on Wednesday dismissed a petition by a women's group seeking withdrawal of the controversial phrase "keep" used by it in a judgement in which it held that a "one night stand" with a man would not entitle a woman to maintenance.
A bench of justices Markandeya Katju and T S Thakur rejected Mahila Dakshat Samiti's petition on the ground that it had no locus standi(legal right) to question the judgement since it was not a party to the matrimonal dispute in which the judgement was passed.
In the judgement delivered on October 21 last year, the apex court had held "if a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and or as a servant, it would not in our opinion be a relationship in the nature of marriage."
The country's lone woman Additional Solicitor General Indira Jaising and Vinay Bhardwaj, Vice President of the Samiti, expressed dissappointment at the apex court's refusal to withdraw the "derogatory remark."
The bench in a terse order today said "application for permission to file a review petition is rejected. This review petition has been filed on behalf of Mahila Dakshat Samiti seeking review of this court's order dated 21st October, 2010 whereby the appeals were allowed.
"Mahila Dakshat Samiti was not a party before this court or before the High Court or trial court. Having carefully gone through the review petition and connected papers, we see no reason to grant permission to Mahila Dakshat Samiti to file this review petition.
Hence, the application for permission to file review petition is rejected." The apex court in the judgement had ruled that a woman in a live-in relationship is not entitled to maintenance unless she fulfils certain parameters and said merely spending weekends together or a one night stand would not make it a domestic relationship.
It formulated the following parameters for a woman in live-in relationship to seek maintenance.
(1) The couple must hold themselves out to society as being akin to spouses, (2) they must be of legal age to marry, (3) they must be otherwise qualified to enter into a legal marriage including being unmarried, (4) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
"In our opinion, not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (Protection of Women from Domestic Violence Act). To get such benefits, the conditions mentioned by us above must be satisfied and this has to be proved by evidence," the court had said.
The apex court had passed the judgement while setting aside the concurrent orders passed by a matrimonial court and the Madras High Court awarding Rs 500 maintenance to D Patchaiammal who claimed to have married the appellant D Velusamy.
Velusamy had challenged the two courts' order on the ground that he was already married to one Laxmi and Patchiammal was not married to him though he lived with her for some time. Jaising said "the judges have chosen the easy option instead of confronting the issue as would be expected from judges from the Supreme Court."
She said the Samiti was an organisation with an illustrious track record of having worked in the interest of women for the last several decades including formulation of the dowry prohibition act and hence its credibility could never be doubted.
"The issues raised in the review peition do not relate to the parties to the case alone but to women as a class. The issues are use of gender bias language in judgements of the Supreme Court of India.
"It is expected gender-neuter language. The objection was to the word 'keep' and expression used only in relation to women in a highly derogatory context," she said adding the apex court had missed a "historic opportunity to correct a wrong."
Bhardwaj said she was deeply disturbed by the judgement as the apex court since the 1980s had played very progressive roles on women issues.
"As the time goes, the Supreme Court should have taken up positive and progressive views in view of the magnitude of the problems of women. Instead, it has chosen to dismiss the petition," she said.
PTI
Friday, November 26, 2010
Man fighting for harassed husbands fined 1L by Gujarat HC
Man fighting for harassed husbands fined 1L by Gujarat HC
Friday, November 12, 2010
Delhi courts - Woman files Domestic violence case against daughter-in-law
72-yr-old says daughter-in-law frequently beat her up, turned her out of her home; bahu says opposite is true
A 72-Year-old woman has filed a case against her daughter-in-law under the Domestic Violence Act.
Complainant Kanta Sudhakar Sharma claimed her daughter-in-law Ruby had beaten her up frequently and extorted money from her on several occasions.
Counter-allegation
Ruby had another story to tell, saying it was she who was the aggrieved party.
"My husband Ajay is living with another woman and is hand-in-glove with his mother. Both have plotted to force me to leave home," said Ruby. "For this man I left my family and changed my religion. But when they asked for dowry and harassed me, I did not bow to their demands. Now that he has found someone else, he and his mother are trying every trick to force me to vacate my flat."
Kanta refuted the allegations. She said she had filed a police complaint at the Hinjewadi police station in October 2009, but found the police took no action.
She then filed a case under the Domestic Violence Act 2005, under Sections 18, 19 and 23, seeking restoration of her legal right to live in the property which she jointly owns with her son.
"Ruby mortgaged my flat for Rs 10 lakh without consulting me. My son left home after he was subjected to continuous torture by my daughter-in-law," said Kanta. "He has sent her a notice for restitution of conjugal rights in May this year. Even after I was driven out of my home, my daughter-in-law continued to demand money to pay the electricity bill."
Kanta has also sought police protection and Rs 5,000 monthly maintenance from her son and daughter-in-law.
Legal position
Her lawyer, Advocate Dinkar Bhavsar said his client would continue to fight for justice.
"We filed a case on August 2 this year. My client has filed a case against her daughter-in-law and son after she was shown the door. We are talking about a complainant who is 72, is a blood pressure patient and has been frequently beaten up," said Bhavsar. "The respondent even took objection, saying that the respondent in a domestic violence case can not be a woman, but according to the law the respondent can be any person related to the husband. In this case the respondents are the son and his wife." Ruby said it was difficult for her to go through the tormenting situation.
"Whatever she says is a lie. I got married to Ajay in 2005, changed my religion and became Hindu for them," said Ruby. "Ajay is living with the other woman and whatever my mother-in-law is doing is just to vacate the flat. Ajay even stooped to the level of calling me just to force me to listen to him making love to the other
http://www.mid-day.com/news/2010/nov/121110-daughter-in-law-harrasment-domestic-voilence-Pune.htm
Tuesday, November 9, 2010
Is Marriage is Legalised Prostitution with burden of responcibility ? Indian Women find solace in Live-in relationships but with all benefits of Marriage. P7 news channel discussion on SC judgment on Maintenance and alimony for Women in live-in relationships
Is Marriage is Legalised Prostitution with burden of responcibility ? Indian Women find solace in Live-in relationships but with all benefits of Marriage.
P7 news channel discussion ( 08 November 2010) on SC judgment on Maintenance and alimony for Women in live-in relationships
Part 1/2
Part 2/2
Full text of SC judgment under discussion is available here
http://legalmanthandivorce.blogspot.com/2010/10/sc-lays-down-conditions-for-women.html
Tuesday, November 2, 2010
Man drinks poison after wife threatens to slap dowry harassment case and undergo abortion
Man drinks poison after wife threatens to slap dowry harassment case and undergo abortion
Monday, November 01, 2010 7:15:17 PM by IANS
Ahmedabad, Nov 1(IANS) A 22-year old man of Amraiwadi area of the city attempted suicide after his wife threatened to abort her pregnancy, police said Monday.
“Surendrasinh Bhadoria, a resident of Payal Park Society, consumed poison Sunday after his wife Arti said she would abort her four-month old pregnancy,” police said.
Married for over two years, their relationship had soured in the recent past. The wife’s parents had also threatened to slap a dowry case against Surendra and his family, police said.
Surendra has been admitted to a hospital, and is out of danger, police said.
Tuesday, October 12, 2010
Two women arrested for injecting HIV blood into mother
Two women arrested for injecting HIV blood into mother
Hyderabad, Oct 7 – Angry with their mother for refusing to write the property in their names, two women and the husband of one injected her with HIV-contaminated blood in Andhra Pradesh's Guntur town. The three were arrested Thursday.
Durga, 35, Kameshwari, 32, and Kameshwari's husband Sambasiva Rao, 36, have been arrested, police said. They were later produced in a court, which sent them to jail for two weeks.
The trio were after the property of 59-year-old Bharati and allegedly injected her with HIV-infected blood. Bharati complained to police that Durga, her step-daughter from her earlier husband, in connivance with Kameshwari and her husband took her to a hospital where they injected her with the HIV-infected blood.
Kameshwari works as a nurse in a government-run hospital, where she with the help of her husband and sister committed the crime.
Bharati, who was undergoing treatment for fever, grew suspicious when her condition worsened and she underwent blood tests which confirmed that she was injected with contaminated blood.
She alongwith her husband, Rachakonda Ranga Rao, a retired government employee, lodged a complaint with the police.
A case under Domestic Violence Act was booked against her daughters and son-in-law.
The accused were mounting pressure on Bharati to hand over to them her property estimated at Rs.50 lakh and when she refused they hatched a plan to ensure her death.
http://www.indiatalkies.com/2010/10/women-arrested-injecting-hiv-blood-mother.html
Truths about marital conflicts
Truths about marital conflicts
Oct 12, 2010
A study at University of Michigan has found that many marriages are probably doomed from the beginning because the partners couldn't get their act together.
While some wanted to resolve the conflict, others ignored it. The study has revealed some insights into some lesser-known truths about marital conflicts:
The husband is more likely to use constructive strategies, trying to confront a problem and resolve it by working through the disagreement, while the wife prefers to yell, or give the silent treatment and make the situation worse.
Over time, the wife is likely to change her behaviour, becoming more constructive in her approach to conflicts, while the husband is more likely to remain unchanged. Since both are willing to work together to resolve the dispute, the marriage has a better chance of succeeding, according to the study.
"You can't just have one person using constructive strategies, trying to find solutions and calmly discussing the problem. You have to have both spouses using that strategy," ABC News quoted Kira Birditt as saying.
29 per cent of the husbands and 21 per cent of the wives claimed they had no conflicts at all during their first year of marriage, which is doubtful since partner must make during the early months of a new marriage, and Birditt believes some spouses may have been less than candid on that question because they were interviewed separately.
"The method changed in the third, seventh and 16th year," she said, and the spouses were interviewed together. "When they are together, it's harder to lie. I can see the wife saying oh no, we did have a conflict, honey."
But perhaps the most surprising find was that greater constructive behaviours among wives predicted greater divorce rates.
"We were totally surprised by that. I'm not sure what's going on there. It might be that wives are more likely to use destructive strategies regularly, so when they use a constructive strategy it might be like the last straw. Maybe they're done with the yelling and screaming, but now they really have a problem," said Birditt.
Birditt, by the way, is in her third year of marriage, and she described herself as "happy." So how does she resolve conflicts in her own marriage?
"I think it depends on the situation," she said. "I guess I use all of them. It just depends on how mad I am."
The study is published in the current issue of the Journal of Marriage and Family .
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
Monday, October 11, 2010
Why daughters-in-law are hazardous for mothers-in-law’s health
Why daughters-in-law are hazardous for mothers-in-law’s health
Always thought it’s the mother-in-law who makes the life of her son’s wife a living hell? Well, according to a research, the daughter-in-law is actually primed for revenge.
Research shows women who are cared for by their son’s wife in later life fare less well than those looked after by their own daughter.
In fact, the set-up is so unhealthy an elderly woman would be better off living by herself.
According to Japanese researchers, the friction in the mother and daughter-in-law relationships is at the heart of their results, with years of arguments finally taking their toll.
During the four-year study, the scientists tracked almost 200 elderly Japanese men and women.
Their analysis revealed that living with a son and his wife to be highly detrimental to a woman’s health.
A woman cared for by her daughter-in-law was twice as likely to have died as one who lived with her daughter.
"These findings are provocative in that they suggest a survival disadvantage for women who are cared for by their daughters-in-law, that is a daughter-in-law 'penalty,'" the Daily Mail quoted the University of Tsukuba researchers as saying.
At its heart could be the 'strained relationship' between the two women, who traditionally are fighting for the affections of the same man.
Previous research by Cambridge and Exeter university scientists suggests the rivalry between a woman and her mother-in-law may have been behind the evolution of the menopause.
They believe it is nature's way of creating a truce in families. If older women are unable to have children, the younger females are free to lavish the family’s resources on their children.
The study has been published in the journal BMC Geriatrics.
Sunday, October 10, 2010
Gender laws in favour of women?
Gender laws in favour of women?
5 October 2010
nivedita choudhuri
The Union minister of law and justice has been saying on many occasions that laws will be made gender neutral in the next four years. Mr Veerappa Moily, recently replying to a debate in the Rajya Sabha, said male chauvinism and dominance should disappear and that men should never allow women to be degraded and looked down upon. However, the existence of a number of laws that are tilted heavily in favour of women makes the layman wonder if gender neutrality means looking after the interests of women (read wives) only and ignoring totally the welfare of men.
Take for instance the anti-dowry law – Section 498A of the Indian Penal Code – which has reportedly been misused by many women to lodge false or exaggerated complaints against their husbands and in-laws, accusing them of cruel behaviour. Implemented in 1983, Section 498A is a criminal law.
A case filed under this section is non-bailable (one has to appear in court to get bail), non-compoundable (the complaint cannot be withdrawn) and cognisable (the police has to register and investigate the complaint). The law says, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
This was meant to be a special law to get more convictions, but the opposite has happened because there are too many false complaints. Many women use the law to blackmail their husbands, allege activists of the Save Indian Family Foundation, a group that fights the misuse of laws targeted at men.
The false complaints can be filed due to many reasons. Sometimes, a wife wants her husband to sever ties with his family or stop giving money to his parents. If he does not comply with her demands, she slaps a false case against him alleging harassment for non-payment of dowry, allege the activists.
Men also find it unfair that their family members are arrested in the event of the wife naming them in the FIR. Anybody named in the FIR is arrested. It can even be the man’s parents, who live in a different town. The frivolity of the complaints was driven home by a recent newspaper article which reported that a wife was ready to slap a dowry harassment case against her father-in-law who had demanded fish curry for dinner. The wife, who was in no mood to cook fish curry, thought it would be easier to punish her ‘errant’ father-in-law by slapping a dowry harassment case on him.
Another law that is allegedly being misused is The Protection of Women from Domestic Violence Act 2005. This law assumes that all victims of domestic violence are women and it does not give a man a chance to complain or seek justice if he is being harassed or abused by his wife. It also assumes that wives are always honest and truthful. Therefore, proof and evidence to support the allegations of abuse are not required.
Due to the lack of social support and legal protection, many male victims of domestic abuse are taking their lives every day, allege SIFF activists. False cases are severely hampering the personal and professional lives of the most productive section of the Indian population.
Moreover, the so-called “women protection’’ laws are causing more harm than good to women. In every false case, at least two women, a mother-in-law and a sister-in-law, are accused. Minor girls, married and unmarried sisters, ailing mothers and even aged grandmothers have been sent behind bars based on mere allegations and subjected to long-drawn trials before being declared innocent.
Unreasonable and easily misused laws like Section 498A IPC and the Domestic Violence Act are creating a situation of fear and mutual distrust and adversely affecting inter-personal relationships between men and women in society. There is fear psychosis among men, who are increasingly finding it difficult to repose faith in women or marriage.
Despite the public outcry over the misuse of Section 498A IPC and the Domestic Violence Act, the government is not ready to make the proposed Sexual Harassment at Workplace Bill gender neutral. It presupposes that women are always victims of harassment in offices and does not take into account the fact that a woman employee can be every bit as abusive and sadistic as a male. Such laws violate the essence of Article 15 of the Indian Constitution, which prohibits discrimination against any citizen on the grounds of religion, race, caste, sex or place of birth.
Of course, the prime motivation in filing false cases is money. There are scores of cases, allege SIFF activists, where the wives threaten to go to the police or courts if they are not given hefty sums of money as “settlement’’. Sometimes, the clinching factor is the property and assets of their in-laws which the wives covet. What better way to usurp it all than foist false cases on one’s in-laws and then demand a king’s ransom. The proposed Bill against sexual harassment, if not made gender neutral, is likely to encourage the extortion “culture’’.
Though the sufferings of men and their families are increasing, the Indian government still thinks that it’s women who need protection. It is continuing to turn a blind eye to these harassed men, who have to spend the best years of their lives running around in courts to proclaim their innocence. But, can anything better be expected in a country which ranks a lowly 84th in the Corruption Perceptions Index?
The writer is a freelance contributor
http://www.thestatesman.net/index.php?option=com_content&view=article&id=343906&\
Saturday, October 9, 2010
Maintenance for live-in woman: issue for larger Bench
Maintenance for live-in woman: issue for larger Bench
The Supreme Court has referred to a larger Bench a question of law whether a man and woman living together for long, without a valid marriage, would raise a presumption of valid marriage entitling her to maintenance under Section 125 Cr.PC.
A Bench of Justices G.S. Singhvi and A.K. Ganguly, though prima facie held the view that women in live-in relationships would be entitled to maintenance, referred the issue to Chief Justice of India S.H. Kapadia for determination by a larger Bench having regard to the provisions of the Protection of Women from Domestic Violence Act, 2005, which provided for maintenance.
The Bench framed questions including “whether a marriage performed according to customary rites and ceremonies, without strictly fulfilling the requisites of Section 7(1) of the Hindu Marriage Act, 1955, or any other personal law would entitle the woman to maintenance under Section 125 Cr.PC. We think the larger Bench may also consider the provisions of the Domestic Violence Act. This Act assigns a very broad and expansive definition to the term `domestic abuse' to include even economic abuse. Therefore, women in live-in relationships are also entitled to all reliefs given under the Act.” Writing the judgment, Justice Ganguly quoted from the rulings of the House of Lords and the Privy Council to hold that cohabitation, with the required repute, as husband and wife was proof that the parties between themselves had mutually contracted the matrimonial relationship. The Bench noted that in the instant case both appellant Chanmuniya and first respondent Virendra Kumar Singh Kushwaha were related and lived in the same house and by a social custom were treated as husband and wife. Their marriage was solemnised with ‘katha' and ‘sindur'. “Therefore, following the ratio of the decisions of the House of Lords, this court thinks there is a very strong presumption in favour of marriage.”
Thursday, September 30, 2010
Court grants bail to husband in domestic violence case
Court grants bail to husband in domestic violence case
Ghaziabad, Sept 29 (PTI) A local court today granted bail to a Computer Engineer who was arrested on charge of domestic violence and dowry demand following a complaint by his wife.
Additional District and Session Judge S N Srivastva granted the bail to Vasu Gautam after his lawyer argued that the charges by his wife Versha were false.
In her complaint last month, Versha had alleged that her husband and his parents used to assault her and that they wanted to throw her into prostitution racket while they were in US to carry out his company project work.
However, Vasu denied the charges and accused his wife of withdrawing ornaments from the bank locker without his or his family's consent.
Earlier the court had granted bail to his parents in the case. The couple got married in 2004 and has a five-year-old son.
http://www.ptinews.com/news/994980_Court-grants-bail-to-husband-in-domestic-violence-case
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