फरीदाबादः पत्नी और ससुरालवालों की प्रताड़ना के बाद पति ने की खुदकुशी
भाषा [Edited By: नमिता शुक्ला] | फरीदाबाद, 27 जनवरी 2014 | अपडेटेड: 06:21 ISThttp://aajtak.intoday.in/story/delhi-husband-commits-suicide-in-faridabad-1-753272.html
India has over 90 million elderly persons above the age of 60 years and many of them, silently suffer abuse in the hands of either their daughters-in-law or sons, according to a survey report by HelpAge India.
The study, made public yesterday on the eve of the sixth World Elder Abuse awareness
Day, has found that about 41% felt that there has been an increase in the rate of crime against the elderly in the past three years.
"More than half of India's senior citizens surveyed feel that they are soft targets for crime," the report said.
HelpAge India is a leading humanitarian, development and campaign organisation working with and for older people in India for more than 30 years.
The World Elder Awareness Day evolved from its nascent stage in 1997 initiated by a small group in Australia, to becoming an issue that saw United Nations endorsing and making it a global concern.
At present, the UN recognises elder abuse as a public health and human rights issue.
The grim fact, according to the report, is that 98% of the elderly in India surveyed did not file any official complaint. "This showed that they are silently suffering abuse," it said.
The report found 63% of daughters-in-law as the major abusers of the elderly, followed by the sons (44 per cent).
Common indians anlysis - The 44% abuse by Sons as mentioned above is also due to the instigation and blackmailing done by their wives ( Daughter in laws for elderly) by threatening with IPC 498a – the dowry harassment case. These daughter in laws and her parents are misusing and abusing flagrantly and blatantly. All this is resultant to Feminsist lobby (backed by USAIDS and other funds) strongly arm twisting the govt to remain submissiove to let such foreign agencies destroy the social amd family fabric of INDIA and thereby weaken
The HelpAge report said that Delhi NCR region reported the highest (100%) number of the incidences in the hands of daughters-in-laws.
The percentage of elderly reporting ownership status of house living is among the lowest in Kolkata (15%).
It said that nearly 52% of the elderly surveyed were illiterate and 66% were financially dependent on others with half of the elderly depending on daughters-in-law for assistance in daily activities.
"A very high 85% of the elders were dependent on others for medical expenditure," it said.
The survey report further revealed that nearly 60% of the elderly consider verbal abuse as elder abuse while 48% felt physical abuse constitutes elder abuse.
Common indian’s analysis – There is 100 % Mental and psychological abuse and harassment of elderly parents of son done by their Daughter in laws
"As a result of the current aging scenario, there is a growing need for care of the older persons in terms of social, economic, health and shelter. Security of older persons in India is also emerging as an issue.
Common indian’s analysis –The major cause of such harassment is heavy misuse and abuse of Judicial and Police machinery by invoking IPC 498a misuse, Protection of women against domestic violence act 2005 ( PWDVA ) and other matrimonial laws abuse since these are severly loaded towards wife ( daughter in law ) and are biased and wife centric laws
"With more old people living longer, the households are getting smaller and congested, causing stress in families and marginalization, isolation and insecurity among older persons," it added.
The Delhi High Court has initiated contempt proceedings against the father of a Germany-based woman for backing out from a mutual consent divorce agreement in exchange of Rs 12 lakh. In March 2010, the woman had moved the Delhi High Court against her husband, charging him with domestic violence.
Her Delhi-based father filed a case of domestic violence and dowry demand against his bed-ridden daughter's husband.
Later, she agreed for a mutual-consent divorce for Rs 12 lakh.
Sunny and Sheila (names changed) married in 2002 in Delhi. During her stay in Germany, Sheila developed multiple sclerosis.
In 2008, she filed cases in Germany against her husband.
At present, the couple lives separately in Germany.
Prabhjit Jauhar, counsel for Sunny, in his petition said: "Sheila registered false complainants with the German court. Later German investigative authorities found that those complaints were false."
Jauhar told the court that Sheila was not summoned, as the German court noted she was suffering from an acute disease.
In March 2010, Sheila, through her father, informed the Delhi High Court's Mediation Conciliation Centre, that a divorce by mutual consent should be agreed upon for a sum of R12 lakh. She also gave her consent to quash the FIR against her husband.
However on November 1, Sheila's father said he was not willing to comply with the terms of agreement signed in March.
"It is a clear breach of undertaking given to the court and amounts to contempt," Jauhar submitted in court.
Justice GS Sistani said: "Respondent (father of the woman) has willfully violated the terms of settlement agreed upon. Issue notice to show cause, as to why contempt proceedings should be not initiated."
Sunny, in his petition, alleged that he has already deposited R12 lakh with the registry department of the High Court in March 2010.
The court has directed Sheila's father to be personally present in court on the next date of hearing.
http://www.hindustantimes.com/HC-orders-contempt-case-against-man/Article1-627757.aspx
A Delhi court on Monday acquitted a man and his two family members of the charge of burning to death his wife in 2005 stating that the victim had said that she suffered injuries in an accidental fire. "The prosecution seeks to condemn its own witness (the victim) when it argues that the deceased
could not be said to be in a fit condition to record her statement before the SDM concerned," additional sessions judge JR Aryan said.
The court absolved Mahender Singh, husband of victim Lata, his brother Narender and their mother Nirmala Devi of the charge of dowry death and subjecting the woman to cruelty.
It lent credence to the dying declaration of the victim in which she, before succumbing to her injuries, had told the SDM that the fire was accidental and she was not burnt by either by her husband or by the in-laws.
22 Sep 2010
NEW DELHI: The Delhi high court on Tuesday issued a notice to a woman accused of driving her father-in-law to commit suicide.
Justice S N Dhingra issued the notice on an appeal filed by the Delhi police through its prosecutor O P Saxena challenging the woman's acquittal by a trial court.
In its appeal, police decried the approach of the trial court, which even while recording that the woman abused and harassed her husband and her in-laws, refused to read any intention in her to drive the father-in-law to commit suicide.
गाजियाबाद। एक शख्स ने आज अपनी पत्नी को पाने की आस नहीं छोड़ी है। उसे लगता है कि उसकी पत्नी जिंदा है और वो एक दिन जरूर वापस आएगी। इसी आस में वो इंसाफ की लड़ाई लड रहा है। ये दर्दभरी कहानी सिटीजन जर्नलिस्ट गौरव सैनी की है।
दरअसल गौरव की पत्नी मोनिका डागर अब इस दुनिया में नहीं है। लेकिन गौरव उसे भूल नहीं पाया है। गौरव की मानें तो मोनिका के परिवार वाले एक साल पहले मोनिका को गौरव के पास से लेकर चले गए और फिर बाद में बताया कि उसकी मौत हो गई। गौरव का कहना है कि मोनिका को उसके परिजनों ने कहीं छुपा कर रखा है।
गौरव ने बताया कि मोनिका बेहद होशियार लड़की थी, वो आईएएस आफिसर बनना चाहती थी। शादी के बाद वो एक बेटी को जन्म देना चाहती थी ताकि अपने परिवार को दिखा सके कि लड़कियां बेकार नहीं होती। गौरव की मानें तो दोनों ने मिलकर कई सपने देखे थे जो पूरे नहीं हो सके।
गौरव और मोनिका दोनों अलग जाति के होने के वाबजूद शादी कर ली। मोनिका के परिवार वाले दूसरी जाति के लड़के से शादी करने के लिए राजी नहीं थे। गौरव की मानें तो उसे धमकियां भी मिली थी। जवाब में गौरव ने मोनिका के परिवार वालों से कहा कि कानून उसके साथ है।
फिर दोनों ने 6 जुलाई 2009 को को आर्य समाज मन्दिर में शादी कर ली। कुछ दिन बाद मोनिका के घरवाले पुलिस लेकर गौरव के घर पहुंचे और गौरव के खिलाफ अपहरण का केस दर्ज करवा दिया।
शादी का प्रमाण पत्र दिखाने के बाद भी वो जबर्दस्ती मोनिका को साथ ले गए और पुलिस ने गौरव को हिरासत में ले लिया। एक महीना डासना जेल में रहने के बाद गौरव रिहा हुआ। फिर उसने दिल्ली हाई कोर्ट में अपील दायर की। जिस पर कोर्ट ने मोनिका को 7 अक्टूबर 2009 को कोर्ट के सामने पेश करने के लिए कहा। जिसके बाद दिल्ली पुलिस मोनिका को लाने के गई तो उस गांव के सरपंच ने पुलिस से कहा कि मोनिका मर चुकी है। लेकिन गौरव नहीं मानता की मोनिका मर चुकी है।
सबूत के तौर पर मोनिका के परिवार वालों ने पेपर पेश किए की उसे एक अस्पताल मे भर्ती किया गया था। लेकिन अस्पताल के रिकार्ड में लिखा है कि मोनिका को कुछ दिन बाद स्वस्थ हालत में डिस्चॉर्ज किया गया। गौरव का कहना है कि अगर मोनिका मर चुकी है तो उसके परिवार वालों के पास सबूत के तौर पर पोस्टमार्टम रिपोर्ट या किसी डॉक्टर का डेथ सर्टीफिकेट पर साइन क्यों नहीं है।
पुलिस ने जब केस रिव्यू किया तो मोनिका के परिवार वालों पर क्रिमिनल कॉनपिरेसी और मर्डर का चार्ज लगाया। लेकिन वो बेल पर छूट गए हैं। जिस जांच अधिकारी ने मेरे ऊपर अपहरण का केस लगाया था उसे सस्पेंड कर दिया गया है। लेकिन गौरव आज भी मोनिका की आस में इंसाफ की लड़ाई लड़ रहा है।
BANGALORE: Can a woman try another woman under the provisions of the Protection of Women From Domestic Violence Act, 2005? No, says the Karnataka High Court.
Clearing this confusion, the division Bench comprising Justice K L Manjunath and Justice B S Patil said a complaint under this act against her mother-in-law or sister-in-law or women relatives can be registered, but the police can initiate action against them (respondents) only under Section 498A of the IPC or any other suitable enactments of law.
The Bench gave this clarification while dealing with the petition filed by one Leelavati.
In respect of residential rights, custody rights or protection, women can file complaints against only male members under the Domestic Violence Act but not against female members like mother-in-law or sisters-in-law or any others, the division Bench clarified with regard to ambiguity of the meaning of the word relative, in the proviso in section 2(q) of the Act.
Leelavati, a resident of Okalipuram, had filed complaints against her husbandBhaskar, father-in-law Murugeshan, mother-in-law Nalini and sister-in-law Kavitha under this Act, before the magistrate court. This was challenged by her husband and others. The fast track court had ordered that except Bhaskar's, other names should be dropped from the complaint.
Leelavati challenged this decision before the high court. The single bench, while concurring with the fast track court, referred this matter to the division bench for clarification.
also @
http://www.deccanherald.com/content/95506/women-cant-respondents-hc.html
Women can't be respondents: HC
Bangalore, September 9, DHNS:
In a judgment that is bound to have wide social implications, a division bench of the High Court has ruled that a case filed under the Protection of Women From Domestic Violence Act, 2005 cannot include women as respondents.
A division bench comprising Justice K L Manjunath and Justice B S Patil has ruled that "the definition of the term 'respondent' as defined under Section 2(q) of the Act, does not include a female relative of the husband or the male partner of the aggrieved female or a female living in a relationship of the nature of a marriage."
The ruling stands apart from the ruling of four other High Courts of the country including the Delhi High Court. The matter had been referred to the division bench by a single judge to define the term 'respondent' following a petition filed by Leelavathi S against her father-in-law Murugesh, her mother-in-law Nalini and her sister-in-law Kavitha under the Domestic Violence Act.
The debate on the inclusion or exclusion of women as respondents under this Act has been a long standing one. Many have felt that the Act, which was meant to protect women also has become a tool for targeting women. The Indian Penal Code already allows a case to be filed against women under Section 498A for dowry harassment. A complaint filed under Domestic Violence Act also provides for the respondent to be removed from the shared household or can be prevented from entering the household
Truth losing significance because of ego of litigants, says Delhi High Court
The Delhi High Court, ruling on a case involving the death of a married woman at the house of her in-laws, has said “truth is losing significance because of the ego of the litigants to see that in-laws should be hanged”.
Justice S N Dhingra ruled that it was unfair to presume that a woman, who ends her life within seven years of marriage, must have been subjected to harassment for dowry. “Suicide is a complex phenomenon. One who commits suicide is not alive to disclose what was going on in his or her mind when he or she committed suicide. There is no presumption that every suicide committed by a married woman in her in-laws’ house or at her parents’ house has to be because she was suffering harassment at the hands of her husband or her in-laws,” he said in the ruling on September 1.
Justice Dhingra made these remarks while dismissing a revision petition filed by the father of a woman who had committed suicide at her in-laws’ house in November 1988. The father got a case registered against her husband and in-laws under sections relating to murder, causing death for dowry and cruelty for dowry. In 2003, the trial court acquitted the husband and in-laws of all charges and held there was no evidence to suggest the woman had been tortured for dowry.
The father challenged this in the High Court but Justice Dhingra concurred with the view of the trial court, noting that several letters written by the woman to her father narrated every happening in her life but disclosed no sign of harassment for dowry. Moreover, medical evidence showed nothing to suggest homicide.
Justice Dhingra said every suicide had to be tested on the basis of evidence available on records and the mental conditions of the victim. The court also censured the growing practice among the deceased's family of slapping dowry cases as a matter of ego. The court said that normally the in-laws are convicted on the testimonies of parents of the girl who, in a fit of anger, are not prepared to believe that their daughter could commit suicide for any other reason.
‘No arrest without thorough probe’
Last August, the High Court had put a curb on registration of dowry cases as a “routine affair” and held that no arrest can be made unless there is a thorough investigation and prior approval of the DCP concerned. The court issued these directions to “salvage and save the institution of marriage” after noticing that trivial fights, ego clashes, “heat of the moment” decisions, were largely behind most of the dowry complaints.
http://www.indianexpress.com/news/cant-presume-all-suicides-by-women-are-dowryrelated/678136/0
A woman, who complained of being tortured by her in-laws despite giving a hefty dowry, found herself in trouble as a Delhi court has ordered filing of a criminal case against her and her family for giving dowry. Additional chief metropolitan magistrate Lokesh Kumar Sharma directed SHO Shahdara to register the FIR on a complaint filed in the court by a harried husband.
In the complaint filed through counsel Gagan Preet Singh and Karan Vir Singh, the man referred to the allegations made by his wife before the Crime Against Women (CAW) Cell of Delhi Police that huge dowry was paid in her marriage. PTI
मुरादनगर। मुरादनगर के एक युवक ने अपनी पत्नी को किन्नर कह कर उससे तलाक लेने का फैसला लिया है। युवक का कहना है कि उसके ससुराल वालों ने उससे 50 हजार के गहने लेकर अपनी किन्नर बेटी से उसका विवाह करा दिया।
युवक मुरादनगर स्थित एक इंजीनियरिंग कॉलेज में काम करता है। उसने कोर्ट में याचिका दायर की है कि राजनगर के एक कॉलेज में काम करने वाला शख्स अपनी बेटी का रिश्ता लेकर उसके पास आया और उसने यह बात युवक से छुपाई की उसकी बेटी किन्नर है।
शादी पक्की होने के बाद युवक ने पत्नी के पिता को 50 हजार रुपए के गहने भी दिए थे। इसके बाद 15 फरवरी को 2010 को युवक की उस लड़की से शादी करा दी गई। शादी के बाद युवक को जब इस बात का पता चला की उसकी पत्नी किन्नर है। यह जानने के बाद युवक ने कोर्ट का दरवाजा खटखटाया। दर्ज याचिका में युवक ने आरोप लगया है कि पत्नी के बाप ने उसके दिए गए 50 हजार के जेवर देने से इंकार कर दिया है।
section 304C IPC
Where the death of a MAN is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of his marriage and it is shown that soon before his death he was subjected to cruelty or harassment by his wife or any relative of his wife for, or in connection with, any demand for money or property , such death shall be called "honour killing" and such wife or relative shall be deemed to have caused his death.
The study commissioned by the National Commission for Women (NCW). and carried out by NGO Shakti Vahini was confined to the States of Haryana, Punjab and Western Uttar Pradesh. However, 560 cases profiled by the NGO reflects that it is a north Indian phenomenon.
The study reveals that in 88.93% of the total 560 cases surveyed, the perpetrators of the crimes were from the girl’s family.
The Study Report has inter-alia highlighted the following:-
• Honour Killings have been reported most from those areas where the Khap Panchayats are active.
• Shakti Vahini studied 560 cases where couples have been threatened. Of these 560 cases, 121 persons have been killed.
• Honour Killings are less about gotra issue and more about inter caste marriages.
• Violence and threatening of couples has been reported both from rural and urban areas and from almost all sections of the society.
• The reaction to the inter-caste marriages are much stronger and violent when the girl marries a dalit or to a lower caste than her own.
• The skewed sex ratio in the area has led to the worsening of the status of women in this region.
This information was given by Smt. Krishna Tirath, Minister of State for Women and Child Development in a written reply to a question in the Rajya Sabha today.
Delhi Police rapped for filing dowry cases without proper probe
Posted On: 06-Aug-2010 08:50:45 PM Source: IANS
A day after the Supreme Court held that a person cannot be convicted for merely demanding dowry, the Delhi High Court Friday pulled up the Delhi Police for registering a case of dowry against a person without carrying out a proper probe.
While granting bail to a person arrested under the dowry act, Justice S.N. Dhingra observed that before registering an FIR, the police must investigate the allegations levelled against a person in a detailed manner.
As per the prosecution, the complainant in the case, Ramesh Chand had alleged his daughter Geeta's brother-in-law, Jaipal and sister-in-law used to physically harass her. Geeta had married Mahadev Feb 16.
In his complaint, Ramesh Chand mentioned that during marriage, his daughter's father-in-law demanded a car which they could not give. After two months of the marriage, Mahadev started beating her. Also according to prosecution, Geeta's brother-in-law also harassed her, asking her to bring more dowry. Geeta committed suicide June 26.
While submitting his bail plea before the court, Jaipal contended that he did not demand anything either from Geeta or from any other member of her family.
'He was not involved in any act pertaining to the cruelty for any demand of dowry. There is absolutely no allegation in the entire prosecution story that the petitioner was involved in committing any act which can be covered under the four corners of the sections 498-A (Husband or relative of husband of a woman subjecting her to cruelty) and 304-B (dowry death) of IPC (Indian Penal Code),' submitted Amit Sahney, his counsel.
He also said that the police registered a case against him only on the allegations of Ramesh Chand. 'Police could not find anything incriminating against him. The entire story of the prosecution is based on surmises and conjectures and there is absolutely nothing on record against him,' he submitted.
Court asks cop to apologise to wife
OUR LEGAL REPORTER
A high court division bench on Tuesday refused to hear the anticipatory bail plea of a Bengal police constable who had moved the court apprehending arrest on the charge of torturing his wife and directed him to apologise to her with “folded hands”.
“The police have been entrusted with the job of ensuring that no housewife is tortured by her husband or in-laws. But in this case, the accused himself is a policeman. He should be given an exemplary punishment. This court is directing the petitioner to beg his wife’s pardon with folded hands within seven days. After that the court will hear his petition,” the bench of Justice Asim Banerjee and Justice Raghunath Roy stated.
The judges also asked the constable Dinesh Chandra Roy’s lawyer to inform them whether his client had gone to his in-laws’ house and apologised.
If the cop does not obey the order within the stipulated period, the matter would be brought to the notice of his superiors and stern action would be prescribed, said the judges. The bench scheduled the next hearing of the case on August 10.
“Many cases of torture on housewives by their policemen husbands are coming to the court. The division bench’s unique decision will surely send a message to the protectors of law,” said advocate Pradip Roy, counsel appearing for the state.
The 27-year-old constable, posted in Cooch Behar, had married Tapasi Roy, 21, of Bhaktinagar in Jalpaiguri, on December 11, 2009.
“Dinesh took dowry at the time of marriage but still used to ask his wife to bring more money from her father. As Tapasi’s father, a trader, could afford to give more money, Dinesh used to torture Tapasi both mentally and physically,” Pradip Roy told the court during Tuesday’s hearing.
The lawyer told the bench that the constable had beaten up his wife mercilessly on June 11 and she had to be admitted to a nursing home in Cooch Behar.
Tapasi’s father Sunil Roy, after getting the information, travelled to Cooch Behar on June 18 and brought Tapasi back to Jalpaiguri. Sunil later lodged a complaint with Gokulbhita police station in Jalpaiguri against his son-in-law under section 498A of the IPC.
http://www.telegraphindia.com/1100804/jsp/calcutta/story_12766843.jsp
KOLKATA: Dinesh Ray, a police constable posted at Cooch Behar, came all the way to Calcutta high court, praying for anticipatory bail. Ray feared arrest after his father-in-law lodged a complaint of wife torture under Section 498A of the IPC. The court asked Ray's counsel to ensure that the constable apologises to his wife by next Tuesday, failing which the court would take action against the accused.
The alleged wife torture began a month after Dinesh married Tapashi of Jalpaiguri in December, 2009. It continued for months till Dinesh recently thrashed his wife so much that Tapashi had to be rushed to a nursing home. Her father Sunil Ray lodged a complaint with the Gokulvita police.
When Ray's counsel Ranjana Talapatra moved the anticipatory bail, the division bench of Justice Ashim Kumar Banerjee and Justice Raghunath Ray held that it was shameful act on the part of the accused because he happens to be a police constable and is quite aware of the implication of the complaint under 498A. However, the bench did not turn down the bail application.
Sleeping with the enemy? Mohd Shahid and Zarina
Mohammad Shahid, 28, has to summon the police to take a look at the ultrasound scans of his unborn child, which he claims is in danger.
Shahid, who runs a laundary shop in Sadar Bazar, got married to Zarina, 21, a divorcee on October 10, 2009. But after four months, her father Hafiz Ahmad took his daughter home and complained against Shahid in the dowry cell of the Delhi Police that he was harassing Zarina.
"We had married against Hafiz's wishes. Apart from dowry, he also alleged that Zarina took jewellery and cash while going with me and demanded it back. Hafiz never brings Zarina to the hearings in the dowry case. She wants to live with me," Shahidalleged.
Shahid also claimed that Hafiz has threatened that he will abort the four-month-old foetus in the womb of Zarina, if he does not pay the money that she allegedly took with her.
"Acting on my complaint, the police have asked Hafiz to produce all the papers regarding medical check ups and scans of four-month pregnant Zarina by July 29," Shahid said.
"So far we have found no incriminating evidence against Shahid. We are investigating he case from all angles," said an officer attached to the dowry cell.
Hafiz, a local politician, has also contested elections to the MCD from Sadar Bazar and canvassed on a donkey.
"Though he got 56 votes in all, Hafiz claims that he has political connections and can ruin my life," Shahid alleged.
Hafiz rubbished his "former" son-in-laws claims, saying Shahid had "misled" his daughter into marrying him. "He was harassing her for dowry and as a father I protected my daughter. The case is on and I hope I will get justice for Zarina," Hafiz said.
http://www.mid-day.com/news/2010/jul/230710-Delhi-father-in-law-unborn-child-dowry.htm