'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 –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

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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

Bring Uniformity of Legal age for marriageable girl and consent for sex across all laws

NCW: Fix single age for girls' marriage

11 Jul, 2010 0331hrs IST TNN[ Himanshi Dhawan ]

NEW DELHI: What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes.
Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments.
Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, do not term a marriage between a girl below 18 years and boy below 21 years as "illegal" but recognize such unions as void and voidable (that is, there are grounds to quash it in a court of law, if challenged).
In recent times, however, there have been judgments — where the courts allowed a girl below 18 years, in one case as young as 13 years, to go to her husband respecting her discretion or "age of consent", even though she was yet to attain the legal age of marriage.
NCW has noted that courts in recent years have been only relying on a minor married girl's discretion on whether she wants to live with her parents or go to a protection home.
NCW chairperson Girija Vyas said, "We will ask the government to make the marriageable age of women uniform in all laws. Our petition is already before the court but we would like to press upon the government to clear the confusion and also ensure registration of all marriages."
Vyas said this was the only way to discourage child marriages that are rampant across the country.
According to the National Family Health Survey-3, over 47% of women in the age group of 20-24 years had been married by the time they were 18 years.
The court judgments, which held marriage of girls under 18 years to be legally valid, only add to the existing confusion regarding the marriage of a minor and highlight the disparity.
For instance, Section 5 (iii) of the Hindu Marriage Act, 1955, stipulates the marriageable age for both boys and girls. However, Section 11 leaves this clause out of the purview of the courts as far the legitimacy of a marriage is concerned.
Also, the explanation to Section 375 of the IPC provides that sexual intercourse between a man and his wife is not rape if she is 15 years or more. This acknowledges that it is possible to marry a girl, albeit a minor, even if she is 15 years or more.
NCW also plans to renew its demand for compulsory registration of all marriages.

11 Jul, 2010 0331hrs IST TNN[ Himanshi Dhawan ]

NEW DELHI: What is the marriageable age for a girl in India? Well, there is no straight answer to this question, thanks to legal loopholes.
Now, in a bid to dispel doubts, the National Commission for Women (NCW) has asked the government to consider bringing uniformity in the 'marriageable age' and 'age of consent' for girls. The need arises because of the disparity in laws and contradictory court judgments.
Both the Hindu Marriage Act, 1955, and the Prohibition of Child Marriage Act, 2006, do not term a marriage between a girl below 18 years and boy below 21 years as "illegal" but recognize such unions as void and voidable (that is, there are grounds to quash it in a court of law, if challenged).
In recent times, however, there have been judgments — where the courts allowed a girl below 18 years, in one case as young as 13 years, to go to her husband respecting her discretion or "age of consent", even though she was yet to attain the legal age of marriage.
NCW has noted that courts in recent years have been only relying on a minor married girl's discretion on whether she wants to live with her parents or go to a protection home.
NCW chairperson Girija Vyas said, "We will ask the government to make the marriageable age of women uniform in all laws. Our petition is already before the court but we would like to press upon the government to clear the confusion and also ensure registration of all marriages."
Vyas said this was the only way to discourage child marriages that are rampant across the country.
According to the National Family Health Survey-3, over 47% of women in the age group of 20-24 years had been married by the time they were 18 years.
The court judgments, which held marriage of girls under 18 years to be legally valid, only add to the existing confusion regarding the marriage of a minor and highlight the disparity.
For instance, Section 5 (iii) of the Hindu Marriage Act, 1955, stipulates the marriageable age for both boys and girls. However, Section 11 leaves this clause out of the purview of the courts as far the legitimacy of a marriage is concerned.
Also, the explanation to Section 375 of the IPC provides that sexual intercourse between a man and his wife is not rape if she is 15 years or more. This acknowledges that it is possible to marry a girl, albeit a minor, even if she is 15 years or more.
NCW also plans to renew its demand for compulsory registration of all marriages.

http://m.timesofindia.com/PDATOI/articleshow/6153230.cms