Madhu Kishwar debates on Maneka Gandhi WCD minister's proposed amendment of Domestic Violence Act to protect Mothers-in-laws

Madhu Kishwar debates on Rajya Sabha TV on 23rd July 2014 on topic of Maneka Gandhi WCD minister's proposed amendment of Domestic Violence Act to protect Mothers-in-laws 
Panelists include
Madhu Purnima Kishwar of Centre for the Study of Developing Societies (CSDS)
Nalin Kohli, BJP spokesperson
Priya Hingorani, SC lawyer/Feminist
Prof. Vivek Kumar, Sociology, JNU
Anchored by Arafaan Khanam Sherwani

Delhi Commision for Women (DCW) chairperson welcomes Maneka Gandhi saying that Domestic Violence Act must protect Mothers-in-Law too. DCW admits to misuse of 498a and dowry laws by Daughter In-laws

Delhi Commision for Women (DCW) welcomes Maneka Gandhi decision that Domestic Violence Act must protect Mothers-in-Law too. DCW admits to misuse of 498a and dowry laws by Daughter In-laws

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

Boon or bane? Kolkata can't agree on 498A

Boon or bane? Kolkata can't agree on 498A
As by TNN | Jul 5, 2014, 02.33AM IST

KOLKATA: The Supreme Court verdict on Section 498A that police have to investigate before arresting the accused has sparked a debate in Kolkata. While women's rights groups fear it might weaken battered wives' only remedy against abuse and torture, legal experts feel it will help prevent misuse of the law and make it more balanced.

Bengal is a lab case for Section 498A a whopping 29,800 cases were registered in the state 2013, but led to only 2.3% convictions. This has been the trend for the last few years.

These figures indicate that an alteration was necessary, lawyer Shekhar Bose says. "In 80% of the registered complaints, the charges are fabricated or exaggerated. There have been numerous instances where members of the husband's family, who live abroad or in other cities, have been arrested. Such a law cannot exist without an amendment," Bose said.

Lawyer Jayanta Chatterjee remarked that the vast majority of complainants were from urban areas, where many case were lodged by women "to teach their husbands and in-laws a lesson". "Thousands of women in rural interiors, who face genuine abuse, neither know about the law nor have access to police and lawyers," he pointed out, adding: "We need Section 498A for women who are abused and tortured. But we also need to make sure that it's not misused. False complaints are lodged too often, leading to family break-ups. Eventually, it's not just the husband who suffers in such cases, but also the wife. This provision for an enquiry will help stop that."

However, State Women's Commission chairperson Sunanda Mukherjee doesn't agree that misuse is reason enough to alter the law. The provision for enquiry shuts the door on women seeking justice, she argues. "Every law is liable to be misused. People are wrongly charged for murder under Section 302. So, do we stop punishing murderers?" she asked.

A law which is yet to be used by majority of victims can't be said to have been misused, she pointed out. "Section 498A is not yet accessible to thousands of women in marginalized sections who are abused, tortured and thrown out of their homes. Yes, it has been misused by some women in cities, but that can't justify this alteration which makes the law ineffective. We all know that left to them, police won't make any effort to arrest even a genuine offender. They could be bribed to scrap or fudge an enquiry. More importantly, how can you find evidence for psychological torture, which is very important in Section 498A?" she asks.

Former women's commission member Bharati Mutsuddi sees it as a major setback for women's rights. "Women are now at the mercy of police and administration, which were always insensitive to them. Section 498A was the only major weapon women had against marital abuse and it's now taken away. The law was the result of a long struggle for justice. All that effort and struggle now goes down the drain," she said.

Author Suchitra Bhattacharya felt it was better to make some investigation before arresting the accused. "I know many cases, particularly in urban areas, where the women take advantage of this law. They make false allegations and the in-laws have to suffer," she said.

Lawyer Sudipa Bhattacharya felt the alteration will make it a more balanced law, but the poor and marginalized could suffer. "It will be difficult for poor, illiterate women in our villages to get police to act," she said.

Bose argues that it is too early to conclude that the law has turned impotent and that police will be biased against women. "First, it remains a non-bailable section which means the law is strong enough. An offender, if found guilty, will face the same stringent penalties. It will be hasty to assume that police will allow offenders to go scot-free. Let us give the new law a fair run for it is a far more balanced and fair one," said Bose.

Mahua Bhattacharjee of Parash Pathar, an organization that fights for 498A "victims" across the country, said: "This is a great relief against misuse of the dowry law which has left as many victims as it has secured the fate of women against dowry atrocity." Many grey areas still exist, she remarked. "Since it is non-cognizable, non-bailable and non-compoundable, a 498A case cannot be withdrawn by the complainant. I know a couple, who are still fighting the 498A case years after their differences were resolved."

But why does Bengal top the list of 498A cases? "It is because of changing values of Bengali women. There is great deal of disharmony in families with saas-bahu relations. The daughter-in-law files a 498A complaint to teach her husband and mother-in-law a lesson, but eventually the complaint turns out to be too costly for both parties," said Bhattacharjee.

Sourav Ganguly, a lawyer with an expertise in handling 498A cases, said, It is a common practice by the prosecution specially in this part of the country that an accused is forwarded before a Magistrate along with a document commonly known as the ?Forwarding Report', while dealing with the question of detaining the accused for a period of more than 24 hours only deals with the forwarding report, the written complaint, the formal F.I.R prepared by the Police, the arrest memo, medical report of the accused and some times with the seizure list if supplied by the prosecution.

After this apex court judgment, the magistrate has to apply his judicial mind to determine whether the circumstance justify detention of the accused in police custody. Police custody being an infringement of liberty should not be ordered as a matter of course as the law has for his protection provided for the compulsory production of a person before a Magistrate either 24 hours of his arrest and this constitutional right has been given "to prevent arrest and detention with a view to extract confession" and "to afford an early recourse to a judicial officer independent of the police on all questions of bail or discharge [30 CWN 985]. Section 167 Cr.P.C. has given him full discretion to order detention in such custody as the Magistrate thinks fit but if detention in police custody is ordered, he must record his reasons U/s 167 (3) Cr.P.C.

It will also prevent marital splits on flimsy grounds, the latter argued.

Source-http://timesofindia.indiatimes.com/city/kolkata/Boon-or-bane-Kolkata-cant-agree-on-498A/articleshow/37800684.cms

Have to follow Delhi high court order on domestic violence Act, says Bombay high court | PIL seeks to grant all women in house power to use Domestic Violence Act

Have to follow Delhi high court order on domestic violence Act, says Bombay high court

Pushpa (L) and her daughter Kusum filed the PIL

MUMBAI: The Bombay high court on Thursday was informed that the Delhi high court has upheld the inclusion of a mother of a male abuser for relief under the Protection of Women from Domestic Violence Act, and also that the Supreme Court had rejected an appeal filed against this order.

A division bench of Chief Justice Mohit Shah and Justice M S Sonak heard a petition by Kusum Harsora (54) and her 78-year-old mother challenging the exclusion of women, other than wife/live-in partner, of a male abuser. A magistrate had rejected their complaint against a sister-in-law and Kusum's two sisters on the grounds that a mother and sister do not qualify as "aggrieved persons" under the Act. Kusum informed the court that the Delhi HC in Kusumlata Sharma versus State of Delhi (NCR) on September 2, 2011, had held that that a mother-in-law is also entitled to file a domestic violence complaint against her daughter-in-law.

"While the Delhi HC does not say about a sister, but it is understood to include her. We'll have to follow the (Delhi HC) order," said Justice Shah.

But the Centre's advocate, Dhiren Shah, sought time to "confirm" the SC order and if the women and child welfare development ministry knew of it. The next hearing is on June 17.

Source - http://timesofindia.indiatimes.com/city/mumbai/Have-to-follow-Delhi-high-court-order-on-domestic-violence-Act-says-Bombay-high-court/articleshow/36451699.cms

----

PIL seeks to grant all women in house power to use Domestic Violence Act

Women in a household other than a daughter-in-law or a live-in partner could be allowed to file a case under the Domestic Violence (DV) Act if the Bombay High Court rules in favour of a Public Interest Litigation currently before it. 

A division bench of Chief Justice Mohit Shah and Justice M S Sonak on Thursday gave the central government five days to verify if the Supreme Court had passed any order on the issue.

The court was hearing a PIL filed by a mother-daughter duo who are challenging the validity of Section 2(q) of the DV Act, which restricts the definition of a respondent to male members of the family. The PIL, filed by Kusum Harsora, 54, and her mother Pushpa, 78, says the section discriminates between women living in the same household.

During the hearing on Thursday, Kusum argued on the basis of details given in the PIL and later submitted a 2013 Delhi High Court judgment in which a mother-in-law was allowed to file a complaint under the DV Act against her daughter-in-law.

The court then asked the Union government's advocate, Dhiren Shah, to verify if there was any Supreme Court judgment on the issue and to inform the court of this after the lunch-break. The advocates informed the court that there was one SC judgment that could help Kusum but they wanted time to verify the facts.

The PIL says that both petitioners had lodged a complaint against Kusum's brother, sister-in-law and two sisters for subjecting them to mental and physical harassment. But in February 2012, a single-judge bench of the HC discharged all three women, holding that no complaint under the DV Act can be filed against the female members.

The mother-daughter petition challenges this very provision, saying that though the legislation is supposed to protect women from domestic violence, it discriminates between two women in a domestic relationship.

According to the PIL, while the provision allows a wife or a woman in a live-in relationship to file a complaint against her husband or male partner and/or any of his relatives, it does not allow other women in a domestic relationship to lodge a complaint and seek relief against other female members of the family. This would include a daughter-in-law, sister or daughter.

"The proviso ignores the fact that even female members of the family can be perpetrators of domestic violence. There is no rational basis of classification between a wife or a woman in a live-in relationship and other females of the family," says the PIL.

On Wednesday, the Union government had filed an affidavit saying that allowing a man's female relatives to seek relief under the said Act could make it prone to misuse. Though the affidavit agreed that women other than wives or partners were also susceptible to domestic violence, it denied that the Act causes undue hardship to other women in the house.

Source - http://www.mumbaimirror.com/mumbai/crime/PIL-seeks-to-grant-all-women-in-house-power-to-use-Domestic-Violence-Act/articleshow/36452656.cms

***

No maintenance to wife in domestic feud case:Court

No maintenance to wife in domestic feud case:Court

Last Updated: Thursday, August 30, 2012, 15:25 

  

Thane: The Thane District court has set aside an order of a lower court granting maintenance to a housewife and her child. 

In his order, Additional Sessions Judge A P Raghuvanshi, on August 28, held that the housewife was not entitled to any relief under the provisions of Protection of Women under Domestic Violence Act, 2005. 

The case related to one Ramji and Sheetal (names changed) who were married on April, 29, 2002 in Mumbai. After 15 months of marriage, the husband had filed a divorce petition in the Bandra court on ground of cruelty, under section 13(1) of the Hindu Marriage Act, 1955. 

He had stated in the petition that his wife was adamant, rude and quarrelsome and her conduct had led to the deterioration of their relationship. 

However, before the counsellor, the wife reportedly admitted to her faults and a consent term was prepared and filed on January 1, 2004 and the couple started living together. 

Later, the wife, after taking into possession all the jewellery which she had received during the marriage, filed an application for maintenance and also filed a complaint under Domestic Violence Act, 2005 and lodged an FIR against her spouse. 

The magisterial court then ordered a maintenance of Rs 3,000 each per month for the wife and their child. 

The court also ordered the husband to return Rs 1.50 lakh, that he borrowed from his mother-in-law. 

The husband and his parents then filed an appeal challenging the order of the lower court, which was allowed by the sessions court at Thane. 

In his order, the judge observed that "all these allegations made by the wife clearly establish the probability in favour of husband that it is he who had tried to settle the mater from time-to-time and he even resided separately along with the wife, but still the dispute continued between them".

"In this position, the allegations made by wife that husband was not providing food to her and she had to sleep empty stomach are totally false," the court observed. 

"This admission also establishes that when the husband could not provide separate accommodation for his wife, he had even allowed her to cook separately by making partitions in the same house where his parents were living. Thus, it is the wife who did not cooperate with the husband even though, he tried to mould himself as per the whims of his wife," the court further observed. The admission given by the wife in her cross-examination brushes aside the allegations of domestic violence committed by the husband, the court said. 

As regards the payment of Rs 1.50 lakhs, the court stated that "the recovery of said amount is a transaction in between husband and the parents of his wife, for which civil suit is required to be filed by his in-laws. The said transaction has nothing to do with any act of domestic violence." 

Setting aside the order of the lower court the district court observed, "JMFC has totally neglected the admissions given by wife during the cross-examination showing that her husband had provided all sorts of opportunities to her. The applicant has failed to establish any allegations against her husband. Therefore she is not entitled to any relief under the provisions of the Protection of Women under Domestic Violence Act, 2005".

Therefore, the Magistrate has incorrectly passed the order in favour of the wife and the findings arrived by the lower Court require interference at the hands of this Court, the Judge added. 

PTI 

Source htt01.htmlp://zeenews.india.com/news/maharashtra/no-maintenance-to-wife-in-domestic-feud-case-court_7967

How in most cases mothers on the side of the bride are most interfering causing breakage of marriages

How mothers can break marriages

Aditi Gyanesh, TNN Jan 4, 2014, 11.06AM IST

LUDHIANA: Sanya married a well to do businessman one and a half years ago. But she felt lonely in her marital home as she did not talk much to her in-laws. However, she talked to her mother every night and updated her on every detail. Her mother encouraged her to adopt the tit for tat attitude.

Sanya's husband, Sumit, who remained busy in his business or the family, followed the advise of his mother, who kept a strict tab on when and where the couple went and what they talked about.

Interference of mothers on both sides led to fights between the couple and after one and half stormy years they were in court for divorce. None of the four were willing to adjust.

Sanya and Sumit are among the many couples in Ludhiana who suffered marital discord due to the interference of mothers on both sides. A whopping 50% of divorce cases in courts have come within two or three years of marriage. The main reason being the inability of couples to adjust in each other's families. Advocate Avtar Kaur Brar, who handles such cases in Ludhiana district court said, "We get many cases of mothers intruding upon the lives of married couples. Newly weds also don't understand the need to maintain a distance and follow their mothers, landing up for divorce eventually. In most cases, it has been found that mothers on the side of the bride are most interfering. Girls share everything with their mothers and instead of putting them on the path of marital happiness, mothers ask girls to adopt a confrontationist stance. Couples today lack understanding and file for divorce."

Although marital discord may also be prompted by factors like domestic violence, extra marital affairs and busy partners, interference of mothers is a constant on both sides. Members of Punjab Istri Sabha, an organization which counsels couples coming for divorce, say they encounter cases of parents interfering in the married life of their children every other day. Eventually, things come to such a pass that the couple's life is spoiled and she files for divorce.

"It is very sad that parents don't even tell their children to understand their partner and just go along with their decision to file for divorce. They are also keen to get them married again. What is the guarantee they will not interfere in the second marriage and take it to divorce? Marriage is not a small thing to dispose of anytime. A couple must understand the importance of maintaining distance," said president of Punjab Istri Sabha, Gurcharan Kochar.

After interference of mothers, marriages also hit rock bottom due to extramarital affairs, which are increasing in the city. If advocates are to be believed, many of these liaisons are the result of social networking sites like Facebook, Whatsapp and mobile phones. These distractions don't allow partners to spend the crucial initial time with each other after marriage. In about 25% of cases, couples don't understand each other because they don't spend much time with each other. Other reasons for breaking of marriages include domestic violence, too much arguing, lack of equality, infidelity, marrying too young and unrealistic expectations.

http://articles.timesofindia.indiatimes.com/2014-01-04/ludhiana/45859866_1_divorce-cases-mothers-marital-discord

Domestic violence case and IPC 503 case filed against the Daughter-inlaw who throw out old inlaws from their home

Old couple thrown out of house by daughter-in-law in Jaipur !

Domestic violence case and IPC 503 case filed against the Daughter-inlaw who connive with her father to grab the property of sasur and saas.  

 

Misuse of IPC 498A Dowry Harassment Laws - The Bared Naked Truth  

Wasif Ali slams Feminists' web of lies on Gender Discourse programme of LOKSABHA TV on 28 Aug 2011

Part 1/4

Part 2/4






Part 3/4





Part 4/4

India's elderly suffer major verbal and physical abuse by Daughter-In-Laws silently: HelpAge report

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.

http://www.hindustantimes.com/India-s-elderly-suffer-abuse-silently-HelpAge-report/Article1-709629.aspx

Delhi district court-Three acquitted in dowry death case. Suicide due to Illicit relationship given color of dowry demand and death by Girl’ family

Delhi district court-Three acquitted in dowry death case. Suicide due to Illicit relationship given color of dowry demand and death by Girl’ family

New Delhi, Nov 14 (PTI) A Delhi court has acquitted a man and his parents of the charges of causing death of the former''s wife for dowry, noting that the accused were financially well-off to raise such demands.
Additional Sessions Judge Kamini Lau absolved Pankaj Raj, his father Surender Kumar and mother Kamlesh of the charges under Section 304 B (dowry death) and 498 A (cruelty) of the IPC.
The court took into account a number of facts like Raj''s earnings, the gifts he had given to his wife Ritu, the places he took her to on their honeymoon, besides the financial condition of Kumar and the victim.
It said that Ritu was maintaining an independent bank account and had even paid Rs 40,000 to her brother for buying a motorbike after her marriage with Raj on December 9, 2005 to conclude that she herself was capable of taking care of her financial requirements.
The court further said the demands for articles like TV and AC do not appear "plausible" as Raj was the only son of his parents and his sister was settled in the USA as professor at Harvard University.
It also said that besides the mother and brother of the deceased, no one else from her family including the father was cited as witness by the prosecution to prove their charges.
"It is clear from the evidence of the witnesses that the deceased has committed suicide but it cannot be related to any dowry-related harassment by the accused as apparently there is no proximity or link between her death and the alleged misconduct by the accused persons," the court said.
During the trial, the accused tried to point out to the court that the victim could not reconcile with her marriage as she got attached with a boy with whom she was earlier engaged and was even in touch with before committing suicide on April 10, 2006 at her matrimonial home in Janak Puri here within five months of her marriage.
"The prosecution story does not inspire confidence and is not worthy of credence, especially in view of the glaring contradictions and overwhelming inconsistencies in the statements of witnesses," the court said, acquitting the accused.

http://news.in.msn.com/national/article.aspx?cp-documentid=4576032

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

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

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

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.

http://www.dnaindia.com/lifestyle/report_why-daughters-in-law-are-hazardous-for-mothers-in-law-s-health_1449964

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&\

Delhi court –PWDVA-MIL SIL can file PWDVA on Bahu ?-'Mother, sisters protected equal to man's wife'

Delhi court –PWDVA-MIL SIL can file PWDVA on Bahu ?-'Mother, sisters protected equal to man's wife'

PTI

19 Sep 2010

NEW DELHI: The mother and sisters of a man are equally protected in a dispute with his wife under the Domestic Violence Act and they cannot be made accused without a scrutiny of charges against them, a Delhi court has said.

"The Protection of Women from Domestic Violence Act, 2005 protects the mothers, sisters and daughters from any kind of physical and mental abuse or violence in as much as it does the daughter-in-law. The court as a protector and implementor of rights, is required to perform a balancing act," Additional Sessions Judge Kamini Lau.

The court said that raising allegations by a woman against her mother-in-law and sisters-in-law without any substance would rather cause violence to them.

"Making wild allegations against an unmarried sister-in-law of a tender marriageable age by an estranged wife of brother tantamounts to inflicting violence upon her and it is the duty of the court to ensure that she is protected from the same.

"Violence can also be inflicted by an estranged wife or daughter-in-law or sister-in-law upon other members of the husband's family to gain and secure personal points and financial control or for separating her husband from his parents and other family members," the court said.

It further said that mother-in-law or sisters-in-law (married or unmarried) cannot be permitted to be subjected to harassment only because they happen to be related to the estranged husband of the woman (complainant).

"It is necessary to ensure the court does not get swayed by astute legal drafting of the counsel and is required to get at the truth of the allegations by examining them on the touch-stone of reasonableness and probabilities. Where a complaint appears to have been filed on grounds only to humiliate the family members, the same is required to be thrown out at the earliest opportunity", the court said.

The court made these observations while setting aside an order to summon the mother, two sisters-in-law including the married one of a man on a complaint filed by his wife alleging harassment.

ASJ Lau pointed out that the complainant alleged that her in-law had forcibly taken away her salary and wages which is false and incorrect as she herself admitted that she was not working. The court also said that the allegations regarding harassment for dowry do not appear to be "credible and truthful" particularly in view of the background that the marriage between the sparring couple was a secret, runaway marriage as an outcome of a love affair between them.

The woman said that she had married the man in July, 2008 and had faced harassment and torture for dowry.

 

http://expressbuzz.com/nation/mother-sisters-protected-equal-to-mans-wife/208156.html

Forum for harassed mothers-in-law: 200 counselled in a week

Forum for harassed mothers-in-law: 200 counselled in a week

Mon Sep 13 2010

Rohit (name changed on request), a resident of Shimla, is a broken man today. The last six months have brewed so much of trouble in his married life that this 31-year-old is still trying to come to terms with the "deception" of his wife. In February this year, when he was away to Panchkula along with his family, including his wife, his house in Shimla caught fire. Police investigations revealed that Rohit's wife was the mastermind behind the inferno and she had taken help of the domestic helps to execute her plan. "Since one of the maids got burnt in the incident, she spilled the beans. My wife had paid them Rs 5,000 and also provided them with petrol to burn the house down," said the `victim' who has been married for four years. The family claims the woman also took away all the money and jewellery that was lying in the house before burning it down. While Rohit has filed a divorce petition in a local court in Shimla, the wife has also given a counter complaint of domestic violence with the police and is now "out on bail".
Rohit and his mother had come all the way from Shimla, after seeking "counselling" over the phone at the local chapter of All India Mothers-in-law Protection Forum, to attend a meeting in Sector 10 on Sunday. "We had read about it in the newspapers and called up. These eights months have been traumatic for us but we want to fight it out now as we have been wronged," said Rohit's mother.
This is not an isolated case coming to the forum. The local chapter, which is only a week old, boasts of about 60 members and also claim to have counselled over 200 harassed mothers-in-law till now. The members had gathered near Stop and Stare, Sector 10, for a weekly meeting.
"A lot of people who sought counselling on the phone came to meet us today. This will be a weekly feature. We want mothers-in-law who are viewed rather infamously as the villain of peace to come up with their tale of woes at the hands of their daughters-in-law," said Manjeet Puri, coordinator of the chapter.
Most of the people who have come to the forum lament the "misuse" of Section 498 A of the IPC, which deals with cruelty against women by husband and his family. These harassed mothers-in-law say most of the conflict pertains to division of wealth and property made by their daughters-in-law; failing to coerce to them leads to slapping of "false" cases of dowry harassment and even domestic violence. "I have a house in Gurgaon where my daughter-in-law is living with my grandson. She wanted that I should transfer the property in her name and when I refused to do so, she filed a case of dowry harassment against us. It has been almost two years that she is staying separately," said one Harminder Kaur.

http://www.indianexpress.com/news/forum-for-harassed-mothersinlaw-200-counselled-in-a-week/680901/2

पत्नी को पाने के लिए पति की ससुराल वालों से जंग

पत्नी को पाने के लिए पति की ससुराल वालों से जंग

 

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।

http://khabar.ibnlive.in.com/news/37741/3

Mom-in-law safe from Domestic Violence Act

Mom-in-law safe from Domestic Violence Act

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.

 http://timesofindia.indiatimes.com/city/bangalore/Mom-in-law-safe-from-Domestic-Violence-Act/articleshow/6526918.cms#ixzz0z7ZVcPxs

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