Showing posts with label new law drafting. Show all posts
Showing posts with label new law drafting. Show all posts

Monday, March 18, 2013

Anti-rape bill to be placed in Parliament Tuesday despite opposition by BJP SP. BSP Misuse clause a sticky issue: Dilution of Voyeurism and Stalking ; Age of consent raised back to 18


Anti-rape bill to be placed in Parliament Tuesday despite opposition by BJP SP. BSP Misuse clause a sticky issue: Dilution of Voyeurism and Stalking ; Age of consent raised back to 18


NDTV Video



CNN IBN video post

http://ibnlive.in.com/videos/379583/antirape-bill-in-lok-sabha-on-tuesday-house-to-decide-age-of-consent.html
====
New Delhi, Mar 18: The government and the opposition today arrived at a consensus at an all-party meeting, wherein the government said it would not oppose if the opposition brings amendment to raise the minimum age of consent for sex from 16 years to 18 years.
Sources said, the government also agreed to provide safeguards in the anti-rape bill to provisions relating to stalking and staring, which have been made non-bailable offences.

The all-party meeting with a resolve that the anti-rape bill will be passed in Parliament this week.

"Largely there is consensus on the intent and the content of the Bill, except that there are concerns about misuse and abuse of some of the provisions of the Bill," Parliamentary Affairs Minister Kamal Nath had told reporters here after the first round of the all-party meeting.

BJP, SP and other parties demanded that the age of consent for sex be 18 years and not 16 as envisaged in the Ordinance. They contended that since the age of marriage is 18 years, the age of consent should be the same.

Other parties, however, said pre-marital sex is a reality and the age of consent should be 16 years.

Most parties were of the view that the clauses about stalking and voyuerism be tweaked further to prevent misuse.

There should be sufficient safeguards against filing of false cases by political opponents and those wanting to settle scores, they said.

Kamal Nath said the government is ready to bring necessary official amendments in the Bill and ensure its smooth passage.

The government suggested in the meeting that the introduction, discussion and passage of the Bill be done on the same day, that is, tomorrow in Lok Sabha.

The Ordinance lapses on April 4 and the government and most parties are of the view that the Bill be passed with suitable changes before the Budget Session goes into recess on March 22.

The age of consent in Ordinance was 18 and it was brought down to 16 in the proposed Criminal Law (Amendment) Bill, 2013.

Before the ordinance was promulgated, the age of consent was 16. It has been at 16 years for the past 30 years. Before that, the age of consent for sex was considered by the age of puberty which had created confusion, forcing government to fix it at 16.

The Bill had provisions for safeguard against misuse. But the GoM to which it was referred to decided to drop it, maintaining the existing provisions in IPC have sufficient safeguards.

"Some political leaders said the law could be misused ahead of Lok Sabha elections. They wanted safeguards to be specified," a Minister, who attended the meeting, said.

The Criminal Laws Ordinance, which made anti-rape laws more stringent, was promulgated by the President on February 3 in the wake of public outrage over the December 16 Delhi gangrape.

Tuesday, March 27, 2012

Swarup Sarkar demands Irretrievable Breakdown of Marriage clause to be made Gender Neutral on CNNIBN 26Mar2012

Irretrievable Breakdown of Marriage clause to be made Gender Neutral demands Swarup Sarkar vehementally on CNNIBN's Face The Nation programme with Sagarika Ghosh on 26th March 2012. 


Panelists

Swarup Sarkar ( SIFF) 

Flavia Agnes (Feminist Lawyer)

Malvika Rajkotia (Feminist lawyer)

Poornima Advani (Former NCW chief)



 

More on 

"Irretrievable Breakdown of Marriage" ground for Divorce gets cabinet nod- Another Legal Extortion tool for Wife. Mens rights organisation Ignored again

http://newsmanthan.blogspot.in/2012/03/irretrievable-breakdown-of-marriage.html

Monday, February 21, 2011

Should property be given to wife at the time of Irretrievable Breakdown of Marriage Divorce case - THE MARRIAGE LAWS (AMENDMENT) BILL, 2010

Should property be given to wife at the time of Irretrievable Breakdown of Marriage Divorce case (THE MARRIAGE LAWS (AMENDMENT) BILL, 2010 – Panel discussions on DD News Aamne-samne-20feb11

Full Text of the Proposed Bill is at

http://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%202010.pdf

PS :- Video Quality is not upto mark due to signal disturbance

PART 1/2

 

 

 

 

 

PART 2/2

 

 

 

 

 

SINGLE LINK

 

 

Tuesday, December 21, 2010

498a.org Delhi Seminar of 11dec10 coverage-p7 news channel 20 dec 10

498a.org Delhi Seminar of 11dec10 coverage -p7 news channel 20 dec 10

Part 1/2

 

 

Part 2/2

(There is NO SOUND at 8.15min to 9.40min timeline duration in the telecasted programme )

a

Monday, December 6, 2010

New-age couples take MoU path to break free

New-age couples take MoU path to break free

HYDERABAD: In a curious trend unfolding at the city family courts, new-age couples are citing seemingly contradictory clauses in their divorce petitions to break free from their unsuccessful marriages. This, say advocates, is increasingly being based on a memorandum of understanding (MoU) signed between the estranged spouses a few days before they approach the family court seeking legal intervention to end their marriage. "The MoUs are entered into with the sole purpose to catalysing a fast divorce," said a lawyer.

Often times under the MoU, the spouse filing the divorce petition is given a free hand to take refuge under any clause which will help the court declare their marriage as null and void. At the same time, the other partner chooses to remain unavailable for court proceedings thereby ensuring that a legal end to their marriage is pronounced at the earliest.

"By failing to turn up at the court for hearings, the other party shows his or her unwillingness to mend their marriage following which the court usually grants a legal separation without much delay," says P Sundaraiah, senior advocate at Hyderabad family court. A recent petition filed at this court had cited non-consummation of marriage and impotency of the partner as the grounds to declare the marriage null and void under Section 12 of the Hindu Marriage Act.

"For a person to know the potency status of his or her partner, the marriage needs to be consummated first. But this seldom happens and the petitioners level two blatantly contradictory charges on their estranged spouse," says advocate Anita Jain of Secunderabad family court. While those filing it in agreement with their partners seldom face a problem, in many contested divorce cases, such contradictory charges have earned the petitioner a defamation suit. In one recent case, the husband of a woman seeking divorce on the ground of his impotency, filed a defamation case based on the medical report (which he came armed with to the court). Needless to say, the medical report dismissed charges of impotency levelled against him by his wife.
Reacting to such petitions, the courts often call for an independent medical test to verify the authenticity of the partner's claim. But on grounds of it being a sensitive matter, people often refuse to undergo the test, say advocates.
A section of the lawyers, however, reason in favour of pressing such charges in one petition in genuine cases. "Clubbing these two clauses together goes on to make the case stronger. Behavioural patterns are often an indication of the impotency of spouses, and claiming a marriage dissolution on grounds of non-consummation stand perfectly justified in such cases," says Nischala Siddha Reddy, advocate at Secunderabad family court.

http://timesofindia.indiatimes.com/city/hyderabad/New-age-couples-take-MoU-path-to-break-free/articleshow/7049696.cms#ixzz17KG0WX2Q

Sunday, November 14, 2010

Judicial accountability Bill, cure worse than disease and Without transparency, there could be no accountability: Justice Shah

Judicial accountability Bill, cure worse than disease: Justice Shah

November 14, 2010

Without transparency, there could be no accountability

Highlighting serious lacunae in the proposed Judicial Standards and Accountability Bill, 2010, the former Chief Justice of the Delhi and Madras High Courts Justice of Delhi and Madras High Courts Ajit Prakash Shah on Saturday cautioned that the measure was an example of cure being worse than the disease.

“There is a complete misalignment and a mismatch between the present system of judicial appointments and core values of judicial accountability.”

He was delivering the keynote address after inaugurating a two-day seminar on “Strengthening Democracy: Role of Judiciary” organised here by the International Centre Goa (ICG) in association with the Media Information and Communication Centre of India, the Friedrich Ebert foundation-India and the Goa High Court Bar Association.

Emphasising the need for accountability, Justice Shah said that without transparency, there could be no accountability; secrecy was only the preserve of a dictatorship.

Analysing judicial accountability and its nuances, Justice Shah said there must be a balance between the competing principles of judicial independence, on the one hand, and accountability and transparency, on the other.

Straightjacket definition

His primary objection is that the Bill seeks to provide a straightjacket definition of “misbehaviour” under Section 2(j), which tends to lose its elasticity and become both under-inclusive and over-inclusive. A minor, inadvertent breach of judicial standards could constitute misconduct, and in so far as the definition is exhaustive, it is incapable of catching within its fold any “misbehaviour” that might not be covered by this provision.

Secondly, he said, the Bill tended to render the Oversight Committee just a post office referring each complaint to the Scrutiny Panel. This was likely to lead to multiplicity of complaints against judges and also a colossal waste of time.

Justice Shah's major objection is to the composition of the Scrutiny Panel which consists of three members, two of whom would be judges sitting in the same court as the judge against whom a complaint has been made. It would be difficult for judges to dispassionately decide a case against one of their own colleagues and sitting with them day in, day out.

Also, the composition and tenure of the Investigation Committee was undefined. Theoretically, therefore, it was possible for a layperson without any knowledge, experience and standing to be part of an inquiry panel against a sitting judge of a superior court.

Justice Shah said the Bill would create an atmosphere of total secrecy, more regressive than the present system, and there did not appear to be any rational reason for the change.

The idea of “minor” punishment was unworkable and it had the potential to seriously undermine judicial status.

Only binary system will work

A situation where sitting judges were publicly censured but they were still sitting on the Bench and deciding cases would damage the credibility of the entire system.

“This is an area where only a binary system of punishment can work. Either the judge is guilty and must be impeached, or he is not, and no action must be taken against him,” Justice Shah said, observing that the challenge was to develop mechanisms of accountability that did not undermine judicial independence.

Later speaking on ‘Accountability vs. Independence of Judiciary', Supreme Court lawyer Prashant Bhushan described the Bill as a “cosmetic exercise designed to fool the people into believing that some kind of exercise was conducted by the government to clean up corruption in the judiciary.” The outcome of it would be absolutely “zero.”

“If the government was serious on judicial accountability, then why is it not opening out consultations with public,” asked Mr. Bhushan and dubbed any exercise of consultations with judges “bogus” because judges had a vested interest in the Bill.

Goa Speaker Pratapsingh Rane and ICG Director Nandini Sahai were present.

http://www.thehindu.com/news/national/article884475.ece

Tuesday, November 9, 2010

Thursday, October 14, 2010

KP Assembly passes resolution to ban dowry

KP Assembly passes resolution to ban dowry

The Khyber-Pakhtunkhwa Assembly on Thursday passed a unanimous resolution against ban on dowry in the province, report said. Awami National Party’s woman MPA Tabasum Shams tabled the resolution when the session began with Pakistan Peoples Party parliamentary leader Abdul Akbar Khan in chair. The resolution, which was unanimously passed by treasury benches and the opposition, stressed that exchange of dowry must be banned to save the society from discriminations.

 

http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Islamabad/14-Oct-2010/KP-Assembly-passes-resolution-to-ban-dowry

Wednesday, September 15, 2010

दिल्ली में शादी करो और एक दिन में रजिस्टर्ड हो जाओ Delhi govt relaxes marriage registration norms -To protect couples, Delhi govt will amend marriage rules -Marriage registeration in one day

दिल्ली में शादी करो और एक दिन में रजिस्टर्ड हो जाओ Delhi govt relaxes marriage registration norms -To protect couples, Delhi govt will amend marriage rules -Marriage registeration in one day

 

दिल्ली में शादी करो और एक दिन में रजिस्टर्ड हो जाओ

पहले दिल्ली में शादी करने के लिए किसी भी शख्स को कम से कम 30 दिन तक दिल्ली में रुकना जरूरी होता था लेकिन अब 30 दिन रुकने की शर्त खत्म कर दी गई है।

Related news @

http://newsmanthan.blogspot.com/2010/09/delhi-govt-relaxes-marriage.html

Tuesday, September 14, 2010

Make judicial system litigant-friendly: NLB

Make judicial system litigant-friendly: NLB

Tue, Sep 14 02:05 PM

Bangalore, Sep 14 (PTI) The National Litigation Bench, a private initiative, has asked the government to make the existing judicial process litigant-friendly by bringing reforms in it. At a recent conference held here, the Bench demanded the establishment of National Judicial Commission in line with the Election Commission for regulating the judiciary.

It also placed certain other demands before the government to make the judicial process smooth and hassle-free so as to mitigate the problems of more than five crore litigants in the country. The bench, an initiative of the youth and concerned, seeks to promote and further the cause of litigants in the country.

http://in.news.yahoo.com/20/20100914/1416/tnl-make-judicial-system-litigant-friend_1.html

http://news.in.msn.com/national/article.aspx?cp-documentid=4378837

Sunday, September 12, 2010

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

Demanding AMENDMENT of IPC 498a and DOWRY LAWS. STOP Misuse of 498a- SAVE INDIAN FAMILY FOUNDATION (SIFF) Swaroop Sarkar raise voice as Citizen journalist

Demanding AMENDMENT of IPC 498a and DOWRY LAWS. STOP Misuse of 498a- SAVE INDIAN FAMILY FOUNDATION (SIFF) Swaroop Sarkar raise voice as Citizen journalist

 

 

Full text of 13 august 2010 Supreme Court Of India order on the Misuse of IPC 498a and asking Parliament to revisit/relook dowry-related legislation is available at the link below

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/sc-quash-misuse-of-498a-ipc-govt-to.html

related media news

http://newsmanthan.blogspot.com/2010/08/supreme-court-asks-parliament-to.html

Wednesday, September 8, 2010

Breaking Myths-Men also face Sexual Harassment at Workplace - Court: No Presumption Men Welcome Sexual Advances

Breaking Myths-Men also face Sexual Harassment at Workplace - Court: No Presumption Men Welcome Sexual Advances. Demand Sexual Harassment at Workplace Bill be made GENDER NEUTRAL

Tuesday, September 7, 2010

Page 1

Court: No Presumption Men Welcome Sexual Advances

By STEVEN M. ELLIS, Staff Writer

A Nevada man’s concession that most reasonable men would have “welcomed” the sexual advances of his female coworker did not support a federal judge’s conclusion that he wasn’t sexually harassed, the Ninth U.S. Circuit Court of Appeals ruled Friday.

Reasoning that Rudolpho Lamas’ allegations of six months of unwanted advances and indifference by management raised issues of fact, a three-judge panel said Nevada U.S. District Judge Kent J. Dawson erred in dismissing on summary judgment an Equal Employment Opportunity Commission suit against Lamas’ employer.

Lamas was recently widowed and working as a passenger service assistant for Prospect Airport Services Inc. in Las Vegas’ international airport in the fall of 2002 when, he claimed, his married coworker, Sylvia Munoz, initiated a series of sexual overtures that caused him psychological distress that affected his job performance and led to his firing.

Maintaining that he never invited the advances and consistently rejected them, and that his coworker’s conduct embarrassed him as a Christian, Lamas said that Munoz repeatedly propositioned him for sex and wrote him notes indicating that she dreamed of him in a bath and gave “good bath wash and body massage” and that she wanted him “sexually.” He also alleged that Munoz performed gestures simulating oral sex, gave him a photograph emphasizing her breasts in which she was possibly nude, and recruited coworkers to pressure him who later mocked him by suggesting he was homosexual.

Lamas said he reported Munoz’s behavior to his immediate supervisor, who took no action, and then took his concerns up the chain of management. Although Prospect’s manager at the airport informally warned Munoz that action would be taken if she did not stop, Lamas alleged that Munoz’s inappropriate behavior continued and that another manager later told him he should just “walk around singing to yourself…I’m too sexy for my shirt.”

Although Lamas said his previous job performance had led to his assignment to a concourse serving Southwest Airlines in order to head off the carrier’s threatened termination of a contract with Prospect, he was eventually fired amid complaints about his job performance and “negative attitude,” which Lamas attributed to the stress he suffered from Munoz’s behavior. Munoz, in contrast, was not disciplined, even though men had been fired under Prospect’s sexual harassment policy.

Lamas filed a complaint with the EEOC, which brought under suit Title VII of the 1964 Civil Rights Act, but Dawson granted summary judgment to Prospect. He concluded that Munoz’s conduct was not severe and pervasive enough to amount to sexual harassment objectively for a reasonable man.  

Dawson also emphasized that Lamas never filed a written complaint, even though the company’s policy did not require one, and that management had advised Munoz that her behavior was inappropriate.

But Judge Andrew J. Kleinfeld wrote on appeal:

“It cannot be assumed that because a man receives sexual advances from a woman that those advances are welcome. Lamas suggested this might be true of other men….But that is a stereotype and welcomeness is inherently subjective.”

Noting that Lamas had sought medical help while working for Prospect to deal with the anxiety he suffered, and that Lamas repeatedly broke down crying in a deposition while recounting his experience, the judge said the evidence in the record created a genuine issue of material fact as to whether Munoz’s advances were welcome, and whether they impaired Lamas’ work.

Kleinfeld further concluded that a jury could reasonably find that Prospect knew about the harassment, and that the company’s response was inadequate.

Judges Milan D. Smith Jr. and Sandra S. Ikuta joined Kleinfeld in his opinion.

The case is Equal Employment Opportunity Commission v. Prospect Airport Services, Inc., 07-17221.

Copyright 2010, Metropolitan News Company

http://www.metnews.com/articles/2010/eeoc090710.htm

Tuesday, September 7, 2010

''Cultural sensitivity must to prevent women''s sexual abuse''

''Cultural sensitivity must to prevent women''s sexual abuse''

New Delhi, Sep 7 (PTI) A massive cultural sensitivity programme aimed at changing heart and psyche of people is needed to bring down the increasing number of sexual harassment cases against women, according to experts.


It''s difficult to define sexual harassment but a woman always knows when she is being subjected to it, they say.
"We need social awareness and activity to ensure men and women are treated equal and women are not seen as filth of the business by men," says former minister of Women and Child Development, Renuka Chaudhary.

Chaudury was participating in a panel discussion on sexual offences against women here recently organised by a TV channel.
"We have a lot of laws but they do not address the root cause of the problem. What is needed is pro-active work and education for young men to teach them to respect women," says veteran journalist and author Madhu Trehan.

"It''s unfortunate that we educate people not to murder but do not teach them to respect women. The advertisements promote inferior status of women compared to men," she adds.

Research released recently shows that every fifth woman worker is sexually harassed in India. Also drafted in the year 2007 by the National Commission for Women (NCW), the path-breaking "Protection of Women Against Sexual Harassment at Workplace Bill," still remains in consultation stages.

Joint Secretary of NCW, Sundari Subrimaniam Pujari opines that laws change as per the dynamism of the society.
"We need more sensitisation and good execution of laws and we need to make our children aware and give them good teachings," she points out.

Ranjana Kumari, Director, Centre for Social Research observes that sexual harassment is not only prevalent in educated circles but a poor woman working at a construction site is also subjected to it by the contractor.

"She has no knowledge whom to complain to. We need awareness for that. Parents should give voice and confidence to their daughters while bringing them up, so that a girl has guts to come out against sexual offenders," she says.

Senior advocate Aryama Sundaram favoured presence of tough laws along with education to deter criminals.
"Education is more today than it was 40 years ago, but, harassment is also more than it was 40 years ago in the society. We need teeth in form of laws so that there is a deterrent," he said.

http://news.in.msn.com/national/article.aspx?cp-documentid=4352141

Monday, September 6, 2010

Sexual harassment covers all unwanted gestures, needs new definition

Sexual harassment covers all unwanted gestures, needs new definition

Monday, September 06, 2010

United News of India
New Delhi, Sept 6:


Making an effort to refresh the definition of sexual harassment, a panel discussion on the issue today focused on how the term 'harassment' covered a wide range of unwanted gestures.


Additional Solicitor General Indira Jaisingh noted, ''The fear of harassment is a major deterrent for women desirous of entering the workforce.'' She added that a casual gesture by a male colleague at work might become a source of fear for a woman.


The discussion was organised by entertainment channel Star Plus on the launch of their new venture 'Kaali' which deals with the fight of a middle-class girl against sexual harassment.


Besides, journalist and author Madhu Trehan opined that mere formulation of laws was not enough.


''We need to teach children from a very young age, the time when they are in school, that behaving properly with a woman is a part of being civilised,'' she said.


She emphasized that upbringing had a major role to play and preference for a son over the girl child in the country was only fuelling this attitude and commodifying women.


However, former union minister for women and child development Renuka Chowdhury said sexual harassment was everywhere and it was not only the fairer sex which was the victim.''Even young boys can be subjected to it these days,'' she said.


Also, National Commission for Women (NCW) joint secretary Sundari Subramaniam Pujari stressed that harassment cases taken up by agencies like the NCW and National Human Rights Commission were making a difference in the attitude of the district administrations and argued that awareness campaigns through schools and the mass media were key.


Centre for Social Research's Ranjana Kumari said, ''There is a sexual boundary drawn by a woman. It is the moment you cross that line that harassment happens.'' 

 

http://www.centralchronicle.com/viewnews.asp?articleID=46660

Sunday, September 5, 2010

Domestic violence- More than 40% of domestic violence victims are male, report reveals

More than 40% of domestic violence victims are male, report reveals

Campaign group Parity claims assaults by wives and girlfriends are often ignored by police and media

About two in five of all victims of domestic violence are men, contradicting the widespread impression that it is almost always women who are left battered and bruised, a new report claims.

Men assaulted by their partners are often ignored by police, see their attacker go free and have far fewer refuges to flee to than women, says a study by the men's rights campaign group Parity.

The charity's analysis of statistics on domestic violence shows the number of men attacked by wives or girlfriends is much higher than thought. Its report, Domestic Violence: The Male Perspective, states: "Domestic violence is often seen as a female victim/male perpetrator problem, but the evidence demonstrates that this is a false picture."

Data from Home Office statistical bulletins and the British Crime Survey show that men made up about 40% of domestic violence victims each year between 2004-05 and 2008-09, the last year for which figures are available. In 2006-07 men made up 43.4% of all those who had suffered partner abuse in the previous year, which rose to 45.5% in 2007-08 but fell to 37.7% in 2008-09.

Similar or slightly larger numbers of men were subjected to severe force in an incident with their partner, according to the same documents. The figure stood at 48.6% in 2006-07, 48.3% the next year and 37.5% in 2008-09, Home Office statistics show.

The 2008-09 bulletin states: "More than one in four women (28%) and around one in six men (16%) had experienced domestic abuse since the age of 16. These figures are equivalent to an estimated 4.5 million female victims of domestic abuse and 2.6 million male victims."

In addition, "6% of women and 4% of men reported having experienced domestic abuse in the past year, equivalent to an estimated one million female victims of domestic abuse and 600,000 male victims".

Campaigners claim that men are often treated as "second-class victims" and that many police forces and councils do not take them seriously. "Male victims are almost invisible to the authorities such as the police, who rarely can be prevailed upon to take the man's side," said John Mays of Parity. "Their plight is largely overlooked by the media, in official reports and in government policy, for example in the provision of refuge places – 7,500 for females in England and Wales but only 60 for men."

The official figures underestimate the true number of male victims, Mays said. "Culturally it's difficult for men to bring these incidents to the attention of the authorities. Men are reluctant to say that they've been abused by women, because it's seen as unmanly and weak."

The number of women prosecuted for domestic violence rose from 1,575 in 2004-05 to 4,266 in 2008-09. "Both men and women can be victims and we know that men feel under immense pressure to keep up the pretence that everything is OK," said Alex Neil, the housing and communities minister in the Scottish parliament. "Domestic abuse against a man is just as abhorrent as when a woman is the victim."

provisions of refuge

'Male victims are almost invisible to the authorities,' says John Mays of Parity. Photograph: Guardian

Mark Brooks of the Mankind Initiative, a helpline for victims, said: "It's a scandal that in 2010 all domestic violence victims are still not being treated equally. We reject the gendered analysis that so many in the domestic violence establishment still pursue, that the primary focus should be female victims. Each victim should be seen as an individual and helped accordingly."

CASE STUDY

Ian McNicholl, 47, has painful memories to remind him of the terror he endured when he found himself a male victim of domestic violence.

His then fiancee, Michelle Williamson, punched him in the face several times, stubbed out cigarettes on his body, lashed him with a vacuum cleaner tube, hit him with a metal bar and a hammer and even poured boiling water on to his lap. That at 6ft he was almost a foot taller than her made no difference. He still has burn marks on his left shoulder from when she used steam from an iron on him. Williamson, 35, is now serving a seven-year jail sentence for causing both actual and grievous bodily harm.

During the trial last year McNicholl told the court that, during more than a year of attacks and intimidation, he had lost his job, home and self-respect. He had been too scared to go to the police and had considered suicide. She was only arrested after two neighbours saw her punch him.

Sentencing her at Grimsby crown court last year, judge John Reddihough told Williamson: "Over the period of time you were with him you destroyed him mentally and seriously harmed him physically, leaving him with both physical and mental scars."

 

 

 

 

http://www.guardian.co.uk/society/2010/sep/05/men-victims-domestic-violence

Saturday, September 4, 2010

Delhi govt relaxes marriage registration norms -To protect couples, Delhi govt will amend marriage rules

Delhi govt relaxes marriage registration norms

The love birds have reason to cheer as the Delhi government has relaxed the

Marriage Registration norms in the capital.

In the wake of rising numbers of honour killings in the NCR, the Delhi government has decided to amend the Hindu Marriage Registration rules.

As per the new norms, the Delhi government has decided to abolish the mandatory clause of 1956 Hindu Marriage act, in which it was mandatory for a couple to prove that either of them, or any of their in-laws, had lived in Delhi for at least 30 days for the marriage to be registered in the Capital.

In the new norms, a couple who is planning to marriage are already married can register it within minutes without any residence proof.

The new proposal was moved by Principal Secretary (Revenue) DM Sapolia on Monday.

The move was taken after alarming number of honour killing cases and Khap Panchayat’s dictate came to light.

The new clause also offers police protection to the young couple in case of any threat perception either from family members or any other religious diktat.

The new Marriage registration rules will help couple facing Khap Panchayat threat can get register in Delhi.

 http://english.samaylive.com/nation/676472793.html

……….

NEW DELHI: In the backdrop of reports of honour killings and khap panchayats taking on couples who marry within the same gotra, the Delhi government is gearing up to amend the marriage registration rules in the capital. It seeks to abolish a rule under which marriage registration can be done in Delhi only if the couple can produce proof that either one of them or parents of at least one of them have been residents of area falling under the jurisdiction of the registrar for more than 30 days.
The proposal seeking an amendment in the Delhi Hindu Marriage Registration Rules 1956 is likely to be tabled before the cabinet on Monday. If the amendment comes through, couples from other states who tie the knot in the capital will be able to get their marriage registered here itself.
There has been a rise in the number of cases in which families turn hostile to such newlyweds and several incidents of honour killings have also come to light in the recent past. Haryana's khap panchayats have been in news for the alleged atrocities inflicted on couples who dared to marry within their gotra or outside their caste against their families' wishes.
In its present form, Delhi Hindu Marriage Registration Rules makes it mandatory to have a residence proof of Delhi to register a marriage. It states that one of the parties or his/her parents should have been residing within the jurisdiction of the registrar for more than 30 days for the marriage to be registered in the city.
The revenue department of the state government has sought these conditions to be abolished so that couples who marry in the capital are able to register their marriage here even if they or their parents are not Delhi residents. The only precondition being that the marriage should have taken place in the city.
Delhi high court had earlier reportedly struck down as "unconstitutional'' the rule that registration of marriages could be effected in Delhi only if at least one of the parties or parents of either of them has been a resident of the capital. The court order came in a case where a couple was denied registration due to this clause.
Meanwhile, activists from NGOs such as Shakti Vahini, who have been studying the role of khap panchayats and the reasons behind honour killings, agree that the amendment will make it easier for couples facing resistance from families to register their marriages in the city. However, they are quick to point that this would be a small step and it alone cannot deal with the complexities that are leading to honour killings or atrocities by khaps.
Similarly, Anju Dubey Pandey from Centre for Social Research said such an amendment would certainly make life easier for couples seeking registration in the city. "But since matrimonial issues are complex, those concerned should carefully study the clauses and other issues involved before taking a decision,'' Pandey added.

http://timesofindia.indiatimes.com/city/delhi/To-protect-couples-Delhi-govt-will-amend-marriage-rules/articleshow/6493705.cms#ixzz0yfAyryA0

Monday, August 30, 2010

One Dish, One Rule for Everyone!

One Dish, One Rule for Everyone!

On-Air: Thursday, January 29, 2009 {7PM, 3AM, 12PM (PST)}

What to make of a law that aspires to break free from senseless spending and pretentious extravagances under societal pressures? One would think it would be extremely popular with the masses. Why then is the law of one-dish at weddings met with so many petitions filed in high courts and supreme courts against it? Agreed the “Marriage Functions (prohibition of Ostentatious and Wasteful Expenses) Ordinance implemented in 1997 was slightly rigid in restricting wedding functions to only hot/cold drinks and insensible in dictating the number of guests allowed at weddings (not to exceed 300). However, the law, re-implemented in 2008 in Punjab (with the return of the Sharif brothers) and still unobserved in other provinces, has become much more flexible. {The Marriage Functions (Prohibition of Ostentatious and Wasteful Expenses) Ordinance 2000 under which the Punjab government is allowing only one-dish at wedding parties (one dish includes “one curry/salan, with rice and bread/roti and one sweet dish”)}. Today when Pakistan is experiencing an economic meltdown coupled with increasing global food costs (150% price hike of rice in the past year, shortage of flour etc.) this law has come as a blessing in disguise for middle and lower class Pakistanis. One might argue why the need of such desperate measures in a country where Eid and weddings are the only two times of rejoicing, the latter being grand, ostentatious, and lavish cultural events. However, one must understand the societal pressures and expectations which drive the poor to bury themselves under debt just to please and appease relatives and in laws. Weddings are a matter of prestige in our part of the world, cutting across class spectrum in this largely impoverished country of 160 million people, where the World Bank estimates per capita income is $800 a year. In the wake of this law how are caterers, poultry farm owners and marriage hall owners faring? People come up with newer ways everyday to serve lavish wedding dinners, whether by calling guests at home after the functions, having friends ‘host’ dinners, labeling it ‘aqeeqa’ or ‘birthdays’ etc. Information Secretary Nayyar Mahmood said the government will rely on anyone from police to snoopy neighbors to report violators, who risk fines of 100,000 to 300,000 rupees ($1,430 to $4,285) and confiscation of the food. The implementation of this law is questionable to date, including the actions and scope of the police - whereas the police are not allowed to raid private properties they are nonetheless suspended if authorities find out the law was breached (two SHOs were suspended on 23rd of December 2008 from service for not enforcing the ban on lavish wedding parties in Lahore).

I spoke to a representative of PML (N) - the party which introduced and re-implemented this law, a caterer, a marriage hall owner, DCO Lahore, and a religious scholar. The Islamic scholar put it beautifully, in that Islam preaches never going to the extent where one feels weighed down or compromised.  

 

part 1/4

 

part 2/4

 

 

part 3/4

 

 

 

part 4/4

 

http://meher.tv/2009/01/29/one-dish-one-rule-for-everyone-punjab-weddings-pakistan/

http://www.dailytimes.com.pk/default.asp?page=2010\01\17\story_17-1-2010_pg7_14

Saturday, August 28, 2010

NCW to ask Home Ministry to frame guidelines on dowry cases

NCW to ask Home Ministry to frame guidelines on dowry cases

New Delhi, Aug 27 (PTI) National Commission for Women (NCW) today said it will ask the Union Home Ministry to frame guidelines for dealing with cases of dowry harassment.

Though the Commission did not favour tinkering with IPC Section 498-A which acts as a protection for women from dowry harassment, officials said, the NCW was of the view that some guidelines should be formulated by the Home Ministry in this regard."There is no need for an amendment. There is no need for dilution. What is required is a better sensitisation of police officials while dealing with such cases,"an official said. The remarks come against the backdrop of a recent Supreme Court observation asking the government to take a relook at the anti-dowry law to curb its misuse. The comments on dowry law were made during an NCW workshop on suitable marriage age for girls."Distinction needs to be made between child marriage which is forced by parents and others types which is on own volition of young adults, but parents oppose it on various grounds like family honour."Therefore, we could examine the issue of having a cutoff age which can to a limited extent give relief to those couples who are booked under various legal provisions and forced to live in nari niketan etc,"noted a release issued by NCW spokesperson on the views expressed in the workshop."Boys and girls should have the same age of marriage -- 18 years -- rather than having disparity of age because there is no scientific or biological reasons to keep the distinction of 18 and 21,"the release said. The workshop felt that what was required was the immediate and effective implementation of the compulsory registration of marriages.

http://www.indiareport.com/India-usa-uk-news/latest-news/887878/National/1/20/1