Monday, July 7, 2014
The Truth and Reality of Husband-Male Suicide in INDIA - Misuse and abuse of IPC 498A and Dowry Laws, Destroying the Feminist Lies
Thursday, May 2, 2013
The other side of dowry disputes - MASHAAL
The other side of dowry disputes
Every Sunday, a group of women in situations similar to Damyanti's gather at Borivli and Mulund to discuss the atrocities committed on them under women-centric laws such as the Dowry Act (498-A) and the Domestic Violence Act. These women are not "victims" under the law but like Damyanti are those who face prosecution, after their daughters-in-law and sisters-in-law file complaints against them. This situation has led to the birth of a group called Mothers and Sisters of Husband Against Abuse of Law (MASHAAL), a part of a nationwide forum called the Indian Family Foundation (IFF).
The forum is fighting against what it calls "criminalization of marital disputes". The forum alleges that of late, it has become a fashion for a wife's family to threaten the husband's family with false dowry and maintenance cases if their demands are not met.
"The disambiguation lies in the word 'women' in such laws, which actually implies just wife. The laws seem to be immune to mothers and sisters of the husband. Their problems in such situations also need amplification," says Jinesh Zaveri, an activist and a co-founder of MASHAAL.
For a 61-year-old Dahisar-based architect, the act of helping such distressed families has helped him and his 31-year-old son deal with their own legal battle. "While helping these people, I never ever thought that we would end up in such a situation," he says. His son, who was a computer engineer in the Middle East, lost his job as a consequence of the false complaint filed by his daughter-in-law's family, he alleged. "Her family was against the idea of her marrying outside the community and hence they took her back and filed the complaint to harass us and extort money," he says.
Both father and son were granted bail soon after being detained.
A reason for the misuse of such laws, say legal experts, is the manner in which such laws are framed and the state machinery involved in executing them.
"Though women-centric laws are welcome and the need of the hour, one must bear in mind that they cannot be framed under pressure and in the absence of a rationale. The laws must be such that while women can get the maximum benefit, there is very little room for ambiguity and misuse," a lawyer said.
He adds that the police also needs to be sensitized on how to handle such cases and that these cases must be registered and arrests made only after conducting investigations.
Wednesday, May 1, 2013
Save Indian Family protests at PM house against proposed Hindu Marriage Act Amendment on wife's rights on Husband's inherited property
Save Indian Family protests at PM house against proposed Hindu Marriage Act Amendment on wife's rights on Husband's inherited property. The protesting activists at 7 RCR, PM house, where the meeting was being held were arrested by Delhi Police and taken to chankyapuri police station where they were later released after about one and half of detension
Brave MEN/HUSBANDS do not tolerate injustice
Marriage Laws (Amendment) Bill referred to GoM
The controversial Marriage Laws (Amendment) Bill was on Wednesday referred to a Group of Ministers after differences cropped up over clauses dealing with a woman’s right to marital property in case of divorce.
The Union Cabinet, at a meeting chaired by Prime Minister Manmohan Singh, deliberated at length on the proposed legislation but failed to arrive at a consensus and the matter was then referred to a GoM.
The Law Ministry had suggested that a woman be given a share in residential property of the husband, including inherited and inheritable premises, in case of divorce.
The Ministry of Women and Child Development has suggested that a woman’s right to inheritable property and property acquired by the husband before marriage be kept out of the purview of the law.
The ministers discussed the amendments for over two hours during the meeting of the Cabinet.
“When thinking men and women present different opinions, different opinions do not mean difference of opinion,” Finance Minister P. Chidambaram said when asked whether the Cabinet was split on the matter.
“Views are expressed in a Cabinet and after expressing views, the Prime Minister takes the final decision. In this case the matter has been referred to a Group of Ministers to look at one or two clauses of the Bill,” he said.
The GoM would examine the clauses over the next few days and the Bill will come back before the Cabinet, he said.
Even as the Cabinet was discussing the matter, a small group of protestors shouted slogans against the Bill outside the Prime Minister’s official residence.
They were rounded up by the police and taken away from the high security zone.
Ministries differ over divorcee’s right to inherited property
01 May 2013
NEW DELHI: Sharp differences have emerged within the government on a woman's right to marital property after a divorce. The law ministry has mooted amendments suggesting that a woman should have a share in a residential property acquired by the husband bought not only during or before marriage, but also inherited and inheritable property. In contrast, the ministry of women and child development (WCD) had recommended that property acquired before marriage or that is expected to be inherited should be excluded from the purview of this law.
The Marriage Laws (amendment) Bill is likely to be taken up for the Union Cabinet's approval on Wednesday. This is the second time that there has been a difference in opinion between the two arms of government. The two ministries had also clashed on the issue of lowering the age of consent in the anti-rape legislation. While the law ministry sought lowering the age of consent to 16 years, the WCD ministry was opposed to the move mooting 18 years as the age of consent.
According to sources, the WCD ministry had argued that there would be practical difficulties in implementing the law that could work against the woman's claim to marital property. The ministry had, therefore, suggested that a woman seeking divorce should not have claim to property that has been acquired before marriage or that which is "inheritable" (expected to be inherited.)
The government also proposes to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband. In case, others, besides the husband, also have rights in the inherited property and it is impractical to divide it, the wife would have the right to receive an equivalent amount of money in place of her share.
The wife would have an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Bill have been brought after considerable pressure from civil society as well as members of Parliament.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, providing the option of divorce on grounds of 'irretrievable breakdown of marriage' as a ground for divorce.
The government also for the first time introduced a legislated right for the wife to a share in the movable and immovable residential properties.
Conflicting views
Law ministry: woman should get share in marital residential property acquired by husband, partly or jointly owned, before, during marriage. She also has a right to property inherited or inheritable.
WCD ministry: woman's claim to property bought before marriage or inheritable should be excluded.
Union Cabinet likely to take up the issue on Wednesday
http://timesofindia.indiatimes.com/india/Ministries-differ-over-divorcees-right-to-inherited-property/articleshow/19812456.cms
Thursday, May 19, 2011
HUNGER STRIKE BY DASHRATH TO PREVENT MISUSE OF IPC498A AND ANIT-MEN LAW LIKE CRPC125,HMA24, DV ACT IN JANTAR MANTAR DELHI FROM 15TH MAY 2011.
India :
HUNGER STRIKE BY DASHRATH TO PREVENT MISUSE OF IPC498A AND ANIT-MEN LAW LIKE CRPC125,HMA24, DV ACT IN JANTAR MANTAR DELHI FROM 15TH MAY 2011.
ALL ARE REQUESTED TO BE PRESENT ON SATURDAY 4.00 PM ONWARDS AT JANTAR MANTAR TO RAISE YOUR VOICE ALONG WITH YOUR AGE OLD PARENTS AND SISTERS WHO ARE VICTIM OF SUCH MISUSE OF LAW AND LEGAL TERRORISM AS DESCRIBED BY SUPREME COURT OF INDIA.
Inspite of SC direction to review the same law LAW Ministry not taken any effective time bound action. This time they have to give us the time bound confirmation of action.
We wonder Whose life is in More Danger in India : Men or Women?
Crime Bure data 2005 : Married Men Sucide : 52k vs Married Women Sucide 28K.Still there is no LAW to Protect Men why?
2006 Crime Bure Data : Married Men Sucide:55452 vs. Married Women Sucide:29869.
2007 Crime Bure Data : Married Men Sucide:57593 vs. Married Women Sucide:30064
Will Our LAW Maker change the LAW 304B( dowry death) to 304C( Sowry Death) and 498A ( harrasement to wife) to 498B ( Sowry harrasement by wife)
Urgently Review the Present IPC 498A and Make Same Gender Natural.
The Government needs to act NOW Save Family Foundation urges the Government of India to make the following amendments to the law and ensure that ordinary citizens of India are spared from needless harassment:
1.Section 498A of IPC should be made bailable.
Section 498A, being non-bailable, allows punishing the accused by imprisonment even before guilt is established. This goes against the Universal Declaration of Human Rights which states that everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law. Abused women need protection, but placing unconditional faith in the statements of a woman and confining the accused husband and his family in police or judicial custody, until bail is granted by a court, is not the way to accord protection to women.
2.Section 498A of IPC should be made non-cognizable.
Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC 498A, being a cognizable offence, violates a citizen’s right to due process.
3.IPC 498A and Domestic Violence Law should be made gender neutral.
Domestic abuse is not gender specific. The assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Hence, men should also be accorded protection from physical, verbal, emotional, sexual, and financial abuse by women.
4. Persons who misuse IPC 498A and Domestic Violence Law should be penalized.
Misuse of the process of law not only costs the public exchequer dearly, but also destroys the personal lives of many innocent citizens. Misuse of law should be treated as a serious crime, and persons who use women-protection laws as weapons for settling personal scores in marital disputes should be severely punished.
Gender Biased LAW should immediately be made crime based instead of any assumption that all women never lie and all the men are born as Criminals. “MEN/WOMEN” word to be replaced by word “PERSON” and word wife/husband to be replaced with the word “SPOUSE”
Further it is totally wrong to assume and biased view that each and every suicide of a women due to men and all the suicide of men the same to be termed as social service by women , even when it is clear evidence that the women is responsible for the suicide of the men , still such women get Scot free . Our Study reports “Domestic Violence against Men” confirm the same beyond the reasonable dought (Enclosed for your reference). If we consider the definition of the Present DV act, like Verbal abuse, mental abuse, economical abuse, Physical abuse and sexual abuse, more than 98% Men also face the same at their Home.
The current domestic violence act was drafted by lawyers whose expertise on 1st principle of law making and justice can be shown to be questionable. Some of their key members are unable to understand that words police, bail, jail, bonds have no place in a civil law. A law to jail, “tadipar” and fine can be provided only in accordance with a criminal matter that is in criminal laws.The similar set of lawyers fail to provide IPC or the civil law where in the men have any rights though they make a claim that problems faced by men can be taken care of . The current Domestic violence laws need to scrap to be replaced by more reasonable laws a domestic harmony laws in consultation with a panel consisting of Retired judges. Such can be done in 6 months. Let us remove the lawyers from the equation and their self interest. Let the Husband/wife say the truth in Family courts, instead of making twisted allegation against each other by the twisted advice of lawyers. This law is cynically ignorant of the first principle of human rights, dignity, law and justice.
The Protection of Women from Domestic Violence Act (DV Law), which evens the Hon’ble Supreme Court of India, has termed as clumsily drafted, has several provisions that are wrong and goes against the common sense and tramples the fundamental rights, such as equal protection under the law and the right to own property. This is to bring to your notice these wrongs and request a review for changes, or scraping of this Law to help the society. Under section 17 of the DV Law, women can seek entry into any house, she ever lived in the past 10 years, whether she has any claim or right to it or not.
Under section 19 she can throw any man, who was in a domestic relationship with her, out of his own house. This law is worded in a fashion that the house could be of senior citizens or retirees, a man’s friends or relatives, etc. Senior citizens work all their lives to save and live in a house of their own to live their golden years with dignity. This is an outright injustice to force to them to abandon their own homes. This law offers unscrupulous women and their greedy relatives, the incentive to legally grab property and hold the owners to ransom or subject them to extortion.
While Judiciary seems to have a taken a much more proactive stance in containing misuse of DV laws compared to 498a and dowry law where in almost a free for all free reign has been given to misuser . The obvious misuse and abuse of families cases in DV are too numerous. All the cases filed with only one intention to extort the money form the husband’s family, nothing else.
We, on behalf of Save Family Foundation, Delhi, write to you to expeditiously amend the lopsided PWDVA which was passed on the basis of assumption and biased view along with under tremendous pressure from a small minority of vocal and radical Groups elements of our country, who want that each and every home a litigation should start ( Promotion of Legal Terrorism) and a Huge money had been invested for that purpose, which is evident from their huge cry that why only approx.10000 Domestic Violence case filed in one year, it evident that those groups work like a Business Group who had invested huge money with the expectation the expected Profit and Business Turnover and for that they are desperate to ensure that there should not be any single home to be spared where Litigation not started.
Hence our sincere request to you to take immediate action, if we really want a Happy Family life in India and our Future Child will not spend their Child hood under Father Less Society:
Replace the word “Husband and Wife” with “Spouse”.
Replace the word “Men and Women” with “Person”.
Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
Establish the Family Court without Lawyers and the Domestic Disputes to be resolved in Family Court only.
In case found the complainant had not come to file the case in Clean Hand and misused the LAW along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
Duplication/ multiple maintenance case to be stopped. This is total abuse of not only the natural Justice Systems and Duplication of LAW, this is the main motivation for filling false and fabricated case to extort the money from Husbands family.
There should not be any direct Compensation to the Complainant, if the offence proved beyond reasonable dought the offender should be Punished or fined and in such fine amount should go to the Government Revenue only. The same should be used for the well fare of real victim of Domestic Violence as a collectively. There should not be any difference or discrimination of Rich or poor people and different facility. All should be treated as same standard.
Those cases already 498A/Divorce/CRPC125 or any other cases had been filed and couple are not staying together and their case already pending in court , should not be allowed to file another DV case ( This is total Violation of Indian Constitution of article 20 , where a accused can’t be punished twice for the same offence)
· WCD (Ministry of Women and Child Development) review committees consist of all women committees with radical and extreme views. We seek that representatives of NGO’s like Save Family Foundation and their associates should be included in this committee. This is to ensure that there is balance and sanity in the review of the law.
· Service providers in DV (Domestic Violence) LAW should be neutral persons and made accountable for their actions to ensure justice for the greater good of society. Restricting service providers to women’s group’s activists and organizations is like asking the wolf to guard the sheep. These groups are not above temptation to extortion, blackmail and corruption. Besides, who will monitor their actions and penalize them for abuses? Judges and officials should be neutral. They should be insulated from pressure and intimidation under the garb of gender sensitization.
The other problem is that a specious argument by similar set of lawyers is made that residence right previously not available is being made available. Nothing can be farther from the truth. Women and men both have same residence rights in fact women have better rights then men. Both can rent or buy houses. (Women actually pay less property tax in some states so it becomes clear that women had marginally superior rights). What has happened in the new laws that husbands and their families have been denied their residential rights.
It should be important that even a convicted murderer or terrorists are not denied their residence in his owned or rented residence. Further they failed to understand the Indian society that it is the Husbands family providing the residence to women in more than 99% cases. Such type of law, where your own right to stay in your own residence refused, in long run will make the poor girls family life more miserable as very few people will be really interested to marry girl who does not have a own residence.
The right of retired persons to live peacefully in houses purchased out of their retirement funds is being sought to be made unavailable to it as per present Domestic Violence LAW.
The other curious problem which has started that even violent women are getting their way in the domestic violence cases as there have been disturbing judgments to that affect . In addition to that as the law failed to describe what is “live-in-relationship” with a strict time frame to claim the legal rights form each other like all other developed countries, creating a situation where a job and right of a prostitutes and normal women made equal and there is no difference at all.
Another disturbing element is regards custody of children. It has upheld the traditional notion of women as children making machines. A husband or mother-in-law who has raised his children could go to Jail merely on account of taking care of children. That there are reports of such happening raises further cause for complaint.
Other disturbing elements have been arrests happening in DV law for non presence. Civil and marital law does not envision arrests or arrest warrants. (The only arrest warrants should be for non compliance of orders not for non presence where in ex prate order may be granted).
View Point: Domestic Violence Act lacks perspective By Zamir Uddin , Central Chronicle News. “In short, the DVA-2005 in its enthusiastic thoughtlessness has throttled all avenues of reconciliation, has weakened the foundations of the institution of marriage, and vitiated conjugal life by developing a false sense of ego and a fictional helplessness among women. When it comes to man-woman relationship let us listen to the traditional but sane voice of John Milton, the English poet and moralist. Milton says that man represents reason and woman passion. As long as reason dominates passion, there is cosmos, but the moment passion dominates reason, chaos ensues. Let us view marital life from this viewpoint for marriage is not a bed of roses but a domestic battlefield. Unless husband and wife bring immense goodwill and sacrifice to bear upon their marital fortunes, their situation is desperate. The DVA need to be replaced by some more benign, sensible, gender-neutral legislation that may ensure women their rightful, honorable place at home and abroad, at the same time not forgetting the rights of men.”
We want a better Society for our Future Generation and Stop a Father less Child Society, which in turn not only will increase the crime in the society , it is evident from the various study that a father less child had been victim of child abuse at least 10 times more than a normal child.Gender Biased LAW should immediately to be made crime based instead of any assumption that all women never lie and all the men born as Criminal. “MEN/WOMEN” word to be replaced by word “PERSON” and word wife/husband to be replaced with the word “SPOUSE”With High Regards (Save Family Foundation)Encl: Study Report of “Domestic Violence against Men”
Further Reference: Read latest News at www.savefamily.org
Friday, March 11, 2011
Blatant and flagrant Misuse of 498a dowry harassment laws a stark reality- Anatomical busting of false feminists tactics ! Drilled wide open
Blatant and flagrant Misuse of 498a dowry harassment laws a stark reality- Anatomical busting of false feminists tactics ! Drilled wide open
Shonee kapoor drills into feminists tactics and lies - LokSabha TV 10 March 2011
Friday, March 4, 2011
दहेज प्रताड़ना के झूठे मामले दर्ज कराने वाले अब सावधान! IT department send notice to Out-laws to deposit over 2 lac fine- DOWRY harassment ipc498a abusers and misusers- ibn7
दहेज प्रताड़ना के झूठे मामले दर्ज कराने वाले अब सावधान!
IT department send notice to Out-laws to deposit over 2 lac fine- DOWRY harassment ipc498a abusers and misusers- ibn7 on 03 march 2011
नई दिल्ली। दहेज प्रताड़ना के झूठे मामले दर्ज कराने वाले हो अब सावधान हो जाएं, अगर अब आपने झूठे दावे किए तो आयकर विभाग आपके खिलाफ कार्रवाई कर सकता है। जी हां, ऐसे ही एक मामले में आयकर विभाग ने वसूली के लिए एक ऐसे आदमी को नोटिस जारी किया है। इस आदमी ने अपने दामाद के खिलाफ दहेज प्रताड़ना का मामला दर्ज कराया था। जांच में आयकर विभाग ने पाया कि उसने जितना खर्च करने का दावा किया है, वो उसकी घोषित आय से काफी ज्यादा है।
दरअसल शादी के तीन साल बाद ही शोनी कपूर के खिलाफ उनकी पत्नी ने दहेज प्रताड़ना का केस दर्ज करा दिया। उनकी पत्नी के पिता ने आरोप लगाया कि उन्होंने अपनी बेटी की शादी में 13 लाख रुपए खर्च किए थे, जो उन्हें वापस दिलाए जाएं। शोनी कपूर ने साल 2008 में आयकर विभाग के पास शिकायत की कि उनके ससुर की आय इतनी थी ही नहीं कि वो शादी में 13 लाख रुपए खर्च कर सकें। करीब तीन साल के लंबे इंतजार के बाद अब जाकर आयकर विभाग ने उनके ससुर को नोटिस जारी कर दो लाख 21 हजार रुपये जमा कराने को कहा है। साथ ही निर्देश जारी किया है कि क्यों ना उनसे जुर्माना वसूलने के लिए कार्रवाई शुरू की जाए।
दरअसल शोनी कपूर को दहेज प्रताड़ना के आरोप में जेल और पुलिस हिरासत जाना पड़ा। नौकरी छूट गई। परिवार शहर छोड़कर दिल्ली आ गया। इतनी परेशानी भुगतने के बाद उन्होंने इस लड़ाई को सही अंजाम तक पहुंचाने की ठान ली। अभी उनके खिलाफ दहेज प्रताड़ना का केस लंबित है। लेकिन उनकी माने तो पहली जीत उन्हें मिल गई है।
साल 2009 में देश भर में दहेज प्रताड़ना के करीब 90 हजार मुकदमे दर्ज हुए। पिछले कुछ सालों पर नजर डालें तो हर साल दहेज प्रताड़ना के मामलों में करीब 11 फीसदी की बढ़ोतरी हो जाती है। दर्ज हुए मुकदमों में से महज दो फीसदी में ही सजा होती है। यानी 98 फीसदी मामलों में या तो समझौता हो जाता है या फिर वो फर्जी पाए जाते हैं। साफ है कि समय आ चुका है कि इस कानून में बदलाव कर समाज में बदलाव लाया जाए।
Wednesday, December 1, 2010
SIFF,GHRS voice on Sexual Harassment at Workplace Bill - P7 news channel kayda kanoon 28 nov 2010
SIFF,GHRS voice on Sexual Harassment at Workplace Bill - P7 news channel kayda kanoon 28 nov 2010
PART 1/2
PART - 2/2
Thursday, October 14, 2010
Is the judiciary going soft on murderers and rapists
Is the judiciary going soft on murderers and rapists
Judges are actually given too much discretion
The judgment given in any case depends on the proceedings of the court and the judge's discretion. The standards adopted in a particular case may differ in the high court and Supreme Court. There are certain guidelines for a death sentence and it must be a 'rarest of the rare' case. Thus, there is no question of whether a judgement is 'right' or 'wrong' . It all depends on how the bench of judges perceive the case based on the submitted proof. The outlook of judges of a bench may also differ. There is no standardisation in the verdict to be pronounced. However, I would like to point out that judges are given too much discretion. In the end, judges base their verdict on the proof put forth after investigations.
-PB Sawant, former judge, Supreme Court of India
Leniency on the part of the Supreme Court is not justified
In our country, a death sentence is pronounced only in the 'rarest of rare' cases. The court makes its decision on the basis of evidence and the investigation carried out, but the punishment should be awarded in such a way that justice actually prevails. The reason that the judges gave for reducing the death sentence of the convict in the Priyadarshini Mattoo case are dubious. There is no justification for such a dreadful crime. It is different in a case where the victim is alive and the accused offers to marry the victim.
While upholding that he was guilty of the crime, the judges cited mitigating circumstances, which included the young age of the accused at the time of the murder and his having married and become a father. These factors cannot reduce the gravity of a crime that was premeditated and executed in the most brutal manner.
This kind of leniency on the part of the Supreme Court is not justified. The verdict in such a case should act as a deterrent to others as well. Leniency would make people feel that anyone can get away with such a gruesome offence. Rape and murder of a victim is a very serious crime. The commutation of the verdict is not justified.
-Kiran Moghe, president, Janwadi Mahila Sanghatana
Has justice been served?
Priyadarshini Mattoo case
A former IPS officer's son, Santosh Kumar Singh, who was convicted of brutally raping and murdering 25-year-old Priyadarshini Mattoo 14 years ago, escaped the death sentence when the Supreme Court set aside the Delhi high court's order and gave him a life term.
The SC said the "horrendous crime" had happened because Santosh's parents were over-indulgent. The judges said many ghastly crimes happen when "an accused belongs to a category with unlimited power or pelf or even more dangerously, a volatile cocktail of the two".
The apex court added that Singh was young at the time of the incident, and after his acquittal by the trial court he got married and became a father, and there was nothing to suggest that he was not capable of reforming.
Pratibha Srikantamurthy
A fast track sessions court convicted cab driver Shiva Kumar to rigorous imprisonment for life for kidnapping, raping and murdering BPO employee Pratibha Srikantamurthy in December 2005.
Pratibha, who joined HP Globalsoft in 2005 after her marriage, went missing on December 13, 2005 after leaving home for her night shift. Her body was found on the outskirts of Bangalore a day later.
The 113-page judgement said, "There was no dominating control over the deceased. She was not a helpless woman," adding the crime was not enormous in nature and not in the "rarest of rare" bracket. The judge said Kumar, who was 22 then, is now 27. He was not a habitual offender and the prosecution had not shown that he had been convicted for crime earlier, he said.
Without harsh punishment, people will not fear the law
In rape-murder cases, the law is not as harsh as it should be. Thus, there is no fear in society when it comes to committing these crimes. Take any rape or criminal case; the time it takes to reach a verdict is very long. When the fast track courts take that much time (five years in Pratibha's case), why do we need them at all? In this way, people will lose faith in fast track courts. They will be dissatisfied with our judicial system if there is no change in the procedures, especially in cases involving atrocities against women. Such soft judgements will obviously have consequences, wherein people will not be afraid of committing crimes against women. Moreover, by commuting a death sentence, you give the accused time to find ways to get free.
Capital punishment is criticised vehemently on moral grounds, so we do not have an option but to replace it. However, if it is stopped, bad elements in society will continue committing such crimes.
-Lata Bhise, advisor, Yashada
The judgement cannot be made on the basis of public opinion
Life imprisonment until death is as bad or may be worse than a death sentence. Capital punishment is not required as long as the guilty is being punished for his crime. In fact, a life term is more severe as the convict has to live with his guilt in isolation.
People expected a death sentence in the Priyadarshini case, but the judgement cannot be based on public opinion. Mob mentality tends to be brutal, so the judiciary should not get influenced by what people think. Every murder is heinous, but the 'rarest of rare' case can be applied only to the most gruesome crimes.
-Ritu Lamba, law student
Such acts go against the norms of humanity and compassion
The Priyadarshini Mattoo case has revived the debate over whether capital punishment should be awarded and if it can deter others from committing such crimes. Our Constitution and statutes recognise capital punishment as a deterrent to heinous crimes. In case of a crime as gruesome and merciless as rape and murder, the convict should certainly be granted a death penalty. Such acts go against the norms of humanity and compassion. Anything less than life imprisonment until death should not be acceptable.
As far as the Supreme Court verdict in this case is concerned, the death sentence should not have been reduced to life imprisonment. Keeping in view the heinousness of the crime, the court should have upheld the previous decision and stood by it.
-Sameer Nargolkar, lawyer
Severity of punishment is not a deterrent to crime
Death penalty must be abolished in India because it is a cruel way of punishing someone. It is surprising that the lower courts are enthusiastic in awarding death sentences. A capital punishment with the noose does not go well in a civilised society. If we call ourselves civilised, we must stop this practice. The severity of punishment does not act as a deterrent to crime. The surety and speedy delivery of punishment is more important. People generally feel that life imprisonment is a soft way of punishing someone. Considering the severity of the crime, courts can prolong the period of imprisonment. In case of Priyadarshini, the accused got a life term till death, which is a severe punishment.
-Ramesh Awasthi, founder, MASUM
Flaws in investigation and filing of cases affect judgement
There are two issues in the trial of rape cases — the time required by the court and the quantum of punishment. Both these clauses must be revisited and given a rethink. Two judges can differ in their judgement because the circumstantial evidence may vary. That is how they may arrive at different conclusions. A judge has to decide on the basis of the evidence placed in front of him. If the investigation done by the police is shabby, it can affect the judgment.
I agree that the way rape-murder cases are handled needs to be debated, but it is wrong to criticise the judges and their judgement. Many issues have to be considered in every case. Moreover, if the judgement is based on the investigation, collection of evidence and the way the case is filed, the judge can only do so much. I would say that investigation agencies are the real culprits. One must be persistent in pointing out the flaws in the investigation process and filing of cases.
-Aroona Nafday, advocate
There is a rise in false rape cases, so a court has to be cautious
One cannot say the law has been soft in both cases. The judges have given their verdict based on circumstantial evidence and the investigation reports. The investigation into a case and collection of evidence are the reason for delayed judgements. A court cannot pronounce a verdict without proper facts and data. Cases get prolonged till judges receive the essential proof.
In a recent report, the Pune police said that 74% of rape cases in 2008-2009 were found to be instances of consensual sex. Moreover, there have been cases in which the accused has been falsely implicated. For example, in the case of the American student of Tata Institute of Social Sciences (TISS) in Mumbai last year, the medical report did not confirm rape and the DNA report was negative. The complainant told the doctor she was raped by three men whose names she did not know. However, in the FIR, she accused six men and named them. Then, she claimed that she may have been raped, but that she had fallen unconscious after 1 in the night. On the other hand, phone records show that she was texting and calling all night. Thus, in such a case, circumstances become confusing and the judicial process cannot be hurried. Due to the high number of false rape cases and women-centric laws, the court has to ensure that a person is not falsely implicated.
I am not denying that rapes do not happen and the real culprit has to be punished, however, the case has to follow the required process of investigation before a judgement is given.
-Atit Rajpora, activist, Save Indian Family Foundation
team speak up Rajesh Rao, Disha Kohli & Mallika Rale
GET IN TOUCH: Please email us your views at punespeakup@dnaindia.net,
or call on 020- 39888888 extn 125.
http://epaper.dnaindia.com/epapermain.aspx?queryed=40&querypage=4&eddate=10/13/2010&view=nw
Sunday, August 22, 2010
Sexual harassment at workplace bill-GHRS, SIFF, CRISP seminar press conference-p7 news-22aug10
Sexual harassment at workplace bill-GHRS, SIFF, CRISP seminar press conference-p7 news-22aug10
(videos are in BLACK & WHITE )
PART 1/2
PART 2/2
Wednesday, August 18, 2010
IBN7 discussion on SC judgment on misuse of 498a, warranting for serious relook of the entire provision by the legislation – True lies of Feminists Ranjana kumari caught on national channel unearthed red handed
IBN7 discussion on SC judgment on misuse of 498a, warranting for serious relook of the entire provision by the legislation – True lies of Feminists Ranjana kumari caught on national channel unearthed red handed
PART 1/2
PART 2/2
Full text of SC judgment is available here
http://legalmanthan498adowrymisuse.blogspot.com/2010/08/sc-quash-misuse-of-498a-ipc-govt-to.html
Tuesday, August 17, 2010
Men demand union ministry for their welfare, gender neutral laws, time-bound settlement of matrimonial cases and launch National Litigant Bench (NLB)
Men demand union ministry for their welfare, gender neutral laws, time-bound settlement of matrimonial cases and launch National Litigant Bench (NLB)
August 15th, 2010
Chennai, Aug 15 (IANS) Over 100 men’s rights activists who held two-day deliberations at Tamil Nadu’s Yercaud hill station have demanded a separate union ministry for men’s welfare and fast-track courts for deciding matrimonial cases.
The delegates at the conference also sought amendments to various laws to make them gender neutral and demanded time-bound settlement of matrimonial cases in courts.
Manoj David, an activist, told IANS: “The conference passed a resolution demanding the union government to form a separate ministry for men’s welfare.”
“The conference also passed a resolution demanding substitution of words husband/wife with spouse in all laws. We also want the words man or woman occurring in laws to be replaced with the word person,” he said.
According to him, the judiciary should decide all matrimonial cases within two years.
“In matrimonial cases, the youth and vitality of the disputing parties are also involved. Delaying such cases will affect their lives beyond repair. Hence, such cases have to be settled by courts in a time bound manner. Setting up of fast track courts to try matrimonial cases is our demand,” David said.
The conference also passed several other resolutions and saw the launch of the National Litigant Bench (NLB) to help litigants in knowing their rights so that they are protected from undue judicial delays.
Members belonging to around 22 NGOs from different parts of the country participated in the conference.
The members celebrated the country’s 64th Independence Day as sugarless, day drinking coffee and tea sans sugar.
The conference was organised by Bangalore-based Save Indian Family Foundation (SIFF).
http://sify.com/news/men-demand-union-ministry-for-their-welfare-news-national-kipuacbbdbi.html
http://www.dailytimesindia.com/2010/08/151162.htm
http://www.vattal.com/news/men-demand-union-ministry-for-their-welfare/
Sunday, August 15, 2010
SC upholds HC orders for Daughter-in-Law to pay rent to Mother-in-law
SC upholds HC orders for Daughter-in-Law to pay rent to Mother-in-law
\Pune: In a landmark decision of its kind, the Apex Court upheld Mumbai High Court’s order, ordering a daughter-in-law to pay rent to her mother-in-law for illegally occupying the house. The order was passed by the SC on Monday, 19th July 2010.
The Supreme Court comprising of a bench of Justice Dalveer Bhandari and Deepak Verma has upheld the order of the Mumbai High Court, where a woman was asked to pay the dues to her Mother-in-law, who happens to be the owner of the property. This property was illegally possessed by the daughter-in-law by approaching the court with unclean hands in a divorce case filed by the woman Manisha (name changed) against her husband Deepak (name changed) who is based out of Pune currently.
The High Court bench comprising of Justice D.B. Bhosale, had directed the petitioner Manisha to pay rent for a period of 12 months at Rs. 5,000/- per month for the period in which she and her parents had illegally occupied the flat. The High Court also noted the fact that the Domestic Violence Act was being severely misused by women to grab property of husbands and in-laws.
“I have lost precious five years of my youth and my career because of this litigation. At the end, even if I won the case, I will never get these peak years back. Who is responsible for my lost years? Who is going to take the onus of returning the lost happiness of my parents at their old age? However, I am extremely thankful to my counsel Mrs. Seema Dhavale for helping me to get justice” Deepak signs off.
Says Atit Rajpara, member of Save Indian Family Foundation, a men’s rights organization, “This order by the Apex Court comes to rescue for those countless men who are not only facing rampant domestic violence from their wives but are also unable to get any respite due to hostile social situation pit against men. As per National Crime Records Bureau, in the last 12 years i.e. 1996 – 2008, 170,000 husbands have committed suicide directly due to Domestic Violence. Yet, there is no law in India to protect men from Domestic Violence.”
Full text @
For 'harassed' men, Independence Day will be sugarless - Sugarless Independence day - Save Indian Family Foundation (SIFF) national conference at Yercaud – Demand mens welfare ministry gender neutral laws- 498a, PWDVA ( domestic violence act, sexual harassment at workplace bill and shared parenting and joint child custody
For 'harassed' men, Independence Day will be sugarless
http://www.deccanchronicle.com/national/harassed-men-independence-day-will-be-sugarless-460
IANS, Aug 13, 2010, 09.17am IST
CHANDIGARH/SHIMLA: A clutch of Indian men are preparing to mark a "sugarless" Independence Day this year as a symbol of the bitter life they have been handed out by women who harass them and even deny them parenting rights.
To show that even men get hounded in society, men's rights organisation Save Indian Family Foundation (SIFF) is organising a 'Sugarless Independence Day' conference Aug 15 at Yercaud in Tamil Nadu, a hill station 32km from the steel town of Salem.
"Men's rights activists attending the conference have decided to have sugarless tea or coffee on August 15 this year and also not to have any other sweets. This is an epitome of the bitterness in the lives of men who are living in a society where there are only expectations from them," said Gaurav Saini, coordinator of SIFF's Chandigarh chapter.
SIFF, which started in Bangalore in 2005, now claims a membership of nearly 30,000 men in India and abroad. It positions itself as a men's rights organisation fighting against the misuse of dowry laws, domestic violence act and other laws perceived as anti-male.
"On Independence Day, when we meet we will abstain from taking sugary foodstuff," Virag Dhulia, a senior member of SIFF, said.
The Yercaud conference, the third of its kind, will have nearly 200 men's rights activists from all over India, representing about 15 different NGOs working for men's rights and participating to intensify the movement of men's rights in India.
Another Bangalore-based NGO, CRISP (Children's Rights Initiative for Shared Parenting), is among the participants.
"This is a unique way of lodging our protest towards woman-centric Indian Penal Code (IPC) clauses, which are totally unconstitutional," CRISP founder presidentKumar V Jahgirdar said.
But National Crime Records Bureau (NCRB) records say there were 195,856 crimes against women in 2008, of which 81,344 cases were of cruelty by husbands and their relatives against married women.
"Men continue to dominate every sphere of society. In cases of crimes related to women, they are mostly the tormentors rather than the victims. Some men may have been harassed by women but their numbers would be minuscule compared to women victims," women rights activist Abhilasha Bali said.
But the conference will nevertheless highlight the plight of "harassed" men. "This men's rights conference is being conducted to discuss and intensify the awareness campaign on various problems being faced by men in India as sons, brothers, husbands and fathers, including skyrocketing suicide rates by men, especially married men," SIFF coordinator Mandeep Puri said.
Puri pointed out that as per the NCRB, nearly 58,000 married men are committing suicide every year compared to only about 30,000 married women.
"From 1996 to 2008, 170,000 married men have committed suicide directly due to domestic violence," he added.
SIFF activists are upset that there is no concern in India about the plight of men.
"Not a single rupee has been allocated for men's welfare in the union budget in the last 63 years of independence even though men pay 82 percent of the taxes. Not a single study has been conducted by the government to study men's issues. Men do not even have a welfare ministry of their own whereas animals have," Puri pointed out.
Gaurav Saini said: "As per the NCRB, from 2004 to 2008, 550,000 men have been arrested without trial or investigation under Section 498-A, merely on the basis of a complaint from their wives.
"The mothers and sisters of men face hostile situations too. As per the NCRB, from 2004 to 2008, 160,000 innocent mothers and sisters of husbands were arrested without trial or investigation under Section 498-A, merely on the basis of a complaint from the wives of their brothers and sons."
SIFF activists say men are often treated as 'unpaid bodyguards' and 'free ATM machines' for the family.
"This time again we will discuss ways to impress upon the central government regarding the setting up of a men and child welfare ministry on the pattern of the women and child welfare ministry," said Jahgirdar, who is fighting for the shared parenting of his 10-year-old daughter with his ex-wife.
CRISP, with its 2,500 members, is also demanding shared parenting and joint custody as a rule in separation and divorce cases.
Delhi-based child counsellorEkta Singh said: "These days both the parents are working and they are playing an equal role in bringing up the child. For a child, both the parents are equally important and isolation of one of them in most cases leads to mental distress and trauma in the child."
She said the courts should also be more flexible on shared parenting like allowing the children to stay with their father on vacations or weekends.
Read more: For 'harassed' men, Independence Day will be sugarless - India - The Times of India http://timesofindia.indiatimes.com/india/For-harassed-men-Independence-Day-will-be-sugarless/articleshow/6303403.cms#ixzz0wck7JbNO
……….
I-Day ‘no sugar day’ for hubbies
Posted On Friday, August 13, 2010 at 05:13:39 AM
Hemanth.Kashyap@timesgroup.com
Come August 15, harassed husbands from various parts of the country will meet and devise ways to get freedom from their wives. The day will also be observed as a ‘Sugarless Day’ in which they will abstain from sweets.
As the nation celebrates its 64th year of Independence from British rule, more than 500 harassed husbands will meet at Yercaud, a hill station near Salem (Tamil Nadu), and chalk out strategies to legally fight their former wives and in-laws.
While it is common to distribute sweets on the occasion of Independence Day, these husbands will boycott sweets. Reason: they haven’t got freedom from their wives.
BITTER LIFE
These husbands, who represent CRISP (Children’s Rights Initiative for Shared Parenting) Bangalore and SIFF (Save Indian Family Foundation), besides some NGOs, will have sugarless coffee and tea, and avoid sweets - an expression of “bitterness in our lives”.
“Unfortunately, we live in a society where there are only expectations from us and no acceptance,” said Kumar Jahgirdar, President, CRISP.
“We want custody of the child and want divorce cases settled at the earliest. The more the delay, more the harassment by our wives and the police,” said Panduranga Katti, president, SIFF.
More than 1,000 cases are awaiting speedy disposal in various family courts across the country. “We’ll work out strategies to put an end to our plight,” said Katti.
Third conclave
The first such conference was held in Goa in 2008 and the second in Shimla, in 2009. This is the third meet. Maharashtra’s Purush Suraksha Sanstha and Uttar Pradesh’s Pathi Paramesh Kendra will also take part in the event. The husbands contend they are trapped in a ‘women-centric society’ and will not celebrate I-Day until their demands are met.
‘MEN’S WELFARE’ MINISTRY
Their demands include creation of a separate ministry for men’s welfare on the lines of women and child welfare ministry, equal taxation for men and women, change in inheritance laws, amendment to Domestic Violation Act of 2005 and mandatory joint custody of children for divorced couples.
A SIFF member said the suicide rate among husbands is twice that among women. “More than 1.2 lakh harassed husbands have committed suicide in the past five years. We are committed to fighting such wives through these forums,” he said.
……………
On Independence day men Demand gender neutral laws
On I-Day, men to demand neutral laws
2010-08-14 18:50:00
When India celebrates its 64th Independence Day Sunday, around 100 men representing nearly 15 NGOs would press for the formulation of gender neutral laws at a meeting at the Yercaud hill station in Tamil Nadu.
The men's rights groups would meet in the cool climes of Yercaud under the aegis of Save Indian Family Foundation (SIFF) to hotly deliberate social, judicial, health and other domestic issues affecting men.
They would also launch helplines and a National Litigant Bench (NLB) which will educate men involved in litigation at the meeting at Yercaud, some 380 km from Chennai.
'The worst sufferers of judicial delays are men. The NLB will help litigants in knowing their rights so that they are protected from undue judicial delays,' Uma Challa, president of All India Men's Welfare Association (AIMWA) told IANS over phone from Hyderabad.
'With cases taking decades to get settled, litigants lose their prime youth in going to courts rather than engaging in productive work,' Manoj, one of the architects of NLB, told IANS.
The one common thread binding the men's rights activists is that they all were involved in litigation mostly filed under women-centric laws or legal provisions.
'There is blatant abuse of legal provisions. If a person is found guilty, he should be punished. But when you bring in the element of monetary compensation for the complainant, then misuse of legal provisions kicks in,' Manoj said.
Legal provisions were framed to protect law-abiding women, but these are often misused, said Kumar V. Jahgirdar, a stock broker by profession and president of Child Rights Initiative for Shared Parenting (CRISP) based in Bangalore.
In India, divorces are turning out to be a tsunami for men. When divorce tsunami hits a man, he loses everything including his children, he said.
'As to children visitation rights, on an average a father gets around 2-4 hours once in 15 days which is very insignificant,' he added.
'Our demand is that laws should be applied on a neutral basis. For instance, law provides for a man to claim maintenance from his wife. But when that provision is sought to be invoked society ridicules men,' Challa said citing her own brother's case.
'Not that my brother wanted to claim maintenance from his wife. It is just that we wanted to test the legal provision and he was ridiculed,' she added.
Suresh Ram of AIMWA added: 'The women's organisations are headed by radical feminists and women laws are influenced by them. In the name of individuals' rights, families are destroyed.'
http://sify.com/news/on-i-day-men-to-demand-neutral-laws-news-national-kiosOedeghi.html
Friday, August 6, 2010
Press Release – SIFF announces 3rd Annual Men’s Right Conference on 15th August 2010
Press Release – SIFF announces 3rd Annual Men’s Right Conference on 15th August 2010
Friday, 06 August 2010 11:33
PRESS RELEASE
Sub: SIFF announces 3rd Annual Men’s Right Conference on 15th August 2010
About SIFF:
Save Indian Family Foundation (SIFF), Bangalore, a men’s rights organization fighting against misuse of dowry laws, domestic violence act and other anti-male and unconstitutional laws, comprises of around 30,000 people all over the country and abroad. SIFF came into existence in 2005 and since then it has been aggressively fighting misandry (male hatred) by creating awareness about men’s issues in the society.
About Annual Men’s Rights Conference:
SIFF, under the aegis of the Save Indian Family movement has been participating in men’s rights conference since 2008. This year, SIFF is organizing the 3rd Men’s Rights Conference at Yercaud in Tamil Nadu, a small hill station 32 Kms, from Salem on the 15th of August, 2010. Over 100 men’s rights activists from all over India, representing about 15 different NGOs working for men’s rights, will be participating in the conference to intensify the movement of men’s rights in India.
Theme of the Conference:
SIFF and its allied NGOs, under the aegis of the Save Indian Family movement, are calling for a “Sugarless Independence Day”, this year. Men’s rights activists attending the conference have decided to have sugarless tea/coffee on observance of the 15th of August, 2010 and also not to have any other sweets. This is an exhibition of epitome of the bitterness caused in the lives of men who are living in a society where there are only expectations from them and no acceptance for them.
Why men’s rights conference:
This men’s rights conference is being conducted to discuss and intensify the awareness campaign of the various problems and trampling of rights as faced by men in India as sons, brothers, husbands and fathers. Some of such problems are,
-
Skyrocketing suicide rates by men, especially married men. As per National Crime Records Bureau (NCRB),
- Approx. Fifty Eight Thousand (58,000) married men are committing suicides every year vis-à-vis approx. Thirty Thousand (30,000) married women.
- From 1996 – 2008, One Lac Seventy Thousand (170,000) married men have committed suicide directly due to Domestic Violence.
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- Men pay more income tax compared to women at the same educational levels and same salary.
- Not a single rupee has been allocated for men’s welfare in the Union Budget in the last 63 years of independence.
- Not a single study has been conducted by the Govt. of India to study men’s issues.
- Men do not even have a welfare ministry of their own, whereas even animals have.
- In the last 5 years close to Fifteen Lac (1500, 000) men have lost their jobs.
- Marital laws like Section 498A of the IPC, the Domestic Violence Act, the maintenance laws, the child custody provisions are heavily misused against men with false allegations of abuse and the same being used as tools of legal extortion against men. As per NCRB, from 2004-2008, Five Lac Fifty Thousand (550,000) men have been arrested without trial or investigation under Section 498A, merely on the basis of a complaint from their wives.
- Mothers and sisters of men face hostile situations as their human rights are routinely violated due to the male hatred unleashed by feminist organizations via media. As per NCRB from 2004-2008, One Lac Sixty Thousand (160, 000) innocent mothers and sisters of men have been arrested without trial or investigation under Section 498A, merely on the basis of a complaint from the wives of their brothers/sons.
- Men, having children, and entangled in marital disputes with their wives are not only alienated from meeting their children – as a social norm – but also face the fallacy of their own children being poisoned against them. Such unfortunate fathers are treated worst than a visitor in their child’s life and are used as FREE ATM MACHINES and SPERM DONORS.
- At the behest of men, a fatherless society is being created which will lead to increase in crime, jeopardize national security and create a bleak future for the children of tomorrow.
These problems are just the tip of the iceberg. Other than these men are facing many other problems in India like having to do the most menial/dirty jobs, taking a lot of risk on their lives in order to protect their family members, having no recognition for their efforts, face rampant castration right from the age of 6, so that they can become ruthless protectors and providers.
Why 15th August as the date of Conference:
- We organize the men’s rights conference on the 15th of August every year because the unfinished agenda is also to recognize and promote the men’s right on the observance of August 15th as Independence Day, as it will be in accordance to the wishes of all the national heroes who sacrificed their lives for this country. Though our country got independence on the 15th of August, 1947 from the British rule, men are yet to be get freedom from their mundane roles of a forced Protector (read Unpaid Bodyguard) and forced Provider (read FREE ATM MACHINE).
- Hence, men’s rights activist feel that the road to freedom for men is still under construction and hence men’s rights activists have decided not to observe “Independence Day” till their problems are resolved by the Govt. of India.
- Moreover, this year the Honorable Supreme Court also drove the nail in the coffin with their controversial remarks on the 11th June, 2010. The Honorable Supreme Court, comprising a bench by Justice Deepak Verma and Justice K S Radhakrishnan, Clearly made a remark that men should forget freedom as husbands.
- Observed Justice Deepak Verma, “Whenever a man is married, there is no question of independence” revisiting Justice Markanday Katju’s remarks last year that, “Men should bow down before their wives in marriages”.
These statements clearly elucidate the social expectations from men in marriages. Hence, when men have no right to freedom in marriages, men’s rights activists in India see the observation of Independence Day as an unfinished business and hence this year they would embark on observing a “Sugarless Independence Day” by having sugarless tea/coffee and not having sweets on the 15th August, 2010.
Last 15th August began a second freedom struggle; this year the struggle continues – the struggle for freedom and rights for men who are being denied many basic rights and equal protection in laws.
Click here to see the Press Invite