Source : The Siasat Daily, Sunday, 28 January, 2007
[PTI]
New Delhi, January 28:Prevailing criminal laws protecting women against domestic violence are increasingly being misused and they needed to be amended, speakers at a seminar said here today.
Citing the recently-passed Domestic Violence Act and Section 498A of the IPC as laws allegedly being misused, they said these laws are leading to victimisation and harassment.
"The cultural paradigm of the Indian society has been ignored while implementing the Domestic Violence Act which is not only gender-biased but is also unstructured", Ashish Mukhi, an activist, said at the conference on "Impact of Family Laws on Indian Society" organised by Save Family Forum.
Section 498A (husband or relative of husband of a woman subjecting her to cruelty) is being used to victimise and harass many families, he said.
The misuse of laws is leading to emotional, physical and financial crisis, Anupama Singh, another activist, alleged.
Implementation of these laws in the present format, if not controlled, can immensely disturb the marital and family stability, she claimed.
Tuesday, January 30, 2007
Don't Discard Values in Pursuit of Modernity — Pramilatai Medhe
Source : Organiser, 2007 Issues > February 04, 2007
Today we have about 4,900 shakhas across the country and abroad like the US, South Africa and England. During the birth centenary year of Lakshmibai Kelkar various leaders of the Samiti visited these countries.
We have seen that the people among the weaker sections, who have made some progress with the help of reservation, are exploiting the people of their own society. Instead of talking about reservation we can also take the initiatives to enhance the capability of women.
Pramilatai Medhe, Pramukh Sanchalika of Rashtra Sevika Samiti, took over the reigns of the Samiti on July 22, 2006 in Nagpur. Born in Nandurbar district of Maharashtra, she joined the Samiti during her childhood and learnt the basics of the organisation from Smt Lakhshmibai Kelkar, the founder of the Samiti. After holding various responsibilities in the organisation she became Pramukh Karyavahika in 1978 and took over as Sah-Pramukh Sanchalika on August 2, 2003. Organiser correspondent Pramod Kumar spoke to her to know her priorities as the Pramukh Sanchalika. Excerpts:
What are your priorities as the Pramukh Sanchalika of the Samiti?
Expansion of shakhas are the first priority as they are the pran (life) of our organisation. We also have plans to infuse a sense of awakening into the women about the ground realities of our society so that they can take up more projects as per the needs of the society. We have taken up some projects in Assam. In the recent Nagpur convention we decided to select 100 bastis in different parts of the country to start education, health and samskar projects. Besides our karyakartas, there are women in the society who have a desire to serve the society. We have to bring them also with us in these projects. A large number of women have joined hands with the Samiti in various projects. We have to bring about a change in the attitude of the society towards women and also women’s attitude towards other women.
Have these 100 projects been started or yet to be started?
Survey has been conducted at several places of Vidarbha, Maharashtra and Gujarat Prants. The details of the projects will be available in February. The work has begun in Assam. The birth centenary of Tai Apate, the second Pramukh Sanchalika of the Samiti, would be in 2010. Before that we have to launch these projects. In 2010, we wish to present these projects as a model of all-round development before the society.
What are the challenges before women today?
I think the self-respect of women is at stake today. The present image of women does not develop the feeling of shraddha and respect towards them. This image has to be changed. The picture of a woman, as being portrayed through TV serials and newspapers, magazines, etc. has contributed greatly in losing their respect. At the beginning stage of civilization, we did not have clothes, but today despite having everything we are throwing them away. This has put a danger before the purity of women. We have to protect the respect of a mother. If a mother cannot save her respect, how is she expected to contribute in nation-building? Consumerism is making women self-centered. If a woman is told to think about the whole family, she thinks it as wastage of time. Woman is a nirmati (maker) and she has to realise it.
What do you say about the Prevention of Domestic Violence Act that has been passed by Parliament recently?
The unity of family is already under threat in our country. This Act has been given another weapon in the hands of women. Before bringing any law, we need to educate people about its usage. George Washington was presented an axe by his father on his birthday in his childhood. Since he did not have the knowledge of using it, he destroyed the whole garden. The misuse of this Act will take women away from their family and the society. There are forces in the country who are jealous of our strong family system. Now they have started entrapping women. I am against crime against women, but I doubt whether the Act would be used to protect the family.
What steps are you taking to educate women against female foeticide?
We have taken up this issue in all our programmes. We are also now requesting the saints to talk about it. We have to free our society from several wrong notions and traditions. We are keeping this issue before the intellectuals who are policy-makers of the country. We have to keep in mind one more fact that the so-called educated people indulge in this crime more than the so-called illiterates.
What is the present strength of Samiti work in the country and abroad?
Women under the age of 30-35 years have started realising that what is happening around them is wrong and they should do something. They are associating themselves with various activities of the Samiti. The future is bright, but the path is full of thorns. Today we have about 4,900 shakhas across the country and abroad like the US, South Africa and England. During the birth centenary year of Lakshmibai Kelkar various leaders of the Samiti visited these countries. Indians in these countries want their future generations to imbibe the Indian values.
In Assam we started a project in which a group of 15 girls are brought to Nagpur and after imparting them nursing training they are sent to various parts of the north-east. We call them arogyarakshikas but the local people regard them as their pranrakshikas as they have proved themselves very useful in saving their lives.
What positive change do you see among women today after so many years of the Samiti work?
Women in large number have started following the swadeshi way, talking only in mother tongue with children at home, installing healthy pictures in house, refusing dowry during the marriage, etc. They may be less in number but have developed a hope for the country.
The issue of 33 per cent reservation to women is still hot. What do you think about it?
It has many dimensions. I feel there should be a public debate on it. What is the reservation policy? What do we really want to do and how much progress have the people made after granting reservation? This is a fact that in rural areas where women were granted reservation have done some good works. The politicisation of the issue is wrong. We have seen that the people among the weaker sections, who have made some progress with the help of reservation, are exploiting the people of their own society. Instead of talking about reservation we can also take the initiatives to enhance the capability of women. After all, those women who have come forward, have not come due to reservation. Recently we honoured some women working as auto-rickshaw driver, trolley driver, truck driver, etc. Like dalits, women should not be used as another vote-back.
There is a section of women, which feels that women cannot move with the changing time with the ideals of Sita and Savitri. What do you say?
We should understand the real meaning of being Sita and Savitri. Sita symbolises nishtha (faithfulness). We today see the menace of diseases, like AIDS, etc. In fact they have developed due to unfaithfulness. If we have to protect ourselves from such problems, faithfulness is the only remedy. The purity in relations is necessary. Similarly, Savitri represents a young and intelligent girl. She fights kaal, the God of death. She is not entrapped in the materialistic attractions thrown by the kaal. Are we not today fighting against the kaal? Who will protect the values, which are being targeted everyday? To become Kalpna Chawala and Sunita Williams women need not change their values. We welcomed Sunita Williams when she said India looks the most beautiful country from the space. She carried Bhagwadgita and a picture of Lord Ganesha with her in the space. Can you say her backward if she carries Bhagwadgita? For becoming modern women need not discard their values. We are not against women joining the field of science, space, technology, army or any other field. When a bird flies in the sky it always has its eyes on its nest. Women may fly in the sky of progress but they should not forget their real duties.
Today we have about 4,900 shakhas across the country and abroad like the US, South Africa and England. During the birth centenary year of Lakshmibai Kelkar various leaders of the Samiti visited these countries.
We have seen that the people among the weaker sections, who have made some progress with the help of reservation, are exploiting the people of their own society. Instead of talking about reservation we can also take the initiatives to enhance the capability of women.
Pramilatai Medhe, Pramukh Sanchalika of Rashtra Sevika Samiti, took over the reigns of the Samiti on July 22, 2006 in Nagpur. Born in Nandurbar district of Maharashtra, she joined the Samiti during her childhood and learnt the basics of the organisation from Smt Lakhshmibai Kelkar, the founder of the Samiti. After holding various responsibilities in the organisation she became Pramukh Karyavahika in 1978 and took over as Sah-Pramukh Sanchalika on August 2, 2003. Organiser correspondent Pramod Kumar spoke to her to know her priorities as the Pramukh Sanchalika. Excerpts:
What are your priorities as the Pramukh Sanchalika of the Samiti?
Expansion of shakhas are the first priority as they are the pran (life) of our organisation. We also have plans to infuse a sense of awakening into the women about the ground realities of our society so that they can take up more projects as per the needs of the society. We have taken up some projects in Assam. In the recent Nagpur convention we decided to select 100 bastis in different parts of the country to start education, health and samskar projects. Besides our karyakartas, there are women in the society who have a desire to serve the society. We have to bring them also with us in these projects. A large number of women have joined hands with the Samiti in various projects. We have to bring about a change in the attitude of the society towards women and also women’s attitude towards other women.
Have these 100 projects been started or yet to be started?
Survey has been conducted at several places of Vidarbha, Maharashtra and Gujarat Prants. The details of the projects will be available in February. The work has begun in Assam. The birth centenary of Tai Apate, the second Pramukh Sanchalika of the Samiti, would be in 2010. Before that we have to launch these projects. In 2010, we wish to present these projects as a model of all-round development before the society.
What are the challenges before women today?
I think the self-respect of women is at stake today. The present image of women does not develop the feeling of shraddha and respect towards them. This image has to be changed. The picture of a woman, as being portrayed through TV serials and newspapers, magazines, etc. has contributed greatly in losing their respect. At the beginning stage of civilization, we did not have clothes, but today despite having everything we are throwing them away. This has put a danger before the purity of women. We have to protect the respect of a mother. If a mother cannot save her respect, how is she expected to contribute in nation-building? Consumerism is making women self-centered. If a woman is told to think about the whole family, she thinks it as wastage of time. Woman is a nirmati (maker) and she has to realise it.
What do you say about the Prevention of Domestic Violence Act that has been passed by Parliament recently?
The unity of family is already under threat in our country. This Act has been given another weapon in the hands of women. Before bringing any law, we need to educate people about its usage. George Washington was presented an axe by his father on his birthday in his childhood. Since he did not have the knowledge of using it, he destroyed the whole garden. The misuse of this Act will take women away from their family and the society. There are forces in the country who are jealous of our strong family system. Now they have started entrapping women. I am against crime against women, but I doubt whether the Act would be used to protect the family.
What steps are you taking to educate women against female foeticide?
We have taken up this issue in all our programmes. We are also now requesting the saints to talk about it. We have to free our society from several wrong notions and traditions. We are keeping this issue before the intellectuals who are policy-makers of the country. We have to keep in mind one more fact that the so-called educated people indulge in this crime more than the so-called illiterates.
What is the present strength of Samiti work in the country and abroad?
Women under the age of 30-35 years have started realising that what is happening around them is wrong and they should do something. They are associating themselves with various activities of the Samiti. The future is bright, but the path is full of thorns. Today we have about 4,900 shakhas across the country and abroad like the US, South Africa and England. During the birth centenary year of Lakshmibai Kelkar various leaders of the Samiti visited these countries. Indians in these countries want their future generations to imbibe the Indian values.
In Assam we started a project in which a group of 15 girls are brought to Nagpur and after imparting them nursing training they are sent to various parts of the north-east. We call them arogyarakshikas but the local people regard them as their pranrakshikas as they have proved themselves very useful in saving their lives.
What positive change do you see among women today after so many years of the Samiti work?
Women in large number have started following the swadeshi way, talking only in mother tongue with children at home, installing healthy pictures in house, refusing dowry during the marriage, etc. They may be less in number but have developed a hope for the country.
The issue of 33 per cent reservation to women is still hot. What do you think about it?
It has many dimensions. I feel there should be a public debate on it. What is the reservation policy? What do we really want to do and how much progress have the people made after granting reservation? This is a fact that in rural areas where women were granted reservation have done some good works. The politicisation of the issue is wrong. We have seen that the people among the weaker sections, who have made some progress with the help of reservation, are exploiting the people of their own society. Instead of talking about reservation we can also take the initiatives to enhance the capability of women. After all, those women who have come forward, have not come due to reservation. Recently we honoured some women working as auto-rickshaw driver, trolley driver, truck driver, etc. Like dalits, women should not be used as another vote-back.
There is a section of women, which feels that women cannot move with the changing time with the ideals of Sita and Savitri. What do you say?
We should understand the real meaning of being Sita and Savitri. Sita symbolises nishtha (faithfulness). We today see the menace of diseases, like AIDS, etc. In fact they have developed due to unfaithfulness. If we have to protect ourselves from such problems, faithfulness is the only remedy. The purity in relations is necessary. Similarly, Savitri represents a young and intelligent girl. She fights kaal, the God of death. She is not entrapped in the materialistic attractions thrown by the kaal. Are we not today fighting against the kaal? Who will protect the values, which are being targeted everyday? To become Kalpna Chawala and Sunita Williams women need not change their values. We welcomed Sunita Williams when she said India looks the most beautiful country from the space. She carried Bhagwadgita and a picture of Lord Ganesha with her in the space. Can you say her backward if she carries Bhagwadgita? For becoming modern women need not discard their values. We are not against women joining the field of science, space, technology, army or any other field. When a bird flies in the sky it always has its eyes on its nest. Women may fly in the sky of progress but they should not forget their real duties.
U.S. Must Stop Exporting Weapons of Family Destruction
Source : RADAR, Editorial, January 29, 2007
By Uma Challa
web posted January 29, 2007
Pearl S. Buck once wrote, "The lack of emotional security of our American young people is due…to their isolation from the larger family unit…no mere father and mother…are enough to provide emotional security for a child. He needs to feel himself one in a world of kinfolk, persons of variety in age and temperament, and yet allied to himself by an indissoluble bond..."
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. Understanding and tolerance to build harmonious marital relationships, are now being projected as a form of slavery. To make things worse, senseless U.S. anti- family laws, which have literally destroyed trust between American men and women, are now being thrust on India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.
The heavily critiqued Domestic Violence Act is the Indian clone of the Violence Against Women Act (VAWA) which assumes that victims of domestic violence are always women. Further, it assumes that women are always honest, and, hence, requiring proof of their claims is unnecessary. The accused man, however, is presumed guilty until proven innocent. In an overzealous attempt to cover all forms of real or perceived violence against women, feminist organizations have drafted this ludicrous piece of legislation, which provides enormous scope for its misuse by unscrupulous wives/girlfriends (current or former) against men and their kin. Victims of female aggression (men, women or children) are offered no legal protection whatsoever.
Most importantly, the implementation of such laws depends on a law enforcement system replete with corrupt officials who, for their own monetary gains, embolden women to take undue advantage of the credibility granted to them by Indian law. The misuse of draconian anti-dowry laws, like Section 498A of Indian Penal Code, is so widespread that the Supreme Court of India termed the practice as "Legal Terrorism". It has been established that 98% of cases claiming any form of harassment under the anti-dowry laws are false, and are mainly filed by wives who seek to threaten, extort money from, and wreak revenge on husbands and their relatives, in case of marital discord. The Domestic Violence Act also lent itself to misuse immediately after its introduction in October 2006.
The export of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-dowry laws as a major factor contributing to the increasing abuse of the elderly in India. News reports also revealed that many falsely charged, poor and illiterate women are languishing in prison every year until they are bailed out or released. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. There is also an increasing number of unhappy women who, misled by false notions of liberation and empowerment, shunned the simple joys of family life that no women's organization can restore.
The Universal Declaration of Human Rights states, "the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State." It also states, "men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution." It declares that "all are equal before the law, and are entitled without any discrimination to equal protection of the law." Most importantly, it proclaims that "everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law."
Amnesty International should recognize that all the above mentioned rights of thousands of innocent Indian men and women are being violated everyday under the guise of women-protection laws. Amnesty International should first examine the social and cultural implications of every legislation (domestic and international) that affects the family unit in any country, and ensure the presence of a reliable and efficient law enforcement machinery to implement the laws. Ignoring these crucial concerns and pushing for more laws like International-VAWA will only destroy many more lives and families.
Uma Challa is an activist who fights against gender-biased laws which are harming the Indian family system. She can be reached at uma@498a.org
By Uma Challa
web posted January 29, 2007
Pearl S. Buck once wrote, "The lack of emotional security of our American young people is due…to their isolation from the larger family unit…no mere father and mother…are enough to provide emotional security for a child. He needs to feel himself one in a world of kinfolk, persons of variety in age and temperament, and yet allied to himself by an indissoluble bond..."
The much envied Indian family structure is, in fact, based on mutual tolerance and coexistence of persons belonging to different generations, and provides safety and security to individuals at all stages of life. The larger family also acts as a buffer to mitigate everyday stress and helps minimize conflicts between inexperienced married couples. This stable and time-tested cultural institution has suffered the most serious assaults due to the export of family-breaking ideologies originating in the Western world. Understanding and tolerance to build harmonious marital relationships, are now being projected as a form of slavery. To make things worse, senseless U.S. anti- family laws, which have literally destroyed trust between American men and women, are now being thrust on India, without any heed to cultural relevance, social consensus, or the presence of a suitable law enforcement system for their proper implementation.
The heavily critiqued Domestic Violence Act is the Indian clone of the Violence Against Women Act (VAWA) which assumes that victims of domestic violence are always women. Further, it assumes that women are always honest, and, hence, requiring proof of their claims is unnecessary. The accused man, however, is presumed guilty until proven innocent. In an overzealous attempt to cover all forms of real or perceived violence against women, feminist organizations have drafted this ludicrous piece of legislation, which provides enormous scope for its misuse by unscrupulous wives/girlfriends (current or former) against men and their kin. Victims of female aggression (men, women or children) are offered no legal protection whatsoever.
Most importantly, the implementation of such laws depends on a law enforcement system replete with corrupt officials who, for their own monetary gains, embolden women to take undue advantage of the credibility granted to them by Indian law. The misuse of draconian anti-dowry laws, like Section 498A of Indian Penal Code, is so widespread that the Supreme Court of India termed the practice as "Legal Terrorism". It has been established that 98% of cases claiming any form of harassment under the anti-dowry laws are false, and are mainly filed by wives who seek to threaten, extort money from, and wreak revenge on husbands and their relatives, in case of marital discord. The Domestic Violence Act also lent itself to misuse immediately after its introduction in October 2006.
The export of destructive feminist ideologies and anti-family laws has broken many Indian homes, depriving children of a healthy childhood. A report by the World Health Organization cited misuse of anti-dowry laws as a major factor contributing to the increasing abuse of the elderly in India. News reports also revealed that many falsely charged, poor and illiterate women are languishing in prison every year until they are bailed out or released. Many individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years. There is also an increasing number of unhappy women who, misled by false notions of liberation and empowerment, shunned the simple joys of family life that no women's organization can restore.
The Universal Declaration of Human Rights states, "the family is the natural and fundamental group unit of society, and is entitled to protection by society and the State." It also states, "men and women,…, are entitled to equal rights as to marriage, during marriage and at its dissolution." It declares that "all are equal before the law, and are entitled without any discrimination to equal protection of the law." Most importantly, it proclaims that "everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law."
Amnesty International should recognize that all the above mentioned rights of thousands of innocent Indian men and women are being violated everyday under the guise of women-protection laws. Amnesty International should first examine the social and cultural implications of every legislation (domestic and international) that affects the family unit in any country, and ensure the presence of a reliable and efficient law enforcement machinery to implement the laws. Ignoring these crucial concerns and pushing for more laws like International-VAWA will only destroy many more lives and families.
Uma Challa is an activist who fights against gender-biased laws which are harming the Indian family system. She can be reached at uma@498a.org
Sunday, January 28, 2007
Amend Matrimonial Cruelty Law : Seminar
Source : DailyIndia.com Sunday, January 28, 2006 [IANS]
By Indo Asian News Service
New Delhi, Jan 28 (IANS) The demand for scraping or amending a law on matrimonial cruelty has gathered steam with apprehensions being expressed about its misuse.
At a seminar organised by the Save Indian Family Foundation (SIFF) here Sunday, 'victims' of the law, lawyers, judges and people from a cross-section of society voiced apprehensions that Section 498A of the Indian Penal Code (IPC) and the Domestic Violence Act, have been grossly misused by women to extort money from their husbands.
SIFF is an organisation of people who have been implicated in cases under Section 498A.
SIFF chairman Pandurang Katti, who had been exonerated by the Supreme Court after his wife had implicated him under the act, stressed on the need to review the two laws.
Katti, a software engineer from Bangalore, said that his organisation would continue its campaign to get the two laws amended to prevent gender bias.
Offenders under Section 498A are liable for imprisonment and a fine. The offence is non-bailable, non-compoundable and cognizable on a complaint made to the police officer by a woman or certain designated relatives.
Katti also rubbished statistics by the National Commission for Women (NCW) showing a large percentage of Indian women being subjected to domestic violence.
'When we asked them to show the basis on which these figures were arrived at, they had no answer,' he said.
Speaking on the occasion, retired Delhi High Court judge R.P. Gupta said laws are made to prevent mischief 'but become a problem when they are not properly implemented'.
By Indo Asian News Service
New Delhi, Jan 28 (IANS) The demand for scraping or amending a law on matrimonial cruelty has gathered steam with apprehensions being expressed about its misuse.
At a seminar organised by the Save Indian Family Foundation (SIFF) here Sunday, 'victims' of the law, lawyers, judges and people from a cross-section of society voiced apprehensions that Section 498A of the Indian Penal Code (IPC) and the Domestic Violence Act, have been grossly misused by women to extort money from their husbands.
SIFF is an organisation of people who have been implicated in cases under Section 498A.
SIFF chairman Pandurang Katti, who had been exonerated by the Supreme Court after his wife had implicated him under the act, stressed on the need to review the two laws.
Katti, a software engineer from Bangalore, said that his organisation would continue its campaign to get the two laws amended to prevent gender bias.
Offenders under Section 498A are liable for imprisonment and a fine. The offence is non-bailable, non-compoundable and cognizable on a complaint made to the police officer by a woman or certain designated relatives.
Katti also rubbished statistics by the National Commission for Women (NCW) showing a large percentage of Indian women being subjected to domestic violence.
'When we asked them to show the basis on which these figures were arrived at, they had no answer,' he said.
Speaking on the occasion, retired Delhi High Court judge R.P. Gupta said laws are made to prevent mischief 'but become a problem when they are not properly implemented'.
Dowry Giving Growing in Kerala
Source : The Times of India [ 28 Jan, 2007 1043hrs IST IANS ]
THIRUVANANTHAPURAM: The institution of dowry has grown in Kerala over the years, largely due to the pressure on parents to get their daughters married, a researcher has said.
Praveena Kodoth, a faculty member at the Centre for Development Studies here, says in a study that "marriage is seen as something that gives women a meaningful life in much the same way as employment makes a man's life meaningful".
"Because of this parents are under pressure to get their daughters married and this gave rise to dowry," she says in her study that was conducted in two phases in 2001 and 2005 in a village in northern Kerala.
Data was collected from commercial marriage agencies, the marriage bureaus and marriage brokers of nearby towns.
"The state and society by promoting one particular form of marriage, or stable monogamy, has given incentive for engaging in dowry. This has generated negative perceptions about single women and divorced, separated or widowed women," said Kodoth.
Dowry has become an important basis of match making in Kerala, which is also known for its matrilineal traditions.
Till the early mid-20th century, formalisation of marriage among the matrilineal castes was far from elaborate and involved few, if any, exchanges of gifts or unilateral transfer of goods or cash.
In the region under study, people associated dowry foremost with the Muslims, who had a significant presence in the village, and with settler Christians, and the Ezhava and Nair community.
"Muslims admit that dowry is a drain on the resources of the poor. Settler Christians, Ezhavas and Nairs acknowledge that they transfer property to their daughters at the time of marriage but represent it as her 'share' of family property. During conversations, however, there is frequent slippage between dowry and 'share' in property," says the study.
The size of the dowry revolves around the economic and social condition of the family and largely on what was given by the next-door neighbour. Gold is an important element in the dowry.
"I was told repeatedly that parents will do all they can for a daughter at the time of her marriage. Even among the labour class, 10 to 15 sovereigns of gold (1 sovereign = around 8 grams) was the norm. It touched up to 75 sovereigns of gold among the Thiya community, while Nair families with roots in the landed elite have given around 50 sovereigns," says the study.
The educational standard of the bride is also considered and an educated bride preferred as the prospective bridegroom sees education as bolstering the woman's ability to rear children and teach them at home.
Among the poorer families, the preferred jobs that prospective brides should have include as nurses, technical assistants in hospitals, paramedical establishments, and as office assistants.
As an example, she mentions that a construction labourer whose 20-year-old daughter worked as an X-ray technician in a private establishment was listed in the frequent inquiry list by prospective bridegrooms.
For men, however, the emphasis is mainly on their ability to economically provide for a family. Their employment status is crucial.
Though men employed in the public sector continue to be sought after, those working as drivers or technicians in the Middle East with at best higher secondary qualifications are married to women with graduate and postgraduate degrees.
Kodoth says that even though dowry was banned in the country in 1961, it has only grown since.
"The rules were framed by Kerala against dowry in 1982, but unless it addresses importance to marriage of women, the issue of dowry cannot be effectively addressed," said Kodoth.
THIRUVANANTHAPURAM: The institution of dowry has grown in Kerala over the years, largely due to the pressure on parents to get their daughters married, a researcher has said.
Praveena Kodoth, a faculty member at the Centre for Development Studies here, says in a study that "marriage is seen as something that gives women a meaningful life in much the same way as employment makes a man's life meaningful".
"Because of this parents are under pressure to get their daughters married and this gave rise to dowry," she says in her study that was conducted in two phases in 2001 and 2005 in a village in northern Kerala.
Data was collected from commercial marriage agencies, the marriage bureaus and marriage brokers of nearby towns.
"The state and society by promoting one particular form of marriage, or stable monogamy, has given incentive for engaging in dowry. This has generated negative perceptions about single women and divorced, separated or widowed women," said Kodoth.
Dowry has become an important basis of match making in Kerala, which is also known for its matrilineal traditions.
Till the early mid-20th century, formalisation of marriage among the matrilineal castes was far from elaborate and involved few, if any, exchanges of gifts or unilateral transfer of goods or cash.
In the region under study, people associated dowry foremost with the Muslims, who had a significant presence in the village, and with settler Christians, and the Ezhava and Nair community.
"Muslims admit that dowry is a drain on the resources of the poor. Settler Christians, Ezhavas and Nairs acknowledge that they transfer property to their daughters at the time of marriage but represent it as her 'share' of family property. During conversations, however, there is frequent slippage between dowry and 'share' in property," says the study.
The size of the dowry revolves around the economic and social condition of the family and largely on what was given by the next-door neighbour. Gold is an important element in the dowry.
"I was told repeatedly that parents will do all they can for a daughter at the time of her marriage. Even among the labour class, 10 to 15 sovereigns of gold (1 sovereign = around 8 grams) was the norm. It touched up to 75 sovereigns of gold among the Thiya community, while Nair families with roots in the landed elite have given around 50 sovereigns," says the study.
The educational standard of the bride is also considered and an educated bride preferred as the prospective bridegroom sees education as bolstering the woman's ability to rear children and teach them at home.
Among the poorer families, the preferred jobs that prospective brides should have include as nurses, technical assistants in hospitals, paramedical establishments, and as office assistants.
As an example, she mentions that a construction labourer whose 20-year-old daughter worked as an X-ray technician in a private establishment was listed in the frequent inquiry list by prospective bridegrooms.
For men, however, the emphasis is mainly on their ability to economically provide for a family. Their employment status is crucial.
Though men employed in the public sector continue to be sought after, those working as drivers or technicians in the Middle East with at best higher secondary qualifications are married to women with graduate and postgraduate degrees.
Kodoth says that even though dowry was banned in the country in 1961, it has only grown since.
"The rules were framed by Kerala against dowry in 1982, but unless it addresses importance to marriage of women, the issue of dowry cannot be effectively addressed," said Kodoth.
Thursday, January 25, 2007
Wife's trivial complaint costs life of the Husband, the Police ensures that
Hubby booked by wife: http://timesofindia.indiatimes.com/Hubby_booked_by_wife/articleshow/1411906.cms
[ 24 Jan, 2007 0257hrs ISTTIMES NEWS NETWORK & AGENCIES ]
Patna & Madhepura, Bihar, India: Little did Prabhash Kumar Singh's wife know that a trivial complaint she had lodged against her husband a few days ago, accusing him of torture and assault, would cost his life.
On Monday, Assistant Sub-Inspector (ASI) Shivshankar Chaudhary of the Alamnagar Police Station of the District of Madhepura picked up Prabhash from Khurhan village in connection with case. After arriving at the police station, he demanded Rs 10,000 from Prabhash to "settle" the case.
Prabhash pleaded that the matter had been amicable settled by the local panchayat and that there was no reason to pursue the case.
This enraged the ASI who continued to rain blows and kicks on Prabhash until he slumped to the ground. The cop then dumped the victim in the lock-up where he succumbed to his injuries. On learning about his death, the ASI fled the scene.
Interestingly, Brajesh Kumar was the Investigating Officer (I.O.) of the case and Chaudhary had no right to poke his nose into it. Victim's younger brother Ranjeet Kumar claimed that Prabhash was brutally beaten in full public view. "He (Prabhash) was beaten senseless and dumped in the lock-up," he said.
Madhepura District Magistrate (DM) Rajesh Kumar later visited the spot and ordered a magisterial inquiry into the matter. Sources said that a Police Complaint (First Information Report or FIR) was lodged against three policemen who were eventually suspended.
Meanwhile, a team of doctors conducted the post-mortem examination on the victim's body at the Madhepura Sadar hospital. The viscera of the body will be sent to Patna for chemical examination.
Earlier, agitated villagers prevented the police from taking the body into their possession. They sought action against the guilty. The villagers relented after senior police officers assured them of proper action at the earliest.
[ 24 Jan, 2007 0257hrs ISTTIMES NEWS NETWORK & AGENCIES ]
Patna & Madhepura, Bihar, India: Little did Prabhash Kumar Singh's wife know that a trivial complaint she had lodged against her husband a few days ago, accusing him of torture and assault, would cost his life.
On Monday, Assistant Sub-Inspector (ASI) Shivshankar Chaudhary of the Alamnagar Police Station of the District of Madhepura picked up Prabhash from Khurhan village in connection with case. After arriving at the police station, he demanded Rs 10,000 from Prabhash to "settle" the case.
Prabhash pleaded that the matter had been amicable settled by the local panchayat and that there was no reason to pursue the case.
This enraged the ASI who continued to rain blows and kicks on Prabhash until he slumped to the ground. The cop then dumped the victim in the lock-up where he succumbed to his injuries. On learning about his death, the ASI fled the scene.
Interestingly, Brajesh Kumar was the Investigating Officer (I.O.) of the case and Chaudhary had no right to poke his nose into it. Victim's younger brother Ranjeet Kumar claimed that Prabhash was brutally beaten in full public view. "He (Prabhash) was beaten senseless and dumped in the lock-up," he said.
Madhepura District Magistrate (DM) Rajesh Kumar later visited the spot and ordered a magisterial inquiry into the matter. Sources said that a Police Complaint (First Information Report or FIR) was lodged against three policemen who were eventually suspended.
Meanwhile, a team of doctors conducted the post-mortem examination on the victim's body at the Madhepura Sadar hospital. The viscera of the body will be sent to Patna for chemical examination.
Earlier, agitated villagers prevented the police from taking the body into their possession. They sought action against the guilty. The villagers relented after senior police officers assured them of proper action at the earliest.
SI Rescues Battered Husband
Source : Deccan Herald, Tuesday, March 08, 2005
Good Samaritan
A battered husband was rescued by the timely help of a police sub inspector, near Marikuppam here, reports DHNS from KGF.
Dilip (38) was bleeding profusely after receiving a blow from his wife Mary. The neighbours informed about the incident to police sub inspector Nagesh, who in turn made arrangements for shifting him to the hospital.
As the injury was very grave, doctors in the local government hospital at Robertsonpet, suggested that the man be shifted to NIMHANS in Bangalore immediately. When the family pleaded inability to hire an ambulance to transport Dilip, the sub inspector paid money from his own pocket and ensured that the injured was provided medical aid in time.
Good Samaritan
A battered husband was rescued by the timely help of a police sub inspector, near Marikuppam here, reports DHNS from KGF.
Dilip (38) was bleeding profusely after receiving a blow from his wife Mary. The neighbours informed about the incident to police sub inspector Nagesh, who in turn made arrangements for shifting him to the hospital.
As the injury was very grave, doctors in the local government hospital at Robertsonpet, suggested that the man be shifted to NIMHANS in Bangalore immediately. When the family pleaded inability to hire an ambulance to transport Dilip, the sub inspector paid money from his own pocket and ensured that the injured was provided medical aid in time.
Dowry Cases To Come Under Community Policing Plan
Source : The Tribune, Sunday, April 3, 2005, Chandigarh, India
Jangveer Singh
Tribune News Service
Patiala, April 2
In a major policy shift, Senior Superintendents of Police (SSPs) in all five districts and three police districts in Patiala Zone have been asked to exercise restraint while proceeding against members of families charged under various dowry crimes.
The district police chiefs have been directed by Patiala Zonal Inspector-General of Police Rajinder Singh to arrest the accused in such cases only after a comprehensive inquiry.
Sources said these directions had been passed after a survey by the police revealed that a large number of false cases were being filed by women against their in-laws.
Besides asking the district police chiefs of Patiala, Sangrur, Barnala, Fatehgarh Sahib, Ludhiana, Ropar, Jagraon and Khanna, which fall under the Patiala Zone, to exercise restraint, all have also been asked to take dowry cases under the ambit of the community policing programme.
This system has already started yielding results with 4,698 disputes being referred to various districts in the zone last year. As many as 3,673 cases were solved through reconciliation. The community cell solved another 369 cases through mutual divorce.
Zonal IG Rajinder Singh, when contacted, said it had been decided to change the police strategy with regard to dowry cases after reports that in some cases, members of the accused family had committed suicide because of the humiliation suffered by them. He said the force had been given specific directions on how they should react after a dowry case was registered.
"The SSPs have been asked not to raid the house of the accused after registration of a dowry case. Instead, the accused should be called for a meeting". He said it was also seen that sieze of dowry items did not help and that the items remained in police stations for years.
He said the police officers had been asked not to sieze such items. In order to ensure transparent functioning of the investigation officer in the case, the directions now held him responsible in case he made arrests not needed in the case.
The Investigating Officer would also be responsible for removing names of accused or relevant Sections from the FIR, if not proved, to ensure speedy and quick justice to the accused.
Jangveer Singh
Tribune News Service
Patiala, April 2
In a major policy shift, Senior Superintendents of Police (SSPs) in all five districts and three police districts in Patiala Zone have been asked to exercise restraint while proceeding against members of families charged under various dowry crimes.
The district police chiefs have been directed by Patiala Zonal Inspector-General of Police Rajinder Singh to arrest the accused in such cases only after a comprehensive inquiry.
Sources said these directions had been passed after a survey by the police revealed that a large number of false cases were being filed by women against their in-laws.
Besides asking the district police chiefs of Patiala, Sangrur, Barnala, Fatehgarh Sahib, Ludhiana, Ropar, Jagraon and Khanna, which fall under the Patiala Zone, to exercise restraint, all have also been asked to take dowry cases under the ambit of the community policing programme.
This system has already started yielding results with 4,698 disputes being referred to various districts in the zone last year. As many as 3,673 cases were solved through reconciliation. The community cell solved another 369 cases through mutual divorce.
Zonal IG Rajinder Singh, when contacted, said it had been decided to change the police strategy with regard to dowry cases after reports that in some cases, members of the accused family had committed suicide because of the humiliation suffered by them. He said the force had been given specific directions on how they should react after a dowry case was registered.
"The SSPs have been asked not to raid the house of the accused after registration of a dowry case. Instead, the accused should be called for a meeting". He said it was also seen that sieze of dowry items did not help and that the items remained in police stations for years.
He said the police officers had been asked not to sieze such items. In order to ensure transparent functioning of the investigation officer in the case, the directions now held him responsible in case he made arrests not needed in the case.
The Investigating Officer would also be responsible for removing names of accused or relevant Sections from the FIR, if not proved, to ensure speedy and quick justice to the accused.
Monday, January 22, 2007
Elderly Couple Nabbed For PERJURY In Dowry Death Case
Source : Times of India, Monday, 22 January, 2007
Page 10, Column 6
[PTI]
New Delhi: An elderly couple, which turned hostile in its daughter's dowry death case by taking a U-turn from their earlier statements as witnesses before a city court, has been ordered to be arrested for giving false evidence on oath.
"On oath, they deposed falsely despite warnings by this court and hence, in my considered view, offence punishable under different provisions of IPC is disclosed against both the witnesses," said Additional Sessions Judge Reena Singh Nag.
Taking strong exception to flip-flop by 58-year-old Om Prakash and 55-year-old Krishna, father and mother respectively of victim Sonia, who allegedly died after her in-laws set her ablaze over dowry demands, the court directed registration of a case against them under Section 193 (punishment for false evidence) and 195 (giving false evidence) of the IPC.
Prakash and Krishna, during their deposition as prosecution witnesses, had unequivocally castigated four of their daughter's in-laws, including her husband Vijender, for causing death of 22-year-old Sonia.
However, they took an abrupt U-turn from their previous stand during their Cross-examination and refused to depose anything against the accused.
They denied to having any knowledge of atrocity on their daughter for bringing less dowry or reasons for her death and termed the incident as an "accident".
Page 10, Column 6
[PTI]
New Delhi: An elderly couple, which turned hostile in its daughter's dowry death case by taking a U-turn from their earlier statements as witnesses before a city court, has been ordered to be arrested for giving false evidence on oath.
"On oath, they deposed falsely despite warnings by this court and hence, in my considered view, offence punishable under different provisions of IPC is disclosed against both the witnesses," said Additional Sessions Judge Reena Singh Nag.
Taking strong exception to flip-flop by 58-year-old Om Prakash and 55-year-old Krishna, father and mother respectively of victim Sonia, who allegedly died after her in-laws set her ablaze over dowry demands, the court directed registration of a case against them under Section 193 (punishment for false evidence) and 195 (giving false evidence) of the IPC.
Prakash and Krishna, during their deposition as prosecution witnesses, had unequivocally castigated four of their daughter's in-laws, including her husband Vijender, for causing death of 22-year-old Sonia.
However, they took an abrupt U-turn from their previous stand during their Cross-examination and refused to depose anything against the accused.
They denied to having any knowledge of atrocity on their daughter for bringing less dowry or reasons for her death and termed the incident as an "accident".
Sunday, January 21, 2007
Statutory Commissions Toothless, Demand Power
Source : Hindustan Times, New Delhi, January 19, 2007
Nandini R Iyer
The state administration's response, or lack of it, in the Nithari case is just one of the many examples of the apathy of state governments and police departments to investigations or action sought by various statutory commissions. In Nithari, numerous reminders by the National Commission for Women went ignored.
Chairpersons of the National Commission for Women (NCW), the National Commission for Minorities (NCM) and the National Commission for Scheduled Castes (NCSC) have told Hindustan Times that in a majority of cases, the responses from the state machinery are apathetic, bordering on negligent.
Most of the commissions set up by the government to look into issues concerning the more vulnerable sections of society have no teeth. None of them have been given the kind of powers that were intended in the legislations under which they were set up.
"It is an acute problem. The replies – if they come at all – are not straightforward. On average we need to send at least two letters to any state or state police official to elicit any response. And very frequently we have to summon people because there is no response to our letters or phone calls," said NCW Chairperson Girija Vyas.
The commission is presently functioning with half its sanctioned staff of 52. A request for 58 additional posts is pending. The NCW could not take action in about 3,000 of the 13,000 complaints it received last year and responses from state governments and police are pending in at least 3,000 of the 10,000 which it did take up. This year it has already received 700 complaints. This means in the second week of January the NCW is looking at 6,700 cases to be dealt with by 24 personnel including members and the chairperson.
The National Commission for Scheduled Castes is not much better off. Members are so upset about the commission's lack of teeth that in the last meeting a unanimous resolution was passed to seek more powers, said Chairperson Fakir Bhai Vaghela. "The commission is not advisory. We should have the powers to enforce our directives," he said.
NCM Chairman Hamid Ansari points out that complaints in most cases are against some agency of the government and adds that such agencies inevitably make use of 'procedural devices' to stall.
"Members can meet people, hold public meetings and assess situations but to investigate factual situations, we need professionals," he said and added "you need teeth if you have to deliver".
Nandini R Iyer
The state administration's response, or lack of it, in the Nithari case is just one of the many examples of the apathy of state governments and police departments to investigations or action sought by various statutory commissions. In Nithari, numerous reminders by the National Commission for Women went ignored.
Chairpersons of the National Commission for Women (NCW), the National Commission for Minorities (NCM) and the National Commission for Scheduled Castes (NCSC) have told Hindustan Times that in a majority of cases, the responses from the state machinery are apathetic, bordering on negligent.
Most of the commissions set up by the government to look into issues concerning the more vulnerable sections of society have no teeth. None of them have been given the kind of powers that were intended in the legislations under which they were set up.
"It is an acute problem. The replies – if they come at all – are not straightforward. On average we need to send at least two letters to any state or state police official to elicit any response. And very frequently we have to summon people because there is no response to our letters or phone calls," said NCW Chairperson Girija Vyas.
The commission is presently functioning with half its sanctioned staff of 52. A request for 58 additional posts is pending. The NCW could not take action in about 3,000 of the 13,000 complaints it received last year and responses from state governments and police are pending in at least 3,000 of the 10,000 which it did take up. This year it has already received 700 complaints. This means in the second week of January the NCW is looking at 6,700 cases to be dealt with by 24 personnel including members and the chairperson.
The National Commission for Scheduled Castes is not much better off. Members are so upset about the commission's lack of teeth that in the last meeting a unanimous resolution was passed to seek more powers, said Chairperson Fakir Bhai Vaghela. "The commission is not advisory. We should have the powers to enforce our directives," he said.
NCM Chairman Hamid Ansari points out that complaints in most cases are against some agency of the government and adds that such agencies inevitably make use of 'procedural devices' to stall.
"Members can meet people, hold public meetings and assess situations but to investigate factual situations, we need professionals," he said and added "you need teeth if you have to deliver".
Saturday, January 20, 2007
False 498a complainants should be prosecuted and punished
The Judges have been successful in pushing a Bill that prevents/curtails any false and frivolous case against them.
Now, isn't the Indian Family too worthy of such a shield against misuse of law and false cases against them?. Especially when a false complaint from a law-misusing wife can put a whole family behind the bars and then lead to a protracted legal battle extending to 10 years or more(especially IPC 498a, wherein families including senior citizens, women, children, neighbours, friends, servants!, etc. are victimised by false complaints).
We should fight to make mandatory prosecution and punishment in-built into IPC 498a, with which the state will have to prosecute the complainants and punish them suitably, when a 498a case filed by them is found false and frivolous.
We should make the media aware first and then the judiciary(which has the power to revise laws) and then the law-makers/legislature.
************
Frivolous litigants should not be let off lightly: http://timesofindia.indiatimes.com/Frivolous_litigants_should_not_be_let_off_lightly/articleshow/1323780.cms
Manoj Mitta[ 20 Jan, 2007 0057hrs IST. TIMES NEWS NETWORK ]
If judges do unto other cases as they would do unto cases against themselves, it would go a long way in deterring busybodies from filing frivolous cases. In the last session of Parliament, the government introduced a Bill breaking new ground in dealing with frivolous cases. The pity is that it does not cover all varieties of frivolous cases but only those that call into question the integrity of a judge. Section 26 of the Judges (Inquiry) Bill 2006, for the first time, imposes a penalty of imprisonment for filing a frivolous complaint. In terms of deterrence, this goes far beyond the measure of monetary penalties contained in some of the existing laws such as the civil procedure code and consumer protection Act. Since the Bill was drafted by a former SC judge (Justice M Jagannadha Rao), in consultation with two successive CJIs (Justices R C Lahoti and Y K Sabharwal), it betrays an anxiety on part of the judges to discourage people from filing frivolous cases when it comes to the admittedly sensitive issue of judicial accountability. The Bill lays down that if a complaint against a judge is found to be frivolous, the complainant is liable to be punished with imprisonment extending to one year. Adding teeth to this substantive provision, the Bill says that such an offender shall be tried summarily.
The proposal to escalate sanctions against frivolous litigants is welcome provided it does not smack of according preferential treatment to cases involving the interests of judges themselves. n fact, the precedent being set in the Judges (Inquiry) Bill should soon be followed up by introducing similar penalties in laws concerning people at large. For, frivolous cases do not undermine just the independence of judiciary; they also clog courts and needlessly embarrass people or institutions targeted by them. Clearly, the issue of frivolous cases concerns everybody. For all the outrage expressed from time to time by the SC and HC, the existing approach of slapping monetary penalties has proved ineffective in deterring publicity seekers or meddlesome persons from filing frivolous cases. This is not to suggest that monetary penalties should be abandoned and that imprisonment should be the preferred sentence in all frivolous cases. Rather, courts should have the option of resorting to either or both forms of penalties, depending on the magnitude of the case concerned.
There is also a need for Parliament to enhance the upper limits of monetary penalties. For instance, the maximum penalty of Rs 3,000 that could be imposed under the Civil Procedure Code is too meagre to deter frivolous litigants. Courts on their part need to display a greater willingness to enforce punitive provisions against frivolous cases. They have a record of letting off frivolous litigants lightly. The activism shown in recent times against those who commit perjury (lie under oath) should be extended to frivolous litigants as well. Superior courts should also set an example by not initiating or even entertaining frivolous PILs. Take the PIL on which one of the sitting judges of the SC had in his earlier avatar as a high court judge ordered special privileges for judges in the matter of traffic control regulations! The task before the government is equally clear-cut. Besides piloting the necessary amendments to introduce imprisonment as a penalty and enhance the quantum of fine for frivolous litigation in all spheres, the government has to mend its ways as a litigant. One of the major reasons for this dubious distinction is the tendency of bureaucrats to play it safe and contest every issue or file appeal in every case.
As a result, a lot of government cases turn out to be frivolous because they are pursued all the way to the SC without any cost benefit analysis and regardless of whether any principle is at stake or not. The government would be well advised to adopt Justice Sabharwal's recent suggestion to put in place an in-house mechanism to weed out cases that are avoidable. As he said, "It would save government's money and courts a large number of frivolous cases." After all, the system should not be concerned only about cases that affect judges personally.
Now, isn't the Indian Family too worthy of such a shield against misuse of law and false cases against them?. Especially when a false complaint from a law-misusing wife can put a whole family behind the bars and then lead to a protracted legal battle extending to 10 years or more(especially IPC 498a, wherein families including senior citizens, women, children, neighbours, friends, servants!, etc. are victimised by false complaints).
We should fight to make mandatory prosecution and punishment in-built into IPC 498a, with which the state will have to prosecute the complainants and punish them suitably, when a 498a case filed by them is found false and frivolous.
We should make the media aware first and then the judiciary(which has the power to revise laws) and then the law-makers/legislature.
************
Frivolous litigants should not be let off lightly: http://timesofindia.indiatimes.com/Frivolous_litigants_should_not_be_let_off_lightly/articleshow/1323780.cms
Manoj Mitta[ 20 Jan, 2007 0057hrs IST. TIMES NEWS NETWORK ]
If judges do unto other cases as they would do unto cases against themselves, it would go a long way in deterring busybodies from filing frivolous cases. In the last session of Parliament, the government introduced a Bill breaking new ground in dealing with frivolous cases. The pity is that it does not cover all varieties of frivolous cases but only those that call into question the integrity of a judge. Section 26 of the Judges (Inquiry) Bill 2006, for the first time, imposes a penalty of imprisonment for filing a frivolous complaint. In terms of deterrence, this goes far beyond the measure of monetary penalties contained in some of the existing laws such as the civil procedure code and consumer protection Act. Since the Bill was drafted by a former SC judge (Justice M Jagannadha Rao), in consultation with two successive CJIs (Justices R C Lahoti and Y K Sabharwal), it betrays an anxiety on part of the judges to discourage people from filing frivolous cases when it comes to the admittedly sensitive issue of judicial accountability. The Bill lays down that if a complaint against a judge is found to be frivolous, the complainant is liable to be punished with imprisonment extending to one year. Adding teeth to this substantive provision, the Bill says that such an offender shall be tried summarily.
The proposal to escalate sanctions against frivolous litigants is welcome provided it does not smack of according preferential treatment to cases involving the interests of judges themselves. n fact, the precedent being set in the Judges (Inquiry) Bill should soon be followed up by introducing similar penalties in laws concerning people at large. For, frivolous cases do not undermine just the independence of judiciary; they also clog courts and needlessly embarrass people or institutions targeted by them. Clearly, the issue of frivolous cases concerns everybody. For all the outrage expressed from time to time by the SC and HC, the existing approach of slapping monetary penalties has proved ineffective in deterring publicity seekers or meddlesome persons from filing frivolous cases. This is not to suggest that monetary penalties should be abandoned and that imprisonment should be the preferred sentence in all frivolous cases. Rather, courts should have the option of resorting to either or both forms of penalties, depending on the magnitude of the case concerned.
There is also a need for Parliament to enhance the upper limits of monetary penalties. For instance, the maximum penalty of Rs 3,000 that could be imposed under the Civil Procedure Code is too meagre to deter frivolous litigants. Courts on their part need to display a greater willingness to enforce punitive provisions against frivolous cases. They have a record of letting off frivolous litigants lightly. The activism shown in recent times against those who commit perjury (lie under oath) should be extended to frivolous litigants as well. Superior courts should also set an example by not initiating or even entertaining frivolous PILs. Take the PIL on which one of the sitting judges of the SC had in his earlier avatar as a high court judge ordered special privileges for judges in the matter of traffic control regulations! The task before the government is equally clear-cut. Besides piloting the necessary amendments to introduce imprisonment as a penalty and enhance the quantum of fine for frivolous litigation in all spheres, the government has to mend its ways as a litigant. One of the major reasons for this dubious distinction is the tendency of bureaucrats to play it safe and contest every issue or file appeal in every case.
As a result, a lot of government cases turn out to be frivolous because they are pursued all the way to the SC without any cost benefit analysis and regardless of whether any principle is at stake or not. The government would be well advised to adopt Justice Sabharwal's recent suggestion to put in place an in-house mechanism to weed out cases that are avoidable. As he said, "It would save government's money and courts a large number of frivolous cases." After all, the system should not be concerned only about cases that affect judges personally.
Friday, January 19, 2007
Now, Battered Husbands Fight For Their Rights
Source : DNA India, Thursday, January 18, 2007 22:27 IST
Sanjay Singh
PATNA: The day's not far when law-makers will have to come up with legislation for the protection of married men from mental and physical abuse by their wives.
The idea does not seem far-fetched considering the many incidents of husbands complaining of torture by their wives. Around 50 such husbands assembled in the state capital a couple of days back to narrate their tales of woe.
It is learnt that 22 battered husbands met in November last year and formed an association named the 'Bhartiya Purush Parishad' to put up a joint fight against atrocities by women.
If Raghavendra Srivastava, the national president of the parishad, is to be believed, there are 750 members in the body. One- third of the members are from Bihar, said Malay Kumar, head of the Bihar unit.
Kumar, a professional engineer, has moved the court fordivorce after he got married against the wishes of his lawyer father. Kumar's six-month-old marriage soon turned sour and he claims it finally became so traumatic that it led to his father's demise. "My wife and her relatives started interfering in my family affairs. They humiliated me and my family members on any small pretext," said Kumar.
Raj Kumar Jaiswal(50), another victim, recounts similar hellish experiences. Jaiswal said his objection to his wife's illicit relationship with his brother caused major differences between him and his wife.
He claims he was not only beaten up by his wife on a regular basis, but was also framed in a number of false and fabricated cases which even landed him in jail for two years.
The story of Sunil Kumar, a businessman from Patna, goes along similar lines with claims of false charges of dowry and torture being levelled against him.
According to him, soon after their marriage in May 2006, his wife and her family members tried to dictate terms to him and tried to force him to leave his family. It was when he resisted, that they slapped false charges against him and his family, he claims.
According to Raghavendra Srivastava, lawmakers have only framed legislations for the protection of wives. But now the women are taking advantage of such legal protection to harass and blackmail their husbands. He strongly advocated constitution of a national commission for men on the pattern of the same for women.
Sanjay Singh
PATNA: The day's not far when law-makers will have to come up with legislation for the protection of married men from mental and physical abuse by their wives.
The idea does not seem far-fetched considering the many incidents of husbands complaining of torture by their wives. Around 50 such husbands assembled in the state capital a couple of days back to narrate their tales of woe.
It is learnt that 22 battered husbands met in November last year and formed an association named the 'Bhartiya Purush Parishad' to put up a joint fight against atrocities by women.
If Raghavendra Srivastava, the national president of the parishad, is to be believed, there are 750 members in the body. One- third of the members are from Bihar, said Malay Kumar, head of the Bihar unit.
Kumar, a professional engineer, has moved the court fordivorce after he got married against the wishes of his lawyer father. Kumar's six-month-old marriage soon turned sour and he claims it finally became so traumatic that it led to his father's demise. "My wife and her relatives started interfering in my family affairs. They humiliated me and my family members on any small pretext," said Kumar.
Raj Kumar Jaiswal(50), another victim, recounts similar hellish experiences. Jaiswal said his objection to his wife's illicit relationship with his brother caused major differences between him and his wife.
He claims he was not only beaten up by his wife on a regular basis, but was also framed in a number of false and fabricated cases which even landed him in jail for two years.
The story of Sunil Kumar, a businessman from Patna, goes along similar lines with claims of false charges of dowry and torture being levelled against him.
According to him, soon after their marriage in May 2006, his wife and her family members tried to dictate terms to him and tried to force him to leave his family. It was when he resisted, that they slapped false charges against him and his family, he claims.
According to Raghavendra Srivastava, lawmakers have only framed legislations for the protection of wives. But now the women are taking advantage of such legal protection to harass and blackmail their husbands. He strongly advocated constitution of a national commission for men on the pattern of the same for women.
Monday, January 15, 2007
Stepping In on Our Behalf
Source : Hindustan Times January 14, 2007
Between Us | Pankaj Vohra
The Supreme Court has made it abundantly clear that no law was sacrosanct, which violated the fundamental rights or the structure of the Constitution.
The Supreme Court has clarified that it has the powers to review any kind of legislation, whether in the Ninth Schedule or otherwise. In fact, through series of judgments, some bordering on judicial statesmanship as recalled by a top legal luminary, the apex court has restated its powers, despite a perception that the judiciary was trying to poach on the territory of the legislature and that of the executive.
For instance, there is nothing new in the historic judgment made by the nine-member bench on the Ninth Schedule legislations. The latest judgment has sharper clarity and aims to drive home the point that the Ninth Schedule of the Constitution should be treated as a bank locker where legislations are kept. However, as and when occasion demands, the Supreme Court has the right to get into this locker and examine the legislations and test them on the touchstone of its earlier judgments, like the Kesavanand Bharti case.
This was a message to the legislatures that they should adopt laws within the framework of the Constitution and infringe upon neither the fundamental rights nor the basic structure of the country's ultimate law book. Many of the laws had been enacted and parked in the Ninth Schedule by the legislature which knew fully well that the laws would not have withstood the scrutiny of judicial review. The apex court has reminded the legislature and executive their constitutional responsibilities.
The developments come in the wake of a widely held belief that if any legislation stems from an abuse of powers, then the judiciary or the media can intervene to make things right. It is very obvious that the Supreme Court judgments have not had any negative reaction. It is, in many ways, a tribute to the judiciary that even while appearing to be proactive, it has maintained balance in its approach.
If the balance has been lacking anywhere, it is within our political class. Politicians have failed to comprehend the significance of the Constitution in their practice of competitive politics. In fact, it is paramount for politicians as well as political journalists to fully understand the implications, for the ordinary citizen, of any legislation.
Vote-bank politics directs legislation. This is true of reservations in jobs and quotas. If an idea is brought up, no politician or his party offers a forthright comment, if the issue involves castes. In the case of religion, only parties like the BJP and Shiv Sena express their opinions, also with an eye on votes. But court intervention gives politicians an escape route by painting the judiciary as the villain. But the fact remains that in many such instances, it is the judiciary which is the saviour. This holds good this time round too.
Anyone following the historic judgments of the apex court, whether in the Golaknath case, the RC Cooper case, the Kesavanand Bharti case, the Waman Rao case and the Majestic Mills case, among others, will appreciate that the court has been consistent in its views. Even though the Golaknath case was seemingly overturned through a 7:6 judgment by the 13-member Supreme Court bench, the definition of the basic structure of the Constitution was kept vague. The vagueness is only matched by the vagueness the Indian Parliament has maintained while not clearly defining the privileges of MPs.
More and more people are entering public life without being fully armed to handle competitive politics. For instance, there are MPs and MLAs who are unaware of the history and ideology of their respective parties. They are equally at sea regarding rules and procedures of Parliament or legislature and thus their interest is limited.
This lack often allows the executive to have free play since it is the bureaucracy which largely calls the shots while parroting, "Yes, Minister". An alert legislature can always keep the executive on its toes. But what finally ends up happening is that laws go through Parliament and legislatures without much challenge. Thus, the onus of protecting the interests of the people falls on the judiciary and the media. But the media too have shown ignorance and failed to acquaint themselves with laws and procedures.
Even basic things like the difference between framing of charges and filing a chargesheet is not known to most. Young journalists report on Parliament proceedings without ever having gone to the Parliament Street police station.
The main thing is that there are no short-cuts to the learning experience if we all have to understand and analyse situations that are consequences of a given law enactment. There are even laws which have been enacted but have not been notified by the government. The Delhi Rent Act is one such. The judiciary is, therefore, often left with no option but to intervene when the remaining State organs fail to meet expectations.
In coalition politics, especially after 1989, successive governments have failed to act in a decisive manner on many an occasion. The present government, too, has stayed many decisions for reasons best known to those at the helm of affairs. The appointment of governors is one such decision. Finally, it will serve nobody’s interest if the judiciary is put in the firing line. It is the inability of others to deliver fairly which has made the judiciary's position one of envy.
The Supreme Court has done the right thing and needs to be complimented for saving the system from collapsing. Between us.
Email Pankaj Vohra: pankajvohra@hindustantimes.com
Between Us | Pankaj Vohra
The Supreme Court has made it abundantly clear that no law was sacrosanct, which violated the fundamental rights or the structure of the Constitution.
The Supreme Court has clarified that it has the powers to review any kind of legislation, whether in the Ninth Schedule or otherwise. In fact, through series of judgments, some bordering on judicial statesmanship as recalled by a top legal luminary, the apex court has restated its powers, despite a perception that the judiciary was trying to poach on the territory of the legislature and that of the executive.
For instance, there is nothing new in the historic judgment made by the nine-member bench on the Ninth Schedule legislations. The latest judgment has sharper clarity and aims to drive home the point that the Ninth Schedule of the Constitution should be treated as a bank locker where legislations are kept. However, as and when occasion demands, the Supreme Court has the right to get into this locker and examine the legislations and test them on the touchstone of its earlier judgments, like the Kesavanand Bharti case.
This was a message to the legislatures that they should adopt laws within the framework of the Constitution and infringe upon neither the fundamental rights nor the basic structure of the country's ultimate law book. Many of the laws had been enacted and parked in the Ninth Schedule by the legislature which knew fully well that the laws would not have withstood the scrutiny of judicial review. The apex court has reminded the legislature and executive their constitutional responsibilities.
The developments come in the wake of a widely held belief that if any legislation stems from an abuse of powers, then the judiciary or the media can intervene to make things right. It is very obvious that the Supreme Court judgments have not had any negative reaction. It is, in many ways, a tribute to the judiciary that even while appearing to be proactive, it has maintained balance in its approach.
If the balance has been lacking anywhere, it is within our political class. Politicians have failed to comprehend the significance of the Constitution in their practice of competitive politics. In fact, it is paramount for politicians as well as political journalists to fully understand the implications, for the ordinary citizen, of any legislation.
Vote-bank politics directs legislation. This is true of reservations in jobs and quotas. If an idea is brought up, no politician or his party offers a forthright comment, if the issue involves castes. In the case of religion, only parties like the BJP and Shiv Sena express their opinions, also with an eye on votes. But court intervention gives politicians an escape route by painting the judiciary as the villain. But the fact remains that in many such instances, it is the judiciary which is the saviour. This holds good this time round too.
Anyone following the historic judgments of the apex court, whether in the Golaknath case, the RC Cooper case, the Kesavanand Bharti case, the Waman Rao case and the Majestic Mills case, among others, will appreciate that the court has been consistent in its views. Even though the Golaknath case was seemingly overturned through a 7:6 judgment by the 13-member Supreme Court bench, the definition of the basic structure of the Constitution was kept vague. The vagueness is only matched by the vagueness the Indian Parliament has maintained while not clearly defining the privileges of MPs.
More and more people are entering public life without being fully armed to handle competitive politics. For instance, there are MPs and MLAs who are unaware of the history and ideology of their respective parties. They are equally at sea regarding rules and procedures of Parliament or legislature and thus their interest is limited.
This lack often allows the executive to have free play since it is the bureaucracy which largely calls the shots while parroting, "Yes, Minister". An alert legislature can always keep the executive on its toes. But what finally ends up happening is that laws go through Parliament and legislatures without much challenge. Thus, the onus of protecting the interests of the people falls on the judiciary and the media. But the media too have shown ignorance and failed to acquaint themselves with laws and procedures.
Even basic things like the difference between framing of charges and filing a chargesheet is not known to most. Young journalists report on Parliament proceedings without ever having gone to the Parliament Street police station.
The main thing is that there are no short-cuts to the learning experience if we all have to understand and analyse situations that are consequences of a given law enactment. There are even laws which have been enacted but have not been notified by the government. The Delhi Rent Act is one such. The judiciary is, therefore, often left with no option but to intervene when the remaining State organs fail to meet expectations.
In coalition politics, especially after 1989, successive governments have failed to act in a decisive manner on many an occasion. The present government, too, has stayed many decisions for reasons best known to those at the helm of affairs. The appointment of governors is one such decision. Finally, it will serve nobody’s interest if the judiciary is put in the firing line. It is the inability of others to deliver fairly which has made the judiciary's position one of envy.
The Supreme Court has done the right thing and needs to be complimented for saving the system from collapsing. Between us.
Email Pankaj Vohra: pankajvohra@hindustantimes.com
Sunday, January 14, 2007
NRIs Cry Foul Over IPC 498A, Dowry Law
Source : The Times of India [ 14 Jan, 2007 1506hrs IST PTI ]
NEW DELHI: Many NRIs are crying foul over the alleged misuse of anti-dowry law with social activists claiming that Indian men and NRIs are becoming soft targets of IPC 498A. Once a case is registered under 498A, the police gets into action and books the groom and his family and they are immediately taken into custody. And if the groom is an NRI, a Red Corner Notice is issued against him and his passport impounded. It is a cognizable offence and a non-bailable offence, one has to get the bail from the court, if, booked under 498A.
In order to protect the rights of the male bastion, groups like 498a.org, Rakshak and Save the Indian Family are not only taking the issue to Parliament but have also presented memorandums to the Prime Minister and President.
"IPC Section 498A can potentially ruin a man and his family both mentally and financially," said Dr Anupama Singh, convenor, 498a.org. Singh's family has been dragged to the court and falsely booked under IPC 498A.
"The Indian judiciary and police are so crippled by this law that no sooner does a woman lodge a complaint that the man and his family are booked," she alleged.
"Around 58,000 dowry cases were registered last year, out of which 25,000 were proved to be false," Singh claimed.
So much so, the NRIs claim that most Indian girls dream of a lavish stay abroad, but when the party ends, they come back to India and lodge complaints.
"My wife thought that we would always keep on travelling to wonderful places, but I have a job to do and I am not a money minting machine. As soon as she knew that, she left me and after reaching India booked me and my family under domestic violence act and dowry laws," Naveen from Florida said.
However, the Commission doesn't agree that there is no inside story about it. "There is no smoke without fire," the official said.
"If NRI men are facing the threat of losing their jobs and social status, then they should consider not marrying in India. We have third generation NRIs, so what's the point coming to this land. If you marry in India, then you have to abide by the laws of the land," she insists.
And as far as revision of the law is concerned, NCW maintains that this is the sole way to ensure women empowerment and this is the only way to instigate the police and judiciary to get working.
"The idea should be to see how the police system works, the concerned official out there should not lodge an FIR and arrest the groom and his side before investigating. These kind of shortcuts are mainly tainting the image of the prevailing law," NCW spokeswoman added.
The Commission also agreed that not all should be booked under this law. "The way uncles, aunts are also humiliated is not fair, we agree that they should not be booked until a full-proof investigation is carried out. Instead of amending the law we should try to improve our police system and investigating procedure," she said.
With Pravasi Bhartiya Divas being held in the city and the government wooing the NRIs to invest in India, this matter needs to be settled, so that NRIs don't scrap all ties with their roots.
NEW DELHI: Many NRIs are crying foul over the alleged misuse of anti-dowry law with social activists claiming that Indian men and NRIs are becoming soft targets of IPC 498A. Once a case is registered under 498A, the police gets into action and books the groom and his family and they are immediately taken into custody. And if the groom is an NRI, a Red Corner Notice is issued against him and his passport impounded. It is a cognizable offence and a non-bailable offence, one has to get the bail from the court, if, booked under 498A.
In order to protect the rights of the male bastion, groups like 498a.org, Rakshak and Save the Indian Family are not only taking the issue to Parliament but have also presented memorandums to the Prime Minister and President.
"IPC Section 498A can potentially ruin a man and his family both mentally and financially," said Dr Anupama Singh, convenor, 498a.org. Singh's family has been dragged to the court and falsely booked under IPC 498A.
"The Indian judiciary and police are so crippled by this law that no sooner does a woman lodge a complaint that the man and his family are booked," she alleged.
"Around 58,000 dowry cases were registered last year, out of which 25,000 were proved to be false," Singh claimed.
So much so, the NRIs claim that most Indian girls dream of a lavish stay abroad, but when the party ends, they come back to India and lodge complaints.
"My wife thought that we would always keep on travelling to wonderful places, but I have a job to do and I am not a money minting machine. As soon as she knew that, she left me and after reaching India booked me and my family under domestic violence act and dowry laws," Naveen from Florida said.
However, the Commission doesn't agree that there is no inside story about it. "There is no smoke without fire," the official said.
"If NRI men are facing the threat of losing their jobs and social status, then they should consider not marrying in India. We have third generation NRIs, so what's the point coming to this land. If you marry in India, then you have to abide by the laws of the land," she insists.
And as far as revision of the law is concerned, NCW maintains that this is the sole way to ensure women empowerment and this is the only way to instigate the police and judiciary to get working.
"The idea should be to see how the police system works, the concerned official out there should not lodge an FIR and arrest the groom and his side before investigating. These kind of shortcuts are mainly tainting the image of the prevailing law," NCW spokeswoman added.
The Commission also agreed that not all should be booked under this law. "The way uncles, aunts are also humiliated is not fair, we agree that they should not be booked until a full-proof investigation is carried out. Instead of amending the law we should try to improve our police system and investigating procedure," she said.
With Pravasi Bhartiya Divas being held in the city and the government wooing the NRIs to invest in India, this matter needs to be settled, so that NRIs don't scrap all ties with their roots.
Anti-Dowry Law Often Misused: Delhi HC CJ
Source : ZEENEWS.com Sunday, January 14, 2007
New Delhi, Jan 13: The anti-dowry law is more often being misused than used and caution should be exercised by the judiciary in dealing with such cases, Delhi High Court Chief Justice Vikramajit Sen said Saturday.
"Don't allow it to happen as the misuse of Section 498(A) of the Act (which allows criminal proceedings against husbands and their relatives) often nullifies the genuineness of the cases. This is a note of caution," he said at a seminar here.
Expressing concern over some lawyers advising their clients to add more offences under the Act to their complaints which are actually civil in nature, Jain said, "Section 498(A) is more often misused than used. Because of this vast misuse, it (cases) needs circumspection."
He also expressed hope that the newly-enacted Domestic Violence Act would provide immediate relief to the aggrieved women.
Highlighting the provisions of the Domestic Violence Act, Sen said, "What was found was that what they really needed was civil protection and this has been the most important feature of the step."
"What it seeks to be a view is civil protection -- be it a wife or an ordinary women in the family. It protects your residence," he said.
Bureau Report
New Delhi, Jan 13: The anti-dowry law is more often being misused than used and caution should be exercised by the judiciary in dealing with such cases, Delhi High Court Chief Justice Vikramajit Sen said Saturday.
"Don't allow it to happen as the misuse of Section 498(A) of the Act (which allows criminal proceedings against husbands and their relatives) often nullifies the genuineness of the cases. This is a note of caution," he said at a seminar here.
Expressing concern over some lawyers advising their clients to add more offences under the Act to their complaints which are actually civil in nature, Jain said, "Section 498(A) is more often misused than used. Because of this vast misuse, it (cases) needs circumspection."
He also expressed hope that the newly-enacted Domestic Violence Act would provide immediate relief to the aggrieved women.
Highlighting the provisions of the Domestic Violence Act, Sen said, "What was found was that what they really needed was civil protection and this has been the most important feature of the step."
"What it seeks to be a view is civil protection -- be it a wife or an ordinary women in the family. It protects your residence," he said.
Bureau Report
Now, An All Male Fightclub
Source : The Hindustan Times Mumbai, January 13, 2007
Sunita Aron
Battered husbands are gearing up for an e-battle, their grouse being the "gender-biased" section 498A of the Indian Penal Code (IPC) — the dowry law.
Web surfers should not be surprised if they stumble on to blogs like Indiatalking, genderindian, chaoticlaw, menempowerment, marriageinmind, harassedhusband, don'tkillus, politicalgender, batteredmale and indianbakrablogspots. The screaming headline, We are dowry law victims posted on victims-of-law.blogspot.com is full of heart-rending tales of hundreds of battered husbands facing unending legal battles along with their aged parents.
According to Mumbai-based PR Gokul, there are 70 active blogs and five major websites dealing with men who have got the wrong end of the stick from their wives. Dubai-based Rudolph D'Souza puts the figure of blogs at 200.
Already, demands for setting up men empowerment organisations (currently, there is not a single one, whereas there are 100 women's organisations in the country) are getting louder as the closely-knit group of battered men move on from e-mail exchanges to sharing monthly meetings and trips to Shirdi for spiritual solace.
Mumbai's Jinesh Javeri says, "I am positive about life even after a bitter experience. Blogging is like my diary to the world. It has proven to be a good anti-depressant for me."
Javeri says that of a total of 58,319 dowry cases registered in the country in 2004, as many as 10,491 (18 per cent) could not even be charge-sheeted as the grounds were frivolous. Of the 47,828 (82 per cent) charge-sheeted, only 5,739 (9.8 per cent) were convicted. In other words, 24,127 (41 per cent) were acquitted as they were innocent, needlessly harassed due to faulty investigation, false complaints and bad prosecution. The Centre for Social Research has indicated that 98 per cent of cases filed under IPC section 498A are false.
Rudolph D'Souza, who has been honoured by the men's largest online international organisation honornetwork.com, for his dedicated service to fellow victims, says that he has been exchanging at least 200 mails every day for the past one year. He also claims that he has been spending eight hours daily for the last seven years to listen and guide others.
His hunt for justice started after his arrest (he was falsely implicated) in 2000. In his endeavour to know more about 498A, he searched sites and later hosted all information that he had collected on free sites.
Now he has a yahoo group called 'misusedowry act'. "I spent almost Rs 7 lakhs, lost two jobs, but will not give up," he says. "I have had to come back to India nine times to attend court hearings."
PR Gokul launched his first site in July 2003, a couple of months after he was falsely accused in a dowry and harassment case. Gokul, who is now director of Protect Indian Family, an NGO that was registered in March last year, says, "Usually when a man tries to talk about his harassment, no one listens; many laugh at him. Few men expressed themselves when the movement started in 2000."
Active members of the misusedowryact yahoo group formed NGOs like Sangabhalya and Asha Kiran in Bangalore in 2003, which together formed the Save India Family group in 2005. Around the same time, victims from the US started another website, 498Aorganisation.
The online male lobbyists now feel that they are being heard much better in the media, by the judiciary and in circles of authority and society.
Their future plans include media/public campaigns, judicial campaigns and political campaigns to bring about changes in the gender-biased laws so that it protects the victims and curtails misuse of it.
Email Sunita Aron: saron@hindustantimes.com
Saturday, January 13, 2007
Dowry Act-scared Parents Disown Sons
Source : The Tribune Online Edition [Sunday, February 1, 2004, Chandigarh, India]
Raman Mohan
Tribune News Service
Rohtak: The fear of dowry cases is driving parents to disown their sons before their marriage as a precautionary measure should marital bliss turn into nightmare.
A large number of public notices published in newspapers testify to the fears of the misuse of the Prohibition of Dowry Act. The local Tribune office books 10 or 15 such public notices every month. Inquiries from other nearby towns and local dailies show a similar trend. Advertising agencies estimate that about 3500 such public notices appear annually in various newspapers all over Haryana.
Dilawar Singh of Kiloi village, near here, issued a public notice last week disowning his son, Rajinder Singh, who is due to marry a girl from a family in Putthu village on the Delhi-Haryana border next month. He said the notice was a mere formality. "Should trouble arise, all my family members, except the son, would be safe. Otherwise, the bahu could name the entire family in her complaint", he added.
Another father with similar fears is Gaje Singh, a resident of Chikenwas village in Hisar.
He said he had gone a step further by getting the name of his son struck off the ration card. "This will strengthen my case. I will raise a temporary wall in the compound and allot a room to the newly weds till they have settled down to my satisfaction.
Otherwise, my son will remain a member of the household for all practical purposes", he said.
Inquiries from a cross section of the rural society show that the Dowry Act is generally viewed as a draconian law, which is being misused. Parents say the law itself is now the cause of trouble in family.
Newly wed daughters-in-law, they say, are taking shelter behind the law to have their way. Boys' parents are, therefore, keen to safeguard their interests.
Kailasho of Gugheri village, near here, who has two sons, said she was lucky that neither of her two daughters-in-law had given her any trouble. "My neighbour's newly wed daughter-in-law is, however, different. A few days ago, her mother-in-law objected to her going around the village without covering her head. The daughter-in-law told her to mind her own business.
When the mother-in-law raised the issue in the presence of family elders, the daughter-in-law threatened to lodge a complaint with the police on the pretext of harassment for dowry. That silenced the entire family. Nobody dares question the daughter-in-law now", she added.
Lawyers, however, say disowning a son before marriage does not by itself provide parents immunity from the law. Mr P.K. Sandhir, a Hisar-based lawyer, said, "Disowning without sufficient grounds does not carry any legal sanctity. The parents must be able to prove that the son had been wayward for long. Besides, circumstantial evidence in a dowry case must establish the non-involvement of parents if they are to prove their innocence". He was of the view that such notices perse served no purpose.
Mr Bharat Bhushan Batra, a local advocate, agreed with Mr Sandhir, but added that such a notice could be relevant in certain cases. "A public notice is meant for everybody. If a notice has been published before marriage, the girl's family is expected to be aware of the fact that the boy stands disowned. This can strengthen the parents' plea of innocence should such an eventuality arise. However, circumstantial evidence will still hold the key," he said.
The number of dowry cases registered in Haryana reflect the fears in the mind of parents. According to Mr A. S. Ahlawat, SP, Hisar, an average of six cases are registered every month in the district.
Between October and December last year, 18 cases were registered. Mr Ahlawat agreed that the law was being misused. "There are instances where a case is registered 10 years after marriage. Obviously, dowry is not the root cause. But the police has to take cognizance and probe all allegations", he added.
Raman Mohan
Tribune News Service
Rohtak: The fear of dowry cases is driving parents to disown their sons before their marriage as a precautionary measure should marital bliss turn into nightmare.
A large number of public notices published in newspapers testify to the fears of the misuse of the Prohibition of Dowry Act. The local Tribune office books 10 or 15 such public notices every month. Inquiries from other nearby towns and local dailies show a similar trend. Advertising agencies estimate that about 3500 such public notices appear annually in various newspapers all over Haryana.
Dilawar Singh of Kiloi village, near here, issued a public notice last week disowning his son, Rajinder Singh, who is due to marry a girl from a family in Putthu village on the Delhi-Haryana border next month. He said the notice was a mere formality. "Should trouble arise, all my family members, except the son, would be safe. Otherwise, the bahu could name the entire family in her complaint", he added.
Another father with similar fears is Gaje Singh, a resident of Chikenwas village in Hisar.
He said he had gone a step further by getting the name of his son struck off the ration card. "This will strengthen my case. I will raise a temporary wall in the compound and allot a room to the newly weds till they have settled down to my satisfaction.
Otherwise, my son will remain a member of the household for all practical purposes", he said.
Inquiries from a cross section of the rural society show that the Dowry Act is generally viewed as a draconian law, which is being misused. Parents say the law itself is now the cause of trouble in family.
Newly wed daughters-in-law, they say, are taking shelter behind the law to have their way. Boys' parents are, therefore, keen to safeguard their interests.
Kailasho of Gugheri village, near here, who has two sons, said she was lucky that neither of her two daughters-in-law had given her any trouble. "My neighbour's newly wed daughter-in-law is, however, different. A few days ago, her mother-in-law objected to her going around the village without covering her head. The daughter-in-law told her to mind her own business.
When the mother-in-law raised the issue in the presence of family elders, the daughter-in-law threatened to lodge a complaint with the police on the pretext of harassment for dowry. That silenced the entire family. Nobody dares question the daughter-in-law now", she added.
Lawyers, however, say disowning a son before marriage does not by itself provide parents immunity from the law. Mr P.K. Sandhir, a Hisar-based lawyer, said, "Disowning without sufficient grounds does not carry any legal sanctity. The parents must be able to prove that the son had been wayward for long. Besides, circumstantial evidence in a dowry case must establish the non-involvement of parents if they are to prove their innocence". He was of the view that such notices perse served no purpose.
Mr Bharat Bhushan Batra, a local advocate, agreed with Mr Sandhir, but added that such a notice could be relevant in certain cases. "A public notice is meant for everybody. If a notice has been published before marriage, the girl's family is expected to be aware of the fact that the boy stands disowned. This can strengthen the parents' plea of innocence should such an eventuality arise. However, circumstantial evidence will still hold the key," he said.
The number of dowry cases registered in Haryana reflect the fears in the mind of parents. According to Mr A. S. Ahlawat, SP, Hisar, an average of six cases are registered every month in the district.
Between October and December last year, 18 cases were registered. Mr Ahlawat agreed that the law was being misused. "There are instances where a case is registered 10 years after marriage. Obviously, dowry is not the root cause. But the police has to take cognizance and probe all allegations", he added.
Girl Foils Step Mom�s Plot To Murder Dad
Source : Mumbai Mirror Saturday, Jan 13, 2007
BLOOD MATTERS
Girl foils stepmom’s plot to murder dad
Yogesh Sadhwani
In a bizarre case in Thane, an estranged daughter rushed to rescue her father from a bid on his life by his second wife and her lover.
On being alerted by his daughter Mamta, 20, Manoj Mishra, 38, filed a complaint at Vartak Nagar police station in Thane on Friday stating that his wife Khushboo, 26, and her paramour Imran, 20, have given supari to a certain Ranjit to get him killed. The police have registered a case and are now on a look out for the three absconding accused.
Manoj runs a photo studio in Thane. He met Khusboo nine years ago while doing a photo shoot. Though he was already married,Manoj fell for Khusboo and got married. For nine years, everything was going smoothly. "We were happily married. Ten months back, we even started a studio and both of us used to work togather.
Two months back, I found that Khusboo was having an affair with Imran, one of our employees," said Manoj. He immediately sacked Imran.
"Khusboo, however, disliked the fact that Imran had been sacked. She picked up fights with me on many occassions to get him back. I stood my ground and told her that I knew about her affair."
On Thursday, Manoj was shocked when Mamta, his daughter from his earlier marriage, told him that Khusboo and Imran had hired a contract killer to finish him off. Mamta had recorded a conversation she had with Khusboo.
In the taped conversation, Khushboo told Mamta, "I want him to die. We have given Rs 55,000 to Ranjit. But still, work is not getting done. I can’t stay with him any longer."
"Khusboo contacted Mamta thinking that she would help her. But despite the fact I had not seen my daughter for years, she decided to save my life," said Manoj.
Manoj then lodged a complaint at Vartak Nagar police station.
"We have lodged a complaint of criminal conspiracy and will arrest all those involved soon," said a senior police officer from Vartak Nagar police station.
BLOOD MATTERS
Girl foils stepmom’s plot to murder dad
Yogesh Sadhwani
In a bizarre case in Thane, an estranged daughter rushed to rescue her father from a bid on his life by his second wife and her lover.
On being alerted by his daughter Mamta, 20, Manoj Mishra, 38, filed a complaint at Vartak Nagar police station in Thane on Friday stating that his wife Khushboo, 26, and her paramour Imran, 20, have given supari to a certain Ranjit to get him killed. The police have registered a case and are now on a look out for the three absconding accused.
Manoj runs a photo studio in Thane. He met Khusboo nine years ago while doing a photo shoot. Though he was already married,Manoj fell for Khusboo and got married. For nine years, everything was going smoothly. "We were happily married. Ten months back, we even started a studio and both of us used to work togather.
Two months back, I found that Khusboo was having an affair with Imran, one of our employees," said Manoj. He immediately sacked Imran.
"Khusboo, however, disliked the fact that Imran had been sacked. She picked up fights with me on many occassions to get him back. I stood my ground and told her that I knew about her affair."
On Thursday, Manoj was shocked when Mamta, his daughter from his earlier marriage, told him that Khusboo and Imran had hired a contract killer to finish him off. Mamta had recorded a conversation she had with Khusboo.
In the taped conversation, Khushboo told Mamta, "I want him to die. We have given Rs 55,000 to Ranjit. But still, work is not getting done. I can’t stay with him any longer."
"Khusboo contacted Mamta thinking that she would help her. But despite the fact I had not seen my daughter for years, she decided to save my life," said Manoj.
Manoj then lodged a complaint at Vartak Nagar police station.
"We have lodged a complaint of criminal conspiracy and will arrest all those involved soon," said a senior police officer from Vartak Nagar police station.
Friday, January 12, 2007
Young Kolkata Believes in the Institution of Family
Source : The Times of India 2 Jan, 2007 2313hrs IST TIMES NEWS NETWORK
Some Khushi For Gum Brigade
RIDDHIMA SEAL
Even as a CT poll shows Young Kolkata giving its thumbs up to livein relationships and stressing on the importance of family. Charitable? Or confused?
Some Khushi for ‘Gum’ brigade. And do we take credit for this? Simply swipe your plastic for answers. For better or for worse, Young Kolkata is married to its credit cards. We do everything with them, and it doesn’t take unanticipated medical bills or a job loss to entice us to abuse credit.
Our list of charges may include picking up that slinky dress for the New Year’s Eve party, getting our teeth cleaned, or paying for a round of drinks during happy hour at our favourite rendezvous spot.
Having credit, the ability to get something now and pay for it later, is a good thing. If we had to fork over all the money at once to buy a house or car, we might be living in tents and riding bicycles. Yes, credit is a wonderful thing, but as with a box of Godiva chocolates, you can overdo it. But are we raising a Generation Debt? More importantly, what do men and women want in Year 2007?
In a survey conducted among 200 between the ages 21-30, it has been revealed that even as money figures high on the list of priorities, what was interesting was the reaffirmation of Young Kolkata’s beliefs in the institution of the family. The percentage has significantly gone up by a good 15 per cent for both sexes from what it was last year. The desire stems from the fact that they have seen too many broken families of late. “Staying in a joint family does not essentially mean interference. Just as money power does not mean we should forget the basis of our existence,” says 25-yearold banker Tathagata Roy.
The demand for a more open society also figured high what with a new-found openness with the acceptance of live-in relationships. Statistics revel a growth of 10 per cent for men and 15 per cent of women preferring live-in to a walk down the aisle. Says Ritu Sehgal, a management trainee at a MNC, “Live-in relations have moved out of its days when it was viewed as an easy way to have sex. It is hasslefree and gives individuals much more space and time to evaluate the quality of a relationship.” While comfortable living continues to dominate well into the next year and Young Kolkata prefers to hang out in swank malls and watching movies in multiplexes, there is certainly a shift in the kind of movies they would like to watch. The demand for originality in terms of both movies and music is stratospheric.
“We are tired of watching poor reproductions, remakes and the like. This year, we should certainly have more originality. Whether it is in terms of mushy romances or thrillers. And certainly, no more of Himesh Reshammiya,” bemoans 25-year-old IT professional Aditya Roy. Analysing the results of the survey, sociologist Prasanta Roy says, “This go-getter generation certainly knows where they are headed. While they are liberal, it is a very good sign that the institution of family stands reinforced. If this indeed turns out to be the trend for the new year, it will certainly help the pillars of society from crumbling.”
Some Khushi For Gum Brigade
RIDDHIMA SEAL
Even as a CT poll shows Young Kolkata giving its thumbs up to livein relationships and stressing on the importance of family. Charitable? Or confused?
Some Khushi for ‘Gum’ brigade. And do we take credit for this? Simply swipe your plastic for answers. For better or for worse, Young Kolkata is married to its credit cards. We do everything with them, and it doesn’t take unanticipated medical bills or a job loss to entice us to abuse credit.
Our list of charges may include picking up that slinky dress for the New Year’s Eve party, getting our teeth cleaned, or paying for a round of drinks during happy hour at our favourite rendezvous spot.
Having credit, the ability to get something now and pay for it later, is a good thing. If we had to fork over all the money at once to buy a house or car, we might be living in tents and riding bicycles. Yes, credit is a wonderful thing, but as with a box of Godiva chocolates, you can overdo it. But are we raising a Generation Debt? More importantly, what do men and women want in Year 2007?
In a survey conducted among 200 between the ages 21-30, it has been revealed that even as money figures high on the list of priorities, what was interesting was the reaffirmation of Young Kolkata’s beliefs in the institution of the family. The percentage has significantly gone up by a good 15 per cent for both sexes from what it was last year. The desire stems from the fact that they have seen too many broken families of late. “Staying in a joint family does not essentially mean interference. Just as money power does not mean we should forget the basis of our existence,” says 25-yearold banker Tathagata Roy.
The demand for a more open society also figured high what with a new-found openness with the acceptance of live-in relationships. Statistics revel a growth of 10 per cent for men and 15 per cent of women preferring live-in to a walk down the aisle. Says Ritu Sehgal, a management trainee at a MNC, “Live-in relations have moved out of its days when it was viewed as an easy way to have sex. It is hasslefree and gives individuals much more space and time to evaluate the quality of a relationship.” While comfortable living continues to dominate well into the next year and Young Kolkata prefers to hang out in swank malls and watching movies in multiplexes, there is certainly a shift in the kind of movies they would like to watch. The demand for originality in terms of both movies and music is stratospheric.
“We are tired of watching poor reproductions, remakes and the like. This year, we should certainly have more originality. Whether it is in terms of mushy romances or thrillers. And certainly, no more of Himesh Reshammiya,” bemoans 25-year-old IT professional Aditya Roy. Analysing the results of the survey, sociologist Prasanta Roy says, “This go-getter generation certainly knows where they are headed. While they are liberal, it is a very good sign that the institution of family stands reinforced. If this indeed turns out to be the trend for the new year, it will certainly help the pillars of society from crumbling.”
Delhi schools ban male teachers
http://www.ibnlive.com/news/delhi-schools-to-stop-men-teaching-young-girls/top/31022-3.html
New Delhi: Male teachers are being prevented from
teaching girls in primary schools across New Delhi
after a handful of complaints of sexual molestation,
MCD officials said on Friday.
"It's a matter of taking precautions," the Director of
Education at the Municipal Corporation of Delhi (MCD),
Indira Yadav, told Reuters.
"I can't say we mistrust all male teachers. But we
have had three or four complaints in the last two
years and it's matter of minimising that."
Within the next three months, male teachers will be
replaced - wherever possible - with female teachers in
Delhi's 1,200 MCD-run co-education and all-girl
primary schools, which teach children up to the age of
11.
While the Capital has a reputation for being the
country's most dangerous city for women and girls,
critics say the move to segregate teaching staff is
extreme and unnecessary.
"This is nothing but a slur on the male faculty," a
local teachers association secretary was quoted as
saying by Reuters.
"Instead of teaching the students what is right and
what is not, the department is giving a wrong message
that male teachers are responsible for all sexual
harassment," he said.
The Teachers Welfare Organisation told the Statesman
newspaper it would protest against the move as it
would result in male teachers losing jobs and girl
students being needlessly mollycoddled.
Education director Yadav admits the move will not
entirely eliminate the risk of children being sexually
assaulted.
"Of course these days it is possible for a male
teacher to fondle a boy - but what can I do about
that?" she said.
____________________________________________________________________________________
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Where's The Money, Honey? - [Live-in Relationships]
Source : The Times of India 11 Jan, 2007 2132hrs IST TIMES NEWS NETWORK
RIDDHIMA SEAL
The proposal to grant alimony to women who have been shunned by their partners in live-in relationships has received mixed responses.
A relationship that is still much debated about, a relationship that is much frowned at, but certainly a relationship that cannot be ignored in today's society. Yes, you got that right. Live-in relationships are most certainly what we are talking about. Love them or hate them, the truth is that just like Preity Zinta and Saif Ali Khan who played live-in partners in Salaam Namaste, the number of youngsters choosing to live together is clearly on the rise.
And in keeping up with laws and proposals being passed everyday to lend more recognition to live-in relations, the latest comes in the National Commission for Women's recommendation of alimony for women who have been shunned by their partners in live-in relationships. According to this proposal of the Women's Commission, just like in the case of a divorce where a man is bound to maintain his wife, children and family with a monthly allowance, a live-in partner too has to do the same with his woman. However, while total jubilancy was the expected reaction, the proposal found mixed responses.
Says a member of the National Commission for Women who is very upbeat about the proposal upon strict conditions of anonymity, "Live-in relationships are so rampant that it is time for us to view it more seriously than just another way of indulging in casual sex. There are many who are into a live-in relationship just like they would in a marriage, except for the legal bit. So, if the law can allow protection for the woman after her marriage breaks up, why not the same if there is a split in a live-in relation?"
But not everyone seems to be as upbeat about the proposal. Says Dr Rabindra Ray, sociologist at the Delhi School of Economics, "While the proposal seems to be in favour of women, in a way it is kind of undermining their self-sufficiency status as well. Besides, there is a probability of misuse too. So much of legal powers outside marriage could also actually act as a deterrent and cause some of the vital institutions of society like marriage and family to crumble. More women will now opt to get into live-in relationships because there is total freedom. A woman can have the freedom to move out of a relationship anytime and demand monthly maintenance."
Lawyers are also watching the proposal very carefully. Says senior advocate of the Supreme Court, Ashok Banerjee, "While the proposal is certainly in keeping with the times, the legal angle can be worked out only later. The most vital point will be about how to provide evidence of the relation in court."
riddhiman.seal@timesgroup.com
RIDDHIMA SEAL
The proposal to grant alimony to women who have been shunned by their partners in live-in relationships has received mixed responses.
A relationship that is still much debated about, a relationship that is much frowned at, but certainly a relationship that cannot be ignored in today's society. Yes, you got that right. Live-in relationships are most certainly what we are talking about. Love them or hate them, the truth is that just like Preity Zinta and Saif Ali Khan who played live-in partners in Salaam Namaste, the number of youngsters choosing to live together is clearly on the rise.
And in keeping up with laws and proposals being passed everyday to lend more recognition to live-in relations, the latest comes in the National Commission for Women's recommendation of alimony for women who have been shunned by their partners in live-in relationships. According to this proposal of the Women's Commission, just like in the case of a divorce where a man is bound to maintain his wife, children and family with a monthly allowance, a live-in partner too has to do the same with his woman. However, while total jubilancy was the expected reaction, the proposal found mixed responses.
Says a member of the National Commission for Women who is very upbeat about the proposal upon strict conditions of anonymity, "Live-in relationships are so rampant that it is time for us to view it more seriously than just another way of indulging in casual sex. There are many who are into a live-in relationship just like they would in a marriage, except for the legal bit. So, if the law can allow protection for the woman after her marriage breaks up, why not the same if there is a split in a live-in relation?"
But not everyone seems to be as upbeat about the proposal. Says Dr Rabindra Ray, sociologist at the Delhi School of Economics, "While the proposal seems to be in favour of women, in a way it is kind of undermining their self-sufficiency status as well. Besides, there is a probability of misuse too. So much of legal powers outside marriage could also actually act as a deterrent and cause some of the vital institutions of society like marriage and family to crumble. More women will now opt to get into live-in relationships because there is total freedom. A woman can have the freedom to move out of a relationship anytime and demand monthly maintenance."
Lawyers are also watching the proposal very carefully. Says senior advocate of the Supreme Court, Ashok Banerjee, "While the proposal is certainly in keeping with the times, the legal angle can be worked out only later. The most vital point will be about how to provide evidence of the relation in court."
riddhiman.seal@timesgroup.com
Renuka Receives 1 Lakh SMSs Protesting Against Domestic Violence Act
Source : AndhraCafe.com November 22, 2006
Renuka dismisses fears about new ACT.
Hyderabad: Union minister of state for women and child development Renuka Chowdary asserted that recently enacted Protection of Women and Domestic Violence Act, 2005, was not intended to disrupt the family system.
Inaugurating a day-long seminar on the Act organised by the Department of Women Development and Child Welfare, she said that the act would strengthen bondage among family members.
Stating that she had received about one lakh SMSs mostly from men expressing apprehensions on the impact of the Act in the family ties, the minister said such fears were unfounded. Recalling that over one lakh girl-children were killed in the country during last two deades in the form of feticides and infanticide, she said the Act was intended to stop such tendencies.
She suggested the State Government to appoint retired Tahashildars and Anganwadi managers as protection officers under the Act.Minister for School Education N Rajya Lakshmi deplored that highest number of domestic violence incidents are being reported form India. She stressed the need to put an end to such practices.
Renuka dismisses fears about new ACT.
Hyderabad: Union minister of state for women and child development Renuka Chowdary asserted that recently enacted Protection of Women and Domestic Violence Act, 2005, was not intended to disrupt the family system.
Inaugurating a day-long seminar on the Act organised by the Department of Women Development and Child Welfare, she said that the act would strengthen bondage among family members.
Stating that she had received about one lakh SMSs mostly from men expressing apprehensions on the impact of the Act in the family ties, the minister said such fears were unfounded. Recalling that over one lakh girl-children were killed in the country during last two deades in the form of feticides and infanticide, she said the Act was intended to stop such tendencies.
She suggested the State Government to appoint retired Tahashildars and Anganwadi managers as protection officers under the Act.Minister for School Education N Rajya Lakshmi deplored that highest number of domestic violence incidents are being reported form India. She stressed the need to put an end to such practices.
Supreme Court Warns Women Against Repeated False Complaints - Crying Wolf Ground For Divorce
Source : The Times of India Nov 26, 2006
Dhananjay Mahapatra | TNN
New Delhi: The Supreme Court has cautioned women facing harassment in their matrimonial homes to be truthful in their complaints before the anti-dowry cell of police, because if their complaints are repeatedly found to be false, the courts could grant divorce on this ground alone.
This ruling came in a case pertaining to a couple, Rishikesh Sharma and Saroj, who were married in 1972, had a daughter in 1975 but developed differences which lead the wife to start living separately since 1981. While she filed several criminal complaints against him, the husband moved the trial court in 1989, for divorce on grounds of mental cruelty and desertion by wife. First, the trial court at Gwalior and then the Madhya Pradesh HC dismissed his plea. Hearing his appeal, an apex court Bench comprising Justices A R Lakshmanan and Tarun Chatterjee noted that the couple was living separately since 1981 and that their marriage had broken down irretrievably.
The wife had repeatedly filed criminal cases against the husband which could not be substantiated in court, the Bench said and felt that there was no point in keeping the marriage alive as both were nearing 50 years of age and their only daughter was married.
Faulting the HC order not granting divorce as sought by the husband, the Bench said, ‘"The HC has not considered the allegations made by the wife which have been repeatedly made and repeatedly found baseless by courts. Therefore, the best course in our opinion is to dissolve the marriage by passing a decree of divorce so that the parties, who are litigating since 1981 and have lost a valuable part of their life, can live peacefully in the remaining part of their life."
During the hearing, the husband offered to pay a lumpsum amount as permanent alimony to the wife, who refused the money and expressed willingness to live with him. "We are of the opinion that her desire to live with her husband at this stage and at this distance of time is not genuine. Therefore, we are not accepting this suggestion made by the wife and reject the same," the Bench said while granting divorce to the husband who had first sought it 17 years ago.
Dhananjay Mahapatra | TNN
New Delhi: The Supreme Court has cautioned women facing harassment in their matrimonial homes to be truthful in their complaints before the anti-dowry cell of police, because if their complaints are repeatedly found to be false, the courts could grant divorce on this ground alone.
This ruling came in a case pertaining to a couple, Rishikesh Sharma and Saroj, who were married in 1972, had a daughter in 1975 but developed differences which lead the wife to start living separately since 1981. While she filed several criminal complaints against him, the husband moved the trial court in 1989, for divorce on grounds of mental cruelty and desertion by wife. First, the trial court at Gwalior and then the Madhya Pradesh HC dismissed his plea. Hearing his appeal, an apex court Bench comprising Justices A R Lakshmanan and Tarun Chatterjee noted that the couple was living separately since 1981 and that their marriage had broken down irretrievably.
The wife had repeatedly filed criminal cases against the husband which could not be substantiated in court, the Bench said and felt that there was no point in keeping the marriage alive as both were nearing 50 years of age and their only daughter was married.
Faulting the HC order not granting divorce as sought by the husband, the Bench said, ‘"The HC has not considered the allegations made by the wife which have been repeatedly made and repeatedly found baseless by courts. Therefore, the best course in our opinion is to dissolve the marriage by passing a decree of divorce so that the parties, who are litigating since 1981 and have lost a valuable part of their life, can live peacefully in the remaining part of their life."
During the hearing, the husband offered to pay a lumpsum amount as permanent alimony to the wife, who refused the money and expressed willingness to live with him. "We are of the opinion that her desire to live with her husband at this stage and at this distance of time is not genuine. Therefore, we are not accepting this suggestion made by the wife and reject the same," the Bench said while granting divorce to the husband who had first sought it 17 years ago.
Husbands Become Victims of Dowry Law
Source : REUTERS December 12 2006 at 04:16PM
By Nita Bhalla
New Delhi - Indian husbands are becoming victims of an anti-dowry law which is being misused by their wives to extort money, a group representing men who have been accused of dowry abuse said on Tuesday.
Dowries - often jewellery, expensive clothing, motorcars and money - are given in India by the bride's family to the groom and his parents, traditionally to ensure the bride will be comfortable in her new home.
The custom, outlawed more than four decades ago but still widely practiced, is often exploited with the groom's family demanding more money in return for not abusing the bride.
But members of 498a.org - a group representing thousands of men and their families named - claim there are growing numbers of false cases being registered under the anti-dowry law or Section 498a of the Indian Penal Code that seeks to protect women.
"There are thousands of men and their families who are victims of the abuse of this law, who are locked up in jail and undergo severe mental, emotional and financial and social trauma as a result," Anupama Singh, a member of 498a.org, named after the dowry law told Reuters.
Singh said the main reason for registering false cases was to extort money, or gain custody of children during divorce.
The number of false cases against husbands was growing by 20 percent every year as "unscrupulous women are realising there is a money to be made by the divorce industry," she said.
According to statistics 498a.org obtained from the ministry of home affairs, 18 percent of the 58,319 cases of dowry abuse registered in 2005 were dropped due to frivolous grounds.
But women's rights activists say there is no clear statistics to prove that law which came into force in 1983 is being intentionally abused.
"489a is one of the most important tools in the hands of Indian women who have suffered abuse," said Yogesh Mehta, legal officer for the National Commission for Women.
"The Commission is of the view that so far we don't have clear statistics that the law is being intentionally misused."
Police say the most common form of domestic violence is dowry-related and that there one case of cruelty committed by the husband or his relatives every nine minutes in the country.
But 498a.org says the anti-dowry law, as well as a new domestic violence act which came into force in October is biased in favour of women as no evidence is required by the wife to prove that she has been harassed or abused.
"Under the law, the accused can be arrested and jailed without warrant or investigation, the complaint cannot be withdrawn by the petitioner and it is non-bailable," said J.K. Grover, a member of 498a.org.
"It's ridiculous. We don't want to scrap the laws, we just want to ensure that it is fair and balanced. The government needs to plug all the loop holes in both the laws."
By Nita Bhalla
New Delhi - Indian husbands are becoming victims of an anti-dowry law which is being misused by their wives to extort money, a group representing men who have been accused of dowry abuse said on Tuesday.
Dowries - often jewellery, expensive clothing, motorcars and money - are given in India by the bride's family to the groom and his parents, traditionally to ensure the bride will be comfortable in her new home.
The custom, outlawed more than four decades ago but still widely practiced, is often exploited with the groom's family demanding more money in return for not abusing the bride.
But members of 498a.org - a group representing thousands of men and their families named - claim there are growing numbers of false cases being registered under the anti-dowry law or Section 498a of the Indian Penal Code that seeks to protect women.
"There are thousands of men and their families who are victims of the abuse of this law, who are locked up in jail and undergo severe mental, emotional and financial and social trauma as a result," Anupama Singh, a member of 498a.org, named after the dowry law told Reuters.
Singh said the main reason for registering false cases was to extort money, or gain custody of children during divorce.
The number of false cases against husbands was growing by 20 percent every year as "unscrupulous women are realising there is a money to be made by the divorce industry," she said.
According to statistics 498a.org obtained from the ministry of home affairs, 18 percent of the 58,319 cases of dowry abuse registered in 2005 were dropped due to frivolous grounds.
But women's rights activists say there is no clear statistics to prove that law which came into force in 1983 is being intentionally abused.
"489a is one of the most important tools in the hands of Indian women who have suffered abuse," said Yogesh Mehta, legal officer for the National Commission for Women.
"The Commission is of the view that so far we don't have clear statistics that the law is being intentionally misused."
Police say the most common form of domestic violence is dowry-related and that there one case of cruelty committed by the husband or his relatives every nine minutes in the country.
But 498a.org says the anti-dowry law, as well as a new domestic violence act which came into force in October is biased in favour of women as no evidence is required by the wife to prove that she has been harassed or abused.
"Under the law, the accused can be arrested and jailed without warrant or investigation, the complaint cannot be withdrawn by the petitioner and it is non-bailable," said J.K. Grover, a member of 498a.org.
"It's ridiculous. We don't want to scrap the laws, we just want to ensure that it is fair and balanced. The government needs to plug all the loop holes in both the laws."
Harassed husbands seek a pro-men law
Source : Gulf News, Published: 16/11/2006 12:00 AM (UAE)
By Nilima Pathak, Correspondent
New Delhi: Emboldened by the recently introduced Protection of Women from Domestic Violence Act, women have been marching to the police stations. Some with genuine complaints, others merely to "teach a lesson" to their husbands and in-laws.
The flip side is that several men are emerging as helpless victims and pleading to be rescued from their wives.
Tormented by their spouses, earlier they shied away from speaking out in the open for fear of humiliation and embarrassment. But now they are demanding an Act to take care of them.
Ram Prakash Chugh of the Akhil Bharatiya Patni Atyachar Virodhi Morcha (All India Front Against Persecution by Wives) says: "What they have introduced is an anti-marriage Act, which will only help in breaking the families. Ever since the dowry Act, women have been projecting themselves as sufferers to blackmail their in-laws."
Having suffered a traumatic married life, the Supreme Court lawyer and father of two children, Chugh started this organisation 25-years ago. "It's tragic that one only hears of wife-bashers not husband-beaters, even though they have always existed."
"The tragedy is that our agony is mental and the scars don't show," said Rabbi Rathi, "If your wife is dishonest and commits adultery, you are supposed to keep your eyes and mouth shut. I confronted my wife and she threatened to not only file a case of harassment against me, but also went to the extent of saying she would drag my 75-year-old father in the case, so that he is jailed.
"I live under constant threat of being put behind bars for no crime. The pile of lies she springs on me amazes me. Worst of all she is against separation. And threatens to commit suicide if I file a divorce suit," he said.
Mayank Tiwari, 50, said, "I have been married for 25 years. Recently I took premature retirement from the bank. Friction began in the house when I got my funds and my wife insisted that I help her parents financially."
"The other day when I told my wife that she could go and live with her parents if she was that concerned, she threatened to file a dowry harassment case against me," he said.
Sweeping powers
Another man in his forties said the present laws in favour of the women should be amended. The Domestic Violence Act has given courts sweeping powers to help abused wives. But what about the hapless men who suffer silently and cannot even turn to any helpline for succour, he asked.
By Nilima Pathak, Correspondent
New Delhi: Emboldened by the recently introduced Protection of Women from Domestic Violence Act, women have been marching to the police stations. Some with genuine complaints, others merely to "teach a lesson" to their husbands and in-laws.
The flip side is that several men are emerging as helpless victims and pleading to be rescued from their wives.
Tormented by their spouses, earlier they shied away from speaking out in the open for fear of humiliation and embarrassment. But now they are demanding an Act to take care of them.
Ram Prakash Chugh of the Akhil Bharatiya Patni Atyachar Virodhi Morcha (All India Front Against Persecution by Wives) says: "What they have introduced is an anti-marriage Act, which will only help in breaking the families. Ever since the dowry Act, women have been projecting themselves as sufferers to blackmail their in-laws."
Having suffered a traumatic married life, the Supreme Court lawyer and father of two children, Chugh started this organisation 25-years ago. "It's tragic that one only hears of wife-bashers not husband-beaters, even though they have always existed."
"The tragedy is that our agony is mental and the scars don't show," said Rabbi Rathi, "If your wife is dishonest and commits adultery, you are supposed to keep your eyes and mouth shut. I confronted my wife and she threatened to not only file a case of harassment against me, but also went to the extent of saying she would drag my 75-year-old father in the case, so that he is jailed.
"I live under constant threat of being put behind bars for no crime. The pile of lies she springs on me amazes me. Worst of all she is against separation. And threatens to commit suicide if I file a divorce suit," he said.
Mayank Tiwari, 50, said, "I have been married for 25 years. Recently I took premature retirement from the bank. Friction began in the house when I got my funds and my wife insisted that I help her parents financially."
"The other day when I told my wife that she could go and live with her parents if she was that concerned, she threatened to file a dowry harassment case against me," he said.
Sweeping powers
Another man in his forties said the present laws in favour of the women should be amended. The Domestic Violence Act has given courts sweeping powers to help abused wives. But what about the hapless men who suffer silently and cannot even turn to any helpline for succour, he asked.
Adultery Law Must Apply Equally To Men And Women: Justice Malimath Committee
Source : Rediff.com August 12, 2003 16:41 IST
Suggesting a radical change in the law on adultery, the Justice Malimath Committee for reforms in the criminal justice system has recommended amendments to provisions of the Indian Penal Code that disallow prosecution of women for the offence.
According to the present law, only a man can be prosecuted for the offence of adultery with the woman being granted immunity from proceedings on account of her position in society.
However, the Committee's report seeks to end, what has often been referred to as the gender bias in the law, by recommending similar treatment of both men and women in such cases.
"The object of this section (Section 497 of the IPC) is to preserve the sanctity of marriage. Society abhors marital infidelity. Therefore, there is no reason for not meting out similar treatment to the wife who has sexual intercourse with a man (other than her husband)," the Committee said in its report submitted to the Centre.
It therefore suggested that "section 497 be suitably amended to the effect that whosoever has sexual intercourse with the spouse of any other person is guilty of adultery".
The Fifth Law Commission had in 1971 recommended similar changes, though it was never implemented.
Ever since the law on adultery came into force, it has been subjected to much criticism with men crying hoarse that it amounted to gender bias and was violative of the right to equality guaranteed by the Constitution.
However, the Malimath Committee report is silent on another controversial provision of section 497, which says that prosecution in such cases shall be initiated on the complaint of the husband of the adulterous woman.
The provision was challenged in the Supreme Court with the petitioner arguing that depriving a woman of the right to proceed against an adulterous husband was a classic instance of 'gender discrimination, legislative despotism and male chauvinism'.
However, the Supreme Court did not agree.
The IPC, when in took form in 1860, was silent on the punishment for adultery with Lord Macaulay observing, There are some peculiarities in the state of society in this country which may well lead a humane man to pause before he determines to punish the infidelity of wives.
The circumstances he referred to included child marriage and polygamy. Macaulay, hence, advised that it would be enough to treat it as a civil injury.
However, the Second Law Commission thought otherwise and said it would not be proper to leave the offence out of the IPC and suggested that only the man be punished, again keeping in mind the condition of women in the country.
In 1951, one Yusuf Abdul Aziz challenged the constitutional validity of the provision. However, Bombay high court chief justice M C Chagla had upheld the provision saying the Constitution permitted such special legislation for women.
Suggesting a radical change in the law on adultery, the Justice Malimath Committee for reforms in the criminal justice system has recommended amendments to provisions of the Indian Penal Code that disallow prosecution of women for the offence.
According to the present law, only a man can be prosecuted for the offence of adultery with the woman being granted immunity from proceedings on account of her position in society.
However, the Committee's report seeks to end, what has often been referred to as the gender bias in the law, by recommending similar treatment of both men and women in such cases.
"The object of this section (Section 497 of the IPC) is to preserve the sanctity of marriage. Society abhors marital infidelity. Therefore, there is no reason for not meting out similar treatment to the wife who has sexual intercourse with a man (other than her husband)," the Committee said in its report submitted to the Centre.
It therefore suggested that "section 497 be suitably amended to the effect that whosoever has sexual intercourse with the spouse of any other person is guilty of adultery".
The Fifth Law Commission had in 1971 recommended similar changes, though it was never implemented.
Ever since the law on adultery came into force, it has been subjected to much criticism with men crying hoarse that it amounted to gender bias and was violative of the right to equality guaranteed by the Constitution.
However, the Malimath Committee report is silent on another controversial provision of section 497, which says that prosecution in such cases shall be initiated on the complaint of the husband of the adulterous woman.
The provision was challenged in the Supreme Court with the petitioner arguing that depriving a woman of the right to proceed against an adulterous husband was a classic instance of 'gender discrimination, legislative despotism and male chauvinism'.
However, the Supreme Court did not agree.
The IPC, when in took form in 1860, was silent on the punishment for adultery with Lord Macaulay observing, There are some peculiarities in the state of society in this country which may well lead a humane man to pause before he determines to punish the infidelity of wives.
The circumstances he referred to included child marriage and polygamy. Macaulay, hence, advised that it would be enough to treat it as a civil injury.
However, the Second Law Commission thought otherwise and said it would not be proper to leave the offence out of the IPC and suggested that only the man be punished, again keeping in mind the condition of women in the country.
In 1951, one Yusuf Abdul Aziz challenged the constitutional validity of the provision. However, Bombay high court chief justice M C Chagla had upheld the provision saying the Constitution permitted such special legislation for women.
Thursday, January 11, 2007
Women Cannot Be Punished For Adultery
Click here to read Noted Lawyer Mrunalini Deshmukh's comments
[News] Source: The Times of India, 25 Dec, 2006 1247hrs IST PTI
NEW DELHI: A woman, even if she is involved in an illicit relationship, cannot be punished for adultery and is treated as the victim under law.
And the National Commission for Women (NCW) has shot down proposals for amending Section 497 so that women can be prosecuted for adultery.
The Commission had been asked by the Centre to review Section 497 which does not envisage prosecution of the wife by the husband for adultery.
The section provides expressly that the wife shall not be punishable even as an abettor, based on the reasoning that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime.
According to NCW sources, the Commission does not feel that by merely prescribing punishment for women by amending Section 497, the marriage can be protected or saved.
The NCW has forwarded its recommendations to the government, in which it has stated that considering the relatively socially disempowered position of women, the Commission suggests no amendments to Section 497 of IPC.
The existing provision in the IPC is based on the mindset that the wife is a personal possession of the husband, who is the sole aggrieved person in an incident of adultery.
The Commission has, however, recommended suitable amendments to Section 198(2) of the Criminal Procedure Code (CPRC), which as of now disqualifies the wife of an unfaithful husband from prosecuting him for his promiscuous behaviour.
It has told the government that as the wife already can take action against her husband under various other legal provisions, such as Section 498A of IPC, there is no reason that she should be debarred from initiating prosecution under Section 198 of CRPC.
The wife, in such cases, ought to be the person aggrieved and competent to file a complaint under Section 198.
In another important recommendation, the Commission has said adultery should be treated as a civil wrong and not a criminal offence.
It is of the view that there may be many instances where the woman wants to save the marriage and sees the adulterous relationship as an aberration.
The issue of adultery should be viewed as a breach of trust and be treated as a civil wrong rather than as a criminal offence.
The NCW has, however, said this should be done only after a national consensus is formed on the issue.
[News] Source: The Times of India, 25 Dec, 2006 1247hrs IST PTI
NEW DELHI: A woman, even if she is involved in an illicit relationship, cannot be punished for adultery and is treated as the victim under law.
And the National Commission for Women (NCW) has shot down proposals for amending Section 497 so that women can be prosecuted for adultery.
The Commission had been asked by the Centre to review Section 497 which does not envisage prosecution of the wife by the husband for adultery.
The section provides expressly that the wife shall not be punishable even as an abettor, based on the reasoning that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime.
According to NCW sources, the Commission does not feel that by merely prescribing punishment for women by amending Section 497, the marriage can be protected or saved.
The NCW has forwarded its recommendations to the government, in which it has stated that considering the relatively socially disempowered position of women, the Commission suggests no amendments to Section 497 of IPC.
The existing provision in the IPC is based on the mindset that the wife is a personal possession of the husband, who is the sole aggrieved person in an incident of adultery.
The Commission has, however, recommended suitable amendments to Section 198(2) of the Criminal Procedure Code (CPRC), which as of now disqualifies the wife of an unfaithful husband from prosecuting him for his promiscuous behaviour.
It has told the government that as the wife already can take action against her husband under various other legal provisions, such as Section 498A of IPC, there is no reason that she should be debarred from initiating prosecution under Section 198 of CRPC.
The wife, in such cases, ought to be the person aggrieved and competent to file a complaint under Section 198.
In another important recommendation, the Commission has said adultery should be treated as a civil wrong and not a criminal offence.
It is of the view that there may be many instances where the woman wants to save the marriage and sees the adulterous relationship as an aberration.
The issue of adultery should be viewed as a breach of trust and be treated as a civil wrong rather than as a criminal offence.
The NCW has, however, said this should be done only after a national consensus is formed on the issue.
NRI Husbands Complain Against `Biased' Laws
Source : The HINDU, Saturday, Jan 06, 2007
Special Correspondent
NEW DELHI: A group of non-resident Indian (NRI) men have raised their voice against section 498 A of the Indian Penal Code (IPC) on dowry-related crimes.
Addressing a press conference here on Friday, on the eve of the Pravasi Bharatiya Diwas celebrations, the men alleged that they were falsely charged under the dowry-related laws, particularly 498 A that was blatantly biased against men.
"We are dedicated to helping Non-Resident Indians in the United States and their India-based families, who are falsely criminalised under Section 498A of Indian Penal Code and related anti-dowry laws. Indian anti-dowry laws are unbelievably draconian, assume that the accused are guilty until proven innocent, and place the burden of proof on the accused individuals. In addition, wives [current or former] who have been separated for as long as 10 years or more are allowed to file cases under these laws. It has been shown that 98 per cent of the cases that are filed are false and baseless,'' they told reporters.
They charged that many Indian women married successful Indian men living abroad and as it is perceived as an opportunity to lead a better life and to enhance one's own career potential with the help of the spouse.
Reasons for divorce
"There are several reasons why some of these marriages turn sour and result in divorce including unanticipated cultural differences, domestic violence, prior relationships that either spouse is unable to get out of, delays obtaining visa/immigration documents, concealed or undiagnosed medical conditions, unreasonable expectations of Indian brides for a lavish lifestyle, incompatible personalities and marriages forced by parents," they pointed out.
No matter what the reason for marital discord is, women of Indian origin have been rampantly misusing Section 498A of IPC to threaten, extort money from, and wreak revenge on overseas Indian husbands and their families, the men alleged.
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Special Correspondent
NEW DELHI: A group of non-resident Indian (NRI) men have raised their voice against section 498 A of the Indian Penal Code (IPC) on dowry-related crimes.
Addressing a press conference here on Friday, on the eve of the Pravasi Bharatiya Diwas celebrations, the men alleged that they were falsely charged under the dowry-related laws, particularly 498 A that was blatantly biased against men.
"We are dedicated to helping Non-Resident Indians in the United States and their India-based families, who are falsely criminalised under Section 498A of Indian Penal Code and related anti-dowry laws. Indian anti-dowry laws are unbelievably draconian, assume that the accused are guilty until proven innocent, and place the burden of proof on the accused individuals. In addition, wives [current or former] who have been separated for as long as 10 years or more are allowed to file cases under these laws. It has been shown that 98 per cent of the cases that are filed are false and baseless,'' they told reporters.
They charged that many Indian women married successful Indian men living abroad and as it is perceived as an opportunity to lead a better life and to enhance one's own career potential with the help of the spouse.
Reasons for divorce
"There are several reasons why some of these marriages turn sour and result in divorce including unanticipated cultural differences, domestic violence, prior relationships that either spouse is unable to get out of, delays obtaining visa/immigration documents, concealed or undiagnosed medical conditions, unreasonable expectations of Indian brides for a lavish lifestyle, incompatible personalities and marriages forced by parents," they pointed out.
No matter what the reason for marital discord is, women of Indian origin have been rampantly misusing Section 498A of IPC to threaten, extort money from, and wreak revenge on overseas Indian husbands and their families, the men alleged.
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Lawyers Debate Over Adultery Law
Source : Cybernoon [Wednesday, Dec 27, 2006 11:44:50 IST]
By a Staff Reporter
As the NCW sends a list of proposed amendments to the centre...
“Whoever has sexual intercourse with a person, whom he knows to be the wife of another man, without the consent or connivance of that man, such sexual intercourse is not amounting to the offence of rape. The guilty of the offence of adultery, shall be punished with imprisonment for a term that may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.” - Indian Penal Code Section 497
What may immediately strike one as being rather peculiar is that the act of adultery is even considered a crime. A move is being made to bring women into the ambit of adultery and hold them as abettors and offenders of the ‘crime’ – a move that is being strongly opposed by the National Commission of Women on the grounds that most women even today are still victims. The commission has sent a list of proposed amendments to the centre and is playing a wait and watch game, trying to flip over a section that prevents a woman from prosecuting her errant husband.
We asked several lawyers about what they think should be done with the law.
Matrimonial lawyer, Mrunalini Deshmukh, has been dealing with divorces and custody battles for the past ten years. According to her, adultery should not come under criminal offences at all.
“Our laws have come from Victorian England,” she explained. “Victorian laws were influenced or derived from the church. Ecclesiastical law sees marriages as sacrosanct. Divorces were not allowed. Like any other law, this law dealing with adultery was also made as a deterrent: to make men think twice before indulging themselves. In today’s social context, it is outdated as a criminal offence. It should only be a civil offence; it is a matter between two people – what have the police or the government has to do with it? Also – the law clearly states that the woman will not be held responsible. I strongly object to that! In this age of gender equality and gender justice, why should we have such a lopsided law?
Who said women don’t want sex?”
Deshmukh has had several couples coming to her over adultery and, over the years, she has noted that the cases have increased.
“Perhaps it would not be correct for me to say that the number has risen, but that more couples are coming out with it,” she added. “Around 90% of such cases head for divorce rather than a reconciliation.”
Noted lawyer Sanjeev Kanchan feels that the law has lived its course.
“It was passed in 1860,” he pointed out. “The lady is always perceived as the victim and that perception is not entirely wrong. Personally, I feel that adultery is a private matter and that the government should stay out of it. Anyway, the law does not take action even against men who are held responsible already, as a complaint is required first. Just as a man guilty of bigamy is not arrested until one of the wives complain.
“Today the modern individual might say that there is no difference between the man and the woman, but one must see the country as a whole and not just the metros and note that there has been no drastic change in the equation. Yes, some women might commit adultery of their own will but that is not the rule, right? It is the exception. The law should never forget that. This section should remain as it is, untouched.”
Shuboda Khot, a junior lawyer, confirmed that the law against adultery is not applicable to women. “More often than not, men lure women with false promises,” she said. “So women are victims and should be perceived as such.”
Varsha Ropde, the secretary of the Bar Council of Maharashtra and Goa, said that while the NCW is saying that women “should not be held responsible as they are the victims”, her (strictly) personal opinion is that “one may hold women equally responsible. Today they are educated and in charge of their lives; many do enter into adulterous relationships knowing fully well, what they are doing. While a large percentage is deceived into such relationships, the exceptions should also be taken into account.”
Prominent lawyer, Mahesh Jethmalani, said that the law should be amended not to include women in the offence but to decriminalise the act itself!
“I feel that it is a private matter,” he said, refraining from commenting on the women’s angle. “It should not be permissible to jail either men or women for this act as it concerns their personal lives. It should be changed to a civil offence and used only as grounds for divorce.”
Well-known lawyer who specialises only in women’s cases, Flavia Agnes agrees that the law is rather archaic.
“Women and men both have affairs and they should be treated as equals where adultery is concerned,” she stated. “But having said that, I must clarify and say that they should be treated as equals in the sense that neither should be penalised for having committed adultery. It is their personal lives, after all. That section should be immediately deleted from the penal code – forget about amendments!”
Defence counsel, Farhana Shah, feels that the section should not be deleted and women should be made accountable for their extra-marital dalliances.
“This is an issue where the entire family is affected,” she said. “Some responsibility has to be accepted by the lady for she is a party to it, is she not? And why should we de-criminalise adultery? Abroad it is not a crime but there it is a very natural daily occurrence. Indian culture does not permit us to be like foreigners. It is alien to our culture so is it not wrong for our society? It should not be deleted for in many cases the woman is coerced into an affair, so we have to consider that as well, but deleting the section completely, in my opinion, would be very wrong.”
While various points of view help one analyse a situation better, the question remains whether the law will be amended at all and, if so, will it be for better or for worse?
Any questions? Get answers on any topic at Yahoo! Answers. Try it now.
By a Staff Reporter
As the NCW sends a list of proposed amendments to the centre...
“Whoever has sexual intercourse with a person, whom he knows to be the wife of another man, without the consent or connivance of that man, such sexual intercourse is not amounting to the offence of rape. The guilty of the offence of adultery, shall be punished with imprisonment for a term that may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.” - Indian Penal Code Section 497
What may immediately strike one as being rather peculiar is that the act of adultery is even considered a crime. A move is being made to bring women into the ambit of adultery and hold them as abettors and offenders of the ‘crime’ – a move that is being strongly opposed by the National Commission of Women on the grounds that most women even today are still victims. The commission has sent a list of proposed amendments to the centre and is playing a wait and watch game, trying to flip over a section that prevents a woman from prosecuting her errant husband.
We asked several lawyers about what they think should be done with the law.
Matrimonial lawyer, Mrunalini Deshmukh, has been dealing with divorces and custody battles for the past ten years. According to her, adultery should not come under criminal offences at all.
“Our laws have come from Victorian England,” she explained. “Victorian laws were influenced or derived from the church. Ecclesiastical law sees marriages as sacrosanct. Divorces were not allowed. Like any other law, this law dealing with adultery was also made as a deterrent: to make men think twice before indulging themselves. In today’s social context, it is outdated as a criminal offence. It should only be a civil offence; it is a matter between two people – what have the police or the government has to do with it? Also – the law clearly states that the woman will not be held responsible. I strongly object to that! In this age of gender equality and gender justice, why should we have such a lopsided law?
Who said women don’t want sex?”
Deshmukh has had several couples coming to her over adultery and, over the years, she has noted that the cases have increased.
“Perhaps it would not be correct for me to say that the number has risen, but that more couples are coming out with it,” she added. “Around 90% of such cases head for divorce rather than a reconciliation.”
Noted lawyer Sanjeev Kanchan feels that the law has lived its course.
“It was passed in 1860,” he pointed out. “The lady is always perceived as the victim and that perception is not entirely wrong. Personally, I feel that adultery is a private matter and that the government should stay out of it. Anyway, the law does not take action even against men who are held responsible already, as a complaint is required first. Just as a man guilty of bigamy is not arrested until one of the wives complain.
“Today the modern individual might say that there is no difference between the man and the woman, but one must see the country as a whole and not just the metros and note that there has been no drastic change in the equation. Yes, some women might commit adultery of their own will but that is not the rule, right? It is the exception. The law should never forget that. This section should remain as it is, untouched.”
Shuboda Khot, a junior lawyer, confirmed that the law against adultery is not applicable to women. “More often than not, men lure women with false promises,” she said. “So women are victims and should be perceived as such.”
Varsha Ropde, the secretary of the Bar Council of Maharashtra and Goa, said that while the NCW is saying that women “should not be held responsible as they are the victims”, her (strictly) personal opinion is that “one may hold women equally responsible. Today they are educated and in charge of their lives; many do enter into adulterous relationships knowing fully well, what they are doing. While a large percentage is deceived into such relationships, the exceptions should also be taken into account.”
Prominent lawyer, Mahesh Jethmalani, said that the law should be amended not to include women in the offence but to decriminalise the act itself!
“I feel that it is a private matter,” he said, refraining from commenting on the women’s angle. “It should not be permissible to jail either men or women for this act as it concerns their personal lives. It should be changed to a civil offence and used only as grounds for divorce.”
Well-known lawyer who specialises only in women’s cases, Flavia Agnes agrees that the law is rather archaic.
“Women and men both have affairs and they should be treated as equals where adultery is concerned,” she stated. “But having said that, I must clarify and say that they should be treated as equals in the sense that neither should be penalised for having committed adultery. It is their personal lives, after all. That section should be immediately deleted from the penal code – forget about amendments!”
Defence counsel, Farhana Shah, feels that the section should not be deleted and women should be made accountable for their extra-marital dalliances.
“This is an issue where the entire family is affected,” she said. “Some responsibility has to be accepted by the lady for she is a party to it, is she not? And why should we de-criminalise adultery? Abroad it is not a crime but there it is a very natural daily occurrence. Indian culture does not permit us to be like foreigners. It is alien to our culture so is it not wrong for our society? It should not be deleted for in many cases the woman is coerced into an affair, so we have to consider that as well, but deleting the section completely, in my opinion, would be very wrong.”
While various points of view help one analyse a situation better, the question remains whether the law will be amended at all and, if so, will it be for better or for worse?
Any questions? Get answers on any topic at Yahoo! Answers. Try it now.
State of the union - [Divorce]
Ketan Tanna
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[ 31 Dec, 2006 1203hrs IST
TIMES NEWS NETWORK ]
TIMES NEWS NETWORK ]In blocking traffic, marriages are second only to God. The pomp and scale of marriages in 2006 were probably unmatched in the past. But the year also saw an alarming number of divorce suits and an unprecedented number of verdicts. Some of the reasons for divorce in cities include snoring, incompatible eating habits, dress sense and other things that may, at first glance, shock readers. But it is easy to fathom that in the metros, where affluence and independence are on the rise, both the young and the old are not viewing marriage as an inescapable bond. Tolerance, that vital side effect of love, is vanishing.
On an average, 40 divorce petitions are filed every day in the eight district courts of Delhi. In Hyderabad and Secunderabad, 100 divorce cases are filed daily and the annual growth rate in the last few years has been 15%.
Chennai's three family courts are currently dealing with over 3,000 divorce cases. Last year, these courts successfully dealt with about 1,500 of them. Between January and September this year in Mumbai, there were 8,941 divorces, many of them residual from previous years. Between July and September, 2,932 divorce applications were filed. In 1995, there were 1,446 divorce cases pending in the Bandra Family Court. The data for the last quarter has not been compiled yet, but the figures are climbing. In 2001, the figure was 2,877. In 2004, it shot up to 3,400 cases. In 2005, the number touched 6,000. Now, 20,265 divorce cases are pending in the city.
According to Madhavi Desai, a counsellor at the Family Court in Mumbai, about 60% of divorces are consent cases. This means that both husband and wife want to end the marriage. According to counsellors, there is an increasing trend across the country of couples not seeing the point in working on their marriage. At the first sign of trouble, they reach out for the terminal solution. "A fair majority of the couples who want divorce are under 30 years of age and very often they want to walk out within a year of marriage," says Desai.
Equally, such divorces are generally amicable with both sides opting to divide the assets and child custody peacefully. Some of them are so amicable that they come holding hands, chatting, laughing and exchange jokes when they sit on the wooden table in the reception area outside the courtroom. But during the mandatory counselling session, they are vehement about the need for divorce. As far as they are concerned, they can be good friends for the rest of their lives, but they would rather not have the obligations, responsibilities and the constrictions that marriage entails. Some of them even continue their physical relationship after divorce.
Divorce is today a lot easier than before. Not because courts are more efficient, but because the society does not pretend to be shocked anymore at marital discord. "As the stigma of divorce has reduced, often, people do not give much thought to the very step of divorce. Also, increasingly, more women are opting to have a divorce, especially if they are earning," says Desai.
Some of the major reasons for divorce are temperamental differences, the need for having a career at the cost of marriage, adultery and sexual incompatibility. Also, despite the rise in nuclear families in Mumbai, the influence and the role of other family members is a critical factor in marriages breaking up. The poor too, are increasingly taking recourse in divorce. NGOs and other samaritans are giving impoverished women the confidence to take the step.
The surprising aspect of the divorce scenario in Mumbai is that even old couples are opting for the split. Recently, the family court here had an unusual case of a 72-year-old husband coming along with his 71-year-old wife and saying that he wanted a divorce. He said that he was fed up with her. In the last few years, about 5% of the divorce cases that are filed in the Bandra Family Court are from senior citizens. These are usually couples who have suffered in their marriage for decades just for the sake of their kids and once the children are settled, cannot bear to spend a day more with each other.
Aggressive parents of couples too are increasingly becoming potent splitting agents. "Of course, there are parents who do not want their kids to divorce, but many times, they are the ones who aggravate the marriage of their children," says Desai. There is a case of a young doctor who had eloped with a man of another caste. Her furious father was adamant that she divorce the boy. The father's contention was that he had invested both financially and emotionally in his daughter and that she had no right to run away with someone.
The couple was brought to the family court and when the aggressive father was holding forth on his ungrateful daughter, some employees of the court helped the couple run away a second time.
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