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P R E S S R E L E A S E – MEMOs to stop arbitrary arrests in case of 498A
P R E S S R E L E A S E
Subject: National Family Harmony Society sends MEMO’s to DGP-Karnataka, COP-Bangalore, Karnataka Home Minister, Governor of Karnataka and Chief Minister of Karnataka to stop arbitrary arrests in case of 498A.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
The memorandums are available at the following links:
Rise of “Women Criminals” – MEMO to Governor-DGP
http://498amisuse.wordpress.com/2010/07/15/rise-of-%e2%80%9cwomen-criminals%e2%80%9d-memo-to-cm/
Nowadays it has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.
Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.
Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.
Honorable Former Chief Justice VENKATACHALLIAH, M.N. on “25/04/1994” while delivering a judgment wrote:
“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.”
OUR DEMANDS:
- No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
- Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
- Involve NGOs working in the similar field.
- Don’t allow wife to use 498A IPC as “Arrest on Demand”.
- Stop the involvement of police in “Matrimonial Disputes”.
- Instruct police to follow earlier circulars issued by COP-Bangalore, Your office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.
For more information please contact
P Suresh, President, M Mahesh, General Secretary,
9880141531 9731569970
National Family Harmony Society National Family Harmony Society
You are also requested to visit
www.498a.org.in / www.family-harmony.org / http://498amisuse.wordpress.com/
Request for information under RTI Re Misuse of section 498A of IPC – DGP
Dt.19/07/2010 Bangalore
To,
Public Relation Officer (CB/ NGO)
No.1, Nrupathunga Road, Bangalore
Sub: Request for information under Right to information act–2005
Enclosed a Postal Order no: of Rs. 10/- in favour of the Accounts officer, DGP Office
Dear Sir,
I am P Suresh, a resident of Bangalore City. I want certain information regarding Advisory issued by “Union Ministry of Home Affairs” to “Chief Secretary, Government of Karnataka” dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”. The said Advisory is attached here as Annexure along-with this RTI application.
I quote the paragraph 12 of the said Advisory below:
“All the State Governments/UT Administrations are requested to take effective measures in the light of the directions/orders issued by the courts and advisories issued by the Government of India from time to time to put to rest the allegations of misuse of section 498A of IPC”
In this regard please provide me the following information’s:
A) What action/measure has been taken by “Karnataka Police” for the above stated Advisory by “Union Ministry of Home Affairs”?
B) Whether DGP, Karnataka has issued any Circular/Advisory to the “Karnataka Police” in the light of above said Advisory? If yes please a copy of such Circular/Advisory.
Thanking you sir,
Yours truly,
P SURESH,
XXXXXXXX
Request for information under RTI Re “Misuse of section 498A of IPC”
Dt.19/07/2010
Bangalore
To,
Shri S.V. Ranganath & PIO,
Chief Secretary to Government of Karnataka
Room No.320, III Floor, Vidhana Soudha
Bangalore-560 001
Sub: Request for information under Right to information act–2005
Enclosed a Postal Order no: of Rs. 10/- in favour of the Accounts officer, Government of Karnataka
Dear Sir,
I am P Suresh, a resident of Bangalore City. I want certain information regarding Advisory issued by “Union Ministry of Home Affairs” to “Chief Secretary to Government of Karnataka” dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”. The said Advisory is attached here as Annexure along-with this RTI application.
I quote the paragraph 12 of the said Advisory below:
“All the State Governments/UT Administrations are requested to take effective measures in the light of the directions/orders issued by the courts and advisories issued by the Government of India from time to time to put to rest the allegations of misuse of section 498A of IPC”
In this regard please provide me the following information’s:
A) What action/measure has been taken by “The Government of Karnataka” for the above stated Advisory by “Union Ministry of Home Affairs”?
B) Whether “The Government of Karnataka” has issued any Circular/Advisory to the “Karnataka Police” in the light of above said Advisory? If yes please a copy of such Circular/Advisory.
Thanking you sir,
Yours truly,
P SURESH,
XXXXXXX
This is life
http://www.thehindu.com/arts/radio-and-tv/article517020.ece
A first-of-its-kind show on Malayalam television ‘Kathayalla, Ithu Jeevitham’ attempts to tackle real life disputes on screen, whereby issues relating to familial and social relationships are taken up, discussed, mediated and settled to the satisfaction of all concerned.
“This is life in black and white. This is as real as it gets,” says Manoj Manayil about ‘Kathayalla, Ithu Jeevitham,’ the television courtroom show that he produces for Amrita TV. A first-of-its-kind show on Malayalam television ‘Kathayalla, Ithu Jeevitham’ attempts to tackle real life disputes on screen, whereby issues relating to familial and social relationships are taken up, discussed, mediated and settled to the satisfaction of all concerned. The legally-binding, out-of-court settlements are made under the aegis of Kerala Legal Services Authority (KELSA). Yesteryear heroine Vidhubala comes back into the spotlight after a 25-year hiatus, as the anchor of the show. The show airs on Saturday and Sunday at 6.30 p.m. Excerpts from an interview with Manoj about the show…
Family issues as the focus
Whatever problems there are, be it land disputes or instances of divorce/separation, custody disputes or even cases of cheating, on one level or the other, it ultimately affects the family as a whole. Besides, a survey that we conducted of cases before Women’s Commission, Family Court, the Women’s cell and so on brought into focus the psychological impact such issues have on families. Therefore we decided to focus on issues relating to family life.
Challenges
The biggest challenge was to get people to agree to air their grievances – and inevitably their private lives too – on screen. Understandably, at first most of them were apprehensive about airing the proverbial dirty linen in public and we had a considerable task on our hands to convince them that finding a solution to their problems was in their best interests and the interests of their families. Once we explained to them that the solutions would be legally-binding, most of them were gung ho about it. Another thing is that it is easy to get the plaintiff on board, but not always the defendant.
Bringing in KELSA
It was imperative that we bring in KELSA into the show for it is always better if the settlement reached is legally binding. A verbal agreement may not resolve the issue at hand and in this way the settlement is equivalent to a civil court order. KELSA and its member secretary, P. Mohan, were very enthusiastic about lending their expertise for this venture from the start.
Vidhubala as the anchor
For this particular show you need to have an anchor who is more of a counsellor. Since 90 per cent of the issues tackled involve women, we needed a woman at the helm and an easily recognisable one at that for we found that people can relate – and open up to – someone they recognise, better. Moreover, the anchor should appear empathetic, not be involved in any controversy and have life experience. We hit upon a goldmine when we thought of Vidhubala as the anchor. She fit the bill on all counts having managed her film career and then her home life with élan. An added advantage was that she majored in psychology for her graduation.
Response
It has been fantastic. In the first schedule, we focussed only on Thiruvananthapuram, Kollam, Pattanamthitta, Kottayam, Idukki and Alappuzha districts. Of the 20 cases taken up, six have been settled completely and free legal help has been offered on four others. The others have been heard and solutions offered and asked to come back for further discussion. We hope to expand to other districts in the future.
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A first for family court counsellors
http://www.thehindu.com/news/cities/Delhi/article521955.ece
Justice Dipak Misra, Chief Justice of Delhi High Court, on Saturday inaugurated the first-of-its-kind orientation programme for counsellors of family courts at Karkardooma Courts here.
Justice Misra asked the counsellors of a matrimonial or family dispute to keep in mind the fine distinction between self-respect and ego of the parties involved. He told them to make efforts to understand the flexibility of adjustments in life and advised the counsellors to have a multi-pronged approach while counselling the parties.
Emphasising that marriage as an institution was to be sustained and not merely maintained, he dwelt upon the concepts of compatibility, adoptability, subjugation and sustenance of marriage. He also talked about the philosophical aspects of marriage as an institution.
Justice Hima Kohli, Judge of the Delhi High Court and Chairperson of the Committee of Family Courts, said that long-drawn litigation only results in greater bitterness, feelings of hurt, suffering, emotional trauma and financial strain. The counsellors can deal with the underlying interests and emotional sufferings of the parties to amicably settle the disputes. She stressed upon the objective of family courts to promote counselling, conciliation and exhorted the counsellors to take the task of making family courts a success.
Organised by the Delhi Judicial Academy (DJA), the orientation programme also had a session on the counselling techniques. Several judges of the Delhi High Court, all the District Judges of Delhi, judicial officers, Principal Judge of Family Courts Deepa Sharma and Prof. Ved Kumari, Chairperson of DJA, Kamlesh Kumar, District Judge of Karkardooma Courts and members of different Bar Associations were present on the occasion.
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Action plan apace to bring down arrears of cases, says Moily
http://www.thehindu.com/news/national/article522162.ece
Rs. 500 cr. sanctioned for this year; High Courts given flexibility to use funds
Union Law Minister Veerappa Moily on Sunday announced that the action plan to bring down the arrears of cases pending in various courts from 15 to three years was gaining momentum. With proper infrastructure being put in place it would be implemented soon.
Speaking to journalists after participating in the regional meeting of State governments and High Courts here on implementation of the recommendations of the 13th Finance Commission, Mr. Moily said the meeting discussed the common strategy on the plan of action for the judiciary following the allocation of Rs. 5,000 crore spread over five years.
Mr. Moily said that for this year already Rs. 500 crore was sanctioned and the High Courts were given flexibility to use the funds in an appropriate manner.
He said that besides the Rs. 5,000 crore allocation, an additional Rs. 8,000 crore for various States (excluding Allahabad and Delhi) would be provided on a one-time basis for improving court infrastructure. The Centre’s plan to set up an all-India judicial services forum might not take off soon due to lack of unanimity among States. “The debate would continue. We do not wish to impose ourselves. The Department of Justice in the Law Ministry will prepare a consultation paper and seek the views of all concerned and a decision would be taken after due deliberations.”
Gram Nyayalayas
On the opposition from States for establishment of Gram Nyayalayas, he said the Centre was willing to release extra funds to the States. He pointed out that the railways were anxious to work out a system under which mobile courts in rural areas could be established on trains. The concept of Family Courts does not seem to have found favour with certain States.
The Minister said a suitable law could be introduced to ensure that all family related issues were dealt with by a single court, saving litigants the trouble of visiting multiple courts. He said efforts were being made to fill up vacancies in subordinate and High Courts on a war footing and meritorious candidates with integrity would be selected to fill the posts.
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Don’t quash criminal charges at threshold: Supreme Court
http://www.thehindu.com/news/national/article522264.ece
The Supreme Court has asked the High Courts to exercise caution while exercising jurisdiction under Section 482 of the Criminal Procedure Code in quashing criminal proceedings against the accused that are pending in lower courts at the threshold stage.
“The High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not, or whether on a reasonable appreciation of it, accusation would not be sustained. That is the function of the trial Judge/Court,” said a Bench comprising Justice P. Sathasivam and Justice Anil R. Dave.
“It is true that the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, otherwise it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person needlessly,” the Bench said. “At the same time, Section 482 [of the Cr.PC] is not an instrument handed over to an accused to short-circuit a prosecution and bring about its closure without full-fledged enquiry.”
Writing the judgment, Justice Sathasivam said “though High Court may exercise its power relating to cognizable offences to prevent abuse of process of any Court or otherwise to secure the ends of justice, the power should be exercised sparingly. Though the powers possessed by the High Court under Section 482 are wide, however, such power requires care/caution in its exercise. The interference must be on sound principles and the inherent power should not be exercised to stifle a legitimate prosecution.”
In the instant case, the State of Andhra Pradesh filed an appeal against a judgment of the Andhra Pradesh High Court quashing criminal proceedings initiated against respondents Gourishetty Mahesh and three others under the Andhra Pradesh Excise Act for possessing black jaggery.
Allowing the appeal and directing the prosecution to continue, the Bench said “in this case apart from specific allegations about the transportation of Jaggery for preparation of illicit distilled liquor, prosecution also placed reliance on laboratory analysis report which mentions that the transported Jaggery is fit for fermentation, producing alcohol unfit for consumption. In those circumstances, whether the raw material in existence would be sufficient for holding the accused persons concerned guilty or not has to be considered only at the time of trial. That being so, the interference at the threshold {stage of} quashing the FIR is to be exceptional and not like routine as ordered by the High Court in the present case.”
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Court not to discharge woman from cases
http://www.thehindu.com/news/cities/Madurai/article517198.ece
“Madurai fast-tract court had rightly rejected her pleas”
The Madras High Court Bench here on Wednesday refused to discharge A. Jayalakshmi of Sivakasi from four cheating cases pending trial before a lower court here.
The Central Bureau of Investigation (CBI) had booked the cases against the woman for indulging in criminal activities between 2000 and 2004 by exploiting her proximity to a few police officers.
Dismissing all four criminal original petitions filed by the accused as not maintainable, Justice R. Mala said that a prima facie case had been made out against the petitioner as mentioned in the charge sheets.
She also held that the Additional Sessions Judge (Fast Track Court-II) and the Chief Judicial Magistrate in Madurai had rightly rejected similar discharge petitions filed by the petitioner.
In 2004, the Madurai Bench had suo motu treated a letter written by Ms. Jayalakshmi’s father as a habeas corpus petition because he had levelled several charges, including sexual harassment, bigamy and illegal detention, against more than 20 police officers.
Subsequently, the woman was produced before the court and the matter was referred to the CBI for a thorough investigation.
The CBI found out that the woman had cheated many individuals by utilising her closeness with some police officials.
In one case, she was accused of taking Rs.1 lakh from a financier in Karur after impersonating as a former police officer and in another case, the woman had allegedly taken Rs.2 lakh from an individual under a false promise of getting a job for his daughter in the police department.
The third case against the woman related to taking 16 sovereigns of jewellery from a shop without payment of money and pledging it with a private banking firm.
She was also booked for not paying Rs.16,385 to another jeweller in Madurai after purchasing some jewels in 2003.
Men Who Cry
http://www.openthemagazine.com/article/living/men-who-cry
Men Who Cry
RP Chugh: Known as the ‘Father of the Men’s Movement in India’. He started it all with his launch of the Patni Atyachar Virodhi Morcha. (Photo: ASHISH SHARMA)
Sachit Dalal: A project manager with an infotech firm, he is a member of the Save Family Foundation, Delhi.(Photo: ASHISH SHARMA)
Virag Dhulia: A Software engineer, he is a member of the research team of the Save Indian Family Foundation, Bangalore.(Photo: MANJUNATH KIRAN)
MR Gupta: An engineer from IIT, he started Protect Indian Family Foundation (PIFF) in Mumbai.(Photo: ALIEFYA VAHANVATY)
Durga Kollu: A software engineer, he started Sahana, a Hyderabad-based NGO for aggrieved husbands.(Photo: ANIL KUMAR)
Nine hundred newspaper articles in 2009. Phew! That is a lot of media attention given to husband organisations and their grouses. Organised male victimhood seems to be catching on. Last heard, members in Chhattisgarh, Jharkhand and Orissa have started local chapters and are waiting by their mobile phones to take calls by husbands who need to vent. Women’s groups are reporting gatecrashers from groups of men who want to be represented in their programmes.
Blogs, Yahoo groups, weekly meetings, radio and television programmes, telephones, websites, posters, no media is being left unused to galvanise male oppression into a mass movement.
In the 198os, a lawyer who came to be known as Comrade Chugh had a similar idea. It was a turbulent decade, a time when the anti-dowry movement was at its peak and had succeeded in making itself felt. RP Chugh, a Marxist who began his activism ironically with the Nari Raksha Samiti and the women’s movement of the communist party, changed tack to launch the Patni Atyachar Virodhi Morcha. Chugh might be last century’s news, but he is not without next generation followers.
“If you go on the internet today, you will find that crores of people are with me,” says the 65-year-old Supreme Court advocate and President of the campaign now rechristened Man Cell. At his residence in New Delhi’s Shalimar Bagh, the walls of the front room are covered with newspaper and magazine clippings featuring him, some of them dating back 30 years. The media loved him.
“Take a look at the infotech professionals today. Many of them have started similar groups at my insistence. They used to be with me. I told them to start their own organisations. If you stick with one group, there won’t be any impact. They are coming up now,” he says.
Indeed, the decade that witnessed the passing of the landmark Domestic Violence Act is seeing a second wave of sorts of a campaign against “women and women’s laws which are abused”, as Chugh puts it.
Bangalore, India’s hugely successful brand in the West, is the headquarters of “the men’s organisation,” to quote one of its members. The Save Indian Family Foundation (Siff), an umbrella group, has activists and helplines in over 50 cities in 20 states. They also have NRI helplines.
Started in 2005, Siff claims on its website to have ‘30,000 members on the ground and over 3,500 on the internet who are fighting this legal terrorism with vigour and passion like commandos’ and that its members include ‘most educated, qualified and talented (intelligentsia) people like engineers, management gurus, bureaucrats, media personalities…’ (the list goes on).
Then there are smaller, independent organisations that have mushroomed in the last couple of years in different cities. Lets list a few for effect.
Gender Human Rights Society, New Delhi, Protect Indian Family, Mumbai, Bharat Bachao Sangathan, Kolkata, Sahana, Hyderabad, Asha Kiran (not related in any way to the NGO in Delhi), Bangalore, Protect Men’s Rights, Orissa, Pati Pariwar Kalyan Samiti, Lucknow, Association of Protection of Men’s Rights, Chennai, Gujarat Gaurav Raksha Samiti, Purushak Sangrashan Sanstha, Nasik, All Kerala Forum For Social Justice and Legal Studies, Kerala.
There are 28 such organisations, some of them all-women groups (comprising mothers-in-law and sisters-in-law).
Says Wasif Ali of the Safe Family Foundation, the New Delhi offshoot of the online community that began in 2005 and eventually gave rise to local groups: “Before we started this campaign, talking about problems of men was considered politically incorrect. We had to create an awareness campaign. Things are beginning to change now. The men’s movement is still in its infancy.”
Why then call themselves ‘Save Family’ or ‘Protect Indian Family’ instead of, say, ‘Save Man’? To which Wasif says, “Family means husband, his mother, his sister. This is Save Indian Family, the husband’s family. It is not about saving marriages”. What about the wife and her family? “For that, there are 20,000 NGOs.”
SATURDAY MEETINGS
Every Saturday evening, members of the Safe Family Foundation (SFF) meet at Delhi’s Patiala House Court Complex, where incidentally some of them are fighting charges under, among others, Section 498A of the Indian Penal Code that refers to ‘cruelty by husband or relatives of husband’, a section that was inserted in 1983 to combat dowry killings.
Meetings are seen as being vital to the campaign. “This is what we call group therapy. Just like Alcoholics Anonymous, where people meet to share their problems, we find that when we share our problems, they somehow get diminished,” says Niladri Shekhar Das, a civil engineer, also secretary of another group called Gender Human Rights Society.
“We teach them how to fight the cases, how to file counter-cases, how to use the RTI Act (Right to Information), and we refer them to others with similar problems,” he says. So there are legal provisions that husbands can use to pre-empt and counter allegations by their wives.
The RTI Act has become hugely popular in these circles and is used quite regularly by members to seek details on police investigation into their cases, information about in-laws, government statistics and so on.
Das says “gender-biased laws are breaking up families in India” and believes that “they are hurting women”. He has a theory on why so many cases end up in court. “In most of the cases here, the wives have psychiatric problems. It can be medically proven.” Surely, all wives who take recourse to the law can’t be mentally ill? “These girls think that some serious injustice has been done to them. Therefore, they go to the policeman or lawyer instead of going to a psychiatrist. These kind of girls have low-self esteem issues. And they also try to alienate the husband from his parents.”
It certainly must be a theory that sells. From a three-member online community, SFF in New Delhi today has over 200 volunteers, dedicated to the media and internet campaign.
Sachit Dalal, a project manager with an infotech firm who has been with SFF since its inception, has recently filed for divorce after six years of marriage. “Today women are expecting to command the house. If she wants to do that, then she has to prove herself. That is going to take five years, ten years. My mother did it.” Sachit believes women have been given “unnecessary legal power”.
The shared sense of being socially persecuted has to be heard to be believed.
Allegations by members at such meetings fly thick and fast. Crime statistics on women are rubbished. Women’s groups are dismissed as money-making rackets. Laws to protect women are judged counter-productive, even harmful to women. The Dowry Prohibition Law is declared a tool for extortion. The Women’s Reservation Bill is declared violative of the rights of men.
And then the question of dowry. “Who says dowry is about money? Dowry is for security,” says Shoni Kapoor, a regional manager with a software company.
The “urban elite” and “educated middle-class” women come in for a lot of flak. “In urban areas, especially among the middle-class, the law is more prone to misuse. If the same woman did this in Bulandshahr, she will be a social outcaste. We are fragmented in bigger cities, and so the law gets misused. The law has lost relevance in most parts of the country,” wails Kapoor.
There is talk of what Wasif refers to as “male disposability”. Men, he says, are born to suffer. Wasif offers an analysis. “You want to know why women are doing this? The roots are in feminism.
The second wave of feminism influenced a lot of women. Divorce is now seen as a sign of liberation.”
A backlash to the post-liberalisation ‘urban, educated, professional woman’ and her expectations of marriage seems to have arrived in all its fury. Madhu Kishwar, well-known for her role in the anti-dowry movement of the 1980s, is today one of the strongest critics of India’s anti-dowry legislation (‘Destined to Fail’, Manushi, 2005) and the Domestic Violence Act (‘Well-intentioned but Over-ambitious’, Manushi, 2006). What does she make of these groups? “These are anti-feminist NGOs… I see this as an inevitable backlash to the callous insensitivity of the feminist movement in India. You will see that if there is anyone they (anti-feminist groups) are willing to talk to with a measure of respect, it is me. They represent a well-deserved backlash.”
Pulitzer prize-winning American journalist Susan Faludi, in her groundbreaking book published in 1991, Backlash: The Undeclared War on American Women, writes, ‘The anti-feminist backlash has been set off not by women’s achievement of full equality but by the increased possibility that they might win it.’ Faludi talks about this backlash as being ‘at once sophisticated and banal, deceptively ‘progressive’ and proudly backward. It deploys both the ‘new’ findings of ‘scientific research’ and the dime-store moralism of yesteryear; it turns into media sound bites both the glib pronouncements of pop-psych trend-watchers and the frenzied rhetoric of New Right preachers.’
MORE VOICES
Conversations with members in other cities, from other organisations, excite similar sentiments. There is no missing the overwhelming nostalgia for the pre-liberalisation idyll, for joint family traditions, for life in small towns.
For the aggrieved, this campaign is a highly emotional affair that has won their unwavering commitment in terms of time and resources. Ananth Ram, 37, a government employee, has been fighting a 498A case for six years now. He, his father and brother, spent a month in jail.
“The judicial system in this country is third rate. Six years of my life is gone. I am sorry to have to say this, but it is unfortunate that I was born in India.” The legal battle exhausted Ananth Ram. To him, this has become a “movement for justice”. At Asha Kiran, where he first went for advice, he now counsels. “We advise couples to adjust with each other.”
Durga Kollu is a 32-year-old software engineer based in Hyderabad. He started Sahana in 2005. The majority of those who come to him, he says, are between 25 and 30 years, and have been married for not more than three years. “Pressure from the wife and her parents to start a separate family without the in-laws, control over money, pre-marital affairs, constant threat of 498A, suicide threats by the wife—are some common problems men face these days,” he says.
Kollu got married in 2006. He and his wife and daughter live with his parents. He says, “The problem is, all those who start these organisations have in some way or another suffered due to the Indian legal system or at the hands of some women… so they lose all respect for women and create hatred towards them, which is not good for a healthy society.”
In Mumbai, 58-year-old MR Gupta, an engineer from the Indian Institute of Technology, started Protect Indian Family (PIF) in 2006. Gupta is now studying law. He says he is not against laws that protect women, but, “Laws should not interfere in a marital relationship. This is a social problem. There should be workshops to help inculcate tolerance. Laws break marriages.” The legal scrutiny of marital relationships has stripped the Indian middle class home of its privacy like never before.
And the backlash has been swift and widespread. Vocal and unapologetic, these platforms make no pretence of what they stand for. They are the ultimate reality show on the great Indian middle class marriage.
FEMINIST ANALYSIS
Nivedita Menon, professor of Political Thought at Jawaharalal Nehru University’s School of International Studies, who writes on Indian politics from a feminist perspective, says, “Politically, it is good to have this voice because it very clearly reveals what the family is about. It articulates the violence and the core of the family so clearly, and, in doing so, exposes it.” Menon sees the emergence of such groups as a regrouping of patriarchy and a sign of the success of legislation.
Vrinda Grover, a Supreme Court advocate and director of Marg (Multiple Action and Research Group), a legal advocacy and research group, says these laws are bound to unsettle some precisely because they are “meant to counter an entrenched interest, an entrenched discrimination, an entrenched violence”. What is interesting with these groups, says Grover, is the level of righteousness with which its members put forth their views. “That comes from their perception of a culturally subordinate and socially subservient position of women, which the law is trying to challenge and overturn. Therefore, these groups come across as ‘what have we done wrong?’”
That brings us to the one argument on which this whole campaign has been publicly sold—the “rampant misuse of law”. It is an argument that has succeeded in influencing the mind of many Indian males quite convincingly.
Professor Menon analyses the premise of the ‘misuse’ argument. “These men actually believe they were falsely accused because what they are saying is: ‘That is what a family is supposed to be, as a wife you are supposed to give up everything that you thought you were, we have expectations of you, which you are supposed to fulfill. That is marriage’. And women are refusing to recognise that as marriage. The men are right to say in a sense, ironically, that they are being falsely accused—because all they were doing was functioning as a proper patriarchal family.”
Grover brings in the legal perspective. “The kind of propaganda that these people do which is based on data and on statistics can be challenged. Anybody who has worked in this sector knows that this data can be torn to shreds within minutes.”
Grover asked a public prosecutor why so many women witnesses turn hostile and why so many cases end in acquittals. “Once you start unmasking the figure, the story becomes clear. The women turn hostile because in criminal law there is not much space for negotiation. Either she has been told to back off or that they will pay alimony, or maybe they have struck a compromise and the husband has agreed to behave himself. They will keep telling you that so many women turn hostile. That doesn’t mean that the women lied in the first place and/or that they are lying now,” she says.
Should women’s groups be countering the information blitzkrieg that has been unleashed on the internet and in the news media? The campaign, after all, makes no bones about its resentment towards women’s groups and their role in society and politics. Although women’s groups have been directly confronted on occasion, no public engagement or reaction has emerged yet from any of it so far.
Says Nilanju Dutta, project associate at the violence intervention team at Jagori, a New Delhi-based feminist resource centre, “For hundreds of years, women have had no option but to suffer silently. Now that we have been given a law against domestic violence, the men are up in arms? This is unfair. Let them bark. I don’t think we should worry. When there is change, there is always upheaval.”
Indian anti-dowry and domestic violence laws, says Professor Menon, treat the family as a public institution to which public laws apply. “That is obviously going to create a huge crisis for the family. It is not surprising that the category of people who benefitted from this kind of ordering of society will resist these laws. What is surprising is that it hadn’t happened earlier.”
Applying athlete’s methods to SIF counselling
Based on above research, here is my analogy on how to apply counselling of
new SIF members. It is at best an analogy so should not be taken too far.
1. First let the new member develop Broad External view of the whole
scenario – lawyers, police, courts, the system; why things are they way they
are. Do not rely too much on giving specific and deep legal advice. that
belongs to domain of narrow external. The person cannot digest it, and even
if he understands some of it he is NOT READY YET to apply in practice. But
do give basic legal advice at this stage so person can survive for now, and
read up legal stuff for next 2-3 months. Focus should be on interacting
with other members, and living life day to day without any hurry to solve
the case, or trying to get a quick fix for all the problems like 498a, DV
etc!
2. Broad Internal is where older members discuss their own success
stories on filing DP3, TEP, RTIs on opponents, wins in courts etc. Also
new member going to courts in others’ cases and seeing how the court
procedures happen, how lawyers talk, their competence/incompetence, how
judges give next dates, judges’ attitudes etc and so on. It sets the stage
for further training of the new member.
3. Once person has some hang of the broad external and broad internal,
he can be prepared for Narrow External. How to apply the techniques – TEPs,
RTI on opponent party etc. for HIS OWN case. He is now able to get it by
own research and interaction with SIF members. By now he should have
created good rapport with at least few other SIF members with whom he can
discuss his case, and they also know his case by now.
4. The final stage is applying the techniques in Narrow Internal
domain. convincing your own family members about your approach, actual
filing of RTI and follow up, going to court in your own cases; convincing
lawyer, mediator, CAW cell about what YOU want and how YOU want things to be
done.
What happens if we do not follow a broad approach like above. We may tell a
new member on first day to file RTI on opponent party, or techniques to deal
with lawyer or mediator. But when he goes home and his parents/ siblings
are the first to tell him he is out of his mind, or this SIF is some bunch
of crazy people. That he should pay money to wife and remarry, and move on
with his life. Actually he is not yet ready to apply the SIF’s techniques,
and he is unable to convince even own family members. This process takes
3-6 months at least, and in the meantime it is enough if he comes to
meetings and does above things.
Regards,
Yodha
Based on above research, here is my analogy on how to apply counselling of
new SIF members. It is at best an analogy so should not be taken too far.
1. First let the new member develop Broad External view of the whole
scenario – lawyers, police, courts, the system; why things are they way they
are. Do not rely too much on giving specific and deep legal advice. that
belongs to domain of narrow external. The person cannot digest it, and even
if he understands some of it he is NOT READY YET to apply in practice. But
do give basic legal advice at this stage so person can survive for now, and
read up legal stuff for next 2-3 months. Focus should be on interacting
with other members, and living life day to day without any hurry to solve
the case, or trying to get a quick fix for all the problems like 498a, DV
etc!
2. Broad Internal is where older members discuss their own success
stories on filing DP3, TEP, RTIs on opponents, wins in courts etc. Also
new member going to courts in others’ cases and seeing how the court
procedures happen, how lawyers talk, their competence/incompetence, how
judges give next dates, judges’ attitudes etc and so on. It sets the stage
for further training of the new member.
3. Once person has some hang of the broad external and broad internal,
he can be prepared for Narrow External. How to apply the techniques – TEPs,
RTI on opponent party etc. for HIS OWN case. He is now able to get it by
own research and interaction with SIF members. By now he should have
created good rapport with at least few other SIF members with whom he can
discuss his case, and they also know his case by now.
4. The final stage is applying the techniques in Narrow Internal
domain. convincing your own family members about your approach, actual
filing of RTI and follow up, going to court in your own cases; convincing
lawyer, mediator, CAW cell about what YOU want and how YOU want things to be
done.
What happens if we do not follow a broad approach like above. We may tell a
new member on first day to file RTI on opponent party, or techniques to deal
with lawyer or mediator. But when he goes home and his parents/ siblings
are the first to tell him he is out of his mind, or this SIF is some bunch
of crazy people. That he should pay money to wife and remarry, and move on
with his life. Actually he is not yet ready to apply the SIF’s techniques,
and he is unable to convince even own family members. This process takes
3-6 months at least, and in the meantime it is enough if he comes to
meetings and does above things.
Regards,
Yodha
Of Husbands at the Receiving End
Of Husbands at the Receiving End
Regardless of the overall powers that Section 498-A of the Indian Penal Code has given women in this country, a slimey section of urban middle-class India is abusing it
A group of mothers-in-law, part of the All India Mothers-in-law Protection Forum, meet on a Sunday at Cubbon Park, Bangalore (Photo: MANJUNATH KIRAN)
But less than hundred metres from a snapshot of bucolic bliss, a retired gentleman standing in the balcony overlooking his farm is getting phone calls that rip the heart out of notions like domestic harmony and marital bliss. The man, Balmiki Nayak, is a counsellor in the newly instituted All India Mother-in-Law Protection Forum (AIMPF), and is yelling back instructions in chaste Hindi to a young man in Greater Noida, Uttar Pradesh, who has an FIR filed against him and his parents by his wife for dowry harassment. The name of the organisation may give one the impression of mothers-in-law being harassed, but in truth, it is a collection of fathers-in-law and theirs sons primarily.
“The institution of marriage as we see it in India,” says Nayak “is going for a toss. And this is especially true of middle and upper-middle class India.” On any given day, Nayak receives up to 20 phone calls from places as diverse as Bangalore, Hyderabad, Meerut, Kolkata, Chennai, Delhi, Mumbai, Orissa, Dubai, Doha and Muscat and beyond. These are from young married men whose wives have accused them and their families of harassment by invoking Section 498-A and dowry harassment. Nayak tells anxious callers of the modus operandi of the ‘affected wives’. He details them of the ins and outs of Section 498-A and dowry harassment and informs callers about what to do when confronted by the police. He feels, regardless of the overall powers that Section 498-A of the Indian Penal Code (IPC)—it kicks in when a husband or relative of his subjects the wife to cruelty—has given women in this country, a slimey section of urban middle-class India is abusing it. A victim of such an ‘abuse’ himself, Nayak cites a telling example of another family that went through similar pangs.
The Mohantys, a middle-class family of three from Orissa, were looking for a bride from the state for their only son, Vineet, a software engineer in Bangalore. After several meetings with potential alliances, they zeroed in on one girl from a similar middle-class background.
Before marriage, the girl and her parents were invited to stay for a week at her potential in-laws’ place to acclimatise themselves to the new environment. The girl’s father insisted on buying a bigger bed for her daughter. The boy’s parents did not ask for dowry. Everything was hunky-dory. Boy and girl got married.
Within a fortnight of the marriage, things started to change. The girl would routinely badmouth her in-laws and husband for no apparent reason. She would lock herself up in the room and be in constant touch via mobile phone with her folks in Orissa. One fine morning when the husband and father-in-law were away, the girl’s brother landed up at the house. The girl and her brother cornered the mother-in-law and sped off to Orissa along with her belongings. The next day, the Mohantys heard news that a case of dowry harassment has been filed from Orissa. Before the cops landed, they had their anticipatory bail ready. These happenings, Nayak emphasises, are the crux of the stories that have played out in the lives of the members of the AIMPF. They meet and discuss these issues every Sunday at Cubbon Park in central Bangalore.
Virag Dhulia, who suffered a similar trauma and is an executive member of the AIMPF, says, “In principle, Section 498-A and dowry harassment laws are meant to protect harassed wives. True, in large parts of India, especially rural India, women go through hell. But in the case of the members of the AIMPF, we have only seen the law being abused, husbands unfairly harassed and the parents of the son undergo mental trauma.”
Formed in late September this year, the AIMPF, has ‘moral backing’ of the Save Indian Family Foundation (Siff), and has been organising a range of activities for raising awareness on how Section 498-A and dowry harassment laws have been misused. They have also been approaching the Government of India for institutionalising an organisation for men’s issues.
“If there’s a National Commission for Women, why not a National Commission for Men?” asks Dhulia. “There’s a problem as far as the role and function of men in Indian society is concerned. Let’s face it, we’re living in a time when the urban educated woman is clearly standing up to men, and outshining them on several fronts. Why then, do we have a blanket law like Section 498-A? Also, invoking this law immediately puts the girl’s in-laws and the husband in jail. But what happens if the boy and his parents are found not guilty? Shouldn’t the boy and in-laws of the girl be compensated? Why shouldn’t the girl be fined for pressing false charges?” fumes Dhulia.
Naveen Kumar, another software engineer whose wife has pressed harassment charges against him, highlights another point. “In many of the cases, it’s not the girl acting in isolation. There’s a larger network of police and lawyers working in cahoots to execute Section 498-A, no matter how flimsy the grounds for its invoking.” His arranged marriage lasted just four months. “In the case of my marriage, the divorce lawyers were the ones who gave information about 498-A to her parents.” When Open got in touch with his wife, she refused to talk.
After a trial that lasted nearly two years, Naveen Kumar and his family were found not guilty. When his wife had pressed charges, Naveen’s mother and retired pensioner father, nearly spent a night in jail before getting bail. His mother gets teary-eyed recounting the duress. “The girl abused us. Look at us, do we look like monsters?” she asks pointing to her son and husband.
On its part, the AIMPF is expanding as an organisation. This month, the Andhra Pradesh chapter was opened, and they are in the process of creating more state-level forums. They already have a kind of ready reckoner called Section 498-A and Domestic Violence Act (DVA) 2005 Survival Kit. It spells out to affected husbands and their parents what to do and what not to when the daughter-in-law invokes these laws.
The AIMPF has approached the National Commission for Women (NCW) on a number of occasions. The forum wants the NCW to note that provisions of both DVA 2005 and Section 498-A have been roundly abused by some married women, and to put certain strictures to check the misuse of marital laws.
When contacted by Open, an NCW spokesperson refused to comment on the matter. The AIMPF has also been emailing its concerns to various governmental departments including the Prime Minister’s Office, the Ministry of Law, and Ministry of Women and Child Development.
Sudha Sundararaman, general secretary, All India Democratic Women’s Association, (AIDWA), Delhi, is somewhat sympathetic to the cause of the AIMPF. “We need to understand, that mothers-in-law are women too. If there are grievances as far as the misuse of Section 498-A and Domestic Violence Act of 2005 are concerned, they need to be addressed. But let’s not forget that these laws are only the beginning in terms of legal empowerment for wives, women and mothers in India. Just because there are some cases which have been the raison d’etre for the AIMPF, doesn’t mean the law itself need be rejigged.”
A few Sundays from now, the AIMPF is planning to hold a dharna in central Bangalore to draw public attention to the issue. At last count, AIMPF’s membership has gone up to more than 200. “In an ideal society, an organisation calling itself a mother-in-law protection forum must not even exist,” rues Neena Dhulia, Virag’s mother. “It’s ironic that our numbers are increasing. It just tells you how many lives are going haywire.”
Some names have been changed to protect identities
Domestic violence affects men too
Published in DNA, Bangalore on 18thjuly2010
Domestic violence against women has today gained enormous social and legal acceptance all over the world. However, while domestic violence on a woman has today become a socially accepted crime, domestic violence against a man has gained little acceptance in countries like India. This inconsistency begins to make sense when one considers the fact that while Male-on-Female Violence is seen through a criminal lens, Female-on-Male Violence is viewed more benignly.
While India spends over Rs1,200 core annually just to create awareness of domestic violence against women, the issue of domestic violence against men goes largely unaddressed.
A peer-reviewed US study on Domestic Violence done by MA Strauss, titled Dominance and symmetry in partner violence by male and female university students in 32 nations quotes the prevalence of bidirectionality of severe physical violence and has the numbers for 32 countries including India: 11.9 per cent of Indian couples face domestic violence; 15.3 per cent of times only the male is violent; 23 per cent of times only the female is violent; 61.5 per cent of times both are violent.
Indian domestic violence laws in particular are so badly drafted that they outright exclude even the possibility of a woman being accused of committing domestic violence against the male partner. Husbands are not even allowed to break free of abusive relationships since they only face mockery in courts.
According to statistics provided by the National Crime Records Bureau in the last 12 years (1996 – 2008) 170,000 husbands have been claimed by rampant domestic violence against them. In a shocking revelation of suicide statistics for the year 2008 reveals that almost double the number of married men have committed suicide in comparison to married women as the report corroborates. It states that in the year 2008, 57,639 married men committed suicide in comparison to 30,224 married women whereas the same figures for the years 2007, 57,593 and 30,064, 2006 are 55,452 and 29,869 and for 2005 are 52,483 and 28,188.
Indian society must start accepting the fact that men too can be victims of domestic violence and offer men the same sort of support structure as women. Studies must be commissioned to learn and understand the problems that men face in relationships and ways it can be addressed. Laws must be made gender neutral so justice is delivered irrespective of gender. It is high time that Indian men stand and speak up in unison for the government, society and the legal system to provide them with the same sort of support structure that they provide women.
dnasunday@gmx.com
The In Response column gives decision-makers and community leaders a chance to view their opinions on articles that appear in this newspaper
Demand after marriage also dowry
http://www.telegraphindia.com/1100718/jsp/nation/story_12697462.jsp
New Delhi, July 17: A demand for money even after marriage amounted to dowry-related cruelty, the Supreme Court has said, convicting a man who kept harassing his wife for Rs 5,000 for starting a new business.
A two-judge bench convicted Ashok Kumar under a clause that treats a woman’s unnatural death within seven years of marriage as a dowry-related death, unless shown otherwise, as it made clear that a demand for dowry needn’t only be before or during marriage.
However, customary payments in connection with the birth of a child or other ceremonies didn’t fall within the ambit of the word “dowry”, the court clarified in its judgment on July 8, 2010.
Kumar, whose wife Rekha died of burn injuries within two years of their marriage in October 1986, sold vegetables and wanted to open a shop for which he needed cash.
Rekha’s father Harbans Lal had given her as much dowry as he could for her marriage but her husband, brother-in-law Mukesh and mother-in-law Lajwanti kept harassing her for more and even beat her up. Among their demands were a refrigerator and a television set.
A week before she died, Rekha, who had a son, went to her father in Haryana’s Kaithal village and told him that her husband wanted to set up a new business for which he needed Rs 5,000.
Her father said he couldn’t rustle up the amount. After Rekha returned empty-handed, her husband and in-laws allegedly poured kerosene on her and set her on fire. She died on May 16, 1988.
In January 1989, a trial court held all three — Kumar, Mukesh and Lajwanti — guilty of causing the dowry death of a woman under Section 304-B of the Indian Penal Code.
The court jailed them for 10 years and ordered each to pay a fine of Rs 1,000. If they failed to pay the fine, they would have to serve another three months.
Kumar and the others then filed an appeal before Punjab and Haryana High Court. The high court acquitted Mukesh and Lajwanti but upheld Kumar’s conviction. Kumar then moved the top court.
Kumar argued that every demand by a husband or his family couldn’t be termed a “dowry demand” under the Dowry Prohibition Act, 1961. So his wife’s death couldn’t be termed a “dowry death”.
The court said it was accepted law that cases, where a wife dies after being harassed by her husband who has failed to get his father-in-law to cough up money, would be treated as dowry deaths.
Kumar tried to fall back on an earlier Supreme Court judgment that said demand for money to meet a financial need or urgent domestic expenses couldn’t be termed a dowry demand.
The court rejected his argument, saying in this case there was proof to show the harassment and torture followed the demand for money.
The bench said a reasonable link between a wife’s death and dowry-related harassment was enough to convict a man under the dowry law.
Justices B.S. Chauhan and Swatanter Kumar, however, reduced Kumar’s sentence to seven years on humanitarian grounds.
लव मैरिज करने वाले युवक के परिवार पर हमला
http://navbharattimes.indiatimes.com/delhiarticleshow/6181625.cms
पड़ोस की लड़की से लव मैरिज करना एक युवक और उसके परिवार पर भारी पड़ गया। लड़की के
परिवार वालों ने शुक्रवार देर रात घर में घुसकर पूरे परिवार पर धारदार हथियार से हमला कर दिया। घरवालों को डिस्ट्रिक्ट हॉस्पिटल में भर्ती कराया गया है। मामला कोतवाली सेक्टर-20 पुलिस का है। पुलिस ने मामला दर्ज कर कार्रवाई शुरू कर दी है।
सेक्टर-19 में राजबल अपनी पत्नी और भाई कुलदीप के साथ रहते हंै। कुलदीप ने 16 जून को पड़ोस में रहने वाले कमरपाल की बेटी संगीता से लव मैरिज कर ली थी। घरवालों की मर्जी के बगैर दोनों के शादी कर लेने से कमरपाल और उसका परिवार खफा था। दोनों परिवारों में तभी से रंजिश चल रही थी। शुक्रवार की रात कमर पाल ने अपने साथियों के साथ मिलकर राजबल के परिवार पर हमला कर दिया। राजबल उनकी पत्नी और कुलदीप को डिस्ट्रिक्ट हॉस्पिटल में भर्ती कराया गया है। सेक्टर-20 थाने मेें कमरपाल और उसके साथियों के खिलाफ मामला दर्ज कर लिया गया है। पुलिस ने जांच शुरू कर दी है लेकिन किसी को गिरफ्तार नहीं कर पाई है।
मर्डर केस में 19 साल से फरार पत्नी गिरफ्तार
http://navbharattimes.indiatimes.com/delhiarticleshow/6177675.cms
19 साल से फरार महिला अपने पहले पति के मर्डर के इल्जाम में गिरफ्तार कर ली
गई है। इस केस में उसके साथ गिरफ्तार हुए मुलजिमों को 18 साल पहले उम्रकैद हो चुकी थी। 60 साल की यह महिला नाम बदलकर दिल्ली में रहती थी।
कत्ल की यह वारदात 1986 में हुई थी। हुस्नआरा नाम की यह महिला तब कोतवाली इलाके के तहत यमुना पुश्ते पर रहती थी और अपने शौहर मुहम्मद रफीक से नाराज रहती थी। यमुना पुश्ते के प्रधान राम सिंह के साथ उसकी जान पहचान हो गई। रफीक को उनके रिश्ते पर ऐतराज था। 1986 में हुस्नआरा और राम सिंह ने रफीक से पीछा छुड़ाने का फैसला किया। राम सिंह ने अपने साथी लल्लू राम उर्फ पंडित जी को तैयार किया। तीनों ने मिलकर रफीक की हत्या कर उसकी लाश झुग्गी में डाल दी और आग लगी दी। उस मर्डर केस में कोतवाली पुलिस ने हुस्नआरा, राम सिंह और लल्लू राम को गिरफ्तार कर लिया था। राम सिंह और लल्लू राम को जमानत नहीं मिली और उन्हें अडिशनल सेशन जज एस. सी. मित्तल ने 11 अगस्त 1992 को उम्रकैद की सजा सुनाई।
हुस्नआरा को 1989 में जमानत मिल गई थी। इसके बाद उसने कोर्ट में जाना बंद कर दिया। उसे 1991 में कोर्ट ने भगोड़ा घोषित कर दिया था। 19 साल से कानून उसका इंतजार कर रहा था। लाहौरी गेट के एसएचओ सुरेश कौशिक की टीम को खबर मिली कि हुस्नआरा अब जीनत के नाम से सीलमपुर में रहती है। हवलदार दिनेश कुमार की टिप-ऑफ पर उसे गिरफ्तार कर लिया गया। उसे तीस हजारी कोर्ट में पेश कर जेल भेज दिसा गया। अब वह किसी महेंद्र नामक व्यक्ति से शादी कर रहती थी। पुलिस को जानकारी मिली कि फरार होने के बाद उसने किसी दूसरे रफीक से शादी कर ली थी। उसकी मौत भी जलने से हुई थी। यह पुलिस को जानकारी नहीं मिली कि दूसरा रफीक किस हालात में जला था।
पुलिस ने झूठे रेप केस में फंसाया बुजुर्ग को
http://navbharattimes.indiatimes.com/delhiarticleshow/6177902.cms
अदालत ने पूर्वी जिला पुलिस की जांच पर सवालिया निशान लगाते हुए कहा कि उसने 65
साल के बुजुर्ग व्यक्ति को रेप के झूठे केस में फंसा दिया। अडिशनल सेशन जज अतुल कुमार गर्ग की अदालत ने आरोपी को बरी करते हुए डीसीपी (ईस्ट) को दोषी पुलिस अधिकारियों के खिलाफ कार्रवाई करने के निर्देश दिए हैं। अदालत ने तीन महीने के भीतर डीसीपी से स्टेटस रिपोर्ट मांगी है।
पेश मामले के मुताबिक, मयूर विहार इलाके में रहने वाली इंद्रावती (बदला हुआ नाम) की बेटी किसी युवक के साथ घर से चली गई थी। कुछ दिन बाद लड़की वापस लौट आई थी। इस संबंध में इंद्रावती का लड़के के परिवारवालों से कोर्ट में केस चल रहा था। इंद्रावती का आरोप है कि धर्म सिंह चौहान (बदला हुआ नाम) इलाके का प्रधान है। उसने महिला को भरोसा दिलाया कि वह लड़के वालों से उसका समझौता करा देंगे। इस संबंध मंे वह कई बार महिला से मिला। आरोप है कि 13 जून 2008 की रात प्रधान महिला से मिला। उसने इंद्रावती से कहा कि वह लड़के वालों को भी बुला लेगा। इस दौरान प्रधान उसे एक मकान के फर्स्ट फ्लोर पर लेकर गया। वहां पर दो लोग पहले से मौजूद थे। प्रधान ने उन दोनों की मदद से महिला के साथ रेप किया। महिला किसी तरह छूटकर अपने घर पहुंची। घर पहुंचकर उसने अपनी बहन को आपबीती बताई। इस बीच बहन का लड़का भी वहां पहुंच गया। उसी ने पुलिस को फोन किया। कुछ ही देर में पुलिस मौके पर पहुंच गई। पुलिस ने महिला के बयान पर 65 वर्षीय प्रधान को गिरफ्तार कर लिया।
अभियोजन पक्ष ने प्रधान पर आरोप साबित करने के लिए 14 गवाहों को अदालत में पेश किया। इनमंे से कई गवाहों ने अभियोजन पक्ष की स्टोरी को सपोर्ट नहीं किया। अदालत ने पुलिस की जांच पर सवाल उठाते हुए कहा कि केस के जांच अधिकारी सबइंस्पेक्टर संजय भट्ट ने न तो पीडि़ता की बहन का बयान रेकॉर्ड किया और न ही उसके बेटे का, जिसने पुलिस कॉल की थी। इसके साथ ही अदालत ने पीडि़ता से भी कई सवाल पूछे। पीडि़ता के पास इन सवालों का कोई जवाब नहीं था कि उसकी बहन का बेटा उसे कैसे मिला। उस वक्त वह कहां जा रहा था। इसके साथ ही पुलिस उस जगह का कोई सबूत पेश नहीं कर पाई जहां पर पीडि़ता के साथ रेप हुआ था। अदालत ने यह सवाल भी पूछा कि जिस मकान में महिला के साथ रेप हुआ, वह काफी भीड़भाड़ वाला इलाका है। बावजूद इसके महिला ने कोई शोर नहीं मचाया। अदालत ने कहा कि जांच अधिकारी ने आरोपी के अंडर गारमेंट जब्त करना भी जरूरी नहीं समझा, जबकि रेप जैसे संगीन केस में ऐसा करना जरूरी होता है। इन सब तथ्यों को मद्देनजर रखते हुए अदालत ने कहा कि पुलिस ने यह झूठा केस बनाया है इसलिए आरोपी को बरी किया जाता है।
अंगूठी पसंद न आने पर दुलहन ने तोड़ा रिश्ता
http://navbharattimes.indiatimes.com/delhiarticleshow/6181444.cms
रीदाबाद के सारन थाना क्षेत्र में शादी के मंडप में दुलहन ने
दूल्हे से सोने की
जगह चांदी की अंगूठी मिलने पर शादी करने से इनकार कर दिया। दूल्हे के परिजनों ने शादी करने की जिद की, तो दोनों पक्षों में जमकर कहासुनी हुई और दुलहन पक्ष के लोगों ने दूल्हे व उसके पिता का मुंह काला कर दिया। हंगामे के बाद दूल्हा बगैर दुलहन लिए बरात के साथ वापस लौट गया। मामले की जानकारी पुलिस को दी गई, लेकिन कोई केस दर्ज नहीं किया गया। पुलिस का कहना है कि दोनों पक्षों ने एक दूसरे से लिया सामान वापस कर दिया है और दोनों में समझौता हो गया है।
सारन थाना क्षेत्र के डबुआ कॉलोनी में रामकुमार (सब नाम बदले हुए हैं) का परिवार रहता है। रामकुमार ने अपनी बेटी कामनी की शादी कुछ दिन पहले पटना के रानीपुर खिड़की में रहने वाले रमेश के बेटे राजीव के साथ तय की थी। बताया जा रहा है कि राजीव शादी करने के लिए 8 दिन पहले रिश्तेदारों के साथ पटना से फरीदाबाद आ गया था और बुधवार को राजीव व कामनी की सगाई हुई थी। शुक्रवार रात राजीव कामनी के घर बरात लेकर पहुंचा और शादी की रस्में शुरू हुईं। बरात के खाना खाने के बाद फेरों पर मंडप में आने के लिए राजीव की ओर से कामनी के लिए जूलरी भेजी गई।
जूलरी में सोने की जगह चांदी की अंगूठी पर सोने का पानी चढ़ा देखकर कामनी गुस्से से लाल हो गई और उसने शादी करने से इनकार कर दिया। इस पर बराती और दूल्हे के परिजन दंग रह गए। उन्होंने इज्जत का वास्ता देकर शादी करने की जिद की, लेकिन कामिनी के परिजनों ने भी उसका साथ देते हुए राजीव व उसके पिता रमेश का मुंह काला कर दिया। इसके बाद दोनों पक्षों में जमकर विवाद हुआ। रात भर दोनों पक्षों में शादी करने और न करने को लेकर बहस छिड़ी रही।
शनिवार सुबह दूल्हे के पिता ने मामले की जानकारी पुलिस को दी। जानकारी होने पर सारन थाना पुलिस मौके पर पहुंची और दोनों पक्षों के लोगों को थाने ले गई। पुलिस का कहना है कि शादी नहीं हुई और दोनों पक्षों ने एक दूसरे से लिया सारा सामान वापस कर दिया है। थाना इंचार्ज ओमप्रकाश ने बताया कि उनके पास किसी ने कोई कंप्लेंट दर्ज नहीं कराई है, इसलिए केस रजिस्टर नहीं किया गया है।
Whose law is it anyway?
http://www.hindustantimes.com/Whose-law-is-it-anyway/Article1-573876.aspx
Thirteen years after the Supreme Court ordered implementation of a set of guidelines to protect women from sexual harassment at work, the government has drafted a bill to replace the guidelines issued in the ‘Vishaka case’. The Prohibition of Sexual Harassment of Women at Workplace Bill, 2010 is expected to be tabled in Parliament this monsoon session.
It’s interesting to note that on March 10 this year, Pakistan enacted a similar law under which a culprit can be sent to jail. The Indian draft, however, does not go that far. A guilty employee can be sacked at the most and the victim compensated financially. If the act is criminal, the victim will then have to charge the offender under other laws.
But the Indian bill is ambitious at other levels. It covers a wide swathe of the workforce, including the estimated 118 million women in unorganised sectors such as agriculture, construction, handloom, domestic help, shops and small-scale industries — working on a regular, temporary, ad hoc or daily wage basis. Even students, NGO workers, research scholars, trainees and patients will be able to claim cover. Also, it offers a broad definition of harassment by “verbal, textual, physical, graphic or electronic” means.
If the bill becomes law, managements of all organisations employing more than 10 people will have to set up a mechanism for the filing of complaints and their redress. If a worker is at fault, the employer must act within 60 days.
But our bill protects only women. Most western countries, including the UK, Australia and France, have gender-neutral laws. In the US, where such laws vary between states, the share of harassment claims filed by men has doubled to 16 per cent between 1990 and 2009, says the US Equal Employment Opportunity Commission.
Brinda Karat, leader of the All India Democratic Women’s Association who was involved in the making of the draft, says, “The Bill has been drafted in the Indian context keeping in view the Indian experience and to suit the Indian situation. There is no question of making it gender-neutral.”
Girija Vyas, chairperson of the National Commission for Women (NCW), says the draft has been based on the Supreme Court’s Vishaka verdict, and recommendations of the Law Commission and NCW. “In most cases, women are the victims… We’ll see in the future if other cases come up.”
Shouldn’t there be a provision to deal with harassment by a person of the same sex? “Let [this draft] be passed. Let us see its implementation. As and when such a situation arises, we will think of it,” says Karat.
However, senior Supreme Court advocate Pinky Anand says, “There is no reason why the proposed law should not be gender-neutral — and protect both women and men. Today the possibility of either sex being harassed is a reality.”
NGOs want protection of men in sexual harassment bill
The NGOs under the banner of Save Indian Family Foundation said the draft bill, which is likely to be introduced in the monsoon session of Parliament starting July 26, should be discarded and a fresh gender neutral draft should be prepared.
The draft bill was prepared by the women and child development (WCD) ministry.
“The sexual harassment at workplace bill must be reviewed and amended immediately to make it gender neutral. The bill in its present form violates Article 15 of the Indian Constitution which prohibits discrimination against any citizen on grounds of religion or sex,” said Niladri Shekhar Das, general secretary of Save Indian Family Foundation.
The NGOs demanded that corporate bodies like FICCI (Federation of Indian Chambers of Commerce & Industry) and CII (Confederation of Indian Industry) and a corporate committee comprising equal number of male and female members be included while drafting laws to truly achieve equal opportunity at the workplace.
The proposed bill includes a clause which brings students, research scholars, patients and women in the unorganised sector within the ambit of the proposed law.
According to the government, the legislation will put pressure on the private sector, which has so far not been prompt in taking steps to check harassment of women employees.
The proposed law will ensure that a committee headed by a women is present in every firm to address cases of sexual harassment and a penalty is imposed on those who fail to follow the guidelines.
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