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Archive for July 2, 2010

MEMO to Prime Minister: Re Jail Bharo – 6th July

                                                                                                          02/July/2010

To,                                                                                                         Bangalore

Honorable Prime Minister of India,

Prime Minister’s Office, Room No: 148 B,

South Block, New Delhi – 110001

Subject: National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are supporting Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.

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.

National Family Harmony Society, hereby, announces our support to Mr. Ravindra Gangurde’s “Jail Bharo Andolan” as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.

Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.

T a b l e – 1

Sl No Question number House Name of  Member Answered on Subject
1 1409 RAJYA SABHA SHRI MOTILAL VORA  01.08.2003 MISUSE OF DOWRY PROHIBITION ACT
2 1610 RAJYA SABHA SHRI R.S. GAVAI  16.03.2005 INCREASING NUMBER OF FALSE DOWRY CASES
3 2698 RAJYA SABHA SHRI ABU ASIM AZMI  22.08.2005 AMENDMENTS TO DOWRY PROHIBITION ACT
4 2805 RAJYA SABHA PROF. RAM DEO BHANDARY  23.08.2006 HARASSMENT DUE TO DOWRY ALLEGATIONS
5 3876 RAJYA SABHA SHRI MAHENDRA SAHNI  10.05.2007 AMENDMENT IN ANTI DOWRY LAW
6 4501 RAJYA SABHA SHRI SURENDRA LATH  16.05.2007 MISUSE OF DOWRY PROHIBITION ACTs
7 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
8 1696 RAJYA SABHA SHRI LALIT KISHORE CHATURVEDI  05.12.2007 PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES
9 2933 RAJYA SABHA SHRI KAMAL AKHTAR  21.04.2008 STIFFER ANTI DOWRY LAWS
10 1474 RAJYA SABHA SHRI BRIJ BHUSHAN TIWARI  03.12.2007 AMENDMENTS TO DOWRY LAWS
11 1073 RAJYA SABHA SHRI AMAR SINGH  10.03.2008 AMENDMENT OF ANTI DOWRY ACT
12 304 RAJYA SABHA ABU ASIM AZMI  20.10.2008 MISUSE OF ANTI DOWRY ACT
13 440 LOK SABHA SHRI SANAT KUMAR 28.08.2001 Dowry Prohibition Act and Domestic
14 1012 LOK SABHA Shri RAMDAS ATHAWALE 06.03.2007 AMENDMENT IN DOWRY ACT
15 440 LOK SABHA Shri SANAT KUMAR MANDAL 20.02.2009 DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
16 2030 LOK SABHA Shri DALPAT SINGH PARASTE 30.11.2007 ABUSE OF ANTI-DOWRY LAW
17 193 LOK SABHA Shri RAGHUVIR SINGH KAUSHAL 16.11.2007 FALSE IMPLICATION IN DOWRY DEATH CASES
18 1181 LOK SABHA Kunwar REWATI RAMAN SINGH 21.08.2007 COMPLAINTS ON DOWRY BY NRIs
19 382 LOK SABHA Shri N CHELUVARAYA SWAMY SWAMYGOWDA 20.11.2009 MISUSE OF DOWRY PROHIBITION ACT, 1961S

 

Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”. Some of the observation of the Supreme Court and various High Courts are compiled below:

 

T a b l e –  2

Sl No Court Case Number/Reported Year Between
1 Supreme Court Writ Petition (C) No. 141 of 2005) 2005 Sushil Kumar Sharma Vs. Union of India (UOI)
2 Supreme Court Appeal (crl.) 206 2008 Som Mittal Vs Govt. of Karnataka
3 Supreme Court Appeal (crl.) 1716 of 2007 2007 Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr
4 Supreme Court 2000 (2) JCC (SC) 657: 2000 (5) SCC 207 2000 Kans Raj vs. State of Punjab and others
5 Delhi HC Crl.A.No.339-41/2005 2010
6 Delhi HC CRL.M.C.7262/2006 2007
7 Delhi HC CRL. R 462/2002  2003 Savitri Devi Versus  Ramesh Chand and Ors.
8 AP HC A. A. O. No. 1039 of 2001 2002 Saritha Vs R.Ramachandra
9 Punjab & Haryana HC (1990)2 Rec Cri R 243 1990 Jasbir Kaur vs. State of Haryanas
10 Supreme Court CriLJ 2993 2000 Kanaraj vs. State of Punjab
11 Karnataka HC 2002 CriLJ 3605 State Vs. Srikanth
12 Supreme Court 2002 CriLJ 4124 2002 Mohd. Hoshan vs. State of A.P.
13 Delhi HC 2003 CriLJ 2759 2003 Savitri Devi vs. Ramesh Chand
14 Punjab & Haryana HC 2003 CriLJ 3394 2003 Bhupinder Kaur and others vs. State of Punjab and others
15 Jharkhand HC 2004 CriLJ 2989 2004 Arjun Ram Vs. State of Jharkhand and another
16 Punjab & Haryana HC RCR (Criminal) 163 2002 Mukesh Rani Vs. State of Haryana
17 Delhi HC 2001 (2) JCC (Delhi) 86 2001 Anu Gill Vs. State & Anrs
18 Supreme Court AIR 2005 SC 1989 2005 Ramesh & Ors. Vs. State of Tamil Nadu
19 Delhi HC CHANDER KANTA LAMBA & ORS
20 ADDITIONAL SESSIONS JUDGE Revision No. 88/2008/2002 2002
21 Punjab & Haryana HC 2002 Krishan Jeet Singh vs State Of Haryana
22 Orissa HC 2003 Benumadhab Padhi Mohapatra vs State
23 AP HC Criminal Petition No. 6642 of 2007 2007 Kamireddy Mangamma and others
24 Allahabad HC CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010 2010 Sanjeev Kumar & Others vs State Of U.P.s

 

The Universal Declaration of Human Rights states:

  • Everyone has the right to life, liberty and security of person.
  • No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

 

In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.

National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.

Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.

According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.

Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.

While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.

In light of the above facts, we, the National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are extending our support to Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.

 

OUR Demands:

  • We request your personal attention to stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
  • No arrest before proper investigation in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Implement recommendations of Law Commission and “malimath committee” to make 498A bailable.
  • Bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Enclosures:

A)   The Commissioner of Police, Bangalore

B)   Circular by The DGP, Karnataka

C)   Advisory by Union Ministry of Home Affairs

D)   Arrest Guidelines by National Commission of Human Rights

E)    Letter from Mr. Gangurde calling for “Jail Bharo Andolan” – Marathi and English Translation

F)    Article from The Sunday Indian; Dowry Law Sec 498(A) – How and why the law is an ass.

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Categories: Prime Minister

Collection by Mahesh

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29.Undertrial jumps off hospital balcony dies

30.Woman lures mom, abducts male infant

31.Delhi – Doc mom injects twins to death

32.Woman arrested for murdering husband

33.Woman arrested with her friend for killing husband

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47.Sex with 13-year-old lands woman in jail

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50.Woman burglar arrested in city

51.Woman beheads son for demanding meal

52.Woman stabs lover to death

53.Woman robs octogenarian in city

54.Woman throws teenager out of train

55.Woman gets life term for killing husband

56.Depressed woman attacks stranger in mall

57.In a first, woman accused of chain snatching

58.Woman ‘Natvarlal’ drugs escorts, flees from custody

59.Drunken woman pulls autodriver’s hair, assaults cops

60.Woman kidnaps baby to aid her second marriage

61.Court serves notice to woman for false evidence

62.Court-serves-notice-to-woman-for-false-evidence

63.False complaint: Woman pays 5 lakh

64.3 kg ketamine seized from woman

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66.Woman steals 1.36kg gold at wedding

67.Six children rescued, woman arrested for trafficking

68.IITian murder case: Mystery woman missing

69.Woman driver gives cop a shock

70.Woman held with live cartridges at Lucknow airport

71.Woman, 2 others held for murder

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73.First woman jailed for drunk driving

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81.Locking-hubby-out-is-desertion-HC

82.Woman ‘bobbitises’ brother-in-law

83.Woman criminals: India’s most wanted

84.Woman jailed for seducing minor

85.Woman serial killer ‘Cyanide Mallika’ gets death sentence

86.Woman wanted for trafficking held at airport

87.Woman throws infant daughter in river

88.Woman who kidnapped infant nabbed in Noida

89.Indian-origin woman convicted of killing daughters in UK

90.Woman jailed for raping man

91.45-yr-old woman accused of marrying minor

92.Woman in twin murder identified

93.Woman tries to kill stepson, held

94.Woman abducts grandchild, demands Rs 1L

95.Woman kills lover’s mother, arrested

96.Woman pulled up by court for levelling false rape charges

97.Woman among 5 SUV-lifters caught

98.Fake woman S-I robs man of gold

99.Jealous woman bobbitises husband

100.Woman held for supplying sex workers

101.Woman gets husband killed, confesses

102.Woman arrested for killing four children

103.Woman gets 5 year jail for forcing minor into prostitution

104.Woman, lover held for husband’s murder

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107.Teen girl tries to rob again, caught

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111. Scotland’s ‘serial bride’ scandalises Indian society

112. Women MPs, MLAs too have criminal records

113. Rise of Women in world of crime

114. Abducted bank manager rescued

115. South Delhi woman held for lifting bags at IHC, police claim several cases solved

116. Delhi police bags high-profile female thief

117. Impersonating women caught by judge

118. Woman caught with fake currency worth

119. Women ‘drug couriers’ on the rise, says report

120. Crime: Women rubbing shoulders with men

121. Woman accused of drunk driving released on bail

122. At women’s jail opening, Patil seeks longer jail term for terror accused

123. 45-year-old woman suffering from cancer accused of duping banks, house-owners

124. Hooch tragedy: Woman suspect held

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127. Woman, two others arrested in flesh trade racket

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129. Woman threatens neighbour

130. Call records give the lie to rape charge

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132. 2 women arrested with drugs

134. Girl arrested for stealing laptops

135. Woman arrested in connection with alleged murder-for-hire plot

136. Woman arrested for poisoning two children

137. Woman held for killing children

138. Woman held for theft in shut factory

139. Woman dupes mother of land

140. Child lifter intercepted

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142. Job seeker duped by fake HR gang

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147.Woman held on charge of murder

148.Woman held for human trafficking

149.Woman held for duping contractors, villagers

150.Woman caught trying to kidnap baby

151.Woman held for carrying heroin

152.Woman robber targets ex-MLA’s wife alone at home

153.Indian origin woman jailed in U.K. for killing daughters

154.Woman posing as doctor held

155.Woman caught for possessing 114 tortoises in Howrah

156.New Delhi: Woman arrested, kidnapped child recovered

157.Tamil Nadu – Woman posing as Sub-Inspector relieves man of jewellery

158.Woman held on blackmail charge

159.Woman arrested for cheating

160.Woman, aide held for abduction-cum-murder

161.Woman held on charges of theft

162.Woman accused of cheating people surrenders

163.Woman trickster nabbed in Tirupati

164.Woman sentenced to 2 years imprisonment

165.Fake currency seized; woman arrested

166.One woman held with heroin

167.Woman poses as victim to claim relief

168.Woman held from SAT Hospital remanded

169.Woman `beats’ husband to death

170.Woman inspector to pay compensation

171.Woman who posed for ‘sting operation’ held

172.Police charge woman with killing daughter

173.Woman army officer gets one-year jail

174.Woman ISI suspect held at Kolkata airport

175.New Delhi : Woman held for husband’s murder

176.Woman held on cheating charge

177.Woman bank employee held in financial cheating case

178.Woman attempting to smuggle Ketamine held

179.Woman with revolver held at Mumbai airport

180.Woman held for `impersonation’

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196.Woman held on charge of pushing girl off bridge

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Categories: Crime by Women

RAJYA SABHA 01.08.2003

GOVERNMENT OF INDIA
MINISTRY OF   HUMAN RESOURCE DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   1409
ANSWERED ON    01.08.2003
MISUSE OF DOWRY PROHIBITION ACT . 
1409 . SHRI MOTILAL VORA 

(a) whether Government are aware that the provisions of the Dowry Prohibition Act are being misused;

(b) if so, the steps taken/proposed to be taken by Government to stop it; and

(c) if not, the reasons therefor? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI JASKAUR MEENA)

(a) There is no information about misuse of the Dowry Prohibition Act in the country with the Government of India.

(b)&(c) Does not arise.

RAJYA SABHA 16.03.2005

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   1610
ANSWERED ON    16.03.2005
INCREASING NUMBER OF FALSE DOWRY CASES . 
1610 . SHRI R.S. GAVAI 

(a) whether it is a fact that number of false dowry cases is increasing in the country;

(b) if so, the details of dowry cases registered during the last three years;

(c) whether it is also a fact that husband and his family get relief only after long periods of harassment;

(d) whether Government propose to bring any provision by making some changes in the said Act for registration of actual cases of dowry harassment;

(e) if so, the details thereof; and

(f) if not, the reasons therefor? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI MANIKRAO HODLYA GAVIT)

(a): As per statistics compiled by the National Crime Records Bureau, the number of cases of dowry death, which were declared false due to mistake of fact or of law during 2002 was 396 in comparison to 400 in 2001. The number of such cases further came down to 312 in 2003.

(b): The number of cases of dowry deaths reported during 2001-2003 are as under :

  Year  Number of cases

  2001   6851
  2002   6822
  2003   6208
(c): It depends on case to case.
(d) to (f):  There is no such proposal under consideration of the
 Government.  The direct responsibility for implementing the Dowry Prohibition
 Act, 1961, including registration and investigation of the cases of dowry
 related offences, is that of State Governments.

RAJYA SABHA 22.08.2005

GOVERNMENT OF INDIA
MINISTRY OF   HUMAN RESOURCE DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   2698
ANSWERED ON    22.08.2005
AMENDMENTS TO DOWRY PROHIBITION ACT . 
2698 . SHRI ABU ASIM AZMI 

AMAR SINGH 
 

(a) whether Government are aware that section 498-A of the Indian Penal Code enacted to prevent harassment to women for dowry is being misused by women to harass their in-laws;

(b) if so, whether Government propose to amend the Dowry Prohibition Act so as to avoid its misuse;

(c) if so, the details thereof and by when, if not, the reasons therefor; and

(d) whether it is also a fact that complaints against the in-laws and their family members are registered in the police stations even after lapse of ten or more years of the marriage and if so, the reasons therefor? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI KANTI SINGH)

(a) National Commission for Women (NCW) has informed that there is no statistical data available to prove that Section 498 A of the Indian Penal Code (IPC) is being misused by women to harass their in-laws.

(b)&(c) Does not arise.

(d) In terms of Section 498 A of the IPC, if a person being the husband or the relative of the husband of a woman subjects her to cruelty, he can be held guilty of offence under the said Section. Subjecting the woman to cruelty at any time during the marriage is culpable under this Section.

RAJYA SABHA 23.08.2006

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   2805
ANSWERED ON    23.08.2006
HARASSMENT DUE TO DOWRY ALLEGATIONS . 
2805 . PROF. RAM DEO BHANDARY 

(a) whether it is a fact that many families in Delhi are suffering due to exaggerated allegations of harassment and dowry cases made by women against their husbands and other family members, involving them in criminal misappropriation and cruelty; and

(b) if so, what action Government have taken with regard to the Judgement of the Delhi High Court of 19th May, 2003, directing Government to review and make suitable amendments in the IPC? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

( SHRI S. REGUPATHY)

(a): In some cases women complainants make exaggerated allegations against harassment by in-laws. While handling such cases adequate precautions are taken by Delhi Police to avoid any undue harassment to innocent relatives. Delhi Police has set up a Crime Against Women Cell and similar Cells in all the nine Police Districts. The CAW Cells, on receipt of complaints, initially take steps for reconciliation of the aggrieved parties through counseling and to find out real facts of the matter. If the reconciliation efforts do not succeed, registration of a case under appropriate section of IPC is recommended to the concerned DCP.

(b): The judgment dated 19th May, 2003 passed by the High Court of Delhi in Criminal Revision No. 462/2002 does not contain any direction to amend IPC.

RAJYA SABHA 10.05.2007

GOVERNMENT OF INDIA
MINISTRY OF   OVERSEAS INDIAN AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   3876
ANSWERED ON    10.05.2007
AMENDMENT IN ANTI DOWRY LAW . 
3876 . SHRI MAHENDRA SAHNI 

(j) whether it is a fact that Non-Resident Indians have made a demand to Government with regard to making an amendment in the Anti-Dowry Law; and (k) if so, the details thereof? 
ANSWER

THE MINISTER OF OVERSEAS INDIAN AFFAIRS

(SHRI VAYALAR RAVI)

(a)& (b): A couple of representations have been received against alleged misuse of Section 498- A of the Indian Penal Code and based on the comments of National Commission for Women and Crime Against Women Cell, Delhi Police, the Government is of the view that no dilution of the provisions relating to dowry is advisable considering the continuing violence against women and their subordination.