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Archive for April 15th, 2007

Supreme court of India – is our Judical system like a Fish Market?

Posted by 498A_Crusader on April 15, 2007

Supreme court of India – is our Judical system like a Fish Market?

Barbaric law – IPC 498A /DV Act – Our Mother /Sister are not Women!!!!

Dear Supreme court of India – What is your answer?

Recently Ms. Neha says ( She Claimed to be a women right activist ) , She will Prefer to advice not to continue a Married Life with a Modern Ram like Husband , as he dont have ego , he dont respect his own Judgement .

Yes , She is very right and that is the reason , today you will find all the Modern Ram , Laxman and their whole family behind the bar under Barbaric LAW IPC 498A . ( DV Act , where the husband and thier family will be thrown out of House in the name of Verbal abuse , Mental harrasement and economical abuse , but for the same offece for a dishonest wife forget any punishment ,there is no provision for a warning to them ) .

Where a whole sale free lincence given to all Modern Suparnakhsa and Modern Ravans and to further propsed Domestic Violence Bill will ensure that in our Society there should not be any Modern Ram , Modern Laxman .. only Modern Ravans will be there .

Hope the women activist like Neha , Indra Jai Sigh and all there supporter , want a situation in India where the Indian Women should stand in Delhi National High Way to get a men for a live together ( forget marriage ) , to get a part time Father for their Child .

Few days back one of my friend asked me , Swarup , if the Institution of marriage get killed how that will effect to Indian men ?? I think the Indian Women will face a very dangarous Life . The Institution of marriage required for a Women , not for a Men.

But the girls like Neha ,Indra jai Singh and thier supporters will not understand . They want a whole sale free lincence for adultry relationship ,whole sale free lincence for Robery , blackmailling and dishonest way to earn the money .

The campain Save Indian Famly , should be their Campain , but instead of that they are cheating the whole nation and digging the foot for all Indian women , and our goverment are palying the Vote bank game , and showing the Whole Nation that they are doing Women Well fare .

Very Interesting !!! This was my question to Neha and all other women activitist , whould any one will reply , as till date I have not got my answer , when they will stop this legal terrorism in India in the name of Women Well Fare ???

“Last thousand of years we had given all the comfort , respect , try to save our women , sacrifice our life , and we will do the same for future also till the time whole world dont get crush ( provied you also dont think that 600 milion man are all rapist in india ) .

I have not got the answer , what punishment you recomended when a dishonest daughter-in law abuse our mother and sister ???

Our mother and sister are not a women ??

How you justyfy the protection need a dishonest daughter-in -law ,when a 65 years old mother had completed all the responsibility as a wife , as a daughter , as mother and one day some young power baby comes and term her a criminal and send to jail without any investigation , as she can not accept her illogical demand ???

Neha , in our SIF group more than 70 % volenter are mother ,sister ..
they are not women ?? Would you have guts to face them and tell your women orginasation to save them ?? Recently I have seen women orginasation are fighting to save some 10 call girls who had been arrested by police in delhi .

How you justify , that they have enough time and money to save the call girls , but those mother and sister to be send behind the bar without a investigation .. hope your women orginasation will not term them worse than call girls ???

My question to all women activitisty .. this 498A misused for last 17 years .. what they have done for save those women ??

Still I am searching the answer from the women activitist .

I belive women liberasation is men liberasation .. but if the women orginasation teach to hate male , who will be looser ??

If the institution of marriage get killed, who will suffer men or women ??

It is a time to ask your self , have you really done any women well fare by making this 498A???

Yes swarup is harsh , swarup is arrogent , but against whome ??

Few years back I was also involved with your so called women orginasation and contrubute a lot of my hard earning money .. but the day I saw a 85 Years old women in the court for getting the bail .. I say myself enough is enough .. let me try to stop this legal terrirosm .

There is nothing to accept forcefully .. if you think the voice is right .. go ahead and do something on field .. instead of fighting with the guy like swarup .

Swarup knows what he is doing and waht is his aim .

So neha , tell and try to convience to your associated women orginasation to stop this legal terrirosm if they really want a women wellfare . “

So dear Supreme court of India please tell us :

Is our Judical system like a Fish Market?
One hand your order to hang to death to a terrorist does not obey by our Goverment and on the other hand you can’t Stop the Legal Terrorism in India in the form of misuse of 498a/DV Act , but allow to cahnge the TADA/POTA.
Supreme court of India – is our Judical system like a Fish Market ? -
Swarup Sarkar

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Court acquits husband, 2 others as girl’s father turns hostile

Posted by 498A_Crusader on April 15, 2007

Court acquits husband, 2 others as girl’s father turns hostile

New Delhi, Dec 5: A Delhi court has acquitted three members of a
family, including the husband of a woman, of the charge of subjecting her to cruelty for dowry and abetting her suicide after the girl’s father, who was the prime witness of the prosecution, turned hostile.

“Keeping in view the fact that the material witness has not supported the prosecution case, the prosecution has not been able to prove its case against any of the accused,” said Additional Sessions Judge Talwant Singh.

The court, while absolving the three accused of charges of abetting
suicide, also observed that there was nothing incriminating on record to make out a case against them.

It absolved Shabhu Prasad, husband of deceased Anju, his elder
brother Nawal Kishore and brother’s wife Urmila- all residents of
Maujpur here- of the charges under Sections 304B (dowry death) and
498A (husband or relatives subjecting wife to cruelty) of IPC.

The court declined to lend credence to the testimony of Anju’s father who frequently resiled from his earlier statements during cross-examination.

It further observed that Anju’s brother refused to support the
prosecution’s case saying he was never told by his deceased sister
about harassment over dowry demands.

He also said there was no demand of dowry even at the time of
marriage and they had given a few articles to her on their free will.

Anju was married to Shabhu Prasad on July 11, 2000, but after she had committed suicide on March 21, 2006, her father lodged a complaint with Seelampur Police Station accusing her husband and two in-laws of abetting her death over dowry demands.

— PTI
Source : Court acquits husband, 2 others as girl’s father turns hostile

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women’s commission has no authority to direct an employer to deduct the salary of a husband

Posted by 498A_Crusader on April 15, 2007

Women panel wings clipped – Commission’s directive on husband paycut set aside

OUR LEGAL REPORTER

Calcutta, Dec. 12: The high court today ruled that the state women’s commission has no authority to direct an employer to deduct the salary of a husband to pay maintenance to his estranged wife.

In Bengal, the commission often directs employers to attach or deduct a portion of a man’s salary to pay the maintenance.

Justice P.S. Banerjee today said the law does not allow that. “The Women’s Commissions Act does not permit the commissions to ask the employing authorities to deduct the salary of the husbands for paying maintenance to their estranged wives.”

The wives, the judge added, “will have to move (a) criminal court” as default in paying maintenance is a criminal offence. However, a civil court can also hear the plea.

A women’s commission order asking the directorate of employment to deduct a third of the salary of one of its employees every month was set aside today.

Samar Kumar Roy, now on deputation to Rabindra Bharati University, had married Jharna on February 18, 2002.

After marriage, the couple rented a house in Baranagar and started staying there.

In September 2003, Jharna asked her husband to stay at her parents’ house in Firdose Lane, Sealdah. Samar agreed, but moved out of his in-laws’ house the next month.

Jharna then moved a petition before the women’s commission accusing her husband of torturing her mentally and physically during their stay in Baranagar and claimed maintenance from him.

The commission directed the employment directorate to attach Samar’s salary.

Samar moved the high court.

In March this year, Justice S.K. Mukherjee directed the authorities concerned to release Samar’s salary.

Then the women’s commission passed an order asking the directorate of employment to deduct a third of Samar’s salary every month and pay it to Jharna.

Samar moved the high court again, challenging the commission’s authority to pass such an order.

Source : women’s commission has no authority to direct an employer to deduct the salary of a husband

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Cultural Invasion Of India

Posted by 498A_Crusader on April 15, 2007

There is also conspiracy of cultural Invasion of India, with foreign funds. Domestic Violence Act brought into force by UPA partners is draconian and mindless legislation which is serious interference of state excessively in private life of citizens. It is one sided and similar provisions for men are not incorporated in this.

Men are also subject to prolonged domestic violence by quarrelsome and dominating women and her mother and relatives.It is very common in India.Most of marriages go sour due to interference of woman’s mother and relatives.Women are responsible for family feuds and division of property and homes between brothers in 90% of cases.

It will lead to lacs of senseless litigation and false claims.
It will lead to feminist dominated society and will severely distort the institution of marriage and social system.
It will create unrest in society and large number of psychological cases.

The impotent and snail paced ineffective judiciary of India and the corrupt lawyers will be only beneficiaries.

Legislation must address this problem, but not create a radical feminist emporium designed to destroy marriage and turn India into yet another western-style predatory welfare state entitling endemic prostitution and single motherhood

Following two articles explain the dangerous situation created in India to destroy Indian basically Hindu Culture, Hindu Society and Hindu Joint Families.

Gope Lalwani

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Talaq, talaq, talaq – Extortionist Earns 6.23 Lacs with aid of false 498a & 406

Posted by 498A_Crusader on April 15, 2007

Sangrur, December 11
After withdrawal of a matrimonial dispute case from a Malerkotla court by the chief judicial magistrate (CJM) to his own court here on November 23 last, Mr Harsh Mehta, the CJM, within a period of just 15 days, succeeded in persuading both parties, belonging to the Muslim community, to settle their matrimonial dispute amicably.

With the reported efforts of the CJM, the husband, Mr Tanveer Hussein, and wife, Ms Nausheen, both homoeopathic doctors from Malerkotla, agreed to take divorce, which was formalised in the court of the CJM here on December 8 last with the utterance of the word “talaq” thrice by the husband.

Mr Tanveer Hussein and Ms Nausheen were married in 2001.

After a boy’s birth in 2003, Ms Nausheen stayed with her parents.

Differences between the parties increased, which led to the registration of a case under Sections 406 and 498-A of the IPC in February 2006 at Malerkotla against Mr Tanveer Hussein and his parents, brother and sister.

Mr Tanveer Hussein moved an application in the court of the CJM here at the end of October this year to transfer his case from Malerkotla to some other place. Thus this case came to the court of the CJM, Mr Mehta.

When Ms Nausheen appeared in the court, the CJM intervened to get the matter resolved, so that the litigation could end amicably.

Later, the parties decided to end the marriage under the Muslim law.

The deed of divorce was executed on December 8, 2006 by paying Rs 6.23 lakh to the wife by the husband.

The amount of Rs 6.23 lakh included dowry, ‘mehar’ and maintenance towards Ms Nausheen and her minor child, and amount for ‘Idat’ period.

The divorce took place with the utterance of word “talaq” thrice by the husband at the time of execution of divorce deed in the court in the presence of witnesses and persons from the Muslim community.

The divorce also solved all other matrimonial disputes pending against other members of the husband’s family and the maintenance petition pending at Malerkotla. Earlier, on November 30 last, the CJM had settled a matrimonial dispute, in which a man and his wife decided to live together again after a period of more than 10 years.

Source : Talaq, talaq, talaq – Extortionist Earns 6.23 Lacs with aid of false 498a & 406

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Husbands become victims of dowry law

Posted by 498A_Crusader on April 15, 2007

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.

Source : Husbands become victims of dowry law

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Truth About Dowry Law (IPC 498A)

Posted by 498A_Crusader on April 15, 2007

This is a Report based on 5 years Research and Study on dowry Prohibition act, its use and misuse.This Reasearch conducted by our own Experts of MyNation for Save Indian Society,and not funded by any gender biased organisations. We studied 1500 Plus Families, these are feed backs from them and from the reports published by media. What is IPC-498a ?Cognizable       – The accused can be arrested and jailed without warrant or investigation
Non-Bailable     – The accused must appear in the court to request bail
Non-Compoundable – The complaint cannot be withdrawn by the petitioner
The accused, on a woman’s one complaint, are considered guilty until proven innocent, and the
burden is on the accused to prove their innocence in the courts. It is even more torturous that old ailing parents too are arrested prior to investigation. Is this not violation of Human Rights of Indian citizen?
 

When an FIR (First Information Report) under IPC section 498A (anti-dowry law) is registered by a woman, the accused – the husband and his old parents, brothers, sisters, relatives – are arrested and jailed without investigation. The Supreme Court of India has ruled several times that arrest should be an exception, and not compulsory.
Why is there no penalty for disobeying the Supreme Court’s orders? Is it not mental cruelty to subject a person to arrest without investigation or reasonable cause? Police are subjected to gender sensitization training wherein they are forced to take women’s complaint and arrest the accused even when they find the case to be fabricated. And in case the police do not react on a woman’s false complaint, the women groups are given unnecessary powers to take legal action against the officer-in-charge of the police station.  

As per our Study, we found out that, it is a custom in India to give support to bride in the form of gold and valuables to support her future life with her husband, as husband take home the bride’s Father’s financial burden.

There are certain natural problems in every marriage that are always resolved amicably. In olden day, men and women used to manage these trivial differences in their marriages, but today’s modern women are not ready to compromise on petty issues, which are part and parcel of a married life. Shobha says dowry is not an issue. Ours was love- cum arranged marriage. I know my father’s capacity and how much he can give. And after marriage there is not chance takeing any money, so i only told my Husband,that he can take.we happy with that,it helped us to build our Family.we should not take Stridhan as dowry.When we get marry, to make new house, start family we need money,from girl side her father should provide to start family,and man should not demand more than what girls family offer.Says PriyaWe are not talking about the dowry deaths or physical injury cases but about dowry harassment cases that require no evidence and can be filed based on a single complaint by the wife. With an estimated of 60,000 such accusations per year and an average of 4 members of the husband’s family falsely implicated in each of these 498A cases, about 240,000 people are directly affected by these false accusations.

Latest Statistics
Published on IBN-CNN.

*In 2004, 58,319 dowry cases were registered.
*1,34,757 men were arrested.
*47,828 cases have reached the charge sheet stage.
*10,491 dowry cases were not charge sheeted as they were based on frivolous ground.
*However, 5,739 men have been convicted but more than four times that number have been acquitted (24,127)

The controversial section not only covers dowry, but a wide spectrum of incidents including cruelty, causing injury and danger to mental or physical health.

http://www.ibnlive.com/news/tortured-hubbies-victims-of-498a/27446-3.html
as on June 30 2005 are those under sections 498 and 498(A). In the first six months this year, 3801 new cases under just these two sections were instituted.Thanks to the awareness levels amongst women, many more are approaching the courts today than before. Consider this against the number of cases that are disposed. They are only 2432 cases. Of them, only 164 cases led to convictions. 1449 cases ended in acquittal with the women considering further appeals.
http://www.indianexpress.com/res/web/pIe/full_story.php?content_id=79802
This poorly formulated law is inviting women to file false cases, and causing the imprisonment of innocent
husband and his old parents without investigation. They are put behind bar along with other criminals. These innocent people undergo stigmatization and emotional trauma even before the trial in the court of law, which leads to emotional, physical and financial torture. Some of the falsely accused have committed suicide after being jailed, unable to bear the social consequences. Helplessness drove these innocent families to commit suicide. What is the Government doing to protect these innocent families?
Result of False Accusations.As per Recent report from Ahmedabad, Rajesh Hasmukh Desai, a married man, committed
suicide. He was falsely charged under IPC 498A. If a woman dies in “any” circumstances within seven years of marriage, police, by default, will arrest the husband and his parents for abetting suicide of a woman or for dowry death. But in this case, police did not interrogate his wife, nor took any action
against her. Rajesh’s case file was closed and the actual perpetrator got scot-free. Why the possibility of the wife driving her husband Rajesh Desai to suicide was ruled out ? Why she is not punished for abetting her husband’s suicide?

A study by Professor K. Nagaraj, senior economist at the Madras Institute of Development Studies (MIDS) The distribution of suicides by marital status reveals some alarming pattern. The rates do not vary much between the sexes for the never married.

Among those currently married, while the rate for males is about 17 per 100,000 persons, the rate for females is 11.4 per 100,000.

Among those widowed, while the rate for males is 21 per 100,000 persons, the rate for females is also significantly lower, at 6.6 per 100,000.

Among divorced males the suicide rate is 164 per 100,000 persons, but even in this class, among females the rate is only 63 per 100,000.

While the suicide rate for separated men is about 167,for females it is only 41 per 100,000 persons.

 

Such alarming statistical reports have not yet convinced the Government that men too are victims of domestic violence and not providing them legal protection will only increase the suicide numbers for men. http://www.hinduonnet.com/fline/fl1821/18210960.htm Despite the recommendations of the Supreme Court of India and Justice Malimath Committee that the legislative arm should modify the laws such that the innocent are protected. The suggested amendment in the 498A law has been largely ignored. Innocent men and old parents are visiting women cell for help, but they are neglected.  Unchecked, this social evil is threatening the foundation of the Indian Family system.Why do people misuse IPC 498a?Legal Extortion – When marriage is on the brink of Divorce, she finds no better weapon to harass her husband and in-law than 498A. Women will blackmail her husband and in-laws and coerce them to fulfill her demands or else she will file a false complaint against them. The husband knows that the law indiscriminately favours the woman and so he agrees to her selfish demands.

Pre/extra marital Affairs – She marries to satisfy her parents without disclosing her past. When the husband finds out about her affairs, she then files a false dowry case to blackmail him.

Domination – Wife wants the husband to abandon his parents and siblings, so that she can have total control over his finances and social behavior, including his life-style.

Custody – Deny the father and his family access to their child(ren).

Fraudulent Marriages – Many times girl’s family will not disclose actual facts of their daughter, at the time of marriage. Such facts, if known by the groom, the marriage would have never taken place. And when the husband stands his ground, the girl and her family begins their legal extortion.

In-Laws – When modern women are unable to adjust with her in-laws, when they find it difficult to dominate her husband and make him dance on her tunes, she goes for filing a false dowry case.

Consider a person who works extremely hard to make his career in this competitive World. Then he marries a beautiful and innocent looking wolf who drags him to court. There he is bound to lose all dignity, child custody and above all 50% of his income. He is forced to give out all his savings and family’s investments to this woman. Using his money, the wolf teaches to the child that his/her father was bad. Despite feeding the child of fathers’ money, the child, believing the wolf’s teachings, begins to hate the father. He has nothing to look at when he grows old.

This is nothing but sheer cruelty. Extreme disaster and an unending mental trauma. Apart from this I’ve seen men being ditched by various girls before marriage. In cities it is common that girl have many boyfriends. And they choose the richest among them for marriage. Rests are ditched. And few weaker among them commit suicide. Says Amit Agarwal, an victim of 498A. Out of 100 cases that are ordered for investigation under 498A, only in 2 cases the accused get convicted.”People generally use this law to facilitate divorce. And often, it’s the lawyers who advise the women to implicate their in-laws under the provisions of this Act,” says Shantosh Singh, chairperson of Women Welfare Counseling Cell. Often, the number of items given in dowry is inflated to claim a high settlement amount. “There are only 10 per cent cases based on truth, and people usually come to us and ask specifically to mention the element of dowry in their divorce petitions,” says Amrikh Singh Kalra, advocate at Punjab and Haryana High Court.Women mis(using) laws to get even ?
NEW DELHI, Oct 18 (PTI) —Laws against violence at home may or may not have come to the rescue of battered women, but some of them have been accused of abusing them to get an easy divorce or settle other little domestic disputes.

http://www.tribuneindia.com/1999/99oct19/nation.htm#7  According to the available statistical
information from the National Crime Records Bureau and information available from NGOs working with victims of violence, there is a general tendency to avoid seeking redressal among the victims of domestic violence. However, when a victim of domestic violence seeks help from any of the agencies, be it family, friends, NGOs, or lawyers, before registering a complaint, at each stage she is asked to reconcile the matter or to put up with the situation. Reconciliation in 498A cases takes place at every stage including the police station, Crime against Women Cells and courts.
We found that in five cases filed under Section 498A the parties settled the matter after agreeing on maintenance and divorce.In a majority of the cases before a victim filed the complaint under Section 498A, the minimum period she suffered physical and mental torture,was for about three years.

The trial process is quite lengthy and the proportion of pending cases is quiet high (out of the 40 cases based on victims’ interviews which went for trial in court, 28 cases are still pending). In the cases tracked, the normal trial period was between five to ten years.

“It was found that it was difficult to prove physical and mental torture. In all the eight cases in which the accused were acquitted, the victims were found to have suffered physical and mental torture, but as there was not enough evidence to prove torture, the accused were let off.

The cases where the accused were convicted had been filed under Section 498A along with section 304B and 302, which are applicable after the death of the victim. There were no convictions in any of the cases registered only under Section 498A.

It has been found that out of 30 cases there is not a single case where the accused has been convicted only under Section 498A. The accused have been acquitted (11 cases) by the court where the prosecutor failed to provide evidentiary proof of cruelty, mainly mental, inflicted on the victim as provided under Section 498A IPC.

The judicial authorities of India, in number of landmark judgments, have taken a serious view of the growing tendency to falsely implicate innocent members of the husband’s family in dowry cases. Describing misuse of IPC-498a law as “legal terrorism”, the Supreme Court said no one could be allowed to unleash frivolous proceedings on this count as the provisions of Section 498A “is intended to be used a shield not as an assassin’s weapon.”

“The stringent dowry laws, meant to deter dowry-seekers, are being increasingly misused by the very people they are meant to protect. The last three years have seen a steep rise in the number of cases of harassment for dowry”.http://cities.expressindia.com/fullstory.php?newsid=170603.

Only one out of six dowry complaints genuine http://www.tribuneindia.com/2004/20041013/cth1.htm Most of the  time it’s a bargaining tool for women when husband finds her Infidelity.
Adulterous women were responsible for divorces in every 3rd case.
http://www.hindustantimes.com/news/181_1551427,000600010004.htm >There are many heart-ending stories of innocent families being arrested without investigation and put in judicial custody. While IPC 498A is supposed to be a law to protect women, ironically it harms many more women. For every male accused of  IPC 498A, there is at least one woman (his mother or sister) who is implicated in a crime that never occurred or they never stayed together. If there are more women in the family they too are accused irrespective of their age, health condition, marital status or their physical proximity to the complainant. There are many Reports of married sisters of husband, even they are pregnant or with a baby in hands are jailed without any investigation or the entire family is ruthlessly arrested without investigation and there are no words to describe the financial hardship and emotional trauma that they have to endure. Children suffer whether they are jailed along with their mothers or are separated from them during that time.
Another striking feature of  hese victim stories is that the complainants, in collaboration with the police make sure that the arrests are strategically planned to harass and demoralize the accused, to make them succumb to the fear of being imprisoned and to extract huge amounts of money thereafter. Here is list of few Victims are harassed for many years, without rays of hope to get Justice.

http://mynation.net/db .Everyone knows there are loopholes in 498A, and media reports, Judges warn and Politician admit openly.An offence has been committed by the accused upon the sole testimony of the woman alleging abuse. Given that lying in court has never been taken seriously enough to invoke punishment, laws which presume guilt even before the trial has begun are prone to great misuse.98% misuse is “okay” says Minister Renuka chowdrey
http://www.ibnlive.com/news/ill-empower-women-chowdhury/26051-3-0.html
Even there is 98% misuse, why not there is any change?Because it is not only against husband but his whole Family. The Western funded Supporter of this law, determined to ruin Family system of India and sabotage Indian Society.
Source :MyNation

LINKS

UK

http://antimisandry.com/vbdr/forum/showthread.php?t=3896

Canada

http://www.fathers.bc.ca/Forum/viewtopic.php?t=1795

Australia

http://forum.dadsontheair.com/viewtopic.php?t=18042

US

http://forums.fathers-4-justice.us/viewtopic.php?t=1138

Ireland

http://dads-house.com/phpBB2/viewtopic.php?t=1202

New Zealand

http://menz.org.nz/2007/the-scope-is-breathtaking-india/

Source : Truth About Dowry Law (IPC 498A)

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Compromised semen racket unearthed

Posted by 498A_Crusader on April 15, 2007

New Delhi: Rising infertility problem, social inhibitions and lack of awareness have fuelled a dangerous clandestine trade in ‘‘compromised semen’’ in the city. Semen samples given for testing to pathological laboratories are sold to shady fertility clinics for anywhere between Rs 200-400 per sample from where they are re-sold to childless couples often for up to ten times the amount. Pregnancy rates, needless to say, are dismal.

    Off the record, pathological laboratories admit to the practice. On condition of anonymity, an employee of a south Delhi laboratory said: ‘‘We supply 30-40 samples a month. There is an unofficial understanding. Once samples have been tested they are usually sent out after processing. Rates vary according to the location but we charge Rs 350 per sample on an average.’’

    Experts say the main problem is availability of sperm donors despite the donation fetching Rs 250-400 per ‘‘sitting’’. Cryogenie has just about 50 registered donors, Indraprastha Apollo Hospital, at any given time, has just 10. Each donor can donate a maximum of eight samples a month. There are an estimated 6,000 intra-uterine inseminations happening every day in Delhi. Though some three quarters of them use sperms from husbands, rampant malpractice has caused most hospitals and fertility clinics to rely only on their own sperm banks.

    Says Dr Anoop Gupta of Delhi Fertility Research Centre: ‘‘The practice of sperm ‘outsourcing’ is common and if it is coming from a diagnostic laboratory it is obvious that the sample is compromised. Otherwise why was it given for testing in the first place? Besides, the semen processing sample is expensive and has a shelf life of just four weeks. No laboratory in Delhi has that. This is why soon after I started this centre in 1993, I decided not to use sperms from outside. But samples from our own bank are only for our patients.’’

    Semen has to be processed to ensure that the prospective mother receives only the ‘‘best sperms’’. An average sample can be anywhere between 1-5 ml. A woman needs to be injected with just about 0.3 ml. Says Dr Suhani Verma, in-charge of the IVF laboratory and semen

bank in Apollo: ‘‘Quality of sperms from commercial establishments is suspect not just because of the fertility factor but there is also the risk of infection. As per WHO guidelines, a donor has to be tested twice in a gap of three to six months and only then the sample should be used. Banks don’t always follow that. We keep hearing from patients about malpractices like sperm mixing.’’

    Secrecy and religious issues often deter prospective donors, says Dr Iqbal Mehdi of Cryogenie. ‘‘There are confusions and misperceptions. We are also very particular about WHO guidelines — donor should be between 20-30 years of age and at least a graduate. The main thing about sperm preservation is that they need to preserved and transported in liquid nitrogen at -92 degrees Celsius. Not many centres have that facility.’’

Source : Compromised semen racket unearthed

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71-year-old woman Jailed Over Stridhan

Posted by 498A_Crusader on April 15, 2007

Mumbai: In a landmark order, a Mumbai magistrate has sentenced a 71-year-old woman to one month’s simple imprisonment for failing to return to her daughter-in-law Rs 1 crore of ‘streedhan’ (gifts and property received/inherited by a woman before and after marriage).

Mazgaon metropolitan magistrate K W Vitonde held Dr Devika Shah guilty of criminal breach of trust and misappropriation. The magistrate referred to section 14 (1) of the Hindu Succession Act, which held that movable and immovable property acquired or gifted to a Hindu woman in the form of ‘streedhan’ was her absolute property. Daughter-in-law pleads against leniency in ‘streedhan’ row

Mumbai: [b]A Mumbai magistrate has sentenced a 71-year-old woman to one month’s simple imprisonment for failing to return to her daughter-in-law Rs 1 crore of ‘streedhan’[/b] .

The woman, Dr Devika Shah, pleaded old age and medical problems as grounds for leniency, but at this point the daugher-in-law, Rashmi Shah, stood up in court and urged the magistrate not to let her off as the accused had not cared enough to even inquire after the welfare of her grandson. Dr Shah, who was out on anticipatory bail during the trial, was asked to surrender her bail bonds. She is, however, yet to be arrested and has the option of an appeal before a higher court.

The real life story of the Shah family, residents of Sunder apartment, Nesbit Road, Mazgaon, reads like a script from Ekta Kapoor’s Saas-bahu serials. Dr Devika Shah’s son Dr Mukesh Shah had married Rashmi, a laboratory technician in 1984. According to Rashmi’s complaint, as per Gujarati traditions, gifts from her family were kept with the mother-in-law. In 1988, the couple moved to Dubai and parted ways a year later. In 1997, Rashmi filed a divorce pleaand in 2000, moved the court for return of her ‘stridhan’. Two years later Rashmi’s husband died and she again approached the court to reclaim the ‘stridhan’. Dr Shah, however, refused and a complaint was filed by the daughter-in-law at Byculla station in 2003. The police raided the bank locker and a cupboard and recovered ornaments and diamonds. The locker was in the joint name of the mother-in-law, son and daughter in law.

During the court proceedings, the two women traded charges against each other. The mother-in-law claimed Rashmi had taken away the stridhan, but the court held otherwise.

Source : 71-year-old woman Jailed Over Stridhan

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Role of Legal Advisor in Promoting Legal Terrorism ?

Posted by 498A_Crusader on April 15, 2007

Lets take an example of Terrorists.

Two scenarios are possible.

1. Person has a criminal tendencies and he does it for money and out of fun. It’s their Interest to indulge into terrorism.

2. A person out of frustration due to their own understanding of situation, want some result to happen, but do not know how to achieve it.
Some one guides them that take up arms, taking advantage of their situation for their own petty interest. And in frustrating situation, humans thinking power always diminishes. They take up the suggestion. And there after repent later on. But it is like a broken arrow now. They can’t undo the thing, they can’t go back.

A) Similarly for 498A, there are people who use this mean as money extortion, they know the laws, their target is money only. They guide their Legal advisor, or as we all are aware, they get the Public solicitor in any case, so they just file the complaint in police station. They ask legal advisor to assist them in getting their intentions fulfilled.

B) People due to differences in openion, want divorce, here is again difference of openion, Party A(Female side) wants, Party B is resisting. They go to legal advisor for solution. They are not aware of the law. They want divorce. Now Legal advisor says, if you go by proper channel, our judicial system is going to take hell lot of time. If you take this root, it will fulfill your intention in quick time. Party A think, reconciliation is not possible, and they cannot afford to loose time. They take it up as an alternative. It’s no difficult task to convince them either that they are not doing anything wrong. People do get brainwashed. Human minds tendency is too always take the easiest and shortest route, isn’t it?

Now in Scenario B, who is responsible? Party A, legal advisor, Party B, or All? Legal advisor didn’t went to their doorstep, but wasn’t this idea was infused into Party A? Here Legal advisor will also think, if they will not suggest this, other person will suggest this, why loose a client?

Possible Repurcussions.

- Party B decides to fight it legally, now party A is stuck again, involved in long battle, which was not the intention.
- Party B settles the dispute, Party A and B is still affected, they always realize it later. Life is never the same again. It always leaves a very deep impact on psychology of a person. Person cannot be brainwashed forever.
- Party B, out of humiliation, now takes up illegal means, takes matter into hands. Now both party are criminal.

In Scenario A, I always recommend to fight.

This is what I have understood, this is about bringing Harmony in relationship. Harmony cannot be brought by Law. Law only brings fear. I’m not against the law. State of woman in india is actually bad. Do not leave loopholes in laws which can defy the justice to those woman also who actually needs it. Most of the time limited resources are preoccupied in solving these false cases from educated people, and never reach those who actually needs them. These laws needs reformation, when a person does not fear these, which can actually bring harmony. When noone feel humiliated.

Woman means woman, not just Daughter in Laws.

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Beneath the rouge – Other Face of New Indian Society

Posted by 498A_Crusader on April 15, 2007

Suicide rates of models are on the rise. Ruman Ganguly goes backstage to find the other lives of the damsels who walk the ramp.

Recent statistics show that the suicide rate among models is on the rise. Nafisa Joseph, Piyali Chakroborty, Rakhi, Shreyashri — all these models ended their lives for some deep psychological problems or the other. Beneath the garb of high fashion gloss, does there lie a lonely world of loss wrecked havoc by deceit and treachery?

Model Sweety Singh attempted suicide by consuming poison because she felt betrayed by her long-time beau Subir Sarkar. He refused to marry her since his parents had arranged his marriage somewhere else. Sweety succumbed to the shock and Subir went behind bars on charges of rape and cheating on the day he was to get married to Anamika Shome. Dev Satpathi, the stylizer who first helped Sweety to make her port folio says, “I had spoken to her on that fateful morning. Subir and Sweety moved to Mumbai. But after returning from Mumbai, Sweety told me that she had broken off with Subir. Guess they’re having problems while in Mumbai.”

Says make-up artiste Pravin Roy (name changed on request), “Most models doesn’t know the meaning of a relationship. They cling on to men just to use them. I know a guy who waited in front of a model’s house all through the night only because she had to be dropped at her shooting spot early in the morning. The models don’t look for ‘soulmates’. Rather, they are in search of babus. Some even openly declare that they are into a relationship so that there is someone to foot their taxi and mobile bills every month.”

But why take the suicidal route? According to neuro psychiatrist Dr Prothoma Chowdhury, “Suicide is human act of self intentioned cessation committed out of constricted thinking and acute anguish. Many models suffer from acute depression. This inability to deal with stress finally leads them to commit suicide. A few of them make futile attempts at finding a confidant. Most models jump into a relationship just to end their loneliness or boredom. They don’t even think about mental compatibility and the end result is a messy split.”

Model Noyonika Chatterjee feels that often impressionable minds get carried away by the gloss and compromise on their values. The fine print about this kind of ‘compromise’ reads having to ‘satisfy’ clients. Anuttama Roy (name changed on request) was told that a client would agree to give her an assignment only if she agreed to ‘satisfy’ him. “I was asked to first spend a weekend with him at a resort. That was enough for me to bid adieu to this profession,” says Anuttama. But there are many who don’t mind giving sexual favours with the hope of making big.

“I had obliged someone but once the act was over, he disappeared!” says a model on conditions of anonymity. But Noyonika avers that nobody is forced into anything in this profession. “If they willingly do stuff and later things don’t work out, they can’t blame anybody. Today’s model try to find a short cut to success,” says Noyonika. “Before shooting with a new Kolkata model,I’ve to be very careful since some of them are seen in porn,” says fashion designer Abhishek Dutta.

A security guard at a city disc says some models drink so much that they have to be literally dragged outside. But who foots the bills? “Thori apne khud ke paise se pita hai… Sab ke sath ek admi hota hai jo bill bharta hai,” says the guard. “Even teetotallers start drinking after doing two shows thinking that they can’t create a niche if they aren’t seen with a drink and fag,” avers model Neeraj Surana.

Trapped in the maze of an undying urge to reach to the zenith at the speed of light, how many know that once the psychedelic lights dim, there is another side of midnight too?

ruman.ganguly@timesgroup.com

Source : Beneath the rouge – Other Face of New Indian Society

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Domestic Violence Act in UP; HC orders mainetnance

Posted by 498A_Crusader on April 15, 2007

Domestic Violence Act in UP; HC orders mainetnance

November 20, 2006

The Allahabad High Court has directed an unmarried girl’s brother to give her protection, living right in their father’s house and a maintenance in the first ever case filed under the Domestic Violence Act in Uttar Pradesh.

The order was passed by Justice S Ambwani on Friday on an application filed by the girl, Shrinkhala Tiwari.

The petitioner, who lived with her father and brothers, had accused one of her brothers — Ajay Kumar — of throwing her out from the house along with her father, who passed away later.

Later, Ajay Kumar allegedly forged a new will claiming right to the entire property of his father, depriving his brother and sister of their rights.

On the petition, the court considered the various provisions of the Domestic Violence Act and observed that she had every right to live in the house under section 17 of the act.

She was also entitled to the protection order under section 18 and residence order under section 19 of the act, the court ruled.

Ajay has also been directed to pay Rs 1500 per month as a maintenance to his sister under section 20 of the act or to show cause why this order be not made absolute.

(UNI)

Source : Domestic Violence Act in UP; HC orders mainetnance

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Women land in gigolo trap

Posted by 498A_Crusader on April 15, 2007

AHMEDABAD: Paying for sex is what we normally expect men to do. But two women from a posh Ahmedabad locality have done the exact opposite and have landed in a spot for their sexual escapades.

The women are being blackmailed by two gigolos whose services they had been regularly using to overcome their sexual frustration.

Residents of Bodakdev, these women in their early 30s are now afraid of lodging a formal police complaint lest they get identified.

And it is precisely this fear that the gigolos are trying to exploit. The boys are threatening to expose the women before their families by laying bare evidence of their ‘exploits’ captured in camera phones.

The women are neighbours and while the husband of one is in the US, that of the other is in France.

Their lonely existence and sexual hiatus brought them in contact with a lady in Bhopal, who in turn introduced them to the two boys.

We paired up with these boys for a month and paid them Rs 10,000 each every time we got together,” said one of the women. Trouble started about two months ago when the women stopped asking the boys for their ‘services’.

“Now, they call up and tell us that if we do not meet their financial demands, they would tell our families the truth,” said the other victim.

She added that the idea behind talking to this correspondent about their plight was to warn other women against getting into a similar mess.

Though the two women are said to have spoken to inspector KP Gajipara of Satellite police station, the officer said he would not comment because there was no written complaint.

He, however, was keen to find out from this correspondent if the women had identified the two gigolos.

Source : Women land in gigolo trap

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Girl Child –Still a Burden for Indian Wives ?

Posted by 498A_Crusader on April 15, 2007

Girl Child –Still a Burden for Indian Wives?

Killing of the girl child, discarding her at trash, finding ways to get rid her because she is considered a burden –Female infanticide and foeticide.

These days the cost of a girl child’s life is cheaper than the cost of a shirt. That’s how cheap it gets!!

Can it get any worst than this??

From time memorial it has been happening and continues to happen even today. It is absolutely deplorable that we as a society still have not overcome this crisis or change the perception of Indian Wives, who consider the girl child a burden.

The core reason behind female infanticide and foeticide has, is and will always be refusing to give her right equall to the male child by their Parents , in terms of Education, Parental Property and ensure that she should depend on her husabnds money and property .

Then Selfish , money minded, greddy parents fear of their inability to earn money in the future for their daughter makes them kill her at birth and many times even before by aborting the foetus, or find ways to dispose her off.

Instead of curbing it, it is still occurring, is disgustingly prevalent and only taking a worst shape.

In media Openly the Indian Women deceler that she had killed the child by the help of Internate kit available , but not a single women activist demand to punish her.

Seven Female Doctor Suspended for Killing the Child.

http://www.indiatalking.com/blog/swarup/2745/

But is the punishment sufficient for that Crime ? Why the women who had aborted the child had not been questioned or given a warning?

As per Ranjana Mishra , a so called Social Activist , openly say in Star News Programe , “Indian Women have on birht right to kill the child. No one can question them and Indian Husband does not have any right to ask them why they have killed the un born Child.”

Neither God or Indian LAW had given any power to kill the Child In the Hnad of Indian Men , then why to blame to Men?

As per study done by SIF ( Save Indian Family) , more than 90% husbands want a girl child, but it is their well educated , well earning wives want the male child.

“Beti Bachaao” (Save Daughter) – Saturday Evening Party at India Gate- New Delhi.

http://www.indiatalking.com/blog/swarup/2267/

Education aims to liberate but unfortunately, people have only managed to become literate, and not emancipated, Bharti says.

With Regards

Swarup Sarkar

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44 per cent women abused

Posted by 498A_Crusader on April 15, 2007

KOLKATA: Incidents of domestic violence have risen over the last five years with 44 per cent of the crimes against women being perpetrated by family members in India, according to statistics available with the National Crime Records Bureau (NCRB).

In 2000, an average of 125 women faced domestic violence every day and after five years, the figure is 160.

West Bengal recorded the second highest incidence of domestic violence after Andhra Pradesh and accounted for the fourth highest dowry deaths after Uttar Pradesh, Bihar and Madhya Pradesh, an NGO ‘Swayam’ said at a seminar on ‘Domestic Violence’ here citing an NCRB report.

The NGO said that 19 women were murdered by either their husbands or family members, while 160 cases of domestic violence were reported last year. “That is, 58,319 women per year were abused in their own homes.”

Stating that 40 per cent of married Indian women faced physical abuse by their husband, it said that one in every two women faced domestic violence in any of its forms.

Quoting a research paper by the UP National Family Health Survey, the NGO said out of 90,000 women interviewed, 56 per cent reported assault by their husbands or family members.

“Most women accept violence as a part of their daily marital life and hence they do not perceive violence as a crime,” the NGO said.

On the newly-enacted ‘Protection of Women from Domestic Violence’, speakers at the seminar said sufficient budgetary allocation for implementation of the act was imperative.

State governments should set up sufficient homes, medical facilities and legal aid centre for women facing domestic violence, they added.

Source : 44 per cent women abused

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Chennai finds saying ‘I undo’ easy

Posted by 498A_Crusader on April 15, 2007

Chennai: The city may find it hard to shed its “conservative” image, but if the rising divorce rates are any indication, Chennai is fast achieving a dubious distinction.

The city is witnessing a steep rise in divorce cases, with divorce rate figures having doubled since last year.

According to a survey conducted in the city recently, almost 70 per cent of the divorce cases involve couples below 35 years of age.

The reason for this trend is interesting. A growing awareness about their rights is convincing people to rush to family courts to file cases of separation and divorce, which was not the case earlier.

The decline of the joint family system, marriages by choice, late marriages, absence of pre and post marital counselling, economic independence and poor marital values are some of the many reasons being cited for failed marriages.

Chennai has just three family courts, all of which are currently occupied with over 3,000 divorce cases, a majority of which have filed under the Hindu Marriage Act.

“I got married in 1984 and he divorced me in 1988 through a lower court. He has a relationship with another woman. I got an order in my favour in the higher court. I have been going to the courts since then. My son, who was a kid then, has completed his graduation from an engineering college. I filed a petition to live with him (my husband), but he did not accept it as he has an affair with another woman. Now, I have applied for settlement that too is not getting over” a divorce petitioner, Sujatha was quoted by news agency ANI as saying.

Advocates dealing with these cases feel that children are the worst sufferers as their parents fight it out.

“In every break up, you cannot have happiness. Obviously, there is someone who’s going to be affected, particularly when there are children in the family. Undoubtedly, children are going to be affected. Collectively, if parents are going to take a decision in the welfare of the children, then there may be reconciliation,” said an advocate, Nandakumar.

“The reason for this, I feel, one is the break up of the joint family system. When there was a joint family system, people could ventilate their feelings among their relations and there was some way of also compromising within the family itself,” said Sudha Ramalingam, an advocate.

Advocates also say poor tolerance levels contribute to the collapse of a marriage.

Definitely, tolerance levels have gone down because of our … attitude, exposure to different ideologies, western culture and norms and late marriages. We have a set of ideas. We do not want to adjust, we cannot adjust also. It’s very difficult,” added Sudha Ramalingam.

While television is filled with soap operas about evil mothers-in-law and conspiring sisters-in-law, the reality, surprisingly is no different in Chennai.

Ramalingam also said the parents of the spouse can also be one reason for a marital break up.

The insecurity that the spouse of their son or daughter could eat into their rights, leads parents in some cases to encourage minor differences between the couple.

She advocates that marriages should not be based on sentiments alone.

Source : Chennai finds saying ‘I undo’ easy

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