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Archive for January, 2008

Men think they have a right to assault women

Posted by 498A_Crusader on January 28, 2008

NEW DELHI: A plastic surgeon accused of sexually assaulting his patients; a doctor charged with the rape of a 10-year-old; a mob stripping two women in public; a hotel owner held for raping a tourist; a Russian doctor molested and a UK tourist raped — all this in a span of less than a month. What explains this trend?

Are we as a society reaching a new low? Or is it just that such cases are being reported more often?

NCW chairperson Girija Vyas says: “These men think they have the right to assault women and they are meant to be assaulted.” What’s striking is the change in profile of the molester. An NRI recently assaulted a mall staffer, another molested a cabin crew member on board.

Jitendra Nagpal, a psychiatrist, says: “Not only do we lack value education, but we also lack lessons in life skills. A person indulging in such acts may show some unusual traits as a child that need to be worked at. Parents and schools should not overlook if a child is short-tempered or moody. Children need to be taught anger management, methods to cope with stress.”

Vyas agrees. “We need to teach children early that women must be respected and in this, a family plays a vital role. A child who sees his mother being harassed every day will never learn to respect women. Parents should be very careful about their action in front of kids.”

Some blame it on the changing lifestyles. There is a feeling that youngsters are getting too much too early. Says B M Tripathi, senior doctor, AIIMS: “Alcohol makes a person loose control over self. Normally a person would not indulge in such acts but under the influence of addictive substances, it’s easy to lose ones’ understanding of what is right and wrong.”

Nagpal attributes the spurt in such crimes to increase in work pressure and stress. Clinical psychologist Aroona Bruta refuses to buy this argument, though. She says crime against women can’t be a stress-buster.

“There has to be a pathological disorder that will make a person indulge in such acts. In most cases, molesters do have an abusive history or they have been a victim themselves.”

She adds: “The expression of sex has become very free. With information easily available on internet, TV, mobiles, it’s easy to fall prey to ones whims.” Lack of fear of punishment also acts as a catalyst. Says Sandeep Malhotra, psychiatrist, “People know they can easily get away with such crimes. Even good samaritans do not raise their voice, as they fear getting entangled in a long judicial process.”

He further adds, “Maybe the country is not ready for a cultural transition. People are not able to cope with the freedom and open society which the country is moving towards.” Bruta says,”Men are not able to face competition from women. It’s a way to put them down.”

However, all is not lost. Says Girija Vyas, “Thinking pattern of men can be changed. It’s not that tough to teach them. All we need is to educate them young.” She adds, “Our law needs to be modified. We need gender-based training and a more sensitised media. Victims need to feel secure and have more faith in the police.”

Adds Bruta: “We definitely need more stringent laws, but a strict and quick implementation of those laws is also essential.” So, is it time for a complete overhaul of our society?

Source :>>

Posted in Articles, biased laws, domestic violence in india, dvact, feminism, gender biased laws, india, men, men`s rights, mynation.net, News, save indian society, society, women | 2 Comments »

Wanted: Someone to kill my boyfriend’s wife

Posted by 498A_Crusader on January 28, 2008

WASHINGTON, jAN 28: A US woman was arrested this week after she allegedly tried to hire a hitman to murder her married lover’s wife by posting an ad on the popular website craigslist, law enforcement officials said Sunday.

Anne Marie, 48, from Grand Rapids, Michigan offered http://www.craigslist.org users the chance to kill Carol, a 56-year-old woman in California, in a vaguely worded free ad under the category of “Freelance,” according to court documents.

Two women and one man responded to the ad, with at least one applicant believing it to be an offer for freelance writing work. During subsequent emails, Anne Marie divulged that the task was actually a hit.

“Marie informed (one of the people who responded) that she was looking for ‘silent assassins’ and she asked him to eradicate a targeted victim,” offered 5,000 dollars for the job and provided the address, name, age and occupation of the man’s wife.

“Asked what she meant by ‘eradicate,’ Anne Marie said ‘Duh. Well to have her killed,” the court documents said.

The woman, who also goes by the name Anne Marie Linscott, was charged with three counts relating to murder for hire and using interstate commerce to commit a felony.

“This complex investigation was initiated in November 2007 and we have been very concerned for the well being of the victim,” said Butte County Sheriff Perry Reniff, according to a statement released by the Sacramento FBI.

The potential victim’s husband “acknowledged meeting Linscott through an on-line college course in 2004 or 2005,” and said “he and Linscott developed a very deep and intimate online relationship,” the FBI statement said.

The pair met for sex on at least two separate occasions in 2005 and 2007, and “have continued to communicate via telephone and email.”

Asked by law enforcement officials how she would feel if her target were murdered by a respondee on craigslist, the suspect “stated she would be scared that law enforcement would track it back to her,” court documents said.

Source :>> AFP

Posted in Articles, feminism, justice, News, society, women | Leave a Comment »

Justice Mallimat Committee recomendations on 498A

Posted by 498A_Crusader on January 28, 2008

Page 199:
16.4.3 If the woman victim lodges an F.I.R alleging commission of
offence under Section 498A, her husband, in-laws and other relatives of the
husband would be arrested immediately. If she has no independent source of
income she has to return to her natal family where also support may not be
forthcoming. Her claim for maintenance would be honoured more in default
than in payment especially if the husband has lost his job or suspended from his
job due to the arrest. Where maintenance is given, it is often a paltry sum.
(Thus the woman is neither here nor there. She has just fallen from the frying
pan into the fire.) Even when there is a divorce, or reconciliation, the criminal
case continues as Section 498A is non compoundable.
16.4.4 In less tolerant impulsive woman may lodge an FIR even on a
trivial act. The result is that the husband and his family may be immediately
arrested and there may be a suspension or loss of job. The offence alleged
being non-bailable, innocent persons languish in custody. There may be a claim
for maintenance adding fuel to fire, if the husband cannot pay. She may change
her mind and get into the mood to forget and forgive. The husband may realize
the mistakes committed and come forward to turn a new leaf for a loving and
cordial relationship. The woman may like to seek reconciliation. But this may
not be possible due to the legal obstacles. Even if she wishes to make amends
by withdrawing the complaint, she can not do so as the offence is non
compoundable. The doors for returning to family life stand closed. She is thus
left at the mercy of her natal family.
16.4.5 This section, therefore, helps neither the wife nor the husband. The
offence being non-bailable and non-compoundable makes an innocent person
undergo stigmatization and hardship. Heartless provisions that make the offence
non-bailable and non-compoundable operate against reconciliations. It is
therefore necessary to make this offence (a) bailable and (b) compoundable to
give a chance to the spouses to come together.

Page : 298 :

16. OFFENCES AGAINST WOMEN
There are several shortcomings or aberrations in dealing with the offences
against women which need to be addressed. The Committee feels that a man
who marries a second wife during the subsistence of the first wife should not
escape his liability to maintain his second wife under Section 125 of the Code
on the grounds that the second marriage is neither lawful nor valid.
The Supreme Court has held that, for proving bigamy, it is to be
established that the second marriage was performed in accordance with the
customary rites of either parties under the personal laws which is not easy to
prove. Therefore the Committee feels that evidence regarding a man and
woman living together for a reasonably long period should be sufficient to draw
the presumption that the marriage was performed according to the customary
rites of the parties.
As a man can be punished under Section 497 of IPC for adultery, for
having sexual intercourse with a wife of another man it stands to reason that
wife should likewise be punished if she has sexual intercourse with another
married man.
There is a general complaint that section 498A of the IPC regarding cruelty
by the husband or his relatives is subjected to gross misuse and many times
291
operates against the interest of the wife herself. This offence is non-bailable and
non-compoundable. Hence husband and other members of the family are arrested
and can be behind the bars which may result in husband losing his job. Even if the
wife is willing to condone and forgive the lapse of the husband and live in
matrimony, this provision comes in the way of spouses returning to the
matrimonial home. This hardship can be avoided by making the offence bailable
and compoundable.
As instances of non-penal penetration are on the increase and they do not
fall in the definition under the offence of rape under Section 375 of the IPC, the
Committee feels that such non-penal penetration should be made an offence
prescribing a heavier punishment.
The Committee is not in favour of imposing death penalty for the offence of
rape, for in its opinion the rapists may kill the victim. Instead the Committee
recommends sentence of imprisonment for life without commutation or remission.
The Committee however feels that investigation and trial of rape cases
should be done with most expedition and with a high degree of sensitivity. The
Committee therefore, makes the following recommendations:
(115) Definition of the word ‘wife’ in Section 125 of the Code be amended to
include a woman who was living with the man like his wife for
reasonable long period.
(116) Section 494 of the I.P.C be suitably amended to the effect that if the
man and woman were living together as husband and wife for a
reasonable long period the man shall be deemed to have married the
woman according to the customary rites of either party.
(117) Section 497 of the Indian Penal Code regarding offence of Adultery be
amended to include wife who has sexual intercourse with a married
man, by substituting the words “whosoever has sexual intercourse with
the spouse of any other person is guilty of adultery”.
(118) The Code may be suitably amended to make the offence under Section
498 A of the I.P.Code, bailable and compoundable.
(119) Forcible penetration, penile/oral, penile/anal, object or finger/vaginal
and object or finger/anal should be made a separate offence under the
IPC prescribing appropriate punishment on the lines of Section 376 of
I.P.Code.
(120) The Committee is not in favour of prescribing death penalty for the offence of rape.
292
Instead the Committee recommends sentence of imprisonment for life
without commutation or remission.
(121) A suitable provision should be made requiring the officer investigating
to complete investigation of cases of rape and other sexual offences on
priority basis and requiring the court to dispose of such cases
expeditiously within a period of four months.
(122) Specialised training should be imparted to the Magistrates in regard to
trial of cases of rape and other sexual offences to instill in them
sensitivity to the feelings, image, dignity and reputation etc of the
victim.
(123) Provision should be made in the Code permitting filing of F.I.Rs in
respect of offences under Sections 376, 376-A, 376-B, 376-C, 376-D
and 377 of IPC within a reasonable time.

Full Source :>>

Posted in 498a, Articles, biased laws, gender biased laws, india, Judgement, law misuse, men, men`s rights, mynation.net, News, save indian society | Leave a Comment »

Businessman wants to sue minister Renuka

Posted by 498A_Crusader on January 28, 2008

Vadodara, January 28 After filing a case against Union Minister for Women and Child Development (WCD) Renuka Chowdhury before the Election Commission for misleading the people during the December poll campaign, city-based businessman Vijay Wadhwani has now sought permission from the Prime Minister’s Office (PMO) to file a court case against her.
Wadhwani has objected to Chowdhury’s remarks made during the Gujarat Assembly elections that the Domestic Violence Act is not being implemented in the state.

In his four-page application to the PMO, he said, “Union Minister Chowdhury had deliberately lied to the people of this great nation, and especially to the people of Gujarat. As per United Nation Development Fund for Women (UNIFEM), in October 2007, Gujarat had appointed 25 protection officers as part of the process to implement this Act.”

He has now asked the PMO for permission for filing a case under Section 197 of the CrPC and under Section 500 of the IPC and other related sections or a PIL against her. The businessman has also requested Prime Minister Manmohan Singh to guide the EC to make necessary changes in its laws pertaining to the violation of the election code of conduct.

Wadhwani, who runs a chemical business, said, “Renukaji is handling an extremely sensitive ministry. Hence, the concerned people of India are worried about the honest functioning of the WCD ministry under her leadership, as the impact on males is extreme under the Domestic Violence Act.” He added that she should have apologised for hurting the sentiments of the people of this nation.

In his complaint, Wadhwani further said: “Even MP Rahul Gandhi during his election speeches had said that Gujarat had promised to achieve total literacy but still 30 per cent people were illiterate. After elections, we will give you a new government, which won’t be based on lies. Rahul’s another speech said that the Modi government hides behind lies.”

Source :>>

Posted in 498a, Articles, biased laws, dvact, fathers rights, feminism, gender biased laws, india, law misuse, men, men`s rights, mynation.net, News, save indian society, society, women | Leave a Comment »

Why women are on top

Posted by 498A_Crusader on January 27, 2008

Who is the Indian woman?
What image does the nation have of her ?
Who are her role models, what are her dreams, aspirations and how is she changing ?

//Panel forgot to Ask, what is women contribution, id there any Achivement which feed few Families – Answer is NO, Other than Breaking Families. eDitor

On Republic Day when India saw history being made – with the country’s first woman President taking the salute – (Who was suspected in Criminal conspiracy, and Murder Case – eDitor )

CNN-IBN discussed the definition of modernity and debunked the myths of a ‘modern’ society.

In a grand finale of the four-part CNN-IBN-Indian Express State of the Nation Poll conducted by CSDS, moderator Sagarika Ghose had an eminent panel debating, arguing and discussing dominant women issues of current importance.

On the panel were Minister for Women and Child Development, Renuka Chowdhury; Founder partner of Perfect Relations, Dilip Cherian; Director of TRYSIS Shalini Patherya; Development Researcher Yamini Aiyar; former model Feroze Gujral and CSDS fellow Prof Yogendra Yadav.

The perspective and the methodology

There are two dominant images of the modern Indian woman. The first image is that of the meek sati-savitri , an eternal victim who may have donned modern clothes and started living in metropolis, yet she remains her conservative self, steeped in values of a male-dominated society. The other image is that of Durga , the irrepressible rebel, who cannot be contained or tamed.

As for women at work, you may have come across some common stereotypes and impressions and may have wondered if these are well founded. You may, of course, have noted the very narrow definition of ‘work’ involved here, as if any work that does not get paid in return is not work.

The survey conducted by CSDS polled 4,000 women across 40 cities and towns and 68 villages in 20 states with almost 50-50 division between urban and rural samples.

The show discussed the most important findings of the survey and arrived at consensus on some and agreed to disagree on the others.

Living with fear [Read the survey findings]

With incidents of molestation like the one on New Year’s eve in Mumbai on an alarming rise, safety of women assumes primary importance.

The CSDS survey findings regarding safety of women were not surprising. While metros reported the highest number of abuse cases – 57 per cent women in the cities said they had faced some form of abuse – the countryside didn’t fair any better. At least 41 per cent women in villages said they were victims of violence, 17 per cent of whom were physically abused. The figures from small-town India were relatively less alarming with just 15 per cent women admitting to physical abuse.

It’s not just outdoors that women are harassed. At least 22 per cent urban women said they were victims of domestic violence as opposed to a relatively comforting 10 per cent in small towns.

Therefore, the cities emerge as hubs of violence against women, perhaps more dangerous and vulnerable than small towns and villages.

Renuka Chowdhury, who has spearheaded the Prevention of Domestic Violence Bill, said the issue was not just preventing women from being attacked; it was more – or equally – about creating a “sensitised” society. She also insisted that the law is user-friendly.

“Young people today will grow up knowing the law and won’t go around swatting their wives. Just as much as you have laws about murder, rape or dowry, this law will be as effective or ineffective as them,” she said.

Chowdhury also pointed out that it was the first Indian bill, which after becoming a law was reviewed for lacunae and loopholes. “I am happy to say that cases began getting reported from some of the most traditional states in India once the law came into force,” she said.

But Yamini Aiyar had a different take on the issue. While she supported the Domestic Violence Act, she also pointed out how, despite the hostile environment and rigid societal structure women have to live with in villages, violence being reported from these areas is considerably lesser than the cities.

Therefore, the problem lay in the reporting of cases rather than their occurrence.

“It’s important to provide social security and create an environment that makes women come out and report these cases. I think Domestic Violence Act is an important step and there’s a need to sensititise people. We need to create awareness about laws and how they can be used,” she said.

Chowdhury also highlighted an interesting social trend that differentiated urban areas from rural ones in terms of violence against women. “Villages are very self-regulated societies. So if a woman is being beaten up the entire village gets to know. So some village women come together and report the issue. It’s in urban centres that there’s a reverse prejudice,” she said.

With the “reverse prejudice” argument the debate gathered steam.

Often, it’s argued that most women “invite” abuse by dressing “provocatively”, moving about in male company and talking “openly”. The panel debated the heated issue, raising several important points.

Dilip Cherian set the debate in motion by saying that Indian values were getting degenerated in urban centres. “You move to an urban centre, you are in a new environment and everyone is a fair game. And a woman faces the maximum brunt. Obviously, when she is in a different environment, she has to dress differently, she has to make an impact wherever she is and, therefore, becomes the victim. So it’s not about wearing the right clothes or ‘presentation of self’, it’s just that in such an environment, the male gets to be more of a predator,” he said.

Cherian’s point left opinion among the women panelists divided. Feroze Gujral was the first to disagree with the argument that women in India must be “careful” about dressing up/down. She debunked the theory that tank tops spelled trouble and also cited the commodification of women as a reason.

“Why must have I done something ‘wrong’ to get molested or raped? Is it a reactive thing? The problem is how we are using women as icing on any cake, even if it’s a gobar (dung) cake. Just look at the auto shows. Why are models standing next to cars? The advertising and marketing of anything is laced with this attitude,” she said.

Chowdhury, however, said the rot ran deeper than what appeared. “What happens to the women who get raped in villages due to the caste structure? You got to be able to bring all the laws to a threshold from where we move forward,” she said.

There’s also an argument – and some facts to back it as well – that women increasingly use these laws, meant to help them, to settle scores with family or partner. Shalini Patherya acknowledged the point and said she agreed with Gujral’s point.

“It’s not just the law that will bring about some resolution. Education is the real requirement. We need to talk and sensitise people about the want of the woman. Why do you have to dress and invite trouble? It should be a matter of choice. We have to move out of the primitive mindset,” she argued.

Prof Yogendra Yadav explained the trend and backed his logic with the statistics emerging out of the survey. “First of all, stats show urban areas and metros are generally unsafe for both women and men. Second, nuclear families – which are welcomed by a number of women – make them more vulnerable. Third, there’s a culture of silence. So less cases may be getting reported from villages, not because there’s less violence but there’s less reportage,” he said.

But just why do men tease women on streets? Is it an easy thing to do? The audience had some interesting points to make. One of them vouched for sex education among the older men. “Rather than giving sex education to 14-year-olds, the focus should be on the ‘bigger children’ roaming the streets,” he said.

Chowdhury also agreed the language used in such issues needed to change. Phrases like “eve-teasing” (eve, a temptress tempting men to tease her) and “outraging the modesty of a woman” (like only a ‘modest’ woman can be outraged) needed to go out. “This is obsolete English,” she insisted.

Gujral, too, opined that commodification of women or bad language were not the only reasons for increase in violence among women. “People coming from a village to a big city watch Hindi movies – and there hasn’t been one decent Hindi woman-centric movie in ages now – and see and imbibe the commodifcation. Also, as India has it, we are traditionally used to domestic violence. My maid does not think anything of her husband hitting her,” she said.

Career, children, marriage and sex [Read the survey findings]

Figures say a lot about the modern Indian woman’s choices and priorities. While 40 per cent of women surveyed preferred careers to bearing children, a staggering 42 per cent said they were okay with divorce if issues like incompatibility arose.

As for sex, 50 per cent women agreed it was okay for a woman to have bodily desires like men. In the same category a mammoth 76 per cent urban and educated women felt it was okay to have sexual desires like their male counterparts. This figure comes down drastically to 30 per cent among old, non-literate and rural women.

Chowdhury said the issue wasn’t just about sex, marriage or career choices. It was about “status of woman” that has remained undefined in the law. And while there are punishments for degenerating the same, none knows what the phrase means as there isn’t a definition.

“Constitution has defined the status of women which connotes equality. But the law doesn’t say anything. That’s because the men who made the law did not envision a woman to have the right,” she said.

The Minister also said several Government initiatives like ensuring health and nutritional security and equal say in paternal property had done some damage control by broadly putting the phrase in context. “It’s about altering the status of a woman being equated with a TV or motorcycle she brings in the dowry,” she said.

Another trend in Indian society is that marriage is considered as the ultimate aim of a woman’s existence. The institution remains a guarantor of social security in India.

Patherya said it was unclear why a woman should derive her stature either from career or marriage. “She is a holistic person. You need to have everything to achieve a status. The status of women in India is on extreme polarities. On one hand you have women achievers and on the other you have female infanticide on the rise. It’s a strange dichotomy,” she said.

Most women members in the audience too fiercely and equivocally rejected that getting married was the ultimate aim of their lives.

Like marriage alone wasn’t a debate enough by itself, being the ‘single-in-the-city’ sorts was an equally vulnerable position. Aiyar said that after all, anyone’s identity was determined by the society. “It’s tough to find a house in the city if you are unmarried. Your landlord will be difficult, won’t allow boyfriends and make things tough,” she said.

But Gujral – who got married right after her school – shared her experience as a young, married woman and said marriage, in fact, gave her the protection she needed. “I had to pay for my own college despite being from a good family. Marriage was a safe environment for me. Everyone referred to me as Mrs Gujral and I haven’t had a single bad experience in an industry that’s looked upon as dubious,” she said, adding a woman had to divine her position in any relationship and environment, be it work or home.

As for the findings on sex and sexual desires of women, Cherian opined men won’t be able to deal with the idea of a sexually-active and assertive woman. “Because, traditionally men were not expected to deal with women like this. They expected a different kind of woman. Last 200 years we have lived in a happy hypocrisy,” he said.

Cherian’s point, once again, united all women panelists against him. Leading the pack was Minister Chowdhury who said it was a hypocritical statement to make.

Gujral went to the extent of saying the question itself was unacceptable. As human beings – male or female – sexuality is normal and equal. “The whole idea of men getting away with it is nonsensical. And who are they doing it with? Who are they having sex with?” she questioned, eliciting applause from the audience.

The picture is completely the opposite in rural areas where women were still reeling under male-dominated ideas of sexuality. Aiyar said expressing herself sexually was one indication of a woman being empowered. “While urban women have all opportunity, it’s not that fast in rural areas,” she said.

Prof Yadav pointed out that it was the voice and the tone of confidence emerging from the survey that needed to be appreciated – the fact that more and more women were getting confident with themselves, be it work or sex.

Cherian made an interesting rejoinder to Yadav’s statement. “As women get confident, men cringe and then react with violence,” he said.

A member in the audience agreed and said women today were getting “too free.” “While women should cover up, the blame also lies with the migrant population that comes into the city and sees these women,” he said.

Freedom to think and decide [Read the survey findings]

The survey showed 66 per cent women thought their opinions mattered, 39 per cent decided on their careers and only 20 per cent had a say in choosing a life partner.

“We need to think about marriage as social security. So if you are unempowered, the married life offers you security. In a way you do want to leave that decision to someone because they may help,” Aiyar pointed out.

Chowdhury said she was shocked to see more and more urban women wanting their parents to choose a life partner for them. “I don’t know why this is happening. May be that’s because of environment,” she said.

Patherya also said marriages these days had become issues of convenience and pragmatism rather than following the heart. “It’s about having a car and a bungalow,” she said.

Speaking about arranged marriages Gujral said, “I think lot of arrange marriages are not singular. Today if I am a working woman or supporting a household where do I have the time to meet anybody to date? So who are the people you meet. Either you fall in love with college friends. Then you get into a workplace and you find you can’t really marry the guy you like because he is struggling too.”

However Patherya shared a different opinion. She said that a lot of independent women doing well find it difficult to find match who they can look up to, who they can adjust with and who they can get along with.

Yadav replied, “I hear hundreds of reports of girls wanting to marry being taken away by their brother in most cases. Women being shot because they want to marry someone.”

Is beauty the main feature of Indian women?

What are the anxieties of the young Indian women? 40 per cent married women want to be fairer, 52 per cent unmarried women also want to be fairer. Thirty-seven per cent married women wish to be taller while 51 per cent of those unmarried also wish to be taller. The survey also found out that 24 per cent married women and 38 per cent unmarried women want to be slimmer.

Talking about looks, 34 per cent women rate themselves as beautiful.

Taking a cue from the findings, Gujral said, “It’s a big thing in India being fair and every matrimonial ad says ‘fair’ bride wanted. But it’s a silly little recipe for confidence packed in a little tube. And there are millions of women who use that cream and perhaps it’s India’s biggest selling cream and why – just because it’s confidence building.”

Aiyar didn’t agree with the statement. She said, “Beauty is a social stigma and different things are beautiful in different environments and societies. The problem comes when you are deriving your only form of identity from that. The fair and lovely ad says you have to be fair to get a husband, you have to be fair to be beautiful to get a job etc.”

Adding to the debate, Chowdhury said, “Beauty and sringar have been intrinsic to our culture and as a society. Lot of value was given to looks. Unfortunately we have now reduced it to saying that if you are fair then the rest of the world is lovely. And that being fair and lovely equals a job, promotion, life partner etc.”

Proud to be a woman? [ Read the survey findings ]

Fifty-three per cent of all women said ‘yes’ they wanted to be re-born as a woman. The remaining 47 per cent didn’t say ‘no’ while only 29 per cent said ‘no’ and the others were undecided. So, where does the woman stand in the 21st Century?

Aiyar said, “I think we have a lot of things to be optimistic. So let’s just focus on the positive. Take rural India, it’s an extremely complex space. We got a SAG movement where millions of women are working with each other and interacting with bank officials. It’s a tremendous movement of Indian women.”

“I would say that the modern Indian woman is an evolving creature who has evolved much faster than the rest of the society, and I am very proud of what has emerged and I am terrified yet that the numbers are going to shrink,” Cherian said.

However, Patherya was of the opinion that there should be a society in which women don’t need reservations and legislations to move forward.

“We can simply do that because of capability and because of what we are. We are not getting into jobs because we look for the right job, it’s simply because we are right for the job,” she said.

Responding to the view Chowdhury said, “Across the world laws are for the convenience of governance. You need that to govern a society because law is never static. What I want to say is that women already know this, however it’s men who are taking a little longer to understand that.”

Giving the final comments on the State of the Nation survey on Indian women, Yadav said, “We have the emergence of an Indian kind of modernity with its own strength and pathologies. Women are the agents of change. If we look at the social movements throughout the country most of these social movements are led by women.”

The debate ended on the note that modernity of Indian women is not the borrowed modernity of the West. Every woman in this country has her own definition of modernity. The idea is to let her express it without any bindings.

Source :>>

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Posted in Articles, feminism, india, mynation.net, News, save indian society, society, women | 3 Comments »

AVANI

Posted by 498A_Crusader on January 27, 2008

AVANI

Present family name: AVANI
Forename: AVANI
Sex: FEMALE
Date of birth: 17 November 1975 (32 years old)
Place of birth: AHMEDABAD / GUJARAT, India
Language spoken: English, Gujarati, Hindi
Nationality: India
Physical description

Height: 1.56 meter <-> 61 inches
Weight: 53 kg <-> 117 pounds
Colour of eyes: BLACK
Colour of hair: BLACK
Categories of Offences: FRAUD
Arrest Warrant Issued by: AHMEDABAD / GUJARAT / India

Report Here If you See Her >>

Posted in Articles, feminism, india, justice, law misuse, mynation.net, News, society, women | 2 Comments »

BHARTIBEN RAJESH PATEL

Posted by 498A_Crusader on January 27, 2008

BHARTIBEN RAJESH PATEL

Present family name: BHARTIBEN RAJESH PATEL
Forename: BHARTI
Sex: FEMALE
Date of birth: 25 January 1979 (29 years old)
Place of birth: GANGADHARA, India
Language spoken: English, Gujarati, Hindi
Nationality: India
Height: 1.55 meter <-> 61 inches
Categories of Offences: COUNTERFEITING/FORGERY
Arrest Warrant Issued by: NAVSARI, GUJARAT / India

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DOSHI Bhavna

Posted by 498A_Crusader on January 27, 2008

DOSHI, Bhavna

Present family name: DOSHI
Forename: BHAVNA
Sex: FEMALE
Date of birth: (unknown)
Place of birth: India
Language spoken: English, Gujarati, Hindi
Nationality: India
Height: 1.62 meter <-> 64 inches
Categories of Offences: COUNTERFEITING/FORGERY, FRAUD
Arrest Warrant Issued by: MUMBAI / India

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DOSHI RUPAL

Posted by 498A_Crusader on January 27, 2008

DOSHI RUPAL

Present family name: DOSHI
Forename: RUPAL
Sex: FEMALE
Date of birth: (unknown)
Place of birth: India
Language spoken: English, Gujarati, Hindi
Nationality: India
Height: 1.62 meter <-> 64 inches
Categories of Offences: COUNTERFEITING/FORGERY, FRAUD
Arrest Warrant Issued by: MUMBAI / India

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EDADAN OMANA

Posted by 498A_Crusader on January 27, 2008

EDADAN OMANA

Present family name: EDADAN
Forename: OMANA
Sex: FEMALE
Date of birth: 24 November 1953 (54 years old)
Place of birth: PAYYANUR / KANNUR/ KERALA, India
Language spoken: English, MALAYALAM
Nationality: India
Height: 1.60 meter <-> 63 inches
Colour of eyes: DARK
Colour of hair: BLACK
Categories of Offences: CRIMES AGAINST LIFE AND HEALTH
Arrest Warrant Issued by: OOTY / India

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HETAL AMBRISHBHAI VYAS

Posted by 498A_Crusader on January 27, 2008

HETAL AMBRISHBHAI VYAS

Present family name: HETAL AMBRISHBHAI VYAS
Forename: HETAL
Sex: FEMALE
Date of birth: 30 November 1969 (38 years old)
Place of birth: AHMEDABAD / GUJARAT, India
Language spoken: English, Gujarati, Hindi
Nationality: India
Colour of eyes: BLACK
Colour of hair: BLACK
Categories of Offences: COUNTERFEITING/FORGERY, FRAUD
Arrest Warrant Issued by: MEGHANINAGAR / AHMEDABAD / GUJARAT / India

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JAY RAM, Shobha

Posted by 498A_Crusader on January 27, 2008

JAY RAM, Shobha

Present family name: JAY RAM
Forename: SHOBHA
Sex: FEMALE
Date of birth: 11 November 1964 (43 years old)
Place of birth: CHENNAI, India
Language spoken: English, Hindi, Tamil
Nationality: India
Colour of eyes: BLACK
Colour of hair: BLACK
Categories of Offences: FRAUD CONSPIRACY
Arrest Warrant Issued by: AGRA / UTTAR PRADESH / India

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HIMA KAPOOR

Posted by 498A_Crusader on January 27, 2008

Hima Kapoor

Present family name: KAPOOR HIMA
Forename: HIMA KAPOOR
Sex: FEMALE
Date of birth: 9 May 1972 (35 years old)
Place of birth: HYDERABAD, India
Language spoken: English, Hindi
Nationality: India
Height: 1.66 meter <-> 65 inches
Weight: 55 kg <-> 121 pounds
Colour of eyes: BLACK
Colour of hair: BLACK
Categories of Offences: FRAUD
Arrest Warrant Issued by: HYDERABAD / India

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KUNDRA, Sandhya

Posted by 498A_Crusader on January 27, 2008

KUNDRA, Sandhya

Present family name: KUNDRA
Forename: SANDHYA
Sex: FEMALE
Date of birth: 6 June 1965 (42 years old)
Place of birth: BELFAST
Language spoken: English, Hindi, PUNJABI
Nationality: India
Categories of Offences: FRAUD CONSPIRACY
Arrest Warrant Issued by: NEW DELHI / India

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Narender Kumar and Anr – (498a) Justice Dhingra Verdict

Posted by 498A_Crusader on January 27, 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: 03.9.2007
Date of Order: 01.11.2007

Crl.Appeal No. 696/2004 01.11.2007

Narender Kumar and Anr. … Appellants Through: Mr. Atul Jain, Advocate

Versus

State (Govt. of NCT of Delhi) … Respondent Through: Mr. Sunil K. Kapoor, Advocate

Crl.Appeal No. 748/2004

Vijay Kumar and Anr. … Appellants Through: Mr. Atul Jain, Advocate

Versus

State (Govt. of NCT of Delhi) … Respondent Through: Mr. Sunil K. Kapoor, Advocate

Crl.Appeal No. 787/2004

Gyan Prakash … Appellant Through: Mr. Atul Jain, Advocate

Versus

State (Govt. of NCT of Delhi) … Respondent Through: Mr. Sunil K. Kapoor, Advocate

Crl.Appeal No. 749/2004

Jeevani Devi @ Jamuna Devi … Appellant Through: Mr. Atul Jain, Advocate

Versus

State (Govt. of NCT of Delhi) … Respondent Through: Mr. Sunil K. Kapoor, Advocate

CORAM

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.

2. To be referred to the reporter or not ? Yes.

3. Whether judgment should be reported in Digest ? Yes.
JUDGMENT:
1. These appeals have been preferred against the judgment of
learned Additional Sessions Judge dated 10th September, 2004 whereby he
convicted the appellants under Section 498A read with Section 34 IPC and Section
307 read with Section 34 IPC and against the order of sentence dated 14th
September, 2004 whereby he sentenced each of the appellants to undergo RI for 02
years and a fine of Rs.3,000/- under Section 498A and RI for 07 years and a fine
of RS.5,000/- under Section 307/34 IPC.

2. The brief facts necessary for deciding these appeals are that
complainant Veena Rani was married to accused Gyan Prakash on 24th November,
1997. She was admitted to Safdarjung Hospital on 9th May, 2002 by her husband
at about 10.00 p.m. with 25 % burns. She told the doctor that she received burn
injuries accidentally while she was cooking food on LPG stove and her dupatta
caught fire accidentally resulting into burn injuries. Her MLC Ex. PW 3/1 shows
that her pulse rate, Blood Pressure were normal her chest was clean she was
oriented to time, place and persons. The injuries present on her body showed
that she was having thermal burns on upper parts of the body i.e. upper exteme
face, lower abdomen and some patches over the back. Police was informed of the
admission by the duty constable in hospital vide DD No. 4A (Ex. PW 1/1) on the
night of 9th and 10th May, 2002. The investigation was given to ASI Ramesh
Chand, who requested SDM to come to hospital and record statement of Smt. Veena.
Statement of Smt. Veena was recorded by SDM on 10th May, 2002. Doctor’s
endorsement of her being fit for giving statement is Ex. PW 12/1. In her
statement given to SDM (Ex. PW 2/2) she stated that on previous night around
7.00 p.m. she was at home, her jethani and mother-in-law were also at home, LPG
Stove was lying on floor. She was standing near the stove and food was being
cooked. Her dupatta caught fire from the LPG stove and she cried of catching
fire, her mother-in-law and jethani extinguished the fire. Her husband was on
duty at the time of incident. Thereafter, she was brought to hospital by her
husband. She had been living happily with her family and was not being harassed
for dowry, everybody in the family loved her. The incident was an accident and
she had no doubt on anyone. She was in full senses and gave the statement
without any pressure.
3. Father of complainant Roshan Lal came to see her on 10th May,
2002 itself. On 11th May, 2002, her father made an application Ex. PW5/1 to
SDM wherein he stated that her daughter Veena was being mistreated by her in-
laws. His son-in-law Gyan Prakash was having no business or work and due to
this reason his family members used to throw him out of the house and on this
attitude of family of his son-in-law, he had to bring his daughter to his own
house sometime for four months and sometime for six months. His daughter was
having one son, who was also living with him for about last three years. Due to
unemployment of his son-in-law he got his daughter employed in a private firm as
a labour, so that she could maintain herself. During this period he had also
been sending his daughter to in-laws house with the help of inter-mediators.
Mother-in-law of his daughter told him that he should get his son-in-law Gyan
Prakash settled by opening a clothier shop for him. Since he (father-in-law)
was not a rich person this was not possible for him. On 9th May, 2002 around
7.00 p.m. girl’s two jeths (brothers-in-law) viz. Narender and Vijay, two
jethanis (sisters-in-law) viz. Om Prabha and Nirmal and mother-in-law viz.
Jeevani Devi @ Jamuna Devi and her husband Gyan Prakash poured kerosene oil on
his daughter and set her on fire. He was not informed of the incident.
However, he got information on 10th May, 2002 at 10.00 a.m. from some
acquaintance that Veena had met with an accident. So, when he went to know well
being of his daughter at her in-laws’ house there her father-in-law Pandit
Prabhati Lal told him that Veena was in burns ward of the Safdarjung Hospital.
When he reached Safdarjung Hospital he learnt that SDM had already recorded his
daughter’s statement. His daughter told him that she made statement to SDM as
per the wishes of her in-laws since her in-laws had threatened her that they
would kill her and her son and that she would be divorced. By his application
Ex. PW5/1 he requested SDM that another statement of his daughter Veena should
be recorded.

4. After the application made by father of complainant, SDM again
recorded a statement of the complainant Venna (Ex. PW 2/1). In this statement
complainant stated that her husband Gyan Prakash used to do a private job and
she herself was doing a private job. She was having a child around 3 ? years
old. For about a month after her marriage she was kept by her in-laws properly
thereafter her in-laws started harassing her on small things. She remained at
her parents house for 8-9 months thereafter. She was again called by her in-
laws after a compromise and she remained at her in-laws for about two months
thereafter. After two months she was against harassed for dowry. She used to
be told that she had no brother and she had brought so less dowry. She again
went to her parents’ house and lived there for about 8-9 months and again came
back to her in-laws house after a compromise and she was living at her in-laws
house since 8th December, 2001. About 15 days before the incident she had a
quarrel with her Jeth and mother-in-law. Her in-laws had purchased a Maruti Car
on the day of Holi Festival and they told her that in case she wanted to remain
alive she should bring 2 ? lac rupees or a clothier shop be opened for her
husband in Chandni Chowk. She refused to accede to these demands telling her
that her father had no money. On this she was told to pack up and go from the
house. This quarrel continued till the days of the incident. On the night of
Wednesday again a similar quarrel took place and her in-laws gave her beatings
and all went for sleeping. On Thursday morning she got up and cooked meals and
got ready for going to office. She was told by her in-laws that in case she
wanted her safety, she should bring 2 ? lac from her parents or she should call
her father. She however, went to her office/job and after doing her job came
back home. When she came back from office, all members of the family viz. both
her jeths, jethanis and mother-in-law were sitting in the house. Her in-laws
asked her why she had not brought her parents. When she went to her room, she
found that her goods were lying packed. Her mother-in-law and jethani abused
her and told her that she should pick up her goods and go away. When she
refused they bolted the main gate from inside and her jeth said that she should
be beaten. Jethani said that she should be burnt and cremated. In the meantime
her mother-in-law brought kerosene oil in a tin and poured kerosene oil on her.
When she cried then her elder jethani lit fire and set her ablaze. She cried
for being saved then all of them went away from there. A bucket full of water
was lying there, she picked up the bucket, poured water on herself the fire got
extinguished. She asked them to take her to hospital, on this they started
beating her. She kept lying in the house for about two hours and they told her
that they would take her to hospital only if she would not testify against them
otherwise her son and father would be killed. When she agreed to this, she was
removed to hospital. She was also threatened on the way to hospital and even
beaten. She made her earlier statement under pressure. Her earlier statement
was not correct. Since her parents had met her in the hospital now she was
under no fear and had made the statement without pressure. Her mother-in-law
her jeths viz. Narender and Vijay, her husband Gyan Prakash her jethanis Om
Prabha and Nirmal had burnt her.

5. The accused persons were put to trial under Section
406/498/307/34 IPC. Smt. Veena appeared as PW 2 and testified against the
accused persons more vehemently, making improvements even over her second
statement given to the SDM. Her father and mother also testified against the
accused persons and based on the statements, the appellants were convicted.

6. The learned Trial Court observed that the two contradictory
statements made by Veena before SDM have been explained and the testimony of the
complainant given in the Court was trustworthy and cannot be looked upon with
suspicion. The Trial Court also observed that had the complainant been having
nice time with her in-laws and been loved and respected as stated in the first
statement, she would not have turned a somersault and implicated everyone of her
family merely because her father had come to the hospital and met her. The
Trial Court observed that earlier statement made to the SDM was under a threat
and therefore could not be used to erase the credibility of complainant’s
testimony in the Court. The Trial Court also observed that had the incident
been an accident only, the appellant would have not concealed the incident from
the father of the complainant and would have immediately informed the father of
the complainant. The fact that father of the complainant was not informed about
the incident by the in-laws/appellants proves guilty mind of the appellants.
The Trial Court brushed aside the contradictions in the ocular testimony of
complainant and the medical evidence observing the same being inconsequential
holding that the doctor who examined her had not taken the case of the
complainant seriously and considered it as a case of accident and not a case of
burning. Trial Court also brushed aside the contradiction in the stand taken by
the complainant about the incident in her maintenance petition and in the Court
on the ground that there must have been communication gap. There were other
contradictions in the statement of complainant made in the Court and the earlier
statement but all these were considered as immaterial by the Trial Court.

7. It is argued by the counsel for the appellants that the Trial
Court had grossly ignored the entire sequence of the evidence and the
circumstances which proved that the complainant had made false statement in the
Court out of vengeance, only to see that her husband, who was not earning well
and was not able to maintain her properly and the in-laws should be taught a lesson.

8. As per testimony of PW 2 complainant, made in the Court after
marriage, the accused started asking her to bring 2 ? lac from her father or to
get a shop opened for her husband. This part of the testimony is contrary to
Ex. PW 5/1, a written application made by her father to SDM wherein her father
had clearly stated that her son-in-law Gyan Prakash was unemployed and for this
reason he was turned out by his family and he (PW 5) was forced to keep his
daughter with him sometime for 04 months and sometime for 06 months and he also
had to get his daughter employed as a labour in a private company. She in her
statement to SDM and in court tried to make out a case as if she lived at her
parents’ house for 8-9 months together due to dowry demands. Her statement in
Court is also contrary to her second statement made to SDM implicating her in-
laws. In Ex. PW 2/1 she talked of demand of Rs. 2 ? lac after purchase of a car
by in-laws on Holi festival of 2002 while deposing in Court she alleged of this
demand from day one of her marriage. It is clear that it was not a case where
the in-laws were demanding 2 ? lac after marriage of the girl but it was a case
where the girl was married with a boy who was practically unemployed and had no
source of earning. The boy must have been unable to earn livelihood and for
this reason he was being turned out from the house by his own family members.
Had the in-laws been trying to extract money and been asking Rs. 2 ? lac from
the parents of the girl, they would not have turned out their own son. Once a
person grows up and attains age of majority, gets married, he has to earn for
himself and his wife. His elder brothers or parents cannot be expected to
sustain him and his family even after his marriage. Because of joint family
system prevalent in India sometimes the parents go out of way to help such of
their sons, who are not able to earn properly and do establish them in business
or help them to earn livelihood but that is possible only if the parents are
having enough money for this. Where the parents belong to poor or middle class
and do not have enough money to extend this help, they have no alternative but
to turn out such non-earning persons hoping that this would compel him to
sustain himself by striving and struggling. Ex. PW 5/1 is the first admitted
written account from complainant’s father that Gyan Prakash was being turned out
from house time and again, so that he was able to sustain himself and struggle
for himself and it seems ultimately Gyan Prakash got some private job and
started going on work. Complainant in order to sustain herself also got a
private job with the help of her father and the couple left their son with
maternal grand parents out of poverty. The initial period of their married life
went like that. It has come in evidence that father of the girl was running a
clothier shop in Gurgaon. It is possible that the parents of Gyan Prakash had
asked father of the complainant to help Gyan Prakash in opening a clothier shop
when he was unemployed however, there was no dowry demand alleged by PW 5 in his
application Ex. PW 5/1. Had there been any persistent dowry demand as testified
by PW 2, nobody stopped PW 5 from writing the same in his application made to SDM.

9. Let me consider the different statements made by the complainant
in this case. In her first statement, she told SDM that she met with an
accident. Presuming that this statement and the story of accident told by the
complainant to the SDM was made under pressure but there was no pressure on the
complainant as far as other facts are concerned. In her first statement, made
to SDM she stated that her husband was on duty at the time of incident and at
that time her mother-in-law and jethani were at home. One may consider that
there may be pressure on her to say that she had caught fire by accident but
there could be no pressure on her to mis-state about the presence of persons in
the house at the time of the incident. As per her first statement, except her
mother-in-law and one jethani, no one was present at home at the time of
incident. However, in the second statement Ex. PW 2/1 she stated that her
mother-in-law, two jeths and two jethanis were present at the time of incident
and her husband was not there when incident of burning took place. Her jethani
and mother-in-law bolted the outer door from inside. In her statement before
the Court she went further and made her husband also present at the time of
incident and stated that it was her husband who bolted the door from inside at
the time of incident. It is obvious that her testimony in respect of presence
of persons at the time of incident is changing from one statement to other and
the effort was gradually to implicate every member of the family. This reflects
the mental process of the complainant who seems to wrack vengeance against the
family by implicating one after statements of the family members in successive.

10. In her testimony, she alleged that a number of times she used
to be confined in a room under lock and sometimes she used to be kept hungry for
two days at stretch and sometimes she used to be turned out of the house. She
has not stated any such thing in Ex. PW 2/1 her second statement to SDM.
Moreover, she was a working girl. She was attending her office at Gurgaon and
used to commute by the conveyance provided by the company, as is admitted by her
in her cross examination. She was working as a labour. If she had been
confined in the room for a number of days she would not have been able to attend
office and would have been terminated from service for regular absence from the
office. This aspect of her testimony whether she was attending office regularly
or not could not be verified by the IO because she in her statement to the SDM
had not stated that she was confined by her in-laws in the room. Keeping her
hungry is also not believable since she was living with her husband in a
separate room, as is admitted by her in cross-examination and she was going to
office daily. She herself stated that on the day of incident she had cooked
meal in the morning and went to office. A lady who used to cook food herself
cannot be kept hungry by others. Moreover, she had every opportunity of taking
meals at her work place. Her purse recovered from the room contained Rs.1,500/-
showing she used to carry sufficient money to enable her to meet her
requirements. In her statement before the SDM she stated that her husband was
doing a private job, while in her testimony before Court she stated that her
husband was not working anywhere. In her statement before the SDM she stated
that she was being taunted by in-laws that she had no brother while in her
testimony she admitted that she had a brother. In such a case nobody could have
taunted her that she had no brother. In her testimony she stated that there was
no telephone at her parents’ house and telephone was installed only after the
incident. However, her father PW 5 in his testimony stated that there was a
telephone in house even before the incident and demand of Rs. 2 ? lac was made
by mother-in-law on telephone and accused Narender and Vijay also talked on
telephone. He also asserted that he was informed about the incident by some
acquaintance on telephone.

11. Her testimony seen in the light of previous admitted statement
shows that in order to implicate each member of the family she changed the
version of incident. In her testimony in the Court she described the incident
of burning her differently. She stated that her mother-in-law Jeevani Devi @
Jamuna brought Kerosene Oil and when she tried to save herself running here and
there, she was held by her both jeths (brothers-in-law) and her sisters-in-law
Nirmal pressed her hand against her mouth to prevent her from raising alarm and
then mother-in-law poured kerosene oil and her elder sister-in-law Om Prabha set
her ablaze. Her husband had bolted the main door from inside and did not try to
save her. After she was set ablaze, she rushed to tap and poured water kept in a
bucket on her. She also tore her clothes and extinguished the fire, of her own
efforts. Her testimony in the Court was recorded on 1st May, 2003. She was in
a better position to remember the details on 11th May, 2002 i.e. soon after the
incident when she described the incident to SDM in Ex. PW 2/1. The description
of incident given by her in her statement to SDM on 14th May, 2002 is altogether
different from the description given by her in the statement given in the Court.
She has nowhere stated in her earlier statement that she had torn her clothes.
She did not state that she was held by her two jeths or her mouth was gagged by
her jethani Nirmal or her husband bolted the door from inside and kept watching
but did not try to save. In a case of maintenance her allegations changed. Her
unemployed husband suddenly started earning Rs.8,000/- p.m. and she was set
ablaze by her jethani Nimal and not Om Prabha. All these improvements and
changing versions have been made by her just to see that entire family is
implicated.
12. It is her own case that a container of 05 litres of kerosene
oil was poured on her. 05 litres of kerosene oil is an enormous quantity of oil
and if this quantity is poured on a person and fire is lit, he/she will
immediately turn into a fire ball. Presuming that the complainant had
extinguished the fire immediately by pouring a bucket full of water on herself
and by tearing her clothes, in that case the unburnt kerosene oil would remain
on clothes and she would have been profusely smelling of kerosene oil. Not only
her clothes but her entire body would have been drenched with kerosene oil and
her clothes would have been drenched with kerosene oil and water. It is not her
case that when she was removed to hospital her clothes were changed or she was
washed off and bathed, rather her allegations are that she was continuously
beaten for two hours before having been removed to the hospital and she kept
lying there for two hours in kerosene oil and water. It cannot be believed that
on seeing a patient in such a condition, doctor would have closed his eyes and
would not record the condition in the MLC. There is no mention of smell of
kerosene oil coming from her body in MLC, there is no mention of traces of
kerosene oil on her clothes, there is no mention of her clothes being torn,
there is no injury on any part of her body except the burn injuries in the MLC.
A woman, who had been continuously beaten for about two hours definitely would
receive some injury on some part of the body but no injury of the nature was
found on her body as per MLC. The oral testimony of Smt. Veena/complainant is
totally in contradiction with the medical testimony.

13. It is rightly said that men may lie but circumstances do not.
Her lies have been nailed down by the circumstances. There is no seizure of
torn clothes soaked with kerosene oil or water, there is no seizure of kerosene
oil container by the IO moreover, there is no mention of kerosene oil smell
either from body or from clothes and there is no mention of torn clothes by the
doctor in the MLC. All these circumstances show that the entire story put
forward by the complainant was a cooked up story and no kerosene oil was poured on her.

14. If two of her jeths had caught her so that she could be doused
with kerosene oil and one jethani had gagged her mouth as alleged by her,
nothing would have stopped them from burning her completely so that she did not
survive. It only seems that none of the persons except mother-in-law and one
jethani were even present when incident of burning took place and the incident
seems to be an accidental burning and that is why she received only 25% burns at
upper part of her body near neck. The nature of injuries confirms to her first
version that her dupatta caught fire, fire travelled through dupatta to her
upper portion. Since dupatta is normally worn by ladies around neck and keeps
hanging the burns in this case seen to be due to presence of dupatta on the
upper portion i.e. on neck and back that fire had travelled through dupatta on
the upper parts of clothes worn by her.

15. Trial Court has heavily relied upon a presumption against the
accused persons that parents of the girl were not informed. This is also belied
by the witnesses. PW 13 (Raghbir Prashad) is brother-in-law of the complainant
(sister’s husband). He learnt about the incident on 9th May, 2002 i.e. on the
day when the incident happened from his father-in-law who informed him on
telephone about the incident. However, he did not visit Veena at the hospital
and met Veena at her residence only after 5-7 days of the incident. This
witness has not been cross examined by the APP on any point. He is a
prosecution witness. This testimony cannot be brushed aside. This shows that
father of girl was informed on 9th May, 2002 itself, that is why he could inform
PW 13 on telephone on 9th May, 2002 but since the incident was not so serious
and the burns were received accidentally and complainant was not in any danger
of life, it was not taken seriously by this witness and he did not even visit
his sister-in-law at the hospital and met her only when she came back home after
5 days. The non-serious nature of the incident is also reflected from the testimony of Smt. Kanta PW 6, who is mother of the complainant. She stated that
she was informed about the incident by her husband, who made her a telephone
call in the morning of Saturday i.e. 11th May, 2002 and thereafter she went to
hospital. Had the incident been serious her husband would have informed her at
least on 10th May, 2002 when she claimed that he learnt about the incident and
she also would have visited her on the same day along with her husband.

16. PW 2 testified in the Court that after getting her bandaged,
none of her in-laws looked after her and all left the hospital. Her testimony
is belied by the testimony of her own father. Her father stated that when he
reached hospital on 10th May, 2002 her mother-in-law, brother-in-laws etc. all
met him in the hospital. Similar is the testimony of her mother, who visited her
on 11th May, 2002. It shows that PW 2 was out to speak patent lies in the
Court.

17. There is another important factor in this case which shows that
the case of dowry demand and breach of trust under Section 406 IPC was falsely
foisted on the accused persons. PW 11 Sushma Rawat, SI CAW Cell, who
investigated the case testified that she had visited the house along with the
complainant and all her jewellery, dowry articles etc. were found in the room in
which she was residing when she was living with her in-laws. It was her room
and there was an almirah in the room and the key of the almirah was in the purse
of the complainant. The purse was also lying in the same room and her entire
jewellery and Rs.1500 were found in the almirah. That shows that complainant
and her husband were living separate in one room and her entire dowry articles
and istridhan was in her own custody and none of the other in-laws had any kind
of greed to take away her jewellery or her articles neither her goods were lying
packed. The story of demand of Rs.2 ? lac seems to be an invention made by the
complainant and her father just to make a false case against the accused
persons. Her father in his testimony stated that mother-in-law and brothers-in-
law demanded Rs.2 ? lac from her on telephone much prior to the incident. Had
it been so PW 5 in his written application Ex. PW 5/1 would have mentioned about
this demand because in this application he has mentioned everything possible
against the accused persons. A demand of Rs.2 ? lac seem to be invented in
consultation before making statement to the SDM and that is why when subsequent
statement was recorded by the SDM of complainant, her father and mother this
demand was included in the statement while prior to that in Ex. PW 5/1 there is
no mention of demand of Rs.2.5 lac neither it is mentioned that boy wanted a
shop for him to be established in Chandni Chowk, what mentioned is the abject
poverty of the boy and his inability to earn.

18. I consider that the story of the complainant that she was
threatened by her husband and in-laws for making statement to doctor and SDM
about her accidental burning is palpably false. Her husband was not even at
home when the incident took place. Her husband used to go for his job and
perhaps come back home after the arrival of his wife. He was working as a
labour. The son of parties was living at Gurgaon with father of the girl. Her
husband was not a criminal neither it is alleged that he had any criminal
background. A poor man who was starving for his survival and had to work as a
labour from morning till evening for livelihood, could not have given threats to
kill his own son and father-in-law. This story of threat seems to have been
developed later on by the complainant in consultation with father. The question
would arise why the complainant would falsely implicate her in-laws. It is
undisputed that complainant was not happy with her matrimonial life. Her
husband was an idle man, who earlier was not doing any job. Complainant had to
live at her parents’ house for 8-9 months together because of poverty of her
husband. Complainant’s son was also being brought up by her father because of
the poor financial condition of her husband. Complainant herself had to take a
job as a labour. She was living with her husband while her son was living with
her father in Gurgaon, miles away. It seems that after the incident her father advised her to call it a day and break this relationship once for all. But
simultaneously it seems that it was decided that the in-laws must be taught a
lesson for ruining the life of the complainant as she was got married to a
worthless boy. May be some false representations were made at the time of the
marriage about the worth of the boy. It is not uncommon that someone may decide
to end the unhappy married life. It looks that the complainant made allegations
of threat etc. only to turn a ‘U’ turn, as she and her parents had decided to
call it a day for the unhappy married life of the complainant.

19. It must be understood that god had not made any two persons
same with the same ideas, qualities and it must be acknowledged that marriages
do fail and there is a mismatch not only in arranged marriages but even in love
marriages. The mismatch is discovered during the continuation of married life.
No doubt poverty is a curse and a poor man has to suffer in the society at
different fronts but I consider that despite poverty being a curse, poverty
cannot be made a crime. Neither the failed marriage can be made a crime. In
this case, the poverty was not only a curse for the boy but it made to be a
crime since due to his poor condition he could not provide all that which he
should have provided to the wife and the wife ultimately saw to it that not only
he but everyone of his other family members land in jail. Every marriage that
fails does not fail due to dowry demand or cruelties. The marriages do fail for
several other reaons including the reason of incompatibility of the persons. A
failed marriage is not a crime however, the provisions of Section 498A are being
used to convert failed marriages into a crime and the people are using this as
tool to extract as much monetary benefit as possible. In many cases, where FIRs
are filed under Section 498A IPC, petitions are being filed under Section 482
Cr.P.C. for quashing of FIRs after settlements between the parties and the
allegations made of cruelties etc. are withdrawn the moment a lump sum payment
is received. Involving each of the family members of the husband is another
arm in the armory of the complainants of failed marriages. Not only close
relatives but distant relatives and even neighbours are being implicated under
Section 498A and other provisions of IPC in cases of failed marriages. The
Courts must be very cautious during trials of such offences. In all these cases
in the name of investigation, except recording statement of complainant and her
few relatives nothing is done by police. The police does not verify any
circumstantial evidence nor collect any other evidence about the claims made by
the complainant. No evidence about giving of dowry or resources of the
complainant’s family claiming spending of huge amounts is collected by the
police. This all is resulting into gross misuse of the provisions of law. The
investigating agency in all such cases must collect all circumstantial and other
evidence in respect of claims made by the complainant and similarly Courts
should always be careful in considering the credibility and truthfulness of the
statement of the complainant and relatives.

20. From the entire documents and the testimony of the witnesses I
come to the conclusion that it is an unfortunate case where the complainant by
making false statement implicated the entire family in offences of under Section
307 and 498 A IPC. The Trial Court was not cautious enough to even look to
admitted documents on record before convicting the family on mere statement of
an estranged wife. Trial Courts should guard themselves from being swayed by
emotions. They should consider entire circumstances and should carefully
analyze the entire evidence. Poverty should not be allowed to become a crime.
Neither failed marriage be permitted to be a crime.

21 I allow these four appeals. All the persons/appellants are acquitted of Section 498A and Section 307 IPC.

22. The appellants, namely, Gyan Prakash in Crl.Appeal No.787/2004 and Smt.Jeevani Devi @ Jamuna Devi in Crl.Appeal No.749/2004 are directed to be released forthwith.
A copy of the judgment be sent to the Superintendent, Central Jail, Tihar.

November 01, 2007 SHIV NARAYAN DHINGRA, J.

Source :>>

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Why Alimony ?

Posted by 498A_Crusader on January 27, 2008

What is Alimony:
Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces. Alimony is an award for support and maintenance that one spouse may be compelled to pay to another after dissolution of the marriage,

In the common legal sense of the word, alimony is the allowance which by order of the court a husband pays to his wife for her maintenance while she is living separately from him, or the allowance or provision ordered by the court to be paid by her former husband to a divorced woman. There are two kinds of alimony, the one kind, alimony pendente lite, being an allowance to the wife pending a suit between herself and her husband, and the other the allowance or provision after suit, and which is known as permanent alimony. Source >> www.newadvent.org/cathen/01313a.htm

American version of alimony with definition.:

For example, suppose two individuals who married in 1985 agree in 1995 to divorce. At the time of the divorce, the husband earns $63,000 a year, after seven years at a large company where the top pay for his specialty is $80,000. When the couple married, he was in graduate school and the wife was earning $22,000. The wife worked for three more years, supporting the husband while he completed his coursework and graduated.
When their first child was born, they agreed that the wife would care for the child at home. At the time of divorce, the wife had been working full-time for one year since the couple’s children, ages seven and six, had entered school. She was earning $23,000 a year and would have custody of the children.
A judge in this case would certainly award child support and would probably divide marital property equally between the couple. But it might not seem fair to the judge to allow the husband to leave the marriage with the sole possession of the couple’s most valuable asset—his earning potential—when the wife contributed to his education by supporting him.
Unlike the family’s home or station wagon, the husband’s earning power has not yet reached its full value, but it promises to grow. It seems especially unfair for the wife not to receive a share of it since after helping the husband attain his education she agreed to forfeit her earning power to invest time in the family. The several years she spent out of the workforce continue to handicap her earnings. Alimony is the only means available to the court to avoid a potentially unjust division of assets.

Source : legal-dictionary.thefreedictionary.com/alimony
Scenario 1: When I Found a job in a big metropolitan city, I’m in search of accommodation; I asked my friends to look one for me. They found one lady ready to share her house, as she was staying alone. She told my friends that she will take huge amount of Advance or surety and Rent, but when I moved in she did not asked any nor after that. She was working in managerial capacity so she did not wanted any money as a rent, I was cooking myself, so she also joined me, as she liked my home food. She was out of house most of the house, and I was coming home early then I started to do house work cleaning also. She was paying all maintenance and bills of the house even every week she was ordering weekly ration / groceries. I hardly paid anything, as she knew I earn meager amount. As time passed by we drew closer and end up in BED together, we both enjoyed, I fulfilled all her fantasies and wild desires.

Later after few years I fell in love with other girl, and she found out.
  After this incident, she asked me to vacate her house.
  I went to Police and gave complaint that she is harassing me and asking to vacate her house.

BUT POLICE DID NOTHING AND THEY REFUSE TO TAKE MY COMPLAINT.

I went to court asking support as I was homeless, and with meager salary it is difficult maintain myself in big metropolitan city.

COURT ALSO DID NOT TAKE MY CASE.

SCENARIO 2: I was having good job and my own house and very good reputation in society. I found a girl where I was working and she moved in with me and we started to live together. She was receptionist and she was working in fix time, so she was coming home early. I was in management position, so my timing was differing everyday. As she was coming early she was cooking and cleaning, and we got physical too. Most of the time I was coming late, business meeting and out of town visits. once I went to other town and told her I’ll be back after a week, but within 2 days I fell ill and I returned back to find this girl with her lover on my own bed.

I asked her leave my house immediately, but she went to police and reported, that I’m harassing her and asking dowry.

Police registered complaint on her one word, without varifing any facts, Even there was no enquiry or investigation; and I was in jail for 15 days till I got bail. Not only me she charged my old parents who never visited us and they were in 1000Km far away native place. All are booked under Dowry and domestic violence Act.

When I came out of jail, she already got Court order to not to vacate her, and restrain me from my own house.

In America (USA) wife is entitled for alimony on this example can be justified. (Ref:to receive a share of it since after helping the husband attain his education she agreed to forfeit her earning power to invest time in the family. The several years she spent out of the workforce continue to handicap her earnings) 

BUT, THIS IS WHAT HAPPENS IN INDIA. (Two Scenarios)

When marry Indian women bring nothing, nor her parents give anything to Man / Husband
When man goes to police, complaining about his wife, Police never take any complaint, Even he produce proofs of threats and wound.
When husband caught wife with her extra marital Affairs she can file dowry case and domestic Violence case on husband, even his old parents ho never visited her.
Women can legally occupy husband house, even she never contribute anything to build the house.
Even Husband is forced to pay her Alimony, Even he caught her Red handed.

As Per Scenario #1
If man goes to police they will not take complaint.
Police will not arrest her
Even she work and earn huge amount man is not entitled for alimony.

Now the question is:
We all know Wife hardly bring anything WHEN SHE MARRY
She will not contribute ANYTHING to build house.
What she do as a housewife, cooking and cleaning, servants also can do for less.
In sex man is the not the only one WHO enjoy, she IS also enjoy.

So when she leaves for her own fault why Indian men forced to pay ALIMONY.
Why she get half of his Property, along with all gifts he gave.
WHY THIS PARTIALITY
WHY THIS STEP MOTHER POLICY.
WHY ALIMONY.

Source :>>

Posted in 498a, Articles, biased laws, domestic violence in india, dvact, feminism, gender biased laws, india, law misuse, men, men`s rights, mynation.net, News, save indian society, society, women | 1 Comment »

SRIROOPA DEVI VAJJA

Posted by 498A_Crusader on January 27, 2008

Sriroopa Devi Vajja

Present family name: VAJJA
Forename: SRIROOPA DEVI
Sex: FEMALE
Date of birth: 15 October 1973 (34 years old)
Place of birth: VIJAYAWADA, India
Language spoken: English, Hindi, Telugu
Nationality: India, United States
Height: 1.58 meter <-> 62 inches
Weight: 58.5 kg <-> 129 pounds
Colour of eyes: BROWN
Colour of hair: BLACK
Categories of Offences: CRIMES AGAINST CHILDREN, KIDNAPPING
Arrest Warrant Issued by: DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA / United States

REPORT HERE IF YOU KNOW HER >>

More fugitive list click here : >>

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Why no alimony for ex-husbands

Posted by 498A_Crusader on January 27, 2008

Source : the official record of parliamentary debates :- Very Good Parliment debate on alimony to Ex Husband.

In 1996, the Women’s Charter underwent a number of amendments to include provisions on domestic violence, division of matrimonial assets, enforcement of maintenance orders and recognition of marriages of sex-changed persons. This appendix covers the debate about whether women who were financially better-off than their husbands, should be liable to pay alimony upon divorce. For the excerpts of speeches relating to marriage for sex-changed persons, see Marriage for sex-changed personsIn this appendix, the indented text are directly from the Hansard. The non-indented text are remarks by Yawning Bread to set context.
 

The second reading

On 2 May 1996, the Minister for Community Development, Abdullah Tarmugi, moved the second reading of the Women’s Charter (Amendment) Bill. His opening remarks were these:

Sir, the Women’s Charter was enacted in 1961. Over the years, the Charter has been amended to address emerging social issues and changing expectations of the public. The last amendments were made in 1980.

Sir, my Ministry undertook the review of the Women’s Charter following feedback from the courts in 1993 about inherent limitations of some of its provisions. A wide spread of views, including those from other Ministries, the Committee on the Family, the courts, some women’s organisations and professionals, were sought during the review….

Later that day, Nominated Member of Parliament, Kanwaljit Soin, rose to speak. She addressed a number of features of the proposed amendments, one of which was that of equality of the legal provisions for alimony. On this aspect, she said,

When the Women’s Charter first came into existence in 1961, only one in five women was in the workforce, but now women constitute 40% of the labour force. Half of the married women are working. But if you look at the younger women, Sir, the married female labour force participation rate is much higher, at 65%. Not only do we have more and more dual income families, but the husband and wife are both better educated.

In 1994, 70% of both brides and grooms (non-Muslim) had at least secondary education. Also, in 1994, 28% of brides with secondary qualifications married grooms with below secondary qualifications. Similarly, 37% of brides with upper secondary and 28% with tertiary qualifications married downwards in 1994. In the same year, 98% of grooms and 82% of brides were working.

The present reality is that most wives work and some of them earn more than their husbands. We have to keep this picture in our mind as the context in which we should be amending our matrimonial legislation. If we do not do this, then our amendments will be outmoded and irrelevant.

Thus, for the modern young couple, a marriage is an emotional union and an economic partnership. Fortunately, some parts of the present Women’s Charter are very progressive and reflect this aspiration of marriage as a partnership.

Sir, section 45 enunciates a vision of the equal partnership of the spouses, and I quote [colon] “The husband and wife shall have equal rights in the running of the matrimonial households.”

Section 46 does away with the outmoded belief that the wife’s domicile by virtue of marriage is determined by the husband’s domicile.

Furthermore, under section 61, not only a father but also a mother can be ordered by the court to maintain a legitimate or an illegitimate child financially. All these three sections affirm that marriage is a partnership inclining towards equality.

Thus, Sir, we have to keep three facts in mind:

(1) The general sense of equality expressed in the Women’s Charter.

(2) The idea of marriage as a partnership which is espoused as an ideal by the younger generation.

(3) That most younger wives are in the workforce and a sizable number earn as much, if not more, than their husbands.

It is these realities that must be reflected in the Women’s Charter and the amendments if the legislation is to make sense.

It is not satisfactory if there is a gulf between people’s expectation of family life and the provision in family law legislation. Prof Leong Wai Kum, who is from the National University of Singapore and a legal expert in marriage and family law, put this sentiment very succinctly when she said, and I quote, “We respect a family law more when it mirrors our lives and hopes.”

At this stage, I would like to point out some inconsistencies in the Women’s Charter. On the one hand, the Charter treats the woman as a non-economic unit. Section 61 and section 107 empower the Court to order the husband to maintain his wife or ex-wife bit not the other way around.

However, on the other hand, when it comes to the maintenance of children, the wife is treated as an economic unit. This is spelt out in section 122(3) and section 61(2). The Court can order the woman to maintain her legitimate or illegitimate child. Thus, either or both parents have a duty to maintain a child.

I think it is time for us, Sir, to have consistency in the law. Furthermore, we must also reflect the reality of the wife as an economic unit as earlier figures that I quoted show very clearly.

We therefore have to amend the Women’s Charter to allow husbands to claim maintenance from their wives, in appropriate circumstances. Presently, only a husband owes a legal obligation to maintain a wife. And here I quote Prof Leong again, “A wife does not owe a similar obligation and can ignore the subsistence needs of her husband even if she were fully capable of meeting them. This cannot be right. So while this obligation is not likely to be enforced often, it should be a part of the law.”

Therefore, I think it is only fair and equitable to give the Courts the power to order maintenance of the husband by the wife if such a necessity arises. This change will also allay any perceptions that the Women’s Charter discriminates against men. In this era, maintenance should be on the basis of need and not on gender.

Two practical instances that come to mind are where a husband cannot find work due to illness or has care and custody of the children and can only do part-time work as he has to look after the children. In such situations, wives should be asked to maintain their husbands.

Would the Minister please consider amending section 61 (subsection 1), section 107 and section 108 (subsection 1) so that either spouse can apply for maintenance and appropriate assessment can be made of the amount of maintenance?

She then went on to address other aspects of the amendment bill.

In his reply, the minister, Abdullah Tarmugi, said,

She [Dr Soin] mentioned maintenance for husbands. I wish to clarify that under the existing provisions of the Women’s Charter, the court can also order a woman to contribute towards the maintenance of a child, as the Member has mentioned, where the court is satisfied that she has the means to do so. As for allowing maintenance for husbands, I am of the view that the existing provisions of allowing only women to claim maintenance from men should be maintained, at least for the present. Call me old fashioned if you will; call me a male chauvinist if you must, but my upbringing and my background tell me that it is the duty of the husband to maintain his wife. And I think I speak for most, if not all, the husbands in this House.

In response, Soin rose again to say,

Sir, can I seek a point of clarification, please? I respect the Minister’s view. He wants to be old-fashioned or male chauvinist. But I would like to clarify that when we are making a public policy stand we will have to leave aside our personal feelings and look at what the social context is. So I would like the Minister to clarify this point about maintenance in view of the statistics that I quoted that many women are marrying downwards now and earning as much as, if not more. In that type of a social milieu, Sir, would the Minister reconsider that husbands can be entitled to maintenance under appropriate circumstances because in the end it is the welfare of the family that may be compromised if in appropriate circumstance we do not award maintenance to the husband?


Abdullah Tarmugi:

Sir, I appreciate the Member’s concern. Notwithstanding what I have said, I think we can still discuss this further in the Select Committee.

With regard to whether it is my personal view, whether I am old-fashioned or male chauvinist, I do realise that, Sir. In fact, Members must have known that my own stand on marriage between transsexuals, for example, is quite different from what I have said here. In other words, amendments could be made to allow this. So there is a difference between how I feel and how I feel the law should be applied to the community.


And so the bill was sent to a Select Committee, from where it re-emerged for its third reading, in August 1996.


The third reading

Soin’s suggestion did not get through the Select Committee, and the amended Amendment bill that came for the third reading failed to reflect her point.

In introducing the third reading on 27 August 1996, Abdullah Tarmugi, the Minister for Community Development, touched on this:

Dr Kanwaljit Soin had proposed during the Second Reading of the Bill that partial rights under special circumstances, if not full rights, be extended to husbands to claim maintenance from their wives. Sir, differing views were received from representors on this by the Select Committee. Those who supported this proposal argued that an increasing number of women are better educated and earning just as much if not more than their husbands. Those who supported partial rights suggested that such rights be extended to a man when he is disabled or has custody of the children and needs to take up a part-time job. Those who objected to the extension of maintenance to husbands argued that the reality of the situation is that the majority of women still earn lower salaries than their husbands. In most cases, the burden of caring for children, the house and the spouse still falls largely on women. These representors were of the view that as disparity still exists between men and women, it would be untimely to consider such a proposal at this juncture.

The Committee notes that women have advanced over the years. However, the Committee also notes that there is still some disparity, though a decreasing one, between most men and women. As such, the Committee agrees that it may not be timely to introduce such a provision now.

Mr Speaker, Sir, the Committee also notes that there are existing provisions in the Women’s Charter under which a mother can be required by the court to maintain her child. A mother is therefore not absolved from maintaining her children if she is in a position to do so. The Committee thus recommends that the existing provision for only men to maintain their wives and children be retained.


It’s a bit of a mush, as explained in the article Ego trumps equity and was begging to be called so. Soin rose to the occasion.

Kanwaljit Soin:

…. I fail to understand the Minister’s stand in the area of maintenance for husbands. I see contradictions in adopting the position of allowing wives to claim maintenance from their husbands but disallowing husbands to do the same. Sir, let me explain.

The Women’s Charter was first passed in September 1961 and at that time it was hailed as a very progressive piece of legislation. One of the main reasons for labelling it thus was section 45 which laid out the equal rights and duties of a husband and wife, and I stress, equal rights and duties of a husband and wife.

I would like to read this section 45 to refresh the memories of some Members who seem to have forgotten it.

(1) Upon the solemnisation of marriage, the husband and wife shall be mutually bound to cooperate with each other in safeguarding the interests of the union and in caring and providing for the children.

(2) The husband and wife shall have the right separately to engage in any trade or profession or in social activities.

(3) The wife shall have the right to use her own surname and name separately.

(4) The husband and wife shall have equal rights in the running of the matrimonial household.

Thus, as far back as 1961, the Women’s Charter clearly propounded the idea of marriage as an equal partnership between a man and a woman.

Thirty-five years have rolled by and a whole new generation has grown up. New realities have emerged which are in keeping with the original enlightened section 45 of the Women’s Charter but the sad fact is that the present repeal and re-enactment of section 61 is out of step with section 45 of the Women’s Charter.

The re-enacted section 61 allows a wife to claim maintenance from her husband but does not allow a husband to have the same right. This is not only at variance with section 45 but is also incongruous with today’s reality of economically active wives. There is no rational distinction between a financially able husband and an equally financially able wife. 40% of married couples have both wives and husbands working for a living. 80% of new brides are working and among the younger couples, one-third of the brides are marrying grooms with lower educational qualifications and presumably these brides are therefore earning more than the grooms. In this changed socio-economic context, why are wives not being asked to shoulder the responsibility of supporting their husbands financially? If the Minister does not want to take such a bold but necessary step, then he may wish to consider a compromise, and politics is full of compromises, and follow the example of the Malaysian law which gives limited rights to the husband to claim maintenance from his wife when he is ill or incapacitated. During the Select Committee hearings, I think five representors representing women’s groups expressed the view that maintenance to husbands, especially in appropriate cases, should be given. These women’s groups represent the views of a wide cross section of women.

Considering the changed socio-economic context of 1996 as compared to 1961, and considering that women’s groups generally want the law to be changed, especially when husbands are disabled or sick, I fail to understand the reluctance and resistance of the Minister to take cognizance of this. Besides ignoring many women’s views, there are wider implications of not allowing husbands to claim maintenance from their wives.

If a woman is capable of supporting her husband or her former husband who needs maintenance, especially if he is sick or disabled, then why are we allowing the woman to get away without fulfilling her responsibility? If a woman earns a good income but does not voluntarily want to support an ill husband, why should this burden then fall on society and the taxpayers while the woman gets away scot-free? A comparison can be made with the Maintenance of Parents Act where unfilial children have to shoulder the responsibility of maintaining their parents and not leaving ti to society in general.

Let me give you one concrete example. Wife who is is a stockbroker is earning a lot of money but she does not get along well with her husband who happens to be sick and has kidney disease and therefore is unable to work. The husband and wife, as I said, do not get along well and so the wife does not want to support him. Why should the sick husband not be able to claim maintenance from his wife but instead he has to turn to Medifund or some other publicly financed agency to help him in his health care costs and for his daily care and needs? Why should society have to maintain the husband when the wife or the ex-wife is shirking this responsibility but can afford it?

Therefore, Mr Deputy Speaker, Sir, to take on our rightful responsibility towards our husbands and to consolidate the idea of marriage as a partnership, many individual Singaporean women, women’s groups and I want husbands, especially those who are sick and disabled, to be able to claim maintenance from their wives. However, the Minister is not listening to us. And this situation puts us in a difficult and no-win position because as long as this discrimination exists in law, women will be accused of not shouldering their responsibilities. This is manifested in some of the letters which are written to the Straits Times complaining that since women do not have to maintain husbands, women should not be asking for equality of treatment in other fields. Through no fault of ours and because the Government does not want to listen to us, the women of Singapore have to put up with the barbed insults of some Singaporean men. I would therefore like to request the Minister to equalise the situation in the law by just changing the word “wife” to “spouse” and that is all the Minister will have to do. And if at this time there are very few husbands who would want to claim maintenance from their wives, so be it.

Some of the male MPs have told me that they would never accept maintenance from a woman as this would hurt their male pride. To them, I would like to say that for the truly needy husbands much more than their male pride will be hurt if they get no maintenance from their wives when they desperately need it. Also, what will be the effect on the children of these families when mothers are seen to be able to get away without supporting the sick or disabled husbands and instead the children have to see their fathers turning to public agencies for help as their mothers are not being legislated to help these needy husbands? We should never let this happen, Mr Deputy Speaker.

If the Minister’s reply to this is that wives can be persuaded to support their husbands without appropriate legislation, then I would like to ask the Minister why do we need legislation for husbands to maintain their wives? Why do we not also rely on persuasion? It is precisely because persuasion alone without legislation is insufficient to do the job. Surely the Minister does not believe that women are morally more upright than men and therefore can be easily subject to persuasion and do not need legislation.

I would really like an extensive reply from the Minister on this score because the women of Singapore want to know why this responsibility is being denied to them.


Kenneth Chan Koon Lap (PAP MP Hong Kah GRC) was the next to speak.

Mr Deputy Speaker, Sir, I would like to comment on the issue of maintenance for husbands which has been brought up by the Nominated MP, Dr Soin.

As we all know, in Singapore, husbands are deemed to be the head of the family and are responsible for looking after the welfare for their wives and children.

Some MPs: Hear, hear!

Kenneth Chen:

It has nothing to do with gender equality nor subjecting the wife to be subservient to the husband. Marriage is a physical as well as a spiritual union between two persons. It is not a commercial contract and should never be viewed as such. Entrusting the husband the responsibility to look after the family is a social value which we have adopted for our society and I think it is a correct one.

The argument that women are now better educated and earning just as much if not more than the husband is only partially true, as the majority of our women are still dependent on the financial and moral support of their husbands. The present provision of the wife to claim maintenance from the husband therefore should be maintained. And I am sure that the majority of our women will have no problem with this concept.

It was argued that there may be cases where the husband may become terminally ill or handicapped and may not be able to be gainfully employed. In cases like that, in our Asian society I doubt very much that many of our women will abandon their husbands just because they contracted terminal illness or have become handicapped. To use financial means to absolve one’s marital responsibilities is not in our Asian culture nor should it ever be.

In an unlikely situation where such cases do happen, I am sure the immediate families will rally around them, failing which the MCD [Ministry of Community development] – I am sure the Minister will agree – or other social organisations will provide sufficient schemes to look after these unfortunate cases, if there are any.

Finally, perhaps the most important fact for us to consider now is that the Women’s Charter is essentially legislated for the protection of women. Although it has been extended to cover certain aspects for the protection of the aged and children, I feel strongly that the main focus should still be on protection of women and there is no compelling reason at this point of time to widen the scope of the Bill to the protection of men.

Some MPs: Hear, hear!

Then, Mohd Maidin spoke on some other aspects of the Bill, after whom, Abdullah Tarmugi summed up.

Mr Deputy Speaker, Sir, I would like to thank the Members of this House who spoke on the Bill, especially Dr Soin for her impassioned speech for women. I must say that I empathise with many of her feelings. And I must say too that many people, many males, indeed, empathise with what she said. But the fact of the matter is that there are also many people who feel otherwise, even women. To say that all women feel the same way is not true. Even during the representations, the Singapore Council of Women’s Organisations (SCWO), which is the umbrella women’s organisation, spoke against the maintenance for husbands, even in a limited way, because they thought it would impose further burdens on the wife who is already burdened with the duties in the family and maybe perhaps also with duties as a worker.

I can understand her eagerness to extend maintenance payments to husbands, especially in the light of current debate on women being accused of not playing their part in society. I do not want to get involved in this male/female argument. I want to stay above all these.

She mentioned that there is some incongruity between section 16 and section 45 of the Women’s Charter. Section 45 of the Women’s Charter existed since 1961, as she mentioned. Maintenance for husbands was never in the Act and nobody made any squeak about it. It was only recently when a review of the Women’s Charter was made that somehow along the way people say that section 61 is now contrary to section 45. I understand that things have changed and things are changing. But at this moment in time, I think the general view is that, as has been mentioned by Mr Kenneth Chen, the Member for Hong Kah GRC, it is the husband’s duty to maintain his wife morally and legally. And I think this is shared by many men outside this House, and certainly after you have heard the “ayes” from this House, that it is the view of most of the Members of this House here.


Tarmugi then covered some other issues, but came back to this topic in his closing sentences:

….We did not arrive at the conclusions easily. There are indeed issues which we feel may be advisable in the long term but not at this moment in time at least; for example, maintenance for husbands. I am keeping my mind open about it. Perhaps, who knows, in the next century, the matter may be raised again and we may be better prepared to consider that. But for the moment, let the men maintain their wives.

The Amendment Bill was passed.

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Boy stripped for ‘stealing’

Posted by 498A_Crusader on January 26, 2008

THIRUVANANTHAPURAM: In an appalling incident, police on Friday night strip searched a youth in public glare following allegations that he had stolen a cell phone. On Saturday, the Kerala State Human Rights Commission and home department ordered a probe into the incident which occurred near the East Fort bus stand in Thiruvananthapuram.

According to reports, upset over police action against some of their colleagues, transport employees at the stand had gone on a flash strike on Friday night.

At this, angry passengers protested the lack of bus services. During the acrimony, one person in the crowd complained that his mobile was stolen and pointed to a youth. The crowd beat up the youth, forcing the police to intervene.

Ignoring his fervent pleas, the cops then searched the youth stripping him down to his underwear. The lost phone was later recovered from a nearby spot.

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// NOW WE ARE SURE THAT, THERE IS NO MEN`S RIGHTS VIOLATION.
In india only women are victims, all men are criminals — eDitor

Truth About Dowry Law and Its Misuse

Violence at Home A Truth for The Indian Husband

Narcissists Modern Indian Woman?

Indias Legal Tools of Extortion

Reconciliation

TRUE Colour of Media and Women

My Vision My Dream

The Indian GenderBiased Domestic Violence Act

Indian Mens Legal Torture

PRE NUPITAL CONTRACT

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Divorce TOUGH for working women

Posted by 498A_Crusader on January 26, 2008

HYDERABAD: It’s a more painful separation for working women than housewives when a marriage ends in a divorce. Their non-housewife status works against them with estranged husbands being asked to pay much less as maintenance to earning ex-wives as against those who do not work.

Even in cases where a woman’s monthly salary is as less as Rs 5,000 to Rs 10,000, the maintenance amount she gets is a fraction of what non-working women would. For, the woman’s salary is taken into account while deciding the maintenance.

In maximum number of cases the quantum of maintenance being decided is much less than what the woman would need to live comfortably.

A woman usually gets one-third, one-fourth or one-fifth of the husband’s basic salary (excluding the compulsory deductions). Most often, they do not get the one-third share and have to settle for much less.

Marriage law experts note that while the law states the living standards of both parties (man and wife) to which they were accustomed to should be maintained even post separation, it is not being followed in true letter and spirit. In the bargain, women with poor salaries are forced to compromise on the living standard they were used to in their marital life.

In some cases, even the professional qualification of the woman becomes an obstacle to her getting a reasonable alimony. Civil lawyer Vishwa Janani cites the example of a professionally qualified woman who never worked. “But she was granted only Rs 7,500 for her as well her child’s maintenance, when her husband was not only earning well but also had accommodation provided by the employer,” she says. The woman is now taking tuitions to meet expenses.

Working women getting poor maintenance has been the case from the very beginning, just that it has become more evident with more women working now than in the past, notes civil lawyer K Ranganathan. He notes that while the law does say that the alimony has to be commensurate to her lifestyle so far, the amount depends on the court the case is being heard. “Each court views it differently,” he says.

It becomes worse if the child in the marriage is a boy and is 18 years at the time of divorce since a major boy child (in a Hindu marriage) is not entitled to maintenance. Janani recollects the separation of couple married for several years, where the woman got maintenance only for herself as her son was 18. “He was still studying and the rapport between the son and the father was bad,” she says.

Things appear to remain the same until the woman’s post-separation life is viewed more realistically and sympathetically, experts note.
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GREAT INDIA GONE to DOGS

Indian Spicy GREEN BEER

THE WORLD ACCORDNG to FEMNSTS

Marital Rape a Sabotage of Institute of Marriage

A THOUGHT for ALL FUTURE UNMARRIED MALES

PRE NUPITAL CONTRACT

Indian Mens Legal Torture

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Spurt in divorce cases in cities

Posted by 498A_Crusader on January 26, 2008

With growing consumerism and higher levels of stress, Mumbai is seeing a sharp increase in the number of divorces, leading to breakdown of the traditional Indian family system.

Since 2002, the number of divorce petitions filed in the special family court in Mumbai is 20,929. The situation in Thane is worse, where 23,993 divorce petitions were filed during the same period. The figure is alarming as the number of marriages that were registered in both the cities during 2002 and 2007 was 1,04,287, which means almost half the marriages appear to be in trouble.

Last year, in fact, saw a jump of almost 50 per cent in the number of divorce cases filed over 2002. In 2005, Thane courts received a whopping 5,734 divorce petitions, a record yet to be surpassed.

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A leading labour and family court practitioner Hutoxi Tawadia told Deccan Herald that in majority of the cases, divorce was being sought on the grounds of “mental cruelty” and “physical cruelty”.

Tawadia attributes the growing numbers to liberalisation and consumerism. “We have become more impatient, we want instant gratification, there is no patience for anything in the BPO era,” she said.

Rupali (name changed) underwent a gruelling four-year divorce process. She said in an enlightened society like in Maharashtra, women are no longer ostracised due to divorce, unlike in most other cities in the south. “Even in Bangalore divorce is still considered taboo and is out of question,” she said.

Trend replicated
The trend is not limited to Mumbai, but across Maharashtra. In Pune, 9499 divorce petitions were filed in past six years, while in Aurangabad and Nagpur, in the past five years, 1338 and 3098 divorce cases were filed respectively.

Age is no bar for those seeking divorce. In Aurangabad, a litigant in the age group of 60-70 years filed for divorce 2003. In Nagpur it was two male litigants, between the same age group.

But always, males outnumber women in initiating divorce. In Nagpur, out of 620 applicants, 365 were male and 255 were female. “It has to do with the male ego,” Tawadia said.

Source >>

EMpower Women with FeminISM

GREAT INDIA GONE to DOGS

Indian Spicy GREEN BEER

THE WORLD ACCORDNG to FEMNSTS

Marital Rape a Sabotage of Institute of Marriage

A THOUGHT for ALL FUTURE UNMARRIED MALES

PRE NUPITAL CONTRACT

Indian Mens Legal Torture

Indias Legal Tools of Extortion

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Indian woman unveiled

Posted by 498A_Crusader on January 26, 2008

There are two dominant images of the modern Indian woman. The first image is that of the meek sati-savitri, an eternal victim who is yet to see the light of modern values. She may have donned modern clothes and started living in metropolis, yet she remains her conservative self, steeped in values of a male-dominated society. The other image is that of Durga, the irrepressible rebel, who cannot be contained or tamed.

Radicals and feminists often draw upon this imagery to script a story of the hidden modernity of Indian women. The tyranny of these two images often prevents us from listening to the voice of the modern Indian woman.

The findings of the CNN-IBN-CSDS-Indian Express survey of Indian women invite us to question both these images. To be sure, the survey has over-sampled urban women (56 per cent as compared to the national average of 28 per cent).

Yet it is not easy to fit in some of the findings with the sati-savitri image. Both urban and rural women reject some of the male-centric notions of gender roles:

– There is an overwhelming support cutting across rural-urban and religious divide that parental property should be divided equally among daughters and sons. This sentiment is strongest among graduate, single women living in the metros. But even the younger generation of rural women clearly favour this.

- The is a near consensus among women that their role should not be restricted to staying at home and looking after the family, as 77 of the urban and 69 of the rural support the proposition that there is nothing wrong in women going out and working. It is not just that practically every young graduate woman favours this idea. A majority of old and non-literate women too endorse the idea of working women.

– Again, cutting across the rural-urban and class divide, our respondents reject the belief that too much education is not good for women. Even the uneducated do not favour this proposition.

– If you thought all these opinions are about politically-correct subject, consider this: when asked to react to a proposition that there is nothing wrong for women to have sexual desires, the verdict is an abashed 3:1 in favour. The ratio is of course higher among the young metropolitan women, but no section displays a dominance of Victorian prudishness.

An incipient sexual revolution? The beginning of a much-delayed transition from a ‘traditional’ and ‘conservative’ mindset to a modern outlook?

source >>

Truth About Dowry Law and Its Misuse

Violence at Home A Truth for The Indian Husband

Narcissists Modern Indian Woman?

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Morality and Indian woman’s mind

Posted by 498A_Crusader on January 26, 2008

Who is the Indian woman? What image does the nation have of her?

The CNN-IBN-CSDS-Indian Express State of the Nation Survey busts several myths about the Indian woman.

The Indian woman is either portrayed as a meek sati-savitri or as Durga, the irrepressible rebel. The truth is much more complex.

Women believe that their role should not be restricted to staying at home and looking after the family. As many as 77 of urban women and 69 of rural women support the proposition that there is nothing wrong in them going out and working, the survey found.

But the stereotype that men are generally more intelligent than women is accepted by a large number of women, says the survey.

When asked to react to the question that there is nothing wrong for women to have sexual desires, 50 percent were in favour. The ratio is of course higher among young metropolitan women, but no section displays a dominance of Victorian prudishness, says the survey. But 86 percent of women don’t support the idea of live-in relationship.

What do such views tell about the Indian woman? CNN-IBN’s Senior Editor Sagarika Ghose asked this to Poornima Advani, lawyer and former chairperson of the National Commission for Women, ad guru Prahlad Kakkar, Shefalee Vasudev, editor of Marie Claire India, and writer Abha Dawesar.

Does survey indicate that women consider marriage a ‘freeing mechanism’? The answer is yes but there is a catch to it, said Vasudev.

“This agenda of liberation that women have—which has come with financial freedom and changing roles—has made them prisoners of war in confines of morality. They want to free out of that. A prisoner of war is good only when he is free. I am not sure if the survey indicates that (women believe) marriage is a freer of women and live-in relationship enslaves them,” said Vasudev.

If marriage is ‘the’ institution for women, does it explain their views on sex?

Kakkar said India is a conservative society but women decide the country’s morality. “Society is very, very favoured toward men but (it’s morality) is implemented by women. It is not a male-dominated but a male-scripted society. People who actually implement moral issues very vociferously are women,” said Kakkar.

Advani disagreed that women set the moral agenda. “The finding that only 6 percent women approve of live-in relationship shows that we value our family system. This shows we think that very basis of our social fabric is the family unit,” she said.

Source >>

EMpower Women with FeminISM

GREAT INDIA GONE to DOGS

Indian Spicy GREEN BEER

THE WORLD ACCORDNG to FEMNSTS

Marital Rape a Sabotage of Institute of Marriage

A THOUGHT for ALL FUTURE UNMARRIED MALES

PRE NUPITAL CONTRACT

Indian Mens Legal Torture

Indias Legal Tools of Extortion

Reconciliation

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What women want? Liberty or marriage

Posted by 498A_Crusader on January 26, 2008

New Delhi: “Men can’t be trusted,” —the very remark by Union Minister of State for Health and Family Welfare Renuka Choudhary, created a furore of sorts.

However, the CNN-IBN-Indian Express survey on Women and India asked if women prefer live-in relationships or if they easily trusted a man. The survey has several women reiterating the thought:

Nearly one in two women say that men are disloyal.
More than half of single women second that.
And married women aren’t far behind either.

And when it comes to issues of inheritance, higher education and marriage, here’s what women have to say:

More than seven out of 10 women want equal inheritance for men and women.
About three fourth women say there’s nothing wrong in a woman working.
And just about one in four women say that higher education for women is not a must.
And we cannot expect women to be liberal when it comes to marriage:
While 46 per cent of women support a ban on inter caste marriage.
One in 2 women want a ban on inter religious marriages.

“I will not be uncomfortable with anyone of any religion including my own who is deeply religious because I am not,” says writer, Abha Dawesar.

The Indian woman is still wary of experimenting with relationships.

Only six per cent women are okay with live in relationships.
Among those who are graduate, the number goes up to 16 per cent.

When it comes to pre marital sex, just six per cent of women are comfortable with the idea. And even among young graduates and women from metros the numbers say it all.

“The strength of our country is wasted upon having a family unit,” says former Chairperson, NCW, Poornima Advani.

So while the 21st century Indian woman may claim to be liberals, these numbers have a different story to tell.

Source >>

Truth About Dowry Law and Its Misuse

Violence at Home A Truth for The Indian Husband

Narcissists Modern Indian Woman?

Indias Legal Tools of Extortion

Reconciliation

TRUE Colour of Media and Women

My Vision My Dream

The Indian GenderBiased Domestic Violence Act

Indian Mens Legal Torture

PRE NUPITAL CONTRACT

Think before get marry Indian Women

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Court summons Arjun Singh kin in dowry case

Posted by 498A_Crusader on January 25, 2008

Moradabad, UP: A court here has asked six family members of Union Minister Arjun Singh to appear before it on February 26 in connection with a petition against the closure of a dowry case filed against them.

The case was lodged by Manvendra Singh, the father-in-law of the minister’s grandson Abijit Singh.

The court of Additional Chief Judicial Magistrate, Chandausi, has summoned Abhijit, his father Abhimanyu Singh, mother Beena and three other relatives.

On an application by Abhijit’s father-in-law, the ACJM court had in July last year ordered the police to lodge a case against the six, as also Arjun Singh, under various sections of the IPC and Anti-Dowry Act.

The matter was investigated by the CBI and the local police, after which the name of Arjun Singh was withdrawn and later, the case itself was closed.

Manvendra Singh yesterday filed a plea against the police closure of the case. However, the petition did not mention the name of the Union minister.

Abhijit Singh got married to Priyanka Singh of Moradabad in February 2006

Source >>

EMpower Women with FeminISM

GREAT INDIA GONE to DOGS

Indian Spicy GREEN BEER

THE WORLD ACCORDNG to FEMNSTS

Marital Rape a Sabotage of Institute of Marriage

A THOUGHT for ALL FUTURE UNMARRIED MALES

PRE NUPITAL CONTRACT

Indian Mens Legal Torture

Indias Legal Tools of Extortion

Reconciliation

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