Wednesday, May 20, 2015

.Alok comments on Marital rape.

Conjugal right are as important as any other right. If there r differences between married then the denial of conjugal right can not be the way to solve the differences. Like beating the spouse, insulting the spouse etc  can not be the way to solve the differences. So we have to ensure that spiritual and modern scientific counseling is  made available to confronting couples. All attempts must be made to resolve the differences between married couple but if there is no hope then divorce is the way and not that you live together and yet deny conjugal right to another. Even for saints and senior citizens and so on it is difficult to control the desire then how can a young person full of need and desire control himself / herself in own bedroom. Resolve or give way but can't deny for days ( temporary glitches and ruthana / manana/ goes on in married life) ........ However I validate legal ( which is limited to law points and not for improving relationship) stand of Majlis and Flavia ji. But marriage is much above legal position until is becomes too sour and irreparable........Alok 


Majlis Law <majlislaw@gmail.com>: May 20 07:03PM +0530 

The comments of minister of state for home Haribhai Parthibhai Chaudhary
that since marriage is perceived as a sacred union, marital rape cannot be
brought within the purview of rape law smack of sexism. They seem to convey
that men in India have a license to rape their wives with impunity. The
fact that Hindu marriages ceased to be sacramental more than half a century
ago, and Muslim marriages have always been contractual is overlooked by
these comments.


The position of those who have opposed these views also seem to be narrow,
short-sighted and not grounded in reality. They seem to suggest that women
are trapped in sexually abusive marriages only because of the clause which
exempts husbands from the purview of section 376 of the Indian Penal Code
(IPC). If this offensive clause is deleted, women will be able to walk outd couple then
at the very first instance of sexual abuse and press criminal charges
against their husbands. A fallacy indeed! When I hear the heartrending
stories of women raped every night, even during pregnancy and child birth,
the question foremost in my mind is: what else did this woman endure along
with the violent sex? And also, if it was not rape but brutal physical
violence which fractured her skull, broke her limbs, damaged her kidneys,
scalded her face or paralysed her, would her trauma be any less? These
concerns get relegated to the sidelines while discussing marital rape.


But for the victim they form a continuum of a life of degradation and
despair, where one act of violence cannot be segregated from the other. How
does placing violent penetrative sex on a higher pedestal redeem her from
this continuum of brutality? The demand for deletion of this clause seems
to subscribe to the patriarchal presumption that vaginal violation forms a
separate category, even within marriage, than other types of brutality.


Despite all the reforms, rape outside marriage continues to revolve around
the notion of purity and stigma, rendering the victim unfit for marriage.
Hence, the notion that the abuser must marry the victim prevails, not just
in our society, but also in our courts. On the other hand, violent sex
within marriage becomes part of the abuse which an emotionally and
economically dependent wife is subjected to by the very man with whom she
entered into a sexual contract. It has very different implications. The
very nature of the relationship demands that it be addressed as a separate
category.


"Sexual violence" within marriage is also not confined to penetrative sex
or insertion of objects into body orifices. From the experiences that women
narrate, it is inclusive of a range of other acts of a sexual nature,
including refusal to have sex because her husband finds her repulsive,
threatening that if she denies him sex he will bring other women and
indulge in sexual acts in her presence or rape their minor daughter,
forcing the woman to have sex with his boss, colleague or friend, or
forcing her to undergo repeated abortions in pursuit of a male child, etc.
These sexual acts are committed only within a marriage because of the
extreme vulnerability which women have vis-a-vis their husbands. Women do
not walk out of abusive marriages because of the very nature of dependency.
So even if the offending clause is deleted, it will not change the lives of
women unless they have a strong support base, and society stops viewing
marriage as the be all and end all of a woman's life. Lacking state support
and economic means, marriage is the only option for most women to ward off
destitution and secure a roof over their head. Rape every night and
domestic violence becomes a small price to pay, when basic survival is at
stake.


It is not that the law does not provide any options for abused women. Apart
from divorce, there are other remedies available such as protection orders,
right to shelter and maintenance, and a criminal complaint under section
498A of IPC. This section inserted thirty years ago, can be invoked in
cases of physical brutality, including sexual violence. But the perception
that it is an anti-dowry law which is grossly misused prevails not just
among aggrieved husbands, but also among lawyers, police, judges and the
media.


Instead of saying that marriage is sacred, it would have been prudent for
the minister to clarify that civil and criminal provisions are in place
which survivors of marital rape can avail of. But ironically, the
government, under pressure from men's rights groups, is proposing its
dilution, rendering brutally violated married women without an effective
criminal remedy against their abusers.


*The author is a women's rights lawyer.*


http://timesofindia.indiatimes.com/home/sunday-times/all-that-matters/Marital-rape-Why-both-sides-have-got-it-wrong/articleshow/47314323.cms

Wednesday, May 13, 2015

Anti-dowry law to be amended, will allow room for compromise.

Alok comments on Anti-dowry law to be amended, will allow room for compromise. Alok says: How compromise is achieved in courts : The Judge, PP and advocate of accused  ensure that matter lingers on for any number of years. Complainant becomes tired. complainant has many other issues in life so finally gives in, Accused goes Scot free after compromise and torture of innocent ( brides and her family) goes on.

http://timesofindia.indiatimes.com/india/Anti-dowry-law-to-be-amended-will-allow-room-for-compromise/articleshow/47276715.cms?utm_source=newsletter&utm_medium=referral&utm_campaign=digest_section

Friday, April 10, 2015

many man always think that a lonely lady is weak and is desperate to get sex .....

...no one told u this before  ....Alok

I always thought that when person is coming to work in my office early morning, came begging for job so he will be dedicated and honest. And I never kept check on them. And got defrauded,falsely pulled in labour court and so on. When an old acquaintance came pleading for a small place to keep his belongings for few days as earlier lease had expired and landlord not willing to renew. I obliged without realising that hereafter he will never vacate and not even pay any compensation. I gave some loan to well known people having high status in society but experienced that only few paid interest in time,capital refund never came in time  when required by me desperately and one or two cases money never came and in one case highly qualified professional who bought a flat worth few crores but did not pay my interest and people say you are lucky as you got atleast capital back. So what you see and what you experience is greatly different. And we see and hear many tragic stories but still live in fools world where a weak  specially women and senior citizens do not think that they too can be victim of those to whom they are exposing themselves without any inhibitions.

Women and senior citizens always think that person has come to help them / do his duty without realising that his mind is working on greed, lust, crime and so on. A servant, karigar, driver, cabby  or watchman knows when weakling sr. citizen/ lady  is at home alone and he does not miss that time and attacks. A man always thinks that a lonely lady is weak and is desperate to get sex ( the sick movies on net give that impressions). Smart phone have become easy access to such porns and  rises their fever/ satan in mind.

Therefore man of house must take leave from office if there is a repairs, renovation work going on at home. If u cant take leave then call good/ bold lady neighbour/ relative to be at home with your female member when work is going on.

If lonely lady is about to travel in a vehicle of unknown person/ taxi etc then before boarding take permission that you will be taking a pic of vehicle with vehicle no and driver on whats app and sending to your family group. A good driver will not have any objection and one who refuses does not deserve trust of yours.

Emergency panic alarm, pepper gun, teaching martial arts to women can be always advantageous.

Read on ....and such cases are regularly seen in papers but we keep our eyes shut.......Alok

49 साल की महिला से रेप कर मुस्कुराता रहा इलेक्ट्रिशन

49 साल की महिला से रेप कर मुस्कुराता रहा इलेक्ट्रिशन
शेयर करेंकोलकाता
49 साल की एक मां के साथ इलेक्ट्रिशन ने रेप किया है। यह वाकया बुधवार को संतोषपुर में एक अपार्टमेंट में हुआ। पूरे शहर के लाखों घरों में अलार्म हैं और ऐसा माना जाता है कि अपार्टमेंट की दीवारों के भीतर लोग सुरक्षित हैं। पुलिस का कहना है कि इलेक्ट्रिशन का मकसद लूटपाट नहीं था। इलेक्ट्रिशन परदेश सुर उर्फ बिक्रम को लगा कि महिला अकेले है और उसने दबोच लिया। उसे रेप का कोई पछतावा नहीं था और वह पकड़े जाने के बाद भी कैमरे के सामने मुस्कुरा रहा था। गुरुवार को उसे कोर्ट में पेश किया गया था।

इस मां के दो बेटे हैं। बड़ा बेटा प्राइवेट कंपनी में जॉब करता है और छोटा बेटा कॉलेज स्टू़डेंट है। पुलिस ने कहा कि परिवार ने हाल ही में इलेक्ट्रिकल वायरिंग कराई थी। इसमें बिक्रम के साथ एक और इलेक्ट्रिशन आया था। ये दोनों पिछले कुछ दिनों से टॉप फ्लोर के फ्लैट पर आ रहे थे। बिक्रम शायद इस परिवार की गतिविधियों पर नजर रख रहा था। एक पुलिस ऑफिसर ने कहा कि इस दौरान इलेक्ट्रिशन बिक्रम को अहसास हो गया कि महिला के पति और दोनों बेटे दोपहर बाद घर में नहीं होते हैं।

बुधवार को इलेक्ट्रिशन ने 3.30 बजे शाम में काम शुरू किया। बिक्रम ऊपर की मंजिल पर पहुंचा और उसने दरवाजा खटखटाया। उसने कहा कि उसे इलेक्ट्रिक बेल वायरिंग फाइनल करने के लिए फ्लैट में आना होगा। डीसी-साउथ सबअर्बन संतोष पांडे ने कहा कि जैसे ही वह फ्लैट में आया तो उसने पाया कि महिला अकेले है। उसने जबरन महिला को बेड पर दबा दिया और फिर रेप किया।

बिक्रम रेप कर फरार हो गया। सदमे में महिला ने शाम चार बजे पुलिस हेल्पलाइन नंबर 100 पर कॉल किया। लालबजार हेडक्वॉर्टर ने तत्काल रेस्पॉन्स दिया और पीड़िता के घर पर पुलिस की टीम पहुंच गई। पुलिस ने कॉन्ट्रैक्टर के जरिए रेप आरोपी का मोबाइन नंबर लिया। मोबाइल नंबर के जरिए पुलिस ने बिक्रम के लोकेशन का पता किया। पुलिस ने इसके लिए टेक्निकल सर्वेलन्स और लोकल पुलिस नेटवर्क से मदद ली। इसमें पता चला कि बिक्रम का घर धालुआ सोनारपुर में है। कुछ ही घंटों में उसे गुरुवार को अरेस्ट कर लिया गया।

इन्वेस्टिगेशन ऑफिसर को बिक्रम के खिलाफ कोई क्रिमिनल रेकॉर्ड नहीं मिला है लेकिन पुलिस उसके व्यवहार से आश्चर्यचकित थी। बिक्रम को रेप का कोई पछतावा नहीं था। उसे जब कोर्ट में पेश किया गया तब भी वह बिल्कुल नॉर्मल था। यहां तक कि वह कोर्ट जाते वक्त मुस्कुरा रहा था। रेव सर्वाइवर सदमे में और हैरान हैं लेकिन वह पुलिस को जांच में मदद कर रही हैं। महिला पुलिसकर्मियों ने उन्हें अनजाने लोकेशन में रखा है और वे उन्हें सदमे से उबरने में मदद कर रही हैं। मेडिकल टेस्ट में साफ हो गया है कि महिला के साथ रेप हुआ है।

बिक्रम सोनारपुर में अपनी पत्नी के साथ रहता है लेकिन उसने अपनी बीवी को बच्चों के साथ किसी रिश्तेदार के यहां भेज रखा है। वह अपनी बीवी से कहता है कि सोनारपुर अच्छी जगह नहीं है। कोर्ट ने इसे सात दिनों के लिए पुलिस हिरासत में भेज दिया है। पुलिस दूसरे इलेक्ट्रिशन की भी तलाश कर रही है ताकि पता चले कि उसने रेप करने के लिए उकसाया तो नहीं था।

Wednesday, April 8, 2015

{Majlis Legal Centre} Diluting dowry law betrays gender bias by Audrey D'mello

Alok adds: In our case we had all the evidence against the ex son in law Nishant Paras viz.  relations outside marriage, beating wife etc.....however police did not register FIR for four months and Sessions court did not take action on regularly absent accused, they delayed the matter, Public prosecutor was hand in glove etc etc.. And when a new honest judge came the matter was settled on same day. So it is police, PP and judges to be blamed for siding with either party for favors or pressures and harassing the other party. I salute Ms Audrey for her article. I have met her and find her to be a good human and responsible unbiased women rights activist. ...... 

It is high time we place the blame of the ‘misuse’ (or for registering ‘false cases’) squarely where it belongs — with the police. To blame women for corruption within the police is adding insult to injury.
The recent announcement by the ministry of home affairs, that the government is planning to dilute the provisions of Indian Penal Code’s Section 498A due to its alleged misuse has alarmed not just women’s rights advocates, but also the minister for women and child development, Maneka Gandhi. All are worried that such a move would be detrimental to women, as this is the only criminal provision to ensure their safety.
Though the popular projection of this section is that it is an anti-dowry law, the reality is that the section was introduced to safeguard women who are subjected to grave physical or mental cruelty for whatever reason. Sec. 498A clearly states that its objective is “to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by the husband, in-law’s and relatives”.
Yet, surprisingly, the entire discussion about its misuse revolves around “dowry” with scant attention being paid to the physical or mental violence that women face every day. United Nations statistics reveal that one in every three married woman in India is a victim of domestic violence.
In Mumbai, a highly litigation metropolis, the total number of cases registered in 2014 under Sec. 498A were a miniscule 524. In the same year, 113 women were either murdered or committed suicide in their matrimonial homes.
The irony is that in most cases of domestic violence, women who approach the police are driven away. In cases of extreme brutality, with severe injuries, at best a non-cognisable complaint is recorded. Instead of providing protection to the woman, the couple is sent for “joint counselling”, which in most cases amounts to reconciliation on husband’s terms. No norms or guidelines are followed and “save the marriage” appears to be the motto, even at the cost of the woman’s safety and dignity.
So how did the 524 women succeed in registering their complaints, you may wonder. An officer at a police training explained: “They come to us with their lawyers, or referrals from higher officers, a politician or an influential community leader, and ‘force’ us to lodge a complaint.” Women who cannot exert such “pressure” fall by the wayside, howsoever brutal the violence they are being subjected to. Seldom are complaints registered and arrests made as per the merit of the case. The status of the parties involved and the nexus between police and criminal lawyers are the dominating factors.
The two main contentious issues in the context of “misuse” of Sec. 498A are lodging of “false” cases and “arbitrary” arrests. There are a number of Supreme Court guidelines to curb both.
Regarding lodging a “false” case, the Constitutional Bench’s ruling in Lalita Kumari vs State of Uttar Pradesh, 2014, laid down that if a woman’s complaint discloses commission of a cognisable offence, it is mandatory for the police to register an FIR. When the information does not disclose a cognisable offence, the police can conduct a preliminary inquiry. If after inquiry no cognisable offence is disclosed, the complaint can be closed. Reasons for the same must be furnished to the complainant within a week.
The second and more important issue is of “arbitrary” arrest. The scathing remarks about women misusing the law by various high courts and the Supreme Court are made in the context of “arbitrary arrests” — the arrest of a sister-in-law residing abroad, a 17-year-old brother-in-law in the midst of exams, and an old, infirm, bedridden mother-in-law are the oft-cited examples. Here again women are blamed.
Registering an FIR and arrest are not synonymous. The section dealing with arrest (Sec. 41, Code of Criminal Procedure) was amended in 2008 to clarify that arrest must be done with caution. In July 2014, in Arnesh Kumar vs State of Bihar, the powers of the police to arrest in cases under Sec. 498A were further curtailed and it is now mandatory to obtain the permission of the magistrate as per a checklist provided.
The police have the final option of not filing a chargesheet and closing a case by filing a closure report before the magistrate. Yet, it’s surprising to note that in 93.6 per cent of cases registered under Sec. 498A, after investigating the offence, the police filed chargesheets, which indicates that investigations revealed that the complaints were genuine.
In spite of it being obvious that in a criminal case the power to lodge, arrest, investigate and chargesheet lies only with the police, the perception that “women are misusing the law” persists. The discussion around “false case” takes place only in cases of domestic violence, and only when women are the victims.
On March 3, Union minister of state for home Haribhai Chaudhary stated in the Lok Sabha that 10,193 cases filed under Sec. 498A were found to be false in 2011; the number rose to 10,235 in 2012, and reached 10,864 in 2013. He did not state what these figures are based on. If they are based on acquittals, the reason for acquittals are many and not all indicate that the case filed was “false”. For a case to be categorised as a “false case”, it should go through a full-length trial and the judgment must contain a clear indictment against the complainant and criminal proceedings need to be initiated against such persons. The fact is that many reported cases get “settled” due to a compromise arrived at between parties, or in divorce proceedings. This does not make the case “false”. All criminal cases have very low conviction rate as they have to be proved “beyond reasonable doubt”. This does not mean that these cases were false.
It is high time we place the blame of the “misuse” (or for registering “false cases”) squarely where it belongs — with the police. To blame women for corruption within the police is adding insult to injury. To further dilute one of the most significant criminal provisions introduced to ensure women’s safety in their marital home would be akin to throwing out the baby with the bath water. Instead, we need to address the issue of under reporting. Thousands of poor and marginalised victims are turned away from police stations and deprived of their right to a life with dignity. Some of them end up dead, only because the state failed in its fundamental duty to protect them. Surely, when Prime Minister Narendra Modi talks of “beti bachao”, he also means saving her from physical abuse by her own family.
The writer is the programme director of Majlis, a legal centre that provides socio-legal support to women survivors of violence

Alimony not for survival alone


Sunday, April 5, 2015

Man having affair can’t divorce wife for cruelty: HC

Man having affair can’t divorce wife for cruelty: HC

A man having an extra-marital affair cannot walk away from his marriage citing cruelty by his wife, the Bombay high court (HC) held on Wednesday.
The HC struck down a January 2007 order of the family court, which granted divorce to a city resident on the grounds that his wife continuously disrespected, humiliated and threatened him and his family members.
The couple tied the knot in May 1993 according to Hindu Vedic rites and had a daughter a year later. But disputes arose between them and three years after the marriage, the man approached the family court for divorce.
The husband, who was employed with Air India, alleged his wife was quarrelsome, and disrespected him and his family members. Apart from doubting his character, she frequently threatened to commit suicide and get him and his family booked in criminal cases. The woman denied the charges and claimed the husband neglected her and her daughter.
After the family court accepted the grounds of cruelty and granted the husband a divorce, the woman challenged it in the high court. The judges found substance in her contention that the husband was maintaining an extra-marital affair. She pointed out he had bought a flat in Thane where he was staying with his mistress. She also produced documentary evidence showing a girl was born out of the affair.
The division bench of justice Abhay Oka and justice Ajay Gadkari held the conduct of the husband disentitled him to divorce. “Such conduct of the respondent (husband) disentitles him to the relief of a decree of divorce,” the bench observed. “His conduct also reflects on the truthfulness of his testimony,” the judges said.
The court directed the husband to pay the woman and the daughter a monthly maintenance of Rs10,000 from September 2005 –  when she had filed application for maintenance before the family court –  and the expenditure incurred on their daughter’s education.
The court, however, rejected the woman’s plea for restitution of conjugal rights, primarily because the husband is staying with his mistress.