Wednesday, February 23, 2011

Dowry harassment likely to become a bailable offence Read more: Dowry harassment likely to become a bailable offence -

http://timesofindia.indiatimes.com/india/Dowry-harassment-likely-to-become-a-bailable-offence/articleshow/7559449.cms

JAIPUR: The Union law department has launched an exercise to tone down the law on matrimonial cruelty, including cases of dowry harassment. Effectively, dowry harassment may soon become a bailable offence.

To protect social fibre of family life and check alleged misuse of the law, the department is contemplating changes in Section 498-A of the IPC that defines the offense of matrimonial cruelty.

Section 498-A was inserted into the IPC by an amendment in 1983. Offenders, including husband or any other family member, are liable for imprisonment as well as a fine and the offence is non-bailable, non-compoundable and cognizable on a complaint made to the police officer by the victim (wife) or by designated relatives.

The law department is now exploring viability of changing the law to make the offense, including dowry harassment, as a bailable and compoundable. ''Relevant data and opinion are being sought from states to evaluate the misuse of the law and possibilities of changing it,'' says Justice (rtd) Shiv Kumar Sharma, member of the National Law Commission.

The panel will hold meetings with police departments across states to collect statistics regarding ''misuse'' of the law and also about genuine cases of dowry harassment and other forms of matrimonial cruelty.

"After husband's arrest, possibility of reconciliation becomes difficult, so the idea is to strike a balance," said Sharma. But, he said the panel was equally concerned about genuine cases and data regarding the same was also being collected.

Read more: Dowry harassment likely to become a bailable offence - The Times of India http://timesofindia.indiatimes.com/india/Dowry-harassment-likely-to-become-a-bailable-offence/articleshow/7559449.cms#ixzz1EqakY0x7

IAS officer slapped child over scratch to car

Chandigarh, Feb 23 (IANS) A woman Indian Administrative Service (IAS) officer here has been booked by the child rights panel for slapping a four-year-old girl who had accidentally caused an autorickshaw to scratch her car, officials said here Wednesday.
Sujata Dass, a 1978-batch Punjab-cadre IAS officer who is posted as secretary, vigilance inquiries, Punjab, has been booked by the National Commission for Protection of Child Rights (NCPCR). She had slapped the child, Garima, who is a nursery student, in full public view.
Garima was returning from school in an autorickshaw when the incident took place. The autorickshaw driver stopped the vehicle in the Sector 38 market to drop a child and stepped out with the ignition on.
In the meantime Dass, who stays here in Sector 39, reached there in her official Honda City car. Garima accidentally pulled the gear lever and the autorickshaw banged the rear door of the car. Infuriated, Dass came out and thrashed the child.
Following this, Garima's father reached the police station to lodge a complaint but a compromise was struck between the two parties as Dass apologised.
Garima is a nursery student at Delhi Public school in Sector 40 here.
However, a city-based NGO filed a complaint against the officer with NCPCR.
'A public servant cannot indulge in such incidents. This is a clear violation of the code of conduct and we would take an appropriate action. We have also sent a notice to Punjab government and sought a reply from them,' said a senior official of NCPCR.

http://in.news.yahoo.com/ias-officer-slapped-child-over-scratch-car-20110222-215435-463.html

Police Bravery: 2 Months pregnant lady was dragged !

CoimbatoreFeb: 23, Laxman a Doctor from Coimbatore working in London got married to a divorced lady(for her 2nd marriage) Saujanya(35) from kamam, A.P. She filed dowry complaint(498a) 323,341 and 506(1) IPC at kamam, police abut husband Laxman managed to get Anticipatory Bail

Saujanya also gave another complaint against the husband's brother and his wife both of them are doctors from coimbatore.

Based on the complaint A.P. Police came to Coimbatore and arrested Dr.Laxman Brothers pregnant wife and not allowed her to call her husband or to use her cell phone. Without informing any of her relatives or husband She was taken by jeep towards Erode and during travel she was bleeding.

She was refused to buy even a napkin. She was them taken by train from Erode to Andhra, in unreserved compartment.

The lady doctor got severe stomach pain got fainted in train. because of brutality of Andhra Police even she shouting in pain Andhra Police did not show any mercy on her, and she got aborted. only then A.P.police communicated to her husband and he communicated the higher police officials of T.N. and then Andhra.

The lady was dropped at Jwalarpet Railway station she was handed over to her relatives.
This shows brutality of Police and misuse of law. Andhra Police along with Saujanya should be charged with muder of unborn child, activists demanded.

This was a shocking news in tamil daily news paper "Dinamalar" lady dr got abortion due to A.P police in traveling
http://epaper.dinamalar.com/Dm/Madhurai/2011/02/23/index.shtml

I need both parents: Rights of a Father? A case of reverse gender discr...

I need both parents: Rights of a Father? A case of reverse gender discr...: "The Family Court system blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biol..."

Rights of a Father? A case of reverse gender discrimination?

The Family Court system blatantly discriminates against fathers, heartlessly separates them from and prevents their access to their own biological children”, said the newly formed All India Men’s Welfare Association (AIMWA).

As a sign of protest against the Family Court system, AIMWA organised a protest before the Family Courts on Friday at Chennai. Around fifty of its members were distributing pamphlets and campaigning against the system.

AIMWA is an organization formed to protect the constitutional and human rights of men. It fight against gender discrimination, ‘legal terrorism’ and every other form of abuse suffered by men.

M Antony Francis, coordinator, AIMWA told Law et al. News “Indian Family Courts have declared a war against fathers and are adopting every possible means to create a “Fatherless Society”. We concur with the recent observation of the Supreme Court of India that “the Hindu Marriage Act is breaking more families than uniting”. We would like to add that the worst sufferers of the Indian Family Court system are fathers and children”

He further added “Section 498A, framed to protect women from dowry harassment, has become a hot topic of discussion these days due to misuse. As per National Crime Bureau (NCRB), in the year 2007, 187540 people were arrested under Section 498A, of which, the offense could be proven only for 13247 people. 94% of those arrested were found innocent. As per NCRB, in the last ten years there has been a spurt in the incidence of suicide by married men. A law that was supposed to act instrumental in women empowerment and to enable them to speak against their abuse, looks like has today, become a curse for many a families”

“The modus operandi of the Family Courts includes depriving fathers of the right to love and care for their biological children and forcing fathers to pay huge sums of money to support children they are not allowed to see. The Family court system encouraging false allegations of abuse to paint fathers as unfit parents” S Hariharan, General Manager of a Telecom Company, a divorcee himself in Chennai told Law et al. News.

Multiple legal battles by mothers eliminate biological fathers from their children’s lives, lamented another divorcee MP Kalaichelvan, a Civil Engineer. He said that the present system passes ex-parte orders based solely on the allegations made by a child’s mother..It also allow mothers to brazenly disobey visitation orders without legal repercussions to her. Sometimes biological fathers are labelled “kidnappers” for trying to make contact with their own children. Prolonging custody and visitation matters for years, thereby driving fathers into financial and emotional bankruptcy and forcing them to give up the desire to see their children, are the issues of concern to us,” he said.

In its memorandum to the Principal Sessions Judge VRamalingam, AIMWA has prayed “Special fast-track courts should be set up at the earliest to deal with custody issues. Exclusive, fully functioning Divisional Bench should be set up in all High Courts and Supreme Court to hear appeals in matters of child custody’’.

They also said when a person or couple approaches court for divorce, counseling of the parents by professional counselors should be given first priority and except in extreme cases of violence or unhealthy behavior by either partner, children should be given equal and meaningful access to both parents and grandparents on both sides.

The Memorandum further suggested that both parents should made financially responsible for the upbringing of child in proportion to their earnings and not based on demands made by either partner. If a partner prevents a child from having equal and meaningful contact with the other partner, they should be counseled first to understand the importance of equal parenting and the best interest of a child.

“If either partner repeatedly disobeys orders of equal access and meaningful contact with children, then the children should be placed in the full custody of the partner who will allow equal access to the other parent”, the participants demanded in their memorandum.

http://www.lawetalnews.com/NewsDetail.asp?newsid=1478