Wednesday, 20 November 2013

When husbands are victims of domestic violence

Sat in a chair and beaten by his wife as their help watched — this is what former James Bondstuntman Eddie Kidd endured for years at the hands of his wife Samantha.

After his wife was jailed, he told a British newspaper, "She had started drinking heavily and would slap me, punch me, strangle me and say horrible things. As a man, to be beaten by your wife is desperately humiliating and, in a way, shameful." Eddie was left unable to walk after suffering injuries from a bike stunt gone wrong, and his wife called him a "f****** spastic" in fits of drunken rage.

Spousal abuse is a serious problem that is not just faced by women. While news of dowry-related harassment and crimes against womenare reported extensively in the media, there are a growing number of men who are at the receiving end of harassment, and face physical and psychological abuse at the hands of their wives. What's worse, the humiliation and shame of this act going public forces them to keep mum. Eddie found justice when his wife was arrested on charges of domestic abuse, but men in India are not as lucky, says Rukma Chary, general secretary, Save Indian Family Foundation.

"Domestic violence against men in India is not recognized by the law. The general perception is that men cannot be victims of violence. This helps women get away scot-free," says Rukma, who has been accused of domestic violence and dowry harassment, among other offences, by his estranged wife. Terming this 'legal terrorism', as the judiciary almost always favours the woman, he adds, "Domestic violence cases are supposed to be resolved in six months, but this never happens. Once a case is filed, the husband has to attend every hearing — which takes place once every 10 days — otherwise he is viewed as the wrongdoer in the court's eyes. Mind you, there are no questions raised if the woman doesn't attend hearings."

In recent years, there has been a spurt in the number of men who have been physically abused by their wives. Although the trauma may be the same, the methods of inflicting abuse vary. "Men are stronger and hit their wives, but women, in many cases, ask another man — their brother, father, friend or hired goons — to assault their husbands," explains Anil Kumar, a social researcher. Society isn't sympathetic to harassed men; being beaten up by one's wife invites mockery and jokes, and men who speak out about their woes are considered 'unmanly'.

Like women, men also find it hard to get out of abusive relationships, but Anil feels that the situation is worse for men, as they not only fear being away from their children, but are also worried about a false dowry case being filed against them. Men who are accused of domestic violence get marginalized by society and even friends and family turn their backs on them. Rukma believes that for men, it is huge emotional battle, one which proved to be too much for one Bangalore resident. Manoj Kumar approached the police after he was assaulted by his wife, and the cops not only ridiculed him, but said that they will call his wife and ask her to file a case against him. Manoj took his own life.

Thirty three-year-old Santosh Raj was faced with a similar predicament, but chose to fight instead. His world came crashing down when three months into his marriage, his wife hired goons, who not only attacked him, but also beat up his parents, brothers and sister. "My wife accused me of impotency and demanded money. If I was impotent, then she would have come to know on the first night itself; why did she have to wait for three months? She demanded 1 crore for a divorce. My father somehow brought this amount down to 35 lakh. As per the arrangement, 15 lakh was paid and the remaining amount was to be paid after the divorce was finalized. But they soon started asking for the remaining amount. I knew that they wouldn't stop harassing me if I gave them 20 lakh, so I went underground for some time," says Santosh.

Abuse against men is no laughing matter. The Save Indian Family Foundation meets once a week and every week, 4-5 new people attend these meetings. The demands of all harassed men are simply this: There must be a misuse clause added to the Domestic Violence Act and the law must be genderneutral, so that women can't falsely accuse their husbands.

Why men suffer in silence 
Protect children: Just like women, men worry that leaving their spouses will harm their children or prevent them from having access to them. Obtaining custody of children is always challenging for fathers, as is the prospect of raising them alone.

Feel ashamed: Many men feel ashamed at being beaten by a woman, or feel that they have failed in their role as a protector and provider for the family.

Fear of cases: The biggest fear in Indian men is being slapped with a dowry harassment case. Not only is it hard to shake off the social stigma that comes with being charged with such an act, but the cases also tend to drag on for years and are almost always in the woman's favour.

Parental pressure: Even today, most men continue to live with their parents even after getting married. When differences arise, parents generally step in and can sometimes make matters worse with their own demands.

Denial: Just as with female domestic violence victims, denying that there is a problem only prolongs the abuse. Men believe that they can help or change their abuser, but change can only happen once the abuser takes full responsibility for her behaviour and seeks professional treatment.

Original NEWS Source:- http://timesofindia.indiatimes.com/When-husbands-are-victims-of-domestic-violence/articleshow/26031858.cms?

Monday, 18 November 2013

Tax officer’s husband held for dowry harassment

Gurgaon, Oct 4 (IANS) An excise and taxation officer’s husband, also working in the same department at a similar post, was arrested here for dowry harassment, police said Friday. Aadityatendra Singh, in his mid-20s, a resident of Good Luck Tower Society in Sector 52, was arrested Thursday for cruelty against his wife, criminal breach of trust and intimidation, police said. Aadityatendra Singh’s mother and sister were also booked on similar charges, police said. The brother-in-law of Aadityatendra Singh was booked for raping the victim, police said, adding that they were investigating if the allegation was true. The victim, a resident of Officers Colony and daughter of a senior officer in Haryana, said in her complaint: “I married Aadityatendra July 7, 2012. I was often humiliated, thrashed by my husband and his family for dowry.” “The family demanded a flat in Gurgaon. I was badly humiliated and harassed by the family last Diwali for not fulfilling the demand,” she said. Aadityatendra was Friday presented in a Gurgaon court which sent him to a day’s police custody, a police official said. “The husband and wife are Class-2 officers in the same department but one is posted in Gurgaon and while the other is posted in Faridabad,” police said. Owing to the alleged dowry harassment and torture, the victim had a few months ago started to live separately from her husband and family, which is originally from the Dadri area of Bhiwani district of Haryana, police said. 

Read more at: http://www.firstpost.com/fwire/tax-officers-husband-held-for-dowry-harassment-1154325.html?utm_source=ref_article


Bangalore: Misuse of dowry law by women a serious concern

Bangalore, Oct 13: The law prohibiting dowry harassment is meant to protect the woman from torture of her husband and in-laws. Sadly though, the law has been grossly misused repeatedly for vicious motives.
Several dowry harassment cases lodged in the court in the last two years have been quashed in the court for lack of evidence and a good many of them are found to be false, clearly indicating that the law against dowry harassment is being misused by many women and their families against the husbands.
Among the 21,669 dowry harassment cases filed during 2011 to August 2013, as many as 7,220 are found to be false. Of the the remaining 14,449 cases, some are still in the investigation stages, while in some others, the chargesheets yet to be filed.
The police are not sure how many of them will lead to punishment of the guilty. While witnesses have hesitated to give their statements in some cases, there are some which are found to be false in the preliminary stages itself due to lack of evidence.
Significantly, most of the cases are lodged by employees of IT and BT.
The laws that have come into force to safeguard the interests of women and prevent their harassment, are being used by the women to harass men. The Section 498A of the Indian Penal Code is being misused the most, making the men and their families the scapegoats.
State director general of police, Lalrokhuma Pachau has said that it is the duty of the police to lodge a complaint when a person or a woman comes to the police station and complains of injustice.
When it is discovered that the complaint is unfounded, the suspects are released, but it takes years, putting the persons through utmost mental, if not physical agony. In some other instances, even though the complaint looks to be genuine at the onset, police fail to get suitable witnesses and the cases get quashed in the court for inability to prove the guilt.

The responsibility of organizations and the police
The state has seven thousand women's organizations. Four thousand of them are in Bangalore alone. Some organizations wait for such opportunities. If family disputes are taken to them, compromise in the family becomes difficult. A private TV channel recently reported about such organizations. Though a complaint was registered in the police station against them, nothing happened.

Before granting permission to an organization, the departments concerned should verify its credentials. The work done by the organizations in the name of social service should also be scrutinized.

Those who register complaints of dowry harassment normally complain of harassment by the family. The complaint aims to send the entire family of the man to the prison. Such complaints have increased these days.

Supreme Court's concern
The Supreme Court, in fact had expressed concerns over the increasing number of dowry harassment cases in courts across the country and asked the central government to have a re-look on the law dealing with such cases.
The court observed that most of the complaints under Section 498 A of the IPC are filed in the heat of the moment over trivial issues without proper deliberations, filed with oblique motive. At the same time, the court said that a rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern.

Woman cannot claim right over property of in-laws: Delhi court

New Delhi, Nov 17: A woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law, a Delhi court has said. The court made the observation while dismissing an appeal of a woman, who is a doctor in a government hospital here, seeking right of residence in her mother-in-law's house in which her husband does not have any share. "If it is anybody against whom or against whose property she (woman) can assert her rights, is the husband, but under no circumstances can she thrust herself on the parents of her husband or can claim a right to live in their house against their consult and wishes," Additional Sessions Judge Kamini Lau said. Woman only can claim right on the property of her husband The court said she is a working woman and being a doctor, she is in a position to maintain herself. "Keeping in view the problems and disputes between the parties, allowing the woman to stay in her parents-in-law's house against their wishes would only aggravate the existing domestic problems and create numerous hassles for these senior citizens, which this court will not permit," the judge said. The court also said even if the woman was permitted by her parents-in-law to live in their house, it does not create any legal right, violation of which would be actionable. On the contrary, under no circumstances the parents can be made to suffer the burdens of their sons and their estranged daughters-in-law, it said. The court's observations came while dealing with the appeal of the woman who had contended that her mother-in-law had abused and misused the process of law by making false submissions. She challenged the trial court's order saying it did not appreciate the fact that her mother-in-law had in connivance with her husband dispossessed her from shared household accommodation in Pitampura. She had sought to set aside the trial court's order dismissing her plea seeking right to residence in the house owned by her mother-in-law. The Sessions court noted that the woman's husband was working and residing separately in Chandigarh for the past several years. The court said the matrimonial house of the woman under the given circumstances was the place where her husband was working and residing and not where she chose to reside of her free will. "By application of the logic and ratio of the apex court to the facts of this case, I hereby hold that the woman is only entitled to claim the right of residence in a shared household, which, as contemplated under Section 2(s) of the Protection of Women from Domestic Violence Act, would mean the house belonging to or taken on rent by her husband or the house which belongs to the joint family of which the husband is a member. "In the present case, the property in question at Pitampura here is the exclusive property of the respondent who is the mother-in-law of the appellant, with her husband having no share in the same, and hence, the property in question in respect of which the appellant is seeking right of residence cannot be called a shared household within the meaning of Section 2(s) of the Protection of Women from Domestic Violence Act," the judge said. The court also noted that the woman, being a doctor in a government hospital, was drawing house rent allowance. "Hence, under the given circumstances, the argument of the appellant that by her acts, the mother-in-law has allegedly taken away the constitutional rights of appellant to live with dignity, honour and reputation, is devoid of merits. "The right of a daughter-in-law does not override the constitutional and statutory rights of her parents-in-law to enjoy their self-acquired property in the manner they want. If it is anybody from whom she is entitled to relief, it is her husband, and her parents-in-law, who are senior citizens, cannot be held liable for any kind of burdens," it said.

Read more at: http://news.oneindia.in/new-delhi/woman-cannot-claim-right-over-property-of-in-laws-delhi-court-1342774.html

Original NEWS Source:- http://news.oneindia.in/new-delhi/woman-cannot-claim-right-over-property-of-in-laws-delhi-court-1342774.html

Woman can’t assert any right over in-laws’ property: Delhi court

NEW DELHI: A woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law, aDelhi court said. The court made the observation while dismissing an appeal of a woman, who is a doctor in a government hospital here, seeking right of residence in her mother-in-law's house in which her husband does not have any share.

"If it is anybody against whom or against whose property she (woman) can assert her rights, is the husband, but under no circumstances can she thrust herself on the parents of her husband or can claim a right to live in their house against their wishes," additional sessions judge Kamini Lau said. The court said she is a professional and, being a doctor, in a position to maintain herself.

"Keeping in view the problems and disputes between the parties, allowing the woman to stay in her parents-in-law's house against their wishes would only aggravate the existing domestic problems and create numerous hassles for these senior citizens, which this court will not permit," the judge said. The court also said even if the woman was permitted by her parents-in-law to live in their house, it does not create any legal right, violation of which would be actionable.

On the contrary, under no circumstances the parents can be made to suffer the burdens of their sons and their estranged daughters-in-law, it said. The court's observations came while dealing with the appeal of the woman who had contended that her mother-in-law had abused and misused the process of law by making false submissions. She challenged the trial court's order saying it did not appreciate the fact that her mother-in-law had in connivance with her husband dispossessed her from shared household accommodation in Pitampura.

She had sought to set aside the trial court's order dismissing her plea seeking right to residence in the house owned by her mother-in-law. The sessions court noted that the woman's husband was working and residing separately in Chandigarh for the past several years.

Original NEWS Source:- http://timesofindia.indiatimes.com/india/Woman-cant-assert-any-right-over-in-laws-property-Delhi-court/articleshow/25961443.cms

Sunday, 17 November 2013

‘प्रेम संबंध के मामले को बना दिया अपरहण का मुकदमा’

नई दिल्ली वरिष्ठ संवाददाता। दिल्ली में नाबालिग लड़कियों के अपहरण के मुकदमे दर्ज कराने की एक परंपरा बन गई है। बेटी के प्रेम संबंधों से नाखुश परिजन कानून का दुरुपयोग करते हैं और बेटी के मनमर्जी से जीवनसाथी चुनने के फैसले को अपराध साबित करने पर तुले रहते हैं। यही वजह है कि इस तरह के मामले दिन-प्रतिदिन बढ़ते ही जा रहे हैं। मुश्किल यह भी है कि हर मामले में शिकायतकर्ता अपनी बेटी को नाबालिग साबित करने पर तुले रहते हैं।

जबकि वास्तविकता में लड़की बालिग होती है। ऐसे मामलों में अदालतों को स्पष्ट नजरिया अपनाना चाहिए। रोहिणी कोर्ट ने यह सख्त टिप्पणी लड़की के अपहरण के एक आरोपी को बरी करते हुए की है। रोहिणी स्थित एडशिनल सेशन जज कामिनी लॉ की अदालत ने इस मामले में बेटी के अपहरण की झूठी शिकायत कराने वाली महिला के खिलाफ कार्रवाई के आदेश दिए हैं। साथ ही इस मामले के जांच अधिकारी एएसआई अब्बास रजा की जांच प्रणाली पर सवाल खड़े किए हैं।

अदालत ने जांच अधिकारी के खिलाफ भी कार्रवाई के निर्देश संयुक्त पुलिस आयुक्त को दिए हैं। अदालत ने कहा कि जांच अधिकारी की जिम्मेदारी होती है कि वह तथ्यों को परखने के बाद ही मामले को आगे बढ़ाए। इस मामले में जांच अधिकारी ने लड़की की सही उम्र भी जांचने की जहमत नहीं उठाई। लड़की 18 साल की थी और परिवार दावा कर रहा था कि वह नाबालिग है। अगर जांच अधिकारी सही तफ्तीश करता तो मुकदमा आगे नहीं बढ़ता।

अदालत ने यह भी कहा कि शिकायतकर्ता ने अपनी सुविधा के हिसाब से कानून का दुरुपयोग किया और एक 23 वर्षीय युवक को झूठे मुकदमे में फंसा दिया। धर्म अलग था इसलिए थी आपत्ति अभियोजन पक्ष के अनुसार लड़की की मां ने 27 अप्रैल, 2011 को शिकायत दर्ज कराई थी कि उनकी बेटी को यहां सुल्तानपुरी से एक युवक ने अगवा कर लिया है। लड़की की मां ने दावा किया था कि उनकी बेटी उस वक्त 17 साल की थी।

कुछ दिन बाद लड़की का पता चल गया और युवक को गिरफ्तार कर लिया गया। बाद में अदालत में लड़की ने बयान दिया कि वह अपनी मर्जी से युवक के साथ गई थी क्योंकि वह उससे प्यार करती है। उसने कहा कि अलग अलग धर्म का होने के कारण उसके माता-पिता लड़के से उसकी शादी के खिलाफ थे।

Original NEWS Source:- http://www.livehindustan.com/news/location/rajwarkhabre/article1-story-39-0-376871.html&locatiopnvalue=4

Hyderabad: Techie kills wife, mother-in-law

Hyderabad A software engineer murdered his wife and mother-in-law for allegedly harassing him and later surrendered before the police.

The double murder took place at a house in Secunderabad under the Monda Market police station, late on Wednesday night.

Accused Sarvanand, 37, and his uncle surrendered before the police in the early hours of Thursday and confessed to the crime, a police official said.

According to the police, Sarvanand, with the help of his uncle, hacked Padmapriya and her mother Parmeswari to death.

Sarvanand, working in an information technology company in Hyderabad, had married Padmapriya, a native of Bangalore, in 2011. He later learnt that she was earlier married in 2007 and was divorced from her first husband.

Sarvanand and Padmapriya had filed some cases against each other in Bangalore courts. She, along with her mother, were living in his house following a court order. The accused claimed that they were harassing him and unable to take this any further, he killed them.

Original NEWS Source:- http://www.ndtv.com/article/cities/hyderabad-techie-kills-wife-mother-in-law-445907