Wednesday, 29 April 2015

Delhi Court frees "Impotent " husband in false rape case...

Views : Another example of the misuse of Rape law .Here the husband and his family have lost their dignity ,time money and mental peace.

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Delhi court frees 'impotent' husband in false rape case

Last Updated: Sunday, April 26, 2015 - 13:24

New Delhi: A man and his family members have been acquitted by a Delhi court of the charges of raping, molesting and threatening his wife, saying she lodged a false complaint to get rid of her "impotent" husband.

"... Her marriage was not consummated on account of impotency of her husband, which was the sole reason for her strained relations with her husband and in-laws," Additional Sessions Judge Virender Bhat said, after the woman confessed to have filed the false case.
"She had left her matrimonial house only for this reason and filed a false complaint alleging rape as well as unnatural sex by her brothers-in-law and molestation as well as attempt to rape by her father-in-law, only to put pressure upon her husband and in-laws to divorce her," the judge said.
The court noted that the woman deposed "totally contrary" to the prosecution case and also admitted that her husband was impotent due to which their marriage could not be consummated.
The husband was arrested while his parents and other family members were granted anticipatory bail.
The court acquitted the woman's husband, parents-in-law, three brothers-in-law, two sisters-in-law of the offences under sections 498A (cruelty), 406 (criminal breach of trust), 376 (rape), 506 (criminal intimidation) and 354 (molestation) read with 34 (common intention) of IPC.
It also noted that during pendency of the case, the woman had reached a settlement with the man and her in-laws.
"She ultimately succeeded in getting divorce from her husband and also money towards her claims regarding maintenance. The fact remains that she had implicated all the accused falsely in this case by levelling baseless allegations upon them to serve her own ends," the court said.
The woman, in her complaint filed in 2014, had alleged that within a month of her marriage in February 2013, her husband and in-laws began physically torturing her and demanded dowry of Rs 10 lakh along with gold jewellery.
She also alleged that her brothers-in-law and father-in- law committed unnatural sex with her and threatened her.
However, during her cross-examination in the court, she resiled from the complaint made before the police, saying the allegations were incorrect and she levelled them under police's pressure.
"Since the prosecutrix has not supported the case of the prosecution and there being no other eyewitness to incident, it was found futile to carry on trial of case any further," the court said.
During the trial, the accused denied the allegations and claimed they were falsely implicated.

PTI

Strict law is needed against the false rape accusation .

Views : False Rape allegation is rapidly increasing . Indian Rape related laws can be misused easily .Several cases reported recently. A mere allegation is enough to spoil the life of a man. Whether , the allegation is true or false doesn't a matter. The reputation or dignity of the accused is gone . Once it is gone , then it is gone for life long. No court can return back the dignity to accused , if the accusation proved as false. A news was reported sometimes back in India.

A man approached to supreme court for getting return back the dignity of him as the rape accusation was proved false. A police officer framed the man for setting an old revenge. The man complaints that he can't live a normal life in the society as the people still look him as a rapist .

The law should have a proper mechanism to deal with the misuse of law .

Possible Solutions: The accused identity will be protected till the offence is proved .

The Investigation team should have included Psychologist, Psychiatrist , Judges and other eminent persons. The corrupted police can't do justice in the investigation process. A study says that most corrupted service is police (70%) in India. Input is output.

Those who make false accusation gets strict punishment also.

The law also should be reformed against the possible misuse.

(29-04-2015)

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She Filed A False Rape Case Against Him. He Hit Back With A Rs 50 Lakh Defamation Case!

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Tuesday, 28 April 2015

Law and sex never go hand in hand......! ?

Views : People usually ask , which type of the sexual activity is legally safe in India.

Let us discuss about marriage.

The married men and woman can do only "natural sex."

Any kind of unnatural sexual activities are against the" order of nature" may attract the Indian Penal code section 377 and may get imprisonment.

Section 377 of Indian penal code and 498 -A ( Cruelty against the married woman ) are the two sections are being misused frequently for revenge and monetary purpose.

The section 377 is applicable to both Men and women. 498-A is only applicable against the husband and his parents and brothers and sister and grand parents.

In India , lakhs of people arrested and prosecuted by this law.

What about the Gay people and Transgender ?

Their sexual orientation is not agree with the law. They are the most vulnerable people to get prosecuted. Section 377 is applicable to them.

What about the live -in relation ?

As per the Supreme Court judgement Live-in relation is legally valid. However, if the relation goes bitter , the women partner can use rape law as a shield. Breaking the Promise of marriage is also treated as rape in live -in relations also. Thousands of people got punishment and land in jail due to this provision.

What about the prostitution ?

Prostitution is not legally permissible in India. Even a women who are engaged in the sex work can also use rape law against the man as her choice. Consent to sex is the prerogative of the women.

To sum up : No sexual activity is legally 100 % safe in India. Do it your own risk.

Law is law .Whether it is bad or good is immaterial .

Making good law is the duty of the law makers . It they are not doing their job properly , then people have to suffer for life long.

"Be positive . It will not happen to us."

This faith is the only hope to them.

File- PTI PHOTO/ MITESH BHUVAD

Consent for Indulging in ‘Unnatural Sex' Is Immaterial: Court

New Delhi \| Apr 27, 2015


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Consent to indulge in unnatural sex is "immaterial", a Delhi court has held while convicting a man of raping and committing unnatural act with a woman on the false promise of marriage, despite he being already married.

Additional Sessions Judge (ASJ) Virender Bhat held Noida resident Prashant Kaushal guilty of the offences saying though the sexual relations between him and the woman were consensual but the victim's consent was not free and voluntary as she was falsely assured by him that he was obtaining divorce from his wife and would marry her.

"The consent is immaterial so far as carnal intercourse against the order of nature between a man and a woman is concerned and therefore, every act of unnatural sex committed by the accused with the prosecutrix is an offence under section 377 (unnatural offences) of the IPC," the court said.

The court, which is yet to pronounce order on quantum of sentence, agreed with the submissions of the defence counsel that instances of physical relations between Kaushal and the woman could not have been forcible all the time.

It, however, said that it does appear that the woman was having sexual encounters with the man voluntarily but having belief in her mind that he has filed petition for divorce against his wife and is going to marry her at any cost.

The court said it was not only the man but his parents also who deceived the woman and persuaded her to continue sexual relations with their son on the promise that he would marry her after he gets divorced from his wife.

"Kaushal also used to force her to consume alcohol before engaging in sex with her in order to ensure that she does not offer much resistance and he gets more pleasure and satisfaction from it," the court noted, adding her consent was not free and voluntary.

According to the prosecution, Kaushal and the woman were working in the same office in Gurgaon and they became friends and used to go for outing. When she fell ill, the man came to his house and raped her and on her resistance, he assured her that he would marry her.

It said the man took the woman to several places outside Delhi since 2012 to 2014 and after making her consume alcohol, he forcibly established physical relations including unnatural with her.

It added that the woman took transfer to Hyderabad where the man followed on one pretext or other and later on she quit her job.

When the man introduced the woman to her parents for marriage purpose in 2013, she came to know he was already married and they assured her that he would obtain divorce from his wife and would marry her, the prosecution said.

The man, however, kept on delaying the divorce and marriage proceedings and threatened to ruin the woman's life after which she lodged a complaint against him at Dwarka North police station in June 2014.

During the trial, the man admitted being friends with the woman and going for vacations with her but denied having any physical relations with her.

The court, however, noted that while seeking anticipatory bail in the high court, the man had admitted that physical relations between him and the woman were consensual.

The court rejected the defence counsel' contention that since the woman had not given any complaint against the man to Workplace Harassment Cell set up in the company office, her allegations levelled against the accused cannot be believed.

"The accused had committed rape upon the woman for the first time at her house after office hours and thereafter also they were having sexual encounter with each other after office hours at places other than their office. Therefore, there was no reason or occasion

Saturday, 25 April 2015

Indian Transgenders rights should be protected by law as early as possible...

Views : Transgender rights are being ignored by the society and government for a long time.
They are also human beings. They are usually out from their own family and society because of their gender status.
The Supreme Court has recently acknowledged their rights and directs the law makers to make laws for protecting their rights.
Third gender column is being inserted in the educational forms and Bank applications forms recently.
Hope this Bill will be passed in the Lokh Sabha also and will be turned into a law.

Their sexual orientation also to be protected by law. 377 section of the Indian Penal code ( Unnatural sex) is also a legal challenge to the Transgender Community.
Section 377 is an outdated section which should be deleted from the law book.
It is the relic of the colonial rule in India.

Rajya Sabha passes historic private Bill to promote transgender rights

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transgenders, transgenders law, transgenders india, transgenders rights, third gender, Rights of Transgender Persons Bill 2014, Rajya Sabha, Tiruchi Siva, india news, indian express

Siva later shook hands with the senior members in the House, thanking them for supporting him in the bill's passage. (Source: PTI photo)

By: Express News Service | New Delhi | Updated: April 25, 2015 1:18 am

A private member’s Bill was passed in Rajya Sabha for the first time in over three decades, with MPs cutting across party lines on Friday to unanimously endorse by voice vote a proposed legislation that aims to promote the rights of transgenders, including reservations and financial aid.
However, the passage was not without its share of turbulence with Finance Minister Arun Jaitley and Social Justice and Empowerment Minister Thawar Chand Gehlot attempting to dissuade DMK MP Tiruchi Siva from moving the Bill, saying that many issues were yet to be resolved on the subject among various ministries.
But Siva rejected Gehlot’s assurance that the government would come out with a comprehensive Bill of its own in this regard and insisted on a division of votes before Jaitley said that it would “not be proper” if the House is divided on the rights of transgenders.
“The House should not be divided over such an issue. The honourable minister has said that we (government) will bring a policy… (The Bill) expresses the sentiment of the House. And the house by voice vote will agree to the sentiment,” Jaitley said before the house unanimously passed the Bill.
Earlier, BJP MPs insisted that the Bill be withdrawn even as Gehlot said the government was “positive” that it would implement policies that ensured the welfare of the transgender community.
Gehlot added that while the government “agrees (with the content of the Bill) on an emotional” level, the matter involved some impracticalities because of the involvement of a number of ministries, including his own, and Health, HRD, Home Affairs and even External Affairs which deals with passports of such individuals.
Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi also asked Siva to withdraw the Bill in light of the Minister’s promise. Deputy Chairman of the House P J Kurian too repeatedly asked Siva if he was withdrawing the Bill.
But Siva said gender equality was gaining importance even in international law. “Twenty-nine countries have legislation controlling the rights of transgender persons,” he said.
Siva added that while the number of transgenders in the country is 4.5 lakh as per statistics, the actual number could be about 20-25 lakh.
Pointing out that representatives of the community were sitting in the gallery of the House, he argued that the transgenders have voting rights but are allegedly even denied entry in trains.
He backed his argument by saying that while the Parliament has passed 14 private members’ Bills, the ones in Britain had passed 17 and Canada 229.
Congress leader Renuka Chowdhury supported Siva, telling the treasury benches, “Pass it… you will get the credit.”
While the initial voice vote over the consideration of the Bill drew a strong “no” from government MPs, Jaitley …continued »

Thursday, 23 April 2015

Dr .Priya Vedi is the victim of the Indian hypocratic marriage life...?

Views: This is the gloomy picture of the Indian marriage life. Most of the women marry the strangers is called arranged marriages. Love marriage is still a taboo here. Usually the desire and wish of the women take back seat when the time of choosing the life partner. Family ,Caste ,Religion and Horoscope are the key player in the marriage market. True- Love marriages are happened . The honour killing also happened here because that unlucky couple chose their partner irrespective of the caste and religious consideration. Gay sex is legally and socially unacceptable. So the Gay people are also pushed into the natural marriage for the sake of the family pride. The life of an innocent woman is also spoiled here. Yes- Divorce is an option here . However, the emotionally exhausted partner sometimes lost the courage and turned into deep depression. Women are the most vulnerable than men . They may not get support from their own family also. A divorcee can spoil the marriage scope of the younger sisters and brothers. At last the highly frustrated woman decide to take her life . Dr.Priya Vedi is no more . Why she did not choose divorce ? Several people asked this question. The people from the outside can ask any question. They don't know how much pain and agony were experienced to her. If this is the condition of a doctor then what about the condition of the village woman? You may think several laws are here for the protection of the women. Dowry prevention act , Domestic Violence act, 498 A section of the Indian penal code ( Cruelty against the married woman). These all laws are give no relief to the needy woman. It is mostly beneficial for the quarrelling couples for revenge purpose. What is the possible solutions ? A time has come to do a family health audit in the country. It can do by the government with help of NGOs or other Voluntary Organisation . Family heath and welfare ministry ,National Women Commission can also do lot of initiatives for the married women who are desperately seeking help .National and Sate level women helping centres and counselling centres to be opened .The immediate help is to be provided to the identified vulnerable women by the Family health audit. The women activist can focus their energy by this direction .Thousands of Priya Vedis are eagerly waiting for a helping hand before taking their life. Making some dead laws and left the women for death is not the real duty of a responsible government. Anybody here to hear ?!

( 23 -April-2015)

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Staying shut in the closet: Why divorce wasn't option for Priya Vedi

Vishakha Saxena, Hindustan Times, New Delhi
Updated: Apr 23, 2015 17:13 IST

Priya Vedi, the AIIMS doctor who allegedly committed suicide, with her husband Kamal Vedi. (Facebook Photo)

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Priya Vedi was a young, promising doctor who worked as an anaesthetist in Delhi. On Sunday, she committed suicide alleging her husband Kamal Vedi was "gay or bisexual" and had been torturing her for dowry.
People ask why Kamal married a woman or stayed married despite being unsure about his sexuality and why Priya chose to slash her wrists at a hotel in Delhi instead taking a divorce but the truth isn't that simple or easy.
What's worse is the bigger picture--which suggests that Priya and Kamal are probably one of many such couples in the country who spend their lives living lies. Truth be told, Indian society's stigmatic attitude towards sexuality, and marriage is not a big secret.
Case in point: Section 377 of the Indian Penal Code that criminalises sexual activities "against the order of nature", including homosexuality.
Effectively according to Section 377, it is against the law of nature to be a homosexual--a contention that activists and the LGBTQ communtity have actively protested against around the world.
"Section 377 pushes people deep into the closets of shame. It breeds contempt. Section 377 adds stigma to a community that is already battling with a stigmatised society," wrote LGBTQ activist Harrish Iyer (who has been quite vocal about his sexuality himself) after the news of Priya's suicide broke.
This unjust provision of law, however, is just a part of a larger problem. Majority of our society treats homosexuals worse than criminals. They are called names, termed 'sick' and treated as pariahs. Abuse and vitriol, especially for those who aren't coy about their sexuality, is not uncommon.
Further, in the tradition of arranged marriages, it often doesn't matter if one wants to marry someone else or get married at all. Bring in sexuality in this equation and one can only imagine what anyone struggling to identify their orientation goes through.

For many middle-class Indians, family pressure can get quite overwhelming. After a certain age it is expected of an individual to get married, "settle down" and start a family. In such cases, living life as whom they are and with whom they want is hardly option.
"By lying about your sexuality you are basically living a lie, and any lie will consume you personally," says Dr Rachna Singh, a psychologist at Gurgaon's Artemis Hospital.
According to Dr Singh, an individual in such a situation can react in two ways. "One can either internalise the problem which often leads to depression, anxiety and even diseases or they can externalise their feelings and have extreme violent episodes."
The final nail in the coffin is the stigma against divorce.
In her post, Priya wrote how despite her suspicions about Kamal and their almost non-existent sexual life, she "decided to help him to be as a wife". According to a report in the Indian Express, parents of both Priya and Kamal appeared to know about his sexuality and yet, everyone tried to make the marriage work.
The bitter pill is that our society tends to judge people and function conforming to rigid 'principles'. And as long as it remains so averse to acknowledging a person's individual right, it can only make more Priya and Kamal Vedis.

Monday, 23 March 2015

66 A Section Struck Down by Supreme Court.....! Great Victory for Freedom of Speech Online.

Views : What a great Victory ...!! I don't know how to Congratulates Supreme Court .

The real law makers are the Supreme Court. When Parliament makes senseless laws ,then the only hope is at Supreme Court. The law makers are doing political games instead of making better laws.

Lot of laws are still existing -Including 498A- which making hell to People life for years.

Wherever and whenever the law makers fails ,there the Supreme Court wins.

NDTV News:

Freedom of Speech Online: Section 66A is

Struck Down by Supreme Court

All India | Edited by Amit Chaturvedi | Updated: March 24, 2015 11:01 IST

Representational image

Flip

New Delhi: The Supreme Court has scrapped a contentious law that was seen as a major infringement of the freedom of speech online. Section 66A of the Information Technology Act, introduced in 2000, has been declared unconstitutional today.

The law had been challenged first by a law student named Shreya Singhal after two young women were arrested in 2012 for posting comments critical of the total shutdown in Mumbai after the death of Bal Thackeray, the Shiv Sena chief.

Critics of the law said it was misused by political parties to target their opponents and dissidence. The previous government, headed by the Congress, said that the law was necessary to combat abuse and defamation on the internet. The new BJP government also defended the law in court.

Broadly, the contention by most of the petitioners was that Section 66A is vague and allows the police arbitrary interpretation and misuse of the law.

Section 66A reads: "Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine."

The group that challenged the law in the Supreme Court expanded to include the NGO Common Cause and Bangladeshi writer Taslima Nasreen.

Indian Law :News and Views