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Pune court rejects woman’s plea after husband exposes lie

August 20, 2013 6 comments

Techie said she was jobless, sought maintenance, after the trail it was proved that the Women Techie was lying and that to she lied on oath..as she filed affidavits but still Court has not initiated action of lying or giving false evidence in the COURT u/s 340 CrPC FOR COMMITTING OFFENSE OF PERJURY.

 

ARTICLE—-

A 26-year-old married woman moved the court against her businessman husband for monthly maintenance claiming she is not working. However, her husband challenged her application and provided details of her monthly salary along with other documents to prove that she is employed as a software techie.

As a result, the court of judicial magistrate (first class) SS Patil rejected her interim relief for maintenance and passed strictures against her.

Manisha Dighe married Baner-based Anuj (33) (names change to protect their identities) on June 26, 2009. However there was a drift in their relationship and in 2012 Manisha moved an application before the court seeking monthly maintenance of Rs1 lakh and temporary accommodation under relevant sections of the Protection of Women from Domestic Violence Act, 2005 against Anuj, his mother and his two sisters.

Manisha in her plaint alleged, “Anuj used to get random calls from a woman and when I asked him, he replied it was his girlfriend’s call. When I confronted him about it, he started beating me. Later he started demanding Rs3 lakh cash for purchasing a flat. Anuj’s mother and sisters poured oil on me and tried to set me on fire but I somehow managed to rescue myself.”

She added, “Anuj’s sister’s engagement broke on February 2011 for which Anuj wanted to take revenge against her fiance. He started forcing me to register a case of rape against that fiance to defame him. I left the house and I had also registered a complaint with Chatuhshrungi police station in this regard. Now I am pursuing my postgraduation and have no income. On the other hand, Anuj earns Rs5 lakh per month ”

Anuj’s lawyer Pratibha Ghorpade argued,”Manisha is falsely implicating Anuj and cooking up a story before the court. Manisha is working in a Baner-based company and to prove the case, the head of the human resources department of the Baner-based IT company must be summoned in court.”

Accordingly, an official of the HR department submitted her income tax, her salary slips which mentioned that she is earning Rs52,000 per month which includes house rent allowance, conveyances and other expenses.”

The court observed, “It appears that Manisha has not come before the court with clean hands. During the pendency of main application of Manisha, she is seeking interim relief in the nature of interim maintenance before the court. It was her duty to come before the court with clean hands but as mentioned above I have come to the conclusion that she has not come before this court with clean hands. She has completed BE and is earning handsome income and therefore temporary relief is rejected.”

 

http://www.dnaindia.com/pune/1876342/report-pune-court-rejects-woman-s-plea-after-husband-exposes-lie

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लोकमत हेल्लो पुणे :- मुलीने रचला स्वत:च्या अपहरणाचा बनाव

या मुलीने आपले अपहरण झाल्याचे सांगितल्यावर तिचे आई-वडील राजकीय कार्यकर्त्यांना घेऊन पोलीस चौकीत आले. दबाव टाकून गुन्हा दाखल करण्यास भाग पाडले; परंतु या घटनेचा तपास केल्यावर वस्तुस्थिती निराळीच निघाली. ही मुलगीच त्यामध्ये दोषी निघाली, त्यामुळे ऊठसूठ कोणत्याही विषयावर पोलिसांवर दबाव टाकून स्टंटबाजी करणार्‍या राजकीय कार्यकर्त्यांनी पोलिसांना त्यांच्या पद्धतीने काम करू देण्याची आवश्यकता आहे. – रवींद्र फड, पोलीस उपनिरीक्षक”

 

पुणे : दहावीत शिकणारी अल्पवयीन मुलगी मित्रासोबत फिरायला सारसबागेत गेली. घरी परतायला उशीर झाल्यामुळे आई-वडिलांनी विचारणा केल्यावर या मुलीने चक्क आपले अपहरण झाले होते, असा बनाव रचला. अपहरणकर्त्यांच्या तावडीतून आपण कशीबशी सुटका करून घेतल्याचे तिने घरच्यांना सांगितले. कुटुंबीयांच्या आग्रहाखातर पोलिसांनी गुन्हा दाखल केला खरा; परंतु पोलिसांनी हा सर्व बनाव असल्याचे एकाच दिवसात उघडकीस आणले.
याबाबत पोलीस उपनिरीक्षक रवींद्र फड यांनी माहिती दिली. १५ वर्षीय मुलगी शुक्रवारी सकाळी शाळेला जाते, असे सांगून अकरावीत शिकणार्‍या एका १७ वर्षीय मित्रासोबत फिरायला गेली होती. दिवसभर सारसबागेत फिरून झाल्यावर रात्री उशिरा हे दोघेही घरी परतले. मुलगी शाळेतून अद्याप घरी कशी आली नाही, यासाठी वडिलांनी शाळेत जाऊन चौकशी केली तेव्हा ती शाळेत आलीच नसल्याचे समजले. घरी काय सांगायचे, या विचारात असतानाच तिला अपहरण झाल्याचे नाटक सुचले.
एका व्यक्तीने आपल्याला बळजबरीने मोटारीत बसवून पळविले होते. त्याची नजर चुकवून स्वत:ची सुटका करून पळून आल्याचे तिने कुटुंबीयांना सांगितले. काळजीत पडलेल्या आई-वडिलांनी कोथरूड पोलीस ठाणे गाठून फिर्याद दिली. मुलीच्या सांगण्यातील विसंगती लक्षात आल्यावर पोलिसांनी तिला खोदून-खोदून विचारले. आई -वडिलांचा मार चुकविण्यासाठी तिने अपहरणाची कथा रचल्याचे तिने सांगितले. (प्रतिनिधी)

 

http://epaper.lokmat.com/newsview.aspx?eddate=08/05/2013&pageno=1&edition=42&prntid=30036&bxid=26315434&pgno=1

Pune Mirror:- ‘We are sitting ducks’ Men’s groups call J S Verma Commission’s recommendations biased, claim they weren’t consulted

February 7, 2013 Leave a comment

Acoalition of groups of men fighting for their rights undertheaegisoftheSaveIndian Family Foundation (SIFF) on Sunday condemned Justice J S Verma Commission’s recommendations. Now, these groups from across the country have started writing mass letters, sending postcards and SMSes to Union Home Minister Sushilkumar Shinde, Union Law Minister Ashwini Kumar and M Venkaiah Naidu, who heads the Parliamentary Standing Committee on Home Affairs. They claimed that the panel’s recommendations disregard democratic values. 

    The three-member panel was set up following the Delhi gang rape to suggest changes required in existing laws to provide better security to women in India.
From Pune, Men’s Rights Association is fighting the recommendations tooth and nail. Atit Rajpara, its founder president, said, “We are surprised how a committee with such eminent panel members chose to ignore the fundamental principle of justice despite police reports stating that many rape cases filed in India are false. These recommendations will ensure that innocent people get punished by “assumption of being guilty”, even after going through a “grilling legal process”.
He said, “A court in Delhi recently ticked off a mother-daughter duo for habitually filing false rape cases for grabbing properties. There are millions of such cases with hidden agendas.” SIFF alleged that the recommendationsarebiasedandanti-men, as not a single organisation, of the 35 representing men’s welfare, was consulted before making the recommendations in the 650-page report. The commissionhadclaimedthatallconcerned parties were consulted. SIFF believes the report is a blind copy of thedemandsmadebyahandfulofaggressive women’s organisations.
The groups say removal of the misuse of sexual harassment at workplace clause,not providing for protection of men from sexual harassment and adding a section for marital rapeinadditiontoexisting15lawsfor women in a marital setting is preposterous on the part of the committee. Men cannot expect to get a fair trial, should any of these recommendations come into existence, they claim. They cited studies which have revealedthatfalserapecasesconstituteover75to90percentrapesinIndia. No punishment has been included forfemalesexualpredators,theysaid.
    Srinivasa Rao of ‘Hridaya’, Kolkata, said, “We oppose the Justice Verma committee recommendations because they have completely been influenced by feminists. Secondly, the existing rape law itself is stringent. It needs to become gender neutral.”
Jyoti Tiwari, All India Forgotten Women Association (AIFWA), said, “Crime and criminals do not have genders. So, equal punishment to all is a must. I lost my brother almost a year back due to one misuse of law. I don’twantthesametohappentomy son tomorrow. So, we strongly demandthatalllawsshouldbegenderneutral and there should be a misuse clause too.”
ABOUT THE NEW ORDINANCE
President Pranab Mukherjee on Sunday gave his assent to the ‘Ordinance on sexual assault’ which was approved by the Union Cabinet two days ago. The changed law will come into force with immediate effect. The ordinance was rushed through to beat the notification of Parliament’s budget session which is due to begin on February 21. The notification would have prevented the issuance of an ordinance. The government will now have to get it passed from the Parliament within six months of the Ordinance coming into effect. The government will bring these provisions as Bills during the Budget Session.
Men protesting against the panel’s recommendations sit down to write letters to top politicians and ministers

MAKE RAPE LAW GENDER NEUTRAL- DEMANDS SAVE INDIAN FAMILY

January 9, 2013 7 comments
ma. ta. special Correspondent
 
The current laws pertaining to harassment are based on the belief that only women are victims.Therefore the new proposed law or amendment to existing law on Rape- Sexual assault should be made gender-neutral in a letter written by Rajesh Vakharia, President Central Chapter of Save Indian Family Foundation to Chief Justice.
 
Actually statistics show that more men than women are victims of harassment. But all the debates talk only of women harassment, that does not mean that all men have sufficient protection. Hence the new law should be made gender-neutral so that male victims can also get justice says Rajesh Vakharia. Whosoever is guilty should be severely punished and therefore law should be equal for everyone. All the present laws are drafted considering that only women are victims. Save Indian Family is of the opinion that present laws are biased and consider all males as oppressors and all women as the oppressed.
 
Sexual Harassment of males is high. But in most cases there are no complaints. Hence these are not recorded. Most of the times cases are not reported due to shame. A man fears that no one will believe him. He has a fear of getting removed from job and hence does not complain. Due to male-dominated culture, all the responsibilities of running a home is on the male. Hence if a man complains and gets fired from job, not only the man but his family gets affected. So there are no complaints. But don’t men have right to peaceful existence? Crime of Sexual Harassment should be applicable to both the genders, he demands.
 
In the same letter, he raises issue of sexual assault on male inmates in police custody. Several men have lost their lives in the prisons in such inhumane cases. Beating on the buttocks of male prisoners, giving mild shocks to private parts, putting chilli powder are some of shocking incidences coming to light. This is sexual harassment of male. In our society, Rape is crime only if done by a man on woman. But world-wide such laws also embrace assault of men by men, female by female, male by female. The new law should take this also into account.
 
Whenever amendment is sought in a law it should not be based on emotions but by rational thinking and taking into account the current state of affairs. Similarly sexual harassment complaint should be accepted from men as well as women. People in a frenzy demand for capital punishment by getting excited on single incidence however when the punishment is awarded, it should not be based on emotions but on actual facts and background of complainants of the case.
 
As per police records 70 to 80% cases of rape are false. Due to such false cases, the real victims get delayed justice. To avoid such situations, false complainants need to be punished rigorously. Most of the times consensual sex is also treated as rapes, hence the definition of rape must be suitably amended demands Vakharia.

Pune Mirror:—Make rape law gender neutral: men’s group

January 7, 2013 6 comments

MRA says proposed changes to rape laws are extreme; could be used to blackmail, harass men

Vijay.Chavan @timesgroup.com

Even as women’s organisations demand no-holds barred punishment for rapists, men are coming out with their own take on the issue. Pune-based group Men’s Right Association (MRA) has sent a list of suggestions to the three-member committeeheadedbyformerChiefJusticeofIndiaJ S Verma has been set up to amend laws in sexual assault cases.
The MRA claims that certain provisions in the proposed laws are extreme and could lead to the law being grossly misused. Atit Rajpara, founder-president, MRA, said, “The Central governmentandwomen’sgroupsplantoamend rape laws which we support. We want the death penalty for rapists, even if it isn’t a case of rape and murder. However, some of the proposals are extreme and can be used to harass men.”
Rajpara added, “All references to ‘man’ or ‘woman’ must be replaced with ‘person’ or ‘whosoever’ ‘Husband and ‘wife’ must be replaced with ‘spouse’. We alsowantthatrelationshipormaritaldisputes should not be included in a sexual assault case as they are covered under the Domestic Violence Act.”
“Most importantly, we would like the commitee to recommend that rape laws be made gender neutral, so a rape accused is punished regardless of gender, caste or religion. However, the government and women’s groups are not ready to do this,” he said.
TheMRAsentintheirlistonJanuary2 and have also started a mass email campaign to spread awareness.
GOVT, WOMEN’S GROUPS PROPOSE
» Punishment for rape accused should be hanging till death, presently the death penalty stands only for rape and murder
» Chemical castration for accused
» Accused must prove that he has not committed the rape, the victim does not need to give any proof or even a medical test. The victim only has to claim that she has been raped and whoever she nameds will be arrested immediately and not get bail till the case is over, irrespective of how long it goes on » As soon as the victim files the case, regardless of whether it is true or false, she will get a minimum of Rs 2 lakh with a first instalment of Rs 50,000 available immediately
» A rape victim will get a government job
» In a marital dispute, the wife can file a rape charge on her husband along with Section 498A of the Indian Penal Code (Husband or relative of husband of a woman subjecting her to cruelty) and the husband will have no defence.
» There should be no punishment for women making false rape or gang rape charges.
MRA RECOMMENDS
» Rape laws should not be misused as the Domestic Violence Act often is. The law should not become a means of blackmail and extortion » Rape laws should be made gender neutral
» Cases of infidelity in a relationship should not be converted into rape cases
» False complaints of rape should be punished severely, so that genuine cases like Jyoti Singh Pandey get justice.
» Introduce police and judicial reforms for speedier justice and to increase conviction rates in rape cases
» Men should allowed to file rape cases
» There are several cases where the woman consents to a sexual relationship, but later changes her mind, saying she was drunk, under threat or that the man promised to marry her or promised her a job. Such cases should not be termed as rape

The MRA says they support some of the proposals put forward by women’s groups, but some need to be tempered
All references to ‘man’ or ‘woman’ must be replaced with ‘person’ or ‘whosoever.’ ‘Husband’ and ‘wife’ must be replaced with ‘spouse’
ATIT RAJPARA, FOUNDER-PRESIDENT, MRA

 http://epaper.timesofindia.com/Repository/ml.asp?Ref=UE1JUi8yMDEzLzAxLzA3I0FyMDAyMDA=&Mode=HTML&Locale=english-skin-custom

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Bombay HC fines state for illegal police arrests and excesses

December 24, 2012 1 comment

The state was asked to pay Rs 2.5 lakh each to Ramesh (66) and Hansa (63) Jariwala by Bombay High Court, who were illegally detained by the Navghar police for around 36 hours.

A complaint of dowry harassment was filed against Niraj Jariwala and his elderly parents Ramesh and Hansa by his wife in Mulund. On December 2, 2011, around 8.20pm, sub-inspector Mahadeo Nikam, investigation officer in the case, picked up Ramesh and Hansa from their home in Aurangabad. They were first taken to Solapur and then brought to Mulund on December 3 at 8.20pm. The next day, on December 4, at 8.10am, they were officially shown as arrested. The Bhoiwada court released the senior citizens on bail the same day. “Show us any provision in law that allows the police to keep someone in custody for questioning without showing him as arrested,” judges had said during an earlier hearing. “The state cannot deny responsibility (for police action). The state allows such police officers to continue till superannuation; then it has to bear the consequences,” the court had added. The second case dealt with 56-year-old Matunga resident Bharati Kandhar, who was illegally detained for three hours and arrested after sunset in violation of rules on June 13, 2007. The court directed the state to pay her Rs 5,000 as compensation on Friday.

For Complete Judgement :- Click Here
Illegal police action included arresting a woman after sunset without following proper procedures, illegally keeping an elderly couple in custody for 36 hours, and illegal detention of three persons. A division bench of Justices Abhay Oka and Sambhaji Shinde allowed the state to recover damages awarded to the victims from the police officer concerned and also ordered departmental action against them.

http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JUFUvMjAxMi8xMi8yMiNBcjAwMTA2&Mode=HTML&Locale=english-skin-custom

There were some more suck kinda orders from various Indian High Courts as well as Supreme Court of India.

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter.

I realized that the Indian criminal justice system was acting in contravention of Indian laws when dealing with 498A cases. It is easy to explain how this happened: Over the decades, a belief was propagated in India that the police had the outright authority to arrest anyone implicated in a criminal case and corrupt policemen did so with impunity. This belief remained unquestioned and was promoted by police officers and lawyers.

Unfortunately, these same beliefs were packaged and presented to the public as facts at web sites of organizations committed to fighting 498A. I created this site/blog to dispel these beliefs and raise awareness of the laws and judgments which protect the rights of Indians though posts at this site. Over a span of several months, I devoted hours each day to reading and compiling judgments and articles about Indian laws.

Due process lays down that the procedure for depriving a person of his life or liberty must be lawful, reasonable, fair, and just. Due process means that no police officer has the right or the authority to effect the arrest of an individual merely because the person has been accused in a criminal case. Every member of the judiciary is also duty bound to respect the right to due process and cannot automatically send individuals to jail on account of being produced in a court room by the police.

Above all, Article 21 of the Indian Constitution asserts the importance of due process. It says:  “no person shall be deprived of his life or personal liberty except according to procedure established by law”.

Sadly, despite the existence of this order, the police and the lower courts colluded and jailed hundreds of thousands of innocent Indians accused under 498A for over a decade. I am amazed that this fact doesn’t seem to bother anyone in this country of a billion people.

The only way to end this tyranny is to fight using the RTI Act and having the courage, resilience, and the fortitude to resist the calls to pay bribes and make the case go away. Also, the judiciary falls under the RTI Act and know that the magistrates who summon you to face charges are not silent spectators. They must apply their heads to see if the accusations in the FIR (police complaint) constitute a crime.

More men cry sexual harassment at work-DNA Letters to the editor

December 5, 2012 Leave a comment

Kudos to DNA
I read the great news report ‘More men cry sexual harassment at work’ in DNA, December 4. Men face a lot of hatred in their offices and it takes a lot of boldness to expose it. The media normally harps on issues related to females but is scared to highlight male issues. Thanks for highlighting a issue which everybody chooses to ignore. Please do not bother about feminists or the few indifferent men who are on the other side. Keep up the good work.
—Arnab Ganguly, email

II
It takes a lot of courage to speak against the mainstream. DNA has shown that courage and hats off for this article and exposure of the sexual harassment of men at workplace. Men have never been vocal in exposing their problems. Now, with the launch of helplines for men and the confidentiality assured, more men can now seek help and report their problems. I am thankful to DNA who has dared to publish this report.
—Kailash Khairnar, email

III
Congratulations and sincere thanks for publishing the truth about our male-hatred society. I know it takes a lot of guts to publish a news article that support men in today’s era of empowered women. As per my belief, women organisations conduct paid surveys in order to achieve the goal of making anti-male laws in the name of women empowerment. The actual data is manipulated to turn society against men.
—kurheamol@gmail.com

IV
This is so true that men too are falling prey to sexual harassment. I am a witness to it. The general manager of our company was fired on a false allegation made by a cleaning staff member. She demanded Rs10 lakh from him and threatened that if he doesn’t pay up, she would cry rape. Thankfully, the company allowed him to resign on will.
—sumit.bindra1@gmail.com

V
The current draft prepared by the Department of Women and Child Development (WCD) should be discarded and a fresh one must be prepared taking into consideration the following points:-
* The Sexual Harassment at Workplace Bill must be reviewed and amended immediately to make it gender neutral; the word ‘men/women’ must be replaced by a person or employee.
* No direct money should be given to the person who has complained; all fines must go to an employee welfare fund. This will reduce the instances of misuse and extortion.
* If the case is found to be false/fabricated or filed with an intention to derive personal benefit, the person should be fined or sacked without any discretion.
* No outsiders must be allowed into the committees. No women’s rights NGOs must be allowed to earn revenue from sitting in these committees and convert benign cases into sexual harassment cases.
* The offence should be categorised into five-levels and the fine or disciplinary action should be as per the level of offence found during enquiry.
* If a person is not satisfied with the committee’s findings and conclusions, they should have the right to approach the court but the employer or enquiry committee member should not defend the accuser’s case.
—nagoju.chary@gmail.com

VI
The Sexual Harassment at Workplace Bill has completely turned a blind eye towards protection of males from females or other male colleagues. Will companies allow the drafting of a law that clearly violates men’s rights? Do companies know that false allegations from a woman can ruin the reputation of some of their best performing employees? How have the Indian corporate planned to relieve the burden of harassment and ignominy that a male staff member would have to bear if he is falsely accused? This also extends to colleges and educational institutions where a false allegation by a woman or a disgruntled female student can tarnish the life-long image of a male professor.
—Aggarwalgurgaon@gmail.com

 

http://epaper.dnaindia.com/story.aspx?id=33534&boxid=14981&ed_date=2012-12-05&ed_code=820040&ed_page=6

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