Congratulations to India and particularly to Delhi for her new T3, amazing this is now officially the 3 largest airport building, well ahead of Hong Kongs new airport and Thailands New Airport, by well over 200,000 square feet. I guess the government has done something correct in awarding P3 contracts for Delhi and Mumbai airports.
http://www.newdelhiairport.in/traveller.aspx
Delhi IGI's terminal three to become operational today
NEW DELHI: The brand new Terminal 3 of the Indira Gandhi International Airport will become operational from Wednesday afternoon with the arrival of
Air India Flight 102 from the John F. Kennedy Airport in New York.
The aircraft is expected to land at 3.45 p.m.
Prime Minister Manmohan Singh and UPA Chairperson Sonia Gandhi inaugurated the terminal on July 3.
In all, nine flights will arrive or depart between July 14 and 15 as part of the terminal activation and operational process.
The Air India flight will be quickly followed by a Jet Airways flight from Kathmandu at 5-15 p.m. The first flight to depart from the terminal will be a Jet Airways for Dubai at 7-30 p.m. on Wednesday. The Emirates will fly in its "prestigious" Airbus A-380 to the new terminal as one of the "proving" flights on July 15.
Mr.Rebates
Saturday, July 17, 2010
HC drops dowry charges against distant relative of husband
July 16, 2010
AHMEDABAD: Gujarat High Court on Thursday dropped charges of causing mental harassment and demanding dowry against one Naishadhbhai Trivedi. Trivedi is maternal uncle of the main accused's sister-in-law.
The court ruled that adverse remarks made on phone by husband's sister-in-law's maternal uncle, who happens to be her mother's cousin, not real brother, does not amount to an offence under Section 498A of IPC.
Last year, one Pooja Bhatt had lodged a complaint with the Satellite police against her husband and his family members accusing them of causing mental torture and demanding dowry. The police booked them all under Section 498 of IPC. Police investigated the case and a trial has already commenced against the family.
Interestingly, one of the accused in this case was Trivedi, who is not directly related to Pooja's husband. "He is stated to be maternal uncle of jethani...He is not even the real uncle but is a cousin brother of mother of jethani," Justice Akil Kureshi noted in his order.
The complainant woman accused Trivedi by stating that he used to make phone calls and make false allegations that she was not getting along well with her husband.
"This allegation by itself, in my opinion, would not constitute any offence much less offence punishable under Section 498A of IPC or any of the provisions of the Dowry Prohibition Act," the court noted.
The complaint also stated in later part that Trivedi along with other members of the family questioned as to why she did not bring ornaments in her dowry. But the court was not convinced with the accusation.
"The sentence that Trivedi also used to taunt the complainant for not bringing enough dowry is only to involve him. This coupled with the fact that the Trivedi is not directly related to the husband of the complainant and admittedly he is a distant relative of the sister-in-law of the husband of the complainant, I am of the opinion that permitting trial against the present petitioner would amount to abuse of process of court," the court observed and exonerated the petitioner.
AHMEDABAD: Gujarat High Court on Thursday dropped charges of causing mental harassment and demanding dowry against one Naishadhbhai Trivedi. Trivedi is maternal uncle of the main accused's sister-in-law.
The court ruled that adverse remarks made on phone by husband's sister-in-law's maternal uncle, who happens to be her mother's cousin, not real brother, does not amount to an offence under Section 498A of IPC.
Last year, one Pooja Bhatt had lodged a complaint with the Satellite police against her husband and his family members accusing them of causing mental torture and demanding dowry. The police booked them all under Section 498 of IPC. Police investigated the case and a trial has already commenced against the family.
Interestingly, one of the accused in this case was Trivedi, who is not directly related to Pooja's husband. "He is stated to be maternal uncle of jethani...He is not even the real uncle but is a cousin brother of mother of jethani," Justice Akil Kureshi noted in his order.
The complainant woman accused Trivedi by stating that he used to make phone calls and make false allegations that she was not getting along well with her husband.
"This allegation by itself, in my opinion, would not constitute any offence much less offence punishable under Section 498A of IPC or any of the provisions of the Dowry Prohibition Act," the court noted.
The complaint also stated in later part that Trivedi along with other members of the family questioned as to why she did not bring ornaments in her dowry. But the court was not convinced with the accusation.
"The sentence that Trivedi also used to taunt the complainant for not bringing enough dowry is only to involve him. This coupled with the fact that the Trivedi is not directly related to the husband of the complainant and admittedly he is a distant relative of the sister-in-law of the husband of the complainant, I am of the opinion that permitting trial against the present petitioner would amount to abuse of process of court," the court observed and exonerated the petitioner.
Student gangraped in Greater Noida
July 16, 2010
GREATER NOIDA: A class 12 student was abducted while she was returning from her tuition classes and allegedly gang-raped in Greater Noida, police said on Friday.
Initially the local police at Dadri refused to register the complaint after the incident on Wednesday. A case was filed Thursday after the girl's father met Greater Noida's Superintendent of Police S K Verma and apprised him about the incident.
"We have registered the case and have sent the girl for medical examination at Noida. No arrest has been made so far," Verma said.
According to the complaint, the 17 year old girl was returning to her residence when three youth in an Alto car dragged her in at pistol point, took her in to an abandoned area and gang-raped her.
The three later dumped the unconscious girl near her house in Dadri.
Class 12 student gangraped in Greater Noida
GREATER NOIDA: A class 12 student was abducted while she was returning from her tuition classes and allegedly gang-raped in Greater Noida, police said on Friday.
Initially the local police at Dadri refused to register the complaint after the incident on Wednesday. A case was filed Thursday after the girl's father met Greater Noida's Superintendent of Police S K Verma and apprised him about the incident.
"We have registered the case and have sent the girl for medical examination at Noida. No arrest has been made so far," Verma said.
According to the complaint, the 17 year old girl was returning to her residence when three youth in an Alto car dragged her in at pistol point, took her in to an abandoned area and gang-raped her.
The three later dumped the unconscious girl near her house in Dadri.
Class 12 student gangraped in Greater Noida
Goa police arrests Nadia Torrado's mother, plus Video
July 15, 2010
PANAJI: Goa police on Thursday arrested Sonia Torrado, mother of Nadia, in her daughter's death case, in which former Goa tourism minister Fransisco Mickky Pacheco is an accused.
Sonia has been charged with culpable homicide, destruction of evidence and abetment to suicide, police inspector Sunita Sawant said on Thursday night.
Sonia (55), a teacher, was constantly being interrogated by the Crime Branch from May 30, when Nadia died in a hospital at Chennai after allegedly consuming poison.
She was said to be in the house when Nadia consumed poison on May 15.
A maid servant had earlier given a statement to the police saying that she was directed by Sonia to burn five bags containing Nadia's belongings after her body was brought from Chennai.
Police had recovered few items, including an air ticket from the burnt remains.
Police have already arrested Pacheco in this case, while his close aide, Lyndon Monteiro, has been accused of destroying the evidence and is out after being granted anticipatory bail by the Supreme Court.
Nadia's mother held for 'destroying evidence'
PANAJI: Goa police on Thursday arrested Sonia Torrado, mother of Nadia, in her daughter's death case, in which former Goa tourism minister Fransisco Mickky Pacheco is an accused.
Sonia has been charged with culpable homicide, destruction of evidence and abetment to suicide, police inspector Sunita Sawant said on Thursday night.
Sonia (55), a teacher, was constantly being interrogated by the Crime Branch from May 30, when Nadia died in a hospital at Chennai after allegedly consuming poison.
She was said to be in the house when Nadia consumed poison on May 15.
A maid servant had earlier given a statement to the police saying that she was directed by Sonia to burn five bags containing Nadia's belongings after her body was brought from Chennai.
Police had recovered few items, including an air ticket from the burnt remains.
Police have already arrested Pacheco in this case, while his close aide, Lyndon Monteiro, has been accused of destroying the evidence and is out after being granted anticipatory bail by the Supreme Court.
Nadia's mother held for 'destroying evidence'
Thursday, July 15, 2010
Six years, seven months later, justice for Girish
July 14, 2010
Six years and seven months after software engineer B V Girish had been killed in one of the most high-profile murder cases in the city, his fiance Shubha Shankar, and three others, were convicted of murder by the Bangalore High Court on Tuesday.
In December 2003, four days after their engagement, Shubha and Girish were on their way to dinner on his/ her kinetic. The couple stopped near the flight landing pointon the Ring Road when he was assaulted from behind. Hit on the head with a motorcycle's shock absorber, Girish died a day later in hospital. Shubha had told the police then that Girish had been killed by unknown asaailants.
The police, at first, did not suspect her of having played a part in the episode, and DCP (central) S Parashivamurthy had said as much two weeks after the incident. “She is in a state of shock, we do not suspect her," S Parashivamurthy had said then.
"She is the lone eyewitness to the murder, and we need her co-operation to solve it.’’
It was after the cops investigating the case went through Shubha's phone records, which led them to her boyfriend Arun Verma (then 19), that they suspected foul play. Investigations revealed that Shubha and Arun had hired a local goon, Venkatesh, wih the help of Arun's cousin Dinesh, to kill Girish. All four were pronounced guilty.
Shubha, who was arrested by the police in January, 2004, was in judicial custody for 108 days before being released on bail.
Even though she looked shaken on hearing Judge Vantigodi's verdict on Tuesday, she managed to remain calm. Her parents and relatives, however, broke into tears. A decision on the punishment is expected to be announced on Wednesday.
Delayed, not denied
Girish's family, meanwhile, said they were relieved that justice was not denied, even if it was delayed. ''My brother's head was smashed, but despite knowing that it was his fiancee who had got him killed, we did not say a word to her or her family members. We knew that if we stayed patient, we would get justice," Ramesh B V, Girish's elder brother -- who is also a software engineer -- said after Fast Track Court 17 had announced the verdict.
The family, he said, had religiously attended all the hearings (more than 300) for six years. ''Between 2008 and 2010, my wife Ratna and her father Anantha Narayana Rao attended 145 hearings. People we didn't even know helped us. Eye-witnesses came forward. After getting the conviction, we now finally have some peace of mind," Ramesh said.
Judge Vantigodi, after hearing the arguments, passed his judgement based on electronic evidence and eyewitness records. C V Nagesh, the lawyer defending Shubha and the other accused, had argued that his clients were not even present at the scene of crime, and that one of them was, in fact, at the HAL hospital. The judge said he did not provide sufficient evidence.
Flashback
News of Girish's murder had shaken Bangalore in 2003. Shubha and Girish had been family friends, residing in Banashankari second stage. Both the families knew each other well and had planned to get Shubha and Girish married.
Their engagement was held on November 30, 2003 in Udupi Hall, near BDA complex, Banashankari and the marriage was fixed for April 2004.
Shubha, however, was in love with her college friend from MMS College of Law in Jayanagar, Arun Verma.
Shubha and Arun, as it turns out, took matters into their own hands -- and roped in Dinesh and Venkatesh. On December 3, 2003, Girish visited Shubha at her place and she persuaded him to go out with her for a drive and dinner. Girish took her to his Intel office and even introduced her to his colleagues after which they went to Thank God Its Friday (TGIF) on Old Madras Road for dinner. After dinner Shubha convinced him to go to the flight landing point, to which place Arun and Venkatesh followed them.
Arun and Venkatesh stopped their bike on the other side of the road, and Venkatesh took out a steel rod and smashed Girish's head. While Venkatesh escaped from the crime scene, Shubha asked those passing by to help take Girish to Manipal hospital, where he succumbed to his injuries.
Timeline
November 30, 2003
Girish, 23, engaged to Shubha, 21, at Banashankari
December 3, 2003
The couple have dinner in a restaurant at Carlton Towers on Old Airport Road. Post-dinner, they stop on the Koramangala-Indiranagar stretch of the Intermediate Ring Road to watch planes land/take-off.
Two men walked towards Girish and hit his head with a blunt object before fleeing on a bike. Girish rushed to a nearby hospital, but could not be saved.
January 2004
Following a complaint by Girish’s brother B V Ramesh, police begin investigating foul play angle. Girish’s colleagues, friends and family members repeatedly petition the police and everyone in power to ensure that the killers are nabbed. Police make the breakthrough after questioning Shubha.
January 25, 2004
Police arrest Shubha from her residence in Banashankari for allegedly plotting Girish’s murder, her ‘boyfriend’ and his accomplices.
February 25, 2004
Trial begins in the Mayo Hall court.
July 10, 2007
State government moves high court to vacate stay on the trial.
December 18-19, 2007
Girish’s father, who was constantly tracking the court developments, dies on December 18. On the 19th, trial begins in a fast-track court.
September 19, 2008
Shubha seeks exemption from weekend attendance to the all-women police station claiming that the inquiry was almost complete and accused the police of deliberately making her wait. Previously, the court while granting conditional bail directed Shubha to defer her foreign trip and also report to the Station House Officer every week.
May 17, 2010
The Fast Track Court convicts the accused for murder.
The quantum of punishment will be announced later.
Six years and seven months after software engineer B V Girish had been killed in one of the most high-profile murder cases in the city, his fiance Shubha Shankar, and three others, were convicted of murder by the Bangalore High Court on Tuesday.
In December 2003, four days after their engagement, Shubha and Girish were on their way to dinner on his/ her kinetic. The couple stopped near the flight landing pointon the Ring Road when he was assaulted from behind. Hit on the head with a motorcycle's shock absorber, Girish died a day later in hospital. Shubha had told the police then that Girish had been killed by unknown asaailants.
The police, at first, did not suspect her of having played a part in the episode, and DCP (central) S Parashivamurthy had said as much two weeks after the incident. “She is in a state of shock, we do not suspect her," S Parashivamurthy had said then.
"She is the lone eyewitness to the murder, and we need her co-operation to solve it.’’
It was after the cops investigating the case went through Shubha's phone records, which led them to her boyfriend Arun Verma (then 19), that they suspected foul play. Investigations revealed that Shubha and Arun had hired a local goon, Venkatesh, wih the help of Arun's cousin Dinesh, to kill Girish. All four were pronounced guilty.
Shubha, who was arrested by the police in January, 2004, was in judicial custody for 108 days before being released on bail.
Even though she looked shaken on hearing Judge Vantigodi's verdict on Tuesday, she managed to remain calm. Her parents and relatives, however, broke into tears. A decision on the punishment is expected to be announced on Wednesday.
Delayed, not denied
Girish's family, meanwhile, said they were relieved that justice was not denied, even if it was delayed. ''My brother's head was smashed, but despite knowing that it was his fiancee who had got him killed, we did not say a word to her or her family members. We knew that if we stayed patient, we would get justice," Ramesh B V, Girish's elder brother -- who is also a software engineer -- said after Fast Track Court 17 had announced the verdict.
The family, he said, had religiously attended all the hearings (more than 300) for six years. ''Between 2008 and 2010, my wife Ratna and her father Anantha Narayana Rao attended 145 hearings. People we didn't even know helped us. Eye-witnesses came forward. After getting the conviction, we now finally have some peace of mind," Ramesh said.
Judge Vantigodi, after hearing the arguments, passed his judgement based on electronic evidence and eyewitness records. C V Nagesh, the lawyer defending Shubha and the other accused, had argued that his clients were not even present at the scene of crime, and that one of them was, in fact, at the HAL hospital. The judge said he did not provide sufficient evidence.
Flashback
News of Girish's murder had shaken Bangalore in 2003. Shubha and Girish had been family friends, residing in Banashankari second stage. Both the families knew each other well and had planned to get Shubha and Girish married.
Their engagement was held on November 30, 2003 in Udupi Hall, near BDA complex, Banashankari and the marriage was fixed for April 2004.
Shubha, however, was in love with her college friend from MMS College of Law in Jayanagar, Arun Verma.
Shubha and Arun, as it turns out, took matters into their own hands -- and roped in Dinesh and Venkatesh. On December 3, 2003, Girish visited Shubha at her place and she persuaded him to go out with her for a drive and dinner. Girish took her to his Intel office and even introduced her to his colleagues after which they went to Thank God Its Friday (TGIF) on Old Madras Road for dinner. After dinner Shubha convinced him to go to the flight landing point, to which place Arun and Venkatesh followed them.
Arun and Venkatesh stopped their bike on the other side of the road, and Venkatesh took out a steel rod and smashed Girish's head. While Venkatesh escaped from the crime scene, Shubha asked those passing by to help take Girish to Manipal hospital, where he succumbed to his injuries.
Timeline
November 30, 2003
Girish, 23, engaged to Shubha, 21, at Banashankari
December 3, 2003
The couple have dinner in a restaurant at Carlton Towers on Old Airport Road. Post-dinner, they stop on the Koramangala-Indiranagar stretch of the Intermediate Ring Road to watch planes land/take-off.
Two men walked towards Girish and hit his head with a blunt object before fleeing on a bike. Girish rushed to a nearby hospital, but could not be saved.
January 2004
Following a complaint by Girish’s brother B V Ramesh, police begin investigating foul play angle. Girish’s colleagues, friends and family members repeatedly petition the police and everyone in power to ensure that the killers are nabbed. Police make the breakthrough after questioning Shubha.
January 25, 2004
Police arrest Shubha from her residence in Banashankari for allegedly plotting Girish’s murder, her ‘boyfriend’ and his accomplices.
February 25, 2004
Trial begins in the Mayo Hall court.
July 10, 2007
State government moves high court to vacate stay on the trial.
December 18-19, 2007
Girish’s father, who was constantly tracking the court developments, dies on December 18. On the 19th, trial begins in a fast-track court.
September 19, 2008
Shubha seeks exemption from weekend attendance to the all-women police station claiming that the inquiry was almost complete and accused the police of deliberately making her wait. Previously, the court while granting conditional bail directed Shubha to defer her foreign trip and also report to the Station House Officer every week.
May 17, 2010
The Fast Track Court convicts the accused for murder.
The quantum of punishment will be announced later.
India Is a Terrible Place to Die
July 14, 2010
Our colleagues at China Real Time Report put up this post today, looking at the best – and worst – places to die in the world.
It is based on an Economist Intelligence Unit survey called the “Quality of Death index” ranking 40 nations by the quality of care given to those about the depart this mortal coil.
We wanted to highlight one paragraph in the post – suitably, the last.
It reads: “Dead last in the Quality of Death index was India, where more people may die each year than anywhere else. Even with a lower population than China and a relatively young population overall, Unicef figures show the country had an 8% death rate in 2008, meaning around 94.5 million people died there.”
India rarely does well in international indexes of quality of anything. Unfortunately, despite billions invested by the government in social welfare programs, we now need to add “inability to care for the dying” as another black mark against the world’s second-fastest growing economy.
Our colleagues at China Real Time Report put up this post today, looking at the best – and worst – places to die in the world.
It is based on an Economist Intelligence Unit survey called the “Quality of Death index” ranking 40 nations by the quality of care given to those about the depart this mortal coil.
We wanted to highlight one paragraph in the post – suitably, the last.
It reads: “Dead last in the Quality of Death index was India, where more people may die each year than anywhere else. Even with a lower population than China and a relatively young population overall, Unicef figures show the country had an 8% death rate in 2008, meaning around 94.5 million people died there.”
India rarely does well in international indexes of quality of anything. Unfortunately, despite billions invested by the government in social welfare programs, we now need to add “inability to care for the dying” as another black mark against the world’s second-fastest growing economy.
Wednesday, July 14, 2010
Man shows 'letter' to prove wife was genetically suicidal
July 13, 2010
Mumbai: The in-laws and husband of Nishi Jethwani, who committed suicide by jumping off the 28th floor of her Mulund residence on June 27, have produced a ‘letter’ written by Nishi in her teenage years to prove that she had suicidal tendencies. They are seeking bail on that basis.
The Mulund police had earlier said that she did not leave a suicide note behind.
The letter, which reads more like a note, was allegedly written by Nishi when she was about 15. It was written on October 31, 2002, after her mother committed suicide, the bail application stated.
“The letter reflects the confused, frustrated, highly depressed state of the deceased. A mentally abnormal and imbalanced person alone can make such notes and writings,” the bail application stated. As per medical science, “suicidal tendencies can be seen in families across generations as depression is genetic”, it added. The matter will come up for hearing on June 14.
Nishi’s father had filed a complaint with the Mulund police alleging that her in-laws and husband harassed her. Based on the complaint, the Mulund police had booked husband Jitendra, father-in-law Mulchand, 53, mother-in-law Deepa, 49, and sister-in-law Sapna, 18, under section 498 A (cruelty by in-laws) and 304 B (death caused due to demand of dowry).
The note, accessed by DNA, was possibly written after consultation with an astrologer. It speaks about Nishi’s parents’ marriage date, her father’s star sign and “her sadesatti” getting over in the second week of November 2003. Sadesatti refers to bad phase in a person’s life. “All the views of life change after sadesatti gets over,” the note read.
The note makes declarations like - “I will dominate my husband a lot; I (will) have a lot of money in life, etc”. It also says, “I will have a thought of suicide if I have problems in my married life. My love marriage will not be successful.’’
Taking a cue from the note, the in-laws also said that she was dominating in nature and had predicted way back in 2001 that her marriage won’t be successful. They also said that she aspired to have her own money and independent house in 2001.
The bail application spoke of Nishi’s “painful and disturbed” childhood especially after her mother’s death and her father’s decision to re-marry. The bail application claimed that Nishi’s relationship with her stepmother was not good. She “never got love and affection from her family” and was sent to Panchgani where she finished her schooling and later to Pune where she went to college, it stated.
“Due to such traumatic experiences and imbalanced childhood, it is natural that she (Nishi) became mentally unstable and highly depressed and frustrated,” stated the application.
Sapna said she was a college-going student, and the case would ruin her life.
Mumbai: The in-laws and husband of Nishi Jethwani, who committed suicide by jumping off the 28th floor of her Mulund residence on June 27, have produced a ‘letter’ written by Nishi in her teenage years to prove that she had suicidal tendencies. They are seeking bail on that basis.
The Mulund police had earlier said that she did not leave a suicide note behind.
The letter, which reads more like a note, was allegedly written by Nishi when she was about 15. It was written on October 31, 2002, after her mother committed suicide, the bail application stated.
“The letter reflects the confused, frustrated, highly depressed state of the deceased. A mentally abnormal and imbalanced person alone can make such notes and writings,” the bail application stated. As per medical science, “suicidal tendencies can be seen in families across generations as depression is genetic”, it added. The matter will come up for hearing on June 14.
Nishi’s father had filed a complaint with the Mulund police alleging that her in-laws and husband harassed her. Based on the complaint, the Mulund police had booked husband Jitendra, father-in-law Mulchand, 53, mother-in-law Deepa, 49, and sister-in-law Sapna, 18, under section 498 A (cruelty by in-laws) and 304 B (death caused due to demand of dowry).
The note, accessed by DNA, was possibly written after consultation with an astrologer. It speaks about Nishi’s parents’ marriage date, her father’s star sign and “her sadesatti” getting over in the second week of November 2003. Sadesatti refers to bad phase in a person’s life. “All the views of life change after sadesatti gets over,” the note read.
The note makes declarations like - “I will dominate my husband a lot; I (will) have a lot of money in life, etc”. It also says, “I will have a thought of suicide if I have problems in my married life. My love marriage will not be successful.’’
Taking a cue from the note, the in-laws also said that she was dominating in nature and had predicted way back in 2001 that her marriage won’t be successful. They also said that she aspired to have her own money and independent house in 2001.
The bail application spoke of Nishi’s “painful and disturbed” childhood especially after her mother’s death and her father’s decision to re-marry. The bail application claimed that Nishi’s relationship with her stepmother was not good. She “never got love and affection from her family” and was sent to Panchgani where she finished her schooling and later to Pune where she went to college, it stated.
“Due to such traumatic experiences and imbalanced childhood, it is natural that she (Nishi) became mentally unstable and highly depressed and frustrated,” stated the application.
Sapna said she was a college-going student, and the case would ruin her life.
'Woman can get divorce even if hubby abroad'
July 13, 2010
CHENNAI: In a crucial ruling which is sure to cheer up women fighting divorce cases with husbands residing in a foreign country, the Madras HC has said the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India.
A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan pointed out that the amended Section 19 of the Hindu Marriages Act extended to outside India. "The fact that the husband is residing outside the territory does not prevent the wife from applying before the local designated court to redress her grievances," the bench said.
The judges were passing orders on a case involving film actor R Sukanya and her husband R Sridharan, who is an American citizen. The two got married in April 2002 as per Hindu rites and customs at Balaji temple in New Jersey in the US. After nearly a year she returned to India, started to act in films, and also filed a divorce petition in 2004. As her husband did not attend the proceedings, the family court granted her divorce ex parte.
On representation from her husband Sridharan, later the family court reversed its order. He also filed a petition in the HC to restrain the family court from hearing the case on the ground that the court in India had no jurisdiction to take up the matter involving American citizens.
Dismissing his claims, the judges said that when the marriage was solemnised under the Hindu law, the proceedings for divorce also has to be made under the same Act. Referring to the amended Section 19 of the Act, the judges said with effect from December 23, 2003, the wife is now entitled to file a matrimonial petition before a district court in whose territorial jurisdiction she is residing.
The judges rejected Sridharan's claims of domicile, and said, "when the marriage was solemnised under the Hindu law, the proceedings for divorce has also to be made under the said Act. He cannot take any exception to the proceedings in India under provisions of the Hindu Marriage Act merely on account of his US citizenship or domicile".
CHENNAI: In a crucial ruling which is sure to cheer up women fighting divorce cases with husbands residing in a foreign country, the Madras HC has said the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India.
A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan pointed out that the amended Section 19 of the Hindu Marriages Act extended to outside India. "The fact that the husband is residing outside the territory does not prevent the wife from applying before the local designated court to redress her grievances," the bench said.
The judges were passing orders on a case involving film actor R Sukanya and her husband R Sridharan, who is an American citizen. The two got married in April 2002 as per Hindu rites and customs at Balaji temple in New Jersey in the US. After nearly a year she returned to India, started to act in films, and also filed a divorce petition in 2004. As her husband did not attend the proceedings, the family court granted her divorce ex parte.
On representation from her husband Sridharan, later the family court reversed its order. He also filed a petition in the HC to restrain the family court from hearing the case on the ground that the court in India had no jurisdiction to take up the matter involving American citizens.
Dismissing his claims, the judges said that when the marriage was solemnised under the Hindu law, the proceedings for divorce also has to be made under the same Act. Referring to the amended Section 19 of the Act, the judges said with effect from December 23, 2003, the wife is now entitled to file a matrimonial petition before a district court in whose territorial jurisdiction she is residing.
The judges rejected Sridharan's claims of domicile, and said, "when the marriage was solemnised under the Hindu law, the proceedings for divorce has also to be made under the said Act. He cannot take any exception to the proceedings in India under provisions of the Hindu Marriage Act merely on account of his US citizenship or domicile".
Tuesday, July 13, 2010
Condoms 'too big' for Indian men
Hahaha this is one for the women, see I also think of them too!
Dec 8, 2006
A survey of more than 1,000 men in India has concluded that condoms made according to international sizes are too large for a majority of Indian men.
The study found that more than half of the men measured had penises that were shorter than international standards for condoms.
It has led to a call for condoms of mixed sizes to be made more widely available in India.
The two-year study was carried out by the Indian Council of Medical Research.
Over 1,200 volunteers from the length and breadth of the country had their penises measured precisely, down to the last millimetre.
The scientists even checked their sample was representative of India as a whole in terms of class, religion and urban and rural dwellers.
It's not size, it's what you do with it that matters
Sunil Mehra
The conclusion of all this scientific endeavour is that about 60% of Indian men have penises which are between three and five centimetres shorter than international standards used in condom manufacture.
Doctor Chander Puri, a specialist in reproductive health at the Indian Council of Medical Research, told the BBC there was an obvious need in India for custom-made condoms, as most of those currently on sale are too large.
The issue is serious because about one in every five times a condom is used in India it either falls off or tears, an extremely high failure rate.
And the country already has the highest number of HIV infections of any nation.
'Not a problem'
Mr Puri said that since Indians would be embarrassed about going to a chemist to ask for smaller condoms there should be vending machines dispensing different sizes all around the country.
"Smaller condoms are on sale in India. But there is a lack of awareness that different sizes are available. There is anxiety talking about the issue. And normally one feels shy to go to a chemist's shop and ask for a smaller size condom."
But Indian men need not be concerned about measuring up internationally according to Sunil Mehra, the former editor of the Indian version of the men's magazine Maxim.
"It's not size, it's what you do with it that matters," he said.
"From our population, the evidence is Indians are doing pretty well.
"With apologies to the poet Alexander Pope, you could say, for inches and centimetres, let fools contend."
Dec 8, 2006
A survey of more than 1,000 men in India has concluded that condoms made according to international sizes are too large for a majority of Indian men.
The study found that more than half of the men measured had penises that were shorter than international standards for condoms.
It has led to a call for condoms of mixed sizes to be made more widely available in India.
The two-year study was carried out by the Indian Council of Medical Research.
Over 1,200 volunteers from the length and breadth of the country had their penises measured precisely, down to the last millimetre.
The scientists even checked their sample was representative of India as a whole in terms of class, religion and urban and rural dwellers.
It's not size, it's what you do with it that matters
Sunil Mehra
The conclusion of all this scientific endeavour is that about 60% of Indian men have penises which are between three and five centimetres shorter than international standards used in condom manufacture.
Doctor Chander Puri, a specialist in reproductive health at the Indian Council of Medical Research, told the BBC there was an obvious need in India for custom-made condoms, as most of those currently on sale are too large.
The issue is serious because about one in every five times a condom is used in India it either falls off or tears, an extremely high failure rate.
And the country already has the highest number of HIV infections of any nation.
'Not a problem'
Mr Puri said that since Indians would be embarrassed about going to a chemist to ask for smaller condoms there should be vending machines dispensing different sizes all around the country.
"Smaller condoms are on sale in India. But there is a lack of awareness that different sizes are available. There is anxiety talking about the issue. And normally one feels shy to go to a chemist's shop and ask for a smaller size condom."
But Indian men need not be concerned about measuring up internationally according to Sunil Mehra, the former editor of the Indian version of the men's magazine Maxim.
"It's not size, it's what you do with it that matters," he said.
"From our population, the evidence is Indians are doing pretty well.
"With apologies to the poet Alexander Pope, you could say, for inches and centimetres, let fools contend."
Southampton woman admits making up rape story
July 12, 2010
A woman who claimed she was raped by a stranger who followed her into her Southampton home in broad daylight has admitted she fabricated the story.
She reported to police that a man got into her home in Wimpson Lane, Millbrook, and then threatened her and raped her on 2 February.
However, detectives who launched an investigation found her story did not add up.
The woman was given an official caution for perverting the course of justice.
After she reported the attack, which she said took place in the afternoon, extra police patrols were put in place in the area.
Det Sgt Steve Spencer, of Hampshire Police, said: "As a direct result of the thorough investigation we conducted it became clear that this reported rape had not occurred.
"The time spent investigating this incident should have been used on a genuine case.
"It is very disappointing that we had to waste our time and resources on this matter but at least the residents in the Wimpson Lane area can be reassured that the reported rapist does not exist."
A woman who claimed she was raped by a stranger who followed her into her Southampton home in broad daylight has admitted she fabricated the story.
She reported to police that a man got into her home in Wimpson Lane, Millbrook, and then threatened her and raped her on 2 February.
However, detectives who launched an investigation found her story did not add up.
The woman was given an official caution for perverting the course of justice.
After she reported the attack, which she said took place in the afternoon, extra police patrols were put in place in the area.
Det Sgt Steve Spencer, of Hampshire Police, said: "As a direct result of the thorough investigation we conducted it became clear that this reported rape had not occurred.
"The time spent investigating this incident should have been used on a genuine case.
"It is very disappointing that we had to waste our time and resources on this matter but at least the residents in the Wimpson Lane area can be reassured that the reported rapist does not exist."
Married or not, be a woman of ‘substance’
June 6, 2010
The typical family drama in the TV soap or the Bollywood flick revolves around weddings and property disputes. If it’s the first, the woman may call the shots; if it’s a court scene about a property matter, it is men who almost always take the lead. Why does much of India still regard property as very much a male domain? Why are women expected to be content with the ancient practice of streedhan, ie the dowry and gifts given to her at the time of marriage? Both questions — and answers — are closely linked, particularly when it comes to a woman’s right to family property after she is married.
Till 2005, when the Hindu Succession Act was amended to give daughters an equal share of ancestral property, Indian women were viewed as an economic liability. In practice, the amended law does not guarantee anything to a woman. Her claim to property may depend on her status — married, unmarried, deserted, wife, widow, mother. With the divorce rate rising and many urban women deciding not to marry at all, surely it makes little sense to deny a share of the family property to half the country’s population?
It has often been suggested that women should be made joint-owners of property alongside their husbands. But as noted feminist Madhu Kishwar wrote when Maharashtra unveiled new policy for women a few years ago, “The idea of joint matrimonial property would make sense only if women brought their share of inheritance from their parental home at the time of marriage, merging their own property into that of their husbands’. The couple could then become co-owners of their genuinely ‘joint’ property”. India’s Muslim and Christian women are equally badly off when it comes to property rights.
The truth is that Indian society is so conservative that it is not easy to implement property laws for women. This is admitted by Justice Sujata V Manohar of the Supreme Court no less when she said: “It is not easy to eradicate deep-seated cultural values or to alter traditions that perpetuate discrimination.” It is this attitude that has kept the evil of dowry alive. As Kishwar argues “that dowry exists only among those communities where families are not willing to treat daughters as co-inheritors with sons”.
The 2005 Amendment was undoubtedly significant. The point is that when the 21st century Indian woman marries, she must be conscious of her rights to all that is hers. She must reject the notion that after the wedding, she belongs to the husband's family. If the marriage breaks down, she can now return to her parents’ home by right, not on the sufferance of relatives.
The typical family drama in the TV soap or the Bollywood flick revolves around weddings and property disputes. If it’s the first, the woman may call the shots; if it’s a court scene about a property matter, it is men who almost always take the lead. Why does much of India still regard property as very much a male domain? Why are women expected to be content with the ancient practice of streedhan, ie the dowry and gifts given to her at the time of marriage? Both questions — and answers — are closely linked, particularly when it comes to a woman’s right to family property after she is married.
Till 2005, when the Hindu Succession Act was amended to give daughters an equal share of ancestral property, Indian women were viewed as an economic liability. In practice, the amended law does not guarantee anything to a woman. Her claim to property may depend on her status — married, unmarried, deserted, wife, widow, mother. With the divorce rate rising and many urban women deciding not to marry at all, surely it makes little sense to deny a share of the family property to half the country’s population?
It has often been suggested that women should be made joint-owners of property alongside their husbands. But as noted feminist Madhu Kishwar wrote when Maharashtra unveiled new policy for women a few years ago, “The idea of joint matrimonial property would make sense only if women brought their share of inheritance from their parental home at the time of marriage, merging their own property into that of their husbands’. The couple could then become co-owners of their genuinely ‘joint’ property”. India’s Muslim and Christian women are equally badly off when it comes to property rights.
The truth is that Indian society is so conservative that it is not easy to implement property laws for women. This is admitted by Justice Sujata V Manohar of the Supreme Court no less when she said: “It is not easy to eradicate deep-seated cultural values or to alter traditions that perpetuate discrimination.” It is this attitude that has kept the evil of dowry alive. As Kishwar argues “that dowry exists only among those communities where families are not willing to treat daughters as co-inheritors with sons”.
The 2005 Amendment was undoubtedly significant. The point is that when the 21st century Indian woman marries, she must be conscious of her rights to all that is hers. She must reject the notion that after the wedding, she belongs to the husband's family. If the marriage breaks down, she can now return to her parents’ home by right, not on the sufferance of relatives.
Laws for women mere paper tigers
Jan, 31, 2010
One of the great challenges for those concerned with strengthening women's rights in India is the alarming gap between legal prescriptions on women's issues and actual practices prevalent in society. Many people expect that as women become aware of their rights, they will inevitably move in the direction of following "modern laws" enacted for their benefit. However, there is growing evidence that even among the avante-garde elite groups of our country, social behaviour runs contrary to social legislation.
For example, ever since dowry was outlawed in 1961 through the Dowry Prohibition Act of 1961, the practice has flourished in an unprecedented manner. Wedding expenditures have become more and more lavish. Several new amendments were made to the Act and the Indian Penal Code during the 1980's making dowry giving and taking a cognizable offence. And yet, the practice has spread to regions, castes and communities which did not have any such tradition. The biggest dowry transactions take place among the families of educated elites, especially those in high power positions in the government. High status families consider it an insult to send their daughters off to their husband's home "empty handed."
It is the same story with the law banning the use of sex determination tests (SDTs). In Delhi, SDTs invites jail terms for up to 5 years and a fine up to Rs. 100,000. And yet, the use of sex selective abortions has grown even as the law has been made increasingly stringent. This is obvious from the continuing sharp decline in sex ratio and drop in the birth rate of female babies, especially among the well-off. Doctors in the know tell you that the most persistent and desperate demand for these tests comes from senior government officers.
It is legitimate to ask: Why are these laws not followed by the parliamentarians who make them or by the police officers and judges who are supposed to implement them? I am certain that not one among the militant feminists who have campaigned to get such laws enacted can claim with honesty that in their own family circles they have successfully "abolished" the practice of dowry and in their own community families are not taking recourse to sex selective abortions.
A common response is to attribute the growing gap between social legislation and social practices to hypocrisy and double standards. When a law fails, the tendency is to blame its failure on the laxity of implementation machinery.
That is how all the failed laws are bolstered with more and more draconian provisions, while the original problem remains unsolved. Today, we are witnessing a severe backlash against feminist legislation because most of the draconian laws we have enacted lend themselves to easy misuse while genuine victims rarely manage to get justice through them. This is not to say, I support the present system of dowry, sex selective abortions or other injustices faced by women but simply to underscore the need for a more self critical and socially sensitive approach to legal reform and the need to create appropriate instruments of the state machinery that can implement social legislation with dignity and honesty.
One of the great challenges for those concerned with strengthening women's rights in India is the alarming gap between legal prescriptions on women's issues and actual practices prevalent in society. Many people expect that as women become aware of their rights, they will inevitably move in the direction of following "modern laws" enacted for their benefit. However, there is growing evidence that even among the avante-garde elite groups of our country, social behaviour runs contrary to social legislation.
For example, ever since dowry was outlawed in 1961 through the Dowry Prohibition Act of 1961, the practice has flourished in an unprecedented manner. Wedding expenditures have become more and more lavish. Several new amendments were made to the Act and the Indian Penal Code during the 1980's making dowry giving and taking a cognizable offence. And yet, the practice has spread to regions, castes and communities which did not have any such tradition. The biggest dowry transactions take place among the families of educated elites, especially those in high power positions in the government. High status families consider it an insult to send their daughters off to their husband's home "empty handed."
It is the same story with the law banning the use of sex determination tests (SDTs). In Delhi, SDTs invites jail terms for up to 5 years and a fine up to Rs. 100,000. And yet, the use of sex selective abortions has grown even as the law has been made increasingly stringent. This is obvious from the continuing sharp decline in sex ratio and drop in the birth rate of female babies, especially among the well-off. Doctors in the know tell you that the most persistent and desperate demand for these tests comes from senior government officers.
It is legitimate to ask: Why are these laws not followed by the parliamentarians who make them or by the police officers and judges who are supposed to implement them? I am certain that not one among the militant feminists who have campaigned to get such laws enacted can claim with honesty that in their own family circles they have successfully "abolished" the practice of dowry and in their own community families are not taking recourse to sex selective abortions.
A common response is to attribute the growing gap between social legislation and social practices to hypocrisy and double standards. When a law fails, the tendency is to blame its failure on the laxity of implementation machinery.
That is how all the failed laws are bolstered with more and more draconian provisions, while the original problem remains unsolved. Today, we are witnessing a severe backlash against feminist legislation because most of the draconian laws we have enacted lend themselves to easy misuse while genuine victims rarely manage to get justice through them. This is not to say, I support the present system of dowry, sex selective abortions or other injustices faced by women but simply to underscore the need for a more self critical and socially sensitive approach to legal reform and the need to create appropriate instruments of the state machinery that can implement social legislation with dignity and honesty.
Larry King, wife withdraw divorce filings in LA
July 8, 2010
Larry King's television reign may be ending, but his eighth marriage will go on. Court records in Los Angeles showed King and his wife each filed Wednesday to end competing divorce petitions and that the cases have been dismissed.
The move comes nearly three months after the host of CNN's "Larry King Live" filed to end his nearly 13-year marriage to his seventh wife, Shawn.
She also sought to end the marriage, but the couple soon reconciled.
King announced his retirement last month. He cited the desire to spend more time with his wife and two young sons as one of the benefits of ending his show after 25 years.
He will step down from the show this year, and CNN executives are searching for a replacement.
He has said he will continue to produce specials for the network.
In a statement released Thursday, King said, "A lot of new things are happening to us, and we are happy to be together as a family with our children."
Shawn King was treated for an apparent overdose of prescription drugs in Utah in May. Larry King's spokesman said at the time that the couple would be staying together.
They were married in 1997, three days before Larry King underwent surgery to clear a clogged blood vessel.
King married one of his former wives twice.
Larry King's television reign may be ending, but his eighth marriage will go on. Court records in Los Angeles showed King and his wife each filed Wednesday to end competing divorce petitions and that the cases have been dismissed.
The move comes nearly three months after the host of CNN's "Larry King Live" filed to end his nearly 13-year marriage to his seventh wife, Shawn.
She also sought to end the marriage, but the couple soon reconciled.
King announced his retirement last month. He cited the desire to spend more time with his wife and two young sons as one of the benefits of ending his show after 25 years.
He will step down from the show this year, and CNN executives are searching for a replacement.
He has said he will continue to produce specials for the network.
In a statement released Thursday, King said, "A lot of new things are happening to us, and we are happy to be together as a family with our children."
Shawn King was treated for an apparent overdose of prescription drugs in Utah in May. Larry King's spokesman said at the time that the couple would be staying together.
They were married in 1997, three days before Larry King underwent surgery to clear a clogged blood vessel.
King married one of his former wives twice.
Mom comes to Karisma and Sanjay's rescue
Here I always thought Karisma's mom was a real coodhi! Babita Kapoor made sure Karishma never married Abishake Bachan, since she thought he was a second rate actor next her daughter, haha guess the Bachans got the last laugh marrying Ashwaria Rai?
July 5, 2010
After dealing with quite a few problems in her marriage initially, there was trouble in Karisma Kapur's paradise yet again. Karisma and her husband Sanjay found themselves dealing with major issues in their marriage initially. They eventually sorted out their issues and gave their marriage another try. Karisma moved out of Delhi and back home to Mumbai where she gave birth to her baby girl, Samaira. This year, Karisma became mommy yet again to a baby boy, Kiaan Raj Kapur.
After her pregnancy, Karisma’s mother, veteran actress Babita moved into her daughter’s house to help with the children as Karisma recovered from her pregnancy.
It was during this time that Babita realised that Karisma and her husband spend far too much time away from each other. She suggested Karisma to sort out any pending issues with Sanjay immediately.
It was then that all problems were resolved. Now, Sanjay is seen at home a lot more and is planning a family vacation.
July 5, 2010
After dealing with quite a few problems in her marriage initially, there was trouble in Karisma Kapur's paradise yet again. Karisma and her husband Sanjay found themselves dealing with major issues in their marriage initially. They eventually sorted out their issues and gave their marriage another try. Karisma moved out of Delhi and back home to Mumbai where she gave birth to her baby girl, Samaira. This year, Karisma became mommy yet again to a baby boy, Kiaan Raj Kapur.
After her pregnancy, Karisma’s mother, veteran actress Babita moved into her daughter’s house to help with the children as Karisma recovered from her pregnancy.
It was during this time that Babita realised that Karisma and her husband spend far too much time away from each other. She suggested Karisma to sort out any pending issues with Sanjay immediately.
It was then that all problems were resolved. Now, Sanjay is seen at home a lot more and is planning a family vacation.
Monday, July 12, 2010
Equal rights for mothers over child
This tells you how Backwards the Indian Government has kept all Indians, look how out dated laws are in India. The corrupted Indian bureaucracy and wheels of justice are so out dated its sick. In any other country Male and Female can inherite property, this is one of the main reasons why Dowry came into place to start off with. India is an ancient civilization and as such has many old outdated traditions that surely should be brought up to date with out enacting Draconian backward Corrupted Laws like 498a, to change thing and play into the hands of the Radical Feminazi gang. Unfortunatly the corrupted Indian government plays into the Feminazi's hands for vote bank politics at the public expence.
It is amazing when Men ask for Draconian Laws, like IPC 498a to be Gender Neutral, no on even blinks an eye lid, yet when it comes to any Female issue as in the case of the proposed New inheritance law the govenment wants to make them Gender neutral, Fantastic I say, but why the Bias? It is because of the powerful Feminazi Lobby. It is time for all Men to Rise up and Fight for their rights also and show the government we will not put up with their Bull and vote out any politician who is a Eunuch, or has no Balls so to speak.
All Politicians should remember Renuka Chowdhary and how she was shown the Door to say it politely? Every voter has the power to enact Change if change doesnt happen the way we want it.
July 12, 2010
For the first time, women will be given the same rights as men to guardianship and adoption of children, even if they are single. A new law to make this effective appears set to become a reality this year. According to the existing law, in case a couple wants to adopt a child, the father is the natural guardian. The proposed amendment to the 120
-old Guardians and Wards Act, 1890, includes the mother along with the father to be appointed as a guardian, making the process gender neutral.
The parliamentary standing committee on law and justice, which is examining the bill to amend the existing laws, is unanimous in its acceptance of the Personal Laws (Amendment) Bill, 2010, introduced in the Rajya Sabha in April.
"The bill provides for the mother to be appointed as a guardian along with the father so that the courts don't appoint anyone else, in case the father ceases to exist," said Law Minister M Veerappa Moily.
Noted constitutional expert Rajeev Dhavan said once this law comes into existence, mothers would have equal rights as that of the father.
"She would be responsible even as a trustee of the property, in case the minor child inherits his or her share of the property," he said.
The second amendment, proposed in the Hindu Adoption Maintenance Act, 1956, aims to remove hurdles in the way of a married woman to adopt and give a child for adoption, based only on her marital status.
Presently, unmarried and divorced women, as also widows are allowed to adopt, but women separated from their husbands and engaged in divorce battles, cannot adopt a child.
The new amendment would allow married single women to adopt with the consent of her husband till the divorce proceedings are completed.
It is amazing when Men ask for Draconian Laws, like IPC 498a to be Gender Neutral, no on even blinks an eye lid, yet when it comes to any Female issue as in the case of the proposed New inheritance law the govenment wants to make them Gender neutral, Fantastic I say, but why the Bias? It is because of the powerful Feminazi Lobby. It is time for all Men to Rise up and Fight for their rights also and show the government we will not put up with their Bull and vote out any politician who is a Eunuch, or has no Balls so to speak.
All Politicians should remember Renuka Chowdhary and how she was shown the Door to say it politely? Every voter has the power to enact Change if change doesnt happen the way we want it.
July 12, 2010
For the first time, women will be given the same rights as men to guardianship and adoption of children, even if they are single. A new law to make this effective appears set to become a reality this year. According to the existing law, in case a couple wants to adopt a child, the father is the natural guardian. The proposed amendment to the 120
-old Guardians and Wards Act, 1890, includes the mother along with the father to be appointed as a guardian, making the process gender neutral.
The parliamentary standing committee on law and justice, which is examining the bill to amend the existing laws, is unanimous in its acceptance of the Personal Laws (Amendment) Bill, 2010, introduced in the Rajya Sabha in April.
"The bill provides for the mother to be appointed as a guardian along with the father so that the courts don't appoint anyone else, in case the father ceases to exist," said Law Minister M Veerappa Moily.
Noted constitutional expert Rajeev Dhavan said once this law comes into existence, mothers would have equal rights as that of the father.
"She would be responsible even as a trustee of the property, in case the minor child inherits his or her share of the property," he said.
The second amendment, proposed in the Hindu Adoption Maintenance Act, 1956, aims to remove hurdles in the way of a married woman to adopt and give a child for adoption, based only on her marital status.
Presently, unmarried and divorced women, as also widows are allowed to adopt, but women separated from their husbands and engaged in divorce battles, cannot adopt a child.
The new amendment would allow married single women to adopt with the consent of her husband till the divorce proceedings are completed.
Burning burqas and bras? Nah. Enter the Islamic feminist
Just imagine Hindu Feminists have the Anti Dowry laws to right the wrongs of our forefathers for giving and taking of Dowry from a womens family, for that today innocent Husbands and their families end up in jail or worst. So with that in mind what should Islamic Feminsts want, the public execution of all Islamic Men for atrocities from the likes of the Taliban etc?
This is call and Eye for an Eye which makes the whole world blind. These so called feminsts are blind vengful demons in disguise.
July 10, 2010
They're not burning bras, or burqas. But a bunch of non-conformist Muslim women activists are making an attempt to free the sorority from the clutches of a patriarchial clergy.
Last week, Lucknow-based feminist Shaista Ambar was on television again. This time she was siding with the three daughters-in-law - Nishat, Hina and Arshi - who had beaten up some maulvis at Sultanul Madaris, the city's famous Shia madrassa which also houses a Sharia court. The maulvis had given talaqnamas (divorce documents) to the women's husbands without consulting them when they tried to get justice against the advances of their father-in-law.
Incensed, Ambar batted for the brave women whom the clergy predictably attacked for taking the law into their hands. "The maulvis should have spoken to the women before they wrote the talaqnama. The patriarchal, misogynist clergy will have to mend its ways or women know how to avenge injustice," Ambar told TOI-Crest in between giving interviews to news channels.
Ambar belongs to a small but increasingly influential group of Islamic feminists in India. They may not be as powerful as the senior maulvis who head leading Islamic seminaries or run Muslim Personal Law Boards and Sharia courts, both Shia and Sunni. But this band of non-conformist women is silently and successfully ushering in change.
They may not equal the audacity of the bra-burning feminists of several decades ago, but they've hit hard at the patriarchal and misogynist elements in Muslim society. And their guiding sources are the Quran and Hadith (the Prophet's traditions). Ambar, who founded the Muslim Women's Personal Law Board in 2005, saved the marriages of hundreds of Muslim couples in Muradabad (UP) village a couple of years ago.
A maulvi belonging to the Deobandi sect had led the namaz-e-janaza (funeral prayer) of a man from the Barelvi sect. Calling it a sin, another maulvi of the sect issued a fatwa that all those who had attended the funeral prayer under the imamat (leadership) of the Deobandi imam needed to remarry, as their wives had become haram (illegal) for them. "This diktat threatened not just to throw the marital lives of several dozen Muslims into disarray, but also inflame a sectarian strife in western UP," says Ambar, who quelled the crisis by opposing the fatwa. She cited the example of holy mosques in Mecca and Medina where lakhs worship behind Deobandi imams. Ambar was also among those who opposed the recent Darul Uloom fatwa that called women's earnings illegal. India's Islamic feminists are bucking trends courageously and cannily.
In August 2008, Planning Commission member Sayeda Hameed created history by becoming the first woman qazi when she solemnised a nikah ceremony in Lucknow - that of activist Naesh Hasan and PhD scholar Imran Naeem. "Naesh told me that she would remain unmarried if I didn't act as the qazi. I had to give in to her demands," recalls Hameed, who drew flak from a section of clerics who said there was no precedent of a woman acting as a qazi. "I asked them to show me a verse in the Quran or a Hadith which prevented a woman from becoming a qazi. If it was not forbidden by Allah and His Prophet, who were the maulvis to oppose it?" she asks. After they couldn't come out with a convincing reason, some maulvis spread the lie that Hameed had not covered her head while she chanted Quranic verses during the nikah. This was a lie, claims Hameed, fabricated to malign her.
The Islamic feminist movement is not confined to occasional acts of rebellion by contrarian "progressives" . There are some feminists who are respected by even senior clerics and regularly invited to their meetings. Mumbaibased Uzma Naheed is one such. Coming from the family of the clerics that founded the famous Darul Uloom Deoband (UP) in the mid-18th century, Naheed is a member of the All-India Muslim Personal Law Board (AIIMPLB) and heads Iqra International Women Alliance (IIWA), an NGO committed to empowering Muslim women. A few yeas ago, she drafted a model nikahnama which had, among other provisions, a right to talaq-e-tafweez (delegated talaq) which allowed women a right to put certain conditions in the nikahnma. If the husband failed to meet those conditions - like not taking another wife till the first wife was alive - the woman could divorce him. Many members privately appreciated Naheed's revolutionary nikahnama, but are yet to implement it.
Unlike most Muslim women who are expected to remain veiled when they meet strangers, Naheed doesn't use a face veil, though she covers her head with a scarf.
"Initially, some ulema were uncomfortable with my being unveiled. Now they have accepted me," she says.
Another feminist is Zeenat Shaukat Ali, who teaches Islamic Studies at Mumbai's St Xavier's College and has made "freeing Muslim women from the clutches of the clergy" her life's mission. Thirteen years ago, Ali created a stir among educated Muslims with her critically acclaimed book Marriage and Divorce in Islam (1997). "The book's main argument is that since Allah made male and female as complementary to each other, there is no reason to treat women as inferior to men," says Ali, who adds that her feminism is not about male-bashing , but about sharing space with them.
The academic has organised several multi-faith programmes, including a cricket match featuring maulvis, Hindu pandits, Christian, Zoroastrian and Sikh priests as players. Her Art for Peace project had similar multireligious participation where the participants were asked to paint on a theme of peace. "Many of the maulvis had never picked up a brush before," she recalls.
Fiery woman activist Daud Sharifa's aim is to build a mosque exclusively for women. Since mosques are binding forces for practising Muslims, there has been a movement to allow women to worship there, and a few mosques in India, like the Tajul Madaris in Bhopal, do allow women worshippers, though segregated by a wall or a curtain. But an exclusive mosque for women was unheard of in India till Sharifa took up the issue a few years ago.
Having seen the discrimination against Muslim women at the hands of the local jamaat in Tamil Nadu, Sharifa launched a movement for women's empowerment not financially but spiritually too. She is building India's first mosque exclusively for women in Pudukkottai, around 300 km from Chennai. "It will serve not just as a place of worship but even as a cultural centre where women can air their views and discuss their problems," explains Sharifa whom the local maulvis vehemently opposed, but failed to stop.
This bunch of Islamic feminists is fighting for a better future for sisters in distress. Ask the three women in Lucknow who, after bashing up the corrupt maulvis, found Shaista Ambar as a shield against the threats, both verbal and physical.
Spreading wings: Islamic feminism is a decade and a half old. In the 1990s Iranian, Egyptian, Turkish, Moroccan, South African, American, feminists and religious scholars, among others, found they were all simultaneously working on reinterpretations of women's rights under Islam. It is now well on its way to becoming a robust international movement with more and more women pushing for a progressive Islamic discourse to promote gender equality.
This is call and Eye for an Eye which makes the whole world blind. These so called feminsts are blind vengful demons in disguise.
July 10, 2010
They're not burning bras, or burqas. But a bunch of non-conformist Muslim women activists are making an attempt to free the sorority from the clutches of a patriarchial clergy.
Last week, Lucknow-based feminist Shaista Ambar was on television again. This time she was siding with the three daughters-in-law - Nishat, Hina and Arshi - who had beaten up some maulvis at Sultanul Madaris, the city's famous Shia madrassa which also houses a Sharia court. The maulvis had given talaqnamas (divorce documents) to the women's husbands without consulting them when they tried to get justice against the advances of their father-in-law.
Incensed, Ambar batted for the brave women whom the clergy predictably attacked for taking the law into their hands. "The maulvis should have spoken to the women before they wrote the talaqnama. The patriarchal, misogynist clergy will have to mend its ways or women know how to avenge injustice," Ambar told TOI-Crest in between giving interviews to news channels.
Ambar belongs to a small but increasingly influential group of Islamic feminists in India. They may not be as powerful as the senior maulvis who head leading Islamic seminaries or run Muslim Personal Law Boards and Sharia courts, both Shia and Sunni. But this band of non-conformist women is silently and successfully ushering in change.
They may not equal the audacity of the bra-burning feminists of several decades ago, but they've hit hard at the patriarchal and misogynist elements in Muslim society. And their guiding sources are the Quran and Hadith (the Prophet's traditions). Ambar, who founded the Muslim Women's Personal Law Board in 2005, saved the marriages of hundreds of Muslim couples in Muradabad (UP) village a couple of years ago.
A maulvi belonging to the Deobandi sect had led the namaz-e-janaza (funeral prayer) of a man from the Barelvi sect. Calling it a sin, another maulvi of the sect issued a fatwa that all those who had attended the funeral prayer under the imamat (leadership) of the Deobandi imam needed to remarry, as their wives had become haram (illegal) for them. "This diktat threatened not just to throw the marital lives of several dozen Muslims into disarray, but also inflame a sectarian strife in western UP," says Ambar, who quelled the crisis by opposing the fatwa. She cited the example of holy mosques in Mecca and Medina where lakhs worship behind Deobandi imams. Ambar was also among those who opposed the recent Darul Uloom fatwa that called women's earnings illegal. India's Islamic feminists are bucking trends courageously and cannily.
In August 2008, Planning Commission member Sayeda Hameed created history by becoming the first woman qazi when she solemnised a nikah ceremony in Lucknow - that of activist Naesh Hasan and PhD scholar Imran Naeem. "Naesh told me that she would remain unmarried if I didn't act as the qazi. I had to give in to her demands," recalls Hameed, who drew flak from a section of clerics who said there was no precedent of a woman acting as a qazi. "I asked them to show me a verse in the Quran or a Hadith which prevented a woman from becoming a qazi. If it was not forbidden by Allah and His Prophet, who were the maulvis to oppose it?" she asks. After they couldn't come out with a convincing reason, some maulvis spread the lie that Hameed had not covered her head while she chanted Quranic verses during the nikah. This was a lie, claims Hameed, fabricated to malign her.
The Islamic feminist movement is not confined to occasional acts of rebellion by contrarian "progressives" . There are some feminists who are respected by even senior clerics and regularly invited to their meetings. Mumbaibased Uzma Naheed is one such. Coming from the family of the clerics that founded the famous Darul Uloom Deoband (UP) in the mid-18th century, Naheed is a member of the All-India Muslim Personal Law Board (AIIMPLB) and heads Iqra International Women Alliance (IIWA), an NGO committed to empowering Muslim women. A few yeas ago, she drafted a model nikahnama which had, among other provisions, a right to talaq-e-tafweez (delegated talaq) which allowed women a right to put certain conditions in the nikahnma. If the husband failed to meet those conditions - like not taking another wife till the first wife was alive - the woman could divorce him. Many members privately appreciated Naheed's revolutionary nikahnama, but are yet to implement it.
Unlike most Muslim women who are expected to remain veiled when they meet strangers, Naheed doesn't use a face veil, though she covers her head with a scarf.
"Initially, some ulema were uncomfortable with my being unveiled. Now they have accepted me," she says.
Another feminist is Zeenat Shaukat Ali, who teaches Islamic Studies at Mumbai's St Xavier's College and has made "freeing Muslim women from the clutches of the clergy" her life's mission. Thirteen years ago, Ali created a stir among educated Muslims with her critically acclaimed book Marriage and Divorce in Islam (1997). "The book's main argument is that since Allah made male and female as complementary to each other, there is no reason to treat women as inferior to men," says Ali, who adds that her feminism is not about male-bashing , but about sharing space with them.
The academic has organised several multi-faith programmes, including a cricket match featuring maulvis, Hindu pandits, Christian, Zoroastrian and Sikh priests as players. Her Art for Peace project had similar multireligious participation where the participants were asked to paint on a theme of peace. "Many of the maulvis had never picked up a brush before," she recalls.
Fiery woman activist Daud Sharifa's aim is to build a mosque exclusively for women. Since mosques are binding forces for practising Muslims, there has been a movement to allow women to worship there, and a few mosques in India, like the Tajul Madaris in Bhopal, do allow women worshippers, though segregated by a wall or a curtain. But an exclusive mosque for women was unheard of in India till Sharifa took up the issue a few years ago.
Having seen the discrimination against Muslim women at the hands of the local jamaat in Tamil Nadu, Sharifa launched a movement for women's empowerment not financially but spiritually too. She is building India's first mosque exclusively for women in Pudukkottai, around 300 km from Chennai. "It will serve not just as a place of worship but even as a cultural centre where women can air their views and discuss their problems," explains Sharifa whom the local maulvis vehemently opposed, but failed to stop.
This bunch of Islamic feminists is fighting for a better future for sisters in distress. Ask the three women in Lucknow who, after bashing up the corrupt maulvis, found Shaista Ambar as a shield against the threats, both verbal and physical.
Spreading wings: Islamic feminism is a decade and a half old. In the 1990s Iranian, Egyptian, Turkish, Moroccan, South African, American, feminists and religious scholars, among others, found they were all simultaneously working on reinterpretations of women's rights under Islam. It is now well on its way to becoming a robust international movement with more and more women pushing for a progressive Islamic discourse to promote gender equality.
CJI: Lack of settlement culture behind backlog
July 11, 2010
NEW DELHI: If the judiciary is to be rescued from the "mess" of heavy pendency of cases, then the high courts and the Supreme Court have to take the lead in encouraging mediation and conciliation for settlement of litigation, the country's seniormost judges said on Saturday.
It was an impassioned appeal from Chief Justice of India S H Kapadia and two seniormost judges of the Supreme Court to a gathering of judges and Chief Justices of High Courts to encourage litigants to resort to mediation, arbitration and conciliation for settlement of disputes rather than litigate endlessly without any guarantee of a fair result.
Justice Kapadia said India did not have a settlement culture and lawyers would not encourage settlement of disputes as many did not have work. "When litigation is the only source of livelihood, will such a lawyer ever encourage settlement? So, it is for the judges to make litigants understand the value of mediation and settlement," he said.
But for a litigant to choose mediation, he must have faith in the mediators, who should be trained and could provide solutions apart from driving home the point the cost-effectiveness of the process outside the court, the CJI said.
But, it was Justice Raveendran who nailed the issue on its head. He said there was a sense of anxiety and frustration building up among the litigants because of the inherent lacunae in the present justice delivery system -- delay, uncertainty, inflexibility, cost, difficulty in enforcing decrees and the unfriendly atmosphere in the courts.
"But, who will make mediation successful? The government is not going to do it. The lawyers will not encourage it. The litigant is not in a position to understand the benefits of mediation and conciliation. So, it is for the judges to take the lead in making litigants understand the value of mediation," he said.
As Justice Raveendran gave convincing arguments for mediation during the inaugural session of National Conference on Mediation, Justice Altamas Kabir watched him with disbelief. "Justice Raveendran himself was an unbeliever in this alternative dispute redressal mechanism but now he has become a promoter of it. And this says a lot about the inherent benefit in the ADR system," he said.
Gauhati High Court Chief Justice Madan Lokur, as member of the Mediation and Conciliation Project Committee of the Supreme Court, offered to every high court the help needed to set up infrastructure for mediation centres and training of mediators.
NEW DELHI: If the judiciary is to be rescued from the "mess" of heavy pendency of cases, then the high courts and the Supreme Court have to take the lead in encouraging mediation and conciliation for settlement of litigation, the country's seniormost judges said on Saturday.
It was an impassioned appeal from Chief Justice of India S H Kapadia and two seniormost judges of the Supreme Court to a gathering of judges and Chief Justices of High Courts to encourage litigants to resort to mediation, arbitration and conciliation for settlement of disputes rather than litigate endlessly without any guarantee of a fair result.
Justice Kapadia said India did not have a settlement culture and lawyers would not encourage settlement of disputes as many did not have work. "When litigation is the only source of livelihood, will such a lawyer ever encourage settlement? So, it is for the judges to make litigants understand the value of mediation and settlement," he said.
But for a litigant to choose mediation, he must have faith in the mediators, who should be trained and could provide solutions apart from driving home the point the cost-effectiveness of the process outside the court, the CJI said.
But, it was Justice Raveendran who nailed the issue on its head. He said there was a sense of anxiety and frustration building up among the litigants because of the inherent lacunae in the present justice delivery system -- delay, uncertainty, inflexibility, cost, difficulty in enforcing decrees and the unfriendly atmosphere in the courts.
"But, who will make mediation successful? The government is not going to do it. The lawyers will not encourage it. The litigant is not in a position to understand the benefits of mediation and conciliation. So, it is for the judges to take the lead in making litigants understand the value of mediation," he said.
As Justice Raveendran gave convincing arguments for mediation during the inaugural session of National Conference on Mediation, Justice Altamas Kabir watched him with disbelief. "Justice Raveendran himself was an unbeliever in this alternative dispute redressal mechanism but now he has become a promoter of it. And this says a lot about the inherent benefit in the ADR system," he said.
Gauhati High Court Chief Justice Madan Lokur, as member of the Mediation and Conciliation Project Committee of the Supreme Court, offered to every high court the help needed to set up infrastructure for mediation centres and training of mediators.
Observation of CJI that Lack of settlement culture behind backlog, is upto some extent correct.
This is true that lack of settlement culture is one reason behind backlog, but not the only reason. Our Justice delivery system is several other bottlenecks. For instance:
(a) Judges are not accountable for not applying judicial minds in their order rather in almost majority cases they are passing just the mechanical orders. Remedy: A mechanism should be developed to give them rating for their orders based on application of Judicial Mind or on mechanical orders. This will improve Justice delivery system and also reduce the backlog of the Appeals.
(b) Permission to file suit or litigations to blackmail the other side parties, since law permits to file suit or litigations to blackmail the other side parties. Remedy: In the Civil litigation, the looser of the case for the reason of the fact should bear the entire cost of both side parties. In the criminal case, when it proved that case was based on created stories, the Complainant should be liable for the same punishment, which is fixed for the crimes being subject matter of the complaint.
(c) Advocate’s tendency to linger the proceedings. Considering such reasons, during 1983, after studying about 250 cases, I have prepared a Model Draft of New Civil Procedure Code, dividing a the Civil Litigation in to Judicial/Non-Judicial works, as follows:-
DRAFT FOR MODEL OF CIVIL PROCEDURE CODE
In view of the considerations, that Justice means Justice in time, the Petitioner had prepared a model of Civil Procedure Code to suggest the replacement against the existing Civil Procedure Code. All concerned may agree with that “Justice delayed Justice denied” in real sense due to long-long-time-taking procedures adopted under the said code for Civil litigations. Such serious situation is responsible for increase of crimes related to such civil litigations.
In the year of 1983-84, the I made an in-depth study of Civil Procedure Code and its 51 Orders, 703 Rules, and thousands Sub-Rules, besides 151 Sections and several hundred sub-sections and found that the object behind these provisions were to ensure free and fair justice. Butter mixed with honey will be poisonous. Likewise, good Civil Procedure Coder prepared in the line of law in United Kingdom , in India , became instrumental to misuse the Administration of Justice to harass and blackmail the opponents. Some people files litigations thinking that they can obstruct the object of opponent for several years. A democracy cannot survive for a long time unless Justice is protected and ensured. Having this concept in mind, the petitioner had written about the said Model of Civil Procedure Code to the then Law and Justice Minister Shri Ashok Sen by letter dated 15th March, 1985 by Regd. Post. In view of Reforms, Globalisation and open Market Economy, the said Model Code has now became more important and the petitioner have understood that their Lordships are eager to evolve a Judicial system under Free, Fair and Fast adjudication of the litigations can be possible. The main reasons for delay in litigations are unwarranted adjournments of trials on various grounds, interlocutory proceedings, which is removed in his model, from the business of trial courts and Advocates have given much more responsibilities, in depth involvement in Administration of Justice and made accountable to their clients. which I also forwarded to the then Hon'ble Chief Justice of India Mr. A. M. Ahmadi, through Registered Post vide Letter dated 3rd March 1995 and then referred in Writ Petition (Civil) No. 151 of 1996 filed and moved before the Hon'ble Supreme Court. However, after verbal observation/advice made by Justice Ahmadi, I also forwarded my aforesaid Suggestions to the Law Commission of India by letter dated 6th June 1996 posted through Registered Post”.
Model Code was prepared to ensure the Free, Fair and Fast Justice within time bound program described as under:- Service of summons 40 Days
Collection of documents by the
Advocates of defendants 60 Days
Filling of the Defence 60 Days
Interrogations and answers from both
side parties 60 Days
Recording of evidence 90 Days
Finding of Facts 90 Days
Judgments 60 Days
Maximum adjournments permissible 60 Days
520 Days
Execution of Judgments (If Appeal not filed) 180 days
Total 700 Days
Under this model code, adjudication of litigation, is divided in to four parts. Up to the interrogatories and answers, the record of the suit will kept with the court of the Registrar at a Sub-division level, who will also maintain Registers for the following business:-
a) Registration of all litigations in one Register irrespective of any Police Stations under the Sub-division.
b) Publication of a List of the Penal of Advocates; (the entire list of Members of a Bar Association of a Sub-Division will constitute such list on seniority basis.
c) Filing of the evidences recorded by the Penal Advocates of the litigation who will be appointed on rotation basis.
d) Allotment of litigations for the courts of Munsif on rotation basis to record findings of facts.
e) After return of the file of litigation from the concerned court of Munsif, allotment of litigation to a court of Asst. Dist. Judge to pronounce its Judgment.
Now the Petitioner would like to present a brief note on the orders of Model suggested Code which will ensure the Justice within prescribed period irrespective of all consideration.
MODEL OF ALTERNATIVE CIVIL PROCEDURE CODE
ORDER-I: Parties to the Suit (against the existing Order I and part of Order XXII) :
All interested parties have right to file, participate or defend any suit subject to bear full actual cost including damage due to suit, if failed to establish his / their claim or defence.
ORDER- II: Suits (against existing orders II, IV, VII, XI, XIV):
a plaintiff shall file the plaint in prescribed form along with duplicate copies of all documents in his possession and on which he relies to file the suit; list of documents which would not be in his possession but at the same time, he relies his claim giving the name and address of possessors of such documents, if plaintiff knows; suggested issues; list of witness all pleadings with full facts and full court fees before the Registrar of Trial Courts at a sub-division (There will be no provisions for amendment of plaint or pleadings)
ORDER-III: Recognised agents and pleaders (against existing Order III) :
The Advocate of the plaintiff would be accountable to serve the summons and Advocate of the Defendants would be accountable to receive the (copy of the) plaint and other documents from the Court of Registrar. Such Advocates would work in real sense as court officers as well as agents of their clients.
ORDER-IV: Summons:
(a) The Advocate being the agent of the plaintiff as the Court Officer in concerned litigation would serve the, summon within 30 days from the date of filing of litigation through his own men as well as by Regd. Post. If in both manner, the service of summon is not possible, he will publish notice in two local newspapers of sub-division stating suit No. name of the Court of Registrar, name and address of the plaintiff and defendants and himself, without referring the cause of the suit. The date of publication of such notice should be treated as service of summons.
(b) Copies of the plaint and all other documents would not required to send along with the, summon, but shall be deposited with Registrar, from whom, the Advocate being the agent(s) of defendant(s) would, collect such copies within 7 days from the date of service of summons.
(c) The Advocate of the plaintiff would be empowered to sign the summons in the capacity of court officer in the concerned litigation.
ORDER-V: DEFENCE (against existing Orders VIII, VVV-A, IX, XII and XXIII):
The Written Statement under existing code would be replaced by the word defence. The opposite parties shall file their defence within 60 days from the date of service of summons in the same manner of the plaint, alongwith Xerox copies of all documentary evidence in his defence, if any, have in his possession, list of any documents if not in his possession with name and address of possessors of the same, if he knows, list of witnesses in support of his defence, and list of additional issues, if any.
ORDER-VI Documents (Against Existing Order XIII):
The discovery of documents would be submitted alongwith the plaint. Under the model Code, the possessor of any documents relating to any litigation automatically become the Receiver of the particular documents in his possession for time being, till disposal of the concerned litigation and should supply True Photocopies of such documents on payment of cost within 7 days from the date of notice from the Advocate of either side in the said litigation.
ORDER-VII: Adjournment:
(Against existing Order XVII) Adjournment for total period of 60 days between the filing of the litigation and Judgment can be granted by the District Judge only.
ORDER-VIII: Interlocutory Orders:
Interlocutory orders like temporary injunction can be granted by the Appellate Court only, which will not effect the adjudication of the main suit at trial courts.
ORDER-IX: Affidavit, the provision will remain as existing, under order IX.
ORDER-X: Interrogatories:
(a) Under the proposed code, interrogatories will become a necessary part of the proceedings of the suit, which also will help judiciary to give findings and judgments on the more stronger basis.
(b) After filing defence by the defendants, in a suit, both the parties will, if any, make a questionnaires in a prescribed form within a limited period, upon opponent parties who in his turn shall bound to make answers within prescribed times in prescribed form, otherwise shall be debarred from contesting the suit.
(c) ORDER-XI: Jurisdiction:
(d) Instead of present jurisdiction of trial courts based on Police Station, all Civil Suits within all Police Stations under a particular Sub-Division shall be comprised as one Jurisdiction to be vested in the Court of Registrar of such Sub-Division.
ORDER-XII: Recording of Evidences:
(a) A Court Officer would be appointed for this purpose from penal of Advocates amongst all members of local Bar of a Sub-Division which shall be declared on the first day of each year, without delisting anyone, but on the basis of seniority.
(b) Recording of the evidences of the witnesses would be duty of this penal;
(c) This will be the duty of the plaintiff/defendant to produce his witnesses: before the Court Officer within prescribed time to record evidence in presence of the both side Advocates and parties and within the area of court compound;
(d) Evidences given by the witnesses would be recorded by the Advocates from the said penal on the rotation basis, and in presence of parties and Advocates of both side parties, and signatures of the witnesses, Advocates, of both side parties as well as parties would be taken over in the prescribed form on which evidence would be recorded.
(e) Evidences would be recorded in triplicate with the help of carbon paper and one copy each would be served to the first Plaintiff and defendant respectively just at the moment of recording of evidence and original would be submitted before the Registrar of the Trial Courts. Xerox Copies of recorded evidence shall be supplied to other plaintiffs or defendants, if any, after certifying as true copy by the Penal Advocate / Court Officers.
ORDER-XIII: FINDINGS:
On the basis of allegations, claims made by the plaintiffs the defence filed by the defendants, answer made by both side parties against interrogatories submitted by either party and evidence recorded by the Advocate Penal, the Court of Munsif will make its findings of facts on the prescribed form.
ORDER-XIV: Judgment and Execution of Decree:
(a) On the basis of findings made by the Court of Munsif, the Judgment of the suit after hearing both parties, would be given by a Sub-Judge, who will be assigned the Suit on rotation basis, considering all facts relates to merit of the case and legal side of the suit. If decree is passed, a copy of finding as well as Judgment would be served upon defendant's Advocate fixing the date of execution of decree. No separate case will be required to be filed for execution of decree under proposed code, but this will be duty of the court to execute the order of decree, if not appealed.
ORDER-XV: COST;
If plaintiff succeeds in establishing his case on the basis of merit, he will be entitled to get entire actual cost of the suit and damage caused thereof incurred by him. On the other hand, if he fails in establishing his claim on the basis of merit, he would be compelled to pay all actual expenses and damages incurred by the defendants. If any case lost by either party for the technical or any ground of law, no order would be passed as to the cost.
She against he in case of female.
(a) Judges are not accountable for not applying judicial minds in their order rather in almost majority cases they are passing just the mechanical orders. Remedy: A mechanism should be developed to give them rating for their orders based on application of Judicial Mind or on mechanical orders. This will improve Justice delivery system and also reduce the backlog of the Appeals.
(b) Permission to file suit or litigations to blackmail the other side parties, since law permits to file suit or litigations to blackmail the other side parties. Remedy: In the Civil litigation, the looser of the case for the reason of the fact should bear the entire cost of both side parties. In the criminal case, when it proved that case was based on created stories, the Complainant should be liable for the same punishment, which is fixed for the crimes being subject matter of the complaint.
(c) Advocate’s tendency to linger the proceedings. Considering such reasons, during 1983, after studying about 250 cases, I have prepared a Model Draft of New Civil Procedure Code, dividing a the Civil Litigation in to Judicial/Non-Judicial works, as follows:-
DRAFT FOR MODEL OF CIVIL PROCEDURE CODE
In view of the considerations, that Justice means Justice in time, the Petitioner had prepared a model of Civil Procedure Code to suggest the replacement against the existing Civil Procedure Code. All concerned may agree with that “Justice delayed Justice denied” in real sense due to long-long-time-taking procedures adopted under the said code for Civil litigations. Such serious situation is responsible for increase of crimes related to such civil litigations.
In the year of 1983-84, the I made an in-depth study of Civil Procedure Code and its 51 Orders, 703 Rules, and thousands Sub-Rules, besides 151 Sections and several hundred sub-sections and found that the object behind these provisions were to ensure free and fair justice. Butter mixed with honey will be poisonous. Likewise, good Civil Procedure Coder prepared in the line of law in United Kingdom , in India , became instrumental to misuse the Administration of Justice to harass and blackmail the opponents. Some people files litigations thinking that they can obstruct the object of opponent for several years. A democracy cannot survive for a long time unless Justice is protected and ensured. Having this concept in mind, the petitioner had written about the said Model of Civil Procedure Code to the then Law and Justice Minister Shri Ashok Sen by letter dated 15th March, 1985 by Regd. Post. In view of Reforms, Globalisation and open Market Economy, the said Model Code has now became more important and the petitioner have understood that their Lordships are eager to evolve a Judicial system under Free, Fair and Fast adjudication of the litigations can be possible. The main reasons for delay in litigations are unwarranted adjournments of trials on various grounds, interlocutory proceedings, which is removed in his model, from the business of trial courts and Advocates have given much more responsibilities, in depth involvement in Administration of Justice and made accountable to their clients. which I also forwarded to the then Hon'ble Chief Justice of India Mr. A. M. Ahmadi, through Registered Post vide Letter dated 3rd March 1995 and then referred in Writ Petition (Civil) No. 151 of 1996 filed and moved before the Hon'ble Supreme Court. However, after verbal observation/advice made by Justice Ahmadi, I also forwarded my aforesaid Suggestions to the Law Commission of India by letter dated 6th June 1996 posted through Registered Post”.
Model Code was prepared to ensure the Free, Fair and Fast Justice within time bound program described as under:- Service of summons 40 Days
Collection of documents by the
Advocates of defendants 60 Days
Filling of the Defence 60 Days
Interrogations and answers from both
side parties 60 Days
Recording of evidence 90 Days
Finding of Facts 90 Days
Judgments 60 Days
Maximum adjournments permissible 60 Days
520 Days
Execution of Judgments (If Appeal not filed) 180 days
Total 700 Days
Under this model code, adjudication of litigation, is divided in to four parts. Up to the interrogatories and answers, the record of the suit will kept with the court of the Registrar at a Sub-division level, who will also maintain Registers for the following business:-
a) Registration of all litigations in one Register irrespective of any Police Stations under the Sub-division.
b) Publication of a List of the Penal of Advocates; (the entire list of Members of a Bar Association of a Sub-Division will constitute such list on seniority basis.
c) Filing of the evidences recorded by the Penal Advocates of the litigation who will be appointed on rotation basis.
d) Allotment of litigations for the courts of Munsif on rotation basis to record findings of facts.
e) After return of the file of litigation from the concerned court of Munsif, allotment of litigation to a court of Asst. Dist. Judge to pronounce its Judgment.
Now the Petitioner would like to present a brief note on the orders of Model suggested Code which will ensure the Justice within prescribed period irrespective of all consideration.
MODEL OF ALTERNATIVE CIVIL PROCEDURE CODE
ORDER-I: Parties to the Suit (against the existing Order I and part of Order XXII) :
All interested parties have right to file, participate or defend any suit subject to bear full actual cost including damage due to suit, if failed to establish his / their claim or defence.
ORDER- II: Suits (against existing orders II, IV, VII, XI, XIV):
a plaintiff shall file the plaint in prescribed form along with duplicate copies of all documents in his possession and on which he relies to file the suit; list of documents which would not be in his possession but at the same time, he relies his claim giving the name and address of possessors of such documents, if plaintiff knows; suggested issues; list of witness all pleadings with full facts and full court fees before the Registrar of Trial Courts at a sub-division (There will be no provisions for amendment of plaint or pleadings)
ORDER-III: Recognised agents and pleaders (against existing Order III) :
The Advocate of the plaintiff would be accountable to serve the summons and Advocate of the Defendants would be accountable to receive the (copy of the) plaint and other documents from the Court of Registrar. Such Advocates would work in real sense as court officers as well as agents of their clients.
ORDER-IV: Summons:
(a) The Advocate being the agent of the plaintiff as the Court Officer in concerned litigation would serve the, summon within 30 days from the date of filing of litigation through his own men as well as by Regd. Post. If in both manner, the service of summon is not possible, he will publish notice in two local newspapers of sub-division stating suit No. name of the Court of Registrar, name and address of the plaintiff and defendants and himself, without referring the cause of the suit. The date of publication of such notice should be treated as service of summons.
(b) Copies of the plaint and all other documents would not required to send along with the, summon, but shall be deposited with Registrar, from whom, the Advocate being the agent(s) of defendant(s) would, collect such copies within 7 days from the date of service of summons.
(c) The Advocate of the plaintiff would be empowered to sign the summons in the capacity of court officer in the concerned litigation.
ORDER-V: DEFENCE (against existing Orders VIII, VVV-A, IX, XII and XXIII):
The Written Statement under existing code would be replaced by the word defence. The opposite parties shall file their defence within 60 days from the date of service of summons in the same manner of the plaint, alongwith Xerox copies of all documentary evidence in his defence, if any, have in his possession, list of any documents if not in his possession with name and address of possessors of the same, if he knows, list of witnesses in support of his defence, and list of additional issues, if any.
ORDER-VI Documents (Against Existing Order XIII):
The discovery of documents would be submitted alongwith the plaint. Under the model Code, the possessor of any documents relating to any litigation automatically become the Receiver of the particular documents in his possession for time being, till disposal of the concerned litigation and should supply True Photocopies of such documents on payment of cost within 7 days from the date of notice from the Advocate of either side in the said litigation.
ORDER-VII: Adjournment:
(Against existing Order XVII) Adjournment for total period of 60 days between the filing of the litigation and Judgment can be granted by the District Judge only.
ORDER-VIII: Interlocutory Orders:
Interlocutory orders like temporary injunction can be granted by the Appellate Court only, which will not effect the adjudication of the main suit at trial courts.
ORDER-IX: Affidavit, the provision will remain as existing, under order IX.
ORDER-X: Interrogatories:
(a) Under the proposed code, interrogatories will become a necessary part of the proceedings of the suit, which also will help judiciary to give findings and judgments on the more stronger basis.
(b) After filing defence by the defendants, in a suit, both the parties will, if any, make a questionnaires in a prescribed form within a limited period, upon opponent parties who in his turn shall bound to make answers within prescribed times in prescribed form, otherwise shall be debarred from contesting the suit.
(c) ORDER-XI: Jurisdiction:
(d) Instead of present jurisdiction of trial courts based on Police Station, all Civil Suits within all Police Stations under a particular Sub-Division shall be comprised as one Jurisdiction to be vested in the Court of Registrar of such Sub-Division.
ORDER-XII: Recording of Evidences:
(a) A Court Officer would be appointed for this purpose from penal of Advocates amongst all members of local Bar of a Sub-Division which shall be declared on the first day of each year, without delisting anyone, but on the basis of seniority.
(b) Recording of the evidences of the witnesses would be duty of this penal;
(c) This will be the duty of the plaintiff/defendant to produce his witnesses: before the Court Officer within prescribed time to record evidence in presence of the both side Advocates and parties and within the area of court compound;
(d) Evidences given by the witnesses would be recorded by the Advocates from the said penal on the rotation basis, and in presence of parties and Advocates of both side parties, and signatures of the witnesses, Advocates, of both side parties as well as parties would be taken over in the prescribed form on which evidence would be recorded.
(e) Evidences would be recorded in triplicate with the help of carbon paper and one copy each would be served to the first Plaintiff and defendant respectively just at the moment of recording of evidence and original would be submitted before the Registrar of the Trial Courts. Xerox Copies of recorded evidence shall be supplied to other plaintiffs or defendants, if any, after certifying as true copy by the Penal Advocate / Court Officers.
ORDER-XIII: FINDINGS:
On the basis of allegations, claims made by the plaintiffs the defence filed by the defendants, answer made by both side parties against interrogatories submitted by either party and evidence recorded by the Advocate Penal, the Court of Munsif will make its findings of facts on the prescribed form.
ORDER-XIV: Judgment and Execution of Decree:
(a) On the basis of findings made by the Court of Munsif, the Judgment of the suit after hearing both parties, would be given by a Sub-Judge, who will be assigned the Suit on rotation basis, considering all facts relates to merit of the case and legal side of the suit. If decree is passed, a copy of finding as well as Judgment would be served upon defendant's Advocate fixing the date of execution of decree. No separate case will be required to be filed for execution of decree under proposed code, but this will be duty of the court to execute the order of decree, if not appealed.
ORDER-XV: COST;
If plaintiff succeeds in establishing his case on the basis of merit, he will be entitled to get entire actual cost of the suit and damage caused thereof incurred by him. On the other hand, if he fails in establishing his claim on the basis of merit, he would be compelled to pay all actual expenses and damages incurred by the defendants. If any case lost by either party for the technical or any ground of law, no order would be passed as to the cost.
She against he in case of female.
Sunday, July 11, 2010
498a Frequently Asked Questions - FAQ
Excellent Blog for 498a all your 498a questions.
http://498afaq.blogspot.com/2009/04/why-interpol-stop-issuing-rcns.html#comment-form
http://498afaq.blogspot.com/2009/04/why-interpol-stop-issuing-rcns.html#comment-form
GoM to look into ‘honour killings'
July 8, 2010
The Union government on Wednesday decided to consult the States and set up a Group of Ministers (GoM) to suggest changes in the law to deal with the matter.
United on the need to deal with the pernicious practice of “honour killings,” but facing division in the Cabinet on how to tackle the issue, the Centre on Wednesday decided to consult the States and set up a Group of Ministers (GoM) to suggest changes in the law to deal with the matter.
Information and Broadcasting Minister Ambika Soni said after a Cabinet meeting: “We do feel the pressure to bring amendments [to the law] in the monsoon session of Parliament. There is not only social pressure [and] media pressure, but within our own Cabinet and party too; we feel the so-called honour killings have to be brought under the ambit of the law of the land.”
At the Cabinet meeting, there was agreement on the fact that the current laws simply cannot deal with such killings. But that was it. Home Minister P Chidambaram's fervent plea to expeditiously amend the Indian Penal Code, the Indian Evidence Act and the Special Marriages Act in the monsoon session did not find favour with many of his Cabinet colleagues.
Mr. Chidambaram's point was that the government could not afford to waste time in more discussion, unless it was prepared to see many more girls summarily killed. But his colleagues felt that it was too complex an issue to be dealt with hastily, especially as ‘khap panchayats' — which exerted pressure to act against the marriage of young men and women of the same ‘gotra,' village or outside the caste — often had social sanction.
Minister for Youth and Sports M.S. Gill pointed out that there could be problems in implementing any changes in the law, given that the Centre was dependent on the States to do so. He wanted to know whether when a whole congregation of villagers was involved in issuing orders to kill someone, all of them could be held accountable.
Others who spoke of the need to exercise caution included Surface Transport Minister Kamal Nath and Human Resource Development Minister Kapil Sibal, who suggested some changes in the law to deal with such killings specifically.
Sources in the government told the media that the crux of the changes proposed focus on placing the onus of proving innocence on the “khap panchayat” members — and this includes not just the charge of murder, but of being an abettor, or having instigated any other sort of humiliation, including stripping, social boycott, etc. The amendments, if made into law, would also make all ‘khap panchayat' members associated with a death accountable.
The Union government on Wednesday decided to consult the States and set up a Group of Ministers (GoM) to suggest changes in the law to deal with the matter.
United on the need to deal with the pernicious practice of “honour killings,” but facing division in the Cabinet on how to tackle the issue, the Centre on Wednesday decided to consult the States and set up a Group of Ministers (GoM) to suggest changes in the law to deal with the matter.
Information and Broadcasting Minister Ambika Soni said after a Cabinet meeting: “We do feel the pressure to bring amendments [to the law] in the monsoon session of Parliament. There is not only social pressure [and] media pressure, but within our own Cabinet and party too; we feel the so-called honour killings have to be brought under the ambit of the law of the land.”
At the Cabinet meeting, there was agreement on the fact that the current laws simply cannot deal with such killings. But that was it. Home Minister P Chidambaram's fervent plea to expeditiously amend the Indian Penal Code, the Indian Evidence Act and the Special Marriages Act in the monsoon session did not find favour with many of his Cabinet colleagues.
Mr. Chidambaram's point was that the government could not afford to waste time in more discussion, unless it was prepared to see many more girls summarily killed. But his colleagues felt that it was too complex an issue to be dealt with hastily, especially as ‘khap panchayats' — which exerted pressure to act against the marriage of young men and women of the same ‘gotra,' village or outside the caste — often had social sanction.
Minister for Youth and Sports M.S. Gill pointed out that there could be problems in implementing any changes in the law, given that the Centre was dependent on the States to do so. He wanted to know whether when a whole congregation of villagers was involved in issuing orders to kill someone, all of them could be held accountable.
Others who spoke of the need to exercise caution included Surface Transport Minister Kamal Nath and Human Resource Development Minister Kapil Sibal, who suggested some changes in the law to deal with such killings specifically.
Sources in the government told the media that the crux of the changes proposed focus on placing the onus of proving innocence on the “khap panchayat” members — and this includes not just the charge of murder, but of being an abettor, or having instigated any other sort of humiliation, including stripping, social boycott, etc. The amendments, if made into law, would also make all ‘khap panchayat' members associated with a death accountable.
Drama at Penguin Canada Settled ‘Amicably’
I previously blogged about the former Indian President at Penguin Books Canada being fired for Sexual Harrasment of a female employee. Well the suite has been setteled out of court, and the female employee will be hired back to her previous post but Mr. David Davidar has been sent packing.
This is one the easist ways women are rewarded by making aligations of sexual harrassment without much proof and have their boss fired or worst imprisoned, plus a nice fat cash settlement. Men of all stripes fall pray to amitious females who take advantage of lax laws and threats of legal action.
July 8, 2010
Following the wide coverage of the publishing drama at Penguin Canada involving Lisa Rundle, a former rights and contracts director, filing a lawsuit against Penguin Canada and ex-publisher David Davidar, Penguin announced yesterday that the lawsuit had been settled “amicably” out of court.
Ms. Rundle had launched a $523,000 suit claiming that she had been wrongfully dismissed by the company and that Mr. Davidar had sexually harassed her during the Frankfurt Book Fair.
Daily News and Analysis reports that Lisa Rundle will return to her earlier position in a “few weeks time”. Penguin Group Chairman, John Makinson told The Globe and Mail in a telephone interview that “The general feeling inside the organization was that would be both a good thing to do commercially and a very decent thing to do ethically.”
India Real Time had earlier written about Delhi’s defence of Mr. Davidar. Now the same DNA piece reports that he will be returning to India.
Following the announcement of the settlement, Publishers Weekly reports that Penguin old-hand, Mike Bryan has been named President of Penguin Canada. It also says that there are plans afoot to hire a chairperson. All of which is meant to get Penguin back on track.
This is one the easist ways women are rewarded by making aligations of sexual harrassment without much proof and have their boss fired or worst imprisoned, plus a nice fat cash settlement. Men of all stripes fall pray to amitious females who take advantage of lax laws and threats of legal action.
July 8, 2010
Following the wide coverage of the publishing drama at Penguin Canada involving Lisa Rundle, a former rights and contracts director, filing a lawsuit against Penguin Canada and ex-publisher David Davidar, Penguin announced yesterday that the lawsuit had been settled “amicably” out of court.
Ms. Rundle had launched a $523,000 suit claiming that she had been wrongfully dismissed by the company and that Mr. Davidar had sexually harassed her during the Frankfurt Book Fair.
Daily News and Analysis reports that Lisa Rundle will return to her earlier position in a “few weeks time”. Penguin Group Chairman, John Makinson told The Globe and Mail in a telephone interview that “The general feeling inside the organization was that would be both a good thing to do commercially and a very decent thing to do ethically.”
India Real Time had earlier written about Delhi’s defence of Mr. Davidar. Now the same DNA piece reports that he will be returning to India.
Following the announcement of the settlement, Publishers Weekly reports that Penguin old-hand, Mike Bryan has been named President of Penguin Canada. It also says that there are plans afoot to hire a chairperson. All of which is meant to get Penguin back on track.
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