Mr. Rebates

Friday, February 25, 2011

Dowry harassment likely to become a bailable offence

This seems like a positive move in the correct direction, let us see how long this takes to put in place, will it take years or decades to implement, then it is just Bull? 

Feb 24, 2011

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

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

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

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

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

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

Sunday, February 20, 2011

Pravanjan Mallick in jail for beating wife

Feb 16, 2011

Former skipper of Orissa cricket team Pravanjan Mallick was sent to jail here on Tuesday, a day after police registered a case against him for allegedly assaulting his wife Cini Mohanty. Mallick was arrested late on Monday night hours after Cini lodged an FIR against him at Mahila police here.

The sub-divisional judicial magistrate (SDJM) here rejected the bail application of Mallick, who was booked under Sections 307 (attempt to murder), 498A (torture), 323 (assault) and 506 (threaten to kill) of IPC. "We have moved the upper court for bail. The hearing is on Wednesday," Pravanjan's lawyer Raju Khuntia said. In the FIR, Cini alleged Mallick beat her up and threw her out his car near MPG Square on Valentine's Day, a police officer said. Both of them have been staying separately ever since Mallick filed divorce petition nearly a year ago, the police officer added.

Cini on Tuesday softened her stand towards her husband and appealed to the court to grant him bail. Confusion prevailed after lawyer Khuntia said, "Cini filed a petition in court seeking compromise with her husband in amicable manner." But Cini denied it and told TOI, "I simply submitted a written application in court and appealed to grant him bail. I did not file any compromise petition. Nor am I going to withdraw my FIR. Though I do not want him to stay in jail, but I want the case to go on," she said. Pravanjan, who played over 80 first class cricket matches before retiring last year, did not utter a single word over the allegations leveled against him by his wife.