प्रदेश में झूठे मुकदमों की “बाढ़”

false cases flood in the state

जयपुर । जमीन विवाद हो या फिर पड़ोसी से झगड़ा, लोग मारपीट के साथ महिला से छेड़छाड़ और दुष्कर्म जैसे मामले दर्ज कराने से भी गुरेज नहीं कर रहे। पुलिस जांच में जुटी तो पता चला कि थानों में महिला उत्पीड़न से संबंधित झूठे मुकदमों की बाढ़ आ गई।

दो वष्ाोü के आंकड़े देखे तो जैसे-जैसे दर्ज मुकदमों की संख्या बढ़ती गई, वैसे-वैसे झूठे मुकदमे सामने आते गए। इस वष्ाü दर्ज मुकदमों की संख्या घटने पर पुलिस ने राहत की सांस ली है। पुलिस मुख्यालय ने महिला उत्पीड़न से संबंधित मुकदमों की पड़ताल करवाई तो साढे तीन साल की समीक्षा में ये तथ्य सामने आए हैं।

ऎसे बढ़ते गए केस

प्रदेश में वष्ाü 2014 में महिला उत्पीड़न संबंधित 32152 प्रकरण दर्ज हुए, पुलिस ने जांच में इनमें 14109 मुकदमे झूठे बताए। वष्ाü 2013 में 29150 प्रकरण में 11852 मामले झूठे और वष्ाü 2012 में 21975 में 9278 मामले झूठे बताए।

यहां अधिक मामले

वष्ाü 2014 में उदयपुर में 1863, अलवर में 1719, श्रीगंगानगर में 1530, अजमेर 1386 व भीलवाड़ा में 1312 प्रकरण दर्ज हुए। अन्य जिलों में दर्ज प्रकरणों की संख्या एक हजार से कम बताई गई है।

पुलिस का समय बर्बाद, आरोपित होता है पीडित

झूठे मुकदमों की जांच करने में पुलिस का समय बर्बाद होता है। जबकि जिसके खिलाफ झूठा मुकदमा दर्ज करा आरोपित बनाया जाता है, वास्तव में वह पीडित होता है। हालांकि पुलिस सूत्रों के मुताबिक, इतनी संख्या में झूठे मुकदमे दर्ज होने के बावजूद प्रकरण दर्ज कराने वालों के खिलाफ कोई कार्रवाई नहीं की गई। इससे झूठे मुकदमे दर्ज कराने वालों को हौसले बुलंद होते गए।

प्रदेश में महिला उत्पीड़न संबंधित मुकदमों में तीन साल से बढ़ोतरी हो रही थी, लेकिन जांच में हर साल झूठे मुकदमों की संख्या भी बढ़ती गई। उमेश मिश्रा, एडीजी

Source: False cases flood in the state

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Men’s rights activists want commission on lines of NCW

Mumbai: Men’s rights activists on Friday demanded setting up of a national-level commission for men on the lines of the National Commission for Women (NCW) to safeguard their interests.

The demand was made when men’s rights activists from across the country gathered in Bhayander on Friday at a meeting organised by an NGO Save Indian Family.

Kumar Jahgirdar, who spearheads the movement for gender-neutral laws, and also runs an NGO Childrens’ Right Initiative for Shared Parenting, said, “Though men pay more than 82 per cent of the country’s income tax, no government has ever bothered to address their problems. Therefore, we demand a dedicated ministry for men’s welfare and also a men’s commission on the lines of NCW.” It is ironic that while there are dedicated ministries for even animals and forests but none for men, he added.

Swarup Sarkar, president of the Save Indian Family, an NGO which advocates gender neutral laws, said, “Now there is an urgent need to act against those women, who file false complaints (against husbands) with the protection of women-centric laws.”

Source: The Asian Age

Activists demand gender neutral laws, Commission for Men

Press Trust of India | Mumbai | Men’s rights activists today demanded setting up of a national-level commission for men on the lines of the National Commission for Women (NCW) to safeguard their interests.

The demand was made when men’s rights activists from across the country gathered in suburban Bhayander here today at a meeting organised by an NGO Save Indian Family.

Kumar Jahgirdar, who spearheads the movement for gender-neutral laws, and also runs an NGO– Childrens’ Right Initiative for Shared Parenting (CRISP), said, “Though men pay more than 82 per cent of the country’s Income Tax, no government has ever bothered to address their problems. Therefore, we demand a dedicated ministry for men’s welfare and also a men’s commission on the lines of NCW.”

It is an irony that while there are dedicated ministries for even animals and forests but none for men, he added.

Swarup Sarkar, president of the Save Indian Family (SIF), an NGO which works to promote family and marital harmony and also advocates gender neutral laws, said, “Now there is an urgent need to act against those women, who file false complaints (against husbands) with the protection of women-centric laws.”

Interestingly, a number of women were also present at today’s event, who also vociferously demand setting up of a commission for men.

Barkha Trehan, a businesswomen from Delhi and also attached with SIF Delhi Chapter, said, “As many as fifty laws are made for women, but not a single for men. The voices of 50 per cent population are being completely unheard in this democratic country, which cannot be ignored now.”

“Now, government should wake up and have an assessment of the impact of only women-biased laws as 64,000 (citing National Crime Records Bureau data) are killed by their wives nationally,” she said.

The meeting in Bhayander will continue till Sunday and activists will pass resolutions seeking changes in laws, which will then be handed over to Prime Minister Narendra Modi to “save Men” and treat them as equal citizens.

Source: Business Standard

NGO to take up men’s cause on Independence Day

Tribune News Service – Jalandhar, August 12 | This Independence Day, a group of 50 NGOs, under the banner of Save Indian Family (SIF) and more than 180 activists across the nation will assemble in Mumbai for the advocacy of gender neutral laws.

The seventh national confluence has been earmarked to evolve a strategy for “protecting vulnerable men from laws facing undue harassment due to heavily loaded legal provisions against men.”

“The national confluence aims to evolve a consensus from nationwide volunteers to plan initiatives to empathise with the deteriorating situation of men on the legal front, health care and social status, to address men in distress through various channels, campaigns, creating of groups and establishing respect for men,” said members of the Insaaf Awareness Movement, including Kunal Aggarwal, president, Kamal Sharma, secretary, Vikas Madaan and Bharat Chauhan, the other activists from Jalandhar.

The members believe that men have been marginalised like never before. Apart from gender neutral laws, the group will also discuss the issue of suicide being committed by them. “Suicides exhibit social trauma and mental status of men. The NCRB 2014 illustrates the vulnerable situation that men are facing in the present scenario. Every 5.9 minutes, a men is committing suicide in India with family disputes as the single largest reason for male suicide,” they said in a press note.

Source: The Tribune

‘Harassed’ men set up meet

New Delhi, Aug. 8: When the country celebrates one more year of Independence next Saturday, dozens of non-government organisations will be in the middle of a brainstorming session to work out a plan for a different kind of freedom.

For “harassed” males.

Their objective: create pressure groups and “sensitise” MPs into framing gender-neutral laws. The existing laws, they say, are biased against men.

The 50 NGOs, under the banner Save Indian Family, and more than 200 activists will assemble in Mumbai from August 14, the day the conference starts. The meet ends on August 16.

“The conference will evolve a strategy to create pressure groups to sensitise parliamentarians to formulate laws to address male-specific issues and work for gender-neutral laws,” said Kumar Jahgirdar, national president of the Children’s Right Initiative for Shared Parenting (CRISP), a Bangalore-based NGO spearheading the movement for gender-neutral laws.

Kumar, who spoke to The Telegraph from Bangalore, said the conference would discuss threadbare the problems confronting men.

The NGO, which cited studies and figures from the National Crime Records Bureau (NCRB), came up with statistics to back its campaign.

  • In India, it said, a man commits suicide every 5.8 minutes, with family disputes being the single largest reason. In 2014, 89,129 men committed suicide compared to 42,537 women.
    The NGO said a key reason was men have no support system when faced with existing laws like the penal code’s Section 498A, under which a woman can file a case of harassment against her husband and in-laws.
    In one case, the Supreme Court had equated the misuse of this section to “legal terrorism”.
    According to NCRB figures for 2013, of the 9,68,728 undertrials charged under Section 498A, only 17,542 (1.8 per cent) were convicted. “Has the government thought of a rehabilitation plan for such victims of false cases?” Kumar asked.
  • The NGO said false cases of rape had added to the “legal terrorism” and wants women who file false cases to be punished.
  • Marital rape, it said, was another potential weapon of misuse. “A law against marital rape will give many people the scope to lodge false complaints. How does one prove in court whether a sexual encounter was consensual or forced? All privacy will be lost if a married couple starts thinking of legal aspects within their bedroom. We oppose such a move,” Kumar said.

Kumar also pointed out that in matrimonial disputes, family courts were generally biased against fathers. As for laws on workplace harassment, the NGO said they should be made gender neutral.

The three-day meet will also deliberate on the need for a separate ministry and a national commission for men.

Kumar said a memorandum would be signed by all the NGOs and submitted to Prime Minister Narendra Modi after the conference ends.

Source: The Telegraph

Young love often reported as rape in our ‘cruel society’

Young love often reported as rape in our 'cruel society'

“I lay the blame for a lot of this at the door of Parliament,” lawyer and leading women’s rights activist Vrinda Grover said.

In January 2013, Seema (name changed), who had moved to Delhi from rural Bihar with her brother went to the Hanuman temple on Delhi’s Panchkuian Road with 19-year-old Sameer (name changed). He put vermilion on her forehead, the couple embraced and now married in their own eyes, they ran away to Sameer’s native village in Samastipur. By May, Seema, now pregnant, was in a court-mandated shelter home for young women visited only by Sameer when he got bail, accused of kidnapping and raping his young love.

The content of 600 court judgements analysed by The Hindu and interviews with complainants, judges and police officers illuminate for this first time the real stories behind the headlines on the national capitals rape statistics.

As Part 1 of the series showed, one-fifth of the trials ended because the complainant did not appear or turned hostile. Of the cases fully tried, over 40% dealt with consensual sex, usually involving the elopement of a young couple and the girl’s parents subsequently charging the boy with rape. Another 25% dealt with “breach of promise to marry”. Of the 162 remaining cases, men preying on young children in slums was the most common type of offence.

These numbers too do not on their own illuminate the stories behind these numbers; for this, The Hindu interviewed judges, prosecutors, police officers, complainants, accused, lawyers and activists most of them under condition of anonymity because they were not free to publicly discuss confidential rape trials. What emerged were heart-rending stories and the role of the police and judiciary.

‘Teenage love drama’

Of the 460 cases dealing with sexual assault in Delhi’s district courts in 2013 that went to a full trial, 174 involved or seemed to involve runaway young couples like Seema and Sameer, The Hindu found. This was especially true for inter-caste and inter-religious couples.

Across the system, there was some amount of concern and sympathy for these consenting couples, especially among judges. Ruling on Seema and Sameer’s case in October 2013, Additional Sessions Judge Dharmesh Sharma said, “The instant case racks [sic] up a perennial problem being faced by all of us on the judicial side: what should be the judicial response to elopement cases like the instant one… This life drama is enacted, played and repeated everyday in the Police Stations and Courts…” Of the case before him, Judge Sharma noted, “This case is a teenage love drama where our dysfunctional cruel society and the justice system have separated the two love birds and have taught them a bitter lesson.”

“We get innumerable such cases in Lucknow too,” Seema Mishra, lawyer and women’s rights activists with Association for Advocacy and Legal Initiatives (AALI), said. AALI has been at the forefront of the pushing for women’s right to choose sexual relationships, which is at the heart of the 174 cases The Hindu looked at. In case after case, as well as in interviews with The Hindu, the behaviour of the girls’ parents was shocking: they arrive at the hotel the couple has eloped to and drag them home, they beat and even injure the couple (in one case breaking the girl’s spine), they threaten her even with acid, they force her to submit to invasive medical tests and in many cases, even to an abortion.

In Judge Sharma’s case, he was able to acquit Sameer since Seema was over the age of consent for sex at the time – 16 years. However now that the Criminal Law Amendment Act (2013) is in force, the age of consent now stands at 18. “I lay the blame for a lot of this at the door of Parliament,” lawyer and leading women’s rights activist Vrinda Grover said. “By raising the age of consent, they have ensured such cases of consensual sex being called ‘rape’ are just going to multiply.”

Promise of marriage

Judges, prosecutors and police officers tended to be far less sympathetic towards the other major area of concern – the 109 cases which deal with “breach of promise to marry”. The argument used by prosecutors in these cases is that if a woman had sexual relations with a man only under a false promise of marriage by him, her consent was not free as it was obtained through deceit. However in most such cases, showing that the accused never intended to marry the complainant becomes hard to prove, unless he is already married to someone else and hiding it.

“You might say it is wrong, but when the girl’s father comes to the police station and says she has been ruined, a policeman will tend to take the father’s side,” one senior Delhi police explained. More often than not, he said, the FIR was a way to force a man attempting to call off a marriage into going through with it; in a third of such cases The Hindu looked at, the woman deposed in court that they were now married and hence she no longer accused him of rape.

“Your family discovers you have been having relations with a man for five years and now he has called it off because of pressure from his family,” one complainant who lost her case explained. “Before you know what is happening, your father and uncle have gone to the police station and you are forced into this. Everyone tells you that if you do not go along with it, you will never get married,” she said.

“Frankly I think this shouldn’t be counted as rape. It comes from a patriarchal context, from the premium placed on a woman’s chastity. But if we want to talk of women’s agency, we cannot have it both ways,” Ms. Grover said, a sentiment shared by several other feminist lawyers.

Rape as we know it

The 161 remaining cases look a lot closer to what is conventionally referred to as rape. Nearly half of these involved an adult neighbour preying on a minor child of a neighbour or a vulnerable woman sleeping outdoors or alone at home, most took place in slums, and had a conviction rate of over 75%. “Mothers like me have to work all day and are not able to keep an eye on our children,” one mother who secured a conviction in the rape of her three-year-old by a neighbour, said in tears. The medical investigation and courtroom terrified her, the woman said, but her family supported her.

In such cases, the consistent testimony of the complainant played the most important role. Judges were usually willing to convict in the absence of medical evidence, and in one case, Additional Sessions Judge Renu Bhatnagar convicted a man of raping a mentally challenged minor girl even though she was unable to depose in court apart from nodding. However in at least two cases where the complainant admitted that she met the accused alone voluntarily but did not consent to sex, judges disbelieved the woman’s testimony.

The judgement in the December 16 gang-rape formed part of The Hindu’s study and was notable in its length, detail and unprecedented extent of medical evidence. It was one of only 12 rapes heard in 2013 that were alleged to have been perpetrated by strangers, and all of the others pre-dated it.

Conclusion

The stories behind Delhi’s sexual assault statistics indicate that the image created by police statistics alone might be a misleading one.

Source: The Hindu