So finally it is out! In the Shoaib Malik-Sania Mirza-Ayesha Siddiqui episode, Ayesha has settled for maintenance Rs 5,000 per month (really!)…. and her mother is very happy that “justice has been done”. As if you will go to international media with all your gory details of fornications (if there was no marriage then it is fornication as per Pakistani law) in star hotels, then miscarriage -- all to get Rs 5,000 of maintenance for 3 months! The real deal is given in news below… 15 crores was the price Shoaib-Ayesha settle at 15 crores Following late night negotiations spearheaded by several Muslim leaders from the Congress, including cricketer-cum-Member of Parliament Mohammad Azharuddin, Andhra Pradesh Minorities Welfare Minister Mohammed Ahmadullah, and Pradesh Congress Committee … [Read more...] about Hyderabad police scores international 498a
498A
IPC 498a on Shoaib: Police comes home to investigate!
This is the difference in treatment by corrupt Indian police and complicit judiciary when an ordinary citizen is faced with a cognizable offence versus a celebrity who is in same situation. Shoaib Malik has been charged with IPC 498a among other sections of Indian Penal Code. Since this is a cognizable offence -- which means person can be arrested without magistrate’s warrant – the police in India is only too happy to put behind bars the accused and family members the moment the ink dries up on a 498a FIR, or even earlier probably in some cases. So I wonder with eyes open when I read the news below: Malik is cooperating with cops, no question of arrest On the possible arrest of the former Pakistan captain, the lawyer cited a Supreme Court ruling and said, ‘‘Shoaib is cooperating … [Read more...] about IPC 498a on Shoaib: Police comes home to investigate!
Press release: Scrap IPC 498a, Refer Shoaib Malik Case
PRESS RELEASE Subject: SIFF demands scrapping of Section 498a, even as Pakistani cricketer Shoaib Malik gets implicated in it. Save Indian Family Foundation, a men’s rights organization, creating awareness about the “Legal Terrorism” spread by misuse of marital laws like Section 498A, Domestic Violence Act, etc. voices its strong concerns in the matter of a case under Section 498A being filed against Pakistani Cricketer Shoaib Malik. Marriage disputes before, during and after marriage are civil disputes and they have to be tried under a civil court. It has become a regular habit for women and their families to invoke section 498a for every petty dispute in marriage. It is dangerous if every marriage or relationship dispute is considered a crime by the Government and it sends police to … [Read more...] about Press release: Scrap IPC 498a, Refer Shoaib Malik Case
Wife’s mentally disturbed condition not enough to prove husband’s cruelty under IPC 498a
A recent judgment of Bombay High Court has said that wife's mentally unstable condition who committed suicide later was not sufficient to convict husband under IPC 498a.http://www.dnaindia.com/mumbai/report_wife-s-mentally-disturbed-condition-not-enough-to-prove-husband-s-cruelty-says-high-court_1327888Read the bold sentences especially:Mumbai: A soured marriage and the resultant disturbed mental condition of a woman who committed suicide were not sufficient reasons to infer that the husband subjected her to cruelty, the Bombay high court ruled earlier this month.Setting aside the two-year imprisonment sentence handed out to Kamalkishore Agrawal, 48, by a sessions court, the Nagpur bench of the high court held that, "though it appears that the victim and the applicant had marital discord … [Read more...] about Wife’s mentally disturbed condition not enough to prove husband’s cruelty under IPC 498a
Restore Civil Rights to Domestic Violence Laws!
Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence? Have we become irrational in our approach to women's empowerment and women's rights? Are fundamental Constitutional rights being set aside? Are we now supporting violation of human rights of innocent men, women and children? Guilty until Proven Innocent? Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.” But... Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial. Mandatory Arrest? Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty … [Read more...] about Restore Civil Rights to Domestic Violence Laws!
PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously
A person who files under DV (Domestic Violence) Act may get help from State to file for 498A and Dowry Act 1961 if these are applicable to her case.Read 5(e) of PWDVA which enables Protection Officer or Magistrate to help woman:(e) of her right to file a complaint under section 498A of the Indian Penal Code,wherever relevant: "Read 31(3) of PWDVA which is applicable after breach of Protection Order:(3) While framing charges under sub-section (J), the Magistrate may also framecharges under section 498A of the Indian Penal Code and any other provision of that Code or the Dowry Prohibition Act, 1961, as the case may be, if the facts disclose thecommission of an offence under those provisions.So the point of double jeopardy would not be applicable to avoid simultaneous 498A and PWDVA, … [Read more...] about PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously