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Domestic violence ruling: Govt to file review plea

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  • After the furore over the Supreme Court’s recent observation that “kicking” or “threatening” women by in-laws cannot be construed as “cruelty” under Section 498 A of the IPC, the government has “agreed” to file a review petition. The decision comes following a meeting of Law Minister Veerappa Moily with National Commission of Women chairperson Dr Girija Vyas. “I have written to the Law Minister and also met him today. He has agreed to study the judgment and file a review petition soon,” Vyas said. Backing the NCW stand, Women and Child Development Minister Krishna Tirath said: “The law should be in favour of women. Strict action should be taken against husband or in-laws, whosoever is responsible for violence,” she said.

    Calling it an “insensitive reading of the law”, CPM Politburo member Brinda Karat had asked the Centre to file a review petition challenging the judgment. She has also asked Moily to “urgently study” the judgment. She said such a judicial understanding of cruelty would become a licence for domestic violence.

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    The SC has ruled that a husband cannot be prosecuted under Section 498(A) of the IPC because his mother or family members kicked her or threatened her with divorce.

    The ruling came on a pile appeal filed by an NRI and his family in a matrimonial dispute case in India.

    There are so many easy ways to stop dowry than this 498A F(LAW)By: Raju | 14-Aug-2009 Reply | Forward If the purpose of 498A is to stop dowry creulty, there are so many easy ways. Just need to study human psychology behind the issue than taking sides of a gender. It is the greediness towards money which was driving people to misuse dowry concept. Now do not say that same greediness will not drive women to misuse the law for money (misusers extort 100 times more money than one would take in the form dowry, making the husbands bonded-labours). Where as, dowry was gifted by wife's parents as part of peoperty share for the better living of wife. Dowry misusers or 498A misusers, they are all the same extremist people. Target them, Not men or women / hindu or mulsim. Simple solution is register every marriage and gifts exchanged. Take maintenance part out of 498A/other laws and encourage women to work. Teach them how fish, do not give fish every day and make them beggers. Apart from that, punish misuers with the same amount of jail time. Educate and counsel them right from hi-school level.
    The Law should be never in favour of women?By: KAMLESH K DWIVEDI | 13-Aug-2009 Reply | Forward The Law should be never in favour of women because as now It's in favour of women so whole society is suffering and only Results are:-1) Abuse of old and sick people and children 2) Counselors from NGOs/Authorities forcing men to disown parents and live as slaves of their wives and in-laws. 3)Large scale Techie-NRI bashing by NGOs and by Media without considering even the facts. 4)Draconian laws(concerning families) which are abused by unscrupulous daughter-in-law to victimise innocent mothers and unmarried sisters and to harass the entire husbands family. 5)NGOs/feminists/Authorities support jailing of old/sick/minor/innocent people without investigations under section 498a
    Law is blind?By: Vinayak D. | 13-Aug-2009 Reply | Forward The law should be in favour of women? Oh come on! And where is your conscience, media? Feminism does not mean treating men unequally, it means treating women equally. It is sad that such psychologically deranged women are in positions where there insane ramblings end up making news.
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