Friday, June 19, 2015

Woman fined for misusing domestic violence law



It is not the case that the country is safe for woman. India is notorious for the bad condition of its woman. The problems are many - the country is highly patriarchal, woman's rights are more in theory, education for woman does not follow the same sense of rights as that for men, violence in the household is at an uncomfortable level for woman. Over the years, there has been a sustained push for ensuring that woman get more rights and a concept of equality in the household - this has been done through education and through laws that are aimed at protection for woman.
And this is where some of the problems are coming up. The laws are meant to ensure that woman can use the force of these laws to protect themselves - so for example, anti-dowry laws were meant to punish those members of the groom's family and the groom who demanded dowry for the marriage. Similarly, the laws for domestic protection were meant to protect women who were living in a household where they were being tormented, and the punishments and police investigation against the accused would bring back the confidence that the woman would have lost because of the harassment that they were facing.
However, like the anti-dowry law, where there are many examples of it being wrongly used, the same is getting true for the domestic violence laws, Consider the case of a woman who is in a dispute with her husband, and has either been advised or has figured out on her own that the use of these laws would ensure that her husband's family and him would come under tremendous pressure, maybe even jailed for some time, and hence would quickly come to an agreement with her. The disincentive for filing a false case did not exist and hence there was no problem is using these cases.
As a result of some of these false cases, courts are much more sensitive, and indeed, even the Supreme Court has been forced to provide some sort of safeguards before the law could act. Now, it would seem that courts are having to come into action for false cases under the domestic violence act (and because the Government of the day does not seem to have any mind to provide some of these safeguards for these laws). In this case, the court has applied a fine on the woman who had filed the case (link to article):
A court here has dismissed a woman's complaint of domestic violence against her husband and in-laws, noting that she misused legal provisions as a tool to extort unjustified money from him for unjustified personal gain, and imposed a cost of Rs 1 lakh on her. Metropolitan magistrate Shivani Chauhan dismissed the complaint of the woman, a south Delhi resident, saying that she had falsified and concocted various allegations and suppressed important facts in order to harass her in-laws.

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posted by Ashish Agarwal @ 10:54 AM    


Wednesday, May 13, 2015

Divorce case, if women wealthy, not entitled to maintenance



Typically, divorce cases in India take a long time to settle; at the same time, as a reaction over the years to the country's social environment being strongly patriarchal, in favor of men, the laws that have evolved over the years to handle problems related to divorce and the economic needs of women who have separated from their husbands are more in favor of women. Women in divorce cases, or even in the case of separation are entitled to maintenance from their husbands. The man in such cases is also expected to pay for the expenses of growing up of children from such a marriage,
Now, this is perfectly fine. When you are in a marriage and are parents, there are some responsibilities and there are some duties both as a father and husband that have to be incurred. This is even more so in the case of a significant portion of Indian households where the wife is a housewife and the husband was the one who is working, and hence most of the assets and the income is in the name of the husband. But there are problems in this arrangement as well. The law and the judiciary do not seem to recognize some problems in this scenario - especially where the wife is capable of earning as well as the husband, or where she has a lot of assets. The law tends to be a bit blind in this area, and can be seen as not balanced. The argument is that women typically tend to be weaker economically and hence the reason for the bias in law, but weaker women would not suffer if the law took an equal position, and if the wife is capable of getting a good salary or already is rich / well-off and the husband equal or in a lower financial position, then it does not make sense to still award an alimony to her (in fact, all things being equal, as per an equal basis, the husband should be getting alimony). In this case (if it does not get over-turned on appeal), the court has given a ruling in favor of the husband and could be used as a precedent for cases such as these (link to article):
The Bombay high court has ruled that a woman is not entitled to claim maintenance in divorce cases if she is wealthy herself and is able to maintain her lifestyle despite the estrangement. The recent judgment was awarded by a division bench comprising justice AK Menon and justice AS Oka, while rejecting an application filed by a resident of Nariman Point, seeking enhancement of the alimony granted to her by a family court. The high court ruled that even after her divorce, there was no visible change in the woman’s lifestyle and she “continued to go on regular holidays abroad.” The division bench said this made her “ineligible for seeking any alimony, let alone an enhancement.” However, the bench decided not to interfere with the family court’s decision of awarding her the alimony of Rs25,000 each month.

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posted by Ashish Agarwal @ 1:01 AM    


Friday, June 21, 2013

The rudeness shown in the Kent water purifier advertisement ..



I was shocked the first time I saw the advertisement; it takes the concept of safety to a paranoid level and showcases a very rude behavior. For those who have not seen the ad, it shows Hema Malini and girls in somebody's else house, being served tea (remember that tea is boiled, which means that the water is also boiled). Hema Malini asks about where the water was taken, and when she heard that the water was taken from the water purifier of another brand, she refused to take the tea. This would be so humiliating for the person doing the inviting, and the gesture seems so rude on behalf of Hema Malini that it seems odd that somebody from the product company approved this advertisement, and how Hema Malini actually did this advertisement.
The concept of this advertisement was that the purifier from other companies could remove part of the impurities, but not all of them, and it is only Kent that could remove every form of impurity. Seems very prim and proper, but the utter rudeness of the behavior in the advertisement put me off the product. And this could be a big problem, since although not everybody would feel the same way, there would be enough people who would not like the advertisement, and hence would not buy the product. This is a fundamental problem with advertising, knowing where to draw the line between trying to push the product and evoking a negative reaction from a potential consumer.
The other problem of course is that it is pushing consumers towards an era where they would like water to be 100% pure. You might be able to do this at home, but what about when you travel somewhere or go to some restaurant, or travel in a train, or are served tea / coffee / some refreshment at somebody's house. Not everybody uses filtered water, there might be people who are just using tap water which is certainly not going to be as clean or pure as water that comes from a highly efficient water cleaning system. Even the bottled water you get when you travel on a train will not be so pure; and when you make your body such that it only gets used to very pure water, it will not be able to digest water from elsewhere.
I realize that the company is in the business of selling products, and for that, it needs to do everything, but consumers need to have an overall realization of their health. For most people in middle age, they certainly did not grow up by filtering their water or even boiling it, what to talk about using reverse osmosis filtering mechanism, and everything seemed fine. We were not sicker than people are now, and so I wonder about this mania right now for ensuring that everything is super-clean. 

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posted by Ashish Agarwal @ 2:37 AM    


Tuesday, June 18, 2013

Weird judgments - Madras High court judge rules that sexual relations means instant marriage



What kind of judgment is this ? Seems like an incredibly repressive judgment, and one wonders whether there will be any efforts made to overturn this judgment ? What is this judgment ? Well, a judge of the Madras High Court gave a judgment which effectively turned over years and centuries of liberalization, and said that if a man and woman had sexual relations, then in effect this meant that they intended to marry and hence should be treated as married. And if they had a sexual relationship, then this meant that they were married for all practical purposes and could approach the family court and get such a declaration (read more about this judgment):


In a ruling which might have a far reaching impact, Madras High Court has said if a couple in the right legal age indulge in sexual gratification, it will be considered a valid marriage and they could be termed as husband and wife. "..if any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," Justice C S Karnan said in his order. He said that marriage formalities of tying a mangalsutra, garlands and rings were only for the satisfaction of society. Either party could approach a family court for declaration of marital status by producing documentary proof for a sexual relationship.
There are numerous implications of such a judgment. One of the biggest one is that there will be a large number of people who will want to use this judgment to apply for marriage, and there could be a number of such court cases getting filed.
And what happens when somebody has a sexual relationship with more than 1 person, it is considered that the person is at liberty to decide which one of the persons to be deemed to be married to, or is bigamy (with multiple wives or multiple husbands) permissible.
What is the kind of proof that is permissible in the court to prove that a relationship like this happens ? 3D video proof along with semen and DNA proof ? Other than this, there are no clear confirmatory ways that the relationship to be proved in a sexual way.
What gives a judge the right to set their own policies as legal policies ? So far, even the Supreme Court has not gone this far in setting a sexual relationship to be a total life-changing event in the lives of 2 people. So how can a court go this far ? Further, the concept of having a willing and short-term sexual relationship is part of the essential right of an individual, to be governed more by social norms than by a legal context. We are not living in a harsh puritan country and do not need such laws.

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posted by Ashish Agarwal @ 9:23 AM    


Tuesday, September 22, 2009

The Congress campaign for austerity



This must have been the shortest austerity campaign in recent times; the Congress Government, in a measure to try to get some political points, decided to try and make a show of an austerity program. Hence, 2 ministers were evicted from their hotels (even though they were apparently paying for their stay out of their pocket) and told to stay in the State Guest houses, ministers were told to fly economy (and the whole country had fun when the apparent discussion inside the cabinet where many opposed this campaign was exposed); then you had the spectacle whereby Sonia Gandhi and Rahul Gandhi went by mass consumer transport - Sonia Gandhi by an economy ticket, and Rahul Gandhi by train. It was soon that the press highlighted the costs, with many more tickets booked inside the plane and train for security reasons. Further, there was grumbling about how SPG security is based on surprise trips where no one knows the exact transport, and here there were press people along with Rahul Gandhi.
The press took up this campaign in right earnest, with the first fun involving a Congress MP on the same flight as Sonia Gandhi, who had to give up his first class seat in order to come back to economy. And then the press took up the actual costs that politicians spend on their office, on their vehicles, and so on, to the extent that the Government would have regretted going on such a campaign. None of our politicians of the day are the renunciation type, the saint type, and all of them like their luxuries.
In some cases, it is downright foolhardiness. When a Minister goes abroad for a conference or a discussion, you need the Minister to be rested and relaxed, now bone-weary after multiple flights cramped in economy.
The biggest problem is that instead of focusing on areas where the Government can really save money, it is looking at cosmetic show effects. If the Government were to focus on leakages in social sector programs such as the Employment Scheme, the PDS, do project completion in time and without cost over-run and try to reduce the corruption endemic in the Government, it could save incredible amounts of money. But there is no gain in taking such an effort, that removes money from middlemen down the line.

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posted by Ashish Agarwal @ 11:59 AM    


Tuesday, September 15, 2009

Preparation for the Commonwealth Games - how good are we ?



First of all, it is difficult for an individual to really find out what the current state of the preparation for the Commonwealth Games is ? The current reality is that there is work needed to be done at various fronts - the Delhi Government has set in process a huge amount of infrastructure improvements to give the city a modern feel and look. This includes improvements to the transport infrastructure (new roads, modification of roads to reduce jams and increase speed of transport, more metro stations), improvements to the existing stadia to make them capable of handling huge international sports (for example, the Indira Gandhi Indoor stadium leaked a couple of years back when there was an international badminton event), provision of adequate power, housing, and water supplies.
There are multiple levels of responsibility in all this - there is an Organizing Committee of the Indian Olympic Association headed by Suresh Kalmadi, and of course the Delhi Government headed by Shiela Dixit is responsible for the progress of the various infrastructure initiatives. It is worthwhile to remember that one of the biggest problems quoted for infrastructural project cost over-runs in the past is poor project management. I stated in the beginning that it is difficult for an individual to assess, however, there are many other authorities who do take such assessments, and it is hard to determine whether we will follow the time honored method of Just in Time, or will there be a comfort margin before all these efforts are done.
There was a CAG report that stated that the efforts were behind schedule, the media does evaluations from time to time, and in most of them, the efforts are behind schedule, and in fact, from their own project plans, the effort is behind schedule. However, the duo of Suresh Kalmadi got seriously worried when a similar accusation was made by Commonwealth Games Federation President Michael Fennell. He wrote a letter in which he wanted the Indian Prime Minister to get involved to help get this effort on schedule (link to article):

Reacting to Fennell's outburst, Dikshit said she would use every means at her disposal to make it a success, while Kalmadi announced that he would facilitate the CGF chief's meeting with the Prime Minister. Exuding confidence that everything would fall in place, Dikshit said the Delhi Government would complete all work "well in time" although it was little "nervous" about the preparation.
On the recent criticism by the CAG about slow progress of the infrastructure projects, Dikshit said the audit body had prepared the report last month based on status of works six months back. "They have the right to criticise. But we are working very hard. We are looking at all alternatives. Nation's pride is involved with the event and we will do everything possible to make it a success," she said.


By the Delhi Government's own admission a couple of years back, there will be no augmentation of the power generated specifically for Delhi, so this would mean that the Government will have to buy power at that time to ensure that there is enough energy for the Games sites and the Games Village.
In addition to the above problems, there is also the problem of not enough capacity available for the expected inflow of guests. The Commonwealth Games are expected to pull in a huge number of tourists and there are not enough rooms as per the projected demand. And on this end, there are no details available either.
What is the solution ? The Government spent 5 years realizing that the pace of development of the country-wide network of roads had slowed down, so not sure whether there will be an increase in the intensity of work. My expectation is that in the last few months, there will be a escalation of the pace of work, and we will just make it in time, with a few loose ends in terms of infrastructure, and for the rest, in terms of better road connectivity for the participants, the Delhi Police will chip in terms of routing traffic so that the traffic is suitable for the Games, the normal man getting screwed will not matter.

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posted by Ashish Agarwal @ 11:12 AM