Friday, April 17, 2009
Afghan law that allowed rape in a marriage to be reviewed
Inter-linked in all this is the concept of sexual relations in marriage, and what are the duties / obligations of each partner in a marriage. Policies have slowly evolved that the concept of force has been recognized as not valid; if a partner forces the other partner to submit to a sexual relationship by force, then it is now recognized as rape. However, recent events in Afghanistan changed this entire understanding.
Recently, a law was passed in Afghanistan for the minority Shia population that legalized rape within the marriage, allowing the husband to force the demand for sexual relationship within the marriage. The passage of this law outraged people all over, with women's rights groups in Afghanistan protesting the passage of the law; more significantly, western backers of the Karzai Government were outraged and gave public statements demanding withdrawal of the law. All this pressure has finally resulted in a statement by the Afghan President that the law will be revised and brought into conformance with the Afghan constitution and with the Sharia (link to article):
# Afghan law appears to let a man to have sex with his wife even when she says "no"
# Karzai tells CNN he, others unaware of the provision due to the amount of legislation
Karzai told CNN's Fareed Zakaria that he and others were unaware of the provision in the legislation, which he said "has so many articles." Karzai signed the measure into law last month. "Now I have instructed, in consultation with clergy of the country, that the law be revised and any article that is not in keeping with the Afghan constitution and Islamic Sharia must be removed from this law," Karzai said.
The bill languished in the country's parliament for a year-and-a-half before it was recently pushed through in what one legislator called a "chaotic" vote. Women from various parts of Afghanistan marched in the capital Wednesday to protest the law, which has also been criticized by human-rights groups and Western leaders, including U.S. President Barack Obama.
For now, the measure has been beaten back, but measures to lift women's rights will take time, and many reverses before they can take root, especially in a backward society such as in Afghanistan.
Labels: Afghanistan, Law, Review, Rights, Women
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Friday, February 06, 2009
Misuse of dowry laws
A lot of this dowry expectation is now baked into society, and there do no seem to be any easy solutions (people giving dowry expect that this is the price they need to pay to get their daughter married, and those demanding dowry do not care that such expectations are illegal in law). To make the scale more even, the Government of India has introduced a number of laws that seek to even the scales, and empower women. However, in trying to even the scale, the laws give a lot of power to women, and in some cases, there has been misuse. There have been many reported cases where the threat of usage of such laws (and consequent police action) is used as a level to force settlements; it has been pointed out in court cases and by many pro-male organizations. And when the Chief Justice of India points this out, you can be sure that this is a deep matter of concern:
Dealing a blow to women's rights activists who have been stringently defending the Section 498A provision of the Indian Penal Code, Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused'. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. "In some cases, 498A is grossly misused,'' he said. Balakrishnan was speaking at a seminar, `Marriage laws -- issues and challenges', organised by the National Commission for Women.
The IPC section allows for immediate arrest of the husband and in-laws by the police on the basis of a woman's complaint and has been controversial.
The various laws that were supposed to empower women, even though trying to balance the scales, do not maintain the old adage of all people being equal before the law, and that everyone is presumed innocent until proved guilty. Unless the law allows for a better investigation and penalties for misuse, misuse will continue.
Labels: Discrimination, Dowry, Investigation, Judicial, Law, Police, Reform, Responsibility, Review, Welfare, Women
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Friday, June 13, 2008
The criticality of auditing social programmes and violence
However, this should not be so. From time to time, the Government announces (mostly falsely) that there will be much greater inspection of the implementation to ensure that leakages are stopped. But more than the Government, there are social activists who are encouraging villages and the logical recipients of such aid to be more vigilant, to use laws such as RTI, and other measures such as social audits. Going against entrenched measures will lead to backlashes from those who stand to lose out their ill-gotten gains. Such is to be expected. However, it is the duty of the state to protect such audits and awareness, to provide all security measures, from policy statements by ministers at all levels and messaging through the arms of the state (babus, local politicians), and act strictly and firmly against people who seek to subvert such acts. But consider this article, and see whether the Government is doing things in the right manner:
The thousand-strong gathering at the Theological College grounds in Ranchi on June 10 had no doubts over why Lalit Mehta was killed. The 36-year-old engineer turned activist, had no personal enemies or battles. All he had done was access National Rural Employment Guarantee Act (NREGA) expenditure records for researchers verifying official records against field data. On May 14, a day before the planned Social Audit of those works, he was brutally murdered.
The NREGA has provided an entitlement for the first time. The RTI has given a tool to uncover corrupt practices. The Social Audit is a mandatory process, under the NREGA Act, giving the people a chance to establish the truth and push for change. For the first time a corrupt mafia is threatened by a legally mandated process, which looks at details and places irrefutable documentary proof in the public domain. The corrupt nexus is reacting with pre-meditated, calculated violence.
If you read the article by Aruna Roy and Nikhil Dey, this will leave you shaking in disbelief. There are incidents where the local administration (influenced no doubt by vested interests), is acting against people who are trying to create the awareness, and the Government, with all its statements for the 'aam admi', is standing still and refusing to take the measures that are subverting its own political campaigns. In the end, when people see corruption and do not see measures reaching them, they blame the political party. Does it not surprise the Congress that all these measures are not getting them political votes ?
Labels: Community, Corruption, Development, Education, Empowerment, Governance, India, Investigation, Law, Police, Policy, Politics, Reform, Review, RTI
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Sunday, May 04, 2008
How long is justice delayed a miscarriage of justice ?
Well, get this - the incident happened in 1982, yes you read it right, the murder conviction and sentencing happens 26 years after the incident. And this was after there was an effort by the nonagenarian father of the victim and an admonition by the High Court to speed the trial up. Read this article and the excerpt for more details:
The conviction ended the agonizing wait of the victim's father for justice. H D Sikand, the owner of car showroom Sikand Motors in the capital, made rounds of courts for more than two decades, waiting for the case to conclude. On Monday, however, the 98-year-old could not make it to court due to ill health. His grandson, Sanjay, called him up seconds after the judgment. "I was sure one day justice will prevail. Now I am at peace with myself," Sanjay quoted his grandfather as saying.
Krishan’s plight was first brought to light by TOI which had reported last year how a 98-year-old man was forced to move Delhi high court to press for his right to speedy trial. The protracted trial got entangled with the day-to-day hearings of the Uphaar fire tragedy case which was also being conducted by judge Mamta Sehgal. The judge had, in fact, cited her pre-occupation with the Uphaar trial as the reason behind the delay in this case. It took a nudge from the HC, which asked the judge to ‘‘spare time before lunch’’ to finish the hearings, for the Sikand trial to conclude on Monday.
So even though the victim and his family finally got closure, one can argue as to whether this is really a legal system that works ? After 26 years of the crime having taken place, the sentence is finally delivered. And to do the same, the father of the convict has to put in a lot of effort. Such a long time would tire out the most patient of people, and in many cases, the people who are struggling like this either back out, or in many cases, actually die.
Speedy legal justice helps in preventing influential accused from perverting the system, or from getting witnesses bought off, and also assures society that criminal acts can actually be punished fairly quickly. We need a legal system that can do that; and there are many studies and commissions that have recommended measures that can do that
- Fill in judicial vacancies faster
- The Government is involved in a large number of cases, and can reduce the number of cases by settling many of them
- Use the recently activated system of plea bargaining to resolve cases
- Have more courts such as the evening courts introduced by Gujrat
Labels: Court, Governance, Judicial, Law, Punishment, Review
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Wednesday, April 23, 2008
Pressure on Gill to resign as Hockey Chief
The Government also shrugged its hands and claimed that it could not intervene due to non-interference in the activities of a sporting body, a claim that almost nobody believed. But this is how the matter rested, since Gill refused to step down and nobody else could force him to. This is how matters rested till a sting operation by a TV channel showed the powerful Secretary of the IHF (K Jothikumaran) accepting a bribe to get a player into the squad in a most shameful display; he was forced to step down. And this is when another Gill (MS Gill, the new Sports Minister) started applying pressure on KPS Gill to step down:
A day after Indian Hockey Federation secretary K Jothikumaran quit in disgrace, with a news channel showing him accepting a bribe for selecting a player in the national team, the heat turned on IHF president K P S Gill. With sports minister M S Gill and a host of MPs on Tuesday calling for his head following the fresh scandal, the IHF chief's stated desire to continue as the helmsman of Indian hockey at least till 2010 now seems to be a pipe dream.
Meanwhile, the Indian Olympic Association has convened an emergency meeting of its executive committee on April 28 to "take necessary action in the interest of sports". IOA president Suresh Kalmadi said he would meet the sports minister over the issue.
The claim is that the Federation is independent of Government control and hence the Government cannot force changes in the officialdom. This is hogwash, the Government can easily take action if a person is found to be non-performing and causing a game that we call the national sport to become a non-happening event in the country.
Labels: Hockey, India, Responsibility, Review, Sports
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Tuesday, April 08, 2008
Delhi's BRT and adverse public opinion
For such a radical scheme, one would expect that the Traffic Police would have been very enthusiastic, however, the Traffic Police have always been against this entire proposal. What the planners were trying to create was to separate the traffic into 3 lanes, one dedicated for buses, one cycle and slow moving lane, and one lane for normal traffic (cars, etc). Ignoring the fact that the road gets narrow in parts, and that the amount of traffic would over-whelm such narrow lanes, the Government has faced intense criticism, and yet had turned a closed ear to all such criticism.
The whole construction phase had been marred by shoddy project management; with improper markings, constructions material left here and there, no staff to warn users, etc. People have been killed on this stretch due to material left on the road.
And yet the Government wanted to enhance the plan to make 6 new corridors, and after initially announcing that there would be a wait to see the experience of the first corridor, the Government announced that it would no longer wait, and start work instead. It is only now that there is a level of worry setting in as to how this new corridor would work, and an inquiry by a Parliamentary panel is bound to increase the worry:
With a stubborn government going ahead with the Bus Rapid Transport system, disregarding growing unrest against the project, a parliamentary panel has stepped in to put tough questions to patrons of the controversial plan.
This acquires significance because the BRT-obsessed planners cannot shrug off the Marxist MP's comment as elitist and pro-rich, their standard refrain in response to calls for a fresh scrutiny of the project which has wreaked havoc on busy south Delhi arteries. Yechury also refused to buy the line of BRT managers and the Delhi government that the huge inconvenience to people because of traffic disruptions was the price the city had to pay for a better public transport system.
The BRT advocates have, invoking the class warfare narrative of the 60s, made light of the problems facing users of private vehicles on the BRT corridor, saying these could, in fact, help decongest city roads by prodding people to switch to public transport.
The BRT corridor project has showed how arrogant the Government can be, totally disregarding a large amount of expert opinion, and inflicting immense hardship on the city's commuters. Users have in the past, as for the metro project, taken such hardships in their stride, but not for the BRT project. The Government has not been able to convince the traveling public of the utility of this project, and one feels, not even tried.
Labels: Responsibility, Review, Road, Traffic
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Saturday, September 15, 2007
Creating terrorists where none existed
But it looks like these set of people in the security forces did not hear about all these problems:
The CBI has found that Intelligence Bureau operatives colluded with Delhi Police special cell sleuths to 'plant' RDX on two youths who were arrested as 'Al Badr terrorists’, TOI has learnt. The shocking conclusion comes a month after the agency told the Delhi High Court that the special cell’s probe into the murky affair "didn’t inspire confidence".
Top CBI sources told TOI on Wednesday that the seized RDX appeared to have been planted on the two 'terrorists' Mohd Moarif Qamar and Irshad Ali. The agency will submit its report, which indicts officers of IB and Delhi Police special cell, to the court on October 24. While similar episodes in the past have hurt the credibility of the anti-terror agencies, this one stands out because it marks a rare instance where Intelligence Bureau operatives collaborated in the plot hatched by Delhi Police’s special cell against its former informers.
Even though one can sometimes have some sympathy for these security personnel because of the intense pressure on them to show results, these actions only tend to increase disaffection and not bring any benefit either in the short-term or long-term. The Home Ministry & Defence Ministry need to again reinforce the message of not going in for these kind of frame-ups.
Labels: Law, Police, Punishment, Responsibility, Review, Security, Separatist, Terrorism
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Friday, September 07, 2007
Sting operations and lies
Take for example, the very thing that is most famous nowadays, sting operations. In a country such as ours where the corruption level is very high and present at all levels, there have been many sting operations that have helped immensely to expose the rot and corruption - examples being the Tehelka exposes, the cash for questions MP scandal, and numerous other smaller scandals where a hidden TV camera exposes the corrupt and showcases the corrupt person on prime TV.
However, in the US and other Western countries, any such expose or sting operations by a major media entity is fully vetted before proceeding, with confirmation being received before publishing. However, in the current case of the sting operation involving the teacher, it seems very obvious that in the crowded world of TV channels, people are willing to let confirmation and proof go by. What is more important is the scandal. And that is precisely what seems to have happened when a TV channel allowed a reported to carry out his own revenge in the name of a expose:
Delhi Police on Friday detained for questioning a TV channel reporter who conducted a sting operation on a government school teacher in an attempt to show that she was running a prostitution racket.
The channel had aired the sting operation on August 30 which purportedly showed the woman telling the reporter that Khurana had allegedly filmed her in "compromising position" and had forced her into prostitution.
After viewing the full version, the police appears to have concluded that the lady was in fact framed by the channel reported to carry out a person vendetta, and he along with his helpers have been arrested. One is not so sure as to what happens next, but it is a fact that the reputation of the lady, Uma Khurana has been dragged through the mud, she has been mishandled by a crowd, and has been fired from her job.
The last part was all the more surprising. In a short panel meeting coordinated by the education minister based on viewing the tapes, she was actually dismissed from her job. Just goes to show how seriously our panels take their job, and how quick politicians are to latch onto something that they see as a public cause.
Labels: Education, Investigation, Morality, Police, Punishment, Responsibility, Review
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Saturday, July 28, 2007
Supreme Court CJ proposes increase in judges
The judiciary as well as prominent legal experts have been highlighting for some time that there are essentially 2-3 reasons for this huge number of cases;
- The Government is a ligitator in a large number of cases and does not try to do anything to clear this backlog or withdraw the frivolous cases
- India does not have the system of plea bargaining and the concept of out of court settlements that help reduce the number of cases in the system
- India suffers from a problem of a large number of judicial posts lying vacant at all levels, and somehow the overall impression is that the Government is not serious in trying to overcome this backlog
So, in a function to lay the foundation stone of a new court building, the new Chief Justice of the Supreme Court laments the same issue about the vacancies judicial system, and the need to actually increase the number of judges in the system:
Laying the foundation stone for a combined court building in Chennai, the Chief Justice said he had received recommendations from various courts for increasing the number of judges and he has a proposal to increase the strength commensurating with the number of pending cases in each High Court.
The number of cases pending in the High Courts were 48 lakh and in the Supreme Court it was 31,000. The backlog of cases was the major problem faced by the courts in India. The reason for the pendency of cases was allocation of insufficient funds to the judiciary, he said. While the Delhi government allocated one per cent of the total budget to the judiciary, the average allotment in other states was zero point 78 per cent, the Chief Justice said.
This is a serious issue, but one that has remained open for a large number of years. Various law ministers have proposed solutions over a period of time, but no one has actually taken concrete steps to do something. The mess in the Indian judicial system is one that should be a high priority for the country, but nowhere do you read this being mentioned as problem of high priority. Occasionally it comes up, but there is just not the desired focus in a way that would prod the Government to actually do something.
Labels: Court, Governance, Judicial, Law, Reform, Responsibility, Review
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Sunday, July 08, 2007
Police inaction in the Pooja case in Rajkot

Quite a few people would have seen this photograph in their morning paper (TOI) from a few days back, and been shocked by it. In a conservative city such as Rajkot, such a form of protest would be all the more shocking.
The facts of the case are about a married woman making allegations of dowry and harassment against her husbands and in-laws in her marriage of 3 years (that too, after a love marriage). She alleges that the police have not acted on her complaints, of course without adequate proof, it is difficult to confirm, but it is quite likely that such a thing would have happened. Read about this:
Conservative Rajkot went into convulsions on Wednesday when alleged mental and physical abuse by her husband's family drove a 22-year-old woman to strip to her underwear and walk through the city in protest. Pooja Chauhan said she had taken to this unique protest after being constantly harassed for not bringing dowry and bearing a girl-child.
Sources said police inaction on her complaints had driven her to stage such a protest. "When her complaint against her in-laws failed to evoke any response, she tried to immolate herself at the office of the police commissioner last Friday but police personnel stopped her," said a source in the commissionerate.
It is not hard to believe that such a thing could happen. The police force in our country has stopped being an effective instrument of law and order, acting only when they are prodded by the courts, or by massive public pressure. Left to themselves, they will act as per politicians, or as per whichever party to a case can provide them more benefit.
Just to say that nobody can really comment on the case till things are very clear, there was another report on the same issue, this time about a previous case where also the police did not act. This case was filed by her husband the previous year,
In what is being seen as a damage control measure by the police, an application against Pooja Chauhan, filed with the police on April 12, 2006, by her husband, surfaced on Saturday.
The 'freely' distributed application by her husband, Pratapsinh, however, had not evoked any interest then among the cops concerned, who had recorded his statement and then forgotten about it. It is the content of these applications, which have raised doubts among many here about the twist being given to the Pooja case.
Without going into details about the case, it is noteworthy to evaluate that such things would have been getting repeated on a periodic basis in police stations across the country, where police either do not file FIR's, or file them and take no action, or take action when they are either prodded to or paid to (although action could be a negative action).
How do we get out of such problems ? We need to make the police more accountable, and that is the crux of the problem. Currently, the police is not accountable except where politicians are involved or some major case has a media spotlight. We need to make sure that states are signing up to the Supreme Court mandated police reform as a first step, and then an oversight mechanism can be setup to make the police be more of a people's force rather than a law unto themselves.
Labels: Community, Corruption, Dowry, Governance, India, Law, Morality, Police, Reform, Review, Welfare
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Saturday, February 24, 2007
Eklavya - a review
I just sat through a morning show of Eklavya. A pretty interesting movie, pretty taut. And it had only one song, and that too a short song. The last movie based in Rajasthan that I watched was Paheli, which had too many song and dance sequences; in that respect, the time that I spent watching Eklavya was well spent.
Now I am an amateur student of cinema. What that means is that I have not done any kind of studies about the art of cinema, so if I get over-enthusiastic about some part of the movie, keep in mind that this is from an amateur mind. The movie is pretty short, it started at 11:58, and including a short break, ended at 1:45. Not more than 1 hour 45 minutes long.
Now about the movie itself. It is about the palace guard, who is responsible for the safety of the 'rana' (essentially the prince of old, and now in a democratic India, more of an important personality held in awe and respect by the surrounding people). This protection job has been in the family for nine generations, and they hold this job in great respect and tradition. The current holder of this position is 'Eklavya' (Amitabh Bachchan) who is getting old, and unable to see properly in strong light, but who has excellent hearing. He is dedicated to the whims and fancies of the rana (Boman Irani).
He is actually more devoted to the family than you would care to think, being responsible for fathering the heir to the line when the rana is unable to do his duty. The rana does not discover this until the queen is on her deathbed, at which point he gets incredibly jealous and angry.
It is at this time that the whole sequence starts to spin-up. The movie pulls in the son (Saif Ali Khan is considered the son of the rana and in reality of Eklavya), and the repressed and greedy brother and nephew of the rana (Jackie Shroff and Jimmy Shergill, respectively, in short roles).
There are a whole lot of conspiracies ongoing, finally resulting in the deaths of the rana and then his brother and nephew. Vidya Balan plays the role of Saif Ali Khan's love interest, but one gets the feeling that such roles are not going to do anything for her, since she really does not play a significant role.
The movie essentially revolves around the characters of Eklavya and Yash (Saif), but since the movie is so short, there just does not seem enough time for the characters to develop. For example, a bit more about Jackie Shroff in the movie would have been helpful, since that would have helped in depicting his character in more detail. In addition, Sanjay Dutt plays the role of a DSP (although I think in the scenario, an inspector role would have been better). The way his role is shown somehow does not depict a DSP. His role is essentially that of a person who made his way up from rags, and who does not forgive the rana for the way he and his ancestors have mis-treated the untouchables.
Aside from all this, I loved the cinematography. The shots were incredible, in fact, if for some of them, I could get still posters, I would love to have them and put them up on my wall. The scene with Amitabh showing off his knife throwing prowess was great, but it ended up feeling a bit stretched at the end. Again, the scene with the train and the camels and guns was good, but somehow, it did not have the proper tautness in the scene. That part just did not seem slick enough. But if the trend is towards making such a slick movie, then I am all for it.
Overall, a good movie, and I would certainly see it again (as my wife did, since she was watching it for a second time). Buying the DVD later may just happen.
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