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14/08/2014

NEW DELHI: A daughter-in-law has no right to continue to occupy the self-acquired property of her parents-in-law against their wishes, the Delhi high court has held in a significant order.

Justice A K Pathak in a recent verdict, made it clear that a self-acquired property doesn't fall under the definition of a "shared household" enunciated in the Domestic Violence Act and a daughter in law can't enforce her right in such a property.

In fact, HC went a step further, holding that even an adult son or daughter has no legal right to occupy the self-acquired property of the parents against their consent.

"Daughter-in-law cannot assert her rights, if any, in the property of her parents-in-law wherein her husband has no right, title or interest. She cannot continue to live in such a house of her parents-in-law against their consent and wishes. In my view, even an adult son or daughter has no legal right to occupy the self-acquired property of the parents; against their consent and wishes. A son or daughter if permitted to live in the house occupies the same as a gratuitous licensee and if such licence is revoked, he has to vacate the said property," the court noted in its order.

HC was hearing an appeal by the daughter-in-law against a trial court's verdict directing her to hand over peaceful and vacant possession of the property to her estranged father-in-law. In her plea in HC the woman said she is a legally wedded wife and has a right to live in the property from where her father-in-law wants her evicted.

She claimed that the property was purchased out of joint family funds. Accusing the father-in-law and husband of harassing her for dowry, she informed HC that she is living separately from her husband due to matrimonial discord and divorce proceedings are on. Under DV Act, the property is a shared household where she has the right to reside, the wife maintained.

But the father in law through advocate Prabhjit Jauhar told HC that he is sole owner of the self-acquired property. Jauhar also convinced the court that the property was not purchased from joint family funds and his son had no share in it.

The father-in-law furnished before the court proof that he disowned his son in 2010 who has since then been living separately.

Justice Pathak concluded that the legal position "which can be culled out from the above reports is that the daughter-in-law has no right to continue to occupy the self -acquired property of her parents-in-law against their wishes more so when her husband has no independent right therein nor is living there, as it is not a "shared household" within the meaning of Section 17(1) of The Protection of Women from Domestic Violence Act, 2005."

HC also took into account lack of evidence to show that suit property was purchased from joint family funds.

19/05/2014

FORENSIC TECHNIQUES AID ARTIST IN DEPICTING DOMESTIC VIOLENCE -HERALD 09.05.2014

PTI NEW DELHI: Forensic techniques used to track domestic violence are transferred into an unique printmaking form by artist Nadia Kaabi Linke, whose recent work spotlights stigma, abuse and inequalities faced by women worldwide.

" I was developing a method of taking prints and I got interested in domestic crimes. I realised that this type of crime doesn't seem to be restricted to social stereotypes.

It happens in all social classes and is not linked to gender or s*x," Linke told PTI in an email interview.

The Tunisian- born artist was represented by Kolkata- based Experimenter Gallery at the second edition of the 5- day Art Basel Fair in Hong Kong, which began on May 14.

She won the 25,000 USD Discoveries Prize at the Fair for her artwork titled " In Confinement My Desolate Mind Desires", which employs Painting, Printmaking and Sculpture.

" It ( domestic crime) is a kind of universal derelict and at the same time it is hidden behind the doors of privacy. One could call it a blind spot of modern societies," Linke said.

In her work " Impunities" ( 2010) she displays an unique form of printmaking that the artist has been exploring for many years.

Using forensic techniques Linke takes bodily impressions of wounds and scars from women who have been subjected to domestic violence. These impressions are then transferred onto a series of 28 glass panels that " contemplate the darkness behind the seemingly transparent and normal relationships that we are conditioned to portray." " The idea for ' Impunities' came up while I was doing research about forensic techniques related to imprints. As my work is based on the gesture of taking prints I wanted to get into the method of recording trace evidences that are used in crime scene investigation environments," said the artists who now lives in Berlin.

Developed over months through personal interviews with abused women, married and otherwise, Impunities reflects on the confinement and suppression that social stigma, abusive relationships and gender inequalities enforce on women, all over the world.

" On this background I decided to use glass as material to conserve the fingerprint traces. Modern society seems to be organised by rationalism and one of its main goals is to achieve transparency in all fields to avoid corruption and repressions.

Glass is the perfect medium to refer to this ideal of transparency," Linke said.

" It's less about human suffering as about the conditions of suffering that give shape to our contemporary world," the artist said.

Using forensic techniques Linke takes bodily impressions of wounds and scars from women who have been subjected to domestic violence. These impressions are then transferred onto a series of 28 glass panels that ‘ contemplate the darkness behind the seemingly transparent and normal relationships that we are conditioned to portray’

09/05/2014

64 YEARS OLD GETS JAIL FOR USING FORGED DOCUMENTS

TNN | Apr 7, 2014, 01.26 AM IST

PANAJI: The judicial magistrate first class (JMFC), Ponda, has sentenced a 64-year-old Mapusa resident to two years imprisonment for the sale of ancestral property using a succession deed made with forged documents.

John Mervyn Anthony has been directed by the court to also pay a fine of 5,000.

The prosecution's case was that Anthony produced fake documents before the sub-registrar at Ponda and obtained a succession deed in his favour.

Thus acquiring the ownership of some ancestral property, including a residential house at Mapusa, he sold the same to different owners, the prosecution maintained.

During the hearing of the case, assistant public prosecutor Rajaram Dessai pointed out that the complaint was filed by Anthony's brother Edwin de Souza.

He further pointed out that Anthony had also been found guilty for the fake succession deed and property transfer by the additional sessions court, Mapusa.

The Mapusa court, he pointed out, has upheld the sentence passed against Anthony, earlier this year, by the JMFC court in Mapusa.

De Souza has stated in his complaint that Anthony allegedly produced forged and false birth certificates, marriage certificates and death certificates of his grandfather and grandmother to obtain the deed of succession.

Anthony's lawyer argued that his client was innocent and that the real culprits have not been punished.

Passing her judgment, judge Shamila Patil of the JMFC court in Ponda, held that in spite of being aware that all the documents were forged and false, the accused produced the same before the sub-registrar at Ponda and drew up the succession deed.

Based on this deed of succession, the property was sold to Narayan Mandrekar, the court noted.

The court convicted Anthony under IPC Section 471 (using as genuine a forged document). But it maintained that the prosecution had failed to prove Anthony's guilt under IPC Sections 465 (punishment for forgery) and 466 (forgery of record of court or public register).

Patil further observed, "Considering the age of the accused, that he is 64 years old, and that he is in custody for 22 months, in my opinion, the ends of justice will be served if the accused is given a set-off against his sentence."

08/05/2014

BAPTISM & MARRIAGE CERTIFICATES INVALID in BOMBAY & MAHARASHTRA

Posted on May 13, 2011 by The Voice Of Bombay's Catholic Laity


Baptism & Marriage certificates issued by the Roman Catholic Church in Bombay are not valid in Bombay Muncipal Corporation, District Collectors office or any Government department in Bombay and rest of Maharashtra.

Recently some eastindians (mobaikars) have urged the catholic church/clergy in bombay to include in the baptism certificate a caste column mentioning in the caste column ‘EastIndian’ so that it can enable EastIndians to get the OBC certificate from the district collectors office. But what purpose the caste column will serve when the Baptism Certificate is not valid in the district collectors office ?

Will the Bishop & the Parish Priests in Bombay write to the Maharashtra govt, MLAs, Ministers, Collectors, etc to pass a Govt. Resolution declaring the Baptism & Marriage certificates issued by the Roman Catholic Church as legal documents ? Unlikely. The Catholic Clergy of Bombay are pre-occupied with catholic school affairs, church property affairs and God knows what other affairs and they don’t have time to take up the problems faced by the laity with the Government. The catholics in bombay have also been loosing their lands to various government & private projects & projects involving free housing for slumdwellers but the Clergy simply turns a blind eye to the plight of the lay catholics who have been protesting & protesting against the rampant injustice.

A few decades back some American Ships which were in transit from bombay docks used to offload boxes of made in America canned foods and calcium, vitamin-c, vitamin-a & vitamin-d tablets to the catholic missionaries and the catholic missionaries through their mobile medical vans used to go in some of the catholic gaothans in bombay and distribute the American goods to the poor gaothan residents. Later on the Catholic missionaries stopped distributing American goods in the catholic gaothans and instead distributed the American goods to poor non-catholics living in slums. The Americans no more send their ships but they send millions of dollars in aid to the catholic missionaries which the missionaries use to set up Ashrams, dispensaries, etc only where the poor non-catholics live. News about missionaries being attacked by right wing hindu groups is nothing new but there will come a time when the poor catholics will also start attacking the catholic missionaries.

There a few catholic hospitals in bombay where our poor catholics have to run from pillar to post and beg with the catholic nuns & administrators to get concessional beds whereas the poor non-catholics are given prompt concession.

The tactic which the clergy in bombay have been using to refuse admission to children of poor and less influential catholics goes like this –When the poor or less influential catholics approach the parish priest (who is also the principal of the parish school) for admission of their children the parish priest says all seats are full inspite of the fact that only 5 or 10% of the seats have been occupied by the rich or influential catholics and 90 to 95% seats are still vacant which are obviously reserved for the middle/upper class non-catholics. Next the poor & less influential catholics go to other parish school for admission of their children the parish priest of that other parish says that they don’t give admission to catholic children from other parish. NA GHAR KA NA GHAT KA. Eventually the poor & less influential catholics are left with no option but to send their children to non-catholic schools.

Since majority of our catholics in bombay are poor, ignorant & disunited due to which they are unable to understand the game which the clergy & missionaries are playing.

Just because the catholic clergy don’t marry that does not mean they don’t have any family. They have their parents, brothers, sisters, in-laws, nieces, nephews, cousins, relatives and obviously the clergy share the church wealth with their family & relatives.

Because of the misdeeds, mischief, and corrupt ways of a few clergy the lay catholics are viewing all Clergy even the honest ones with suspicion.

The Church has always recognized that clergy bear a particular responsibility to pattern their lives according to Jesus’ example. Bishops, priests and deacons are regarded by the faithful and the world as examples of what Christian lives should be. Any moral offense by clergy is especially damaging because it betrays that trust committed to them by the Church to nurture and care for every member. Therefore, it is intolerable and morally wrong for a clergyman to exploit the inherent power and trust in his office to indulge in corrupt activities.

In recent years, however, it has become increasingly clear that some clergy have engaged in corrupt activities. Frequently, offenders have been sent on to another parish or diocese instead of expelling them from the catholic religious orders. When a govt. servant is trapped by the anti-corruption bureau accepting bribes the govt. servant is suspended from service and if it is proved in courts the govt. servant had indeed accepted bribes the govt. servant is permanently removed from service. Why is this same system not applicable to those clergy who are involved in corrupt activities ?

Priests have not paid even a single paisa for the Catholic Community or for the assets lay catholics have created. As members of the Parish the lay catholics have right to express their views afterall the Church, the graveyard, the parish hall, the parish buildings, the parish school, etc were built on the lands & money donated by lay catholics ofcourse the vacant church properties in possession of the church were also donated in the past by childless catholic couples. The total market value of all the vacant properties in possession of the catholic church in bombay runs into thousands of crores.

Convert the Church lands and properties as a Cooperative Society and let laity be joint owners of the properties and let the lay catholics be given their share of profit. Dismantle the present set up registered as Trusts just to dodge the laws of our country. In the name of religion the clergy are running a profitable business, as proprietors and dictators. It is people’s money. So let people be the beneficiaries. The clergy are merely a servant of the people as envisaged by Jesus.

During a recent conclave of lay leaders in Mangalore One retired catholic judge has claimed that in the state capital Bangalore alone various churches have sold property worth two billion rupees during the past decade and he has demanded from the Clergy to disclose for what purpose the money was utilized. If this same judge had to do some research on how much church property has been sold in bombay in the past decade he would most probably come with a figure of Five billion rupees. The retired judge has also claimed that 98.7 percent of Church members are lay people, but decision-making power rests with the clergy who number only 1.3 percent. The judge also accused the Clergy of doing nothing to help victims who lost lands to the Mangalore Special Economic Zone. Around 97 percent of them were poor Christians who lost agricultural land “for the benefit of rich industrialists,” he said. Encouraged by the retired judge speech other lay catholics also voiced their opinion one of whom said India has some 7,000 parishes and each parish collects an average 2.5 million rupees a year. Responsible lay people should object and question the way the Church handles people’s money. The conclave resolved to create a national network to pressure the clergy into sharing power with the laity.

Today the lay leaders in Bombay & Mangalore have voiced resentment of the Church’s centralized control and demanded a greater say in how the church is run next the laity in Goa will also start voicing their opinion and eventually the laity all across India will demand a greater say in the running of the church.

The Examiner magazine has been around for many decades but it has not been able to empower the bombay laity. The content of the Examiner magazine is such that not even 2% of the bombay laity bother to read that magazine.

What the catholic youth and the working class catholics in bombay need is a well-informed, comprehensive monthly Catholic news magazine which can empower them with new ideas with new vision with new mission which can enlighten them to improve their health, wealth, education, jobs, career, housing which can enlighten them on how some parish priests are selling away vacant church properties without informing laity, on how some parish priests are refusing admission to children of poor & less influential catholics in parish schools, on how some parish priests are misusing church funds, on how some traitors among the lay catholics are supporting the corrupt activities of clergy, etc. There are some lay catholics who would like to setup such a magazine the biggest hurdle is the Clergy will not allow the sale of such magazine near the church afterall the Clergy would not like a magazine which empowers the laity with TRUTH.

The pope recently warned parents against giving children celebrity-inspired names and urged them to turn to the Bible for inspiration instead. The pope also said in a recent homily that “every baptized child acquires the character of the Son of God, beginning with their Christian name, an unmistakable sign that the Holy Spirit causes man to be born anew in the womb of the Church. A name is an indelible seal that sets children off on a lifelong journey of religious faith”. The baptismal name should give a person a Catholic identity and it can be a powerful motivating factor, giving a “purpose and direction” to his or her life, he said. In India there are some Bishops, Priests & Lay catholics who have hindu names. The CBCI has not yet issued any statement on whether these bishops, priests, laycatholics should continue with their hindu names or change their hindu names to catholic/christian names.

One widely circulated newspaper in bombay regularly pumps articles on how the builders lobby are flouting all rules and regulations and how the builders lobby are assisted by the bureaucracy, bmc building proposal dept, mmrda, fire brigade, maharashtra states urban development dept, town planning dept, collector office, mlas, corporators, mps, etc but this same newspaper in one of its Saturday supplement is full of advertisements from the builders lobby.

The new development plan for bombay is under preparation expect the builders lobby to get more land, more concession, more fsi, more tdr, more open spaces, more mangroves, more saltpan lands. A decade from now during every monsoon even a 15 minute of normal rain will result in water logging & traffic jams and during the winter expect 30% water cuts and during the summer expect 50% water cuts and god forbid if there is an earthquake or a tsunami or a cloudburst expect a million people in bombay to kiss goodbye to life.

The BMC invites local & foreign firms for suggestions on the development plan for bombay but the BMC does not invite civic – environmental – rti activists for suggestions on the development plan for bombay.

We live in confusing times. Secular society bombards us with messages promoting philosophies, positions and products. These claim to be the right answer, the best solution, the ultimate path to a happy and fulfilling life. Yet we often end the day with a feeling of emptiness and uncertainty about what tomorrow will bring and how we will survive it.

Jorge Monteiro
Bombay – Mobai – Mumbai.

08/05/2014

herald newspaper 08052014

SC: 19( 1) deciding factor not 21 & 21A

Article 19( 1)( a) of the Constitution includes the freedom of a child to be educated at the primary stage of school in a language of the choice of the child and the State cannot impose controls on such choice just because it thinks that it will be more beneficial for the child if he is taught in the primary stage of school in his mother tongue.

Article 21 and 21A does not determine choice of MoI The court first outlined the articles: “ Under Articles 21 and 21A of the Constitution, therefore, a child has a fundamental right to claim from the State free education upto the age of 14 years such free education which a child can claim from the State will be in a manner as the State may, by law, determine.

The child cannot claim as of right under Article 21 or Article 21A of the Constitution that he has a right to choose the medium of instruction.

Supreme Courts’ conclusion: A child, and on his behalf his parent or guardian, has the right to choose the medium of instruction at the primary school stage under Article 19( 1)( a) and not under Article 21 or Article 21A of the Constitution.

Parrikar’s view The issue would come under section 21 A, which says ‘ free and compulsory education is as per policy determined by the State’. Supreme Court order

06/05/2014

MANDATORY KANNADA EDUCATION IN VIOLATION OF FUNDAMENTAL RIGHT: Supreme Court

News Network

Bangalore, May 6: In a landmark judgement, the Supreme Court on Tuesday ruled that the government cannot impose a particular language, including mother tongue, for teaching children at the primary education level. The apex court also struck down a Karnataka government order imposing Kannada language as the medium of instruction in all primary schools of the state.

A five-judge Constitution Bench, headed by Chief Justice R M Lodha said that the state cannot impose a language on a child and such a compulsion could be violative of fundamental rights of the children and their parents. This highly emotive issue is likely to create more controversy across the state.

The Karnataka Government had filed an appeal against the division bench judgment of the Karnataka High Court in the Supreme Court.

An association of private schools had been fighting against the imposition of Kannada as a main language or medium of instruction in primary schools.Their advocate KV Dhananjaya argued that they were not questioning the greatness of Kannada or its primacy in the state. They maintained that the knowledge of English is very essential and the children should not be deprived of it. During the hearing, advocate Dhananjay, representing more
than 1,800 private unaided English medium schools in Karnataka, told the Bench how language is not ingrained in the human brain and teaching in the mother tongue in primary classes cannot do much to improve career prospects.

"The Government wholly errs when it assumes that a parent's preference for English medium education is a rejection and devaluation of Kannada language. Kannada is a language of immeasurable greatness. A child could learn through English medium in his school and still be perfectly wedded to Kannada culture and hold it with the greatest respect and regard,"
Dhananjay said.

Citing the example of Nagaland where 90 per cent of the population is declared as Scheduled Tribes and English is the preferred medium of instruction, Dhananjay said, "Today, 51 per cent of all children in India in the primary education system are enrolled in Hindi medium. Then comesEnglish medium, which has 11 per cent."

"If English cannot be protected by the courts because it did not originate in India, what about the religions of Islam and Christianity? These religions did not originate in India. Are not these two religions entitled to protection?" he questioned.

Countering his arguments, Karnataka Advocate General Ravi Varma Kumar
stressed that the state had the Constitutional obligation to provide
instructions to people in way of regulation.

Citing various provisions, Kumar told the Bench how important it was to protect minority rights and institutions. "Primary school language should be one's mother tongue and not English, for, English is an alien language," he said.

"The state has the power to regulate and the right to oppose restrictions is the right of the state," Kumar said, concluding his arguments.

According to 'Legal Junction' in 1982, Government of Karnataka issued an order thereby prescribing that Kannada shall be the sole first language from 1st standard of primary school itself. The order was challenged before the High Court, which held this as unconstitutional. Thereafter, in 1989, State Government, vide an order, made "mother tongue' as the medium of instruction at the primary school level. Along with this, State Government made it obligatory for one to take "Kannada" as second language, if the same has not been chosen as the first language. The 1989
order was challenged before the Supreme Court in English Medium Students Parents Association vs. The State of Karnataka & Ors, which consequently upheld it.

Following this, in 1994, State Government came up with another order ("1994 Order") which, after revising the policy, made the 'medium of instruction' from 1st to 4th standard in all schools recognised by the State Government as either Kannada or mother tongue. Contending 1994 order as violative of Articles 14, 19(1)(a), 21, 29(2) and 30(1) of the Constitution of India ("Constitution"), writ petitions were filed before the High Court. By its order, full bench of the High Court quashed the disputed clause No. 2, 3, 6 and 8 of the 1994 Order with its application to schools other than the schools run or aided by the Government. It is against this order of the High Court that the State Government has preferred an appeal before the Supreme Court, i.e., the present case.

19/04/2014

SPECIAL MARRIAGE ACT

Goans for Goa a non-political forum has decried the Goa government’s decision to introduce the Special Marriage Act in the State. When Goa is governed by the unique Uniform Civil Code the Act is a retrograde step, said GFG President, Kennedy Afonso and questions the need of a parallel law which will only lead to more chaos and litigation



The Goan: What is the problem with the Special Marriage Act being invoked in Goa?

Kennedy Afonso: The government’s move to quietly apply the Special Marriage Act to Goa, the only State in the country which is governed by the Uniform Civil Code, has naturally raised suspicion over its real intent. The attempt has drawn criticism from all quarters and legal experts have slammed the move as irrational, uncalled for, and maleficent. The Special Marriage Act was passed with the intention of finding a secular marriage law. Goa does not need it, as our existing law is already a secular one. The highest level of administration at the centre has decided not to repeal the Goa code, as it is considered as an example for the rest of India.


TG: How does this Act put the Goans at a disadvantage?

KA: Goa already has civil laws that govern the private lives of individual citizens of Goa and which are socially accepted by all communities in the state. Most legal experts feel that the Special Marriage Act will lead to chaos and more litigation. There will be parallel jurisdictions – two jurisdiction and two books of registration.

TG: Don’t you feel that Special Marriages Act is a step to integrate the Goans in the Indian mainstream?

KA: Frankly speaking, no. Trying to enforce the SMA, when the Uniform Civil Code already exists in the state, is seen as a retrograde step by most legal experts.



TG: You have been constantly stressing that implementing the Act infringes upon the Uniform Civil Code. Can you please elaborate?

KA: Legal experts are of the opinion that the Act goes against Article 44 of the directives of principles, in the constitution, that seeks to implement a Uniform Civil Code throughout the country. Goa has a head start with the code already in operation in the state and most legal experts can’t see any logic to enforce the Act on Goans. Why does Goa need a parallel law which will only lead to more chaos and litigation?


TG: Why do you feel that the Act was brought in clandestinely? After all the State cabinet is well within its powers to enact any Act passed across the country for its own people?

KA: That is an answer I would love to hear from Parrikar. Why did he bring this clandestinely, without even discussing it on the floor of the house? Most legal experts point out that since this is a Central Act it can only come into force by a notification from the Centre. Sec 1(3) of the Special Marriage Act states: “It shall come in force on such date, as the central government may, by notification in the Official gazette appoint”. Legal experts say that this notification, by the state government, holds no value and is null and void.


TG: The timing of your protest during the Parliamentary Polls raised quite a few eyebrows. Was this some sort of election gimmick?

KA: I totally disagree with you. Our press statement appeared in the media on April 14, two days after parliamentary elections ended in Goa. Election gimmicks are carried out by political parties and Goans for Goa is a non-political forum. We did not support any party or candidate in this election. However, since GFG was formed to protect the interests of Goans at large, we felt the people of Goa had to be made aware of its implications.


TG: Goans for Goa seems to be one of the many on-the-spur-of-the-moment groups that have sprung up to join the election jamboree. How do you react to this allegation?

KA: That is an allegation I am hearing only from a certain section of the press and over a period of time they have been proved wrong. GFG, a non-political forum was formed with the dual aim to facilitate the formation of District Development Plans in Goa, as Goa does not have DDP in place for the last ten years and to act as a watch dog over all governmental policies. Our work and mission has been appreciated, as we recently got the REX Karmaveer award in Delhi from REX ICONGO. GFG has no affiliations with any political party or candidate. Our members are free to vote to any party or candidate of their choice.

TG: Now that the Government has already cleared the Act for implementation in Goa, do you have the numbers and wherewithal to fight for its revocation?

KA: Acting as a watch dog, GFG has raised this issue purely to create awareness among the Goans, so that everyone knows the pros and cons of the law. GFG will not hesitate to challenge the law in the court if the people of Goa demand it.

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