High Court refuses #gang #rape survivor’s plea for #abortion in #India

Ahmadabad, Gujarat, 17 April, 2015

The Gujarat high court on has refused to permit a 24-year-old gang rape survivor to terminate her 28-week pregnancy citing the law which does not permit abortion beyond 20 weeks’ of a pregnancy. The court, instead, directed the collector to ensure that the woman is provided with all care to ensure she carries the pregnancy to full term, has a safe delivery and the child born is not abandoned.

The woman, who is married with two children, had moved court recently saying she became pregnant after she was abducted and held captive for over six months. When she managed to escape after months of torture, she was already many months into pregnancy. This led to delay in her moving court for permission for abortion. The woman is a native of Botad district and lives with her husband and two children in Surat.


Another Acquittal in A #Dowry Related #Death by Madras High Court

29 March, 2015, Chennai

Paramasivam’s wife Sudha was found dead on September 12, 2001. Tirunelveli district and sessions judge had convicted Paramsivam and sentenced him to seven years imprisonment on charges of instigating his wife to commit suicide. He was also sentenced to three years imprisonment under Dowry Harassment Act on October 27, 2006.

However Paramasivam filed an appeal against the conviction and sentence in the High Court. The counsel for the petitioner said blaming his wife for being “dark coloured” was not harassment that and could not be seen as instigating her to commit suicide. Paramsivam had also asked for money for starting a business and that was not harassment. He had a car and had asked money for repairing the car and doing business. This was not dowry harassment, the counsel said.

Justice M Sathyanarayanan of Madurai, allowing a petition filed by Paramasivam against a lower court order, said “criticising the wife for being dark in colour does not amount to harassment or torture, and it cannot be said that the husband instigated the wife to commit suicide”. The Judge acquitted him from the charges.

Every year hundreds of women are driven to suicide after facing various forms of abuse and harassment for dowry. See our last post. Cases like this are setting a dangerous precedent for judicial and criminal response to dowry related suicides and murders in India.


Delhi Judge Rules “Minor beatings” By Husband As Acceptable In A #Dowry Related Suicide

March 31, 2015, New Delhi

In a case where the prosecution has argued that physically abused by the husband for dowry, a woman was driven to suicide, as is the case with hundreds of dowry related deaths (murders) in India, the judge in a Delhi trial court ruled that “Minor incidents of beatings” do not amount to cruelty upon wife, while acquitting a man in the dowry death case of his wife. Giving the benefit of doubt to Delhi resident Jagmohan, the court said, “Minor incidents of beatings on small issues can take place in any household and it would be unsafe and rather hazardous to overstretch these and give them the colour of cruelty as defined in the explanation attached to Section 498A IPC.”


#Indian Man Gets 10 years in Jail for Abetting Wife’s #Rape

26 November 2014, New Delhi

She eloped with the man she loved in 2011, when she was 16. When her family found her after 6 months , was a captive living under terrible conditions of abuse and rape. Her husband would violently force her to submit to rape by his friend. Sometime after her rescue the girl’s family took the man to court, and he has now been convicted and sentenced to 10 years in prison.

4 Men convicted for #gang #rape of #sexworker in Delhi

12 November 2014, New Delhi

In what is probably an unexpected verdict, a Delhi court convicted four men of the abduction and gang rape of a sex worker from Rwanda, who was living and working in Delhi, and sentenced each of the men to 10 years of rigorous imprisonment.


Lawyer #Gang #Raped, Consumes Poison in India’s Supreme Court

22 September, 2014 New Delhi
A lawyer who says she was gang raped by her husband’s male relatives, consumed poison in the Supreme Court in the nation’s capital, in her bid to get justice. She says the police has refused to act on her case.

Village Head Orders #Rape of 10-yr-old as ‘Justice’

July 11, 2014, Jharkhand

Her brother was accused of sexually molesting a woman.  So the head of the village council ordered that the brother of the victimized woman would rape the 10-year-old sister of the man accused.  The little girl was dragged out of her house and raped. The entire village witnessed the crime, but no one intervened, and most are refusing to speak out.


Indian Judge Advices Battered Wife to “Adjust” to her Abuse

Pune, Maharashtra, September 02, 2012

A 28-year-old woman who had left her husband’s house, unable to bear his battering any more was told by the judge to return to him.   When the case came up before the court, instead of granting her a divorce, the wife was advised by Justice K Bhaktavatsala of the High Court of Karnataka to adjust to her abuse. He said, “Women suffer in all marriages. You are married with two children and know what it means to suffer as a woman. Why are you still talking about his beatings? I know you have undergone pain. But that is nothing Continue reading

Army Officer Charged With Dowry Harassment

New Delhi, November 17, 2011

Major Arshad Siddiqui who is accused of dowry harassment, surrendered before the Chandigarh Police on Tuesday after the Supreme Court dismissed his special leave petition seeking an anticipatory bail.  Siddiqui had claimed to have divorced his wife by uttering ‘talaq’ over the phone. His special leave petition seeking a stay on his arrest was dismissed by the Supreme Court on November 4.  A local court remanded him to five days in custody of the Chandigarh police’s women and child support unit which is probing the dowry harassment case against him. The Chandigarh Police are also planning to take the army officer to his home in Lucknow to recover the gifts he received as dowry.  After his surrender, Major Siddiqui said he had been falsely implicated in the case since he never demanded any dowry. But his claim was found to be untrue as his wife had produced copies of the cheques in a lower court of Chandigarh. Read more here.

Bride-To-Be Haul’s Dowry Demanding Groom To Court

Noida, Haryana, November 2011

A case lodged by Nisha Sharma, who called off her marriage at the eleventh hour in 2003, accusing her prospective spouse’s family of demanding dowry, has reached its final stage. The groom, Munish Dalal, and his mother, Vidya, were arrested and released on bail after a few months.  December 5 is the next date of hearing and the judgement is expected in two months. Read the report

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