Thursday, 25 August 2016

Dr Anthony Raju has condemned the incident where a tribal man, along with his 12-year-old daughter, on Wednesday walked around 10 km carrying his wife's body on his shoulder after he failed to get a vehicle to transport it from a government hospital in the backward district of Kalahandi, where she died.

Dr Anthony Raju has condemned the incident where  a tribal man, along with his 12-year-old daughter, on Wednesday walked around 10 km carrying his wife's body on his shoulder after he failed to get a vehicle to transport it from a government hospital in the backward district of Kalahandi, where she died.

We demand immediate Judicial enquiry in this incident. said Dr Anthony Raju, Advocate and Chairman All India council of Human rights, liberties and Social justice

The incident took place in the morning when the locals found Dana Majhi carrying his wife Amang Dei's body. The 42-year-old woman died of tuberculosis on Wednesday night at the district headquarters hospital at Bhawanipatna. Majhi was quoted by the BBC saying that his village was 60km (37 miles) away and he couldn't afford to hire a vehicle.
The hospital staff took no responsibility for the event, when they said that Dei had died on Tuesday night and that Majhi had taken away the body without informing the hospital. However Majhi denied the statement and alleged that he began walking with the body after the hospital staff pushed him to remove it.
In Odisha, for those in such a situation, the Naveen Patnaik government launched the 'Mahaparayana' scheme in February, offering free transportation of bodies from government hospitals to the residences of the deceased.
Majhi, however, said despite his all-out efforts, he could not get any help from the hospital authorities. He wrapped his wife's body in cloth and started walking to his village Melghara in Rampur block.

Majhi's daughter accompanied him till some local reporters spotted the duo. They called up the district collector and arranged for an ambulance for the remaining 50 km of the journey.
"I told the hospital authorities that I am a poor man and cannot afford a vehicle. Despite repeated requests, they said they cannot offer any help," Majhi told a local television channel.
Kalahandi District Collector Brunda D said, "As we got to know of the incident, we spoke to the CDMO and arranged for an ambulance.
"I have issued instructions to the Tehsildar to provide assistance under the Harishchandra Yojana (Assistance to the poor and destitute to perform last rites). I have also asked the BDO to provide assistance from Red Cross and CMRF," she said.
The Indian Express quoted her saying, “We would have surely sent the body in a vehicle,” adding that she has sanctioned for Rs 2,000 for Majhi from the Odisha’s funeral assistance scheme and another Rs 10,000 from the District Red Cross Fund.
As per the 'Mahaparayana' scheme, dead body carriers are supposed to be deployed at 37 government hospitals and a total of 40 vehicles were assigned for the job.
According to a report by The Indian Express, this is not the first time when people have to resort to such methods for transporting bodies. In May, two youths had rode with the body of their relative from Jharigan Community Health Centre to Bharuamunda village which is almost 30 kms away. They too didn't have enough money to arrange a vehicle.

Wednesday, 24 August 2016

WE CONGRATS HONORABLE PRIME MINISTER SHRI NARENDRA MODI JI AND AND HONORABLE HOME MINISTER SHRI RAJNATH SINGH JI FOR THEIR EMOTIONAL AND DEDICATED APPROACH TO THE PEOPLE OF KASHMIR AND EXPRESSED EXPRESSED THE WILLINGNESS TO TALK TO WHOSOEVER NEEDED ONCE PEACE AND NORMALCY IS RESTORED IN THE VALLEY. . SAID DR ANTHONY RAJU , ADVOCATE AND CHAIRMAN - ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES AND SOCIAL JUSTICE IN HIS PRESS RELEASE

AICHLS VIEWS ON KASHMIR

WE CONGRATS HONORABLE PRIME MINISTER SHRI NARENDRA MODI JI AND AND HONORABLE HOME MINISTER SHRI RAJNATH SINGH JI FOR THEIR EMOTIONAL AND DEDICATED APPROACH TO THE PEOPLE OF KASHMIR AND EXPRESSED EXPRESSED THE WILLINGNESS TO TALK TO WHOSOEVER NEEDED ONCE PEACE AND NORMALCY IS RESTORED IN THE VALLEY. . SAID DR ANTHONY RAJU , ADVOCATE AND CHAIRMAN - ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES AND SOCIAL JUSTICE IN HIS PRESS RELEASE

www.humanrightscouncil.in
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Reaching out to the people in Kashmir, the Centre on Sunday said it wanted to have emotional ties with them and not a need-based relationship and expressed the willingness to talk to whosoever needed once peace and normalcy is restored in the Valley.
Winding up his two-day visit to Kashmir in the backdrop of widespread disturbances that has claimed 46 lives so far, Union Home Minister Rajnath Singh said security forces have been directed to refrain from using pellet guns against crowds as much as possible even as he awaits a report of a committee set up by him to look into the use of non-lethal weapons.
During his stay in the Valley, Rajnath met 30 delegations including a government team led by Chief Minister Mehbooba Mufti and an opposition National Conference(NC) team headed by Omar Abdullah. The Congress stayed away from deliberations with the Home Minister.
In a memorandum submitted to the Home Minister, the NC asked the Centre to initiate a sustained dialogue with Pakistan as well as separatists groups in Jammu and Kashmir for evolving a consensus for a mutually acceptable solution to the political issue.
Sending a strong message to Pakistan at a press conference at the end of his visit to Srinagar and Anantnag, Rajnath warned the neighbouring country not to interfere in India’s internal affairs and that it should change its attitude and approach towards Kashmir. “There is no need of any third force to improve situation in Kashmir. Pakistan’s role is not ‘paak’ (pure) towards Kashmir.”
“As far as Government of India is concerned, I want to make it clear that we don’t just want need-based ties, but to build an emotional relationship with Kashmir,” he said, reaching out to the people in the Valley while making a fervent appeal to them to help restore peace and normalcy in the state.
Rajnath said the Centre will talk to whosoever needed once peace and normalcy is restored in the state.
To a question on whether there will be any talks with separatists, Singh said, “Let normalcy and peace be restored first. We will talk to the chief minister here and we will work only after taking her into confidence. Let us first ensure that normalcy returns. Then, we will talk to whoever we want.”
He said the government would review the use of pellet guns and a committe has already been set up by him to look into the use of non-lethal weapons which will give its report in two months.
“The difference of opinion can be resolved through talks as there can be no other solution,” Rajnath said, adding, problems cannot be solved in short of span of time. “Problems cannot be solved in 15 days or one month. It will take time.”
“If there are any differences or disapprovals, they can be resolved through talks mutually. Because, there cannot be any other solution. I feel that if there is place of Kashmiriyat in democracy, it will only be of humanity,” he said, adding that the people of the entire country want that Kashmir should once again become “firdaus” (paradise),” he said.
Expressing sympathy with those injured during the ongoing unrest in the Valley, Singh appealed to the youth to desist from indulging in stone pelting.
“I appeal to the youth of Kashmir not to indulge in stone pelting and security forces should avoid use of pellet guns as far as possible,” he said.
Rajnath said Prime Minister Narendra Modi is concerned about the situation in Kashmir and wanted the situation to improve as soon as possible.
“I am very concerned at the situation in Kashmir and our Prime Minister is also very concerned over it. Along with expressing regret over what happened here, I offer my condolences to the families of all those who lost their lives. The Prime Minister spoke to me last night and discussed the situation (in Kashmir). He also wants that the situation should improve,” he said.
Rajnath expressed regret over the loss of life during the ongoing unrest in Kashmir, saying the Centre was open to any constructive suggestions for improving the situation in the Valley.
“I appeal to all Kashmiris to come forward with constructive suggestions for improving the situation in Kashmir,” he added.
On revocation of Armed Forces Special Powers Act (AFSPA) from the state, the Home Minister said whatever has to be done on the issue will be done in consultation with the state governments.
Watch Video: What’s making news

On his two-day visit, Rajanth said he met 30 delegations during which he got information and suggestions on how to restore peace and normalcy in the Valley.
“I also visited Anantnag and heard the people there for one hour. I appealed to people of Anantnag also to maintain calm and help in restoring peace and normalcy,” he said.
Replying to a question if India will hold talks with Pakistan over Kashmir, the Home Minister there was no need for involvement of a third power.
“There is no need of any third force to improve situation in Kashmir. Pakistan should not interfere in internal matters of India,” he said.
Hitting out at Islamabad, Singh said while Pakistan was itself struggling with terrorism, it was arming the youth of Kashmir with guns.
“I want to tell the neighbouring country that you are suffering from terrorism. You attacked Lal Masjid (in Lahore) to kill terrorists but you are sending guns for youth of Kashmir. This should stop,” he said, asserting that the government will not tolerate terrorism in any form.

Sunday, 21 August 2016

6TH INTERNATIONAL YOUTH CONFERENCE 2016 ORGANISED BY THE ALL INDIA COUNCIL OF HUMAN RIGHTS LIBERTIES AND SOCIAL JUSTICE ON 12TH AUGUST 2016 AT SHARDA UNIVERSITY.

6TH INTERNATIONAL YOUTH CONFERENCE 2016 ORGANISED BY THE ALL INDIA COUNCIL OF HUMAN RIGHTS LIBERTIES AND SOCIAL JUSTICE ON 12TH AUGUST 2016 AT SHARDA UNIVERSITY. THE CONFERENCE WAS ATTENDED BY . DR ANTHONY RAJU , DR JUNE ANN , MRS NEERA SHASHTRI JI , MR SANDEEP MARWAH JI, IMAM (DR) UMER AHMED ILYASI JI, MRS POONSM CHOUBEY JI , BRIG GURINDER SINGY JI , PROF VIJAY , VC SHARDA UNIVERSITY, DR PRADEEP KULSHESTRA JI ETC.
THE POSTER FOR BETI BACHAO BETI PADHAO WITH THE THEME OF MAI TULSI TERE ANGAN KI WAS ALSO LAUNCHED BY THE DIGNITARIES.
ALL INDIA COUNCIL OF HUMAN RIGHTS LIBERTIES AND SOCIAL JUSTICE HAS ALSO GIVEN YOUTH AWARDS TO MERITORIOUS STUDENTS OF THE SHARDA UNIVERSITY , GREATER NOIDA.

Monday, 1 August 2016

Dr Anthony Raju condemn the Bulandshahr incident

Dr Anthony Raju condemn the Bulandshahr incident

Dr Anthony Raju, Advocate and Global Chairman – All India Council of Human Rioghts, liberties and Social Justice has strongly condemned and demand immediate action agaist these Gundas , the Bulandshahr incident where The armed men dragged the members to nearby fields and proceeded to rape the teenager and her 35-year-old mother.

India brought in more stringent laws against sexual offenders after the fatal gangrape of a student in Delhi in December 2012, but they have failed to stem the tide of violence against women across the country. Said Dr Anthon Raju

Dr June Ann , The President , Nari Shakti Sangarsh Morcha also condemn the incident and ask Mr Akhlesh Yadav to take moral responsibility and step down for the heinous crime. She asked “Mr yadav  would be able to return the lost honour of the victims.”

Around six armed men stopped the family car on the Delhi-Kanpur highway early on Saturday morning, according to the FIR registered later on Saturday. The armed men dragged the members to nearby fields and proceeded to rape the teenager and her 35-year-old mother.
The other members of the family were tied up, the FIR added.

Dr Anthony Raju said the Bulandshahr incident was yet another blot on U.P.  “It is yet another sad day in U.P. What is more worrying is the fact that neither the women helpline nor the 100 number of the police responded when the victims were calling them in distress”

The Chief Minister has suspended the Bulandshahr Senior Superintendent of Police Vaibhav Krishan, SP (City) Rammohan Singh, Circle Officer Himanshu Gaurav, SHO Ramsen Singh and four other officials for dereliction of duty.



Saturday, 30 July 2016

Dr. Anthony Raju has made appeal to all the people of Dawoodi Bohra Community to come forward and joind hand toghter to promote and protect Human Rights worldwide,

Dr Anthony Raju, Global Chairman , All India Council of Human Rights, Liberties and Social Justice (AICHLS) speaking with His Holiness Dr. Syedna Aali Qadr Mufaddal Saifuddin TUS, the 53rd Dai al-Mutlaq al-Fatemi , the Religious Head of the Dawoodi Bohra Community.
Dr. Anthony Raju has made appeal to all the people of Dawoodi Bohra Community to come forward and joind hand toghter to promote and protect Human Rights worldwide,
 (Please email athumanrightscouncil.org@gmail.com)
Visit : www.humanrightscouncil.in

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Brief About Dr Anthony Raju , compiled by Ms. Muskan , Law Student , Delhi
Dr. Anthony Raju - Advocate , Supreme Court of India and a dynamic, dedicated , Internationally known HUMAN RIGHTS , PEACE ACTIVIST & SOCIAL WORKER and is one of India's foremost voices of Human Rights.
Dr. Anthony Raju , who is an Internationally Reputed PEACE BUILDER, HUMAN RIGHTS DEFENDER , Diplomat , an Eminent Social Reformer & Activist, Environmentalist, Educator, Human Rights & Constitutional Rights Activists, Motivator, Change maker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian works Expert, etc.
Dr. Anthony Raju has been awarded with several National & International Awards & Gold Medals for his Excellence works for more than 10 Years for promoting and protecting Human Rights. He has been awarded with several (Honoris causa) Degrees , Like Doctor of Sociology , Phd. Social Work by Universal Academy for Global Peace , Life time membership and Award by International Journalism Centre , National Human Rights Activist Award by All India Newspaper Association , Ambassador of Peace Award by Blind Association.
Dr. Anthony Raju is a National President of All India Council of Human Rights, Liberties and Social Justice and Chairman of various committees working under All India Council of Human Rights, Liberties and Social Justice as:
• National Human Rights Advisory Council
• National Legal Council
• All India Consumer Protection Council
• All India Anti Corruption Council
• All India Bar Federation
• National Council of News and Broadcasting
• Universal mission for Peace and Harmony
• Council of Human Resources Professional of India

Dr. Anthony Raju has born and raised in very poor family in Meerut , Uttar Pradesh , By his early childhood, Dr Raju’s family had become poor; at an early age, he sold newspapers and worked in various small shops to supplement his family's income, besides this he has completed all his educations , including LLM.
Dr. Anthony Raju has done various projects on
Transnational Corporations and other business enterprises , Business and Human Rights , HR and equitable access to safe drinking water and sanitation, Child pornography, HR and fundamental freedoms of indigenous peoples, Violence against Children, Right of peoples to self-determination, Trafficking in Persons, Committee on the Rights of the Child, Internally displaced persons, Violence against Women, Migration and HR of Migrants ,Elimination of discrimination against Women ,Minorities, Economic, Social and Cultural Rights, HR Education and Training, Environment, Human Resources, Freedom of Religion & Belief, HR Defenders , Globalization – Business & HR , HR and international solidarity , Human rights of persons with disabilities , Torture , Promotion and Protection of the Right to Freedom of Opinion & Expression , Information Management & Technology ,Democracy ,Right to Development Economic reform policies and foreign Governance & Debt ,Racism, Right to Education, Protection and promotion of HR through action to combat impunity ,Right to food , Right to the highest attainable standard of physical or mental health, Poverty, Civil and Political Rights HRC, Working Group on Arbitrary Detention, HIV/AIDS & Human Rights, HR & Counter terrorism.
Dr. Anthony Raju has founded All India Council of Human Rights, Liberties & Social Justice (AICHLS), and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighboring countries and the people of the rest of the World at large. All India Council of Human Rights, Liberties & Social Justice has several branches in India and abroad, having Thousands of dedicated volunteers. AICHLS is a social organization for the ignored, disregarded, over-looked, victimized, oppressed, depressed, tortured people of the society and it cultivates awareness in them with regard to their rights. AICHLS is a highly informative secured Human Rights Agency in the service of the humanity with full Legal status.
Dr. Anthony Raju had justified his position many times against the capital punishment , he has publicly condemned this barbaric act in name of punishment. He believes that the value of the offender's life cannot be destroyed by the offender's bad conduct - even if they have killed someone. He has written number of articles on Extra Judicial Killings, Violence Against Women, Right to Education, Rights to Information Contemporary forms of slavery , Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions , Sale of Children, Child prostitution , Independence of Judges and Lawyers.
Dr. Anthony Raju spends most of the time between Tribal , underprivileged , Villages , he widely travels in various States i.e Orissa , Chhattisgarh, Jharkhand , Bihar , Uttar Pradesh , Madhya Pradesh , Uttrakhand , Gujarat , Rajasthan etc.
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Some of the Major Achievements
Initiated free CANCER SUPPORT SERVICES in Delhi NCR
Initiated Free HEART CARE SERVICES all over India, Based in Delhi , having more than 256 Heart care coordination centre in house all over India
Initiated International Human Rights Awards “Bhartiya Manav Adhikar Samman” every year , since 2011…
Constituted “Dr. APJ Abdul Kalam World Peace Award” in 2015 , 1st Award was conferred upon His Holiness The Dalai Lama
Initiated variuos international conference, Awards i.e Youth , Media, CEO, CSR , Legal etc.
Initiated FREE DIALYSIS CENTER in Hyderabad
Initiated Free EYE CARE SERVICES all over India
Distributed medicine to more than 1 Lac people in Hyderabad
Initiated Free BLOOD DONATIONS SERVICES with 436 Coordination in House centre all over India
Initiated Free 24 HOURS HUMAN RIGHTS HELP LINE NO : 9873005424 all over India
Running successfully more than 600 OLD AGE HELPING CENTER (Residential) all over India.
Established more than 1300 FREE LEGAL HELP in house centre in India with the help thousands of learned advocates in the Country, providing free services.
Established more than 330 OLD BOOKS and CLOTHS COLLECTION in house centre in India
Initiated FREE LEGAL HELP SERVICES , over 700 Coordinator Centre (Residential) all over India
Resolve more than 400 Family matters out of court in Karnataka , AP, Telangana
Visited And Analyzed 15 Villages Riot Hit Area In 2008 Communal Violence , Had Corner Meeting With Tribal’s , Travelled 250 Km And Adopted 1323 Children In Khandmal District In Orissa
Lunched Nationwide Campaign ‘ MAI TULSI TERE ANGAN KI’ , initiative to BETI BACHO BETI PADHAO , Travelling more than 40,000 Km from Kashmir to Kanyakumari
We Collect Surplus Left Over Consumable Food From Various Sources (Basically Marriage Functions) And Subsequently Distribute The Same To The Poor , We Are Feeding More Than 25 ,000 Children And Poor In Delhi /NCR At Various Location , Same We Have Started In Uttar Pradesh , Madhya Pradesh , Jharkhand , Chhattisgarh, Orissa Etc thru our volunteer coordination.
Adopted 250 Leprosy Families In Gopalganj – Orissa
Adopted more than 2000 old age people in and around in India
Our each member plant 5 plants every months , Planted more than 2 Lacs Plants all over country
Our each member gives food to two old ages people two days every week.
Our each member teach 2 kids on nearby every day under “ Teach Neighborhood”
Adopted 130 Poor Girl For Group Marriage In Orissa, our Patron Mr Manoj Dewidi already arranged marriage for more than 251 couples in Rai Bareli - UP
Launched Three Ambulance In Bangalore - Karnataka In Association With Lions Club
Successfully Launched India First Web Base News Tv :www.newsindiatoday.tv
Successfully Initiated 12 Kidney Stones Operation Under Bpl Card Holder
Successfully Inspected Three Government Run Hospital In Delhi With The Help Government
Adopted 42 Blinds Children In Anansol - West Bengal
Adopted 23 Villages (Approx 400 Families ) In Utrakhand , Rishikesh , Kaidar Nath , Badri Nath Etc. For Their Livelihood I.E === 20 Kg Atta+5 Kg Rice+ 2kg Sugar + Tea +1 Kg Four Dal + Stove + Lighter + 3 Blankets + 2 Sheets + 2 Plates With 2 Spoon, 2 Bowl Etc.
Did 5 Days 24 Hrs Lunger ( Food Distribution At Rishikesh Old Bus Stand For The Victims Of This Natural Disaster
Invited By The Karnataka Government For Jail Reforms And To Set Up Small Scale Industry For Jail Inmates
Rescued 1321 Children From Child Labor.
Still Counting…………..

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Major Objectives
We seek to achieve the following objectives:
1. Protect and promote human rights by monitoring, investigation, advocacy, and taking solidarity actions;
2. Work towards social equality, with particular emphasis on social groups who have suffered discrimination in the past, such as women and children and minorities, including Dalits;
3. Develop a speedy communication system using modern communication techniques to encourage quicker actions to protect human rights, redress wrongs and prevent violations in future;
4. Develop appropriate modes of human rights education and especially promote the folk school approach;
5. Promote appropriate legal and administrative reforms, particularly judicial and police reforms;
6. Develop close links with the victims of human rights violations to promote solidarity with victims, to preserve the memory of the victims and to organize significant commemorations linking large sections of people for the purpose of eliminating human rights violations;
7. Participate in peace making, reconciliation, conflict resolution, truth commissions and international tribunals;
8. Develop cultural and religious programmes for the promotion of human rights;
9. Encourage ratification of UN instruments and development of local legislation, law enforcement and judicial practices in keeping with such instruments, and assist the formation and functioning of national human rights commissions;
10. Promote the United Nations, particularly its human rights agencies and assist organisations and persons in India & Asia to utilize these agencies for better promotion and protection of human rights in India & Asia;
11. Work towards the development of regional human rights mechanisms and encourage people's participation in this process by promoting the India & Asia Human Rights Charter.
12. To create a sense of brotherhood, co-operation, mutual harmony, love and affection amongst the member of the society and also all Art, & Cultural, Education & Welfare.
13. To create an environment as well as an understanding that Human Rights can easily become vulnerable to abuse of various structures and processes of power and to examine the inter-dependence of and linkage between Human Rights and democracy, pluralism, development, ecological balance, peace and harmony at the national and international levels.
14. To train the young men and women for facing the challenges of the pluralistic society and the rising conflicts and tensions in the name of particularistic loyalties to caste, religion and culture and to work in close cooperation with national Human Rights commissions on women, minorities, S.C., S.T. and NGOs and media organizations for promoting Human Rights education.
15. To make people aware of “Human Rights duties”, privileges conduct training camps & workshops; establish old age homes, residential/vocational schools & colleges, research & medical colleges and Human Rights Camps.
16. To promote art & culture, maintain, encourage, and assist/help setting up Centers for promotion of Human Rights, Liberties, and Social Justice & Fundamental Rights.
Promotional Functions
1. The All India Council of Human Rights , Liberties & Social Justice (AICHLS) recognizes the importance, in the short term, of according priority to effects to deal with present day human rights violations. Over the long run however, the All India Council of Human Rights , Liberties & Social Justice (AICHLS) feels that at least equal priority must be given to promotional work aimed at preventing the occurrence of such human rights violations in the future.
2. The All India Council of Human Rights , Liberties & Social Justice (AICHLS) will work along with local and regional human rights groups to create greater awareness of human rights groups and prevent their violation. Educational programs will be developed to mobilize community concern and response, and promote interdisciplinary cooperation between those whose work relates to aspects of human rights. More effective means of monitoring the human rights will be created. Human Rights law as relevant to the regional will also be developed. Further, the AICHLS will provide recognition to those active within the human rights field, to support and safeguard their work.

Thursday, 28 July 2016

Dr Anthony Raju and Dr June Ann Condemn murder and rape of 14 years old girl and demand for CBI enquiry and National Human rights commission to investigate.

Dr Anthony Raju and Dr June Ann Condemn murder and rape of 14 years old girl and demand for CBI enquiry and National Human rights commission to investigate.

We strongly condemn the murder and rape  of  14-year-old girl in central India’s Chhattisgarh state,which her family and church leaders say were orchestrated by Hindu extremists for them refusing to abandon their Christian faith, we also demand CBI enquiry in this hinous incident. said Dr Anthony Raju, Global Chairman , All India Council of Human Rights, Liberties and Social Justice - AICHLS and Dr June Ann , Chairman Women Wing.

Family members found the scantly clad body of the girl in a forest near their Jattarbeda village in Kondagaon district July 22 after she failed to return home from school.

Dr Anthony Raju has send his legal team to investigate.

Tuesday, 26 July 2016

False case against husband – Misuse of Section 498A? 24 HOURS HELPLINE NO - 9873005424 OR EMAILhumanrightscouncil.org@gmail.com

False case against husband – Misuse of Section 498A? 24 HOURS HELPLINE NO - 9873005424 OR EMAILhumanrightscouncil.org@gmail.com
“Woman lodges a complaint under section 498A, husband and in-laws arrested.”
A newspaper headline such as above is sure to garner sympathy for the victim from the public and the media. But rarely do we ponder over who might be the actual victim here – the wife or the husband? Recently, several cases, where the husband and his family were wrongly accused and trapped under the section 498A of Indian Penal Code, have come into the public eye. Does this mean that section 498A is being misused? Perhaps yes, because there have been horror stories of legal extortions, baseless claims and blackmail by women under this section.
One of these stories is of a Pune based couple, Romesh Marathe and his wife Supriya (names changed), who had married in March 2001. Due to marital disputes with the wife wanting to stay separately, Romesh filed for a divorce in June 2003. But a month later, Romesh along with his mother and three other relatives, were arrested and sent to the custody in a dowry harassment case filed by Supriya. Due to lack of any evidence, Romesh and his near relations were proven innocent by a magistrate’s court. Later, Romesh again made a divorce plea on the grounds of cruelty by the wife. The family court did not grant the divorce, stating that one singular complaint by wife can not be cited as cruelty. Romesh moved to the Bombay High Court, which accepted Romesh’s contention that the false allegations by wife had caused him mental cruelty and entitled him to a divorce.
Like Romesh, there are several other innocent married men who are facing the brunt of abuse of the powers under the section 498A. Primarily, an anti-dowry law formed to protect women, section 498A is now considered a deleterious legal weapon in a woman’s armour. In fact, according to “Crime in India 2012 Statistics” published by the National Crime Records Bureau, section 498A itself accounted for 6% of all arrests, though the conviction rate was merely 15%!
In order to prevent illegal arrests or similar threats of the section 498A accused, the Supreme Court in its latest judgement (2nd July, 2014), has enforced a 9 point checklist for police under section 41 of the Criminal Procedure Code. The checklist prescribes Do’s and Don’t’s, to be referred to by the police before arresting the accused. Further, in case the arrest is made, then the magistrate should allow the detention only if the checklist validates so, or else he can authorize the release of the accused.
This new development in the context of section 498A was long overdue and is a welcome news of relief. We can only hope that there are no further legal loopholes or new judgements to bypass the section 41 and give undue advantage to the section 498A.

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