International Virtual Conference on” Misuse of Laws Against Men Contemporary Issues and Challenges”

Vidhi Seva Evam Samajik Utthan Samiti has organished an International Virtual Conference on ” misuse of Laws Against Men: Contemporary Issues and Challenges” on 19th and 20th November 2021 on the occasion of International Men’s Day.

Vidhi Seva would like to thanks all the members of organising committee for organising such an interesting and meaningful event with us and your presence and cooperation has turned out to be a
successful and highly stimulating event.The event was very knowledgeable.

Once again Vidhi Seva Evam Samajik Utthan Samiti wants to thank you for your support, guidence and organising in colleboration such a wonderful events with us.

विधि सेवा एवं सामाजिक उत्थान समिती के द्वारा बागेश्वर जिले में लेखन सामग्री वितरित की गई।

विधि सेवा एवं सामाजिक उत्थान समिती के द्वारा बागेश्वर जिले में लेखन सामग्री वितरित की गई। साथ ही श्रीमती आलोक किरन नौटियाल जी ने आगामी सर्दी के मौसम को देखते हुए गरम कपड़े दान किए।

 

विधि सेवा एवं सामाजिक उत्थान समिति द्वारा उत्तराखंड स्थापना दिवस पर चेशायर होम्स, डालनवाला में वस्त्र दान का आयोजन किया गया ।

विधि सेवा एवं सामाजिक उत्थान समिति द्वारा उत्तराखंड स्थापना दिवस पर चेशायर होम्स, डालनवाला में वस्त्र दान का आयोजन किया गया। कार्यक्रम की अध्यक्षता समिति के उपाध्यक्ष कु० मोनिका नेगी द्वारा की गई। साथ ही चेशायर होम्स में रह रहे बच्चो और बुजुर्गों के साथ उत्तराखंड स्थापना दिवस पर केक काटा गया और साथ ही समिति द्वारा फ्रूटी वितरण भी किया गया। समिति उपाध्यक्ष जी ने राज्य के लिए हुए आंदोलन से लेकर वर्तमान में चल रही परिस्थितियों पर प्रकाश डालते हुए कार्यक्रम का मार्गदर्शन किया। चेशायर होम्स के कार्यकर्ताओं ने समिति का आभार व्यक्त करते हुए कहा कि अगर ऐसे ही सभी वयक्तिगण हर वृद्ध व्यक्ति और महिलाओं के लिए सहयोग करेंगे तो आश्रम में रह रहे लोग भी अपने आप को कभी अकेला महसूस नहीं करेंगे और साथ ही उन्होंने समिति का आभार व्यक्त किया। कार्यक्रम में संस्था के उपाध्यक्ष मोनिका नेगी, कोषाध्यक्ष मोहम्मद तासीर अली, राधिका धस्माना, तय्यबा प्रवीन, जसवंत सिंहबिष्ट, चारु निरंजन आदि मौजूद रहे।

One Stop Centre Scheme

Blog By-

Neeraj Singh Manhas.   

Abstract

Gender-Based Violence (GBV) is a global health, human rights, and development issue that cuts across geography, class, culture, age, race, and religion to affect every community and country on the planet. Gender-based abuse is defined in Article 1 of the 1993 UN Declaration on the Elimination of Violence as “an act of gender-based violence in public or private life.” The Ministry of Women and Child Development (MoWCD) has announced the launch of a Centrally Sponsored Scheme for the establishment of One Stop Centres (OSC), a sub scheme of the Umbrella Scheme for the National Mission for Women’s Empowerment, which includes the Indira Gandhi Mattritav Sahyaog Yojana. The scheme, popularly known as Sakhi, has been in effect since April 1, 2015. These OSCs are being established across the country in stages to provide integrated support and assistance to women affected by violence in both private and public spaces. The current paper concentrated on the functioning system of India’s one-stop centre.

Keywords: Nirbhaya Fund, One Stop Centre, Performance of One Stop Centre

Introduction

The Government of India’s Ministry of Finance has established the “Nirbhaya Fund” with an initial corpus of Rs. 1000 crores. A total of Rs. 1000 crore has been allocated to the Nirbhaya Fund for the fiscal years 2014-15 and 2015-16. The 12th Plan Working Group on Women’s Agency and Empowerment recommended, on a trial basis, the establishment of One Stop Crisis Centres to provide shelter, police desk, legal, medical, and counselling services to victims of violence under one roof, integrated with a 24-hour Helpline.

The Justice Usha Mehra Commission, established to recommend measures to improve women’s safety, recommended in its report submitted on February 22, 2013, the establishment of a “one-stop centre” at a notified hospital to assist victims of sexual assault and ensure swift punishment for perpetrators.

One Stop Centres (OSC) are designed to assist women who have been victims of violence in both private and public spaces, as well as within the family, community, and workplace, in all forms of violence. Women who have reached out or been referred to the OSC and are experiencing violence as a result of attempted sexual harassment, sexual assault, domestic violence, trafficking, honour-related crimes, acid attacks, or witch-hunting will be provided with specialised services. In the first phase of this scheme, one OSC was to be established in each state/UT to facilitate access to an integrated range of services such as medical, legal, and psychological support. In India, there are currently 170 One Stop Centres in operation. The OSC worked in tandem with 181 and other existing helplines. Women who have been victims of violence and require services could be referred to OSC via this helpline. Currently, the Ministry of Home Affairs is developing an Emergency Response System that will function as a single emergency number for the purpose of ensuring women’s safety, and this will eventually be integrated with OSC.

Objectives of the One Stop Centre

The Scheme’s main goals are as follows:

  • To provide all types of support and assistance to women affected by violence, both in private and public spaces, under one roof; and
  • To facilitate immediate, emergency, and non-emergency access to a range of services, including medical, legal, psychological, and counselling support, all under one roof, in order to combat any form of violence against women.

Beneficiaries

The OSC provides assistance to all women, including girls under the age of 18, who have been victims of violence. Institutions and authorities established under the Juvenile Justice (Care and Protection of Children) Act of 2000 and the Protection of Children from Sexual Offences Act of 2012 linked with the OSC for girls under the age of 18.

Services Under One Stop Centre

  1. Emergency Response and Rescue Services: OSC offers rescue and referral services to women who have been victims of violence. This will be linked with existing mechanisms such as the National Health Mission (NHM), 108 services, and police (PCR Van) so that women who have been victims of violence can be rescued and referred to the nearest medical facility (public/private) or shelter home.
  2. Medical Assistance: Women affected by violence would be referred to the nearest Hospital for medical aid/examination which would be undertaken as per the guidelines and protocols developed by the Ministry of Health and Family Welfare.
  3. Psycho-Social Support/Counselling: On-call services for psychosocial counselling would be provided by a skilled counsellor. This counselling process will give women the confidence and support they need to confront violence or seek justice for the violence they have witnessed. Counsellors must adhere to a set of ethics, guidelines, and protocols when providing counselling services.
  4. Legal Aid and Counselling: To help women affected by violence gain access to justice, legal aid and counselling would be provided at OSC by impanelled lawyers or the National/State/District Legal Service Authority. The aggrieved woman would be provided with a choice of advocate to assist the State Prosecutors in trying her case (Section 24(8) of the Code of Criminal Procedure as amended by Section 3 of the Code of Criminal Procedure (Amendment) Act, 2009). It would be the Lawyer/responsibility Prosecutor’s to simplify legal procedures for the aggrieved woman and advocate for her exemption from court hearings. If the trial or inquiry relates to a rape offence as defined in sections 376, 376A-D IPC, it is the duty of the Prosecutors trying the case to complete the inquiry or trial as far as possible within two months of the filing of the charge sheet (Section 309 of the Code of Criminal Procedure as amended by Section 21 of the Criminal Law (Amendment) Act, 2013).
  5. Shelter: The OSC offers temporary shelter to women who have been wronged. Swadhar Greh/Short Stay Homes (managed/affiliated with government/NGO) will be contacted for long-term shelter needs. Women who have been victims of violence, as well as their children (girls of all ages and boys up to the age of eight), can seek temporary shelter at the OSC for a maximum of five days. Any woman’s admission to the temporary shelter would be at the discretion of the Centre Administrator.
  6. Video Conferencing Facility: The OSC offers video conferencing to speed up and simplify police and court proceedings (through Skype, Google Conferencing etc.). If the aggrieved woman so desires, she can record her statement for police/courts from the OSC itself using audio-video electronic means as prescribed by sections 161(3), 164(1), and 275(1) of the Code of Criminal Procedure, and section 231(1) in accordance with Order XVIII Rule 4 of the Code of Civil Procedure. This service will be provided only after consultation with the Superintendent of Police, District and Sessions Judge of the relevant district (place of incident).

 

 

Funding for the Scheme

The scheme is funded by the Nirbhaya Fund. Under the Scheme, the Central Government will provide complete financial assistance. The District Collector/District Magistrate is in charge of day-to-day implementation and administrative matters.

At the central level, the MoWCD is in charge of budgetary regulation and scheme administration. After obtaining the necessary approvals, the MoWCD transfers the funds to the concerned District Collector/District Magistrate. The District Collector/District Magistrate maintains a separate bank account for an OSC scheme.

Evaluation on working of One Stop Centre

Domestic Violence Cancelling Centres (DVCC) were established by the central government in 2009, and they were renamed Nirbhaya Centres (NC) in 2015. The MoWCD launched the Sakhi-One Stop Centre scheme on April 1, 2015, to provide a common platform for understanding, discussing, and deliberating on strengthening multisector responses to violence against women. It aims to facilitate access to an integrated range of services including medical aid, police assistance, legal aid, and case management, psychosocial counselling, and temporary support services to women affected by violence. There are currently 170 Sakhi OSCs operating in 32 states/UTs. Approximately 70,000 cases have been reported at these centres so far. However, despite the fact that the Sakhi OSC scheme was launched with the best intentions and goals, it did not reach the target population as expected, due to the following reasons:

  1. The majority of OSCs are run by non-governmental organisations (NGOs).
  2. Christian Organizations account for more than a quarter of the OSCs operating NGOs.
  3. Women who have been victims of violence are not aware of the OSCs.
  4. Women who have experienced violence do not have a strong belief in OSCs, but they do have a strong belief in Women Police Stations.
  5. Clearly, the women victims are approaching the OSCs, but they are not receiving adequate justice.
  6. OSC-operated NGOs are misinforming monitoring authorities and submitting false or fabricated reports to the government.
  7. The majority of cases reported at OSCs are DV, Adultery, and Financial cases.
  8. Following the Supreme Court’s decision that adultery is not a crime under Section 437 of the Indian Penal Code, a large number of cases have been transferred to elder’s panchayats, women’s police stations, and family courts for divorce.
  9. A Study of the Working System of the One-Stop-Shop Scheme Some Christian organisations are attempting to convert the religions of the women who have been approached.
  10. Former DVC& Nirbhya Centre employees are not interested in working for an NGO because they are opposed to OSCs; instead, they want to work for their mother departments. The central government must invest crores of rupees in this scheme.

Suggestions

  1. Combine the OSC and Shelter Homes under one roof, under the direct control and administration of the Women and Child Development Department.
  2. Provide employment opportunities to female victims through a variety of short-term training programmes.
  3. After providing the victim women with an occasional training programme, assist them in obtaining financial resources to start their own businesses/shops/employment. If it is not possible to provide the victim women with cash up to Rs. 5 Lacks.

References

  1. http://childlineindia.org.in/
  2. http://www.wcd.nic.in/

 

 

 

Beti Bachao, Beti Padhao (Save girl child, Educate a girl child)

Blog By-

Neeraj Singh Manhas.     

Abstract

Girls play an important role in a country’s cultural, social, political, and economic life. Our constitution places a high value on girls’ equality of status and opportunities. This paper investigates how girls’ education can be improved by disseminating information to all in a variety of meaningful ways. Girls’ education should be prioritised in terms of national development. The BETI PADHAO scheme has been briefly highlighted in this paper BETI BACHAO. The goal of this paper is also to provide some information to all readers about the problems, challenges, and constitutional and legal provisions that apply to girls. According to the national education policy (1986), “education for girls should be prioritised not only for reasons of social justice, but also because it accelerates social transformation.” My paper wishes to emphasise that educated men cannot exist in the absence of educated girls.

Keywords: Girl, Save, Empowerment, Education, Government Schemes.

Introduction

It is a social campaign launched by the Government of India to raise awareness and improve the efficiency of welfare services for girls. This campaign called for the abolition of female foeticide and solicited suggestions from Indian citizens. Prime Minister NARINDER MODI launched the BETI BACHAO BETI PADHAO scheme on 22 January 2015. It is a national initiative co-led by the ministries of girls and child development, health and family welfare, and human resource development to address the issue of declining child sex ratios. According to census data, India’s child sex ratio (0-6 years) was 933 girls for every 1,000 boys in 2001, but it fell to 918 girls for every 1,000 boys in 2011. According to a 2012 UNICEF report, India ranked 41st out of 195 countries. According to the 2011 population census, India’s population ratio is 943 females for every thousand males. The 2011 sex ratio shows an upward trend when compared to the 2001 census data. “When you educate a man, you educate a man,” the saying goes, “but when you educate a woman, you educate a generation.” Beti Bachao-Beti Padhao is a social awareness campaign that encourages parents to celebrate the birth of a baby girl rather than be disappointed. For hundreds of years, Indian families have not rejoiced in the birth of a girl child, not only in rural areas, but also in urban circles. On top of that, orthodox families used to resort to female foeticide or abandoning the girl child, if she was born at all. Due to social and family constraints, the girls were unable to attend school or pursue higher education.

Importance of Girls Education

“Mobilizing the world’s women is the quickest way to change society.” — Malikleo, Charles There are currently 31 million primary school-aged girls who are not enrolled. In Sierra Leone, a girl is more likely to be sexually abused than to attend high school, and one in every nine girls in the developing world marries before the age of 15. There are 4 million more girls than boys who are not in school, and three countries have over a million girls who are not in school. There are 774 million illiterate people in the world, with women constituting two-thirds of the total. To many, these figures are just numbers on a page, but for the 31 million girls, they are a harsh reality. In 2018, statistics like these are incomprehensible and simply unacceptable. Today, we have the resources and the ability to end these realities once and for all, but as a global society, we sit back and let them continue. What makes this possible? According to Amnesty International, you have the right to sit silently by while a fellow human being is persecuted, tortured, oppressed, or abused, as well as the right to speak out. “Now is the time to speak up and fight for our girls’ education.” Education for girls is about so much more than just learning. The benefits of ensuring a girl’s equal access to education, employment, and adequate health care will be passed on to her children (both boys and girls), community, and country.”

If all women in the world received a secondary education, child mortality would be cut in half, saving 3 million lives. Not just the lives of girls, but all of life. “All children are important, they have the same rights and deserve the same opportunities,” says Christina Taylor, Community & Bequests Officer for Plan International. “However, because girls face the double discrimination of being female and young, it is critical that we focus efforts specifically on addressing their disadvantages and systemic abuse.” According to UNESCO, if all women completed secondary school, 12 million children would be spared stunted growth and malnutrition. Given that malnutrition causes nearly half of all deaths in children under the age of five, it is undeniable that we must educate girls who will become mothers. It’s easy to see how a lack of education has a cascading effect on societies. A girl’s education not only provides knowledge, but it also provides her with power and awareness over her own life, which benefits everyone in the long run. According to UNESCO, if all mothers completed primary school, maternal deaths would be cut in half. Every child deserves to grow up with the love and guidance of their parents, and by denying girls’ education, we are increasing the chances of many children growing up without a mother.

People used to bury their daughters alive during the ignorance era, which the Holy Quran strongly condemned. It is completely illegal and haram to abort a foetus when it is four months old unless there is severe compulsion, according to the law. “Islam commands us to treat our daughters well,” it said, adding that there is no Islamic concept of girls bringing misfortune and disrespect. Education is very important in Islam, according to its teachings. According to the Prophet Muhammad, his followers should:

  • “Acquiring knowledge is obligatory on all Muslims, male and female.”
  • “From the cradle to the grave, seek knowledge.”
  • “Acquire knowledge, even if it means travelling to China.”
  • “Whoever goes forth in search of knowledge is striving hard in Allah’s way until his/her return.”

Aims and Objectives

  1. To put an end to sex discrimination against girls and the use of sex determination tests.
  2. To ensure the survival and safety of girls.
  3. To ensure girls’ participation in education and other areas.
  4. Organize a large-scale campaign to advance girls in all fields.
  5. To provide consultancy services in the areas of girls’ education and development;
  6. To act as a catalyst in promoting innovations and progress in girls’ education in the country; and to act as a catalyst in promoting innovations and progress in girls’ education in the country.

Problems Limiting Girls

  1. Rape and Sexual Assault

The sexual exploitation of girls is egregious, but it is symptomatic of society’s ongoing violence. The high rate of rape in India reflects this long-standing issue. These violations intersect with other margins to create a system of violence against girls based on caste, religion, region, or militarization in some of the most horrifying accidents that have come to light.

  1. Dowry Deaths

Even though the Dowry Prohibition Act of 1961 prohibits the practice of dowry, the problem persists. We occasionally hear of girls being targeted by their in-laws for non-payment or partial payment of Dowry.

  1. Harassment in public Places

Girls have risen to the forefront of the economy as a result of modern economic change, and they have taken on new roles in business, government, and society. However, workplace violations have emerged as a major issue in the modern era.

  1. Domestic Violence

In India, it has been pointed out that incidents of domestic violence may have reduced but in some contexts, this violence’s have become means of limiting girls at home.

  1. Eve-Teasing

Eve teasing is common in public settings.

 

Some Constitutional and Legal Rights of Girls

  • Article 15 (1) states that the state shall not discriminate against any Indian citizen on the basis of gender.
  • Article 16 (2) states that no citizen shall be discriminated against or be ineligible for any employment or office under the state on the basis of gender.
  • Article 39 (a) requires the state to ensure that men and women have equal access to adequate means of subsistence.
  • The state shall make provisions for just and humane working conditions and maternity leave (article 42).
  • Gender equality before the law (Article 14).
  • The state’s goal is to improve its people’s nutrition and standard of living (Article 47).
  • Article 15 (3) requires the state to make any special provisions in favour of girls and children.
  • The Protection of Girls from Domestic Violence Act (2005) is a comprehensive piece of legislation in India that protects girls from all forms of domestic violence.
  • The Indecent Representation of Girls (Prohibition) Act of 1986 prohibits indecent representation of girls in advertisements, publications, writings, paintings, figures, or any other medium.
  • Dowry prohibition act (1961) prohibits the giving or taking of dowry from girls at any time before or after marriage.
  • The Legal Services Authorities Act (1987) guarantees Indian girls free legal services.
  • The National Commission of a Girl’s Act (1990) established a commission of girls to study and monitor all issues concerning girls’ constitutional and legal rights and safeguards.
  • The Minimum Wage Act of 1952 prohibits discrimination between male and female workers, as well as different minimum wages for them.
  • The Family Courts Act (1984) establishes family courts to expedite the resolution of family disputes.

 

Steps to Improve Education and Rights of a Girl

There are several steps that could be taken in India to improve education and the rights of girls. Increasing awareness is critical in promoting girls’ education in India, or anywhere else in the world for that matter. Individuals and organisations can educate the public about the importance of sending their female children to school and how it will benefit them in the long run. There are numerous ways to raise this awareness. Options include, but are not limited to, using media outlets such as television and radio stations, as well as newspapers and magazines, placing stickers in strategic locations, and going house to house to educate people about the importance of sending their female children to school. The goal would be to reach as many people as possible and provide them with the necessary information to encourage them to educate their children. Another critical means by which girls’ education in India can be carried out is through government policy. Government policies should require parents to send their children to school at a certain age. It should also make primary and secondary education mandatory for all children, regardless of gender. Punishments and sanctions could be imposed on parents who prevent their children from attending school based on this. The sanctions would be useful in forcing parents who do not want to send their children to school, particularly their female children, to do so regardless.

It is necessary to implement programmes and activities that encourage parents to send their children to school. First and foremost, the government could make primary and secondary education free of charge. This would eliminate the excuse of being unable to afford to send such children to school. Other forms of encouragement could include the provision of school uniforms and books for the children, as well as the provision of free meals for the children. The private sector, for example, could assist the government in this regard by covering some of the costs. Prior to the implementation of these programmes, such private establishments could organise scholarship programmes for children, with some of the scholarships specifically aimed at girls’ education in India. This would go a long way toward assisting parents who want to send their children to school but do not have the financial means to do so. Government and private organisations could also provide education loans.

Conclusion

Today’s women are acutely aware of their social, economic, intellectual, mental, and spiritual development. Their role, both inside and outside the home, has become an important feature of the country’s social and economic life. It will grow in importance. As a result, they cannot be denied an education at any cost, and greater attention should be paid to the issues of women’s training and development.

References

  1. K Sandeep Kumar, Rajeev Mullick (19 May 2017). “UP govt sounds alert over BetiBachao Beti Padhao scheme fraud”. Hindustan Times. Retrieved 12 June 2017.
  2. Press Trust of India (28 March 2017). “Haryana govt cautions people against frauds under Beti Bachao-Beti Padhao scheme”. The Indian Express. Retrieved 12 June2017.
  3. “PM Narendra Modi invites ideas on “Beti Bachao, Beti Padhao””. DNA India. 11October 2014. Retrieved 2016-06-12.
  4. “PM to Launch ‘Beti Bachao, Beti Padhao’ Programme from Haryana”.Newindianexpress.com. Retrieved 2016-06-12.
  5. “PM Narendra Modi to launch ‘Beti Bachao, Beti Padhao’ programme fromHaryana”.The Economic Times. Retrieved 2016-06-12.
  6. Mohan, Rohini (30 June 2015). “How PM Modi’s Beti Bachao, Selfie Banao campaign became a rage to rewrite gender-skewed Haryana”. Economic Retrieved 1July 2015.
  7. Sanyal, Anindita 2015). “#SelfieWithDaughter Trends Worldwide After PM Modi’s Mann ki Baat”. NDTV. Retrieved 1 July 2015.

 

 

 

Anganwadi Services Scheme Under Umbrella ICDS

Blog By-

Neeraj Singh Manhas

Ph.D. Research Scholar

International Relations

Department of Political Science

Sardar Patel University, Gujarat 

Abstract

This paper will be useful to policymakers, planners, training institutions, state government officials, and field functionaries who are committed to improving nutrition and health outcomes for women and children in our country. The Anganwadi Services Scheme (renamed ICDS) was piloted in 33 Community Development Blocks across our country to improve children’s nutrition and health; reduce morbidity, mortality, malnutrition, and school dropout among children and women; achieve effective coordination with allied departments for nutrition outcomes; and improve mothers’ and caregivers’ understanding of nutrition. It is an effort to report state government best practices/initiatives for wider dissemination among Anganwadi service providers under the ICDS umbrella so that they can learn, develop, and adapt replication techniques in their respective contexts. It would also enable them to carry out activities based on feedback, reflection, and analysis, resulting in more effective long-term nutrition programmes.

Keywords: Umbrella, ICDS, Anganwadi, Government, Services

Introduction

As the Anganwadi Services Scheme has evolved over time, there have been numerous examples of innovative and effective models established by state governments that have produced positive results and have the potential to be scaled up. Other states could pilot or scale up additional ideas, such as graded best practices/potential good practises. The ICDS would enable state/UT governments to launch novel initiatives that have been shown to improve the availability, accessibility, and quality Replicable and sustainable (capability to self-support), they contribute to the initiative’s efficiency (optimal use of resources to improve outputs and outcomes), and they increase effectiveness (that is, its contribution to the achievement of the set objectives of the scheme in which the practise occurs).

Best practises are successful public policies that should be expanded to benefit a larger number of people. Expansion and institutionalisation of tried-and-true best practises necessitate strategy. In the Anganwadi Services sector, individuals, organisations, corporations, and development partners are taking innovative steps to improve nutrition and health outcomes. Spreading awareness of such procedures may aid in avoiding costly errors and wasting time. That is why documenting and sharing “best practises” is critical: it saves policymakers, officials, individuals, and organisations working in the Anganwadi Services sector time and money. To achieve large-scale, ongoing, and more successful interventions, knowledge of lessons learned, feedback, reflection, and analysis are required. To identify best practises, first analyse them according to the following criteria: effectiveness, efficiency, relevance, sustainability, and replication. To be useful in development, a best practise does not have to meet all of the above criteria. A best practise is a methodology or procedure that has been demonstrated to work consistently through experience and research. These methods must be shared and adopted by a larger number of people.

Vision

Under the umbrella of Integrated Child Development Services, the vision is to ensure the holistic physical, psychosocial, cognitive and emotional development of children under the age of six in child-friendly and gender-sensitive family, community, programme and policy environments with a particular focus on children under the age of three.

Goals

The scheme’s objectives are:

  1. It is important to recognise that growth and development deficits are cumulative and irreversible.
  2. Targeting young children, pregnant women, and nursing mothers to improve child survival, nutrition, development, and learning.
  3. Children’s full development potential and active learning capacity are enabled when early childhood development is holistically addressed.
  4. Extending the Centre’s reach to families and communities, recognising the need for service providers and volunteers to reach the most vulnerable age groups and communities.
  5. Encouraging local innovation and capacity building through decentralisation, flexibility, and community-based child care approaches.
  6. The most vulnerable and disadvantaged community groups (scheduled castes, scheduled tribes, minorities, etc.) must be reached.
  7. Strengthening convergence to address the interrelated needs of young children, girls, and women.
  8. A rights-based approach with women’s empowerment as a social quality mover.
  9. The ICDS Universalisation with Quality: Moving from Outlays to Child Related Outcomes.
  10. Securing good governance, accountability and community involvement.

Services

The Anganwadi Services package includes the following six services:

  1. Supplementary Nutrition (SNP),
  2. Pre-school Non-formal Education,
  3. Nutrition & Health Education,
  4. lmmunization,
  5. Health Check-up, and
  6. Referral Services

The ICDS and Gandhi National Rural Employment Guarantee Scheme are becoming more closely aligned

MGNREGS and ICDS have been working together to build Anganwadi Centres in 2,534 backward blocks since 2015. 50, 000 AWCs are issued each year, with a total of 2 lakh AWCs issued by 2019. The objectives are to construct Pucca buildings for Anganwadis in 2,534 blocks, to serve the objectives of pre-school education, nutrition centres, semi-formal public health units, as well as community centres, to create long-term assets and improve village infrastructure, and also provide a creche facility for MGNREGS workers.

POSHAN Abhiyan (Prime Minister’s Comprehensive Nutrition Plan)

The first 1000 days of a child’s life are critical, including nine months of pregnancy, six months of exclusive breastfeeding, and six months to two years of treatment for malnutrition. In addition to increasing birth weight, timely intervention can help reduce infant and maternal mortality (MMR). An additional year of consistent intervention (until the child is three years old) would ensure that the gains of the first 1000 days are maintained. The Aanganwadi Centers should also prioritise the development of children aged three to six years (AWCs). The Mission’s goal is to reduce undernutrition and other related issues by coordinating a variety of nutrition-related programmes.

The Mission is to ensure that all MWCD nutrition programmes are directed at the same population. The NNM will ensure the convergence of various programmes such as Anganwadi Services, Pradhan Mantri Matru Vandana Yojana, the MWCD Scheme for Adolescent Girls, Janani Suraksha Yojana (JSY), the MoH&FW National Health Mission (NHM), the DW&S Swachh Bharat Mission, the CAF&PD Public Distribution System (PDS), and the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

National Nutrition Mission

It was implemented in 315 common districts identified in descending order of stunting prevalence from among 201 districts identified by NITI Aayog based on National Family Health Survey -4 data, 162 ISSNIP districts, and 106 Scheme for Adolescent Girls districts in 2017-18. 235 districts were established in fiscal year 2018-19 based on the status of undernutrition in various states/UTs based on the prevalence of stunting. In 2019-2020, the remaining districts will be covered. This program’s objectives are to –

  1. Prevent and reduce stunting in children (0- 6years) at a rate of 2% per year;
  2. Prevent and reduce under-nutrition (underweight prevalence) in children (0- 6years) at a rate of 2% per year;
  3. Reduce low birth weight (LBW) at a rate of 2% per year;
  4. Reduce the prevalence of Anaemia amongst young children (06-59months) at a rate of 3% per year; and
  5. Reduce the prevalence of Anaemia

Pictorial Handbook for Quality ECCE

The National ECCE Policy has been released by the Ministry of Women and Child Development of the Government of India. The Ministry has created a Quality Standards Framework for ECCE in order to improve infrastructure and service standards, care quality, stimulation, and learning. The framework identifies key principles, indicators, and best practises for ensuring the quality of Early Childhood Care and Education (ECCE) services. Pictorial Handbook on Quality in Early Childhood Education- expands on the Policy’s vision of quality. It depicts various aspects of quality through images, provides glimpses of good practises in various dimensions of quality, and attempts to create a shared understanding of quality among people at all levels, from national-level functionaries to Anganwadi Workers/ECCE teachers/caregivers. It is a practitioner tool for use in ECCE centres by ECCE teachers/caregivers.

Given our country’s diversity in terms of geographical locations, demography, as well as the nature of ECCE programmes and services, this was not possible to cover the entire spectrum in this handbook. It is an attempt to represent some acceptable practises demonstrating various aspects of quality. This Pictorial Handbook on Quality in Early Childhood Education will assist ECCE teachers/caregivers, one‘s supervisors, Program Managers, mentors, and trainers in achieving a high level of quality in early childhood programmes across the country.

Conclusion

Collaboration as well as convergence with various departments but also development partners have the potential to improve health services for malnourished women and children. Decentralizing the planning and management of the Anganwadi Services Scheme under the Umbrella ICDS allows States/UT Governments to break away from routine activities and explore potential for new innovations based on local demands. When combined with scientific demands, the innovations would undoubtedly pave the way for replication to be scaled up in other states. Secondary source knowledge on innovation and best practises in Anganwadi Services is abundant, and it has had a significant impact on malnutrition reduction and child care promotion in many states. Some of the innovations may well have a long-term impact if they are implemented in a systematic manner. State/UT governments will be encouraged to conduct need assessments of vulnerable populations and to evaluate innovations/best practises that will produce evidence-based analysis is to improve child development outcomes.

 

 

Endnotes and References

  1. “India’s Under-5 Mortality Now Matches Global Average, But Bangladesh, Nepal Do Better”. 20 September 2018. Retrieved 18 February 2019.
  2. ^Jump up to: a b “UNICEF – Respecting the rights of the Indian child”. UNICEF. Retrieved 22 March 2011.
  3. ^Kapil U (July 2002). “Integrated Child Development Services (ICDS) scheme: a program for holistic development of children in India”. Indian Journal of Pediatrics. Indian Journal of Pediatrics. 69 (7): 597–601. doi:1007/bf02722688. PMID 12173700.
  4. ^Jump up to: a b c d e Dhar A (27 January 2011). “Infant mortality rate shows decline”. The Hindu. Archived from the original on 25 October 2012.
  5. ^Jump up to: a b c “The Integrated Child Development Services (ICDS)”. UNICEF. Retrieved 22 March 2011.
  6. ^Jump up to: a b “Supreme Court Commissioners”. sccommissioners.org. Archived from the original on 13 August 2009. Retrieved 22 March 2011.
  7. ^“The WHO Child Growth Standards”. World Health Organisation. Retrieved 22 March 2011.
  8. ^“Early childhood development and nutrition in India”. Oxford Policy Management. 22 March 2018. Retrieved 11 June2020.
  9. ^Kinra S, Rameshwar Sarma KV, Mendu VV, Ravikumar R, Mohan V, Wilkinson IB, et al. (July 2008). “Effect of integration of supplemental nutrition with public health programmes in pregnancy and early childhood on cardiovascular risk in rural Indian adolescents: long term follow-up of Hyderabad nutrition trial”.  337: a605. doi:10.1136/bmj.a605. PMC 2500199. PMID 18658189.
  10. ^Kinra S, Gregson J, Prabhakaran P, Gupta V, Walia GK, Bhogadi S, et al. (July 2020). “Effect of supplemental nutrition in pregnancy on offspring’s risk of cardiovascular disease in young adulthood: Long-term follow-up of a cluster trial from India”. PLoS Medicine. 17 (7): e1003183. doi:1371/journal.pmed.1003183. PMC 7373266. PMID 32692751.
  11. ^Nandi A, Behrman JR, Kinra S, Laxminarayan R (January 2018). “Early-Life Nutrition Is Associated Positively with Schooling and Labor Market Outcomes and Negatively with Marriage Rates at Age 20-25 Years: Evidence from the Andhra Pradesh Children and Parents Study (APCAPS) in India”. The Journal of Nutrition. 148 (1): 140–146. doi:1093/jn/nxx012. PMC 6289970. PMID 29378047.
  12. ^Nandi A, Behrman JB, Laxminarayan R (15 February 2019). “The Impact of a National Early Childhood Development Program on Future Schooling Attainment: Evidence from Integrated Child Development Services in India”. Economic Development and Cultural Change. 69 (1): 291–316. doi:1086/703078. ISSN 0013-0079.
  13. ^Nandi A, Ashok A, Kinra S, Behrman JR, Laxminarayan R (April 2015). “Early Childhood Nutrition Is Positively Associated with Adolescent Educational Outcomes: Evidence from the Andhra Pradesh Child and Parents Study (APCAPS)”. The Journal of Nutrition. 146 (4): 806–813. doi:3945/jn.115.223198. PMC 4807645. PMID 26962175.
  14. ^“CHAPTER 2 THE INTEGRATED CHILD DEVELOPMENT SERVICES PROGRAM (ICDS) – ARE RESULTS MEETING EXPECTATIONS?” (PDF). World Bank. Retrieved 22 March 2011.

Misuse of Rape Laws against Men in different States of India

Blog By-

Namrata Tomar

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent.

Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age.”

As we all know that rape is said to be one of the most heinous crimes that takes place in our country. Even after having a lot of stringent law the cases are not declining. one of the biggest reason of the rising cases are that the accused is already aware of the pendency of the court he knows that even if he commits a crime it will take an entire life for the victim to get justice. there are cases where victim dies before getting justice which shows the harsh reality of the judiciary.

But on the other hand fake rape cases on men are also increasing day by day too. A lot of incidents that has reported where men has been accused for rape but lately it was found that it was a fake allegation which not only ruins the life of a men but also bring a question of distrust on those women who have actually gone through the horrible experiences of rape.

One of the biggest reason I find out of women accusing men’s for fake rape allegations is that women are lacking strength to accept the fact that they are not virgin. Though we live in the 21st century but society still doesn’t want to accept pre- marital sex between an unmarried couple. In India any kind of sexual activity of women before marriage brings a lot disgrace to the family. So when the family finds out that such activity has taken between the couple.

Here few women play a victim card even though the sex might have taken place consensually still the women lie to protect themselves from the shame and judgement of the society and that’s how some women use there rights and put forth there point that the sexual activity between them was forced and had taken place without there consent. Any sexual activity without consent of the woman amounts to rape.

This is not it there are also cases where women extort money from men in the name of filing a false rape case against them. In a relationship people share intimacy between them and there private moments too but when things fall apart the women blackmail men to pay her or she will hamper his reputation. These cases are common in metro cities. Though the cases are less as compared to the cases of women who are more vulnerable to blackmailing etc.

We are all aware that one false allegation is enough to destroy someone’s life or there carrier. accused in a false case of rape loses his honour, cannot face his family and is stigmatised for life.

Different cases and different reports are  being prepared which shows clearly the rising false rape cases in our country. Some of the fake rape cases and reports that were found in different states were

A report which said, in 2016, 112 rape cases were registered in North Bhopal out of which 48 were found to be fake, while 179 cases were registered in South Bhopal out of which 64 were found to be fake.

According to the National Crime Records Bureau, a total of 38,947 rape cases were reported in India in 2016. In 10,068 cases – about a quarter – the women claimed it was rape on false promise of marriage.

Whereas in Andhra Pradesh , 45% of all rape cases filed in the past two years fell into the false marriage category.

A Delhi Commission of Women report shows that 53.2% of the rape cases filed between April 2013 and July 2014 in the capital were found ‘false’.

Whereas in Jaipur police says that in 2016, they saw an ‘alarming rise’ in the number of false rape cases. Jaipur Police recorded 330 rape cases and of the 276 cases solved, 43% turned out to be fake. Police told the media that women filed these cases to extort money or implicate the accused.

Conclusion

Lastly we can conclude that all these false cases give rise to the pendency in the court and also waste a lot of precious time of the court. So people who put  such false allegations of rape and misuse the law could not be permitted to go scot-free, strict action should be taken against these people so nobody can dare to take the law in a lenient manner.

Men’s Rights

 

Blog By-

Drishti Chhattani

Course: BBALLB

 College: ITM University

Introduction

Inequality between people of different sexes has been one of the darkest sides of our society, but the inequality between them is not a dilemma born of a modern society, it was created long before the independence of our country. Indian society has always considered men superior to women thus leading to the formation of Patriarchal society in India.

Everything began to change in the 18th century as a group of several men emerged among the many men overwhelmed by their superiority over women, who recognized the need for female empowerment and began to promote the voice of female empowerment groups with the drive to improve the miserable life. women in our country

During the rule of the British in India, the people of India experienced many Socio-cultural changes that ultimately led to the positive evolution of Indian culture, with a high focus and equality for women in India. In 1829, one of the biggest attempts was made by Lord William Bentinck in the XVII century.

To protect women from harassment, there were some provisions that protected them from social evils, one of which was section 375 of the Indian Penal Code of 1840, which was created to protect women from sexual harassment and to stop the rape chart rising in the country. These divisions were created according to the miserable lives of women, so they were strongly in favour of the protection of women, burdening men with the burden of proof, but in modern days there has been a huge shift in equality between men and women. , but this chapter is about money, humiliation, revenge, etc. It has also been abused in various ways.

Section 375

  1. Rape. — A man is said to commit “rape” if he–

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,

under the circumstances falling under any of the following seven descriptions:

First. Against her will.

Secondly. Without her consent.

Thirdly. With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly. With or without her consent, when she is under eighteen years of age.

Seventhly. When she is unable to communicate consent.

Explanation 1. For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2. Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception 1.A medical procedure or intervention shall not constitute rape.

Exception 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape

*[copied from bare act of IPC]

False cases involving bogus victim

One of the biggest reasons why the rightful victim is not protected is that fake lawsuits are filed with fake lawsuits. Although the new rape laws of 2013 were designed with an exceptionally inclusive approach to bringing justice to rape cases. However, there have still been a number of incidents where rape laws were abused, leading to a number of trivial lawsuits.

The Delhi Women’s Commission (DCW) has released a rather shocking statistic that highlights that 53.2% of rape cases filed with the Police between April 2013 and July 2014 are frivolous. The amendments to rape laws introduced by the Penal Code Amendment Act of 2013 are prone to severe abuse and abuse by women with a bad or hidden motive.

Apart from raising the minimum penalty from seven years to ten years and the maximum penalty from the death penalty, the new Law has increased the age of consent from sixteen to eighteen, provided that this is certain and cannot be determined by circumstantial evidence. While these changes are progressive for the righteous victims, they offer the fakers an opportunity to maliciously abuse it. In the next paragraph, we will discuss the threat of false rape cases that cause injustice to both an innocent accused and a righteous victim.

Threat to men kind

The rise of fraudulent cases came shortly after the 2013 Criminal Code (Amendment) Act expanded the scope of Article 375. Accordingly, only one statement from the victim can imprison a man. Police officials have to abide by the protocol set by the law, Police have to detain the man for the protective measures of the woman, all the investigation takes place later. This position of power afforded to women led to a series of false accusations.

One of the popular cases that was featured on all news channels in 2013 was the “Bathinda Rape Case,” according to the Hindustan Times. The gang rape in a moving car turned out to be false.

She played the victim to frame her boyfriend’s wife, who had him jailed for attempted murder by poking her with HIV-contaminated needles. He was released on bail when he made up the story.

Along with the suspect Gurveer Kaur, 24, the police also arrested Rohtash Kumar, who claimed to have brought the woman to the hospital unconscious. Suspects Gurveer Kaur, Rohtash, Ramesh and Sunil Kumar are charged under 420 (cheating), 195 (false evidence to imprison someone for life), 211 (false charge with intent to injure), and 120-B (criminal conspiracy). of Indian Penal Code (IPC)

The plan also included consensual sex between Gurveer Kaur and Rohtash Kumar to make it easier to prove rape.

A year ago, Gurveer and her boyfriend Sunil Kumar were accused of torturing Sunil’s wife enough to poke her with unsterilized needles that cause HIV-AIDS. The target was blinded by the repeated attack, and on Friday, doctors at the Postgraduate Institute of Medical Education and Research (PGIMER) in Chandigarh operated on their eyes.

In January last year, Gurveer and Sunil were charged with attempted murder after the victim’s father brought the matter to the Punjab police chief. In Abohar prison, they befriended Rohtash and Ramesh and made them partners in the conspiracy.

“All four suspects, including Sunil Kumar, who was in prison, are now suspects in the fake gang rap case,” police inspector general Nirmal Singh Dhillon said on Monday. “A hunt has begun for Ramesh. Gurveer Kaur and Rohtash have consensual sex to prove rape and put their enemies behind bars.”

A 75-year-old man was recently prosecuted for raping a woman far below his age (see here), the 75-year-old man who lost his wife was so old he could barely walk. accused of raping a young woman. He was sentenced to 6 months in prison for this act, after which he was released on bail, but still humiliated by his children, friends and relatives on charges of rape. But he finally found justice when the court learned the truth after the women who accused him admitted in his testimony that it was done for money and property. Although he finally finds justice, looking at this whole incident, nothing can be done but to mourn what this old man went through during his 6-month detention and humiliation. never committed.

BBC News also ran an article about a 44-year-old real estate agent named Gupta accused of rape by a woman he was dating to show some properties, the women turned out to be coerced by a real employee. The real estate agent he caught embezzling money. It took 8 months, even though he left the case after his innocence was proven. And during these eight months, Gupta lost any shred of social standing he had; His family also suffered.

The victim of a false rape accusation is just as bad as the rape victim. No one can imagine the shock, trauma, ridicule and humiliation she went through after being falsely accused of rape. Not only men, but also their families or relatives are exposed to various consequences, isolation and ridicule are a few of them. Her future is shattered, and the humiliation and disgrace society faces are enough to break anyone until they can’t even think of living the way they used to.

These cases mentioned above are just a few examples of how miserably men suffer because of a gender-neutral law. This scenario might make everyone in the world wonder what’s really going on in the world’s largest democracy, ‘India’. These fake rape cases filed are not only a threat to men but also act as a parasite for our country as they increase India’s Crime Rate and discredit our country around the world.

Recent false rape case

As discussed above, not every rape victim is genuine, there are those who maliciously file false lawsuits. This makes it difficult for legislators to introduce any changes to rape-related laws. One of the criticisms against extending the definition of rape beyond influence is that rape is made an excessive crime and can result in a devaluation of sanctions.

In 2020, the Kerala High Court released the latter on bail after expressing dissatisfaction that a woman had filed a false rape complaint against a health inspector. As a result, the health inspector was kept behind bars for seventy-seven days. The complaint is made under 323 (voluntarily causing serious injury), 506(i) (criminal intimidation), 376, 376(2)(n) and 376C(b) (rape) of Indian Penal Code. But she later retracted the same thing, saying it was consensual sex, not rape.

[Vishnu Tiwari v. State of U.P.]

Rape is a very sensitive matter in India which is dealt today. India has provision if a female gets rapped but don’t have provision if a female rune someone’s life in false rape case. Same was seen in the case of Vishnu Tiwari who spent his 20 years in prison for offence which he didn’t committed.

As rightly quoted,

“It is better that ten guilty escape than one innocent suffers”.

-William Blackstone

Facts

Vishnu Tiwari, a person in a village of UP’s Lalitpur district was sent to jail for 20 years in a false rape case. When he was arrested, he was 23 years old and after twenty years Allahabad High court has passed the judgement that he is innocent and he had not committed any crime. He was 23 years old when he was arrested and now, he is 43 years old.

In the case, Tiwari was 23 when the woman was first apprehended in September 16, 2000, based on an FIR filed by her husband and father-in-law. She was accused of sexual harassment, rape and beating while she was five months pregnant.

The girl who accused Vishnu Tiwari of rape was from the same village and said that he attacked her on her way to work.

Subsequently, he was charged with rape and brutality under the SC/ST Act. Tiwari was released on parole, but was arrested once again in 2001. He served as a non-commissioned officer for two years before being sentenced to life imprisonment by the Lalitpur court in 2003. Sentenced to ten years in prison for rape under Sections 376 and 506 of Indian Penal Code. Vishnu’s troubles did not end there; He was sentenced to life imprisonment after being found guilty under sections 3(1)(7) and 3(2)(5) of the SC/ST Brutality Act.

Tiwari tried to have her conviction reversed by a court in 2005, but her appeal was found erroneous as all relevant documents were missing. It stayed that way for the next 16 years.

According to Tiwari, the lawsuit resulted from a land and animal dispute. He had never met the woman and only knew her as a bahu. “All they wanted was money from him under the Harijan law,” and he never thought he would have to spend the next 20 years in jail because of his greed.

Judgement

Court of Justice Kaushal Jayendra Thaker and Gautam Chowdhary mentioned this when ordering the release of a Vishnu in the Allahabad High Court acquittal decision.

“The most unfortunate aspect of this case is that the appeal was preferred over jail,” he said in the ruling. “The matter remained flawed for 16 years, so we don’t normally talk about flawed appeal numbers, but we talked about the same.”

According to the high court, the medical findings did not show any signs of sperm and forced sexual intercourse. “We discover one more fact: Despite the prosecutor’s accusation of rape, there are no injuries in the private parts of the lady, despite the fact that she is a fully grown woman who is pregnant and said to have been battered,” the court said. “Furthermore, there was reason on the plaintiff’s side that the parties were in a land dispute.

It also turned out that there were some inconsistencies in the FIR’s original filing, which was a false rape claim. This failure to investigate reflects badly on the police, who refuse to conduct a thorough investigation and dismiss the allegation as unfounded.

The court went on to say that there were some inconsistencies in the testimonies of victims and witnesses based on its previous findings. We couldn’t ignore the fact that an innocent man lost 20 years for a crime he didn’t commit.

What is section 498A of IPC?

Section 498A of the Indian Penal Code (IPC) deals with violence perpetrated on women after marriage by their husband, mother-in-law or any relative of the husband. It imposes 3 years punishment and a fine. This gives a new definition to brutality. Brutality can be defined as: –

  • If the action is of such a nature as to induce the woman to commit suicide or self-harm, which could be fatal. This is included after Shobha Rani v. Medhukar Reddy case. It was made in the case where evidence is needed to prove persecution.
  • If any unlawful demand is made or done for harassing wife or any person related to her.

Misuse of law

The Supreme Court Calls Article 498A ‘Legal Terrorism’. Abuse or abuse of the law is mostly perpetrated by urban and educated women. Also, in most cases, the husband and two of his relatives are also prosecuted.

  • Women use it more as a weapon than to protect themselves. In Arnesh Kumar v. Bihar State case, it was revealed that incapacitated grandparents and even their relatives living abroad were arrested. So women started using their husbands as a weapon to get them arrested if they were dissatisfied. There is a large number of false cases filed each year, which increases the waiting time of cases in the courts.
  • There have been several cases where the man was not from India and came to India to marry the lady. Due to the fear of extortion and imprisonment, he is made to do things he would not do otherwise. Male is under the fear of Section 498A.
  • The police visit the men’s office buildings and their reputation is tarnished. The police can also take relatives if the complaint is damaged. It also does not require any proof before being arrested. It doesn’t even need an investigation. So, if there is a small disagreement, the woman can use the division to take revenge.
  • Gifts are sometimes misunderstood as dowry. So, this can again cause problems.

Therefore, pro-women laws should not become anti-male laws.

National Criminal Record Bureau publishes “All India Crime Data” every year. Cases registered under article 498A are increasing every year, but the conviction rate is decreasing every year. The conviction rate under Section 498A is ¼ of the total crime conviction rate.

What is Section 125 of Cr. PC?

“The child support scheme of spouses, children and parents” are dealt under Section 125 of the Cr. PC. In this section, the names of those who are entitled to receive alimony, the materials required to claim and receive alimony, and the order of the first-class magistrate are given.

False case under 498A IPC, 125 Cr. PC, which lead to cruelty against men.

Rishi Pal vs Luxmi Devi and another on 27.08.2009

Appeal was made by the appellant that is husband is directed against the judgement and the decree which was dated on 25th September 1998, where learn additional district judge, Jagadhri vide which the petition was filed by the appeal and under section 13 of the Hindu Marriage Act which was ordered to be dismissed.

A petition was filed by plaintiff under section 13 of Hindu Marriage Act on the pleading, it was held that parties were married according to Hindu rites on 18th April 1984, at village malakpur Bangar. Apart from the state of being married, one female child, who was eight near about 12 years on the day when the petition was presented, was born and was living with the husband. Relations between the parties became tense in 1992, as the defendant-spouse began to visit her parents’ house very often unnecessarily and sometimes even without the plaintiff’s consent. The appellant became suspicious, and in mid-September 1992, when the defendant was at his parent’s home, the appellant also went there and learned that he was at the home of defendant number 2 and found them in a house, compromising position. Despite his arrest, he did not give up his activities and continued to go to his parents’ home and resided there with the defendant number 2. He claimed that the defendant-wife was leading a life of adultery. In addition, the appellant’s situation is that after the appellant’s wife-defendant told her parents about her illegitimate relationship with defendant number 2, she began to hate the appellant and could not be brought back despite all efforts in her marriage house. It has been argued that the defendant-wife left the plaintiff-husband.

The defendant-spouse also brought an action against the appellant, acquitting under Article 498-A of the IPC. Defendant-spouse is also subject to Section 125 Cr.PC. Upon notice, both defendants adjusted the case to the appellant. The defendant-spouse claimed that 1.00 lac was spent for the marriage. She denied the allegations made by him. The plaintiff allegedly was a drunkard and argued with him over very minor matters. It was the plaintiff who made his life hell. In 1992, she denied going to his parents’ house too often. She also denied the allegations of adultery. It was alleged that the appellant claimed Rs.20,000/-, his father brought a panchayat and paid the appellant Rs. 10000 the appellant agreed to keep his wife with him. However, after staying in the marriage house for 20 days, she was expelled from the house again. The case filed in the defense was that the appellant was dissatisfied with the defendant-wife as she could not give birth to a son. The escape allegations were denied. However, she admitted that she had lodged a complaint against the applicant under IPC Section 498−A. The defendant-spouse claimed that fraternity intervened and the issue was reconciled. As stated earlier, other claims have been denied. Defendant No. 2 also denied the allegation of adultery.

The Civil Court of First Instance evaluated the evidence and decided on the cases of adultery and desertion against the plaintiff. The court also found that the allegations of persecution were unfounded and the issue of persecution was decided against the appellant.

On the subject of adultery, the court decided that the appellant approved the act of adultery according to the allegations and evidence, and that there were differences in the claims and evidences in this regard, therefore, the statement of the appellant was not believed. The Civil Court of First Instance determined that it was the plaintiff who was at fault regarding the desertion. The learned Court did not believe the letter that was given as a basis to prove the fugitive.

Learning about the persecution issue, the Marriage Court stated that the defendant-spouse did not support the prosecution case due to the panchayat’s interference, so the false prosecution allegations were not proven.

This decision of the Learned Marriage Court is inadmissible. It may be recognized that a criminal case brought against the appellant which resulted in his acquittal is admissible. It has also been proven in the records that the parties did not live together afterwards. Therefore, it cannot be said that the defendant did not support the case because of the agreement between the parties. Dharam Pal Vs. Smt. Pushpa Devi, AIR 2006 Punjab and Haryana 59 is pleased to say that when his wife lodges a complaint and the allegations made by his wife are found to be unfounded, then the wife will be guilty of wrongfully prosecuting her husband, which amounts to cruelty. It is well-understood law that filing a false criminal case against a spouse is an act of cruelty and the spouse has the right to decide on a divorce based on his or her suffering. It is also undisputed and substantiated according to the records that the defendant-wife lived in the parent’s home and left the little girl in her husband’s custody. This behavior of the defendant-wife which lead to mental and physical cruelty, as it affected his performance of duty, was decided by the Court in Balbir Kaur Vs. Daljit Singh, 1997(2) RCR (Civil) 121 and Raj (Smt.) Vs. Dalbir Singh, 1997 (2) All India Hindu Law Correspondent 82.

This Court in case of Raj (Smt.) Vs. Dalbir Singh (supra) has laid down as under: −

“5. After hearing the defendant’s lawyer who took to the evidence in the minutes, I am of the opinion that the findings recorded by the trial court are indisputable and the present appeal is devoid of any merit. In his petition, the husband claimed that the wife was a moody woman and had repeatedly mistreated him and his family members. He did not put forward any examples of bad behaviour in his petition and did not bring any evidence in this regard. The general defense that the wife is constantly misbehaving is rather vague and not sufficient to justify that the husband has been cruelly treated. Regarding her escape request, she stated that she had been kicked out of the house after being beaten while his wife appeared to be RW1. At the head examination, she did not indicate that the husband or family members ever wanted a dowry. Apart from his statement, there is no evidence in the records that she was kicked out of the house as she claimed. Surprisingly, on her way to her parents’ house, she left behind a daughter who was raised by her father. On the other hand, the husband entered the witness stand as PW1 and stated that his wife left him without sufficient reason and took panchayats to his parents’ house to bring him back but refused to come back with him. His version was supported by other witnesses.

The court was right in finding that the applicant had left her husband without sufficient reason. According to his wife, she had left home about four years before the petition was filed. As a result, the findings recorded by the trial court were confirmed. Consequently, there was no justification for the appeal and the same case was dismissed without any order of costs.” For this reason, even if the reason for desertion and adultery was not proven, the appellant was given the right to decide on divorce due to persecution, based on proven facts.

This appeal is allowed, the decision and decision made by the learned Marriage Court is nullified and the petition filed by the appellant husband under Section 13 of the Hindu Marriage Act is allowed, but there is no order regarding costs.

Opinion

Therefore, some deficiencies in the system cause us to conclude that our system needs to be changed urgently. The fundamentals of the criminal justice system, including the police, courts and justice system, need to be improved. Investigations must change, regulations must be strictly followed and the judiciary must play a more prominent role. There should be regular inspections for cases appealed, and the prison authority should vigorously pursue the commutation of sentences for long-term incarcerated persons. To sum up, every part of the criminal justice system must work together to ensure that no innocent citizen feels the burden of our system’s shortcomings.