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Found 11 results

  1. Pro-women's laws misused, say civil society groups as reported in Jansamachar New Delhi, Aug 25 (IANS) Lashing out at the National Commission for Women (NCW) a day before Women Equality Day, two civil society groups Monday said that the pro-women, progressive legislations in the country were being misused, and demanded that the legislations be made gender neutral. The Mothers and Sisters Initiative (MASI) and All India Forgotten Women (AIFW) in a joint statement said that the laws for the protection of women and their rights - like the legislations against rape and sexual harassment, adultery or domestic violence, divorce or child custody - should be made gender neutral. The two organisations said that a Right to Information (RTI) application has revealed that information given by the NCW was false. NCW chairman Girija Vyas's statement that in 70 percent divorce cases men try to escape from providing maintenance to their former wives by alleging adultery, in response to the RTI application was found to be completely false and far fetched, they said. Sandeep Bhartia of Gender Human Rights society, which helped both these organisations in logistics, said that an RTI filed by them last month revealed surprising results. The NCW keeps making fleeting statements not backed with proper logistics and data. To their own claim that in 70 percent divorce cases men try to escape providing maintenance by alleging adultery, they responded to the RTI that they don't have any such data, Bhartia told IANS. The organisations went on to say that the NCW grossly exaggerates data of dowry harassment, dowry deaths and domestic abuse in order to attract funds from foreign agencies like the United Nations Development Fund for Women (Unifem). On the occasion of Women Equality day, the organisations want to say that in the name of women empowerment, lets not punish elders, children and innocent people who, without proper investigation, are arrested under the Domestic Violence Act, Dowry Prohibition Act and the likes." All that we demand is that provisions of the Domestic Violence Act, adultery laws, laws against rape and sexual harassment and family laws (divorce, maintenance and child custody) should be made gender-neutral, Bhartia said on behalf of members of MASI and AIFW. http://www.jansamachar.net/display.php3?num=13781
  2. CIC has ruled that "No dowry" declaration form submitted by a public servant can be disclosed under RTI - after severing that information (under Sec 10) which can be denied. No dowry declaration form to be provided after severing information under Sec 10.pdf
  3. rightsaid

    Dowry declaration

    Guys, I had applied to my Father-InLaw office (retired). He has filed a false case of 498a dowry case on me and other 5 family members. He is giving a lot of trouble by not presenting himself regularly in court. This has caused me a lot of harrassment to all of us. He knows he cant prove the allegation, but only give trouble and compell me to do his biddings. I came to know about ur RTI forum, thought i can get justice with help of RTI. I wrote a RTI to his office whether he had drawn any amount from his provident fund? The PIO replied affirmatively and further himself mentioned that he also had given a declaration form to his dept mentioning that the amount drawn is for his daughters wedding and NO DOWRY is involved in it. (This is a mandatory declaration to be given by central govt employees though whenever they take amount from their dept for marriage purpose) Through another RTI, I askd for a certified copy of that declaration to be sent to me. Now the PIO has refused quoting 8(1)(j) of RTI act. Obviously my FIL must have influenced him not to part with it. I am helpless and stuck now. Is it right on part of PIO to deny me.? I will apply a second appeal though. But i am sure the officer will be of same dept an refuse it. The Appellate authority has earlier too refused some information. So i cant expect any info. Pls help how tro go about now. Life and liberty of 5 people is at stake.
  4. Seniors please help on it. The contents of my case and RTI is hereunder: The FIR has been registered u/s 498a/406. TO, The PIO, Office of DCP, Address:xxxxxxx New Delhi I had asked for the mentioned under RTI: 1. the copy of the entire procedings (Original Enquiry Report) done by the E.O / I.O of the West District: CAW Cell- xxx, New Delhi. in relation to complaint no. xxxx/xx. 2. copy of the approval and remarks given by the ACP/CAW Cell and by the DCP-II/West district, New Delhi on the Original Enquiry Report. The information has been denied under section 8(1)(h) of RTI-2005 citing reason that this will impede the process of investigation. Seniors please guide how can I get the required info and also some CIC orders asking to provide the info so that i can go for the appeal. Survivor
  5. As reported by Santosh Tiwari at business-standard.com on September 25, 2011 Investigating and law enforcement agencies are concerned over the growing number of attempts to misuse Right to Information (RTI) to settle personal scores and animosities, and make personal gains. A senior official from one of the investigating agencies told Business Standard that serious concerns were raised in several meetings convened by the government with the Income Tax Department, the Central Bureau of Investigation (CBI) and others in the recent past. “It has been pointed out that steps are needed to balance the RTI provisions, privacy concerns and protection of individuals and institutions from misuse of any information acquired through RTI,” the official said. He added, the discussion on the proposed Right to Privacy Bill had been broadened to cover this aspect. “It has also been felt that the RTI Act should have provisions so that frivolous complaints and RTI applications are dealt with a firm hand,” he said. The issue was also part of the meeting of the officials from these agencies and also from the concerned ministries, including the ministry of home affairs, called by the Department of Personnel and Training (DoPT) this week. CBI, the Enforcement Directorate (ED), the investigation wing of the Income Tax department, the Narcotics Control Bureau, the Directorate of Revenue Intelligence (DRI) and Delhi Police are all concerned. “It has been seen that the RTI Act is often misused for settling personal scores and grudges,” the official said. The applications aimed at misusing RTI have emerged as a major problem in the dowry and income tax related cases. Outlining the problem, a senior Income Tax official said: “Earlier people would send complaint against an individual first and then file RTI to get the details about tax payments and income. The situation has changed. The complaint and the RTI are coming together and they demand information within a month.” The investigating agencies have stressed that the endeavour to derail critical investigations by seeking information through RTI is emerging as a big issue, the official said. “If the official handling the RTI application is amenable to manipulation, the results could be dangerous,” he added. Explaining the extent of the problem, he said in one of the RTI applications it had been demanded that information should be provided on the postings of a particular army official in different armed forces bases.
  6. It was horrifying to read the judgment below, where an accused husband was given bail but with the condition that he will not file RTI regarding her wife or her family members (see bold sentence in judgment below). http://courtnic.nic.in/dhcorder/dhcqrydisp_O.asp?pn=10933&yr=2010 IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 2102/2009 RAJESH VERMA ..... Petitioner Through: Mr. Kunal Duggal and Mr. C.M. Verma versus STATE ..... Respondent Through: Ms. Fizani Husain, APP. ASI Shyamlal Bhardwaj, PS Lajpat Nagar. Mr. Ajay Digpal for the complainant. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R 18.01.2010 Mediation is reported to have failed. The petitioner is the accused in the FIR of offences under Sections 498A/406/34 of the IPC. He is working as a senior scientist with CSIR. According to the complainant wife, she is living separately from petitioner since 26th November, 2008. FIR was lodged on 4th June, 2009. The petitioner as well as the complainant wife had been married earlier. Each of them has a grown up child from the earlier marriage. The APP contends that no jewellery has been recovered from the petitioner. The counsel for the complainant wife contends that the petitioner is not paying any maintenance also. The petitioner had on 12th November, 2009 before this court paid Rs.50,000/- to the complainant wife. It is further contended that the petitioner is harassing the complainant wife and her family. In the circumstances aforesaid, it is directed that in the event of arrest, the petitioner be released on bail on furnishing security bond of Rs.10,000/- to the satisfaction of the arresting officer. The following further conditions are agreed by the petitioner:- a. That the petitioner shall not file any complaint and/or RTI enquiries qua the affairs of the complainant wife or any of her family members. b. That the petitioner shall continue to pay a sum of Rs.10,000/- to the complainant wife w.e.f. 1st December, 2009 and till the date of decision on the application for interim maintenance in maintenance proceedings stated to have been separately instituted. The amounts so paid shall be adjusted in the interim maintenance if any to which complainant wife is so found entitled. It is clarified that the amount of Rs.10,000/- per month offered by petitioner as a condition for bail, shall not influence the court where application of complainant wife for maintenance is pending. c. The petitioner shall not leave Delhi without the permission of IO and shall deposit his passport with the IO. Copy of this order be given dasti to the counsel for parties. RAJIV SAHAI ENDLAW,J JANUARY 18, 2010 pp Let’s look at it from the following viewpoints: It is a well accepted principle of law that a person accused of a crime is innocent until proven guilty. Will the judges curb freedom of RTI if the accused was a powerful person? Further, Right to Information is a fundamental right derived from Article 19 of Indian constitution, and also considered a fundamental right from various international conventions. World over, fundamental rights cannot be curtailed except under very special situations of national security and the like. Here it seems an accused if fit to be granted bail, but he is not fit enough to exercise his fundamental right of RTI. He can exercise his right to vote, stand for elections, and so on, but only not be able to exercise RTI! Under what rule can a judge trample upon fundamental right of a citizen, especially considering that no rationale or reason for the order has been given in judgment. Right to Information grants an Indian citizen to get public information from public authorities. Such information is already in public domain and no one can be said to be harassed or inconvenienced by disclosure of such public information. The Right to Information is not right on private information of another person, but on public information which cannot be said to be private property of any person. Then how can a judge decide that a particular person cannot file for RTI on another person. The RTI is only on public information. It seems clear that the judge has tried to cut off the source of information this accused man could use to prove himself innocent. Read this story about how a man was able to prove his innocence using RTI in a very similar situation where he was accused by his wife in a dowry case. Our hopes are that other judges will read this blog post and understand that their actions and judgments are being watched by citizens.
  7. RTI helps family to fight fraud daughter-in-law as reported in Pune Mirror by Chaitraly Deshmukh, September 30, 2010 In 2007, Tejashree Mahesh Kalge, a bank employee consumed poison and tried to commit suicide alleging harassment from her in-laws. Her father Haribhau Prabhavalkar, former deputy mayor of Kolhapur, filed a case against his daugther’s in-laws. After this, Tejashree’s in-laws were in jail for 21 days. Upon their return from jail, they noticed that their house was ransacked and jewellery was missing. Following this, Tejashree’s in-laws rushed to the police station, but the police refused to file it. In the meanwhile, the family was relieved from Tejashree’s first case of abetment to suicided filed against them. The Kalge family had to run pillar to post for two long years to get an FIR filed and it was only after they found out, through a Right to Information (RTI) petition, that the doctor who examined Tejashree and issued a medical certificate at the time of her suicide attempt was an Ayurvedic practitioner, who cannot issue these certificates. The Kalge family then filed a private case through their lawyer in February this year. Finally, on September 18, the Judicial Magistrate (First Class) Rajan Gunjekar directed the police to file a case against Tejashree Mahesh Kalge, her parents, relatives, two doctors and some 20 people in all. Additionally, Tejashree’s father-in-law Subhanrao (70) and his married daughter Meera (36) have filed a case of molestation against Tejashree, her father Haribhau and the doctors who examined her. On Tuesday, the Chinchwad police filed a case of rioting, dacoity, filing a false case, punishment for robbery, criminal conspiracy, assault, roiting, wrongful restraint, molestation, attempt to suicide, fabricating evidence in a judicial proceeding, house trespassing and criminal intimidation against the 20 accused. Subhanrao says, “We have been running around to file a case for the last two years. We even approached the District General of Police of Maharashtra, who even directed the police to lodge a case, but nothing was done. So, we had to file a private case through our lawyer Sanjay Kadu.” Subhanrao recalls, “On December 20, 2007, Tejashree consumed poison and soon my wife took her to a private hospital and informed us. What made her take that step is still unclear. Later the police came and arrested us. We were in jail for 21 days. We don’t want revenge, but our name has been tarnished and we want to know the truth.” Explaining how RTI helped him, Subhanrao added, “We learnt from the forensic department that not even an inch of poison was found in her body. Her reports were normal. The police took no time to arrest us, but now they haven’t made a single arrest.” Inspector incharge of Chinchwad police Mahesh Joshi said, “Till now, we have not made any arrests but are investigating all possible angles.” When contacted Tejashree flatly denied the allegations. RTI helps family to fight fraud daughter-in-law, News - City - Pune Mirror,Pune Mirror
  8. Hi All, My brothers wife was given a complaint against my brother and my mother in my home town in the month SEP 2009. Based on her complaint polices conducted family counseling between my brother and his wife. Her complaint is not registered (when I say not registered it means, FIR not filed) but it is in their family counseling records. I have the XEROX copy of this complaint. Because of some other issues I need the certified copy of the same complaint. When I request the polices for the certified copy, they are telling that we can not provide you the certified copy because the case is not registered. It is very important to me to get the certified copy of that complaint. Can I get the certified copy under RTI ? If I can get it under RTI, (1) To whom I need to send my request ? (2) on Whose name I need to take the Postal Order ? Thanks for efforts in this regard in advance. Thanks, Masthan
  9. My wife has filed false dowry case against my family 20 days back i applied for all the statements recording in women cell.But today they gave me all my statements but not from my wife statements.And they gave the reason of section 11 and 8(1)g. Now today i have applied for all the note sheet(statements recorded of my wife and myself) recorded by investigating officer on all the dates, which are signed by me and my wife. Now i want to know that is there any ground on which they can denied me the information in seeking.If they denied then what can i do?
  10. Atul Patankar

    Case boomerangs on dowry givers

    As reported by Case boomerangs on dowry givers- Hindustan Times This may act as a reminder that “giving” dowry is also an offence. In perhaps the first of its kind case, a Noida court has ordered the registration of a criminal case against a woman, her parents and brother for allegedly giving dowry. The Noida chief judicial magistrate ordered the registration of an FIR against Sarita (name changed) and her family members after her husband Hari (name changed) filed a complaint alleging that they were trying to extort money by filing a dowry demand case against him. Hari is an engineer. Hari, who spent a week in jail after the allegation, said the police did not verify the financial background of his in-laws who claimed they had given Rs 12 lakh and a Maruti Alto as dowry to him. Hari also contended that, in any case, dowry-givers are considered accomplices under the Dowry Prohibition Act. Hari used the Right to Information (RTI) Act to challenge his wife’s claim and the police’s refusal to register a case on his complaint. The RTI reply showed that the police registered the case against Hari on the verbal complaint of Sarita and that the charges against him were never verified, his counsel Pradeep Nawari said. The Delhi High Court had recently said women or their parents who go ahead with marriage despite dowry demands from the bridegroom’s side would have to be seen as “accomplices to the crime” and “will face prosecution” under the Dowry Prohibition Act.
  11. Hi all ! A false dowry case have been filed against me and family by my in-laws wherein it has ben claimed that I've taken huge dowry in gold and cash.My father-in-law is a small trader and doesn't have the means to give huge dowry as claimed by him.However,I need to establish that in the court to prove my inocence.Can anyone help me in understanding 1.If I can use RTI act to get the income/income tax details of my father-in-law? 2.What be the procedures for getting this info? Any help in this regard would be greatly appreciated. Thanks and regards
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