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Do matrimonial laws REALLY FAVOR WOMEN?

Page no : 10

Bhartiya No. 1 (Nationalist)     02 August 2010

India ranks a poor 114th in gender equality

 

The country ranks in the bottom half, among 134 countries, in terms of gender equality in the latest ranking that assesses the distribution of resources and opportunities among males and females around the world

Slipping one place from last year, India has cornered the 114th position in the World Economic Forum’s (WEF) ‘The Global Gender Gap Index 2009’ ranking. India ranked 114th in 2007 too; it cornered 98th place in 2006. 

The WEF’s annual ranking, released on October 28, 2009, attempts to assess “how well countries are dividing their resources and opportunities among their male and female populations, regardless of the overall levels of these resources and opportunities”. 

Along with India, other Asian countries like Korea (115), Iran (128) and Pakistan (132) continue to hold some of the lowest positions in the rankings that are led by Iceland and three more Nordic nations -- Finland (2), Norway (3) and Sweden (4) -- at the top, and New Zealand in fifth spot. Other countries in the top ten include South Africa (6), Denmark (7), Ireland (8), the Philippines (9), and Lesotho (10). 

The United Kingdom ranks 15th while the United States is in 31st spot -- three spots lower than it was last year. Though placed way ahead of India, neighbouring China has dropped to 60th position from 57 last year. Among other BRIC nations, Russia ranks 51st while Brazil is in 82nd spot. 

“While India, Iran and Pakistan perform very poorly on the economic, education and health sub-indexes, their overall scores are partially bolstered by relatively good performances on political empowerment,” the WEF said.

Stressing that certain religions and cultural norms around the world prevent women from attaining equal status in society, a top UN official cited India as an example saying that the government was making tremendous efforts to uplift the better half of its population. 

“You find countries like India where there are traditional practices and yet the state in its approach towards women has always held equality as a basis,” Asma Jahangir, UN special rapporteur on religious freedom, said. 

The WEF says the index scores are meant to indicate the percentage of gender gap that has been closed. Women entering senior official, managerial and legislator roles, gains for women in parliament, and women ministers in the new government helped close the gender gap in the country. That means a higher score on the index represents a more gender-equal society, at least according to this methodology. 

“Girls and women make up one half of the world’s population, and without their engagement, empowerment and contribution we cannot hope to achieve a rapid economic recovery nor effectively tackle global challenges such as climate change, food security and conflict,” Klaus Schwab, founder and executive chairman, WEF, said. “The Forum works year-round with leaders on ways to close gender gaps through its Women Leaders and Gender Parity Programme, and this report underpins their work.” 

The Global Gender Parity Group, a community of highly influential leaders from business, politics, academia, media and civil society -- 50% women and 50% men -- seeks to share best practices and identify strategies to optimise the use of talent. 

“Out of the 115 countries covered in the report since 2006, more than two-thirds have posted gains in overall index scores, indicating that the world in general has made progress towards equality between men and women, although there are countries that continue to lose ground. We have included a section on the dynamics of the gender gap and found that progress is achieved when countries find ways to make marriage and motherhood compatible with the economic participation of women,” said co-author Ricardo Hausmann, director of the Centre for International Development at Harvard University, USA. 

The Forum continues to expand geographic coverage in the report. Featuring a total of 134 countries, this year’s report provides insights into the gaps between women and men in over 93% of the world’s population. Thirteen out of the 14 variables used to create the index are from publicly available hard data indicators from international organisations such as the International Labour Organisation, the United Nations Development Programme and the World Health Organisation. 

Some notable facts: 

  • Among the 134 countries covered in this report, Ireland has the lowest maternal mortality rate (1 death among 100,000 live births) while Chad has the highest maternal mortality rate (1,500 deaths among 100,000 live births). Twenty-four countries have a maternal mortality rate of greater than 500 deaths per 100,000 live births.
  • Annually, more than half-a-million women and girls die during pregnancy and childbirth; 3.7 million newborns die within their first 28 days.
  • 99% of maternal deaths occur in developing countries. Half of these occur in sub-Saharan Africa and another third in South Asia.
  • A woman in a least developed country is 300 times more likely to die from causes related to pregnancy and childbirth than a woman in an industrialised country, in her lifetime.
  • Maternal and newborn health are intimately linked. Children who have lost their mothers are four times more likely to die prematurely than those who have not.
  • It is estimated that for every woman who dies, another 20 suffer from illness or disability as a result of pregnancy or childbirth -- around 10 million women a year.
  • Many of these women not only face discomfort and emotional distress but are shunned by their families.
  • Every year, about 1 million children are left motherless and vulnerable. They are less likely to attend school, which, in turn, means that they risk a life living in poverty as adults.
  • Approximately 80% of maternal deaths could be averted if women had access to essential maternity and basic healthcare services.
  • The five major direct causes of maternal death in developing countries are severe bleeding, infection, hypertension, complications from unsafe abortions, and prolonged/obstructed labour.
  • About 20% of maternal deaths have indirect causes that complicate pregnancy or childbirth, such as malaria, anaemia, hepatitis and HIV/AIDS.
  • Another serious factor is insufficient access for women and girls to nutritious food.
  • Weak healthcare systems often do not prioritise women’s health.
  • Lack of skilled health workers to support a woman through pregnancy, childbirth and post-natal care. There is evidence that worker numbers and quality are positively associated with maternal survival.

Source: The New York Times, October 29, 2009
             Press Trust of India, October 28, 2009,
            https://www.rediff.com/, October 2009

Bhartiya No. 1 (Nationalist)     02 August 2010

India’s ‘missing women’ highest in Asia-Pacific: UNDP report

 

Discrimination against women that threatens their very existence is rife in the Asia-Pacific region, and India is at the top of the list says a recent UNDP report on gender equality

India has the highest number of women dying because of discriminatory treatment in access to healthcare and nutrition, s*x-selective abortions and infanticide, in the Asia-Pacific region.  

In 2007, the latest year for which figures are available, 42.7 million Indian females died for these reasons, says the United Nations Development Programme (UNDP)-sponsored 2010 Asia-Pacific Human Development Report launched on March 8, 2010. Titled ‘Voice and Rights: A Turning Point for Gender Equality in Asia and the Pacific’, the report focuses on gender equality. 

The UNDP terms these “missing women” and India and China account for more than 80 million such women. This seriously skews the s*x ratio. A March 4, 2010 article in The Economist said that in China and northern India more than 120 boys are being born for every 100 girls, and this goes up to 130 boys in some provinces in China.    

“It is no exaggeration to call this ‘gendercide’. Women are missing in their millions --aborted, killed, neglected to death. In 1990, Indian economist Amartya Sen put the number at 100 million; the toll is higher now,” The Economist says. 

Women comprise 51% of the population in most regions worldwide, yet they account for only 49% of the total population in Asia-Pacific, the UNDP report adds. In India, women account for 48.2 % of the population, the worst figure in the South Asia region, with Pakistan marginally better off at 48.5%, Bangladesh at 48.8% and Nepal and Sri Lanka at 50.4% and 50.5% respectively. 

The report says there is a wide disparity between male and female child mortality rates in India: 72 per 1,000 male children under the age of 5, compared to 81 per 1,000 female children. 

Lack of women’s participation in the workforce costs the region billions of dollars every year. In countries such as India, Indonesia and Malaysia, conservative estimates show that GDP would increase by up to 2-4% annually if women’s employment rates were raised to 70%, closer to the rate of many developed countries. 

Fewer women than men are in paid work in every country in the region, with striking contrasts between South Asia and East Asia. Nearly 70% of East Asian women are in paid work, well above the global average of 53%, in countries such as Cambodia, China, and Vietnam, for example. In South Asian countries like India and Pakistan, fewer than 35% of women do paid work.  

Despite laws guaranteeing equal pay for equal work, women in this region still earn considerably less than men, with the pay gap ranging from 54% to 90%. Women “consistently end up with some of the worst, most poorly-paid jobs -- often the ones that men don’t want to do, or that are assumed to be “naturally” suited to women,” the report found.    

The Asia-Pacific region includes China, Mongolia, Vietnam, India, Indonesia, Malaysia, Thailand, Afghanistan, Cambodia, Indonesia, Pakistan, Bangladesh, the Philippines, Nepal, Papua New Guinea, Solomon Islands, Sri Lanka, Timor Leste, Bhutan, Kiribati, Maldives, Samoa, Solomon Islands, Tuvalu and Vanuatu, and Myanmar. 

Source: UNDP report ‘Voices and Rights’, March 2010
              The Indian Express, March 9, 2010
              The Economist, March 4, 2010

Bhartiya No. 1 (Nationalist)     02 August 2010

Dowry gazette - August 16, 2009

August 16, 2009 posted by indiatime | 14 Comments

New Delhi (August 5, 2009)
A court in New Delhi ruled that the action of kicking a daughter-in-law and threatening her with divorce, cannot be termed cruel under India’s dowry law.

New Delhi (July 27, 2009)
Sangeeta (27), was found dead under the staircase of her in-laws’ home, and all members of the husband’s family are absconding. Her bruised body was discovered by her parents who had gone to her in-laws’ house to discuss dowry demands.

New Delhi (July 28, 2009)
Preeti Kaur (23) hanged herself to death, to escape dowry demands from her husband and his family. Preeti’s mother told the police that she did not take her daughter’s complaints seriously and kept telling her daughter to adjust to her husband’s family.

New Delhi (August 10, 2009)
A court chided the father of a dowry victim for recording his police statement 4-days after his daughter’s death by poisoning, and acquitted the husband of the murder charges. Sushila, the man’s daughter had died of eating poison-laced pakodas back in late 2003. Sushila’s father, the court alleged, did not accuse the husband for 4 days after her death and went to the district magistrate on the fifth day.

New Delhi (August 10, 2009)
The sessions court decided to prosecute the father of the bride for accepting the other party’s dowry demands, and giving a dowry. The father got in trouble when his daughter complained against her in-laws’ for their dowry demands.

And now, away from the capital:

Ahmedabad, Gujarat (August 4, 2009)
A court in Ahmedabad sentenced a husband and his parents for 14 years and 10 years life sentences, for setting fire to and killing Dipa Shukla, in 2007.

Bhuvaneshwar, Orissa (August 7. 2009)
The local superintendent of police has been charged with cruelty and abuse for torturing his wife and making dowry demands. His wife has alleged that her parents had given him Rs 40 lakhs in dowry, but he has been asking for more money from her parents.

Lucknow, Uttar Pradesh (August 3, 2009)
A medical doctor is under arrest for harassing his wife for dowry. His wife has alleged that he asked for Rs 5 lakhs and a land lot gift from her parents. The husband’s family has alleged that the relationship turned sour because the doctor found his wife speaking to strangers.

Hyderabad, Andhra Pradesh (Aug 14, 2009)
G Vijaya Lakshmi (28), a software engineer, committed suicide by hanging herself on the terrace of her parent’s apartment. She was distraught over the dowry negotiations and demands from Chakradhar, her groom from Korea, whose family had been demanding additional cash before marriage.

Gurdaspur, Punjab (August 1, 2009)
Jaswant Kaur (now 32), has complained that Karamjit Singh, her NRI husband of 11 years, who took more than Rs 7 lakhs in dowry 11 years ago, hasn’t returned to take her to Britain where he resides. Her family has recently found out that the Karamjit’s UK address did not exist, and that he was already married and had 2 kids.

Bhartiya No. 1 (Nationalist)     02 August 2010

The dowry gazette - September 5, 2007

September 5, 2007 posted by indiatime | Leave a Comment

Yesterday, 30-year old Sarita from Muzaffarnagar was burnt to death by her husband and in-laws when she could not bring the one-lakh Rupee dowry that her husband’s family deamnded of her.

On August 26th, protesters belonging to several NGOs rallied in New Delhi, to focus on what they called the ‘discriminatory domestic violence’ laws in the Indian Penal Code. They contended, that in many cases, the wives falsely implicate husbands to extort money from them.

3 weeks ago, Prakash Rout of Orissa was killed by his own family when he opposed their dowry demands from his wife Pravasini.

Also 3 weeks ago, 22-year old Fatima from Mysore was forced by her husband to drink acid mixed with alcohol. Her face is now 90% burnt and she is fighting for her life in a Mysore hospital.

In Krishnanagar, West Bengal, this week, a 5-months pregnant woman has alleged that her software engineer husband of her one-week old marriage has left her for another woman since the other woman’s family offered him a hefty dowry.

September 23, 2007 posted by indiatime | Leave a Comment

On September 19th, in Hoshiarpur, Punjab, a bride and her family chased a groom away from the marriage ceremony and beat him up when the increasing dowry demands from the groom and his family finally ended to their patience.

On September 14th, Rekha Lodh (28) of Lucknow, was burnt to death by her husband Chhatrapal and his brother. Rekha was being harassed by her husband and his family for last 5 years. Initially the murder was made to loook like an accidental fire, but subsequent investigation revealed the murder plot.

On September 8, Dinanath, a central police force jawan from Kolkata was arrested for strangling his wife Jayashri (28) to death and later dumping her body on the street. Dinanath had a history of torturing his wife for dowry and had tried to murder her before as well.

Bhartiya No. 1 (Nationalist)     02 August 2010

Data on crime against women

 - official punishment for s*x selection (i.e. abortion if child is female): 3 years jail +   50,000 Rupees fine (equiv to 960 Euro)
 - loss of female births within past 2 decades caused by abortion and s*x selection:
   estimate of more than 10 million [BBC, Jan 2006]
 - annual 'girl deficit' due to prenatal s*x selection and selective abortion: 500,000
   according to researchers for the Lancet Journal [BBC, Jan 2006]
 - rape cases pending in courts across the country: 56,000 [Oct 2003]
- * registered cases of rape in Delhi 2004: 550 [BBC, Aug 2005]
 - rape cases in Delhi 2002: convicted: 98 -- acquitted: 344
 - age of rape victims in Delhi: 75% are minors, and of those 25 % are below 12 years
 - registered cases of eve-teasing for Mar - Aug 2003 in Indian metropoles: Delhi: 744
   -- Mumbai:27 -- Kolkata:30 -- Chennai:143
 - cases of rape for Mar - Aug 2003 in Indian metropolis: Delhi: 262 -- Mumbai: 40
   -- Kolkata: 18 -- Chennai: 21
 - officially recorded dowry deaths in major cities combined (Delhi, Mumbai, Calcutta,
   Chennai): 2002: 181 -- 2001: 121
 - cases of crimes against women registered with the police in Himachal Pradesh
   2002: 920 (including 137 for rape, 138 for kidnap, 6 for dowry)
 - Haryana cost of buffalo: 18,000 - 24,000 Rs (approx 345 - 460 Euro)
 - Haryana cost of girl (human trafficking): 4000 Rs (approx 77 Euro)

Source: https://www.neoncarrot.co.uk/h_aboutindia/india_crime_stats.html

Bhartiya No. 1 (Nationalist)     02 August 2010

Are our sisters and daughters for sale?
When will the horrors of dowry and bride-burning end?, asks Himendra Thakur
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June 1999: Doesn't the love of one's country include love for one's countrymen? Or is it merely a fashionable thing, patriotism merely to find pride in something but not to actually strive towards a better nation? A country is her people. Years ago, Rabindranath Tagore summed it up as: Desh mrinmoy noi, desh chinmoy The country is not a chunk of earth: it is a saga of consciousness. Without the conscience of our people, this consciousness will fade. We must rouse ourselves to the daily indignities that surround us.

There are a thousand places and ways we can begin loving the people of our nation, and I offer but one here. It is a journey that each of us can begin quite easily, because the victims of this malaise - dowry - are within reach, they are our mothers, sisters, friends, neighbors. People who we normally think of as "one of our own", who we ought to protect with our lives if necessary, and yet the normal course of things has fallen so low that indignities heaped on our women do little more than make us look away.

Geographical distribution of dowry deaths, 1994
Source: National Crimes Bureau, Home Ministry

  • Andhra Pradesh - 396
  • Arunachal Pradesh - 0
  • Assam - 13
  • Bihar - 296
  • Goa - 0
  • Gujarat - 105
  • Haryana - 191
  • Himachal Pradesh - 4
  • Jammu & Kashmir - 1
  • Karnataka - 170
  • Kerala - 9
  • Madhya Pradesh - 354
  • Maharashtra - 519
  • Manipur - 0
  • Meghalaya - 0
  • Mizoram - 0
  • Nagaland - 2
  • Orissa - 169
  • Punjab - 117
  • Rajasthan - 298
  • Sikkim - 0
  • Tamilnadu - 83
  • Tripura - 6
  • Uttar Pradesh - 1977
  • West Bengal - 349
  • Andaman & Nicobar - 1
  • Chandigarh - 3
  • Dadra & Nagar Haveli - 0
  • Daman & Diu - 0
  • Delhi - 132
  • Lakshadweep - 0
  • Pondicherry - 4
  • Total - 5199

Let us begin, then, with the people whose suffering we have even ceased to notice, let alone empathize with. Let us begin with the women around us, those whose marriage through dowry we regard as normal when in fact it is apalling. Countless brides in India are constantly under harassment in their matrimonial homes because their fathers have fallen behind in the payment of endless dowry installments, or the dowry she did bring to her husband is regarded as too meagre.

Imagine the plight of a young woman, newly wed into an unfamiliar situation, and surrounded by those she has only just met, who regard her as a means to an end, little more than a device by which to enrich themselves. She knows only too well that a bride may be killed for lack of dowry ... she too must have heard the same stories we've all heard ... but she does not know what to do. She may have overheard her in-laws, even her own husband, talk casually about harassing her, and sometimes contemplate even killing her! the kind of fear that instills in a person is beyond our ability to comprehend. It isn't even fear, it is terror.

The cruelest aspect of this menace is the role that brides' parents play in perpetuating it. My inquiry at the Dowry Cell of New Delhi Police Department revealed that most of the parents of the bride do not want to take their daughters back. There is considerable social stigma in India against those parents who shelter a married daughter back in their family. In most of the cases, parents persuade the daughter to go back to her husband's home, that is considered to be the highest form of behavior one can learn from the old scripttures.

The alternative for the scared bride is to go to one of those government shelters. However, these shelters are controlled by unscrupulous bureaucrats and their politician bosses who are accused of taking full advantage of the helpless condition of the victims who come to the shelters. The reputation and working condition of most of the shelters are so horrible that a bride will prefer to die at the hands of her in-laws than to move one of those "shelters".

So, she stays in the house of her in-laws, resigned to her fate. Then, one evening, when she is working in the kitchen, someone throws a pail of kerosene on her, and someone else throws a burning match, and she turns into a ball of flames. Can she save herself by taking off her clothes ? There is no time. Petroleum products like kerosene or gasoline work very fast, aided by her own body heat. Once that splinter is thrown, there is no more chance of life.

Perhaps this sort of recital is gruesome, and we look away. We imagine that it cannot happen to anyone we know, that our education and money has raised us above these village truths. But that isn't so - we merely glamorize the slavery we perpetuate, and pretend to endow our daughters and sisters with "gifts". These aren't dowries, we tell ourselves, this is just to help her get a good start. Conveniently, we overlook the fact that there's more than one person getting married, we don't ask often enough why this good start mustn't come from both sides.

With these pretexts, we dismiss these as unimportant issues. And as we look away, an estimated 25,000 brides are killed or maimed every year in India over dowry disputes. Intellectuals pull out their calculator and say it is less than 0.003% of India's population. They slide into research mode and throw a vast array of statistics about atrocities on women in USA, UK, Pakistan, and many other countries of the world. Foundation owners refuse to help because there are so many other problems in India like street beggars, lepers, street children, bonded laborers, etc.

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Worthless Postings by ‘D’ Company, “The Women Haters”

Will Never Get success In Spreading Hatred Against Women rather It will strengthen the Position of Indian women.

Contributions of women’s are remarkable, in every field. Time and again they have marked their presence felt and have proved their worth against all the odds.

They are growing in every sector, writing history, achieving new milestones in spite of several road blocks/hurdles.

Two Indian women have made in to the space.  They will keep on growing like anything and will emerge as a real Victor/Hero. Real Heroes are those who go against the tide.

Strength does not come from physical capacity. It comes from an indomitable will.

Mahatma Gandhi

You have made your condition pitiable yourself by looking at dark side only. Not only tarnishing the image of Indian women rather Indian men also and will cry forever like a goat,

 MEEEEIN MEEEEINMEEEEIN MEEEEIN????

Any way thanks for the postings and contributions.

 Honest disagreement is often a good sign of progress. Mahatma Gandhi

Bhartiya No. 1 (Nationalist)     04 August 2010

Worthless Postings by ‘D’ Company, “The Women Haters”

Will Never Get success In Spreading Hatred Against Women rather It will strengthen the Position of Indian women.

Contributions of women’s are remarkable, in every field. Time and again they have marked their presence felt and have proved their worth against all the odds.

They are growing in every sector, writing history, achieving new milestones in spite of several road blocks/hurdles.

Two Indian women have made in to the space.  They will keep on growing like anything and will emerge as a real Victor/Hero. Real Heroes are those who go against the tide.

Strength does not come from physical capacity. It comes from an indomitable will.

Mahatma Gandhi

You have made your condition pitiable yourself by looking at dark side only. Not only tarnishing the image of Indian women rather Indian men also and will cry forever like a goat,

 MEEEEIN MEEEEINMEEEEIN MEEEEIN????

Any way thanks for the postings and contributions.

 Honest disagreement is often a good sign of progress. Mahatma Gandhi

Arup (UNEMPLOYED)     04 August 2010

MEANING LESS POSTING BY MR ASHOTOSH

Arup (UNEMPLOYED)     09 September 2010

So far I understood, the maintenance acts in India are not gender neutral everywhere. Now act regarding ‘maintenance of one’s spouse’ may please be studied.

Maintenance divided into two parts –

(1) Before divorce,interim maintenance provided i.e. alimony pendente lite (U/s SEC 36 SMA) &  maintenance Pendente lite and expenses proceedings (u/s sec 24, HMA)

(2) After divorce ….

SEC 36 SMA is a gender biased law; whereas sec 24 HMA is gender neutral, because, u/s 36 only wife entitled to get interim maintenance, whereas, u/s 24, both the spouses entitled to get interim maintenance. The act reproduced bellow for a careful reading with special attention to the underlined portions.

…… SMA SEC 36. Alimony pendente lite  -Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband's income, it may seem to the court to be reasonable.

HMA SEC 24: Maintenance Pendente lite and expenses proceedings. - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

1 Like

(Guest)

I think, this link also is contextual.

 

https://www.lawyersclubindia.com/forum/GENDER-EQUALITY-in-INDIA-An-Overview-23979.asp

1 Like

(Guest)

Is India REALLY a male dominated or hen pecked country?

Arup (UNEMPLOYED)     10 September 2010

mr jogeshwar,

your personal opinion and analysis requested on the thread question.

1 Like

(Guest)

Many thanks dear Arup.

Let me go through whatever is presented. Since it is a long thread it will take a bit time to grasp.


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