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Swati Jain (Social Worker)     27 April 2013

Women assult assult

I am a social worker work with an NGO in Rural area.I got a report that relatives of one widow women who aroung 50 years, sold her land. When she went to protest, two of her relatives badly abused her, touched her private parts and tried to undress her in presence of 8-10 vilagers. However, other villegers remained covered thier faces. They were forcing to strip her however with help of one person the women managed a scape.

Police is reluctant to take register the case, and asking her to bring witness. No one is willing to testify for this poor women . The person who saved her is also tentative about giing a statement However,  we also fear that he may change later due to pressure

Persons assulting her are influential and there is a fear that they may influence the police.

Through this platform I apeal to our learned legal faternity to suggest me exact procedures for ensuring justice to this lady

Thanking all of you in advance

Swati Jain



Learning

 6 Replies

Ranee....... (NA)     27 April 2013

complaining to a higher police officer like S.P will work.Also a complain against the police officer who did nt file FIR should b lodged.

Adv k . mahesh (advocate)     27 April 2013

in my view if she goes to police station or even if she complains to higher officials then also there will be problem if once there relatives kknow about the complaint because she is alone and in your words no one will come to rescue her if anything goes wrong

(may be this is modern day culture but if she make some dare and your group help without disclosing her name she has to come to limelight)

1.  if NGO complains to the above situation to the news channel and try them to shoot the incident trapping there relatives and showing in the channel 

2.  after giving police complaint to the higher officals if there is no action then she can directly compalint with a formal letter address to the court 

what i am trying to explain is she should come as owner of that land if possible a better buyer may come and offer her the good price 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     27 April 2013

Dear Swati, I have gone through your query. Nobody can sell/transfer/alingn or dispose other’s immovable property (Piece of land). If the relative did so. You can immediately lodge FIR u/s 420/468/471 IPC also allege 120-B of Criminal Conspiracy with common intention u/s 34 of IPC. Moreover add section 354/509/506 IPC for outraging modesty of woman. If you want I am ready to help you. You can contact me on my mail id bhasin.laws@yahoo.com or mobile no. 9811210505 Regards Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

advocate praveen (prop.)     27 April 2013

I am agree with Mr. Bhasin.  And you can made the complaint through speed post to all the concerned officialos including, L.G., CM, Home Ministry as your complaint not enteretain by the police officials.  And you also made the complaint against the culprit officers.

advocate.praveen@gmail.com

regards

Swati Jain (Social Worker)     29 April 2013

Thank you all specially advocate Bhasin, The information was really helpful. In addition to the above query the offenders are saying that the property is the ancestral Hindu property and they have sold thier share and police is saying the women is not able to show her individual title over the land. Nonethe less the property is noted aginst the grandfather of the women's husband and her husband's father were three brothers. Therefore there are three hires of the property and only one hire has slod the entire property.

In the deed they have given false information that the property was divided in the Panchayat and also they have not mentined about the other two hires of the said peoperty.

Under this situation can we still file FIR u/s 420/468/471 IPC also allege 120-B of Criminal Conspiracy with common intention u/s 34 of IPC. Moreover add section 354/509/506 IPC.

Waiting for reply for learned lawyers espicially advocate Bhasin

Thank

Swati Jain

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     30 April 2013

Dear Swati, Unless and until there is partition, No property can be disposed off. There should be proper demarcation / seggregation of the property either before court or in family settlement before Sub-Registrar. You are claiming your share on behalf of your husband. If there is no partition of the property, you immediately lodge FIR otherwise, you will have to face long civil litigation. if situation is critical then you can call / contact me on my email id bhasin.laws@yahoo.com or mobile no. 9811210505 Thanks & Regards Rajiv Bhasin Advocate

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