Know all about Stridhan and How to fight against false claims of wife..!!

Stridhan is a combination of two Sanskrit words ‘Stri=Woman’ and ‘Dhan=Wealth’ which put together means ‘Woman’s property’. Stridhan is a traditional property right of Hindu women accepted by Indian Hindu Society.Stridhan ensures a women’s economic independence.
Except for a few restrictions during coverture, a Hindu woman is the absolute owner of her stridhan.Any dues from her can also be recovered from her stridhan.Also, a woman who does not wish to accept stridhan cannot be forced to do so; she can choose to accept or reject the gifts given to her as part of the stridhan.Usually stridhan is passed from a mother to her daughters as per her wishes but as the sole owner of her stridhan a woman can will it away as she pleases.On her intestate death, all types of Stridhan, devolved upon her heirs in the following order:

1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
4. upon the heirs of the mother.

Under all the schools of Hindu Law payments made to a Hindu female in lump sum or periodically for her maintenance and all the arrears of such maintenance constitute stridhan. It also includes property inherited by the woman from her family or husband’s family; property received by her under a compromise, adverse possession or in lieu of maintenance as long as she doesn’t merely enjoy a restricted estate in the said property; property obtained in partition; and property bought  with savings or accumulations of stridhan or using proceeds from stridhan is stridhan. Property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Stridhan.
However, gifts to the husband by the woman or her relatives before,during and after the wedding are not part of her stridhan. Also the Dayabhaga School doesn’t recognize gifts of immovable property by a husband to his wife as stridhan.Also a woman’s inheritance of ancestral property forms her woman’s estate or widow’s estate and is not stridhan.
Stridhan has all the characteristics of absolute ownership of property. The stridhan being her absolute property, a woman has full rights of its alienation. This means that she can sell,gift, mortgage, lease, and exchange her property,in part or whole. This is entirely true when she is a maiden or a widow. Some restrictions are recognised on her power of alienation, if she is a married woman. For a married woman stridhan falls under two heads:
• The saudayika (gifts of love and affection)- gifts  received by a woman from relations on both sides (parents and in-laws).
• The non-saudayika- all other types of stridhan such as gifts from stranger, property acquired by self-exertion or the  mechanical arts.
Over the former she has full rights of disposal but over the latter she has no right of alienation without the consent of her husband during coverture. During the pendency of the marriage he has the right to it’s equal use.On the woman’s death it passes on to her heirs.
A woman’s right to her stridhan is protected under law.This comes in handy in case of  matrimonial discord as a woman can have her stridhan or its value returned to her. In the case of Pratibha Rani v. Suraj Kumar, 1985 (2) SCC 370 the Supreme Court of India held that “a Hindu married woman is the absolute owner of her stridhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same if and when demanded by her”.The position of stridhan of a Hindu married woman’s property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes-she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilize it but he is morally bound to restore it or its value when he is able to do so. This right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt, such being the nature and character of stridhan of a woman.If her husband or any other member of his family who is in possession of such property, dishonestly misappropriates or refuses to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC. The offence of criminal breach of trust is punishable with imprisonment up to 3 years or fine or both.It is a cognizable, compoundable (up to Rs.250 only) and a non-bailable offence.
While the laws give Hindu women the means to be economically independent,due to ignorance of the law and a of  lack of knowledge on how to move the courts women frequently lose out on their Stridhan.The following  precautionary steps will ensure a woman will  keep most of her stridhan  in case of  a break down in her marriage.

• She should make a list of the gifts and/or properties received before, during and after marriage from her family,  husband’s family, friends and other acquaintances.
• She should keep evidence for the gifts received  such as wedding pictures. Also, ensure that the gifts and their bills are in her name and preserve these bills.
• She should have witnesses – statements of witnesses will be important evidence – for gifts of movables (including jewellery) at the time of marriage.
• She should maintain a separate account in her name  for her salary.
• She should get involved in the family financial decision-making and keep a record of bank accounts and the investments made out of her stridhan.
• She should ensure that the title to the property given to her  and those bought from her  stridhan are clear and that the investments made from these assets are in her name.
• She should open a bank locker in her name for storing jewellery and instruments of money, property and so on.
• It’s advisable for her parents to gift her income-generating property, rather than expensive consumer items which are difficult to account for.

http://wealthymatters.com/2011/08/31/stridhan/


Legal Evidence is required to claim stridhan:


PETITIONER: R. P. KAPUR
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 25/03/1960
BENCH: SHAH, J.C.
BENCH: SHAH, J.C.
SINHA, BHUVNESHWAR P.(CJ)
IMAM, SYED JAFFER
SARKAR, A.K.
GUPTA, K.C. DAS
CITATION:
1960 AIR  862                          1960 SCR  (3) 311
CITATOR INFO :
R             1975 SC 706           (16)
ACT:
Criminal Trial–Quashing of Proceedings -Inherent power of High   Court–When   to    be exercised–Code   of   Criminal Procedure, 1898 (V of 1898), s. 561-A.
HEADNOTE:

1. Subsequently the High Court dismissed the  petition. K obtained special leave and appealed: Held   that  no case for quashing the proceedings  was made
2. The     following  are            some

categories  of cases where the inherent  jurisdiction  could and should be exercised to quash proceedings:
(i)  where there was a legal bar against the institution  or continuance of the proceedings;
(ii)  where the allegations in the first information  report or complaint   did not make out the offence alleged; and
(iii)where  either  there was no legal evidence adduced  in support of  the charge or the evidence adduced clearly  or manifestly failed to prove the charge.

1. In  exercising its jurisdiction under s. 561-A of  the        Code the  High Court cannot embark upon an enquiry as to  whether the evidence in the case is reliable or not . In the present

case  there  was  no legal bar to  the      institution  of     the proceedings or to their continuance; the allegations made in the  first  information report did constitute  the  offences alleged        and it could not be contended that on the  face  of the record the charge was unsustainable.

1. Govind  Bhandhu

Majumdar,  A.I.R. 1924 Cal. 1018 and Ramanathan Chettiar  v. K.  Sivarama Subrahmanya Ayyar, (1924) I.L.R. 47  Mad.    722, referred to. S.P. Jaiswal v. The State, (1953) 55 Punj.  L.R. 77, distin- guished,
389
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 217 of 1959.
Appeal by special leave from the judgment and order dated September  10,      1959 of the Punjab High           Court  in  Criminal Misc. No. 559 of 1959.
Appellant in person.

1. M. Sikri,   Advocate-General for the State of  Punjab, Mohinder Singh Punnan, T. M. Sen and D. Gupta, for the respondent.
2. When the appellant found that  for several months no further action was taken on the said First Information Report which was hanging like a sword over  his  head he filed a criminal complaint on  April     1, 1959,  against Mr. Sethi under ss. 204, 211 and 385  of the Indian            Penal  Code and thus took upon himself the  onus  to
3. After hearing arguments the learned Magistrate ordered  that the appellant’s  complaint  should stand adjourned.
4. Pending the hearing of the said petition in          the
5. It is against this order that the appellant has come to this Court by special leave, 50 390

1. Earnest money was accordingly paid to the vendors and it was agreed that the sale had to be  completed
2. Some of the persons concerned in the said lands filed
3. That is how the title of the lands in question passed to Mrs. Kaushalya Devi. The First Information Report filed by Mr. Sethi alleges that

he  and the  appellant were friends  and  that     on  January 4,1958,     the appellant dishonestly and fraudulently  advised him-to  purchase 2,000 sq. yds. of land in Khasra  Nos. 22, 23,  24 and 25 in the aforesaid village Mohammadpur  Munirka on the representation that as owner of the land in the area Mr. Sethi would get a plot of desired dimensions in the same area  developed by the Ministry under its  housing  scheme.
The  appellant also represented to Mr. Sethi,  according  to the First Information Report, that since under the scheme no person would, be allotted more than one 391 plot he would have to surrender a part of his land; that  is why  as a friend he was prepared to give to Mr.  Sethi one plot at the price at which it had been purchased.  According to Mr. Sethi the appellant dictated an application which  he was  advised  to send to the Secretary of  the Ministry  of Works  and  he accordingly sent it as  advised. The  First

1. Sethi stated            that  he would have liked to add one clause  to  the deed to the effect that in the event of the authorities not accepting the sale for the purpose of allotment, the  amount
2. The appellant urged before the Punjab High  Court
3. The question which arises for our  decision in the present appeal is: Was the Punjab         High Court  in  error  in  refusing           to  exercise  its   inherent
4. jurisdiction  under  s.561 -A of the Code in favour  of    the appellant ?
5. It  is  well-established          that  the   inherent jurisdiction  of  the High Court can be exercised  to  quash
6. However,  we may  indicate    some categories of cases where the inherent jurisdiction can       and
7. Cases may also arise where the a11egations in the First Information Report or the complaint, even if they      are taken at their face value and accepted in their entirety, do not  constitute the offence alleged; in such cases no  qu es-

tion of appreciating evidence arises; it is a matter  merely of looking at the complaint or the First Information  Report to  decide whether the offence alleged is disclosed or          not.

1. In cases falling under this  category  the  allegations made against the accused person do constitute an

offence alleged  but  there is   either no  legal  evidence adduced  in support of the case or evidence adduced  clearly or  manifestly fails to prove the charge.  In  dealing with this  class  of cases it is important to bear  in  mind the distinction between a case where there is no legal  evidence or  where there is evidence which is manifestly and  clearly inconsistent with the accusation made and cases where  there
is  legal evidence which on its appreciation may or may     not support    the  accusation  in question. In  exercising         its jurisdiction under s. 561-A the High Court would not  embark upon  an enquiry as to whether the evidence in       question  is

1. That is the function of the trial  magistrate,         and ordinarily it would not be open to any party  to invoke            the High Court’s inherent jurisdiction and’  contend that  on  a  reasonable appreciation  of  the  evidence            the  accusation made against the accused would not be  sustained. Broadly stated that is the nature and scope of the inherent jurisdiction of the High Court under s. 561-A in the matter of quashing

394

1. 452  of the  Code and it does appear from the judgment of  the   High Court that the learned judge elaborately considered all       the
2. It is,  however,  clear from  the  judgment  that the learned judge  was  very            much

impressed  by  the fact that the police    had  reported   that there  was no case or at the most only a  technical  offence against  Jaiswal but the district magistrate had  interfered

1. Besides, in    the opinion       of  the  learned judge the evidence  on  which   the prosecution relied showed that the essential ingredients  of
2. It  is
3. We have merely referred to the  relevant  findings recorded by

(1)  A.I.R. 1928 Bom. 184.
(2)  (1954) 56 Punjab L.R. 54.
(3)  (1924) I.L.R. 27 Mad. 722.
(4)  (1899) I.L.R. 26 Cal. 786.
(5)  A.I.R. 1924 Cal. 1018.
(6)  (1953) 55 Punjab L.R 77.
395

1. His argument,  however, is that the evidence on  record  clearly and  unambiguously  shows that the allegations made  in      the First Information Report are untrue; he also contends that ” certain powerful influences have been operating against          him with  a       view  to  harm him and    debar  him  officially     and
2. Sethi  against him”.            In this connection he has naturally placed  emphasis on  the        fact that the investigating agency has     acted   with

extraordinary  dilatoriness  in     the  matter  and  that    for several       months the police did not make the report under  s. 173 of the Code.
It  is true that though the complaint against the  appellant is  essentially    very  simple  in  its       nature   the   police authorities  did  not  make their report  for  nearly  seven

1. months after the First Information Report was   lodged.   We have already indicated how the appellant was driven to file. a complaint on his own charging Mr. Sethi with having  filed a  false First Information Report against him, and  how           the

Report  in question was filed after the appellant moved   the High
396

1. It is perhaps likely that the appellant being the senior-most  Commissioner  in the punjab  the  investigating authorities may have been cautious and circumspect in taking further      steps on the First Information Report; but  we  are
2. Even  so  it  is

difficult to see how this conduct on the part of the  police officers  can materially assist the appellant in his  prayer that  the  proceedings which have now reached  the  criminal

1. court should be quashed. We must, therefore, now proceed to consider the       appellant’s
2. 20,000  as a  result  of      the  several misrepresentations alleged in the First Information  Report.

1. Sethi any information about the pendency  of         the proceedings  before  the  Collector,  and  fraudulently         re-
2. According  to the   appellant,   if        the correspondence            on  the  record  is  considered,  and      the
3. We   are anxious not to express

397

1. We  would, however, like to emphasise that in rejecting the appellant’s prayer          for  quashing the proceedings at this stage  we   are expressing no opinion one way or the other on the merits  of the case.
2. The appellant has            come to this Court under Art. 136 of the  constitution against the decision  of the Punjab High Court; and the High  Court   has
3. Under the  circumstances  of

this case we are unable to answer this question in favour of the appellant.
Appeal dismissed.


Recent case Laws:

Rajkumar Patni vs Smt. Manorama Patni on 14 July, 2000

Wife has sued her husband for return of her Stridhan property in specie, or in the alternatively its value which ... also the property which according to her is her Stridhan property which is in custody and possession of her husband 

Ors vs Vinita Sethia on 5 July, 2013

present petitioners showing seizure of six items as 'stridhan' properties from the premises of the present petitioners. After about three ... investigation of the case as a major portion of 'stridhan' properties could not be recovered during earlier investigation and prayed 

Important Sections Under Income Tax Act to fight false claims: 


1. Use RTI to get the information about your FIL/MIL/BIL or whoever is claiming that he has invested such amount on the particulars that whether he/she has paid ITR for such amount during such financial year or not.



2. Your RTI letter should be addressed to PIO of Income Tax office of his jurisdiction.



3. If you get satisfactory information then write a letter
To,The Central /State Public Information Officer or Assistant Public Information Officer attaching the RTI letter with it.



4.Your petition should be well clear that you have got the information from Income tax department only and now you need an inquiry for such act.The Reason should be well written in the format and you should also write your case No. and how your In-laws are blackmailing and harassing you with false claims.You should also write that they should be sued and Tax should be recovered.



5. Following are the few important sections of Income Tax Act through which they are legally bound to answer and investigate and sue them for their illegal deeds.



U/S 68, 69, 69A & B, 69C & D and section 133(5) of Income Tax Act, 1961 are applicable

Section 68 of Income Tax Act, 1961 deals with cash credits proving identity of the creditor, capacity of the creditor, genuineness of the transaction are the important things of this section.

Section 69, 69A & 69B of Income Tax Act, 1961, deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.

Section 69C, of Income Tax Act, 1961deals with the unexplained expenditure, the important requirement of this section is that an expenditure has been found to have been incurred by an assessee in any financial year and the assesses fails to indicate satisfactory source of such expenditure.

Section 133(5) , of Income Tax Act, 1961 it is mandatory to file income tax return on the expenditure incurred on any function or ceremony

 

Compiled By (ESIS)

Why RCR is Waste of Time and Money Against 498A,Divorce and Maintenance cases...!!

RCR     


1. The worlds useless stuff is called as RCR.
 
2. Even it is filed there is no guarantee of reunion and a harmony within couple even RCR decree turns to any one of the spouse favour whoever is the applicant.
 
3. RCR is always a lawyers carnival or you may say a delight to encash money with dragging the case which has no end and no solution.
 
4. RCR is termed as a Donkey who has no master.
 
5. Even RCR is filed , she is very much entitled to file 24 HMA on pendancy of any case U/s HMA 1955 and she will simply enjoy the maintenance after dragging the case like a Wife Bonanza from her husband.
 
6. RCR washes all cruelties of other spouse as it shows that whoever had filled RCR is willing to take his/her partner after ignoring all odds and there is no pain for the applicant to live with his/her spouse even after such trauma.
 
7. RCR eventually kills the time when a spouse is not ready to live with each other and the ultimate goal is to get rid of from his/her partner.
 
8. I won't suggest any body to file RCR if he/she doesn't want to continue marriage.It's totally a senseless case which has no legal remedy even after winning and at other end wife is hell bent to harass husband.
As wife can ask maintenance from other sections too even though the husband wins the RCR.
 

DIVORCE:


1. Divorce is the ultimate weapon of husband against 498a and DVA 2005 and other false cases on him.
 
2.   Filing divorce always gives upper hand to husband if he sniff the bad chances of getting dragged in false cases in future and he is not willing to live with her wife.
 
3. Anyhow a husband has to pay maintenance even when RCR is filled then why not to choose divorce if maintenance is no surprise in both cases for any husband.
 
4. Filling divorce leads a husband an added advantage to show the real picture of wicked wife prior to her false cases against husband.
 
5. Any contested divorce goes for min. 3 years in lower court then why not to file divorce earlier if there is no way of hope of cohabitation and marital suffering is killing each day to save two lives and also save the much precious time in terms of divorce tenure.
 
6. If wife files False cases after divorce then husband can easily argue that her all cases has been filed on retaliation ground and there is no reality in it.
 
7. Divorce is the tit for tat against all false cases of wife.
 
8. When a husband has no fear from bad laws and biased laws then the ultimate treatment for his sufferings are filling divorce and to never bow against legal extortion and terrorism.


Following are The FAQ :



Q: Does it mean, that simply because a wife filed a RCR, she is a sati savitri? i mean, does it give her a leverage in the subsequent cases like DV and 498 and 125 cases she files?

Opinion: No.My above point was for husband.

 
Filling RCR by wife also make her to condone all the cruelties and an interest to live with her husband even though he is cruel to her.
All 498a,DVA,125crpc are different and relief and structure of all the cases goes on their own facts and circumstances.


If wife files the above cases simultaneously with RCR ., it contradicts her own statements.
 
At one side she want to live with her husband and other side she want to send her husband to jail.So, what exactly she want?
 
Any seasoned lawyer can thrash her false allegations....
So, in my knowledge all the case will fall apart if a wife files RCR and then 498a and then DVA along with 125 crpc.


 But at other end,


IF Husband files RCR then obviously he is condoning all the cruelties of his wife and this is because RCR's main aim and objective is to restore the conjugal life of any spouse.
So,if a husband having a wicked wife but then also by advise of crook  and greedy lawyer he files RCR instead of divorce or no divorce for just sake of avoiding false cases on him as per the mind wash from advocates.
 
As these advocates doesn't miss any opportunity to convince their client that "Look your wife is very dangerous" , she can file 498a,DVA and many more criminal cases on you and your parent's & relatives.So,better file RCR right now or else you will be sent to jail. But he don't know that filing RCR against such wicked wife to stop her not to file any cases is worthless  and cognizance of an offence is taken then and their itself if 498a is filed.So, mere RCR won't give you immunity against all false cases unless and until the case goes for accquital and RCR case goes till evidence stage.
 
But once RCR is filled ,which shows that husband is ready to take back her wife even though his allegations against his wife contradicts with his acts.
 
This gives an added opportunity to wicked wife to harass her husband and she come on last day of decision and sit on the lap of husband and give a witty smile to just avoid RCR decree against her.
 
She will come to husband home live for another few weeks and again the same story will go on with threats and extortions , till you make yourself stand aloof and know everything , you are dragged in false 498a and DVA and then she will sit at her own parent's lap and laugh on your conditions....
This can be the real situation of any husband who files RCR or take A 498a wife again even though he knows that his wife is unscrupulous women.




So, it's very dangerous when husband files RCR on just word of his advocate and since then he use to roam around court , give fee to lawyer and at last he get's Big GPL..
Hey, Don't over think.....
here GPL stands for Glass phoda Lakh rupee me after khya piya kuch nai


Q: She filed RCR, and the husband, just to avoid maintenance, agrees to take her back. how wise is this typical decision of a husband? i mean in 90% cases i have seen, husbands are willing to take back the erring wife, just to avoid maintenance, how wise is this decision of the husband. because anyway he will have to spend on maintenance in other sections, coupled with daily feeding the cow (wife) so any which ways, he will be spending the money, so isnt it worth paying the maintenance instead, and keeping the headache away from you, rather than avoiding maintenance and keeping the headache  in your house.

Opinion: Same as above

And,

Yes off course husband here do blunder mistakes in taking their 498a wife or RCR wife just to avoid JC/PC and maintenance cases .....


But they don't know that 4 days of pain can't be equal to whole life of suffering....


Because a women and a carnivorous animal are same as when ever the taste of blood injected in her soul , she can't be faithful to her own husband or for her own child.
Here blood for women is similar to money.


And for money and for her ego she will again file cases on her husband and her in-laws whenever she will get the chance.


So, dear Harass husband's choice is yours now........


Following are the FAQ on Maintenance Issue:


How can we avoid maintenance?

Opinion: Avoiding maintenance doesn't depend on you. It's totally depend on the other spouse conditions who is unable to maintain herself/himself by all means.


a. If the spouse is literate and working? Do we need to give maintenance?
 
Opinion: If she is more educated than you then a good argument can lead you to success.

But earning and  income is considered parallel to decide who has to get and how much.
 
b. Does amount of maintenance depends on length of marriage? If the marriage ends within 1 month, how much maintenance can be demanded from spouse?

Opinion: Yes. the tenure of marriage is a crucial factor in deciding maintenance. As less tenure of marriage with no child and chances of re-marriage and to rebuilt the condition of other spouse who is seeking maintenance is considered in such cases.These conditions derives the less burden of maintenance on husband.But Interim maintenance doesn't hold this as it goes parallel to the income and expenditures of each spouse and whoever earns more or crosses 1/3 of income higher than income of other spouse may be liable to pay maintenance.


c. If a spouse falsely blame husband without any proof of torture, does the court gives higher maintenance?

Opinion: No.
Court always follows natural justice but many times during interim maintenance and DVA cases judges follow their discretion and imparts whatever the situation and prima facie of case suggests. In that case husband has to go for appeal in session court within 30 days to get it aside and make a revision.
  

Written and Posted By (ESIS)

 
 

SEXUAL HARASSMENT CHARGES AT WORKPLACE-PRECAUTIONS NEEDED BEFORE YOU BEEN TRAPPED

Number of sexual harassment cases are in the air.Many condemns,opinions and suggestions were circulated across the country. Millions of Men are confused about there friendly behavior towards their female colleagues at their offices as these comes under Sexual harassment?
Many CEO'S , MD's or Top notched positions of an organization are worried to know about the behaviors of their employee and to stop any such adversity within the organization.
What women has to say on this sexual harassment act and Zero tolerance at the work place.What Men are doing to protect themselves from false charges.Go through the below articles and find out Many......

Male pilots put flyers at risk to avoid sexual harassment charges

Harinder Baweja , Hindustan Times  New Delhi, January 08, 2014

First Published: 00:46 IST(8/1/2014) | Last Updated: 07:54 IST(8/1/2014)

The fear of being accused of sexual harassment  is driving male pilots to violate a standard operating procedure (SOP), potentially putting lives in peril.
According to the SOP governing flight safety, the pilot or the co-pilot can leave the cockpit only after a member of cabin crew has been called into the flight deck. This is to ensure that if the person flying the plane suddenly falls sick, there is someone to tend to him or her and get the other pilot back urgently.

But, it turns out, many male pilots across domestic airlines have decided to keep air hostesses out of the cockpit, terrified the women will slap charges of groping or other forms of harassment on them.
"As a departure from the SOP, most of us in SpiceJet as well as in other domestic carriers have adopted a practice wherein we don't really allow the female members of the crew to enter the flight deck," a senior pilot told HT.
"The only reason being that should one of them turn around tomorrow and level seriously damaging allegations of groping, we pilots would have a lot of answering to do and may even lose our jobs even if the allegations are unsubstantiated," he said, speaking on condition of anonymity.
Several other pilots said that recent high-profile cases involving a retired judge, Justice AK Ganguly, and journalist Tarun Tejpal, have forced them to look at measures that "protect us, even though they come at the cost of flight safety."
Airlines contacted were quick to deny that any such contravention of SOP was occurring.
A SpiceJet spokesperson said: "As a procedure, the crew does go in when required. No one is afraid nor has there been any case of anything unusual happening. The idea of fear of female cabin crew is preposterous given that we have plenty of female pilots as well."
"There have never been any instances of pilots sharing any fears of asking female crew members to come inside the cockpit when one of the pilots has stepped out. Safety is paramount for IndiGo and there can be absolutely no compromise on safety," said an IndiGo spokesperson. Air India and Jet Airways did not respond.
But one pilot spoke of the need to air his fears:  "I do admit and fully understand that not allowing female colleagues in have consequences from a flight safety issue, but I do deem it important enough to let our fears be known to the public at large.''
Another pilot HT spoke to said, "The new law is playing on our psyche.'' Asked if they were not scared about air hostesses complaining about the SOP being violated, he said, "We pilots are constantly discussing this issue and now believe that it is better that the air hostess complain about not being allowed entry into the cockpit than them complaining about being groped." Another pilot said they only allow cabin crew colleagues they know well and trust but are now guarded about following the SOP as a routine.

http://www.hindustantimes.com/india-news/male-pilots-put-flyers-at-risk-to-avoid-sexual-harassment-charges/article1-1170450.aspx

Sexual harassment cases at workplace leave male employees feeling confused, fearful

Kala Vijayaraghavan, Rica Bhattacharyya & Deepali Gupta, ET Bureau Nov 28, 2013, 04.35AM IST

MUMBAI: This week, the human resources head of a top-notch consumer goods company recently spoke to the vice-president (marketing), gently advising him to tone down his habit of putting his arms around junior women colleagues. "He is this over-effusive, friendly person prone to physical display of affection to both male and female team-mates," the HR head told ET on condition of anonymity. "But with growing incidents of sexual harassment cases at workplaces, we wanted the person to correct his behaviour for his own sake. A friendly hug could also go against him."

Recent developments - a new act to prevent sexual harassment of women at the workplace and separate cases involving a chief executive officer, a Supreme Court judge and a prominent magazine editor - are finally forcing India Inc to adopt a 'zero tolerance' posture on sexual harassment.
But, at the same time, the heightened sensitivity and rigorous new codes of conduct are leaving male executives confused, awkward and perhaps even a little fearful over what is appropriate in their work-related engagement with women and what is not.
Unexpected Repercussions
"Some CEOs have told me their male managers are refusing certain postings where there are women-intensive roles," says Saundarya Rajesh, founder and head of Avtar Career Creators, a talent strategy consulting firm. "Men are now afraid their natural behaviours may be seen through a different lens and land them in trouble."
Adds a Mumbai-based senior manager at a consumer company: "My boss and my wife have asked me to watch my words and actions while dealing with female colleagues."
Such fears — both well founded and otherwise — are also causing other unexpected repercussions. "I don't have evidence, but I fear hiring of women may slow down as an immediate effect," says Zia Mody, managing partner, AZB Partners.
Many companies are swinging into action. At one level, they are tightening workplace codes to protect women. "Over the last week, an increasing number of corporates have asked us to look at their manuals, conduct trainings, check compliance with Vishaka guidelines (the name by which the new act is commonly referred to)," says Mody.
At another level, companies are also sensitising male employees and addressing their concerns and fears. About a dozen top officials and consultants ET spoke to said HR heads and company leaders are working overtime, gently correcting borderline behaviour and also addressing fears male managers have of committing a faux paus or being unfairly maligned by women colleagues.
RPG Group has kicked off etiquette workshops for men on how to behave in the workplace or even on social media to safeguard themselves. The group also conducts powerful story-telling sessions around such incidents to help leaders get a sense of what is right and what is wrong and help them pick up the essence of how to correct their behaviour. Vodafone India took some senior and mid-level managers for a similar workshop. The company is keenly stepping up gender diversity.
Men are being advised to avoid involuntarily sizing up women, putting up offensive or seemingly sexual screen-savers on computers and laptops. A general manager at a leading financial services company had the 'gentlemanly habit' of making loud offers of dropping his junior women colleagues home if they happened to work late. "It was a harmless and helpful attitude. But we requested him to offer office cars," the HR chief of the company told ET, also on condition of anonymity. "It is better to be safe than sorry. We cannot put our organisation's reputation at risk."

Men need to be educated. "My interaction with several male employees during the course of my training programmes is that three-fourth of them don't even know what kind of behaviour could have sexual connotations or where they have crossed the line," says Priya Warrick, an etiquette trainer and clinical psychologist and president-cum-executive director of Priya Warrick Finishing School.
The etiquette school does gender sensitisation workshops for male employees through role plays and role reversals.

http://articles.economictimes.indiatimes.com/2013-11-28/news/44546892_1_sexual-harassment-hr-head-workplace

What women has to say...

Indian firms take little notice of law against sexual harassment

A string of high-profile complaints has put the spotlight on workplace sexual harassment of women in India. While firms are scrambling to raise awareness, experts say they are failing to implement an anti-harassment law.

Namita Shah (name changed) enjoys her high-flying job as a consultant for a software company. The 29-year-old has flexible working hours, stimulating projects and the opportunity to train abroad. But there's a downside: unwelcome behavior from some male colleagues.
From lewd stares and explicit jokes, suggestive pings on the company's internal messaging service to persistent requests to meet outside work, Shah said she has often faced sexual harassment in the seven years that she's worked in the IT industry in the western city of Pune.
"It's creepy and at times makes me uncomfortable at work," she told DW. "I have to be careful how I conduct myself because some male colleagues easily misconstrue simple gestures like a smile or a friendly comment." She said she was unaware of any anti-harassment measures at her company, which she didn't want to be named.
High-profile cases
Shah's experience is not uncommon. A string of highly-publicized complaints in recent weeks has turned a spotlight on the prevalence of sexual harassment even in what are considered to be progressive workplaces in India.
Last month, the editor of prominent news magazine Tehelka was arrested after a female colleague accused him of sexually assaulting her. It followed allegations by a law school graduate in a blog that she was sexually harassed by a retired judge from India's top court when she was interning with him.

Many Indians were outraged by the Delhi gang rape that killed a female student

Workplace safety is the latest issue in a wider ongoing discussion in India about the position of women and how they are treated. The debate was triggered by the fatal gang rape of a student in Delhi
almost exactly a year ago, which sparked national outrage and huge protests.
Experts say the intense media coverage of crimes against women ever since has sent companies scrambling to hire gender experts to help them sensitize their workforce and set up measures to prevent sexual harassment.
Identifying harassment
Kalpana Tatavarti, managing partner at Interweave, a Bangalore-based consultancy that works in diversity management and inclusion for the workplace, says her firm has seen a big increase in companies requesting workshops about appropriate behavior at the workplace.
"I'm often amazed at workshops about the low level of awareness both among men and women about what constitutes sexual harassment," Tatavarti said. "In the corporate context, leering, innuendos or off-color jokes are the main issues. But they are still not seen as harassment. So we help employees and managers understand the nuances and realize when someone is crossing a line."
Tatavarti said the focus of the workshops is on "building a culture of openness and respect" in industries which bring together people of widely differing social and economic backgrounds from all over the country.
'Zero-tolerance'

Ever more women are joining the IT workforce in India

With more and more women joining the Indian workforce - a quarter or more of the estimated three million workers in the IT and BPO services sector are women according to Nasscom, the industry's trade body - some companies say they are actively pushing anti-harassment measures.
"We have a zero-tolerance policy on harassment," Meghala Nair, press spokeswoman for IBM India, said. The global IT player has a diversity manager as well as helplines, counseling and regular workshops and e-learning modules to raise awareness about sexual harassment among its employees.
Vivek Rana, head of consumer and healthcare at The PRactice, a public relations company, said they had a "well-defined" policy in place that includes a gender sensitization program which is mandatory for anyone joining the firm.
A majority of the company's 90 employees are women. "So far, we've had issues like an invasion of private space with a male colleague hovering too close for comfort," Rana said.
He added that the awareness programs were meant to give employees "the confidence and the vocabulary to assert themselves in such situations."
Anti-harassment law
Nair said IBM had also set up a committee that investigates complaints of harassment by employees and takes disciplinary action if needed. That's mandated by a set of 1997 government guidelines to ensure women's right to work in an environment "free of sexual harassment."

The Indian parliament passed the anti-harassment bill last April

The guidelines, detailed by an anti-harassment bill passed by the Indian parliament in April, requires all companies and organizations with more than 10 employees to set up an internal complaints committee, with one external member, headed by a woman. The mechanism is meant to encourage women to complain if they face sexual harassment and ensure a fair process.
But the reality is quite different, some say. Anagha Sarpotdar, a consultant on gender issues, said there was "rampant non-compliance" by companies even though they could face penalties and even lose their license if they fail to implement the law.
Companies not committed?
Sarpotdar, who's researching workplace sexual harassment of women at the Tata Institute of Social Sciences in Mumbai, said few firms are serious about stamping out the problem.
"Many companies make noises after a high-profile case and set up fantastic-sounding policies. But many only have complaint committees on paper," she said. "Also, they avoid using the term 'sexual harassment' and instead trivialize it by calling it 'inappropriate behavior' or an 'untoward incident' or an 'internal matter."
Worse, many companies actually deter female workers from making a formal complaint about sexual harassment, Sarpotdar said.

Women are often blamed for becoming the target of sexual harassment

"Women are often labeled as 'troublemakers' or they're pressured to drop the complaint and quit. There's also a huge fear in companies about the mechanism for complaints being abused," she said. "As a result, few women dare to step forward and speak out."
Women 'stand to lose everything'
So what can be done to make workplaces safe and harassment-free for women?
More awareness is the answer, Kalpana Tatavarti said. "There's a tangible sense of empowerment among women employees during awareness workshops as they become aware of their rights and realize how to say 'no' in unwelcome situations" she said. "And we get feedback from companies about improved communication and mutual respect between male and female employees."
While that can help in tackling the problem, Sarpotdar said there can be no real improvement in workplace safety unless employers "understand the spirit of the anti-harassment law" and implement it stringently.
"Companies have to realize what a huge impact workplace sexual harassment has on women in the Indian context. They risk a lot when they decide to make a formal complaint," Sarpotdar said. "It can completely damage not just their careers, but also their personal life and reputation. They stand to lose everything."

http://www.dw.de/indian-firms-take-little-notice-of-law-against-sexual-harassment/a-17298779

Sexual harassment: India Inc faces a ‘male storm’

Dec 3, 2013, 07.16PM IST

• 

(Sexual harassment: India…)

 

 By Shibu Joseph

A sense of panic gripped Corporate India following exposure of the 'lapse of judgement' by the chief of many an expose in the country a few weeks ago. Managements and HR heads of most companies have gone into a huddle to devise ways to instill a sense of normalcy among their staff who have been flustered by the minute-by-minute ad nauseum coverage of the Tehelka chief's journey from the high moral pedestal to a gaol in Goa.

Their immediate worry has very little to do with their female employees or the loss of innocence at work. 'Light-hearted banter' may have assumed new meanings in corporate corridors, but these are small issues for venerable HR heads to tackle. But none were prepared for the crises that threaten to endanger their men folk. Says the HR head of an FMCG company, "Putting in place an anti-harassment policy, we thought, was all that was required. We were least prepared for the paranoia and its after-effects on our male colleagues."
With every passing minute of breathless coverage of Tejpal Gate on televisions (as if nothing else in the country was worth reporting), several male employees across companies are being rushed to hospitals. Ambulances are on call every minute attending to nervous men complaining of various stages of mental distress. According to unconfirmed reports, Bangalore's reputed mental health hospital Nimhans said that it was unable to accommodate any more patients.
Similar reports are pouring in from its peer hospitals in other parts of the country. A source at Nimhans told this correspondent, "Most of the patients are brought in complaining of 'lift-o-phobia' (fear of being caught with a lady in a lift), guilt laceration, etc. Some patients panic as soon as they spot a lady nurse or a doctor. They all insist on talking to only male doctors and we are short of male doctors here."
Visiting the hospital, this correspondent spotted a senior executive from a major technology firm, sleepwalking outside the men's ward rubbing his hands repeating the words of Lady Macbeth, "Out, damned spot! Out... All the perfumes of Arabia will not sweeten this little hand. Oh, oh, oh!" When queried what it all meant, a relative confided, "Apparently, he had put his arm around a lady in his office recently. He is scared he would be sued for sexual harassment and meet the fate of Tarun Tejpal. Offices are also witnessing thinner attendance by male staff. Some of them are being dragged to offices by their family members like kids are brought to their kindergartens on the first day. Fearing 'inappropriate' behaviour by them, many men are staying at home or are demanding that they be allowed to work from home. A paranoid employee, it was learnt from a source inside, demanded from the management that separate work bays be built for men and women and that washrooms for men and women be kept on different floors as he did not want to bump into anyone from the opposite sex.
When contacted, a male executive in an MNC who obviously couldn't endure being at a disadvantage, said, "Instead of working on our targets, we are constantly worried about being the targets of 'adamantine' women. I will ensure I will never get within a mile of them. Life was smooth before law started poking its nose."
Several men across cities were reportedly out in bookshops and online stores looking for a certain 'The Tejpal Book of Excuses for the Wayward Men' to learn the right words to explain in case they are caught with 'a lapse of judgement' or 'misreading of situations' or indulging in 'untoward incidents'. Thanks to such efforts, Google is said to be preparing to announce 'lacerate', 'atonement', 'adamantine' and 'mendacious' as the year's most searched words leaving behind the hitherto top words like 'snooping', 'shehzada' and 'feku'.   According to a source in Delhi, several companies in the Capital are organizing 'Harassholics Anonymous' to help some of their licentious staff to fight the addiction. Some men who until recently talked to women colleagues with their hands on their shoulders, are clueless about what to do with their hands now. The ever alert government too has swung into action.

A bird in the finance ministry told this correspondent that this year's Union Budget will announce a series of women ventures like all-women newspapers, all-women hotels, all-women stores in line with all-women banks. And these ventures would come under surveillance and snooping by 'sahebs' emboldened by the fact that snooping victims or their kin do not appear to have a problem with surveillance.
Meanwhile, the senior executive from the tech firm was again seen sleepwalking back to his bed uttering, "To bed, to bed! There's knocking at the gate. Come, come... what's done cannot be undone... To bed, to bed, to bed!
(Disclaimer: This is a spoof on the hotly-debated harassment issue and not based on facts)

 

 

10 Best Way to reduce/Dismiss Maintenace/Interim Maintenance Amount....

Dear friends and victims of  Biased Law.Following are the 10 Best way to reduce or eliminate The maintenance/Interim maintenance from your shoulder.If all the tips and Points are used actively before or during the procedure then certainly you are going to save your hard earned money from forced charity so called as maintenance to your wicked wife who is willingly made as a parasite with the help of Biased Law.

1. Always initiate yourself first in showing the proof of income as this will show your honest approach of husband and literally it will save the litigation tenure.


2. The procedure of court are very slow.So,better to follow due diligence approach and take as active participant till the finalization of any interim order to again show yourself as a bonafide husband.


3. Always pretend that you have done everything to call back your wife but it was she who dumped you without any reason or you have tried everything to sort out but her cruelties gone to next level.For this you can use any of her email,sms,letters,chats or any audio/video,photos which are admissible in court as documentary evidences.This will again show that you were a responsible as well as caring husband to retain the conjugal life.In this particular scenario she will not get any penny if she has deserted you without any reason.


4. During Marital dispute every husband and wife may get chance of mediation through court.So,it's better to negotiate the amount and amicably settle it down.This will not only decrease the litigation cost in terms of lawyers fee in pendancy of cases but also saves your precious time.


5. During Maintenance fight on the court floor always have a solid argument in terms of wife's capability to earn herself. Always produce the  current statistics of Job and it's remuneration that one would have got on such degree if she would have tried for job instead of simply sitting idle as a parasite for the sake of maintenance.Also add credentials of her prior work experiences if any. This will not only reduce the maintenance amount but also give an added advantage in deciding the final alimony.



6. If wife is working and enjoying her salary then she is not entitled for any maintenance.As maintenance to wife is treated as survival money and not as luxary amount taken from husband in spite of her income.So,Don't miss any chance to collect her job details through RTI if she is working in Govt/PSU sector.If working in private then you could personally indulge to get her income details with the help of any detective agency or through her friends,neighbors,relatives or lastly appointing a court commissionaire to collect the information.


7. When fight for maintenance starts then don't prolong such fights as in such case husbands are only looser in terms of paying Lawyers fee,litigation fee an then interim maintenance which could ordered from date of filling or from date of order which depends on the magistrates discretion in the most of the cases.So,never ever light the maintenance cases for so long. Always try to end actively to shorten your burden in terms every month maintenance till the closure of litigation.


8. If wife has been indulged in infidelity or adultery and you are having a stringent proof against her then she will not get any penny but you will get a neat and clean divorce on such ground from her even without final alimony.In this case you will win your GWA case too.


9.  Generally maintenance is fixed as 1/3 of Husbands intake income. So,better increase your liability through expenses on monthly investments like EPF,GPF,VPF,Life Insurance,Medical insurance, or long term investments on the name of your parents to just minimize the maintenance amounts and on these investments she can't claim any stake further by any means in your life time and even after your death if you have not nominated her.


10. If any husband is sniffing the ditch from her wife or knowing that her wife will definitely file false cases of dowry,violence or maintenance cases  then simply open an A/C on her name with her nod much before her intention comes into action.And every month put some monthly amount in her A/c to show that you are a bonafide customer as a husband. This deposit will definitely show a critical approach in deciding the maintenance/Interim maintenance.


Written & Posted by ESIS


You may be also Interested to Read the Below, Just Have a click:

10 BEST WAY TO PROTECT YOURSELF FROM 498A,DVA,DP-3&4,MAINETNANCE CASES AND 406 IPC

10 BEST WAY TO PROTECT YOURSELF FROM 498A,DVA,DP-3&4,MAINETNANCE CASES AND 406 IPC

It is more painful when women of the husbands side whether mother or sister are dragged in the false cases by other women i.e wife of his son or brother.



How injustice is granted in this woman friendly country.One side the law is made for women and other side the laws are unparalleled to mother and sisters.



But one thing is clear jaise diamond hi diamond ko kat sakta hai waise hi ek aurat hi dusre aurat ko kat sakti hai........



The strategies below to safeguard Men from Wicked women prior to marriage and after marriage:



1. Every mother of Husband's after his sons marriage take all his properties on her name via stridhan or by gifts in favor of her name.This protect the claim of DIL if it goes for divorce, as for wife stridhan no body can claim theek waise hi mother's stridhan can't be claimed.(Follow the chanakya niti-dushman ko kabhi chota nai samjhna chahiye,this follows from the starting.



2. Make all Video recordings of both side conversation when the girls side comes to grooms side for marriage settlement.Record each and every thing as what they have told in favor of her daughter.Like the girl is homely,girl is educated,girl is sovereign in nature etc etc.This will keep you safe in future when the real character of girl will come after marriage.



3. Take written statement of no dowry taken or given on judicial stamp paper in front witnesses in presence of lawyer this will lead you a safe side when they will claim that they have given this much for that purpose.(Here the matter of money closed).



4. Before marriage see all the certificate of girls education and experience and ask her to give boys side all the attested copies of her education and experience documents dully signed by gazetted officer.(It will be your weapon used for maintenance case once she will lie).



5. Initially every girl unscrupulous and greedy girls behave politely and u naturally but the real colour of the girl comes out within a week as she can't resist her natural behavior on any circumstatnces.So,Before coming of girl to her marital home,every guy should have to put some short of hidden camera in his house to gather her behavior if she become nasty.(Proof at initial stage is very prominent because at that time she will not know that she is going to be trapped in her shameful act if she becomes a 498a wife further.



6. During your first 2-3 months make your wife as lovely as you can,by giving care to her,dresses to her,movies etc.but make sure you always keep the snaps and bills which you have purchased or spended on her at safe mode.In future this will only help you against her cruelties.




7.As the laws are more women friendly and each day nobody know what will be the next increment  will be given to wives by the govt. So, be prepared earlier by following the first step of strategies by the concerned of your mother.



8. A mother and sister can only teach a lesson to this wicked women's.If their relatives or muscle men enters in husbands house in absent of him or in his presence also.You both mother and sister come forward and make a hell out of it as they were misbehaving with you and tried to molest you.Make a case.Then see how this wicked wife and her in laws will afraid to come in husbands house.



9. For false cases the base which you have made will certainly ruin their strength to fight cases.Never afraid of going jail.As once the husband family is ready to face any consequences with more powerful thinking then no body on this earth can save these wicked ladies to go to dearth in their own conspiracies.



10. For gender biased law a gender biased ideas can only help one harassed husband to come out from this.


Best of Luck,
(ESIS)