Archive for the ‘News-Surveys/opinions’ Category

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) BILL, 2008

January 8, 2009

http://164.100.24.219/BillsTexts/RSBillTexts/PassedRajyaSabha/CrPC%20as%20passed.pdf

Promotion and Support to legal Terrorism From Lawyers: Below news in TOI proves it all.

Lawyers strike to bail themselves out

8 Jan 2009, 0326 hrs IST, Abhinav Garg, TNN

 

http://timesofindia.indiatimes.com/Cities/Delhi/Lawyers_strike_to_bail_themselves_out/articleshow/3949016.cms

NEW DELHI: For all their public posturing and indignation against the CrPC amendment vesting greater discretionary powers with the police in making an arrest, lawyers privately admit their opposition to it because the changed law will reduce bail cases.

Though loathe to come on record, lawyers across various district bar associations in Delhi which struck work on Wednesday predicted a drastic fall in bail cases due to the CrPC amendment. Since it gives greater leeway to an investigating officer (IO) to decide if an arrest is warranted or not in offences which carry a maximum sentence of seven years’ imprisonment, observers say number of arrests for such crimes is likely to come down and so will the corresponding bail matters ending up before courts.

The bar associations, however, have wrapped their grievances in dire warnings of lawlessness and increased crimes against women, since a molester can now walk away secure in the knowledge that he might not be arrested. Still, was going on strike the solution, given that every judicial authority from the Supreme Court to Delhi High Court has repeatedly directed lawyers to refrain from this option?

“It isn’t a strike on principle and policy,” says senior lawyer Kamini Jaiswal, referring to Wednesday’s protest. She said it was the loss of clients due to less bail pleas that was causing heartburn to most district lawyers, “Litigant had nothing to do with the amendment but it is he who suffers the most because of such strikes. Even when SC has termed strike as `gross misconduct’ lawyers resort to it, this is extremely unfortunate. If we take a fee we are dutybound to provide legal service to our clients,” she said.

While the bar associations claim the amendment will lead to increase in crimes like kidnapping, stabbing, forgery etc, lawyers like Ashok Arora see nothing wrong in the amendment, concluding it will in fact “help administration of justice”. He added, “Whether bail matters will be reduced or not shouldn’t be concern of any profession. As lawyers our aim should be to help in administration of justice.”

Even the judges, speaking on condition of anonymity, maintained the bar striking work at the drop of a hat on every issue was unacceptable. “In district courts, many lawyers are dependent on fighting cases for anticipatory or interim bail. Therefore this amendment has left them fuming,” added an HC judge familiar with the workings of lower courts.

It was left to Delhi High Court Bar Association president K C Mittal to stand by his lower court counterparts and back their demands. “Amendment does suffer from many defects which will have consequences like escalation of crime. Giving discretion to police to arrest or not means there will be no deterrence,” Mittal told TOI. When asked if going on strike was a good way to protest against this change, Mittal claimed it was being done only to warn the public of what trouble lies ahead due to the changed CrPC. “How do we raise a point? We keep shouting, sending representations, letters, etc but no one listens.”

Parents worsen rocky marriages

December 24, 2008
Parents worsen rocky marriages
BY HASSAN M. KAMAL
MUMBAI

http://www.dc-epaper.com/DC/DCB/2008/12/23/ArticleHtmls/23_12_2008_110_004.shtml?Mode=1

 

“Unwanted advice of parents should be avoided while tackling crisis situations in a relationship”

A report published by a Florida-based marriage counsellor said parents may invariably accelerate the break up process if a marriage is on the rocks. “Unwanted advice of parents should be avoided while tackling crisis situations in a relationship. The couples ought to be independent to make their own decisions,” it said.

Dr Rajan Bhonsle, a Mumbaibased marriage counsellor says, “Parents are very possessive about their children. Somehow, they become jealous of the new person in their children’s life. They don’t want to give away their children even after marriage and keep pouring in advice — which very often is one of the major causes of a marriage break up.” He feels the situation can become more vulnerable in the initial stage of a marriage, as there is a lack of understanding already, and parents’ biased advice just adds to it. This becomes an even bigger problem when the other partner is not liked by the parents.

However, Dr Jyoti Sangle, visiting psychiatrist at Hiranandani Hospital says, “A marriage is made between two mature individuals. They need to be responsible, and so you can’t solely blame parental advice for a split.” She says that parents always have a soft corner for their child, and so they often fail to analyse the situation rationally. It is also because there are so many personal and social emotions attached.

“Importantly, if a marriage is under stress, parents need to be informed about it. But always seek advice from professionals — someone who can look at the situation objectively, like marriage counsellors,” adds Dr Sangle.

Dr Bhonsle warns that as a mature individuals, couples must communicate with each other regularly and openly, as a lack of communication only adds to the problem. “Selfishness, ingratitude and lack of understanding are the hallmarks of an unhappy marriage,” he adds, “And in this case, it is vital that the couple be independent enough to take their decisions.” Dr Sangle adds, “When you see problems in your marriage, always seek professional help. But understanding, communication and respect is important to keep a marriage alive.”

Why men can’t lie to women

January 21, 2008
ANI
Melbourne, January 19, 2008

‘Most wives would divorce if they could afford it’

January 18, 2008

http://www.ibnlive.com/news/most-wives-would-divorce-if-they-could-afford-it/56801-19.html

Published on Fri, Jan 18, 2008 at 12:11 in Lifestyle section
Tags: Husband And Wife, Marriage , London

London: Most of the wives would leave their husbands if they could afford it, a survey has shown.

In a study of married men and women, the majority of wives — 59 per cent — said they would divorce immediately if their future economic security was assured.

Among both sexes, more than one in ten wished they had married someone else. The survey found than half of husbands thought their marriage was ‘loveless’. Relationship experts in UK have warned couples to avoid getting stuck in a rut — or risk the trauma of divorce.

“Divorce impacts on every single area of a person’s life. Dividing up the family home, pets and everything they own is just part of the process,” a spokesperson for Relate, the relationship counselors, was quoted as saying by the Daily Mail online.

The British survey of 2,000 adults revealed that almost 30 per cent said they were staying in a doomed marriage to save themselves going through a massive upheaval.

Nearly half of those questioned, both men and women, would stay with their partner for the sake of the family unit.

Thirty per cent men said they were staying for the sake of children, being scared that they would have to leave without their kids.

Fifty-six per cent admitted they were not completely happy in their relationship — and more than half said they had considered splitting from their partner.

The survey was commissioned by solicitors Seddons after a rush of divorce applications in Britain during the first week of the new year.