Man can’t force wife to conceive, rules high court

Feb 11, 2012

In a first, the Punjab and Haryana High Court has ruled that a husband cannot compel his wife to conceive and give birth to his child. Making it clear that relationships that know no limits too have boundaries, the high court has asserted intimacy is one thing, giving birth to a child another.

“Mere consent to conjugal rights does not mean consent to give birth to a child for her husband,” Justice Jitendra Chauhan of the High Court has asserted.

The judgment, pregnant with significance, also makes it amply clear that “to have and to hold, for better, for worse, for richer, for poorer, in sickness or in health” does not give a man the right to prevent his wife from going in for an abortion.

The ruling came on revision petitions filed by Chandigarh-based gynaecologist Dr Mangla Dogra and others petitioners. The controversy in the case hovered around the decision of a wife to go in for medical termination of pregnancy without her husband’s consent.

Married in April 1994, the couple and their son were initially staying in Panipat. Due to “hostilities and strained relations”, the wife started staying with her parents, along with her son, at Chandigarh.

The wife conceived after she agreed to accompany her husband to Panipat during the pendency of her application for maintenance. She then underwent an MTP carried out by Dr Mangla Dogra, who was assisted by Dr Sukhbir Grewal as anesthetist.

The husband, subsequently, filed a civil suit for the recovery of Rs 30 lakh towards damages for mental pain, agony and harassment against his wife, her brother and parents and Dr Dogra and Dr Grewal for getting the pregnancy terminated illegally.

Taking up the plea, a Civil Judge asserted: “There is a cause of action in favour of the plaintiff against the defendants (wife and others) at this stage”. Aggrieved by the orders, Dr Dogra and other petitioners preferred the revisions.

Justice Chauhan asserted: “The wife knew her conjugal duties towards her husband. Consequently, if the wife has consented to matrimonial sex and created sexual relations with her own husband, it does not mean that she has consented to conceive a child. It is the free will of the wife to give birth to a child or not…

“The wife is the best judge and is to see whether she wants to continue the pregnancy or to get it aborted… Keeping in view the legal position, it is held that no express or implied consent of the husband is required for getting the pregnancy terminated…

“A woman is not a machine in which raw material is put and a finished product comes out. She should be mentally prepared to conceive, continue the same and give birth to a child. The unwanted pregnancy would naturally affect the mental health of the pregnant woman…” Imposing costs of Rs 50,000 on the husband, Justice Chauhan concluded: “It is held that the act of the medical practitioners Dr Dogra and Dr Grewal was legal and justified.”

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Complaint of rape against Kartam Surya the Hero SPO mentor and Court Order

In this case the accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are missing. It is not likely that they will be apprehended in the near future. Therefore accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are declared “absconding”. A permanent arrest warrant is issued against them by the committal court

As top cops flew down to Dornapal on Friday for a Guard of Honor for ‘SPO mentor’ Kartam Surya, who died in a Maoist attack on Thursday, what no one talked about was that the man they were honouring was also accused of several offences, including rape, and had been declared an “absconder” by a Dantewada Sessions Court in December 2009.

When declared an absconder, Surya was a constable at the Misma police station, having been inducted into the regular police force within months of becoming an SPO. After he and others ignored repeated warrants, Sessions Judge Sharad Gupta had said in the 2009 order: “Kartam Surya, Kovasi Mangal Ram, Kichche Nanda are absconding. There is no chance of finding them in near future… There is a permanent arrest warrant commital against them.”

Later, in March 2011, when three villages were allegedly burnt down by SPOs in Dantewada, locals had named Surya as one of the accused. The police had denied his involvement claiming he was in Sukma when the incident took place. In a case in the Supreme Court, Surya was named in a matter pertaining to SPOs being armed and their atrocities on local tribals.

The court had eventually declared that SPOs be disbanded. Asked why the tainted jawan continued in the force, ADG (Naxal) Ramnival told The Indian Express: “This is a well-conceived strategy of Naxals… That (rape) was a private complaint, of no relevance. Jo shaheed ho gaya uski bahaduri ki koi baat nai kar raha. They are making frivolous allegations.” Wife raises doubts about Surya death Raising doubts about the circumstances surrounding Kartam Surya’s death, wife Pushpa alleged on Friday that the police did not want him to survive and “took him to Polampalli area to kill him”. Questions have been raised about the reason that the police team, which was targeted, was going to Polampalli from Dornapal. IG (Intelligence) Mukesh Gupta confirmed: “They did not go to Polampalli for any official work.” ADG (Naxal) Ramnivas refused to comment.

THE COMPLIANT 

Before the court of Junior Magistrate First Class (JMFC)

of the jurisdiction – Konta Zilla, Dantewada, Chhattisgarh

Case Number

Litigant/Applicant

Sodi Ayte daugher of Sodi Linga, tribe Muria

Age: Around 23 years, resident of Samsetti village

Thana: Dornapal, District: Dantewada, Chhattisgarh

Versus

Accused
Kartam Surya, age approximately 24 yrs,

Resident of Misma Village, Occupation: Police constable
Kowasi Mangalram, age approximately 30 years

Resident of Misma Village, Occupation: SPO
Kicche Nanda, age approximately 32 years.

Resident of Korrapad Village, Occupation: SPO

All are current residents of the Dornapal Police station barracks, District Dantewada, Chhattisgarh

Application for registering cases under Indian Penal Code (IPC) sections 376, 342, 506 (B), 294, 34

The litigant/applicant has the following statement:
That three years ago, the applicant/litigant, during the time of the monsoons in July 2006, was husking rice in her home around 4 or 5 in the evening. At that time a team of SPOs and police came from the Dornapal police station to the village.
That the accused came to the house of the applicant/litigant and forcibly abducted her, and dragged her to some nearby bushes and abused her with vulgar words and threatened to kill her. Then the 4 SPOs raped her one by one. Of these people, the applicant/litigant does not know the name of only one, but will be able to identify if produced before her.
When she was being dragged to the nearby bushes, the defendant’s mother and father tried to stop the accused but the accused beat up the parents, and tied up their hands and legs and locked them up in the house.
As the applicant/litigant is an illiterate member of a Scheduled Tribe group, and hence out of fear did not immediately lodge a complaint against her assailants. But after some days, the applicant/litigant did go to the Dornapal police station to lodge a complaint. However, the police not only did not allow the filing of a complaint, but threatened her and threw her out of the station.
That the applicant/litigant has filed a complaint on March 27, 2009 to the District Superintendent of Police South Bastar Dantewada regarding criminal investigation against the accused. Because all four accused belong to the police department, the applicant/litigant was apprehensive that her complaint would not be entertained. This is why she is filing this case before this court.
That the accused is able to recognise by name and address all the accused except for one of them.
That the facts of the litigation letter are recorded according to my narration, and the Gondi translation of the same is read out to me by Sodi Ayata son of late Sodi Sodi Bima of Samsetti village.

The application also has a photograph of the applicant/litigant.

We hereby petition the Junor Magistrate First Class (JMFC) in Sukma that the case be registered against the accused under IPC sections 376, 342, 506 (B), 294 and 34 and legal proceedings be initiated against them.

Enclosure: Copy of the application filed before the Superintendent of Police, Dantewada for filing the complaint

Location: Konta Council for the Applicant/Litigant: Applicant/litigant

THE COURT ORDER SHEET

Sessions Judge, Dantewada, South Bastar Dantewada, Chhattisgarh

Sessions case number: 164/2009
—————————————————————————————————————————-

Sodi Ayte versus Kartam Surya and Others

Date of Order or Proceeding Order or Proceeding with Signature of Presiding Officer Signature of Parties or Pleaders Where necessary
November 17, 2009 Received records from court of JMFC Mr. Amrit Kerketta, Konta related to criminal case number 83/2009 Sodi Ayte against Kartam Surya under IPC sections 376/342,506(b), 294,34. Committal date 30th October 2009

The case be registered in this court

Forfeited articles – Nil

Accused are declared “absconding” under section 299 IPC and are issued a permanent arrest warrant

Hereby the trial court directs the case be heard on the next date

Next date of hearing: November 18, 2009
November 18, 2009 Council for the applicant/litigant Mr. Girish Thakur present

Accused are already declared “absconding”

Presiding officer Sessions Judge has gone to Bhopal to attend a workshop

The council applied for condoning absence of the applicant which is accepted after due consideration

Presiding sessions judge will remain on Bhopal tour between 18-24 November 2009 and on leave from 26th November to 4th December 2009. Therefore on the request of Mr. Thakur, council for applicant/litigant, the next date for hearing is fixed for 10th December, 2009

Case be put up for next proceedings

Date for next proceedings is 10th December 2009

-Signed:

B.R.Pradhan

Upper Sessions Judge

For/- District Sessions Judge
December 10, 2009 Council for the applicant/litigant Mr. Hari Degal present.

He submitted an application to excuse the absence of the applicant/litigant which was accepted

In this case the accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are missing. It is not likely that they will be apprehended in the near future. Therefore accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are declared “absconding”. A permanent arrest warrant is issued against them by the committal court.

This case is sent to the archives

Sharad Gupta

Sessions Judge

Sessions Court

South Bastar Dantewada

Copy of petition # 654/2009, petition date 19-11-2009 to 10-12-2009

—- — —- South Bastr Dantewada (CG) order # 164/2009 1) Sodi her father Sodi Lina tribe Muria 23 years resident of Samsetti thana Dornapaal district Dantewada (CG)

Subject:

Kartam Surya age 24 years – resident of Sikhma (?)
Kobasi Mangalram Age 30 yrs resident of Sikhma occupation SPO
Kicche Nanda Age 32 years resident of Korapaad occupation SPO

All are living in the periphery of the thana Dornapaal district Dantewada

They have been accused under sections 376, 342, 506(b), 254, 34.

The applicant is presented in front of Sri Haridegal – the presiding officer.

He had created a document to excuse the presence of the applicant and has determined the petition to be acceptable.

The accused Kartam Surya, Kovasi Mangalraam and Kicche Nanda are absconding.

We are not sure if we will be able to locate them in the future. At this point, Kartam Surya, Kovasi Mangalraam and Kicche Nanda are declared fugitives. They have a permamnent arrest warrant placed on them.

Please submit the petition in replicate.

.. Gupta

Presiding law enforcement officer,

South Bastar, Dantewada

—————————————————– ?

No lost or stolen goods.

The accused have a permanent arrest warrant against under 299 d.p.c.

According to the ruling, we expect their presence in the next session.

Appearance date – 18/11/2009

Gupta

State precinct

South Bastar Dantewada

Date: 29-4-09

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Petition against the Death Penalty- Pl sign and share widely

39 nations have already abolished the death penalty. In December 2012, the United Nations‘ General Assembly will vote on a resolution calling for a worldwide halt to its use.

We, the undersigned, in recognition of the five million people who signed the moratorium petition that was handed to the United Nations’ General Assembly in 2007, promoted by the Community of Sant’Egidio in collaboration with Amnesty International and other organizations all over the world, renew the call for a worldwide moratorium on sentences and executions with a view to abolishing the death penalty worldwide in the belief that this penalty is inhumane:

* Whatever the method of execution, there is no humane way to kill
* Whatever the country, death row is inhumane
* Whatever the length, awaiting death dehumanizes people sentenced to death

We welcome the strong progress already made towards a global end to capital punishment and acknowledge that 139 nations have abolished the death penalty in law or practice.

For the 4th vote of the United Nations General Assembly on a moratorium on the use of the death penalty, to be held in December 2012, we, the undersigned, call on all countries to support the resolution and all those which retain the death penalty to establish a moratorium on its use, with a view to abolishing this inhumane practice altogether!

 

Please sign online petition here