Petition to Conduct CBI Enquiry into Murder of Dr J A Mathan

Thursday, 29 December 2011

Kumble accused of forgery:Wife’s ex-husband says cricketer pretended to be his daughter’s dad

Kumble accused of forgery:Wife’s ex-husband says cricketer pretended to be his daughter’s dad
http://epaper.dnaindia.com/story.aspx?edorsup=Sup&wintype=popup&queryed=860009&querypage=12&boxid=30949544&id=713&eddate=2011-12-29&ed_date=2011-12-29


Kumar V Jagirdar, the ex-husband of cricketer Anil Kumble’s wife Chethana, has accused the duo of forging his signature to get the passport of his and Chethana’s daughter reissued.

Jagirdar, a stock broker, has filed a complaint with Bharathinagar police. He has stated that his daughter’s passport expired in 2009 and in April 2011, his ex-wife applied for passport renewal.

Jagirdar told DNA that he did not get a response from Chethana when he sought to know the developments regarding the passport’s renewal.

Jagirdar said he recently learnt that Chethana had applied for reissuing the child’s passport. Jagirdar said he was shocked upon learning this since as the biological father, his involvement is mandatory in the reissue of her passport. Hence, he filed an application under the Right to Information Act (RTI), seeking documents regarding his daughter’s passport-reissue application.

Jagirdar added that both the mandatory documents needed to issue passport to a minor require signatures of the biological father.

When he procured a copy of these documents, he discovered that somebody else had signed where his sign was required. He alleged that the signature is of Anil Kumble.

He added that he procured a copy of the cricketer’s passport, too, through RTI and noted that the signature on it resembles the signature on the application for their daughter’s passport. Further, Jagirdar said a copy of Kumble’s passport has been attached as the father’s passport.

Jagirdar alleged that Anil Kumble has pretended to be the biological father of his daughter and impersonated him by affixing his own signature where Jagirdar’s signature was required.

Further, Jagirdar said he had trusted his ex-wife to keep him informed about the developments regarding his daughter’s passport, in accordance with the court’s order.

Jagirdar said Kumble and Chethana have committed a serious offence, which amounts to forgery, misappropriation and impersonation, apart from other offences punishable under Indian Passport Act and various provisions of Indian Penal Code.

Bharathinagar police have registered a case and are investigating.

Kumar V Jagirdar (left) and Anil Kumble

Thursday, 15 December 2011

Three quacks held in Torangal (Bellary district)

Three quacks held in Torangal (Bellary district)
http://www.hindu.com/thehindu/thscrip/print.pl?file=2011050960580300.htm&date=2011/05/09/&prd=th&

Complaints lodged against three more suspected fake doctors

Raids conducted following several complaints of fake doctors practising in and around Torangal

Raids carried out in other parts of State as well
CRACKDOWN:Veerabhadrappa, Registrar of Karnataka Ayurveda, Unani, Yoga, Siddha and Naturopathy Practioners' Board, verifying the certificates of a medical practitioner at Torangal in Sandur taluk of Bellary district on Sunday.

BELLARY: In a crackdown on quacks led by Veerabhadrappa, Registrar of the Karnataka Ayurveda, Naturopathy, Siddha, Unani and Yoga Practitioners' Board, three medical practitioners at Torangal of Sandur taluk in the district, alleged to be possessing fake certificates, were caught and handed over to the local police on Saturday. Complaints have been lodged against three more suspected quacks in Torangal, who were alleged to be absconding.

Based on complaints of several persons indulging in medical practice with fake certificates, Dr. Veerabhadrappa, with the support of the police, raided several clinics near Toranagal Railway Station and in Torangal village.

According to official sources, one Sandip Kumar (27) from Jharkhand, who had opened a clinic on the busy Railway Station Road, was questioned by the authorities. He showed a certificate issued by the Alternative Medicine and Research Centre, New Delhi, affiliated to the Indian Board of Alternative Medicines, New Delhi, and International Open University of the U.S. Dr. Veerabhadrappa seized the certificate as he found it to be fake and asked the police to take him into custody.

S. Srinivasulu from Dhone in Kurnool district of Andhra Pradesh was another medical practitioner at Torangal to have held for possessing fake certificates.

One certificate produced by him stated that he was a member of the Grameena Vaidyula Sanskhema Sangham of Dhone in Andhra Pradesh. Another certificate produced by him had been issued by one K.V. Manidhar stating that Mr. Srinivasulu had worked as a doctor for six years. As the news about the raid spread, several such quacks in and around Torangal downed the shutters of their clinics and fled the place to avoid getting arrested.

Ajit Kumar, brother of Mr. Sandip Kumar, was also taken into custody on Saturday for allegedly practising medicine with fake certificates.

All the three were later handed over to the Toranagal police for further action.

Dr. Veerbhadrappa told The Hindu that following many complaints of several quacks practising all over the State, the Government had passed an order to put an end to such practices and protect the health of people. The order had empowered the Registrar of the Karnataka Ayurveda, Naturopathy, Siddha, Unani and Yoga Practitioners' Board, who has the jurisdiction over the entire State, the District Ayush Officers and District Health and Family Welfare Officers, to check medical practitioners within their respective jurisdictions and initiate action against fake doctors.

According to Dr. Veerbhadrappa, several raids have been conducted in Bangalore, Gangavati in Koppal district and Bagalkot among other places, and many quacks had been identified, handed over to respective police stations and complaints lodged against them.

The police would deal sternly with those found guilty of practising medicine with fake certificates.

The raids would continue, he said.

Federation of Chemists & Druggists in Karnataka urges state govt to act on quacks

Federation of Chemists & Druggists in Karnataka urges state govt to act on quacks

Federation of Chemists and Druggists in Karnataka has sent in a proposal to the state government to take action on the quacks practising in the state and also look into the norms at the time of granting pharmacy outlets licenses across the state.

In a memorandum to the minister of health and family welfare, Ashokswamy Heroor, vice president of the Federation of Chemists and Druggists in Karnataka stated that there are 81,000 registered MBBS doctors, 12,000 ayurveda qualified practitioners and 4,500 homoeopathy specialists in Karnataka. But the number of quacks practising are more than qualified medical professionals. Therefore a serious action is mandated against those treating patients with non-medical qualifications.

The government should look at auditing the clinics even in the remote locations of the state to ascertain the number of doctors practising without medical degrees.

In order to curb the practice of quackery, the Supreme Court had passed a judgement on October 8, 1998, to identify the quack doctors. As per the order, Director of Health and Family Welfare department had issued a circular No. MDL, 14:2000-01 dated November 4, 2000. Karnataka government passed a notification No. HFW215/PIM-2007 dated December 13, 2007 to control the quack doctors to register Ayurveda Board, District Ayush officers and District Family welfare officers.

According to Heroor, despite these government orders to swoop down clinics and arrest the violators, not much could be achieved to control the practising of quacks.

He called upon the state government to increase the number of officers which would help empower committees in drugs control department covering designation of drugs inspectors assistant drug controller and deputy drug controllers.

Another issue is the proliferation of unsafe and ineffective medical devices in the market which are increasing the threat of infection transmission. Further, there is also inappropriate prescription and irrational use of drugs resulting in drug resistance  and  adverse drug reaction which the state government needs to address as these issues are impacting as a huge economic burden on the patient population, pointed out Heroor.

With reference to the pharmacy trade, he has proposed to the state drugs control department, there was need to ensure that permanent addresses of the registered pharmacists  made available.

Even during the election process at the State Pharmacy Council, ballot papers were misused and addresses were not updated. Heroor stated that there needs to be a permanent residence proof records like voter ID or other government approved submissions for the same.

According to the vice president of the Federation of Chemists and Druggists in Karnataka, who is also the president of the Koppal District Chemists and Druggists Association and president Indian Pharmaceutical Association, Gangavati, stringent norms and constant surprise checks would help to keep quacks at bay. A regular vigil on hospital practices would help control unethical tasks, he added.
http://www.pharmabiz.com/PrintArticle.aspx?aid=64112&sid=1

Wednesday, 14 December 2011

Petition to the Chief Minister to take action Against Quacks (Fake Doctors) and Quackery

People for Better Treatment (PBT)
Bangalore Chapter
and
Voice of Women and Families in India (VOW)
And
Chidrens’ Rights Initiative for Shared Parenting (CRISP)



Date : 13-12-2011
To
Hon’ble D V Sadananda Gowda
Hon’ble Chief Minister
Government of Karnataka.

Respected Sir,

Sub :    Karnataka Health Service – Introduction of Anti Quackery Bill / Act
to save the lives of innocent public of Karnataka – Request 

Warm greetings from CRISP, VOW India and Karnataka State Chapter of People for Better Treatment (PBT).

Allopathic system of Medicine is a Scientific Evidence based medicine being offered to the citizen of Karnataka by Qualified Medical practitioners of Medicine whose basic medical qualification in MBBS. In society there are many number of other system Doctors and unqualified persons misusing Allopathic system of Medicine to the sick leading to loss of precious lives, or multiple serious complications of stomach, liver, kidney etc. i.e. Serious Morbidity and Mortality.

This results in prolongation of illness and complicates the illness, so that subsequent treatment by qualified Doctors also may not yield the desired outcome. This is an unchecked menace in rural and urban of Karnataka. These “Quacks” exploit the ignorance of the under privileged and uneducated mass of our state.

More than 70% of Rural populations below the poverty line depends only on Primary Health Centres and Rural Allopathic Doctors for Health care. It is unfortunate that unqualified quacks – with some political and local influence have attracted the rural population with substandard treatment and. It is very difficult to do ethical practice competing with Quacks.

We are requesting the Government of Karnataka to eradicate quackery. But so for no mass action was taken against the quacks. It is mandatory to take mass action to eradicate quackery from Karnataka and to save the innocent people who are loosing their health and life’s due to quacks in the society.
The Government has specifically told earlier that the Government is considering bringing specific legislation to curb the quacks in medical profession. The police officers have to be directed to organize periodical raids along with Health Department Official. But no effective action is taken so far either for periodical raids or for to bring any specific legislation to curb quackery.
We submit that the punishment for practicing Quackery as per Medical Council Act 15(2) b and 15 (3) are only 1 year imprisonment and Rs.1000/- punishment, which is the lowest punishment. After one year punishment – the Quack will restart practice in some other areas. Hence in the proposed Anti Quackery Bill (similar to That functioning in Delhi and Tamil Nadu) – Quacks should be booked only in non-bailable section and minimum punishment should be not less than 10 years. If the same Quack started Allopathic practice again after punishment he should be give life time imprisonment.

By playing with the life of poor patients is more serious than causing physical injuries. At present Quacks can be punished under the following sections:
IPC 419           Attempt of Cheating
IPC 420           Cheating
IPC 338           Inject Drugs causing damage to the body
IPC 471           Keeping fake Documents.

They must be booked Under IPC 307 (attempt to Murder). Hence we request the Government of Karnataka to come out with an ANTI-QUACKERY ACT. Even through the Medical Council Act, Indian Medical Degrees Act, Drugs and Cosmetics Act, various sections of IPC are there, we need a strong ANTI-QUACKERY LAW to be enforced in Karnataka so that effective action can be taken against the quacks.
Unless a separate act is passed like Anti Corruption wing, Civil Protection Act, etc., it will not be possible to eradicate Quackery.
We are also attaching a copy of Delhi Anti quackery bill for the plan of action.

Hence we request you Sir, as the custodian of Health of our state, to seriously consider out request and issue a Bill to Eradicate Quackery in Karnataka. This will safeguard innocent lives in Karnataka.

We are confident of yours speedy and justifiable action. We are willing to give our inputs for the Anti-Quackery Bill and/or Cell.

Thanking you,

Yours faithfully,

Voice of Women and Families in India, CRISP (Children’s Rights Initiative for Better Treatment), PBT (People for Better Treatment)                                                        

References:

Chronology of Actions against Quackery in Karnataka
1. An anti-quackery cell set up in 1983 by the health and family welfare department
2. In order to curb the practice of quackery, the Supreme Court had passed a judgement on October 8, 1998, to identify the quack doctors.
3. As per the order, Director of Health and Family Welfare department had issued a circular No. MDL, 14: 2000-01 dated November 4, 2000.
4. HC order on March 7, 2001 directing the DGP to take action against unregistered medical practitioners.
5. Government circular dated November 28, 2001 to the district administration to take action against doctors practising any recognised system of medicine other than the one in which they are registered, is not being implemented.
6. HC order on March 1, 2002 that on any complaint filed against unqualified or fake practitioners, the government is competent to take action.
7. On August 17, 2002, Health and Family Welfare Minister Kagodu Thimmappa announced an ordinance would be promulgated to check the menace of quacks.
8. Karnataka government passed a notification No. HFW215/PIM-2007 dated December 13, 2007 to control the quack doctors to register Ayurveda Board, District Ayush officers and District Family welfare officers.

Awareness drive in Bangalore against quacks by PBT, VOW and CRISP India

Awareness drive in Bangalore against quacks
http://expressbuzz.com/cities/bangalore/Awareness-drive-in-Bangalore-against-quacks/343297.html
14 Dec 2011
BANGALORE: In an effort to create awareness among the people on quacks, a drive against quacks will be conducted by Voice of Women and Families in India (VOW India), Children Right Initiative for Sharing Parents (CRISP) and People for Better Treatment (PBT).

Announcing this on Tuesday, Kumar Jagirdhar, president of CRISP said, “Anybody who impersonates as a doctor is a quack. It even includes a chemist who gives drugs without prescriptions. The issue of increase in the number of quacks in the country has led us to take up this initiative of creating awareness about the quacks.”

The associations said that there were more than 2.5 lakh quacks in India. They will be visiting many districts and taluks as a part of their awareness drive to look out for quacks.

“The number of quacks have increased to such a level that, out of one thousand patients nearly 800 end up getting treated from quacks. This has led to the violation of people’s rights to be treated by a qualified practitioner,” said Dr Savio Pereira.

The associations also urged the state government to set up a separate tribunal under the Karnataka Medical Council to curb quackery. They also wanted the government to strictly abide by the existing acts on quackery, and to impose the same punishment given to a murderer, to the quacks.

Tuesday, 13 December 2011

Press Release on “Drive against Quackery and Quacks (Fake Doctors) in Karnataka”

 CRISP (Children's Right Initiative for Shared Parenting), People For Better Treatment (PBT)                                      
 and

Voice of Women and Families in India (VOW)

Press Release on “Drive against Quackery and Quacks (Fake Doctors) in Karnataka”

Voice of Women and Families in India (VOW India), CRISP and PBT (People for Better Treatment) have conducting this press conference on Tuesday 13th December 2011 at Press club, Cubbon Park, Bangalore from 3.30 to 4:00 PM

We have made a presentation highlighting the following issues, in the interests of patients who have been victimized due to the Fake Doctors who are practicing Scientific Medicine without having the Licence to Practice Medicine. We invite the IMA (Indian Medical Association) and other organizations to join us in this fight against Quackery.
The issues addressed are:
  • Serious issues in How Quacks show that they have Licence to Practice Modern Scientific Medicine. Harsh Punishment for Quacks who are involved in Misrepresentation and Murder.Liability of Quacks should be under KMC/MCI till a separate Tribunal is created to handle the Crimes by these Quacks
  • The Social impact of Fake RMP Certificates, and unscrupulous methods by Quacks to obtain RMP certificates including Forgery, Adultery and Blackmail
  • Specific complaint against Sunil Redson and Shantharaj Redson from Yadgir, who are QUACKS and are Suspects in the Murder of late Dr J A Mathan (to create a Fraudulent Certificate of Efficiency allegedly given by Dr J A Mathan)
  • Petition to the Chief Minister, Chief Secretary, Principal Health Secretary and other Law-enforcers to conduct the appropriate Investigations into General and Specific Complaints against Quacks.
  • Exposure of Quacks practicing in India using Website URL:
Press Conference "Drive against Quackery"

We need your support to create awareness about the importance of Having Legally competent Doctors to treat Patients.

Roshni Mathan Pereira                                      Pankaj Rai (People for Better Treatment)
Kumar Jahgirdar (President CRISP)                   Dr Savio Pereira (Eminent Doctor)                                                                             


Chronology of Actions against Quackery in Karnataka
1. An anti-quackery cell set up in 1983 by the health and family welfare department
2. In order to curb the practice of quackery, the Supreme Court had passed a judgement on October 8, 1998, to identify the quack doctors
3. As per the order, Director of Health and Family Welfare department had issued a circular No. MDL, 14: 2000-01 dated November 4, 2000. 
4. HC order on March 7, 2001 directing the DGP to take action against unregistered medical practitioners.
5. Government circular dated November 28, 2001 to the district administration to take action against doctors practising any recognised system of medicine other than the one in which they are registered, is not being implemented.
6. HC order on March 1, 2002 that on any complaint filed against unqualified or fake practitioners, the government is competent to take action.
7. On August 17, 2002, Health and Family Welfare Minister Kagodu Thimmappa announced an ordinance would be promulgated to check the menace of quacks.  

8. Karnataka government passed a notification No. HFW215/PIM-2007 dated December 13, 2007 to control the quack doctors to register Ayurveda Board, District Ayush officers and District Family welfare officers.

Coverage:

Television coverage: Doordarshan Kannada and Suvarna TV on 13 December 2011

Media Coverage:
Prajavani 15 December 2011
Indian Express 14 December 2011
Eenadu 14 December 2011

Tuesday, 6 December 2011

Converted Christian "J C Adimoolam" weds Christian "Jeevarathanam" on 12 July 1936 under Christian Marriage Rites and Baptises 4 Children

Converted Christian "J C Adimoolam" weds Christian "Jeevarathanam" on 12 July 1936 under Christian Marriage Rites and Baptises at least 4 of the Eldest Children.

This Christian Marriage happened in Our Saviour Lutheran Church, Oorgaum, KGF, Kolar Gold Fields.

However, J C Adimoolam also converted to Buddhism under Dr B R Ambedkar in 1953 and became the Leader of Adi Dravidas in Karnataka.

He gave multiple "Adi Dravida" Scheduled Caste Certificates to all and sundry including to self and Children.

37 years on, boy Arun Dohle adopted by Germans meets mother: Does not want to know whether Sharad Pawar is Father!

37 years on, boy adopted by Germans meets mother
November 18, 2010
http://www.ndtv.com/article/cities/37-years-on-boy-adopted-by-germans-meets-mother-67099
Mumbai:  After 17 years of litigation, Arun Dohle, an India born-German national, was reunited with his biological mother in Pune on Wednesday.

Dohle, now 37, was adopted by a German couple when he was two months old. He was curious about his roots since he was 14 and suspected he was given away without his mother's consent.

Dohle's mother had surrendered him to Kusumbai Motichand Mahila Seva Gram as he was conceived before marriage. The Supreme Court in August allowed him access to records maintained by the organisation. This led to people, places and, finally, his mother.
When Arun Dohle, India-born German national, started on his mission to find his biological mother, it seemed an impossible task. But after 17 years of litigation and connecting several dots, thirty-seven-year-old Dohle was reunited with his mother in Pune on Wednesday.

"I don't know what to say," Dohle said, struggling to express his feelings. "I am very happy but I could not talk to her too much as I don't speak Marathi." Sitting face-to-face in a restaurant with his mother was emotional but a rather composed rendezvous.

Dohle was two months old when an unsuspecting German couple Michael and Gertrude Dohle adopted him in 1973. Dohle contested in court that he was given in adoption without his mother's consent. He alleged that his adoptive parents were friends of NCP leader Sharad Pawar's brother Pratap, who facilitated his adoption. Curious about his roots since the age of 14, he returned to India first at the age of 20.

After Wednesday's meeting, his apprehensions appear to have been put to rest. But his joy of seeing his mother is mixed with an underlying anger. "Since 1993, all that Arun asked for was to know who his mother was," Anjali Pawar-Kate of Against Child Trafficking, who was instrumental in locating Dohle's mother in Pune, said. "He was made to run from pillar to post and denied the information time and again. He is obviously angry about that."

With the Supreme Court's permission in August to access records maintained by Kusumbai Motichand Mahila Seva Gram (KMMSG), Dohle got in touch with several people and finally to his mother, now in her sixties.

"Some common contacts and a lot of running around led me to Arun's mother's brother," Pawar-Kate said. "I had to take him in confidence and explain the situation. The KMMSG records had only her name and the address of 1973."

"We did not speak too much," Dohle said. "She was holding her tears back and trying to stay calm. I did not feel like asking her any questions. Dohle is scheduled to fly back to Germany on Wednesday night.

"His aunt (mother's sister-in-law) was more emotional," Pawar-Kate said. "She caressed Arun's face and told him that she always told his mother that he would return one day."

Dohle's mother had surrendered him to the KMMSG because he was born out of wedlock. Over the years, the past has faded and she and her husband gave Dohle a warm welcome.

"His mother retired four years ago from a government job," Pawar-Kate said. "Her husband runs a motor driving school. They told Arun that he live with them when he is in India."

Dohle, however, is upset with the indifferent attitude of the adoption agency. "It took just three months to trace my mother after knowing her name but their non-cooperation took away 17 years of my life," he said. On his next visit to India, Dohle wants to bring his seven-year-old twins to visit their grandmother.

>>
'I am not interested in my biological father'
http://articles.timesofindia.indiatimes.com/2010-08-18/mumbai/28303245_1_adoption-agency-inter-country-adoption-biological-parents
Aug 18, 2010
MUMBAI: A day after the Supreme Court allowed him to see the original adoption record which the Pune-based adoption agency was guarding fiercely, Arun Dohle was heading back home to Germany and to his own seven-year-old twin boys.

However, he made a quiet resolve to come back again "to find answers to the several questions that are still unanswered. It is not really my biological father that I am interested in,'' says the 37-year-old who was adopted as a month-old baby from Kusumbai Motichand Mahila Seva Gram (KMMSG) in Pune by the Belgium-based Michael and Gertrud Dohle, on recommendation by Pratap Pawar, brother of NCP chief Sharad Pawar.


His habeas corpus plea to have his biological mother produced in court was dismissed by the apex court. But 17 years of legal struggle after he first made the innocuous request to Mahila Seva Gram to be shown his adoption file, his wish was finally granted by the Supreme Court on Monday. He now knows that his mother was a 20-year-old Hindu Maratha, a Std X graduate who resided at the agency during her pregnancy after her "friend's brother'' refused to marry her.

The adoption file was slim, just a few handwritten pages, which the bench headed by Justice Markandey Katju handed over to Dohle's counsel and him in court to read without hurrying them up. According to the judges, it is not a national secret that will cause a `maha yudh', adding that "nothing is private here'' when the agency tried to prevent showing of the file citing "mother's privacy''.
Dohle is married and runs an NGO called Against Child Trafficking in Germany, which he says aims at "tackling a money-and-demand-driven market in adoption of children that should be labelled as child-trafficking.'' His battle may bring hope to many other children given up for inter-country adoption, who once they grow up, wish to find out the identity of their biological parents.

"The "child record'' that the adoption agency maintains may contain information about the biological parents if their identities are known,'' said advocate Jamshed Mistry, one of the counsels for Dohle in SC. He added that Monday's order will now ensure that adoption agencies will maintain authentic records as mandated by law in case of foreign adoption and by the landmark SC verdict of 1984, in the case of Laxmi Kant Pandey.

Dohle, hours before his flight out of Mumbai while speaking with TOI, recalled how he had first launched his quest to find his biological mother in 1993. "I first came to India in 1993 and asked Mahila Seva Gram to show me the file. They refused. The game being played is just cruel. Had they shown it then, so much time, trouble and trauma would have been saved on both sides,'' he said. "There are still details that need to be verified. The police did not investigate properly.'' Though he was born in Pune's Sassoon hospital, the police report said there is no record of the `relinquishment deed'. "The question is `why'?'' said the bespectacled Dohle who still wonders where and how his mother might be. His case was that the Pune agency asked his mother to leave and handed him to the German couple. The agency said as an "unwed mother'' she had relinquished her rights and abandoned him.

The case, took a controversial turn, when he said that former Maharashtra chief Minister Sharad Pawar's brother might be linked to his birth. The police report, however, categorically denied any links to the Pawar family. But as Dohle pointed out, Pratap Pawar in October 1973, while recommending the Dohles as adoptive parents had written: I am a member of Association of Friends of Germany and Mr & Mrs Dohle are friends...They stayed with us and selected Arun Swanand as their adopted son.''

Sunday, 4 December 2011

Critical Analysis of the Law of Adultery in India: A Gender Biased Law.

Critical Analysis of the Law of Adultery in India: A Gender Biased Law.
http://www.incubation360.com/knowledge-blogs/essays/315-critical-analysis-of-the-law-of-adultery-in-india
The law of adultery as it stands in India punishes only man, and assumes that in all cases ‘man is the seducer’ and the women, who is an equal participant is viewed as a victim. There have been numerous debates about the discriminatory stance of the provision, The insistence of the National commission for women and the report of the Madhav Menon committee & the 42nd Report of the Law Commission of India, have breathed a new lease of life in the dying controversy. The law relating to adultery as existing in the Indian penal code under section 497 has been criticized ever since it’s commencement. Its validity both on the constitutional grounds as well as philosophical grounds has been challenged time and again. But the law still stands as it is.

Law of Adultery as it stands in India.

In India the law of adultery is punishable under section 497 of the IPC, but originally the framers of the code did not make adultery an offence punishable under the Code, it was the Second law commission which after giving mature consideration to the subject, came to the conclusion that it was not advisable to exclude this offence from the Code.

Adultery figures in the penal law of many nations and some of the most celebrated English Lawyers have considered its omission from the English Law as a defect.
Section 497 provides : “Whoever has sexual intercourse with a person who is and whom he known or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years or with fine, or with both. In such a case the wife shall not be punishable as an abettor.

The law commissioners have limited the cognizance of this offence to adultery committed with a married woman, and the male offender alone has been made liable to punishment.

The Flaw

Prima facie unequal treatment is meted out by the law to men & women, there’s an inherent flaw, It makes the offence punishable for men but not the wife, to punish the man severely and to let the women who was an equal part to go scot free is unreasonable on the face of it, it is discriminatory that for the same act the man becomes the manifestation of evil but the woman still is considered to retain her virtues and is treated as a victim.

It is unexplainable that for the same wrongful act the man is presumed by the law to have a mens rea while no such presumption is attributed in reference to the woman.
The consent or the willingness of the woman is no impediment to the application of this section, and, as generally happens, she is quite aware of the purpose for which she is quitting her husband and is an assenting party to it.

Considering the present day situation and the vast transformation which the society has undergone, Blindly assuming that ‘man is the seducer and not the women’ would be a dangerous proposition, the boot is on the other leg these days, in a variety of cases. The law makes an irrational classification between man and woman, in restricting the class of offenders to men, where women or wife is an equal partner, it violates constitutional provisions enshrined in Articles 14,15 & 21.

The Justification taken by the Framers of the Code, and the retentionists lobby for this aberration is that owing to the atypical social conditions, it would not be just & proper to punish women equally, as they were a subjugated and exploited lot, and I am constrained to say that it was to a certain extent applicable in that era, now bygone.

The IPC, when in took form in 1860, was silent on the punishment for adultery with Lord Macaulay observing, “There are some peculiarities in the state of society in this country which may well lead a humane man to pause before he determines to punish the infidelity of wives.”

The Rationale & the circumstances he referred to included child marriage and polygamy. Macaulay, hence, advised that it would be enough to treat it as a civil injury.

The framers of the code believed that if the women did the deplorable act it was pressured by their social and private conditions in life. Hence they were actually not at fault and taking into account their already depleted station in life they should not have been held liable at least in the eyes of the law.

Supreme Court on the Law of Adultery: In 1951, one Yusuf Abdul Aziz challenged the constitutional validity of the provision. However, Bombay high court chief justice M C Chagla had upheld the provision saying the Constitution permitted such special legislation for women, it was held in this case that this section does not contravene any of the fundamental rights laid down in the Constitution of India, and therefore it is not bad or void under Articles 13.

The Supreme Court observed that adultery is a wrong against the sanctity of the matrimonial home. Thus charges are pressed against the outsider who breaks the said sanctity. The woman, in cases of adultery, is considered the victim of a seducer. It appears that the court believes that the man has an unstoppable seductive charm and the woman is helpless against it. The evil that is punished by the law, in the mind of the court, is that of seduction of a woman by another man. According to the court the woman is considered to be the victim. Thus the court held that the law was non discriminatory and not violating the right to equality , thus the court upheld the constitutional validity of the section 497. The court also opined that by not allowing the spouses to prosecute each other the law offers a chance to the spouse to make-up, it was further held that “Section 497 is not violative of Articles 14, 15 & 21 of the Constitution.

It is humbly submitted that the court erred in its judgment,

We must keep in mind that these reasons and defenses were given decades ago. The most important reason for debate to get re-ignited is the drastic change in the social status of women. Gone are the days when Women were a suppressed or subjugated lot, The practices of sati, child marriage, polygamy, etc, have been done away with.

Today there are laws against these evils and also laws providing effective relief against heinous acts such as domestic violence, dowry and others. Almost all professional colleges has a quota for women. Thus women today are in no way inferior to men or suppressed, and are at par with the opposite sex. The effective implementation of these laws and other women friendly provisions in the constitution insures that women, today, have an edge in the society. All this has resulted in them gaining the power of choice. They can no longer be classified as victims in cases of adultery.

Solution: It is pertinent to note here that The 42nd Law Commission Report has suggested to substitute section 497 of the IPC, the substituting provision is “S. 497. Adultery – Whoever has sexual intercourse with a person who is, and whom he or she knows, or has reason to believe, to be the wife or husband, as the case may be, of another person, without the consent or connivance of that other person, such sexual intercourse by the man not amounting to the offence of rape commits adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both”

The Malimath Committee on Criminal Justice Reforms has re-iterated more or less the same argument, that men and women being equally partners in the deplorable act, should be made to stand at the same footing, and equal treatment should be meted out to them both.

Conclusion: In light of the above critical analysis, it is very much apparent & beyond doubt, that the prevailing law is not in consonance with the changed times, the law is neither socially apt nor does it stand to the principles of equality, from absolute conservatism to absolute liberty, the social fabric of our country has undergone a drastic change. It is high time that Recommendations made by the Justice Malimath Committee and the 42nd Report of the Law Commission be taken into consideration religiously, and necessary amendments be made to Sec. 497 IPC, so as to do away with the irregularities, and in the interest of doctrine of equality.

Saturday, 3 December 2011

BLOOD-AVENGER and The Angel of Death: The role of the next of kin of a Murdered Person : Bible Quotes

BLOOD-AVENGER
http://www.jewishvirtuallibrary.org/jsource/judaica/ejud_0002_0003_0_03144.html

A person who is authorized by law, or who is duty-bound, to kill a murderer is called go'el ha-dam – usually translated as an avenger of blood, but more accurately to be rendered as a redeemer of blood (cf. Lev. 25:25; Ruth 3:12; I Kings 16:11).
By putting the murderer to death (Num. 35:19, 21), the avenger expiates the blood shed on the polluted land (Num. 35:33). Originally private revenge was legitimate in Israel, as in other ancient civilizations, not only for homicide but also for mayhem (cf. Gen. 4:23–24) and rape (Gen. 34:25–26); and the restrictions on the avenger's rights and their legal regulation marked the beginnings of a system of criminal law (see B. Cohen in bibl.). It was stipulated that only murder with malice aforethought (Num. 35:20–21; Deut. 19:11–13) or committed with a murderous instrument (Num. 35:16–18; for further examples, see Maim., Yad, Roze'ah u-Shemirat Nefesh 6:6–9) gave rise to the avenger's right (see Mak. 12a, Sanh. 45b); the unintentional manslayer was entitled to refuge from the avenger (Num. 35:12, 15; Deut. 19:4–6) and was liable to be killed by him only when he prematurely left the city of refuge (Num. 35:26–28). It may be considered a concession to human nature that avenging was not wholly prohibited, but only restricted and regulated: the natural "hot anger" (Deut. 19:6) of the victim's next of kin is left at least some legal outlet.

The avenger's rights were further restricted by being made subject to and dependent on the prior judicial conviction of the murderer – whether the murder was premeditated or not was a question not for the avenger but for the court to decide (Maim. loc. cit. 1:5, following Num. 35:12; "the manslayer may not die unless he has stood trial before the assembly"; but cf. Yad, loc. cit. 5:7–10). Opinions of later jurists were divided as to what the avenger's real function was; some held that he initiated the proceedings, searching for the murderer and bringing him to court for trial (Ramban; Nov.; Sanh. 45b; Beit ha-Beḥirah ad loc.); some thought he should appear before the court and participate in the proceedings as a prosecutor (Nissim Gerondi, basing himself on the Targum pseudo-Jonathan who renders go'el ha-dam as "claimant of blood"); others relegated the avenger to the role of an executioner, it being his right and privilege to execute the death penalty pronounced by the court (Yad, loc. cit. 1:2; Ritba, Nov., Mak. 10b). That the avenger had a locus standi in court appears probable from the scriptural injunction that the court "shall decide between the slayer and the blood-avenger" (Num. 35:24). While the slayer would protest his innocence or, alternatively, his lack of malice, the avenger would plead premeditation (cf. Malbim ad loc.); by finding a lack of malice, the court is said to "protect the manslayer from the blood-avenger" (Num. 35:25). When an alleged murderer stood trial but was not convicted (either because of lack of sufficient evidence or because the verdict had not yet been given) and the avenger killed him, most jurists held that while the killing was unlawful, the avenger was not guilty of murder (Beit ha-Beḥirah, Sanh. 45b) – the proffered reason being that the avenger had a better right to kill than even the unintentional manslayer (Yad, loc. cit. 6:5), or that Scripture itself recognized the avenger's "hot anger" (Deut. 19:6) as negating premeditation (Redak to II Sam. 14:7). However, if the avenger killed the murderer within the walls of the city of refuge, it was murder pure and simple (Tosef., Mak. 3:6).

Any next of kin entitled to inherit the deceased's estate qualified as an avenger (Yad, loc. cit. 1:2). Some later authorities even include maternal relatives although they are not in line for inheritance (Or Same'ah to Yad, loc. cit., against Maimonides). Women also qualify as avengers (Yad, loc. cit. 1:3). There are biblical instances of a father (II Sam. 13:31–38), a son (II Kings 14:5–6), brothers (Judg. 8:4–21; II Sam. 2:22–23), and also the king (I Kings 2:29–34) as avengers. It was later stipulated that when no next of kin was available or came forward, an avenger was to be appointed by the court (Sanh. 45b).

There is little doubt that legally the rights (and duties) of the blood-avenger became obsolete (Ḥavvat Ya'ir 146), though the killing by the avenger of a murderer is even today legally regarded by some scholars as no more than unintentional manslaughter (e.g. Keẓot ha-Ḥoshen ḤM 2). Apart from the law, the right and duty of avenging the blood of one's nearest relatives are still deeply imprinted on the mind and religious conviction of most Oriental (including many Jewish) communities; notwithstanding repeated efforts from various quarters, blood vengeance is not, however, recognized in Israeli law even in mitigating circumstances.

BIBLIOGRAPHY:

M. Duschak, Mosaisch-Talmudisches Strafrecht (1869), 19f.; S. Mayer, Rechte der Israeliten, Athener, und Roemer, 3 (1876), 36–47; E. Goitein, Vergeltungsprincip im biblischen und talmudischen Strafrecht (1891); G. Foerster, Das mosaische Strafrecht… (1900), 9ff.; J. Weismann, Talion und oeffentliche Strafe im mosaischen Rechte (1913); E. Merz, Blutrache bei den Israeliten (1916); ET, 5 (1953), 220–33; J.M. Ginzburg, Mishpatim le-Yisra'el (1956), 356–74; EM, 2 (1965), 392–4; B. Cohen, Jewish and Roman Law, 2 (1966), 624–7; addenda 793f.; I. Warhaftig, Goel ha-Dam, Tehumim, 11 (1990), 326-360.

Pre-meditated Bloodshed (MURDER) and Blood-Guilt of the Murderer: Bible Concordance

BLOODGUILT
http://www.jewishvirtuallibrary.org/jsource/judaica/ejud_0002_0003_0_03145.html


“And for your lifeblood I will surely demand an accounting. I will demand an accounting from every animal. And from each human being, too, I will demand an accounting for the life of another human being.


 “Whoever sheds human blood,
  by human beings shall their blood be shed;
 for in the image of God
  has God made humankind.” (Gen 9:5-6)

BLOODGUILT, liability for punishment for shedding blood. The biblical concept of bloodguilt derives from the belief that deeds generate consequences and that sin, in particular, is a danger to the sinner.

The most vivid examples of this belief appear in connection with unlawful homicide, where innocent blood (dam naki (naqi); Jonah 1:14) cries out for vengeance (Gen. 4:10), is rejected by the earth (Isa. 26:21; Ezek. 24:7), and pollutes it (Num. 35:33–34).
Bloodguilt attaches to the slayer and his family (II Sam. 3:28ff.) for generations (II Kings 9:26), and even to his city (Jer. 26:5), nation (Deut. 21:8), and land (Deut. 24:4). The technical term for bearing bloodguilt damo bo, or damo bero'sho, meant originally "his blood [remains] in him/in his head" (Josh. 2:19; Ezek. 33:5), and the legal formula mot yumat damav bo (Lev. 20:9–16) means that in the case of lawful execution, the blood of the guilty victim remains on his own person and does not attach itself to his executioners.

The concept of bloodguilt in the Bible pervades all sources, legal, narrative, and cultic, and entails the following system of graded punishments for homicide.

Deliberate Homicide

The penalty is death by man (Gen. 9:6), or failing that, by God (Gen. 9:5; cf. Lev. 20:4–5). A man can be either the direct cause (Num. 35:16–21) or the indirect cause, e.g., a watchman (II Kings 10:24; Ezek. 33:6), priests (Num. 18:1, 3), homeowner (Deut. 22:8), or subordinate (I Kings 2:31–35). The punishment of the murderer is primarily the responsibility of the *blood-avenger (after court conviction, Num. 35:19; Deut. 19:12), but God is the final guarantor that homicide is ultimately punished.

His personal intervention is expressed by the verbs פקד (pakad (paqad), "attend to," Hos. 1:4); נקם (nakam (naqam), "avenge," II Kings 9:7); דרש (darash, "exact punishment," Ezek. 33:6); and שוב (השיב, heshiv, "return") in the idiom heshiv damim ʿal roʾsh (II Sam. 16:18; I Kings 2:33), which indicates that God will turn back to the head of the slayer the blood of the slain, the punishment the murderer believed he had averted. In the Bible, it should be noted, these idioms have become technical terms: the original phrase remains, but without the crudity of its more primitive implications in other ancient sources. God may postpone punishment to a later generation (II Sam. 12: 13–14; I Kings 21:21). Man, however, does not have this option (Deut. 24:16; II Kings 14:6) unless divinely authorized (II Kings 9:7, 26).

There is no commutation of the death penalty. The notion that deliberate homicide cannot be commuted is the foundation stone of criminal law in the Bible: human life is invaluable, hence incommutable.

Accidental Homicide

Since accidental homicide also results in bloodguilt, the killer may be slain by the goʾel with impunity (Num. 35:26–27; Deut. 19:4–10). However, as his act was unintentional, the natural death of the high priest is allowed to substitute for his own death (Num. 35:25, 28). In the interim, he is confined to a *city of refuge to protect him from the blood-avenger (Num. 35:9ff; Deut. 4:41–43; 19:1–13; Josh. 20:1ff.) In cases where the slayer is unknown, the community nearest the corpus delicti must disavow complicity and, by means of a ritual, symbolically wash away the blood of the slain (Deut. 21:1–9; see *Eglah Arufah).

Homicidal Beast

The penalty is death by stoning and the shunning of the carcass. The supreme value of human life in the Bible is best expressed in the law that a homicidal beast is also guilty and that not only must it be killed but its carcass, laden with bloodguilt, must be reviled (Ex. 21:28–29; cf. Gen. 9:5).

Unauthorized Slaughter of an Animal

The reverence for life that informs all biblical legislation reached its summit in the priestly law which sanctions the use of an animal for food on the condition that its blood, containing its life, be drained upon the authorized altar (and thereby be symbolically restored to God; Lev. 17:11). All other slaughter is unlawful bloodshed, punishable by death at the hand of God (Lev. 17:4).

Exceptions

No bloodguilt is incurred by homicide in self-defense (Ex. 22:1), judicial execution (Lev. 20:9–16), and war (I Kings 2:5–6). The priestly legislation may indicate some qualification of the view that war is justifiable homicide. For example, David was disqualified from building the Temple (I Chron. 22:8).

BIBLIOGRAPHY:

M. Greenberg, in: Sefer Yovel Y. Kaufmann (1960), 5–28; idem, in: IDB, 1 (1962), S.V.; K. Koch, in: VT, 12 (1962), 396–416; J. Milgrom, Studies in Levitical Terminology, 1 (1970), 22–33, 56–69.
-------------------------------
Bloodguilt

Exodus 22:3 If the sun be risen upon him, there shall be bloodguiltiness for him--he shall make restitution; if he have nothing, then he shall be sold for his theft.

Exodus 22:4 If the stolen property is found in his hand alive, whether it is ox, donkey, or sheep, he shall pay double.

Leviticus 17:4 and hath not brought it unto the door of the tent of meeting, to present it as an offering unto the LORD before the tabernacle of the LORD, blood shall be imputed unto that man; he hath shed blood; and that man shall be cut off from among his people. 

Deuteronomy 22:8 When thou buildest a new house, then thou shalt make a parapet for thy roof, that thou bring not blood upon thy house, if any man fall from thence.

1 Samuel 25:26 Now therefore, my lord, as the LORD liveth, and as thy soul liveth, seeing the LORD hath withholden thee from bloodguiltiness, and from finding redress for thyself with thine own hand, now therefore let thine enemies, and them that seek evil to my lord, be as Nabal.

1 Samuel 25:33 and blessed be thy discretion, and blessed be thou, that hast kept me this day from bloodguiltiness, and from finding redress for myself with mine own hand.

2 Samuel 21:1 And there was a famine in the days of David three years, year after year; and David sought the face of the LORD. And the LORD said: 'It is for Saul, and for his bloody house, because he put to death the Gibeonites.'

Psalms 51:14 Deliver me from bloodguiltiness, O God, the God of my salvation. My tongue shall sing aloud of your righteousness.

Hosea 12:14 Ephraim hath provoked most bitterly, And his blood on himself he leaveth, And his reproach turn back to him doth his Lord!
----
Save me from bloodguilt, O God,


God of my salvation;


My tongue will exult in your righteousness!”

(Psalm 51:16)
We must understand the concept of “bloodguilt” in the Old Testament.  To begin with, blood represented life—it was seen as the life of a man and as the life of a beast (Genesis 9:4); hence the restriction against eating any flesh that still has the blood in it (Deuteronomy 12:23, Acts 15:20).  You can commit many crimes against another person, but the shedding of his blood is the most destructive, for it is one he may never recover from.

Hence the idea of “bloodguilt.”  If you are guilty of shedding the blood of another, you are guilty of his blood.  To take this idea one step further, in ancient Jewish practice, there was a member of the family who was seen as the “avenger of blood” (Numbers 35:19).  Were one of his relatives murdered, it was his role to put the murderer to death.  Note that this is not meant as a means of revenge, but as a means of exacting justice.  The blood avenger had rules and restrictions that he had to abide by, and this was simply one means by which capital punishment was carried forth in ancient Israel.  At the same time, God established places in Israel called “Cities of Refuge” where the guilty could flee if the murder committed was not premeditated (Numbers 35:11).  If you made it to the city of refuge before the avenger of blood could kill you, you were given sanctuary.  In turn, you were required to stay in the city of refuge until the death of the high priest; when the high priest died, you would be free to return without fear of retribution.

And in this ancient practice, we have a wonderful picture of Christ.  Beloved, our sin makes us guilty of blood—not just the blood of bulls and goats through the generation, but of the blood of one another, and most importantly, of the blood of Christ.  It was Christ, whose sacrifice was planned and set since before the beginning of creation (1 Peter 1:20), who shed his own blood as atonement for our sins.  The penalty for sin is death (Genesis 2:17)—thus sin cannot be forgiven without the shedding of blood (Hebrews 9:22).  Our own blood, being tainted by sin, both inherited and actual, is tainted and ineffectual in atoning even for our own sins, let alone for the sins of another, and thus, the necessity for another to provide a sacrifice for us.

Yet, the picture does not end there in terms of the idea of bloodguilt, for it is in Christ that we have our city of refuge—it is in Christ and in Christ alone that we who bear the bloodguilt of sin can flee for refuge.  And what is even more glorious is that is that Christ, the great High Priest, went to his death so that we might be forgiven, no longer convicted criminals hiding for their lives, but forgiven men and women forgiven and adopted as sons and daughters.  Oh, beloved, what a picture of Christ we have in the Old Testament laws of bloodguilt, and here, King David is crying out to God in faith that he would be delivered from the bloodguilt that his sin has brought him—forgiveness that only comes from God through Christ.  This is something that David understood well and looked forward in hopes for the day of seeing the Messiah come.

And as a result of the salvation that is given by God, David rejoices and exults in the righteousness of God.  The verb that David uses to describe his praise is !n:r” (ranan), which means, “to sing,” yet the verb is in the Piel construct, which, in Hebrew, intensifies the verb and gives it a sense of ongoing repetition.  Hence, the idea that David is conveying is of an exuberant, ongoing praise of God, rejoicing in song over and over again in praise.  Oh, were this to describe the praise that we give to God in the salvation that he offers us!

Christ has provided both a city of refuge and a sacrifice for our sins.


O worship the King all glorious above,


O gratefully sing his power and his love;


Our shield and Defender, the Ancient of Days,


Pavilioned in splendor and girded with praise.

Friday, 2 December 2011

Adultery law biased against men, says Supreme Court

Adultery law biased against men, says Supreme Court
Dec 3, 2011
http://timesofindia.indiatimes.com/india/Adultery-law-biased-against-men-says-Supreme-Court/articleshow/10964790.cms
NEW DELHI: Taking up a matrimonial dispute, the Supreme Court on Thursday concurred with criticism of Section 497 of the Indian Penal Code which punishes a man alone for adultery for having consensual sex with a married woman.

The criticism of the bench of Justices Aftab Alam and R M Lodha was on two grounds - that the provision reduces a married woman to a property of the husband, and that punishment is meted out to the man though the woman with whom he had consensual sex was an equal partner in the alleged crime.

'Women immune to adultery charges'

Section 497 of IPC says, "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor."

The bench said, "The provision (Section 497) is currently under criticizm from certain quarters for showing a strong gender bias for it makes the position of a married woman almost as a property of her husband. But in terms of the law as it stands, it is evident from a plain reading of the section that only a man can be proceeded against and punished for the offence of adultery."

"Indeed, the section provides expressly that the wife cannot be punished even as an abettor. Thus, the mere fact that the appellant is a woman makes her completely immune to the charges of adultery and she cannot be proceeded against for that offence," the bench said.

Thursday, 1 December 2011

'German Fritzl' hides his face as he appears in court for 'raping his daughter 500 times and fathering her three children'

'German Fritzl' hides his face as he appears in court for 'raping his daughter 500 times and fathering her three children'
28th November 2011
http://www.dailymail.co.uk/news/article-2067239/German-Fritzl-raped-daughter-500-times-fathered-children-her.html
A man has gone on trial in Germany charged with raping his daughter over 500 times and fathering three children with her.
A court today heard how the defendant - known only as Adolf B - subjected his family to a reign of terror lasting over 30 years.
The 69-year-old is accused of brutalising his wife and children, stunning them into a long-term conspiracy of silence.
Media circus: A 69-year-old man - known only as Adolf B - is taken into a Nuremberg court in a wheelchair today where he faces charges of raping his daughter hundreds of times


He has been described in the German media as the 'Josef Fritzl of Germany'.
Like Fritzl, who caged his daughter up beneath his Austrian home in a DIY dungeon, Adolf B admitted incest. But he claimed it was always 'consensual sex'.

His daughter, now 46, told police and social workers that her father started raping her when she was about 12 years old, and continued for the next 34 years.
That is a decade longer than the ordeal endured by Elisabeth Fritzl in the cellar where she gave birth to seven children, six of whom survived.
Covering up: The defendant admits incest, but claims sleeping with his daughter was always 'consensual sex'
His daughter, now 46, told police that her father started raping her when she was about 12 years old, and continued for the next 34 years

The German woman lived in the family home along with her mother and siblings in Willmersbach, a village near Nuremberg.
She spoke of constant beatings, with all members of the family subjected to a routing of aggression and fear.
A prosecutor told the the Nuremberg-Fürth regional court: 'She had three sons by her father, one of whom died as a baby, another of whom died recently, while the third survived.'
Authorities only uncovered the case after the woman was convicted of blackmailing the wife of a doctor she blamed for the disability of one of her sons.
She was assigned a parole officer who won her trust and eventually heard her story.
Adolf B has been compared to Josef Fritzl (pictured), who caged his daughter up beneath his Austrian home in a DIY dungeon
No escape: Fritzl was similarly coy when he was taken into court in St Poelten, Austria, for the first day of his trial in March 2009

The accused, who has a foot injury, hid his face from cameras he was taken into court in a wheelchair this morning.
His lawyer said Adolf B could not believe that his daughter was accusing him of rape as 'he always saw the sex between them as consensual'.
The state prosecutor is only charging him with rapes from the last 20 years, since the statute of limitations has expired for earlier offences.
Even if he is acquitted of the rape charges, incest is a criminal offence in Germany punishable by a prison sentence or a fine.
The trial is expected to last six days and call 24 witnesses and three experts, with the daughter of the accused appearing as the plaintiff and chief witness against him.