(Somnath Bharti) on Domestic Violence

Use Of Forensic Science Principles To Solve The Case Study Of Former Delhi Law Minister (Somnath Bharti) On Domestic Violence

Dr. Prithvi Raj Institute of Forensic Science, Gandhinagar

Abstract: Marriage and bounding between two opposite sex species is the constructive relationship which give us a hope to their new generation’s progress and universal survival. Most of the time it works in a smooth manner but some time both parties with the involvement of other society member create division between them and a good relation broke. To solve this case study researcher will apply the Locard Principles of Forensic Science. Kay Words:-Marriage, Forensic Principles

Introduction: Details related law and provision of domestic violence

In India

 The Protection Of Women From Domestic Violence Act 2005 Differs From The Provision Of The Penal Code - Section 498A Of The Indian Penal Code - In That It Provides A Broader Definition Of Domestic Violence.

 Domestic Violence Is Defined By Section 3 Of The Act As “Any Act, Omission Or Commission Or Conduct Of The Respondent Shall Constitute Domestic Violence In Case It:

 Harms Or Injures Or Endangers The Health, Safety, Life, Limb Or Well-being, Whether Mental Or Physical, Of The Aggrieved Person Or Tends To Do So And Includes Causing Physical Abuse, Sexual Abuse, Verbal And Emotional Abuse And Economic Abuse; Or

 Harasses, Harms, Injures Or Endangers The Aggrieved Person With A View To Coerce Her Or Any Other Person Related To Her To Meet Any Unlawful Demand For Any Dowry Or Other Property Or Valuable Security; Or

 Has The Effect Of Threatening The Aggrieved Person Or Any Person Related To Her By Any Conduct Mentioned In Clause (A) Or Clause (B); Or  Otherwise Injures Or Causes Harm, Whether Physical Or Mental, To The Aggrieved Person.”  The Act Goes On, Through the Section Explanation 1, To Define "Physical Abuse", "sexual Abuse", "Verbal and Emotional Abuse" And "Economic Abuse".

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Other Countries

 He 1994 Violence against Women Act (vawa), With Additions Passed In 1996, Outlined Grant Programs To Prevent Violence Against Women And Established A National Domestic Violence Hotline. In Addition, New Protections Were Given To Victims Of Domestic Abuse, Such As Confidentiality Of New Address And Changes To Immigration Laws That Allow A Battered Spouse To Apply For Permanent Residency.

 The Key Provisions Of Vawa Are:

 Full Funding Of Rape Kits And Legal/Court Fees Associated With A Protection Order

 Victim Protection Orders Are Recognized and Enforced In All State, Tribal, And Territorial Jurisdictions Within The U.S.

 Implementation And Funding Of Special Domestic Violence Crime Units In Local Communities

 Special Domestic Violence And Sexual Violence Training For Law Enforcement Officers

 Ability Of Tribal Courts To Try Non-Indian Spouses Or Intimate Partners Of Indian Women In Domestic Or Dating Violence Cases

Provision Allowing Undocumented Immigrants Who Are the Victims of Domestic Violence to Apply For a Green Card In Exchange For Helping Law Enforcement Officials Prosecute Their Abusers

Parties of the Case 1. Mr. Somnath Bharthi (Handsome Husband)2. Lipika Bharti (Beautiful Wife)

History of the case

Mr. Somnath Bharti Lipika Mitra

 He belongs to Bihar and presently  She is a working woman in New Delhi. lives in Delhi. He worked for poor and needy people as a lawyer and  Both met through a Matrimonial website join AAP ( MLA from Malviya in 2010 and they decided to marry Nagar, New Delhi) Allegations Made By Parties on each other after marriage

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Allegations Made By (Wife) Lipika Bharti Allegations Made By (Wife) Lipika On His Husband(somnath Bharti) Bharti On Manorama Rani Bharti (Mother in law)

• Lied Before Marriage(He owned an • She Is Not Supportive In Taking International Law Firm) Care Of Their Grand Children • Honeymoon promises were not fulfilled (desire • Physical And Mantel Torture place etc.)  Dowry Harassment • Physical and Mental Torture • Dowry Harassment • Forcing her wife to abort her unborn child • He set his Dog on me • Did not taking care of my and children • He is Economically Dependent on me(Wife) • He aggressive by nature and loses control over language • He manipulating the spouse details in affidavit (Election)

Allegations Made By Husband(somnath Bharti) on his (Wife) Lipika Bharti  She was putting pressure on me to leave his mother and politics  But I love my wife and children but cannot leave my mother and motherland  He is a Dearing person saying that I love to my wife in public even we can’t say private.

Five principals of Forensic Science applied to the case:-

First Principle of Individuality(Uniqueness) Lipika Bharti (Wife) • Age Is Around 39 Years • Working Women • Intelligent And Beautiful Looking Lady • She Does Not Do Any Work For Society • She is a Emossional Lady • And Little Bit Dromedary

Somnath Bharti (Husband) • Age Is About 44 Years And Looking Handsome Personality • Highly Educated ( M.Sc. IIT Delhi And LAW Delhi University)

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• MLA (Malviya Nagar, New Delhi) and Worked As A Lawyer • He Aggressive By Nature And Loses Control Over Language • He Fought Against Two Deaths In NCERT Caused By Forced Drinking Of Sewage Water • He Succeeded In The Murder Charges Off On Eight Innocent Youth In 2012 Riot Against Delhi Police • He Fight For Helpless, Poor And Illiterate Class People Through Pils

Principle Of Comparison: .According To Natural Law Theory- 1) - Most Of The Living Species (Mother) Are Taking Care Of Their Young Ones Up To The Certain Level Of Maturity 2.) -Majority Of Grandparents Loves to Their Grand Children. 3.) -Somnath Bharthi Is Around 40 Years old And Studies Say That At This Stage 90% Of Human Beings Are Mature and Less-violent . 4)-Majority of wives are financially dependent on their husband than why not a husband (We should change our perception). 5) -Doctor's physical report of his wife should be compared (Past/Present). 6)-Marriage and Exam are similar-In both cases results will not depend on our preparation (It may be Excellent, Very-Good, Good, Average, Below Average and Sometimes Bad) *Situations after marriage will always Change, so Both (Husband/Wife) should accept “Jasa Desh Vasa Behas”

Principle Of Exchange

Husband Wife  1. Need Of More Resources In  1. House Wife in Exchange of Working Exchange Of Less Resource. Women.  2. Less Time for Family in Exchange  2. New Husband’s Family In Exchange Of Political Work (MLA). Parental Family.  3. Reality in Exchange of Dream Life.  3. Financially Dependent on Husband  4. Collective Decisions in Exchange of In Exchange of Independent working Independent Decisions. woman.  4.More Responsible (Children, Mother in Law and Dog) In Exchange of Lesser Liability.  5.Fund Devaluation in Exchange of Saving (Income).  6. Reality in Exchange of Dream Life.

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Principle Of Probability

 Probability Of Allegation (Favorable To Wife) 1. Mental And Physical Torture (Yes/No) =[1/2]=50% 2. Dowry Harassment(Yes/No)=[1/2]=50% 3. Husband Was Financially Dependent(Yes/No)=[1/2]=50% 4. Husband is Aggressive by Nature(Yes/No)=[1/2]=50% 5. Honeymoon Promises Not Fulfilled By Husband (Yes/No)=[1/2]=50%

6. Doesn’t take Care Of Wife And Children wife/Children/Mother/Dog/Political)=[2/5]=40% Principle of Progressive Change

 From Website (Girl Friend) to Home (Wife)

 Dream Life to Reality

 Love to Hate

 Respect to Allegations made on each other

 Private Matter to Public Matter

 Together to Separate Various agencies available to help harassed woman (Wife Lipika Bharti) • Various institution for domestic violence relief Women Commission {Delhi Commission Of Women(DCW)} • Police(just A Call to Police and Will Arrest Husband As Soon As Possible Early) • Family Courts • NGO’s • Other Courts • But These Laws Are Available Both Wife/ Husband but hardly we hared any news from husband side Opinion Of Peoples about domestic violence:- • A husband can’t be harassed by wife • Police will take easy if a harassed husband will call and treat that it’s fake call. • And unfortunate there is no cell for husband’s help only God can save him from such troubles.

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Husband Is In Chakraview And Don’t Has Choice

Dear Wife

Children Mother

Politics

Now Very Critical Situation for a poor husband how to break chakraview Various Controversies on Somnath Bharti • Raid In Khirki Extension For Sex And Drugs Operating Elements:-He Without Investigation Raid With Supporters On Khirki Extension But Later AIIMS Medical Tests Confirmed That No Drug Traces Were Found In Their System. • Racist Remarks:-Women’s Organizations And Political Rival Accused Bharti Of Mouthing Racist Remarks While Dealing With The Women • Invitation Order To Judges:-Within A Couple Of Days After Taking Oath Of Office, Bharti Told Law Secretary To Arrange For A Meeting With All District Judges Of Delhi. • More Uncouth Than Un-parliamentary:-He Warned To Delhi Police That People Will Pick Each One And Thrash-’Chun Chun Kar Marege’. • Tempering Of Evidence:- In 2013, The CBI Special Judge Pulled Up Bharti And His Client Who Facing Corruption Charges –After The Probe Agency Accused Them Of Influencing A Prosecution Witness By Speaking To Him On The Phone And Discussing The Case. • AIIMS Row:-He and At Least 300 Of His Supporters Beat Up Security Personal Of AIIMS. Stakeholders of the case {Lawyer, Family Members, Banker, CA, others} Stakeholder’s suggestions to Wife:-  Mr. Somnath Bharti has to give up in front of you.  We will fight for justice (Wife’s Lawyer).  You will get huge money and property from husband and that money will give good interest if you will deposit big amount in our Bank.  You will get huge money from husband and that money you can invest in Mutual fund and shares (CA).  We will put him in Jail and will teach a lesson to him (Family Members and Friends).

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 Wife Has Three Ways (Fathers House ,Husband House, Self )  But Mr. Husband Has No Choice Except (Jail) One Of The Famous Human Resources Management Theory Proved On Mr. Somnath Bharti “Old Wife Is Gold”

 Its means that always old personnel should be retained in the organization because they know the SWOT{Strength, Weakness, Opportunity and Threats} of the Company but they will never expose weakness and will not take any advantage Ordinary Judgment without Deep Investigation  Delhi Commission for Women) DCW Called Mr. Bharti and Interrogated him.  FIR By Delhi Police On Mr. Somnath Bharti ( He Ran Away For Few Days and then surrendered)  He was Found Guilty By Various Legal Institutions (Court/Police/DCW)  And was put in Jail. Forensic Professional Investigation {With Scientific cause and effect}  1)-Birth of first child was very early after marriage.  2)-Standard Birth Difference Between Two Children Was Not Maintained.  3)-Financially dependent allegation of wife was wrong as he was MLA (handsome monthly salary and other VIP treatment available for family).-this may result in teasing his wife after winning MLA seat.  4)-Actually the war was between two women (wife and mother in law).  5)-She (wife) doesn't like pet (dog) in the house.  6)-Mr. Somnath Bharti was not able to handle the situation after the sudden won the MLA seat and law minister of Delhi (it was a big dream come true). **Both Husband and Wife Should Live Happily Together In the Future with Their Family Members ** Limitations of the research article

 This case study is based on secondary data which are available on internet, news papers and other sources.  In this article we are giving suggestions to the parties of the case and not questioning on the decision of any legal and constitutional body and their decision. Conculation: Don’t underestimate the power of a strong [Woman] pillar of the society. We can’t give, only we can take from them. Woman:-Sacrifices for other, kind hearted, Help in physical growth of their children, Love for family, strong willpower The whole universe has missbelief thinking that we are doing and should do more for women empowerment in future but “they are not aware a seed can’t grow without land”.

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