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President’s Message India’s 67th Independence Day Celebration Fresno CA

The members of the Indian Community in Fresno and the Central Valley are celebrating India’s 67th Independence Day on Saturday, August 24th at 4:30 pm at Fresno State’s Satellite Student Union Hall, followed by a dinner at 7:00 pm at Hope Lutheran Church (northwest corner of Fresno and Barstow Ave.). Dr. Kiran Bedi, a social activist and a prominent leader of the anti-corruption movement in India and Dr. Joseph I. Castro, Fresno State’s new university president are our guests of honor at the celebration. We wish to extend our warm welcome and thanks to Dr. Kiran Bedi for her long travel from India to Fresno and for taking time from her busy schedule to be our chief guest speaker. We also want to offer our heartiest welcome to Dr. Joseph I. Castro, a native son of our valley, as new president of Fresno State, and express our deep thanks for accepting our invitation to give a welcome address at the celebration. We hope to continue building stronger relationships between the University and the Indian community of the Central Valley as we have done in the past. Kirpal Singh Sihota
During the celebration, special tributes are planned in honor of the 100th anniversary of the Gadar Movement, which started in the United States for the freedom of India from British rule and the 150th anniversary of Swami Vivekananda who brought the philosophies of Vedanta and Yoga to the West. Poster exhibitions in honor of both anniversaries will be on display. At the dinner event, Dr. Kiran Bedi will speak on India Today and Tomorrow. The event this year is hosted by the Council of Indian Organizations of Central Valley and co-sponsored by Fresno State’s Central Valley Cultural Heritage Institute, Indian Students Club at Fresno State and the State Bank of India in Fresno. The Council is a conglomeration of several Indian organizations and groups operating in the Central Valley and replaces the Independence Day Planning Committee. It is the result of several years of efforts to bring the Council in existence. We request that you support the Council and its efforts. If time permits, please join us. We welcome volunteers. We now have our website which is fresnoindian.com. You may wish to check it out from time to time. We wish you all a very Happy Independence Day Celebration.

Kirpal Singh Sihota
President

Women Rights India Article By Anu Peshawaria

We are again heading towards another draconian law like 498A and 406 (Dowry).

All laws that get passed in India effects each one of us in many ways as all our loved ones reside there and we will always be treated as overseas citizens of india. At this time womens right to property of her spouse is being very hotly debated in India.
When you get married you agree to share more than your feelings, it is also the house and the property. But what property must you share and what remains your own is the question that is being debated in India currently.Photo of Anu Peshawaria

For too long random laws are been framed to strengthen the broken inadequate legal system in India. We are again heading towards another draconian law like 498A (Dowry) if laws continue to be passed in such a casual and un-researched manner All Indian women will be heading to a major social and financial crisis. At present National status doesn’t exist on divorce in India, however, some records show that it is on the rise. With the current laws the end of even the worst marriage, usually spells disaster. The main reason for that is that there is no concept of joint marital property.

If the woman files for divorce, she virtually has no chance of obtaining financial settlement. What is needed is enforcement of existing alimony laws, fixing the broken judicial process and introduction of community property law or joint marital property. The one and only most important concept that can strengthen women in India and bring about a major change is the introduction of community property law in India. This entire talk about giving share in inherited property to women is a very wrong statement and sure enough will be struck down by popular will.
The main issue is that neither spouse should be left penniless or burdened by doing all household chores and look after children all by themselves and the other spouse on the other hand lead a lavish lifestyle.

The concept of marital property or Community property is defined as all property acquired by the man and his wife “during” marriage and not “before” or “after.” Money and property acquired before marriage can also be characterized as community property if it is commingled with separate property. One must remember that besides assets all debts incurred during marriage are also community debts of the couple. In community property states the following are separate property:
1. Gifts given to one spouse,
2. Property spouse owned before marriage and not commingled during marriage,
3. Inheritance, The court and the judges have description however to award separate property in the interest of justice that term is call “equitable distribution”. Where one spouse is unusually weathly due to a large inheritance or property acquired before marriage the court has discretion to award this property to the other spouse . Keep in mind you can change terms of your marital property ownership before your marriage begins with original agreement called pre nuptial agreement, however pre nuptial agreement has to be extremely fair and courts are inclined not to accept them if not executed properly.

The new amendment proposed on divorce of mutual consent has been long overdue and adoption of divorce in grounds of irretrievably break down marriage is very essential to avoid undue harassment and hurling accusation at each other and fabricating evidence leading to misuse of 498 A

I wrote the book “lives on the brink” and thoroughly researched all immigration laws and all international conventions between india and united states..it is important before making suggestions to such important bills a comittee to go over all bills pertaining to women are reviewed by competent persons and proper research is undertaken.

Author

-Anu Peshawaria is An Internationally awarded Indian American lawyer, social activist, and Author. Anu Peshawaria Is unique Indian American lawyer who has expertise in both indian laws as well as US Immigration having served as the First Legal Advisor to the Embassy of india, Washington, DC. She has offices in California, Washington and India . She can be reached at 5102991907 or contacted at anu@anuattorney.com



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