Fighting Legal Terrorism in India

30/06/2008

Open letter to the officials of the UN (UNICEF and UNIFEM)

We members of “Save Indian Family Foundation” comprise of 15,000 Engineers, Software professionals, Executives, doctors and common people of India, who are fed up with UN’s Anti-Indian Agenda since quite some time. We firmly believe that UN is interested in breaking the Indian family system and the Indian society. If UN or its other organizations do not stop their anti-India activities and do not stop their malicious propaganda against India, we will start large scale protests against UN all over India. We are certain it will not help UN as Indian’s love their family system and they will not love any agency which promotes family breaking. India has 1/6th of World’s population.

Firstly, we do not understand why UN works like a dictator and why the people running it have such a terrible problem with “Integrity”.

We feel, it is important UN and its Secretary General wake up to face some constructive criticism and cleans up the “Integrity Issues”.

UN has a lot of explaining to do as it seems to have come out with an agenda against “Family System” in India due to lobbying by some western countries.

We will show how actions of UN, UNICEF and UNDP are actually contributing the “Female Foeticide” in India instead of reducing it.

1) In 2006, UN claimed in Indian Media that 70% of Indian Women Face domestic Violence (DV) UN, UNDP or UNFPA never conducted any study or survey which has established this fact or proved this statistics. In fact, one page in UNFPA website says, the domestic violence percentage in India (against women) is just 19%.

It clearly shows that UN and its officials lack Integrity and have lied in Indian Media.

How the hell are such horrendous lies propagated about India by UN officials?

Refer to this false story planted by the UN.

Here is the complete argument:

Certain Radical Western elements are controlling the policies in UN and they have a “racial bias” against Asians and especially Indians.

2) In 2006, UNICEF executive director Ann M. Veneman made false claims.

She claimed that 25,000 women are killed “every year” for dowry in India. Here is the proof.

There is no source of any kind which has established this fact that 25000 numbers of women are killed for dowry. In fact, the total “convictions” for “dowry deaths + DV deaths” in year 2006 is 1830 (refer: Indian National Crime Records Bureau at website ncrb.nic.in).

These deaths in India are almost half of similar deaths in US (if you normalize populations of both countries).Why did she lie and why did she quoted false statistics?

Why is the UNICEF executive director creating a panic by uttering lies?

I do not like to make any personal criticisms. However, people holding the high positions should have some elementary levels of Integrity.

If UN says that 25,000 women are killed for dowry every year in India, then no one will wish to have a girl in their house, as they think the girl will only be a victim, a burden and she will bring tears. The reality is, women are 2 times safer in Indian homes than in US homes. Thanks to UN and UNICEF, the panic is created in Indian society and Indian Family system is maligned all over the world. The Indians today are afraid of having a girl child.

We challenge UN officials to come and prove their assertions on dowry deaths in India.

3) The outrageous, false propaganda unleashed by UN (and the organisations it funds) about 70% women being beaten, kicked, hit, slapped and burnt for dowry, has created massive panic in India.

UN is a very credible source and hence everyone believes it. Media writes about it. So, Indians today believe that if they have a daughter (born into the family), then 70% chance that she will be burnt, beaten, raped, hit, slapped.

These lies by UN officials is creating huge problem for our society and people are rushing to clinics to abort the girl child.

4) A boy in India brings 3 times more misery to parents than the girls. A boy has 3 times more chance of getting kidnapped. A man has 3 times more chance to get murdered, commit suicide or die in an accident compared to a woman. However, UN never talks about the disadvantages that boys bring and only harps of why it is dangerous to be a woman or girl in India.

5) Increasing divorces, family breaking and single parenting has resulted in increase in crimes in US. However, UN conveniently ignores these social issues. Children from single parent families in US have 9 times more chance to commit crime.

Why are UN policies so reductionist while dealing with complex social systems?

Why is UN not even ready to discuss?

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Social situations are complex. Societies across the world are complex. How can UN recommend some very “simple reductionist solutions” for the complex problems related to family system and sometimes force it on nations?

Common sense says, the more you focus on a problem/concern, the problem or concern increases. Is UN feeding energy to concerns or working on influences?

By focusing on women’s issues in a radical manner and by representing them as victims by using false statistics for years, is UN solving the problems or increasing the intensity of the problems?

If UN do not stop the anti-Indian, anti-social activities by planting false statistics in Media, we as an advocacy group of 15,000 members in India and world, will start street protests against UN’s ill designed insensitive policies. It is 15,000 angry Indian families, who see UN as an organisation that has propagated false stories and rumours about India, Indian society and Indian Family system.

If UN is so sincere about the plight of women in South Asian, then what the hell UN is doing about 1,20,645 women who are arrested in India in last 4 years without trial or investigation under section 498a of Indian penal code(IPC). In fact, UNIFEM supports Section 498a of IPC.

We support 50% reservation for women in Indian parliament. We are not a bunch of conservative regressive religious zealots.

We are not begging UN to change or stop propagating false stories about societies in member nations.

UN, UNICEF, UNDP, UNFPA and every official has the choice. The officials there can keep continuing with the lies, false statistics and claim that they are making a difference in the world.

We have no expectations what so ever from UN or UNDP or UNICEF. We will do our work to safe guard our nation and other Asian Nations. However, we will hold every person who works for UN accountable for the consequences of the misadventures.

26/06/2008

29 Point Agenda to counter Legal Terrorism

We would recommend the following:

  1. To convert section 498A into a bailable one.
  2. To convert section 498A into a compoundable one.
  3. A circular should be immediately issued to all the Police Stations in the country with specific directions not to arrest any person u/s 498A and 406 without thorough investigations and attempts of counseling where the wife is alive. If any arrest is made, it should be officially signed and authorized by a SP or DCP rank and the police should be made to justify the arrest with prima-facie evidence.
  4. The learned court could carefully consider whether the allegations of the bride are indeed genuine at least against the in-laws or other relatives of the husband when it directs investigation under section 156(3) of Cr.P.C for an offense under section 498A.
  5. The Learned court could carefully take into account whether custodial detention is at all needed for the in-laws and other relatives.
  6. Arrest should be made only after getting orders from the Magistrate after primary investigation and producing facts and evidences before the Magistrate
  7. Arrest should not be made before trial in cases where the wife is alive.
  8. Sections 120B, 177, 182, 211, 199, 200, 209, 499 and 500 of IPC should be extensively used against false complainants.
  9. If a wife files 498A, the husband should be allowed immediate divorce.
  10. At the stage of counseling before 498A, the parents and/or relatives of the wife should be strictly prohibited to interfere in the family matter of the daughter. If the in-laws are blamed, after investigation, the in-laws should be separated from the son of the family. The husband and wife should be asked to stay separately.
  11. Counseling, if any, should be brought out of the ambit of police or government officials and be handed over to different NGO’s working in this field hence making sure that it is a real counseling and not a threatening process.
  12. To replace the word “husband” or “wife” with the word “spouse in all related laws, so as to ensure equality in law for men and women.
  13. Make provisions for a man to file complaint when a wife and in-laws harass him and commit cruelty.
  14. Create sections 498B and 304C in IPC to protect men and women in his family when the perpetrators of crime are daughters-in-law and their family.
  15. Make provision for penalty on a false complaint by amending IPC 498A. Lodging a complaint u/s 498A IPC has become a tool of manipulation, legal blackmail and legal terrorism in the hands of certain unscrupulous people.
  16. Speedy and fair trial in all marital disputes.
  17. Make registration of marriages compulsory. Gifts at time of marriage must be listed and photographed.
  18. Make extensive use of section 3 and 4 of the Dowry Prevention Act.
  19. Strict conviction of either the complainant or the defendant.No negotiations be allowed at the cost of money/property/gift whatsoever and the faulty should be severely punished.
  20. For any negotiation or exchange of amounts made, both the parties should be made liable for prosecution on recommendation of a third party.
  21. Ensure fair and unbiased investigation & trial of Dowry related complaints, which is totally in favor of daughter-in-law and disregards the trauma caused to mothers and sisters due to a false complaint. Judiciary and enforcement agencies must recognize the possibility of wives and daughter-in-law maltreating the husband and old in-laws or other vulnerable members of the husband’s family.
  22. Distant relatives not routinely living with the couple should not be allowed to be named in the complaint and excluded routinely.
  23. Fathers should not be routinely deprived of child custody by assuming mother is the best for the child. Child should not be made to choose between parents and joint custody be preferred.
  24. No Passport surrender and unnecessary travel restrictions should be imposed at the time of bail. Passports should not be impounded and restrictions of going abroad where wife is alive should be lifted with a condition that the husband should appear in the court as and when summoned.
  25. Elder abuse in the name of IPC 498A should be absolutely stopped.
  26. Government employees should not face compulsory suspension in case arrested due to a false complaint.
  27. Legislation involving domestic issues should be enacted keeping in view the preservation of institution of marriage and not based on gender bias.
  28. 82% of the individual income tax collected in the country is paid by men. Spending is all done for women only. Animals in the country have a welfare ministry. Now is a need for opening of a Men’s welfare ministry.
  29. Similar to the Crime Against Women Cells, Crime Against Men Cells are also becoming need of the hour.

22/06/2008

WCD yields to this pressure

Filed under: Political — Tags: , , , — LegalTechie @ 12:17 pm

So after this pressure from then men’s rights and gender-equal rights organizations, they finally sent the letters of invitation ‘Pre-dated’!

21/06/2008

Open Letter to WCD Minister

To,

Ms. Renuka Choudhury,

Minister, Government of India,

Ministry of Women and Child Development,

Shastri Bhavan `A’ Wing,Dr. Rajendra Prasad Road,

New Delhi-110001

Sub : Review of Domestic Violence Act, 2005 on 25th June 2008

Respected Madam,

This is in connection to the review meeting and the article in Today’s Telegraph: Men wail on Renuka’s shoulders

It is extremely surprising that NONE of the below NGOs fighting for family harmony and male rights have been invited for the 25th June 2008 review meeting on Domestic Violence Act 2005, till date.

Organizations working towards stoppage of misuse of Dowry Laws and Legal Terrorism in India and promoting family and marital harmony

  1. Save Indian Family Foundation (SIFF), Bangalore: 0934285323538/09845143724
  2. Save Family Foundation (SFF), Delhi: 9810611534 / 9911119113
  3. Gender Human Rights Society, Delhi : 9899329991 / 9811052770
  4. Manushi, Delhi : 011-23978851 / 9350041502
  5. Men Cell, Delhi : 9810170681 / 9868142608
  6. Mothers and Sisters Initiative (MASI), Delhi : 9818454928
  7. Save Innocent Mother and Sister (SIMS), Bangalore:09342041382
  8. Protect Indian Family (PIF), Mumbai : 09869323538 / 09821414336
  9. Men Rights Protection, Mumbai : 09892668560
  10. Bharat Bachao Sangathan, Kolkata : 09830151555
  11. Protect Men’s Right, Kerala : 09387052990 / 0484230478
  12. Sahana, Hyderabad:09848280354 / 09908578457
  13. Asha Kiran, Bangalore: 080-65334135
  14. Kutumb Rakshna Vedike, Bangalore : 09886934853
  15. Protect Men’s Rights, Orissa : 0943708337
  16. Pati Pariwar Kalyan Samiti, Lucknow : 09839097522
  17. Rakshak, USA/Delhi : 9810452017
  18. My Nation, Dubai/USA: 0096-53869295
  19. Pirito Purush Pati Parishad Kolkata : 09433094337 / 09231529437
  20. All India Forgotten Women, Hyderabad : 09704683163
  21. Gujarat Gaurav Raksha Samiti (GGRS) : Vijay Wadhwani
  22. The Akhil Bharatiya Patni Atyachaar Virodhi Sangh (ABPAVS), Gujarat
  23. Association of Protection of Mens Rights, Chennai
  24. Child Rights Initiative for Shared Parenting, Bangalore (CRISP)
  25. Peoples United Relationship Enhancement, Mysore (PURE)
  26. Save Indian Family Organisation Rajasthan, Jaipur
  27. Purushak Sangrashan Sanstha, Nasik

The websites:

http://groups.yahoo.com/group/saveindianfamily
http://groups.yahoo.com/group/MyNationFoundation
www.saveindianfamily.org
www.mynation.net
www.498a.org
www.protectindianfamily.org
www.siftimes.com
www.savefamily.org
www.vaghelasv.com
www.pariwariksuraksha.org
www.mancell.i8.com

Various NGOs from the above list have already submitted their memorandums separately in February 2008 on the comments on the review of Domestic Violence Act 2005, and till date NONE of the above NGOs have received the invitation to join the review committee on 25th June 2008.

It is even more surprising then who are these 100 male activists who have been invited in the meeting? An RTI is also being filed to know the credentials of these 100 Male activists, the NGOs to which they belong, the NGOs websites and their memorandums and what have these NGOs done for the male rights till date.

Awaiting an early response from your end as it is already 21st June, 2008 and it take some time for these above NGOs for preparation for the 25th June 2008 Domestic Violence Review Meeting.

Thanking you,

Yours sincerely,

Legal Techie

A Victim of your Women Centric – Male Hater laws

Renuka to ‘Justify’ her vicious laws to men

New Delhi, June 20: Women and child development minister Renuka Chowdhary has called a first-of-its-kind-meeting with male activists demanding modifications to laws that they claim are flawed and biased against men.

Top ministry officials said they do not expect Chowdhary to yield to the demand from male groups for “gender-equal” laws, though some of their proposals may be considered. Instead, the minister could use the forum to try and explain to men “the need for laws favouring women”.

The groups argue that the laws against dowry and domestic violence against women as well as the proposed “sexual harassment at the workplace” legislation are discriminatory against men and open to misuse.

The meeting, scheduled for June 25, will be held at the India Islamic Cultural Centre in Delhi. Over a hundred male activists have been invited, ministry sources said.

In the past seven months, the ministry has thrice drawn up plans to organise the meeting, but these were cancelled by Chowdhary. Though the official reason given was that unplanned commitments had cropped up, sources close to the minister said she wanted to be “fully prepared” with legal advice.

“Now that the minister is ready, we are hosting the meeting at a public location where the media will be allowed, because we have nothing to shy away from,” an official said.

Swarup Sarkar, the co-ordinator of Save Family Foundation, an umbrella group of men’s organisations that works in cohesion with similar groups abroad, said he had not received an invite.

“This is a landmark meeting, and the minister, on earlier occasions, had promised us she would invite us. An official from the ministry has informed us about the meeting, but we have not received any official invitation,” he said.

An office-bearer of Rakshak Foundation – a group of NRI men from across the world campaigning against India’s dowry law – said they had not received an invitation either.

The concept note for the June 25 meet lists some of the key changes that the men’s groups want. The words “woman” and “man” should be replaced with “person” in the proposed law against harassment at work. Similarly, “victim” and “accused” should replace “wife” and “husband” in the domestic violence law, they have demanded.

The anti-dowry law is frequently misused, the men say. At present, it is mandatory for police to arrest all the accused named by the woman or her family before even starting investigations. The men’s groups want either prima facie evidence to be made necessary for any arrests or a provision to punish the complainant if the charges are found mala fide.

NO Arrest before Investigation – Delhi Police circular

Delhi Police Commisioner’s Circular (No Arrest without Investigation or Sanction from ACP/DCP)

Commisioner of Police, Delhi has issued a circular to all police stations in Delhi;
The instructions in this circular are:

  1. Full investigations before any arrest in case of Indian Penal Code sections 498a & 406
  2. Sanction of ACP required for arrest of prime accused, sanction of DCP required for arrest of other co-accused.

This circular is following the Supreme court Judgement as mentioned in this blog: http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html

It seems like common sense that police should arrest only after investigations and prima-facie proof (this happens even in murder cases!), thus its actually humbling to note that it needed such circulars to put a check to harassment of lakhs of husband’s families, by way of false cases by their wives. Yes statistics from NCRB(National Crime Research Bureau) says that every year around 500 children and 5000 senior citizens get arrested because of false cases under IPC 498a, 406, Dowry Prohibition Act, etc.

Anyway this is the third of such similar circulars from delhi police, the first two are blogged at http://ipc498a.wordpress.com/2008/03/29/hyd-comm-of-police-no-arrest-without-permission-of-dcp-in-498a-cases-2002. This circular will become the third from delhi police(apart from which we have a similar hyderabad police circular & and supreme court judgement, which is fetaured in the post: http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html)

We, at Save Indian Family, are slowly unearthing similar circulars from other states and will move on to the next step of enforcing them on police by sustained RTI cmapiagns which will ask compliance reports with respect to these circulars every 6 months from all police stations of a state(we will start with cities of Mumbai, Delhi, Hyderabad and Pune).

We will be filing a writ petition to get the Delhi High court’s order directing the police to investigate all the pending and new cases under IPC sections 498a&406(and to comply with the other particulars of this police circular). Later we will be asking the individual police stations in delhi about the compliance to this circular, by Right to Information Act every 6 months or so, on a sustained basis.

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