Indian Media supports 498a and Family Destruction

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Recently the Law Commission was once again tasked with the job of reviewing 498a , and once again recommending if this needed to  be changed.  However the interesting thing is the stand that the media has taken on this whole issue. From the type of media reports of the media a few salient points are amply clear.

Media was thoroughly enjoying the gender war:- Innocent men going to jail, Mothers and sisters being imprisoned, Men coming out with a sense of vengeance. Some men creating ingenious methods like filing cases for giving dowry or thousands of dharnas and press conferences taking place on 498a all made for excellent masala news which the media seemed to enjoy. There is a sense of dissatisfaction in the media that these will cease of 498a becomes billable and people stop suffering. Let us further analyze this paragraph further.

Media’s agenda of family breaking may fail:- Lets face it, media loves to see breaking families. Not only does breaking families leads to more spicy news like increasing crime,  breaking families brings immense financial gain to the media and its advertisers. How ? Here is how ….

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Rape often isn’t a crime when women do it

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Women Raping Men

By RICHARD MORGAN

Five years ago, a few months before his first semester at Ohio State, Nick (not his real name) lost his virginity on the floor of a dark living room, surrounded by sleeping party goers. “She told a lot of people she was going to fuck me,” says Nick, 23, sitting in a booth at the Blue Danube, a greasy spoon in his hometown of Columbus, Ohio. “She gave me a lot of vodka and she did it. I was barely awake. But I remember — it was so weird — she said, ‘Look, I’m either going to fuck you or go to the kitchen and fuck a cucumber.'”

He was too drunk to remember the hows of what followed, but he knows there was no condom, no consent, and, at first, no problem.

The next morning, “I woke up and I’m like, ‘Holy shit! I must be in love,'” Nick says. “And she says, ‘Get real. I was just fucking you.'”

Upon suffering a variety of emotional problems Nick sought counseling, and it was then that he came to believe that in losing his virginity he had become not a man but a victim of rape.

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No Arrest in dowry harassment matters!

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Translated from Hindustan Dainik (Click here for the Scanned PDF)

  • No arrest in matters where the maximum punishment is less than 7 years
  • Law commission gave report to home minister
  • No need to review the provisions of stay

The path is clear for the implementation of Cr.P.C. amendments that have mandated no arrest of the accused in cases leading to less than 7 years of imprisonment. Law commission, along with tightening the grip on police officials, has recommended the continual of recent amendements. The commission said it is un-necessary to ponder on the other section – 309. Staying the proceedings or not is a matter of court’s jurisprudence.

Under the new provisions 41-A, the police will not arrest the accused for crimes that are punishable with less than 7 years. In stead, the police can issue a notice ‘informing’ them that they should appear at the police station for investigations.

The commission said that the word ‘may’ should be changed to ‘will’ in the provisions. This implies that sending the notice to the accused should be made mandatory. Commission said this is to ensure that police officials do not benefit the accused under any political pressure or by unfair dealings. The commission also said that if the addressee of the notice hides own identity, then this can be a basis for arrest.

In the report, chief of the commission Justice A R Laxman clarified that the decision not to arrest the accused is equivalent to judicial directives. If a police official mis-uses powers, then he would be liable for contempt of court in addition to the departmental disciplinary action.

AMENDED SECTION 41-A: police will not arrest person accused with offenses punishable with less than 7 years. In stead, a notice will be issued to them. Only on a failure to follow notice can an arrest happen with the orders of a magistrate. Crimes like eve teasing, attempt to loot, and dowry torture will come out of the ambit of arrest. Till now, an arrest used to happen immediately after the registration of F.I.R. because offenses with more than 3 years punishment were cognizable.

Intention: stopping arrest in un-necessary and false cases. Also to reduce the crowd in jails

Opposition: Criminals will lose the fear of law

AMENDED SECTION 309: not to stay the case in the absence of lawyer

Intention: To reduce the burden of cases and controlling the tendency to delay proceedings for a long time

Opposition: lawyers said, this is against the natural principles of law. Accused will suffer because of this.

You are Liable to be Arrested

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YOU ARE LIABLE TO BE ARRESTED

BEWARE  Marriage for a “BOY” in your family could land your entire family into jail.

Are You Aware?

  • 123,497 mothers & sisters are JAILED due to false dowry cases in last FOUR years (2004-2007).
  • With 498-A (Dowry Law), even ONE line of false allegation can jail your entire family
  • Family destruction is a Thousand crore Rupees Industry in India
  • Marriage is a crime for Indian men” as per the Indian Laws made for “Destruction of Families”.
  • India is heading towards fatherless society and bastard children.
  • Suicide rate of married men is twice that of married women.

498-A

Your entire family can be jailed without investigation for any complaint filed by a daughter-in-law in your family for anything she thinks as harassment to her.

Domestic Violence Act

Husband is an ATM machine, if it doesn’t work, it is an economic abuse.

If you deny kitty party money to your wife / daughter, you will land in jail.

Law supports the greed of your wife.

All your family could be thrown out of your own house for the greed of wife

UNLESS A MAN FIGHTS HE HAS NO RIGHTS

FIGHT FOR YOUR FAMILY and FIGHT FOR THE INDIAN FAMILY SYSTEM
To save your family visit www.saveindianfamily.org

Legal Terrorism and Illegitimate Legislation

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In recent years, the number of abusers of women protection legislation for personal gain or to settle scores has gone up substantially. Concomitantly, the numbers of false cases, the incidents of malfeasance, illegal detentions, police and judicial corruption as well as the backlog of unresolved cases have also skyrocketed. The trend shows no signs of waning. What makes this process so easy and convenient for the criminally minded individuals, families and state officials? The answer lies in the active state support and participation in this nefarious scheme of “legal terrorism”. While this state participation is occurring at the expense of the well-being of ordinary, law abiding citizens who have not violated any laws, the parasitic elements of the society like unethical lawyers, fund chasing and morally bankrupt feminists, lowly judiciary and corrupt police officials are immensely benefiting from this pernicious practice.

– What is the root cause for the proliferation of state sponsored legal terrorism in our country?

– Would the state sponsored legal terrorism cast its shadow in ever more areas of our public and private lives?

– Should the citizens be resigned to this state of affairs?

– What is the prognosis for the future?

In this article, I will attempt to address some of the concerns raised above.

Root Cause of Legal Terrorism is Illegitimate Legislation

The root cause of the state sponsored legal terrorism is the existence and passage of illegitimate legislation in our legal regime. Most reasonable and objective persons can quickly tell right from wrong and fair from unfair.  Thus most reasonable and objective people can also tell apart a legitimate law from an illegitimate one.

There can be several bases on which one can conclude a certain legislation to be illegitimate. However, most illegitimate legislation is identified by the following five characteristics –

Discriminatory

According the Universal Declaration of Human Rights, “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Any laws that are explicitly or implicitly discriminatory are illegitimate. Any demagogue would be tempted to play vote bank politics and pass discriminatory legislation that can rob the non-vocal minority off its legitimate protections that are hallmarks of any civilized society. In most civilized countries, constitution places limits on the illegitimate laws passed by the demagogues. For example, in the United States, any discriminatory legislation could be shot down by the Supreme Court of the US as unconstitutional if challenged. Such protections do not appear to exist in India. At least, the Supreme Court has not displayed the courage to declare discriminatory legislation as unconstitutional. Most of the ostensibly women protection laws in our country (like PWDVA, adultery laws, alimony laws) are discriminatory and thus illegitimate.

Presumption of guilt

As the jurisprudence evolved over the centuries, it has become an universally accepted maxim that an accused person is innocent until proven guilty. It is always the responsibility of the accuser to prove the guilt. In modern India, this maxim has been subverted thoroughly. In the name of special protections, the accusers have been given free pass to accuse any person at their fancy. The state, in turn, has assumed the proxy role to prosecute the accused at the taxpayer’s expense while placing the burden of proving innocence on individual citizen. This is a monumental distortion of principles of justice. Any legislation that presumes the accused as guilty until proven innocent is illegitimate. The best examples are ipc304B and ipc498A.

Summary action

Legislation that allows summary action by the judges or other officials is also illegitimate. Summary action may include confiscation, imprisonment or other penalties. Watch out summary provisions in any legislation to declare it as an illegitimate legislation. PWDVA is the best example.

Multiple laws to confer the same benefit

Many a time, in spite of the existence of legal provisions addressing certain benefits under law, new laws are passed conferring the same benefit. This results in unscrupulous elements filing multiple cases under these differing legal provisions for the same benefit, thereby flooding the court system with frivolous and vexatious litigation. The best example of this practice is the alimony and maintenance laws like 125 Cr PC, Section 24 of HMA and PWDVA.

Based on anachronistic assumptions

Society is constantly changing and evolving. Legislation passed hundreds of years ago under colonial rule may not have any relevance in the modern times. Such legislation must be scrapped and replaced with modern legislation that reflects the realities of the current state of our country and its citizens. If you come across shrill voices opposing changes to anachronistic legislation, please understand that is an illegitimate legislation still existing in our law books. It is time to agitate for changing such illegitimate anachronistic legislation. The best examples are the alimony and adultery laws in India wherein women are perpetually assumed to be victims even when they are the perpetrators.

The Real Victims

Who are the real victims of this legal terrorism?

Any unsuspecting individual who is compelled to defend oneself against charges under any illegitimate law automatically becomes a victim of that law. Law is a coercive state instrument. Inherent fairness is a fundamental pre-requisite for the citizens to have faith in the law. When the law fails the test of fairness, individuals charged under that law become victims of state sponsored legal terrorism. In those circumstances, the guilt or innocence of the individual becomes irrelevant. Do not inquire into the guilt or innocence of the individual when that individual is on the receiving end of illegitimate laws. Extend compassion and support to them unconditionally.

Strategies to counter Legal Terrorism and Illegitimate Legislation

Reposing faith in democratic institutions to counteract the evil consequences of illegitimate legislation may not always produce results. In fact, democracy uncurbed by the constitutional limits, as is the case in present India, will always result in the passage of illegitimate legislation to safeguard the interests of vocal sections of the population. Further, corruption also plays a major role in the passage and preservation of such legislation. Once the vested interests become entrenched, the ordinary citizens become powerless in the face of massive state power and state sponsored legal terrorism.

Are we, the ordinary citizens, helpless against this state sponsored travesty? Or are there any ways in which we can counter this?

Here I am outlining some strategies that can be employed collectively by the civil society to counter this menace.

Counsel the victims

This is by far the most important strategy. When an individual is pitted against the massive state machinery, the morale of the individual takes a massive beating. In many cases, the victims of legal terrorism, overwhelmed by the odds of fighting the corrupt state machinery out to persecute them, end their lives. When such demoralized individuals come in contact with other victims, their feelings of powerlessness and hopelessness tend to be alleviated substantially. The mere act of listening to their sad plight gives them courage and strength to fight back against the injustice. Besides, the victims can learn from each other and support each other in various other ways. In fact, the common suffering will prove to be a strong bond that will result in lasting friendships. I implore all the victims reading this article to become counselors. (See above on “The Real Victims”)

Show contempt

As Mahatma Gandhi said, cooperating with evil is worse than the evil itself. The illegitimate legislation must be held in utmost contempt it rightly deserves. Just because it was passed by the parliament, it does not become legitimate if it has failed the test of fairness as discussed above. Pay particular attention to the shrill voices of vested interests that defend the illegitimate legislation.  Check on their backgrounds and understand how these vested interests stand to benefit from the existence of the illegitimate laws. Argue with them and expose them at every opportunity.

Spread awareness

Another related strategy is spreading awareness in the society about the existence of these illegitimate laws. Most of the victims of legal terrorism are caught unawares when a barrage of criminal and civil cases hits them like bolt of lightning from the blue skies. Until it happens to them, most citizens are blissfully ignorant of such laws. In fact, one of the main secrets of the propagators of illegitimate legislation is obfuscation. These propagators deliberately hide the most pernicious provisions they included in these laws in most open debates. As soon as the heat is turned up in any debate, they slip back in to platitudes and lies. The best example of this deception is “Karan Thapar vs Renuka Chaudhary” debate in which Renuka Chaudhary fell back to her rhetorical lies like “every minute a woman is burned for dowry” or something on those lines, when sustained questioning by Karan made her squirm.  One of the best weapons to fight the illegitimate laws and legal terrorism is spreading awareness. Internet will play a significant role in spreading awareness about illegitimate legislation.

Social boycott and ostracism

Finally, the most potent weapon to counter legal terrorism is the social boycott and ostracism of its perpetrators. Most relationships and transactions in our traditional society are carried out based on trust and reputation of the families. No sane person would like to enter into any marital relationship with a family who ruthlessly used the illegitimate legislation to unleash legal terrorism on another family.  Exposing the truth about the perpetrators of legal terrorism will be enough to caution other families that plan to enter into any kind of relationship with them.

Prognosis for the future

The strategies outlined above will prove to be the philosophical underpinnings for the resistance movements that will proliferate across the country to counter the menace of legal terrorism. Save Indian Family Foundation is the best example of such social resistance movement that is employing the above strategies successfully to counter the evil consequences of illegitimate women protection legislation in India.

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Who will save the men who are burnt?

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As I read this article, wherein Supreme Court judge is calling for hanging of people who burn brides, a hailstorm of thoughts crosses my mind. Being the Public Relations Officer of Save Indian Family Foundation, an NGO dedicated to promote the cause of Gender Equality and Family Harmony; I come across cases of men wronged by their wives on a daily basis wherein men are simply penalized for the mere fact that they are MEN.

One mere complaint of harassment from their wives, whether true or not, lands them in jail along with all their family members named in the complaint without any trial or investigation. Many lose their self-esteem, jobs even; commit suicide as evident from the suicide statistics available with the National Crime Records Bureau (NCRB). As per the statistics, 57593 married men committed suicide in 2007 vis-à-vis 30064 married women. Figures for 2006 were 55452 married men vs. 29869 married women while those for 2005 are 52483 married men vs. 28188 married women. Every year more and more married men are committing suicide. But still there is no protection given to men. A major contribution of this comes from the misuse of dowry laws against men wherein a social presumption works against them

Now coming back to the article I’ve referred, Markenday Katju, Justice, Supreme Court of India today made a statement that “Those who burn brides should be hanged.” But, who is going to prove that the bride was burned? Will a man be hanged if his adulterous wife puts kerosene on herself and dies of burning? Or if the parents of the girl kill their daughter and then put the blame on the husband, then will the husband be hung?

And when you make a gender biased statement, “Those who burn brides need to be hanged”, why is it that you are not ready to offer the same level of protection to married men who are burnt alive? What is their fault? According to the NCRB data 3400 married are burnt alive every year on an average.

Further, Justice Katju went on to say that, “They all say that. Every time they burn a bride, they say it was a suicide.” Now this is nothing short of imposing his own assumptions on to the society, a right which he does not have, not even as a Supreme Court judge. First of all, he has assumed that all married women who die of burning are killed by their in-laws. There is no basis for his assumption as death due to burning can happen due to any reason, even kitchen accidents, negligence by women, suicide etc. And it will definitely not be in the interest of justice to hang the husband for these cases but from what views have transpired out of Katju’s statement, it is clearly evident that he has taken a gender obsessed stand which is not acceptable from a Supreme Court Judge.

Justice Katju’s statements are a clear call for the need of Judicial Reforms. Also in addition, before hanging husbands for ‘allegedly’ burning brides, Justice Katju needs to remember that the police force does not conduct a fair inquiry into the incident and merely relies on statements and is thoroughly incompetent in collecting evidences. With such lousy investigation and presumptions working at the back of mind, justice cannot be expected out of courts and in such a situation; “Judicial Reforms” is the call of the day.

With M Veerappa Moily becoming the law minister and talking of “Judicial Reforms” as the first thing to be done, some hope is definitely restored because Judicial Reforms are utmost necessary in today’s times of deteriorating faith on the judiciary. With irresponsible statements coming from the judiciary, it is clearly evident that the intellectual level of the judiciary has severely degraded. SIFF calls upon all the citizens to take part in judicial reforms as that is the only way to reduce crime in the society. Today criminals have no fear of any punishment because either the judiciary is too slow and corrupt or is involved in social service with gender obsessed statements.

Justice Katju had also made controversial statement, Bow down before your wife wherein he told; listen to your wife, even if she sounds unreasonable. Such statements from the judiciary send a strong signal to men that they should not expect justice from the courts and the question still remains open, “Who will save men who are burnt?

My question to Justice Katju, “Can you?”, “Will you?”

Renuka Chowdhury, 54 MoS (Independent Charge) for Women & child Development

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New Delhi: Renuka Chowdhury, 54 MoS (Independent Charge) for Women & child Development

Result: -1/10

She was given independent charge of the Women and Child Development Ministry in 2006 after WCD, earlier under the Human Resource Development Ministry, was made a separate ministry. After three years, there is no marked difference in the condition of women and children in the country.

Her brief

In its manifesto in 2004, the Congress said that a nutritious mid-day cooked meal scheme will be introduced in primary and secondary schools across the country and the Integrated Child Development Services (ICDS) will be universalised to provide for a functional anganwadi in every settlement and full coverage for children below the age of six. Chowdhury was also expected to reduce incidences of maternal and child mortality and malnutrition.

Reforms derailed

In 1997, judicial guidelines were set on protection against sexual harassment at the workplace, but the “high priority bill” is still shuttling between the National Commission for Women (NCW) and WCD.

Child labour has not been abolished, apart from a few baby steps taken by the National Commission for Protection of Child Rights (NCPCR), under the WCD Ministry.

The demand for additional guaranteed financial support from the expenditure finance committee for the ambitious and controversial proposal to give fortified pre-packaged food—instead of hot cooked meals—to poor children as part of the revamp of the ICDS was trashed by the Planning Commission.

OPPORTUNITIES BLOWN

The UPA government dropped attempts to strengthen the anti-Sati law, more than 20 years after it was first enacted. The proposed law was expected to increase prison terms for those committing as well as glorifying the practice.

After the Nithari incident, Chowdhury stressed on the need for a database of missing children. Till date, the NCPCR is still juggling to get the figures.

Proposed to the Home Ministry that it grant amnesty to women prisoners. A year after, the issue remains untouched.

Once talked of taking up the issue of dumped NRI wives but there has hardly been any step forward in the direction.

State child commissions were supposed to be set up. A Bill was passed in Parliament in 2006, but other than in Delhi and Kerala, the commissions haven’t been set up.

What was she thinking?

After the Mangalore pub attack by the Sri Ram Sene, where young women were attacked in an alleged incident of moral policing, she championed the cause of progressive city youth by calling for a “Pub Bharo” campaign and claimed that Mangalore had been “talibanised”.

High point

The enforcement of the Protection of Women from Domestic Violence Act (2005) in October 2006.

Low point

When she said “women must not trust their men” and guard themselves against HIV/AIDS, her statement drew flak from all quarters.

VIEW FROM THE SHADOW

“Except some debates and wordy duels, nothing substantive happened. WCD is a very important department.” —Murli Manohar Joshi, former HRD minister in the NDA government

Did she get your vote?

She lost in Khammam, Andhra Pradesh, by a margin of 1.24 lakh votes.

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