Tuesday, October 25, 2005

Beware - False 498a is injurious to health

A Times of India Article reported the sucide of a young girl after she was cross examined in a 498a case which she had filed. Many lawyers tell that the girls go into depression once cross examination happens and truth about the falsity of the case starts coming out. In case the case was true then the girls is elated. But otherwise once exposed she goes into a deep depression and sometimes commit sucide.

Antony a Law student ion Bangalore says that typically the girls go into 498a and dowry cases to extract a handsome settlement once they realise that temparamental differnces exists. However now more and more Husbands and families have decided to fight this legal terrorism have decided to start fighting the 498a cases instead of going for settlement and in many cases the girls are totally exposed as the character of priyanka chopra was in the movie "Aitraj" and not having the courage to face the consequences committed suicide realising that their game is up
While filing a false 498a case is easier then ordering idli sambhar but eating the consequences
is not so easy . So beware you do not like your husbands you have the option of section 9 or Divorce under section 13B but if you go about filing false 498a or dowry cases then it will come back and haunt you .

Sunday, October 23, 2005

Some observation from various High and Supreme Courts Courts

A criminal Case is not a matter of IDLI Sambar

Pepsi Food Limited and Another Vs Special Judicial Magistrate and others reported in AIR 1998 SC128
Summoning and Accussed in a criminal case is serious matter .Criminal Law cannot be set into Motion as matter of course . It is not that complainant has to bring only two witnesses to support his allegations in the complaint to have criminal law set inot motion . The order of the magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable there to .He has to examint eh nature of the of allegations made in the complaint and the evidence both orala nd documetary in support there on and would that be sufficient to for the complainant to succeed in brionging charge home to the accused.

If a demand is not for dowry then now 498a and Dp act is not applicable

High court of Karnataka April 2005
But in cases where allegations of dowry demand and dowry harassment are made by aggrived wife , if the complaint itslef shows that the demand was not for dowry and that the alleged dowry harassment was not dowry harassment but material dispute the , the courts can certainly interfere

Every Quarrel cannot be termed as 498a ,dowry harassment or violence
High court of Karnataka April 2005
There may arise Quarrle between husband and equally or more qualified and earning wife for many reasons and unless such quarrels , where in wife alleges harassment by husbands and relatives , is relatable to dowry demands , such harassment cannot be termed as dowry harassment

If a women misuse the law the court are losing their moral authority in asking a husband to reconcile
Andhra PRadesh High court Saritha Vs Ramachandra reported in I ( 2003 ) DMC 37 DB
The court would like to go on record that for nothing teh educated women are approaching the courts for divorce and resorting to proceedings against in-laws under section 498a , IPC implicating not only the husbands but also their family members whether in India or Abroad. This is nothing but misus eof the beneficial provision intended to save the women from unscrouplous husbands . It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well maening people or the courts.and the sanctitiy attached to the marriage in Hindu Religion and the statutory mandate that the courts try to save the marriage through concilliatory efforts till last , are being buried neck-deep . It is for the law commision and the parliament either to continue that provision ( section 498a IPC ) in the same form or to make that offense non cognisable and bailable so that ill-educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egositic women

Dowry and 498a are being used by legal terrorists but a furthur PIL is need ed to clarify & follow up what is the protection supreme court can provide to the innocent so that inocent are not dragged throught he innocence t cases
Writ Petition no. 141 of 2005 in Supreme court
It may, therefore become necessary for the legislature to find out ways How the makers of frivolous complaints or allegations can be appropriately dealt with. Till then the courts have to take care of the situation within the existing framework. As noted above the object is to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism cam be unleashed. The provision is intended to be used as a shield and not as an assassin's weapon. If cry of wolf is made too often as a prank assistance and protection may not be available when the actual wolf appears. There is no question of investigation agency and courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived notion or view. It is strenuously argued by the petitioner that the investigating agencies and courts start with the presumption that accused persons are guilty and that the complainant is speaking the truth. This is too wide available and generalized statement. Certain statutory presumptions are drawn which again are rebuttable. It is to be noted that the role of investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. It is equally indisputable that in many cases no direct evidence is available and the courts have t ace on circumstantial evidence while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.

Finally kiran bedi's explanation that her genuine iuntention was to reconcile . But I wonder how can a reconcilation be effected by a party and how genuine can such intentions be which threatens to take action. Nornmally the NGOs send a very bland statement and the navajyoti or navashakti or whatever is its name awas cought with red face. Any ways it is a warning for everyone concerned that be carefull of NGOs trying to effect a reconcilition.

Sunday, October 16, 2005

Kiran Bedi in dock for illegal summons by her NGO

NGO does not have Right to Isue any summons. Neither does Vanitha Sahaya Vani.
Vanitha Sahaya Vani does not have right to send the policemen to Husbands house.
Men have the right to have a save Indian Family foundatiion Volunteer or theri Lawyer present during any such " reconcilitation " attempt.
Kiran Memsaab shouldn;t you apolgise to Khatri ?

NGO has not right to take action
Reported in Hindu & Deccan Herald . Teh link of hindu is here

.http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2005101706800400.htm&date=2005/10/17/&prd=th&Court summons Kiran BediNEW DELHI: A Delhi court has directed senior IPS officer Kiran Bedi toappear before it in person to explain an ``unauthorised'' summonsallegedly issued by an NGO headed by her against six persons accusedof domestic violence.Additional Sessions Judge S C Rajan has summoned Bedi on October 22 toexplain whether `Navjyoti', an NGO run by Delhi Police Foundation, ofwhich she is founder-general secretary, had the power to issue such anorder which also allegedly contained ``threatening language'' againstthe accused persons.The direction came on a complaint filed by one Paras Khatri againstthe NGO which had allegedly threatened him and his family of``action'' if they did not appear before it to respond to charges ofcruelty levelled against them by Khatri's wife.``If you do not appear before us within a day we will be forced totake action against you,'' the notice dated October 3, 2005, issued onthe letter head of the NGO bearing the name of Bedi, presently theDirector General of Home Guard, said.Terming the notice as ``illegal and arbitrary'', counsel for thecomplainant B S Rana told the court that the NGO was not competent toissue such a notice and could only hold counselling sessions toresolve matrimonial disputes.He said such steps can only be taken by Crime Against Women Cell ifattempts towards reconciliation fail. - PTI

Saturday, October 15, 2005

Brave Ten year old Foils "Gender Sensistive" Psychological tricks

Ten Year Old Dipen Foiled the "Gender Sensitive" so called "Psychatriatic" educated reconcilitor. who was tough on the husbad and trying the get the husband bend over backword . Husband Bent but was saved by the his own Son Dipen. Bravo Dipen you stood up to the Reconcilitor Psychological Pranks.
It seems final score read 63% in favour of husband the alarmed host stopped showing the score after it reached 40% . Similar to the story of telegraph which later edited the story on SIF
You can read detailed commentary by swaroop
& by sumath here

Thursday, October 13, 2005

Feminist Responsible for female Foeticide ?

In post someone called India Kate gave some standard wordings on Female Foeticide and of course blaming the male Preference.
Sumanth has meanwhile squarely blamed the feminsts for foeticide

But let us go back and find out why the parents are preferring the male Child . There are two reasons one is scare and the other is responsibilities

Let us look at the scare portion first
Feminists have made a propaganda that women will have a tough life because

They are being raped The reality is that guy has 2 times chances of being accused of false rape then actual rapes According to Delhi Police which was published in The-week as small numerical statistics that 241 out of 358 rape cases are cases of elopement

They are being driven to suicide in marriages Reality is that the suicide rate for married men is 50% higher then unmarried Men while it remains same for women after marriage . So this Feminist hoax deserved to be called as such the link to this statistics is here

Crimes against women are making it unsafe for women. Reality 2-3 times more men are victims of violence then women . Also again we are not including crimes of false accusations which are very specific to these laws. And of course some them are crimes like adultery which should be equal in number but since only men are defined as criminals it dozen't;t show up as crimes against men .

They cannot take care of themselves hence they need alimony and lifestyle subsidy from either father or Brother or husband

That life is tough for women . Reality it is equally tough for men.

80% of women are abused by their husbands ( shabana Azmi ) said this . Reality god knows but I haven't observed unless criticising the girls parents, her dress sense etc is included then it is 100%

These scare tactics make parent not want to have girl child

Next Let us look at responsibilities

A boy is supposed and forced by law to take responsibilities of their parents .
Society also want the boy to take responsibility for the family
society and law does not expect the girl to take any responsibility
Who will not want to have responsible child

If you want the female foeticide to stop

Stop Alimony laws. In this country each women has the capability to meet their true potential . Also it will force the parents to invest in making a women independent rather then depending on some Male to provoked for her

Make the girl responsible by law for providing for the parents equally under Section CRPC section 125 i.e automatically all the children should be made respondent under CRPC 125

Also if you want to increase male foeticide

Please inform the parents the following
1. Your son is two times more likely to be accused of False rape then you daughter actually getting raped
2. Marrying your son carries 2% chance of your spending a few days in jail and it is increasing
3. Marrying your son can lead to your life savings sucked out to pay a blackmailing daughter in law and you will not have laws shield to protect you

Now if feminist stop the scare mongering then foeticide will stop

Why did we have high sex ratio of girls to boys in early 1900s and it is now coming down . It is correlated to feminists scare tactics and trying to absolve women of all responsibility. After all who wants to give birth to someone who will suffer and will not take responsibility . It is a natural reaction to scare mongering of feminists