gender-indian

CMM for the Judiciary

2007-02-11T21:10:00.000-08:00

Capability maturity model was developed by Carnege mellon University and is a powerfull method to measure and imporve the effiency and also porvides the tools to measure the quality of the products as well

It defines five levels of organisations

Level 1 : Herioc
Level 2 : Planned
Level 3 : Defined
Level 4 : Measured
Level 5 : Optimised.

If Indian judiciary were to go for Level 5 Following needs to be done

Level 2 activities - planned
Every Cases would have a schedule of dates proveided and variance of effort V/s Shedule would be calcualted . This would altealest let us know what are the realistic dates for finishing off a cases as per the judicial system

Level 3 : Defined
Well Defined CPC and CRPC already exists , Well defined laws actually exists

Level 4 : Measured
Some of the metrics would be usefull are the following
Variances
1. Schedule Variance
a. variance against estimated
b. Variance against expectations ( eg : family court cases have to be finished in 6 months)
2. Effort Variance
Actuall no. of Dates vs planned no of dates
3. Effort leakage
Productive Dates Vs Dates on which next date is given

Witness Efficiency
1. Witness Renegade rate :
Dates of witness not available / Dates on which witness called
2. Witness Processing efficiency :
Dates on which no wintess recorded / # dates witness came on board

Productivity
Turn around time ( disputing parties) :
days taken to decide all the disputes between parties
Turn aorund time ( Cases / category ) :
days taken to decide a perticular case
Requirement Stability index :
# interim applications per case
Median turn around time :
# taken to decide the 50th percentile
90% turn aournd time
# days taken to decide 90%
Resource utilisation :
# hearing hours / total hours on bench
Litgants satisfication Index :
Sample Anonymous surveys

relapse rate :
#Rate of non compliance of orders / # orders :
Aging analysis
% cases by years lapsed
Note : if a perticular type of cases have high volume of relapse rate it implies that normal orders are probably not in consonence with the social expectations

Phase containment
Cases dismissed without trial / cases decided
Level 5 activities
# administrative improvements by use of technologies

I would like to see a day when the supreme court will publish these daily metrics on the website so that ordinary citizens can participate and improve on the efficiency .I would also like to see an electronic dashboard with all these metrics . It is no use to talk of just dsiposal rates

After all "justice delayed is justice denied".
Giving a person divorce on the basis of false allageation after 17 years. What would have been usefull for a person in his 30s since the person could have remarried is no longer usefull for the person in 50s since what will he do with remarriage

SOWRY Harassmen the new bane of indian society

2007-01-20T09:50:00.000-08:00

This is classic article in NewZealand equality forum .
I am reproducing her
and the suicides tell a story
November 19 th 2006Rajesh hasmukh
november 20th 2006 Murthy ( Deccan Herald )
November 21st 2006 Manjunath( Deccan Herald )
One womders what would have happened if victims had been women ?
All classified as sucides or accidental deaths
without cause inspite of history of immediate matrimonial fight prior to death

Sowry Harassment – The new Bane of Indian Society
© Peco Chakravatru 2004

S.O.W.R.Y = Son's Own Wealth Released to You
D.O.W.R.Y = Daughter's Own Wealth Released to You
There is a new evil in Society. This is the SOWRY harassment of husbands and their families. This is a new feature of Indian society. The genesis of this harassment can be traced to the birth and spread of NRIs (Newly Rich Indians) around the Globe, with their money. The method of SOWRY Harassment is linked to the Matrimonial courts, which are geared more towards “teaching husbands a lesson “.
The NRIs, with their money and their peculiar position of having to leave to work, in the USA, Europe or wherever, were the first to feel the heat. These NRIs were educated and the thought of violence was anathema to them, and one encounter with a Police station was enough . Poor guys -- they were threatened with loss of livelihood, prestige and so were forced to make a lifetime settlement -- Rs 25 Lakhs, Rs 30 Lakhs etc. Women's organisations readily admit that there is some abuse. Of course, when a women's organisation admits there is some abuse, then there is lots of abuse.
This 25 lakhs and 30 lakshs of settlement was enough for others to follow suit. This spurted in around 1996 and by 2001 every woman was on their bargain for getting easy money out of a poor sod who did not know what hit him. After all, filing a 498A is as easy as ordering an Idly Sambhar. Actually, it is easier -- the proprietor could refuse to give you an idly sambhar, but the police cannot refuse.
The pattern of behaviour is very simple. The girl would force him, belittle him continuously, harass him, and keep saying you are “harassing me”. “Harassing me”. Keep provoking the guy and his family, till at some point in time the guy and his family decide to speak up, and hey presto your wife becomes a 498A girl. Every family personally knows of men who have been harassed for Sowry .But very few people know of women being harassed for Dowry . Strange ! How come the media sees things differently from what is around me ? This is because of "consciousness-raising" – i.e. propaganda. No matter how gentle the guy is. it is important to force a 498A and ask for settlement. Marriage should not be a regime whereby, for no work on your part, you maintain your “lifestyle”. But through 498A that is what it has become .
Police commissioners and the judiciary have clearly recognized that there is large-scale abuse of the 498A law, and that it is being used for SOWRY harassment. Hats off to them -- they are the first ones to recognize the abuse, seeing that they do not have the power that an idly Sambhar vendor has to refuse to take part in SOWRY harassment
“Oh, but men are not driven to death ! “ Really, the most ignored fact is that men’s sucicide rate goes up by 50% after marriage, while it remains the same for women. Who is harassed more, then ? Where are our tears when men are driven to suicide by women and they are classified as death due to financial problems ? What are these financial problems, if not SOWRY harassment ? One dowry death every 102 minutes and one Sowry death every 30 minutes, but no protection for SOWRY victims .
“Girls are independent and will not just put up with things, and hence now they are using 498A”. Where was their independence and tolerance if they tolerated levels of harassment to 498a levels, before filing for divorce ? Why do I see a 498A being filed before divorce ? That is because a 498A is a weapon of divorce and an instrument of SOWRY harassment.
SOWRY harassment is defined as any demand for money, property or lifestyle which interferes with one's peaceful existence or lifestyle .
Unfortunately this "independence" has brought in more SOWRY harassment and more demands for money from the guys. Why couldn’t the divorce and separation be: ”I don’t like living with you . I go my way, you go your way, you live the lifestyle to which you are entitled, and I live the lifestyle to which I am entitled. I am thankfull for the lifestyle you gave me while you were with me “
It is always Money Money Money. I want all your money and more . I will not give you anything back in return. Neither will I allow a child to visit you. Neither will I provide a weekly amount of sex, or whatever I used to give. Because in marriage only a man is supposed to give . A woman is not supposed to give anything.

Supreme Court is Right in Appasahebs case

2007-01-16T11:30:00.000-08:00

http://timesofindia .indiatimes. com/NEWS/ India/SC_ dowry_ruling_ Reality_not_ taken_into_ account/articles how/1187453. cms

Dhanajay Mahapatra wrongly castigates the Supreme Courts for not understanding the reality .However It must be looked at that this is a poor farmer. When faced with a financial hardships very few options are left . The farmer has to take care of his family which includes his wife . He needs manure to till his farm . He does not have money . What are the options left

One of the options left is to commit suicide . This is an option which is being exercised in alarge number when their families are unable to adjust to the diminished lifestyle the farmer would provide . A surprising reality is that though poverty should have affected both men and women equally and we should see the sucide rate at the same rate but still only male married farmers are commiting sucide . This is reflection of the stress whcih is caused by their family memebrs who cannot adjust to this reality

Another option is to sell ones organs . There are many rackets which have come to light regarding organ trade .

Dhanajay would probably have this farmer choose these two options because men are not supposed to have life force and are supposed to be only a toil animal or kolhu ke bail .

If the reality of farmer asking money for manure is bad , criminal . Then almost every women should be treated as criminal becuase they ask their husband for money for wheat , rice etc & note the sucide of married farmers is many fold higher then wifes of farmer.

I do not have the heart to call this farmer a criminal. He had love for life did not probably want to sell his organs and who can blame him for that .

It is Dhananjay Patra who does not undestand the social reality and the poverty which exists .

Supreme Court has understood the far better social reality of poverty.

Otherwise every women who asks for money from husbands will have to be treated as dowry harasser . because demanding money by either wife and husband is crime under section 2 of dowry prohibition act.

On technical point manure is not property or valuable security so Supreme court is correct . It is a necessity for a farmer .

The tumoultoux year 2006

2006-12-31T21:15:00.000-08:00

The heralding of the year 2006 saw something in the January it was astonishing. The sif site statistics showed a jump of 100% in the month of january a feat that was to be repeated in the month of november again. For the whole year we did not see a single month with a dip of vistors at all.

?The year started with 7000 vists amonth . and ended with over 150000 vists a month a 20 times in asingle year.

the year started quitely enouhg with natural oragnic albiet schorching growth . It started quitely with SIFs persuation and courting at the descicritics news site. a few articles a few debates and Sif made friends in the pwoerfull friends in the intellctual coomunity of the bloggers.

SIf grw from a 30 blogger to a strength of 100 bloggers intheyar 2006. while the script of the SFI was being written and growing in the blogworld in the early part of 2006.

March - July was a time of fiernce debates where ini we were forced to evaluate certain of our assumptions yet whatever self doubts we had at any points vanished with this tremendous churning intellect and we can believe that for all the posturing in comments there was a tremendous understanding. It also established SIF as serious independent thinker of their own right and alo gave a voice to people that gender relationshipp should not necessarily be looked at from the jaundiced feminists viewpoint.

July 31st heralded the arrival yet it was a baby step with SIf members victimisations was highlighted in Media. First of the block were Bharati , Raj and gokul in Z news . It was followed immediately on August 1 and 2 of the two days front page appearance of Pandu Ram .

Judiciary after two years finally took cognisance of the fact that threatening to kill an unborn child for money is a criminal offense in the month of august when they summoned sushmita bag for the same .

The media awoke from it slumber and there were a slew of articles on the same. It vecomes difficult to even recount. Personally I gave 7 interviews of which 6 were shown or published only AAj Tak held back .

The things started calmind down untill Renuka chowdhary gave us our Diwali Gift and made the now infamous statement " Men to suffer " showing the true colours. Some research by SIF also showed that renuka's daughter Poojitha had filed a dowry case against her UK based Husband. Whether true or false one doesn't know. But it is clear that all the women in NCW are either divorcees or had some kind of experinces which they classify as bad.

This gave a chance for SIF to jump in the fray .

CNN IBN swarup literally walked into the women organisations lair and argued against 3 feminists flavia agnes , Sagarika ghosh and one unnamed person who claims to be a victim .

folled up with India today , Times of India , Hindustan times , Indian Express all of whom gave to our surprise a resonable balanced coverge. Menwhile on October 30th the first dometic violence case was filed and it was found to be a false case and this was the case of Azim premji ,Gaurav Nigam and Tripti . Tripti based her case on a false premise based on false facts . Judiciary has been surprisingly gracious enough in not charging her for misuing the judiciairy.
Save Indian family provided full moral support to gaurav and encouraged him to to speak to the media through a press confernce . Tripti who till then was like a lioness urging and forciing the media to show her story suddenly found that she needed to consult a lawyer and comes with a weak statment that she loves her husband. Suddenly she finds love for her husband after ranting about him in the media ?

NCW was shown to be badly out of touch with reality and changed social conditions as they blundered through the adultery issue.

Finally ponds provided a befitting year end gift by withdrawing their ads respecting our sentiment and recognising that their ads could act as provocation to file false domestic violence case .

Time to wean away women from economic crutches

2006-12-25T01:30:00.000-08:00

for centuries untill the mid twentieth centuries women were not granted permission to engage inthe economic activities and take care of that . They were made to be an economic burden on some male . The dowry system was prevalent in many sections of the socitey and country with the recognistion that it was unfair to place the entire burden of economic wellbeing be placed on the husband and was a response to this recognised unfairness.

As the twentieth century progressed the hurdles towards women participating in the economnic activity strated reducing and by the 21st century the hurdles have more or less dissolved in most sections of Indian society . Strictly speaking now with independent access to economic activity the women no longer need to be dependent on the husband education

However it is being seen in court that women still treat themselves as "Abla Naari " needing financial assitence from some male mostly her husband. Given the current social scenario now it becomes imperitive that women be weaned away from this dependency on income earned by husbands sweat. There is no longer any need for demand financial assitence from husbands to run their lifestyle .

The hindu marriage act also clearly staes that when a women has access to independent income then she is not entiteled to financial assitence in form of maintianenece or alimony .

Unfortunately financially independent women are still misuing the maintenence laws ( CRPC 125 ) and the section 24 of HMA to demand high money to gain financial assistence. These unscrouplous women even go to the extent of leaving their jobs just for getting hte women from their hubands in a vicious scorched earth policy . Many such cases have come to our attention .

Many women refuse to work inpite of thier husbands encouragement using the sixteenth century logfic that they should be dependent on their husbands.

Many questions asked of Raj Kaushal the marital Counseller from Save Indian family of India TV were of the nature of women not feeling comfertable about going back to work though there husbands wanted them to . After birth of the child they had become more confertable with doinig minor household work with mother in law as unpaid servant .

It is to be understood that it is not as if men feel very happy or comfertable in work environmetn but they do what they have got to do . similarly with the barriers towards economic activity removed it has beocme time that women who misuse the maintenance laws and want to hide their lazyness under the logic of "able Naari" be no loinger entertained .

The scope and canvas of opportunities to run their lifestyle is vast .

Let the men and women live and run the life style to which they are capable of and in the form they want without having to support anothers lifestyle.

Yes 21st century is about taking responsibility of for ones well being .

I can feel nothing but contempt for those families who deliberately did not educate their daughters to be economically capable based on her capacbilties and then want some other male to support for their own wrongdoings

The society has changed . LEt not people who have committed wrong doing of not educating or making their daughters capable go scot free from their own wrongdoing .

Do we need younger and more modern judges in Family courts?

2006-12-23T17:35:00.000-08:00

I had nice day studying the working of the family courts in the Bangalore Judiciary . I am little dissapointed that how little work is being done in a day.

Some telling Figures

Total number of cases listed : - 64 .
Total hours in judiciary : 4.5 hours
Total hours spent on giving dates : 3 hours
Total hours spent on Actual listening to argutments or giving orders : 1 hr 3o minutes

Other Metrics.
No of pages of orders in the day 10 and that too 10 typewritten pages not word document pages of font size 10. I typed a 30 page judgment in a word document into 5 pages word document so you can imagine the productive.

Now I come to the crux .

Real productive work

1. Two evidence of 10 minutes each
2. Argument on maintenance of 5 minutes
This was a really well argued by a yound lady lawyer which gave a me a complete reason as to why we need younger judges in family court
3. Argument for a 30 minutes on child custody matter.
We need younger judges and lawyers becuase it could have been wrapped in 5-10 minutes and in my not so humble opinion in a different judgment I will tell.
4. Remaining 45 minutes on just asking for money from husbands .
Of course it beats me in the 21st century why can;t these fit women work and live their life instead of demanding money from their hubbies

all the remaining cases came up for next dates . A reality which I have seen from many ofthe cases that in any case not more then 1.5 hours is spent on a case . On an average there are 1200hours for work in judicial systems. That means each judge has capacity to dispose of 800 , 850 cases. A capacity in bangalore is of 1700 cases per year . There are 2000 cases filed in bangalore per year . More then 50% go through mutual settlement .So the real amount of cases are only 1000 . So between two judges there is enough capacity handle the current work load. If the many of high productive methods are applied. Comfertably the family court cases can be decided in a year with the current capacity infact the judcial time spent can be increased to around 2 to 2.5 hours per case.

The case which got me thinking that maybe we should increase productivity is here ?
Now let me now tell you the case of 30 min the guy wanted to take his 3 year old child for christmas vacation to kerala with his parents ( childs grandparents ).
The wife alleged that whenever the child was left with the husband then the child was given hotel food etc.

The issue is
1. Can a father be allowed to take care of child for 7 days ?
2. Is this father such that should not be allowed

The argument happened on for 1st point itself and finally judge gave his decision on this matter by saying that a child of 3 cannot stay with his father without his mother ?
30 minutes should not have been wasted the judge should have said his mind is made up he does not believe a child of three can stay away from his mother for this duration. Should have finished in 3-4 minutes ?

This has however made it very clear that we need judges from younger generation of man and women who have seen confident men taking care of their baby aged children. Many men gift their wifes spa holidays of two - three days away from children . My nephew of 2.5 year old stayed with me for 7 days to allow a break to the parents of the child and he stayed really happy . The older generation judges have never themselves confidently looked after baby aged children and hence protray their own fears amd not recognising the reality of the new age men who is confident of looking after children.

This was was right judgment for his generation not ours.

Breaking News: Azim Premji in another DV case

2006-11-26T01:23:00.000-08:00

This post is my imagination and Can't I have more fertile imagination then women.
-------------------------------------------------------------------------------------------
The National Coalition of wipro wives ( NCWW ) lead by shurpankha chaudary have filed multiple DV complaints against Azim premji claiming that their husbands are not taking them out to dates becuase Azim premji did not provide them with the Dating allowance. hence they feel mentally and phyisically harassed.

Azim premji however denied the allegation that there is no dating allowance in Wipro .As evidence he said that a perticular lawyer called Nandalal Jaiswal has all the evidence that wipro gives dating allowance .

To provide succour to the beleagured CEO a lady called Tripti Nigam has clarified that Wipro provides dating allowance .

SIFF lead by Laxman have suddenly relaised that obviously no women could lie . but then 70% of the wifes are beaten every year through some media reports . But then UN study shows only 0.56 % are beaten. The answer lies in Azim premji who visit 69.44% of the household every year and beats up the wifes and have praised Tripti for showing them the way and have started calling her as Kalki avtar . Azim Premji has confessed to using dating allowance as weapon of torchure for his intent

Narayan Murthy meanwhile is upset becuase he uses the dating site as his weopon of torchure .

When a wife keeps throwing boiling rasam at a husbands face and refuses to stop verbally abusing him ( sorry nagging , I forgot wives do not abuse ) the husbands. Chup ho jaa warna Azim Premji.

Meanwhile Justice Sema and Justice Arijit Pasayat who coined the term " legal terrorism" having seen so many false complaint which in Court have finally declared that they are Gopies of IG Radha. IG radha's wife however claims that both the justices have computer at home.

Rajesh Hasmukh -Tumhe kisne rulaya

2006-11-21T19:59:00.000-08:00

A SIF member from ahmedabad reports
"Rajesh's suicide too points to some doubt Barrista->Meet with wife->suicide( can't digest right away, anyway let kalpesh give us more insights on what he personally thinks, as to what really would have happened)Rajesh Hasmukh Desai was a SIF member since few months. He was livingin Satellite, Ahmedabad. On 29th March 2006, his wife filed 498A afterhaving 10+ marriage life. One daughter during marriage life. Rajesh was a SIF member and also a false 498A group member in Ahmedabad zone.Sunday night at 11 PM, he was with us in Barista coffee shop. Suddenly he have a call and he left Barista and said my wife is coming on myhome. I said call me after completing your wife issue tonight. But Iread today's Gujarat Samachar newspaper and hang up hisself. "

Rajesh you will always be in our hearts .

The culprits have to be brought to justice .
A trial needs to be done allow rajesh to prove/disprove that he suffered domestic violence . It is now our legal system on trial . Will they bring to justice the culprits ?

Teenage girls gets highest ever marks for SIF particapated Project Assignment

2006-11-18T00:03:00.000-08:00

"498a Sociology Project" initiated by SIF in Mumbai has topped in the College where it was presented. This was in Rizvi College Bandra in First Year Mass Communication. This project tops all other projects and secures 70% and has broken previous records as it involved passion of the students they also performed a skit during their presentation. The students led by Sneha Kala, were quite moved during the project when they had attended the mumbai seminar, interviewed some victims and saw the Zee Crime Reporter programme. The Teacher of this subject appreciated by taking the whole team to the canteen after the presentation and had a coffee with this group, this according to them was an achivement in itself. she(the faculty) was so impressed that the marks tell the story. She had initially opposed but the students never gave up. they said it is a project based on their true experiences with victims.
Jinesh the SIF activist who has represented SIF in many forum here says this
" Remarkably the Girls in the group are more sensible to understand this problem as my observation goes so far. The guys remind me of our happy go lucky attitude. but well no discrimination, as a unit they did well".

My support is for 30% reservation for women . Currently the political parties push the women interested in in the women's wings . they start their career in women wings and this causes a lot of emotional and mysandryst baggage . The current crop of women M.P.s all have come through the same lines. With women coming from multiple backgrounds they would have got a real law not this tandav astra law in thename of domestic violence act. they would have questioned and allowed the male M.Ps to have a healthy debate.It would allow the women with love in their hearts to represent the country no the current crop of women who only have a deep rooted hatred for men . As mentioned This law strengthens the hands of hatred filled shurpankha and wrecks vengence on decent kaushalya

Opionion poll on domestic violence Times of India : 87% say innocent men may suffer

2006-11-12T06:48:00.000-08:00

There is simply too much of physical evidence of misue of dowry and 498a laws by women . This law is even more abusive and allow easy abuse of an incovenient husband with lot more illgotton gain in the bargain.

Shurpankha's who do not stop anything for reaching their ilgotton and unethical and wrong gains have been provided with a stronger shiva's tandav astra now in addition to 498a brahmasastra

That misuse is evident and visible part of the society is witnessed in the times online poll
http://timesofindia .indiatimes. com/vote. cms
Opinion Poll ResultsThe Domestic Violence Act will empower women.
Yes, there is hope at last 10%
Most cases are never reported 3%
Innocent men may suffer 87%

economic parasitism of one gender

2006-10-14T05:59:00.000-07:00

Its official the one gender organisations want to take wring men in cleaners.

There has been a lot of demands from the womens organisation for enhancing the lifestyle of one gender through other gender' effort effort.It is promoting economic parasitism or in other words Sowry harassment .

It is but common sense that when the freedon is provided to work every person should work towards supporting their own lifestyle. However the observation have lead to conclusion that organisations supporting one gender seems to be making a lot of noise about enhancing the lifestyle in the 21st century using the 16th century model .

Supporting the lifestyle of one gender in the 16th century by another gender seemed to make sense in the social framework given that the supported gender was not allowed to earn their lively hood.

Given the 21st century nature of society where in no gender is barred from earn their lifestyle this kind of need to harass one gender for money is coming as big surprise.

Survey conducted by SIF NGOs found that one Gender is cornering all the lifestyle enhancing benfits . In the city of bangalore only one gender recieved support for enhancong lifestyle beyond their capability from another gender and even doctors and engineer of a perticular gender recived support. The ohter gender even if they were secuirty guard , driver or plumber received no financial support from other gender.

In many cases one gender was forced to live at 70% fo their capability and supporting another gender with upto 30% of their income.

Also only one gender was intimidating other gender through false and unjustified criminal cases. Only one gender it seems was reciving money for their crime . The crime of harassing other gender through legal terrorism .

So tt is not supriising that economic parasitism of one gender is increasing and the abuse of the justice system is happening because one gender has been given a wholesale free licence to abuse another gender and wring them in the cleaners.

The one gender even though 5 years younger in many time still wants the support to enhabce lifestyle instead of wating for 5 years to earn it.

Famous persons in 498a Decent folks we have to support

2006-10-02T04:10:00.000-07:00

Manoj Prabhakar
It is absurd to believe that after 16 years a dowry can be an issue in marriage . Also in contravence of normally seen the son is with Manoj . Does the son know something about his mother that is why preferred to stay away. Inpite of the fact that fathers are away working and hence seldom gets chance for close bonding with children

I.G. Radha
Suffered mental trauma and harassment to such an extent that he started beliveing in being an avtar of radha . A 55 year old IG requires support.It was seen on TV that his nose was bleeding after his wife tried to pull his nosering out. (Physical torture anyone )

Naveen Nischal
Wife commits suicide because of his refusal to give in to her illogical and illegal demands that he give the flat bought by his effort and in his brothers name to her . It was well after 2 years of separation . Tomorrow for every student who commits sucide we might as well jail the examination board members . Why shouldn't he get that same sympathy Rekha got after her husbands suicide.

Ambati Family
Ambati family produced a cassete of their daughter in law demanding 500000 in court. In Aitraaz we saw trhat the judge suggested that Akshaya kumar had the right to file for defamation. Should same have been done here ?

& Finally Justice Kapadia yes the one who faced the question in columbia on misuse of section 498a also came out on the open that 498a is being misused to harass the husband and their family . Follow the foot steps of Arijit pasayat and Sema

But Sir , lordship , Your honour it is not enpough to say it is important for us to see something positive on ground . My suggestion

1. Dismiss false cases pronto
2. Take Suo moto cognisance of some of the false cases.
3. Set precendences on discharging or quashing of these cases.
4. Set up saturday discharge melas to stop these cases
5. Set up emergency counters on holidays to hear bail applications so that friday arrests are avoided

Be bold sirs do not worry abot womens organisations breaking your chairs or tables . After all you have taken the oath of implementing justice irerespective of gender.

Open the courts in saturdays and Sundays for family courts .Take leave on tuesdays and wednesdays instead

and give priority here to outstation witnesses on saturdays and sundays.

When you can ask Doctors to be avl 24 hrs on emergency basis why can;t court stay open on staurdays and sundays after all it is the question of life and liberty of an individual

What is SOWRY , what is Dowry

2006-06-12T23:06:00.000-07:00

S.O.W.R.Y : Sons own wealth released for you
D.O.W.R.Y: daugheters in Wealth released to you

Sowry is a demand for valuables made on husband & hs blood relatives which he does not want to give
Dowry is a demand for valuables made on wife or her relatives which they do not want to give

Save Brand India

2006-05-28T02:23:00.000-07:00

Save Brand India
Save Brand India is about the protection of hardworking and decent people and rewarding talent and hardwork.We need to look at Individual justice. Induvidual justice should be our mantra.
Merely becuase 50 years back there were some attrociaties is no reason to deny opportunity that person who is currrently most suitable to do that profession. If we need best 5 miilion IT professional. Then the best 5 millions shall get. In this country there has to be right to the work for which you are best suited to.
Right for the justice system to take only into account inidividual systems irrespective of gender , Caste , creed etc.this is guaranteed by the constituion not by law or by government Just as Every one us welcomes the step that priests to be made priests on merit irrespective of caste.
I also welcome the this innovation of Save Brand India to ensure that the best available are choosen .
India shining hapened as result of tireless effort of many of our young in 1990's( now middle aged ) who proved the caapbability of Indian talent. Now the current hardworking lot to take India to the next level.
An It has happened inspite of Goverment not becuaseof government.
Probably after 50 years the time has come to start rolling back the quantum of reservation in every field . 2% every year starting next year .

Its our fault also . If we can get 4000-5000 folks to pretest in rally why cant we get a paritrana corporator in next Banglaore Elections. ?????????????

SIF , Lady Judge and the suicide note

2006-05-02T03:29:00.000-07:00

I saw the crime story a lady judge has been accused of driving her daughter in law to suicide. There was complaint put by the said daughter in law to the police and later it was B reported by teh police with both parties agreeing. 6 months later the daughter in law commits sucide with a suicide letter which acts like a bomb against this lady judge. Its a veritable suicide bombing .

Flash back 3 years back

SIF member is being asked by the same lady jugde to compromise and start living like husband and wife . After all she is your wife .No women wants to harm her husband and inlaws. SIF ( it was not in existence then though the member was ) member retorted " Madam in case god forbid if you face the same situation do not follow your own advice . Its my advice once a girl goes to police station then she has declared her intention to harm what will happen if she commits suicide with intention to harm me by creating a letter bomb? I value my liberty and dignity and I will not take her back becuase if she does some harm to herseof it will come back to me in a much more horrific form "

Cut to the Present

The lady judge followed her own advice not SIF and paid the price. She is frantically trying to save her liberty worrying if this judge is anyways against her etc.She should not have compromised at the police station and allowed the case to go on . Its heavy price to pay for not following SIF advice.

She is being shunned by women achiavers guild which she helped built and her women organisation friends now .

This is a warning to the judges . Remember you also have nephews & sons. You never know the next innocent could be YOU though yea be a judge !

President of Indian Acknowledges the SIF

2006-04-08T22:40:00.000-07:00

Heart Felt Thank President Abdul Kalam .

You came to bangalore on 1st week of April 2006.

A question was asked to you by a lady law student . There are lot of innocent people who are being harassed and victimised under the Dowry and 498a laws . what is being done about it .

President said thare are lot of harassed husbands on the internet.It is the responsibility of the other people in the panellist ( judiciary ) to ensure no harassment happens. After the Supreme court which called misuse of these laws as legal terrorism and asked legal system to take care no harassment occurs it was the turn of the president to imply the same .

President cannot be unaware of such things after all he also faced a downright ridiculous arrest warrant against him a few years back similar to what many harassed husbands have faced. President we are co victims of misuse of law and processess and as a person in power you can do something.

Thanks president for not saying you have no awareness of the harassment and misuse.
Inspite of being bachelor and free from such harassment you have shown great empathy. Your one acknowledgment of our pain and not trying to brush it under carpet does wonders for our morale.

You will see more follow up questions on this line in your town hall meetings . After all the presence of SIF in the ground is only beginning.

Together we should should built a society which is free of mysandry and of course mysogyny

Could this Girl Child have been saved

2006-03-07T22:10:00.000-08:00

I got a mail from Sachit regarding the murder of his unborn daughter. He tried all to save his daughter from the fate " female Foeticide" . He went to the police asking them to protect his dauighter from being aborted quite in advance before it happened becasue he was made strongly aware of his in-laws plans. I wish some action had been taken by auithorities.
But in one hand to rail against and sing " mera yaar mujhe mila de " and not allow decent fathers to protect their duaghters from being murdered oncee agains exposes the chink of not allowing men to save the inidan daughters.
My heart grieves for the tragedy suffered by Sachit. My helpline I receive many grieving fathers who have lost their children including daughters and are made helpless in saving them

Save Indian child

For those of you who want to save the Indian child male and female fron being mindless deprived of parents and mindlessly murdered ( aborted ) join the Saveindianchild group

My letter to MOIA : Moia is welcome to respond

2006-02-13T20:54:00.000-08:00

My open letter to MOIA .
MOIA and others are welcome to respond in the comments section.

http://www.498a.org/contents/Publicity/IndiaWestArticle_498aMisuse.pdf

Sandhya Shukla
Worry that the Pamphlets being planned to be distributed by MOIA under theintense pressure of NCW and Womens organisations could lead to NRI bashing. No doubt there are a few cases where in some girls are troubled by theirhusbands but then the law of the land protects such girls even to the extenst ofallowing them to file cases withot requiring any evidence of the same It is imperitive to warn the young NRIs of the danger of marrying wrong kind of girl who are marrying them for immigration and then proceeding with DOwrycases ( also known as Dowry Immigration fraud by US embassy) . Since in Such cases govt of India has not helped such Hapless NRIs and have unfortunately been made unintentional party to abuse of Decent NRIs and their elderly parents. Neither are there any laws which helps them protect against abuse .So it is more imperitve to warn them becuase Indian govt does not have laws to protect them

US counsulate and canadian counsulte has already placed these warning or NRIS.
Even though they are not citizens. We should do that same for our own young innocent boys to warn them to becarefull of marrying girls and do a thorough background check There are typically 4 resons for these dowry cases being files 1. Hum dil De chuke sanam 2. Adultery 3. SOWRY harassment or ( monetary blackmail) 4. Marriage by fraud ( education , mental health or otherwise) other are irrational competion with their husbands and unnatural controllingneed to cut of husband from his parents affections. Our people shall definitely meet the MOIA represntatives on your June 18th meet we alread of over 200 cases of abuse of NRIS and their elderly parents and shall be soon publishing our findings on various publication forums including through the saveindian family research section Hope we get a reasonable response from MOIA which is responsibile for helpingout overseas Indians including men and elders as well Let us celebrate and help these hardworking NRIs who have played a great rolein giving India a strong image makeover and let us not tarnish their image
Bharati
Social activist Banglaore
www.saveindianfamily.org
www.mynation.net
www.498a.org
Contact us at : http://groups.yahoo.com/group/saveindianfamily
Volunteer Helpline Numbers (limited contact hours)
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NCW against the saving indian family and marriages

2006-02-05T20:41:00.000-08:00

ERcent new clip that NCW has proposed removal of the restituation of conjugal rights from the law section clearly demonstartes that NCW is more interested in acting against indian families and indian marriages. The RCR is an attenpt to save the Indian families. Sponsoring laws which would lead to arrest of elderly folks , innocent women and children and innocent and decent productive men without need of evidence shows the true colours that NCW is really against the Indian families. The RCR is only a civil law whcih does not imprison innocent.My question to NCW how many innocent women hae been imprisoned under the RCR law ?

Should I wear Spaghetti Top for the Save Indian Family Raod Show

2006-01-15T22:19:00.000-08:00

Saturday I wore save Indian Family T-shirts and went around forum , MG road and majestic. Met some ex friends from wipro & infosys and they were very much supportive and have promised to join the Bangalore Roadshow wearing the SIF t-shirts being planned in the month of February.
My save Indian family darlings I am planning to wear white Spaghetty Top & black long slit skirt what do you guys say will it attract more crowd ?

Key to deal with Re-concialiation chamber of horrors

2006-01-01T00:19:00.000-08:00

Per the family court laws any dispute will have reconcilation with a women reconciliator. Many of our SIF members and on the ground members reconciliator felt always side with the wife no matter what.

Profile of the reconcilitors

Many of the reconciliator have experts in womens studies & womens issues example Dr. Vijaya Vasanthi is a phd in women's studies , Lalitha shastri started an NGO for women . Many of them are part of womens achivers network . Ambika is part of the women guild , Ujwala Mandgi is celebrated lawyer who fought Anil kumbles child custody cases which effectively sealed any chances for men and they have been reduced to beggin for few hours in childs life

Most of them have tie up with some womens organisation other which have spawned laws which have lead to innocent mean and elders being jailed without cause.

I havent' seen a single reconciliator support for joint custody or giviing for 2-3 daysevery week witht eh husband .
In my personal discussion I have found that they against husbands having any say to prevent an unborn child from being murdered ( aborted )

To my knowledge not a single of them have spoken about the problems of the husbands and the harassment of the men . Not single on fo them have supported making 498a Bailable whcih was recommended by judiciary
We have to understand that this is the product of several centuries of conditioning that men do not deserve anything as rights and are economic & security slaves for the women we cannot personally blame them

How to handle the reconciliation chambers

Give the wife a chance to speak fully utilise the ladies first
Keep a 90 second speach ready and finish it in 90 seconds.
Treat them with respect but politely decline to explain saying that you have already written your plea in the court cases.
Refuse any settlement attempt saying that though you are ready for out of court settlemetn it has to be really out of court.
In case they mention that it is only you and your wife who are involved .
Mention that per societal norms parents are your responsibility and you cannot bring harm to their mental state and any black spots on the their feeling of moral uprightness
If they want to furthur reconcile that you are ready but that courts times should not be wasted and that you are ready to be reconciled at their NGOs or their office out of court hours and bring an SIF counsellor along with you.
This way any blanket statement made on presumptions of men and women can be tackled by SIF counsellor
any detailed reconciliation has to be done with SIF reconcilition becuase many of the protections to be required are ignored in settlements.

RCR or divorce

2005-12-27T04:11:00.000-08:00

The SIF recommendation is that unless there is urgent need to safegaurd rCR or Restituation is best option for the following reasons
1. Our observation it does not decrease the time for finalising your future either divorce or RCR becuase a divorce is grantged only when the women is fully satisfied so when you file divorce does not matter
2. Protect your parents from needless harassment
3. Has nullyfying effect on Section 498a and Dowry
4. Puts to lie the false allegation that it was you were the aggressor.
5. Gives a chance to save the family if the dispute is small whcih is going to be blown out of proportions by Feminist organisations and lawyers.

2005-12-20T05:33:00.000-08:00

Courtesy: Rahul Chawla

UNITED WE'LL STAND

We arose from the indignities gifted by our own wives,

We're Hindu husbands living tortuous lives!
Being a “Male” we are not even allowed to shed a tear,

But, we'll show the world that we won't live in fear.
They are trying to destroy us using IPC498A,

We’ll show them we too are not illiterate or Gay!
With flags of SIF full unfurled, we'll fight day and night,

To protect and defend our parents’ ‘and ours right.
So united we'll stand for the whole world to see

We're the home of the brave and we all will agree,

United we'll stand in the land of the free!
They broke our trusts but our self-esteem did not sway,

And we're makin' our come-back a “Real Hindu” way!
We are Loyal, Honest, and that's how we'll stay,

No “Legal Terrorist” can take that away!
So united we'll stand for the whole world to see

We're the home of the brave and

we all will agree,

United we'll stand in the land of the free!
A new brand of heroes emerging from the crowd,

498A worriers, you will sure make India proud!
No fear of Jail can daunt us,

we'll fight to the end,

Unwavering, unfaltering that's the message we send.
We are Loyal, Honest, and that's how we'll stay,

No “Legal Terrorist” can take that away!
So united we'll stand for the whole world to see

We're the home of the brave and we all will agree,

United we'll stand in the land of the free!

*******With Appologies to Patricia Welch *******

Counter Terrorism by an Expert

2005-12-10T06:07:00.000-08:00

Counter Terrorim Expert ( Retd ) Commander Nagesh Ramaih of the Indian Navy who saw action in srilanka has this to say when fighting terrorism .
Step 1 : Recognise that what you ar efacing is terrorism
Step 2 : Publise that terrorim is occuring ASAP
Step 3 : Safe gaurd your assets and loved once first
Step 4: If the terrorist says they want to be normal citizen allow them provided they renounce terrorism publically and apologise fo rht ehurt cause
Step 5 : If the terrorist continues with the terroriwt activities then ensure that the terrorist and their sympathisers face your full wrath and power

Vijay confesses that it was this mantra provided that helped him in this regard. Commander Nagesh told him that he is facing terrorist activity by his wife when she filed dowry and 498a against him and he needs to follow this 5 step processes

Hence the step 1 is interna and he recognised that he is facing terorist activity . Vijay then proceeded to inform the high court of the terrorist activity he was facing through CRLP 4121/2003 . Though the chances of a successfull 482 petition are low his intention was to inform the courts that terrorist activity is happening. then step 3 was folowed by keeping his parent out of action & whenb his wife wanted to be in step 4 he agreed provioded she genuinly has repented on her refusal he is on to step 5 which was that he will ensure that terrorist and terrorsit sympathesors cannot function.

Vijays wife has no choice but to face music becasue to call anyone a "dowry" boy is no joke

Supreme court and karnataka High Court gives refuse to entertain legal Terrorists

2005-12-06T08:57:00.000-08:00

Karnatka High court refused to entertain 498a terrorists and Supreme court agreed to it in 4121/03 deceded in mid 2005 in historic decision signalling that no longer that courts will watchand allow obviously innocent people to be harassed under the 498a law.

Close on heels of its famous Legal Terrorism judgment Supreme court upheld this unique judgement

Lighter moments happened when the plea was made that it is not dowry harassment but a sowry harassment case. Regret that Sowry harassment didn't find mention

Mahesh Tiwari a supreme court lawer says that now such is going to be a feature in near future where in judicially rare cases would now start to be quashed and with the recent recantation in the famous incest rape case the courts will now be cautious on prosecuting cases merely on statements of the complainant and would demand concrete evidence.

Anthony a law student in bangalore says that merely because it is difficult to prove what happens behind 4 walls is not a justification to prosecute cases on mere statements.

Some interesting excerpts from this judgement

But in cases where in the allegations of dowry demand and the dowry harassment are made by an aggrieved wife , if the complaint itself shows that the demand was not for dowry and the alleged dowry harassmet was not dowry harassment but a material dispute , the courts can certainly interfere
13. In light of the principles mentioned above , I have carefully gone through the complaint and have considered teh submissions of both the learned advocates. . The complaint itslef shows that the marriage was performed in XXXXX in 1999. and though the complaint has alleged that form the day of the marraige itslef the harassment by mother in law started , what type of harassment given has not been stated and it also appears to be absurd to say that the mother in law harassed daughter in law when according to the complaint for about 31/2 years from the date of marraige , the mother in law dod not reside with the newly married couple. Therefore the cllegation of the complainant will have to be considered carefully.

Furthur absurdity can be seen

28. As regards to the alleged beating of the respondent number 2 by teh petioner no 2 it is submitted by the learned counsel for the petioners that it is absurd even to think that an old lady of 65 years would beat an independent minded educated young lady who also happens to be a state cricket player. I refrain from expressing any opinion regarding the truthfullness or otherwis eof hte matter

and furthur

Before Considering the matter , the principles required to be considered a prayer for quashing the F.I.R will have to kept in mind . The Supreme Court inthe case of State of Karnataka Vs. Bhajan Lal reported in AIR 1992 S.C 604 disapproved the tendency in scuttling investigation and observed as follows. but observed that where in allegations made in the FIR or the complaint are so absurd and improbably on the basis of which no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused , then also intervension by court is also permissable.

Unfair expecation leads to divorce

2005-11-08T08:31:00.000-08:00

When Manish Pradhan , a Management Consultant, faced his wife in a Bangalore court yesterday for the final hearing to end their seven-year marriage, he knew where to pin the blame for the breakdown: Intolerant Feminism His wife, Iluja, 26, is a MBA who dabbles in jewelery and yet continuously invested his money in this loss making jewelleries business Manish, 28, says he had no problem giving her money for her to play business -women but her constant demand that he take a second job to finance her business rankled him. Couldnt' she spend a little in her not doing well business What also rankled was her sneers & jeers when he performed puja (prayers) and wearing Sober dresses “I don’t mind wearing colourfull or flashy clothes on occassion , but to expect me to wear such clothes all the time was not suitable,” he said. “I was constantly belittled for following Indian tradition, she’d ask, ‘Why?’ I’m all for business women and that is why even though it was actually eating of my money then actually lending a hand in the household expenses I acceeded to her demands to keep peace. Indian marriage is in crisis. More and more young couples like the Pradhans are getting divorced. Although no reliable national statistics are available, the number of divorces within the first year of marriage have risen by around 30% since 2000. Seven out of 10 involve couples aged 25 to 35. These statistics are all the more shocking considering Indian society’s obsession with marriage. Weddings, which often last for days, are both highly expensive and lavish by western standards. Traditionally to be unmarried was to be a circus freak, a divorced man was a curiosity and a divorcée was viewed as a painted Jezebel. But such perceptions are changing, even though some 95% of marriages remain arranged. For centuries Indian men were expected to “finance ” to their wife's lifestyle , Beauty parlours even in death — a classic euphemism meaning a groom must wear himself to the death and pay money even after death and bear stings regarding lifestyle and living in style barbs from his in laws and wife and endure virtually allegation of all sort and constant belittling him. The new Age woman lacks their mother's fairness. The new man is smart, intelligent , equality oriented and expects the women to pull her own weight in marriage and not harass the husband for money . But Increasingly economically parasite, the new age wife is no longer prepared to work towards lifestyle and expects the husband to fund her lifestyle, pay for her IT trainings , Invest in her loss makin business as well demands sponsoring cousins, brother and in one case her ex-boyfriends foreign eduction ( that last was done under the threat of IPC 498a an dowry ) . “Women are driving the change. They are the ones making loud demands of money demanding that he fund a training insitute , use influence to get a sister in law job in IT industry ,” says Mihir Desai, a writer “Indian Men are now are confused and bewildered. With women making so incessant demand for money to become business women and trainings as never before , the men are really struggling to earn.Earlier he could refuse but nowadays he is not allowed to even send money to his parents ” The onus, according to Mihir, is on men to change. “They have to realise that women no longer need to be married to get the mans money . She could file a section 498a case or dowry case and the man might be forced to pay a lifetimes meal ticket” Mihr said. “Women now hire maids to do household work and expect men to pitch in for the remaining half . What they want now from marriage is a servile economic slave .” Take Trupti Indurkar , 32, who 498ed her husband after four years of marriage because she considers men are born to give money all the time and when she was asked to pay equally for household and other expenses she filed a dowry cases. “Men are supposed to care for women and everthing of men is wifes ,A man is traditionaly expected to even sell his kidneys if needed before even considering selling jeweleries to meet any expenses” she said without even a touch of irony. Swarup a famous mens rights activist adds footnote to this ” Many males appear reluctant to change with the times. It is time that they put their own needs before wearing themselves to death sponsonsering the lifstyle , education and need to apear to be doing something cool" A recent survey of 162 Accross the globe Indian men condicted by SIF , 87% said that hedonoistic lifestyle expectations to be sponsored by their husbands is th major cause of marital friciton. On line columnist Peco Chakravatru Terms this as Sowry Harassment . D' souza , a Family harmony activist, accuses women of trying to have the best of both worlds: “It suits women to continue with the old ways asnd demand alimony . They want their husnbands to finance their business because they to project an independent profile, but they hate it when she is asked to pay half of the bills. Militant feminist is responsible shince they have started sponsoring plays like shoot the mother in law ” . The question is how soon will Indian men finally Learn to take their own interests before sacrificng for the undeserving members in the family “It’s going to very difficult,” says Jinesh Jhaveri. “They have been brought up for centuries to be sacrifce lifes for their women". Kevin walia secretary of PSS says " This divorce rate , misuse of the dowry laws and section 498a is a wake up call . The new Domestic violenc bill is also another clarion call for men to start taking their own rights seriously " final words from Dr. Anupra one of the rare equality oriented women " May it is time women bought their Own houses and sponsered thier own lifestyle instead of asking a man be it Husband , Brother or Father to subsidise it "

DCP pande throws a challenge to Nidhi

2005-11-07T06:04:00.000-08:00

DCP Deepak Pande throws a challenge to his wife Nidhi . He is ready for Lie detector test . I am interested to know Nidhi's Response
Is it marriage between Ravan and Sita as Nidhi says
or between
Ram and Shurpankha as DCP pande says
For more on Ram, Rava, shurpankha and sita read Jinesh write up on the same
http://indianhusbands.blogspot.com/2005/08/498a-made-for-sita-but-surpanakhas-are.html

Common Nidhi accept the challenge otehrwise you will get characterised as a Shurpanakha

Bharati & sumanth are available as Helpline.

2005-11-06T03:46:00.000-08:00

Bharati and Sumanth are Available from Wednesday the 9th November from this helpline 24 hours
91-92434-73934. But guys / Girls please call us after 8:30 P.M. and before 9:00 A.M.

Multi Lingual support on this helpline
Kannada , Marathi, Telegu , Oriya , Hindi and English

We are available to regale you with stories of
a. The False cases 498a and Dowry
b. Strategies to understand the intellectual architecture of the Reconciliators c. How to get the elders Helpline to recognise the Elder abuse.
d. Yah Yah , strategies , 498a miuse, Dowry misuse , gender Relation Misuse etc.

By the way this helpline is meant for you and me to feel better and improve our actions and essentially enjoy life as it exists .

So Call us when

498a gets you down ,
When CAWC calls you ,
when Kiran Bedi sends you a love letter asking you to meet her else she will take some action or
Reconciliators want to enjoy some counselling sessions with you . We can open their question papers for you the way even your lawyers don;t do

Time you also enjoy the experience of 498a and have fun the way we are doing

Beware - False 498a is injurious to health

2005-10-25T00:46:00.000-07:00

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 .

Some observation from various High and Supreme Courts Courts

2005-10-23T03:39:00.000-07:00

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.

Kiran Bedi in dock for illegal summons by her NGO

2005-10-16T22:08:00.000-07:00

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

Brave Ten year old Foils "Gender Sensistive" Psychological tricks

2005-10-15T05:08:00.000-07:00

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
http://www.indiatalking.com/blog/swarup/1435/#c1491
& by sumath here
http://www.saveindianfamily.org/blogs/2005/10/13/child-says-no-mom/

Feminist Responsible for female Foeticide ?

2005-10-13T00:34:00.000-07:00

In post someone called India Kate gave some standard wordings on Female Foeticide and of course blaming the male Preference.
http://indiakate.blogspot.com/2005/10/on-gender.html
Sumanth has meanwhile squarely blamed the feminsts for foeticide
http://www.saveindianfamily.org/blogs/2005/09/29/cooked-data-alarmism/

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
http://www.frontlineonnet.com/fl1821/18210960.htm

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

shurpannnitas Demand dismissed

2005-09-25T01:58:00.000-07:00

Justice Lakhshaman Panchvatikar today disposed of a petition filed shurpannita against Raman and Sitala asking for relief that as per section 498-S of DV bill which states that every husband and his relatives be made to accede to Girl Friends demand for ilegal demand for adultory , money and whatever else
The advocates for Petioners Indira Victor Singh assited by Neha argued that according to Section 498-S drafted by her that Raman had no choice but to acceede to the ilegal demand for Adultary Made by Shurpannita . That it Formed the whole basis for the Secion 498-S AKA Domestic Violence Bill. Failing this Raman has to provide his Panch kutir to Shurpannita. She furhtur argued that Shurpannita had asked for 3 engagement rings for marriage but raman had failed to it and hence is guilty vide Section 498-S for economical abuse . Which clearly upholds the right of a women to make ilegal demands for adultary and whoever resists such demands should be shown what womens law is all about. Indira Victor Singh Furthur argued that Ram had shown no interest in any kind of relation-ship hence this contributes to Mental and Emotional abuse of shurpannita.Indira Victor Singh furthur Charged that Sita was taking the side of Raman and it is proved when she came to Nasik from Ayodhya Clearly violating the code of Ethics that a women should persue Lifestyle and harass a husband for Sowry failing which in case of umemployment or any other reason she should file a section 498a case because lack of lifestyle can make a real modern women suicidal and claim economic violence. Hence by not running after Lifestyle Sitala has set a bad example to modern women.

The Respondent Advocates Swaroop Sarkar assisted by Gorky argued that "Crime is crime irespective of gender " and The right to make an ilegal demand of Adultary and benefits out of it cannot stand in any principle of of Natural justice. The refusal to give 3 rings for engagement can not be termed as economic Violence except by indira victor singh.

Justice Lakshman Panchvatikar Dismissed the Petition of shuprannita Section 498-S is an ultra virus namely that even ilegal adultary can not form any basis of making claims forget about a demand for ilegal adultery.

Shurpannita was reported to have said after this " Meri Nak kat Gayi" and complained to women's rights activist Ravan

Ravan has threatened to abduct Sitala and is reported to have local goon Marichakumar.

In another Related cases the suite for Declaration filed by Kaaikeyi was dismissed after 14 years that Dashratha should give SOWRY of ayodhya to her . In a seven judge bench The Sapta Rishi ruled that SOWRY harassment of Dashratha was not a Legal Demand and is not PArt of Section 498-S. Burundi Carrot had argued that a SOWRY is a Streedhan while D'souza & Courage-Blue Argued on Bahalf of Raman that every person has the right to a lifestyle to which the Person was capable of and nobody should be made to support anothers life style

In another Case fought by Indira Victor Singh for the RCR by Ahilya against Gautam . Ahilya has placed objected to being considered Adulterous on grounds that the adulteror looks like a clone of Gautama and hence she was misled . In fact she charged that Gautam was treating her as if she was a rock rather then a wife after she was found with a person who looked like Gautam . Privately ahilya admitted it was a very thin defence but she is banking on the Gender Sensitivety training conducted by Indira Victor singh to let her sail through confertably and turn the tables against Gautam

Shantanu Mahabharate won an injunction order against aborting his 8th child. The respondent had argued aginst her ssaying that it was clear case of Section 498-S or the domestic violence by the eighth son and that ganga was only doing as per the section 498-S because it was causing her mental and emotional distress

CSR misuse statistics too low ?

2005-09-07T09:03:00.000-07:00

http://timesofindia.indiatimes.com/articleshow/1222807.cms
& counter view
http://timesofindia.indiatimes.com/articleshow/1222806.cms
According to CSR teh statistics of miuse are around 10% . while as in my earlier posts karnatak judiciary found muse to be a minimum of 45% . This was reported by Justice Saldhana in one of the judgement One of the two has to be closer to the studies . One of the statitics is by an organsation whose aim of the studies was to disabuse any notion that any misuse existing. that even thry could find such misuse is that it is glarignly obvious. the other is by a venerable institution whose interest is only in dispensing justice .

Another question how come non of the member of ashakiran , Sangybalya or Save india Family were contacted at all ? The statistical probabilty of that not happening is ver low and yet it happened. I am little surprised though it is not an impossibility that statistical sampling could have left them out entirely.

I contacted the CSR in August asking them to share their Sampling methodology and their Technique for defining use versus abuse and they did not reply . My Mistake I should have persisted more then leaving it at a few mails.

Given this background it is important to reanalyse the data in terms of sampling technique and classification technique to define use/ versus abuse. I am geared to up to Apply my Assertion Material Methodology of Analsys for this and eager to do so to find the eality amongst the multiple figures of misuse of the 498a.

Random Ramblings of Senile "feminist"

2005-08-13T22:20:00.000-07:00

Interestingly came a new rewriting of Ramyana by some senile women interested readers can go here http://timesofindia.indiatimes.com/articleshow/1198690.cms
It is clear that there is no scholership and understanding of the story amongst feminists . Shurpanakha was a women who forced herself on men who were not interested in having any relationship with her. They were polite and told her no they were not interested. On learning this This lady attacked the wife of one of the man´s wife to kill her. In the battle that ensured with Lakshmana Shurpankha faced injuries to her nose but was allowed to go alive In keeping with the principles of Self defense that no unnecesary force should be used if the foe runs away. If lakshmana had been vicious he could have easily kileld her.

Ravana should have examined the conduct of shurpanaka before thinking of trying to abduct another mans wife.

Whoever is the writer of this drama also tries to downplay the strengh of Rama and betrays a lack of understanding of ancient warfare. IT has been shown time and again that small band of desciplined warriors will win against large undesciplined armies. It happened when Alexander defeated Darius , when Babur Defeated Ibrahim Lodhi , When Baji rao Peshwa defeated Mughals in Battle of Bhopal, Balditya gupta defeated Mihirkula, English defeated French in Battle of Crecy and poiters.
There was no reason to doubt that Ram and his desciplined and well lead vanar sena could not have defeated Ravanas unwieldy army.
I pity the scholership of these feminists.

Interestingly to the disgusting character of modern day shuprankas. One need only to visit pariwarik surakhsa here
http://www.pariwariksuraksha.org/News.htm or
www.saveindianfamily.org

Or make a visit to any family courts in India

Couldn't resist blogging on brain differences in brain between women and men

2005-02-01T06:55:00.000-08:00

Mallika Sarabhai wants to censure free speach here
http://timesofindia.indiatimes.com/articleshow/100 5072.cms
While the counter wants research to continue
http://timesofindia.indiatimes.com/articleshow/100 5080.cms

Well it the double speak of gender feminists. Gender Feminists are cloolaborating with theri patriarchy in spreading both misogyny and misandry.

They spread misogyny when they make claims that women need to be maintained by theri husbands and cannot take care of themselves. They are clearly collaborating with patriarchy here who believe that women is weak and cannot take care of herself

They spread misandry when they demand separate queues for women , separate trains for women and separate seat for women. They collaborate with patriarchy again when they say that men are so bad that they cannot be trusted to sit next to women in trains and buses .

They spread misandry by classifying every word as verbal, mental harassment . the colloborate with patriarchy again by treating them as feeble and weak who cannot even parry with words hell Summers actually is glorying these differences in favour of women. Infact he is saying that women are better at words and hence probably it is men who need protection from mental and verbal harassment rather then women .

Ancient Indian Philosophy
Men - Physicaly stronger
Women - Mentally stronger
Men - stronger in logic
Women- emotionally stronger.

These based on analysis of observations made by the sages.
and well sommers reseacrh shows why the ancient observations are true . As women nothing to be ashamed of if women are weak in some areas and strong in some area. Women can gloat about theri perfromance in classs twelth and men can gloat about their performance in IITs .

Mallika is scared now that she can't blame all the womens problem on the so called patriarchy with which she has been collaborating in spreading misandry as wella s misogyny

A dowry death "victim?" comes alive

2005-01-18T04:29:00.000-08:00

http://www.indianexpress.com/full_story.php?content_id=61245
Interesting a dowry death victim? comes alive.How could the police even charge this fellow what investigative mechanisms were followed. Is this is case of incompetence , negligence or plain simple routine systemic bias where in every death ( false death or otherwise ) is routinely blamed on the husband .

Even an actress files charges

2005-01-13T23:12:00.000-08:00

http://www.chitraloka.com/sections/scoop/swarnamalya_arjun.html
Makes me say huh what is happening .However it is not isolated case.too many for comfort are happening . This is possibly the reverse Nisha Sharma case. Ideally this case should not be charged because of the Laptop and the Skoda .In dowry cases you need transfer of money to be shown towards the boy and family. Let us be honest the clear point of contention seems to be that the actress wants to continue her acting work ( valid ) and arjun does not like her to be continuously on night shift and that was the genesis of the fight .

In marriage you expect certain responsibilities and one of them is that wife should be with the husbands for some time during the day and making objections to night shift is not out of the questions. However if the lady is not prepared to accept this much as the part of expectations of the marriage then she should not marry at all. and definitely not victimise the man under a false dowry and section 498a case.

In Indian Marriages it is assumed that the wife will stay where the husband is staying and if that is not acceptable then it should be made clear at the outset that you will be in channai and he is expected to be in chennai.You can't change the rules of the game in the mid way after the marriage .
Could this be one those 44% of the cases where charge will be thoroughly unjustified ?

44% of dowry death cases are false

2005-01-13T22:12:00.000-08:00

January 14th 2005 12:00 A.M.
The Following judgement in 2000(1) Karnataka Law Online starting on Page no 560 is illustrative of the severity of the abuse of the process of law happening in the dowry harassment and section 498a cases

IN the high Court of Karnataka
M.F.Saldhana & M.S. rajendra Prasad JJ
Crl.A. no. 589 of 2003
Decided on 4-9-2003
important excerpts starting from page 562

we need to sound a note of caution that the police and investigating authorities should not improperly and technically jump to the conclusion that merely because death has occurred that ipso facto a criminal offense has been committed . In as many as 44% of these cases prosecution is thoroughly unjustified . Unless there is cogent and convincing evidence and unless there is material to sustain these charges , it would be totally impermissible and completely unjustified to embark upon legal action . The consequences of these charges are extremely grave because the accussed husband and invariably family members are placed under arrest . There are serious social and economic repurcussions.

end of excerpt
a little later following excerpt from same judgement
The fact that we do come accross considerable number of instances where prosecution was unjustified seems to indicate that in every case of death of young woman or recently married women that prosecution and filing of charge sheet has become automatic. There does not appear to be a proper application of mind at the stage of scrutiny and having regard to this position we direct the concerned authorities to ensure that requirements of the law are correctly and responsibly followed . Copy to be followed to D.G. ( Police )

----------------------------------------------------------------
I appeal to the judiciary also to take up the slack pointed out in this judgement and dismiss proceedings where prosecution has no case . Important point of law is that complaint and case are not synonmous and that case is made only by providing material substantiating the complaint. Mere complaint should not be treated as sufficient to proceed with trial any of the cases . Unfortunately in the Dowry harassment and section 498a without any material only on the say so of relative and friends of the girl the proceedings are started which is wrong. During the Charge/Discharge stage carefull evaluation of the material placed by both accussed and prosecution has to be done if there is sufficent material which could lead to conviction and it has to be done on broad sweep without going into minor contradiction . That is ASSERTION MATERIAL ANALYSIS has to be done to decide whether there is a prima facie case or innocence is already established .
Anybody who has read perry Mason Novels knows that in order to substantiate case you also have to get some witnesses to depose before a case is committed to trial . Unfortunately we are demanding too little from the prosecution and investigative authorities to substantiate if they have a case .
I suspect that if we rigourously follow this practice that upto 40-50% of the cases will not be commited to trial and that instead of the current 3-5 years for decision it would take 11/2 to 3 years to come to a decision .This would reduce a lot of burden on the courts

Introduction

2005-01-13T05:30:00.000-08:00

January 13 2004

Not much happening but read karnataka States Online journal of lawbooks with special interests on what is happening on the family law front specially in Bangalore . I am an On off member of Sangyabalya . Helped close a case of harassed husband just yesterday. Luckily he contacted us otherwise the lawyers would not have told any strategies on how to kill the brewing storm earlier. There are a lot of tricks which can be done safegaurd your position in family court if you get a whiff of trouble earlier. If the man starts to react once the wife threatens a false dowry and harassment case then typically she has gone all the way to generate enough mischief. Trouble is most men don't detect the warning signal until it is too late. They tend to take spoken words for granted when women actually communicate a lot through facial expressions and body languages rather then through words. Very important for guys to understand because as one feminist lawyer told me that in family court the husband actually fights four adversaries his lawyer , her lawyer , wife and the justice system all of whom advocate against him . Every one will put the women's interests first rather the interest of equality or justice. So he has to be extremely diplomatic and political savvy to survive the family court Tsunami. This is the reason why no lawyer gives you right clues as to what is the best way to conduct during this time. Probably there is none and they are interested in giving justice to women and children and men can go to hell . Still all is not lost you have to understand the system , how it works and work the political advantage and the acting shown by all the parties. The basic principle behind this is the jujitsu way so that all force directed against you should be directed at the other party . So that you have to give reasons for the best interest of the wife.