New Delhi, Jun 25 (PTI) Pulling up the city police chief for not taking action against his erring officers, the Delhi High Court has issued direction for initiating criminal proceedings against three police personnel for falsely implicating a man in a criminal case.
Justice S N Dhingra passed the order on a plea by Manjeet Singh Chug who alleged that police are trying to protect three officers by not acting against them despite directions given in this regard on behalf of the Lt Governor.
"Registrar General of this court is directed to send a complaint under Section 195 CrPC for initiating criminal proceedings against the concerned police officials for falsely implicating the applicant (M S Chug)," Justice Dhingra said.
Mr.Rebates
Saturday, June 26, 2010
None should be allowed to enforce self-made laws: Human rights commission
June 26, 2010
New Delhi: Amid growing instances of honour killings and demands by khap panchayats to amend the Hindu Marriage Act for banning same sub-caste marriage, National Human Rights Commission (NHRC) chief KG Balakrishnan today said none should be allowed to enforce "self-created" laws.
"Contrary to the general moral view of the society, nobody shall be allowed to enforce their own self-created law to achieve their narrow-minded societal values," he said.
Justice Balakrishnan was addressing a training programme
on the 'Rule of Law' organised by Vishwa Yuvak Kendra here.
The former chief justice of India, however, did not mention the khap or caste panchayats or the controversy surrounding their demand.
He said whenever their is "threat" to ordinary law and ethical principles, it is for the state to intervene and maintain the law effectively.
Honour killings -- where men and women are killed by their kin or members of their caste for defying traditions -- are rampant in western parts of Uttar Pradesh, Punjab and Haryana.
The violence is committed in the name of saving the honour
of the community, caste or family.
Moving to deal with the problem of honour killings, the government has mooted proposals to amend the law to classify such incidents separately under Indian Penal Code which will also arraign a caste panchayat which orders such acts.
As per the proposed amendment, bodies like caste panchayats can be brought under the ambit of the crime as they are accused in many instances of ordering killings in the name of protecting honour of a community.
The law ministry has given a go-ahead to a proposal of the
home ministry to insert a separate section in the IPC to
define the crime.
The khap panchayats are demanding amendment in the Hindu
Marriage Act to ban same gotra (sub-caste) marriages.
Balakrishnan, who recently took over as chairperson of the National Human Rights Commission, said the rights body was also playing a vital role in enforcing the rule of law.
"Wherever there is violation of human dignity or equality, the authorities can be reminded of their basic duties ever since the formation of the NHRC, it has been doing so and all depends upon the cooperation of the people," he observed.
Referring to Articles 14 and 21 of the Constitution which deal with equality and personal liberty of an individual, justice Balakrishnan said with the changed economic scenario, the constitutional provisions do not have to merely safeguard and advance civil and political rights of individuals.
These have to also establish social, economic, educational
and cultural conditions under which self-aspiration and human
dignity may be realised, he said.
He said while in the United Kingdom, compulsory education
was enforced as early as 1870, even after one century, India
could not enforce the same in primary schools.
"Now the changes are taking place and we know that the Right to Education has become a reality. We hope that the new education act will change the face of Indian society," he said.
New Delhi: Amid growing instances of honour killings and demands by khap panchayats to amend the Hindu Marriage Act for banning same sub-caste marriage, National Human Rights Commission (NHRC) chief KG Balakrishnan today said none should be allowed to enforce "self-created" laws.
"Contrary to the general moral view of the society, nobody shall be allowed to enforce their own self-created law to achieve their narrow-minded societal values," he said.
Justice Balakrishnan was addressing a training programme
on the 'Rule of Law' organised by Vishwa Yuvak Kendra here.
The former chief justice of India, however, did not mention the khap or caste panchayats or the controversy surrounding their demand.
He said whenever their is "threat" to ordinary law and ethical principles, it is for the state to intervene and maintain the law effectively.
Honour killings -- where men and women are killed by their kin or members of their caste for defying traditions -- are rampant in western parts of Uttar Pradesh, Punjab and Haryana.
The violence is committed in the name of saving the honour
of the community, caste or family.
Moving to deal with the problem of honour killings, the government has mooted proposals to amend the law to classify such incidents separately under Indian Penal Code which will also arraign a caste panchayat which orders such acts.
As per the proposed amendment, bodies like caste panchayats can be brought under the ambit of the crime as they are accused in many instances of ordering killings in the name of protecting honour of a community.
The law ministry has given a go-ahead to a proposal of the
home ministry to insert a separate section in the IPC to
define the crime.
The khap panchayats are demanding amendment in the Hindu
Marriage Act to ban same gotra (sub-caste) marriages.
Balakrishnan, who recently took over as chairperson of the National Human Rights Commission, said the rights body was also playing a vital role in enforcing the rule of law.
"Wherever there is violation of human dignity or equality, the authorities can be reminded of their basic duties ever since the formation of the NHRC, it has been doing so and all depends upon the cooperation of the people," he observed.
Referring to Articles 14 and 21 of the Constitution which deal with equality and personal liberty of an individual, justice Balakrishnan said with the changed economic scenario, the constitutional provisions do not have to merely safeguard and advance civil and political rights of individuals.
These have to also establish social, economic, educational
and cultural conditions under which self-aspiration and human
dignity may be realised, he said.
He said while in the United Kingdom, compulsory education
was enforced as early as 1870, even after one century, India
could not enforce the same in primary schools.
"Now the changes are taking place and we know that the Right to Education has become a reality. We hope that the new education act will change the face of Indian society," he said.
Friday, June 25, 2010
A Radical Feminist – The BIGGEST ENEMY of Women & Womanhood
LOK SABHA TV- MISUSE OF ipc 498a DOWRY LAWS-WHY AND HOW- ASMITA
Part 1
Part 2
Part 3
Part 4
Part 5
You all must have watched the above videos or similar videos earlier too and after viewing above healthy discussion of 5 eminent panelist on misuse of IPC 498a, you must have very well recognized a radical feminist among them. Further, this discussion raises lot of important questions, the answers to which needs to be found with logical & rational mind and if one applies these, I am sure he/she will realize that:
Q. 0 The first & foremost question arises is whether Government & feminists are having any connection?
Ans. 0 YES, most of these organizations (in the name of some NGO) are registered with government and are getting financial support from it. Political parties/Government in-turn uses some of them to build a political base/vote bank and also expects contribute some amount as election “CHANDA(donation)” for these political parties/government. So, it can be safely concluded that there exists a strong nexus between political parties/Government and these bodies and reference can be exchanged in Q. & Ans. below in this regard.
Q.1 Why the radical feminists(so called Women organizations) are adamant for not having any amendments in IPC 498a ?
Ans.1 The feminists are the MOTHERS of IPC 498A and considers it as their very first victory. Under IPC 498a, everything can be termed as “Dowry”, which is most valuable term for the feminists(except for “female foeticide”) because this is the only one, most talked about social evil related to women remaining in the society and their very survival is directly linked to this social evil. So, any dilution in IPC 498a threatens their future.
Q.2 Why, these feminists don’t want this country to be a progressive State?
Ans.2 Feminists lack progressive vision & wisdom and they feel afraid of any progressive change in society as they think that this can devoid them of issues (virtual creation by them on concocted stats & figures) and will make their claims futile. In a progressive State, the over all development of every citizen is a prime concern for government but it does not suit feminists as their base only rests on non-progressive thinking and exploitation of sentiments of innocent citizens of Indian society.
Q.3 Why, these feminists don’t want Women of this country to have an image of independent or self reliant woman ?
Ans. 3 If women in this country is succeeded in having the image of an independent & self reliant woman, the whole propaganda, hue & cry and political & social base of these feminists will be diminished, which they don’t want at any cost.
Q.4 Why these feminists hate anything cordial among both sexes ?
Ans.4 After realizing that the effect of Divide & Rule policy on religion and caste is not bearing any productive fruits for them, they have choosen, the next in line i.e . GENDER to experiment with. By dividing on gender base they dreams about having representation of 50 % population in the country. So, Women of India is being used by feminists first as Commodity(by demanding those rights which are clear violative of womanhood & it’s glory ) and than as political vote bank.
Q.5 Why these feminists don’t have the sense of responsibility to safeguard the family system in India ?
Ans. 5 Family system or family obligations fall last in their list of priorities. Most of these feminists are Kitty Party ladies, who projects themselves as empowered women of today and consider it shameful to fulfill family obligations in a way their mothers or fore mothers have done traditionally over the era. These radical feminists love unrestricted independence and nourishes on it . The family system or ethics or values in society is beyond their level of understanding and is not their subject.
Q.6 Why these feminists only talks about Daughter-in-laws not about mother & sisters of husbands who counts more in numbers(females) and are being harassed or abused under these gender biased laws ?
Ans. 6 See, “any nation moves as moved by it’s young ones”. Feminists has catch hold this and are encashing on Dauther-in-law’s cultural obligation of leaving her parent’s home & starting fresh life in husband’s house. They envisaged In-law’s house a best place to create trouble for wide reaction and publicity. More so, most of these feminists are not yet themselves mother-in-laws and at that stage they use to leave the feminist movement.
Q.7 Is there some other secret/hidden agenda of these feminists behind this all ?
Ans.7 These feminists has the secret agenda of creating hatred against male by repeating that “India is a male dominating society” and dividing the nation on gender lines to capture the women votebank politically, besides entitling themselves for foreign & domestic easy funding.
Q.8 Why these feminists don’t want India to be a Dowry free State or a State with gender equality?
Ans. 8 By GOD’s grace, If ever, India happened to be a Dowry Free State or Country having gender equality, it will be a nightmare for these feminists as their only life support or life-line will be cutoff/shattered and they will have to strive for single breath . That’s why they want to keep this issue alive by accusing Males & relating every problem of women with Dowry?
We strongly urge the Citizens, Lawmakers/parliamentarians of India to rise above the Radical Thinking and recognize the hidden agenda of radical feminists and act to change present India from a “Feminist State” to a “Progressive India”.
Part 1
Part 2
Part 3
Part 4
Part 5
You all must have watched the above videos or similar videos earlier too and after viewing above healthy discussion of 5 eminent panelist on misuse of IPC 498a, you must have very well recognized a radical feminist among them. Further, this discussion raises lot of important questions, the answers to which needs to be found with logical & rational mind and if one applies these, I am sure he/she will realize that:
Q. 0 The first & foremost question arises is whether Government & feminists are having any connection?
Ans. 0 YES, most of these organizations (in the name of some NGO) are registered with government and are getting financial support from it. Political parties/Government in-turn uses some of them to build a political base/vote bank and also expects contribute some amount as election “CHANDA(donation)” for these political parties/government. So, it can be safely concluded that there exists a strong nexus between political parties/Government and these bodies and reference can be exchanged in Q. & Ans. below in this regard.
Q.1 Why the radical feminists(so called Women organizations) are adamant for not having any amendments in IPC 498a ?
Ans.1 The feminists are the MOTHERS of IPC 498A and considers it as their very first victory. Under IPC 498a, everything can be termed as “Dowry”, which is most valuable term for the feminists(except for “female foeticide”) because this is the only one, most talked about social evil related to women remaining in the society and their very survival is directly linked to this social evil. So, any dilution in IPC 498a threatens their future.
Q.2 Why, these feminists don’t want this country to be a progressive State?
Ans.2 Feminists lack progressive vision & wisdom and they feel afraid of any progressive change in society as they think that this can devoid them of issues (virtual creation by them on concocted stats & figures) and will make their claims futile. In a progressive State, the over all development of every citizen is a prime concern for government but it does not suit feminists as their base only rests on non-progressive thinking and exploitation of sentiments of innocent citizens of Indian society.
Q.3 Why, these feminists don’t want Women of this country to have an image of independent or self reliant woman ?
Ans. 3 If women in this country is succeeded in having the image of an independent & self reliant woman, the whole propaganda, hue & cry and political & social base of these feminists will be diminished, which they don’t want at any cost.
Q.4 Why these feminists hate anything cordial among both sexes ?
Ans.4 After realizing that the effect of Divide & Rule policy on religion and caste is not bearing any productive fruits for them, they have choosen, the next in line i.e . GENDER to experiment with. By dividing on gender base they dreams about having representation of 50 % population in the country. So, Women of India is being used by feminists first as Commodity(by demanding those rights which are clear violative of womanhood & it’s glory ) and than as political vote bank.
Q.5 Why these feminists don’t have the sense of responsibility to safeguard the family system in India ?
Ans. 5 Family system or family obligations fall last in their list of priorities. Most of these feminists are Kitty Party ladies, who projects themselves as empowered women of today and consider it shameful to fulfill family obligations in a way their mothers or fore mothers have done traditionally over the era. These radical feminists love unrestricted independence and nourishes on it . The family system or ethics or values in society is beyond their level of understanding and is not their subject.
Q.6 Why these feminists only talks about Daughter-in-laws not about mother & sisters of husbands who counts more in numbers(females) and are being harassed or abused under these gender biased laws ?
Ans. 6 See, “any nation moves as moved by it’s young ones”. Feminists has catch hold this and are encashing on Dauther-in-law’s cultural obligation of leaving her parent’s home & starting fresh life in husband’s house. They envisaged In-law’s house a best place to create trouble for wide reaction and publicity. More so, most of these feminists are not yet themselves mother-in-laws and at that stage they use to leave the feminist movement.
Q.7 Is there some other secret/hidden agenda of these feminists behind this all ?
Ans.7 These feminists has the secret agenda of creating hatred against male by repeating that “India is a male dominating society” and dividing the nation on gender lines to capture the women votebank politically, besides entitling themselves for foreign & domestic easy funding.
Q.8 Why these feminists don’t want India to be a Dowry free State or a State with gender equality?
Ans. 8 By GOD’s grace, If ever, India happened to be a Dowry Free State or Country having gender equality, it will be a nightmare for these feminists as their only life support or life-line will be cutoff/shattered and they will have to strive for single breath . That’s why they want to keep this issue alive by accusing Males & relating every problem of women with Dowry?
We strongly urge the Citizens, Lawmakers/parliamentarians of India to rise above the Radical Thinking and recognize the hidden agenda of radical feminists and act to change present India from a “Feminist State” to a “Progressive India”.
RIGHTS WITHOUT RESPONSIBILTIES
It’s a well known principle that “Rights don’t exist without Responsibilities”.
How ironical is this in Indian Scenario?
In India
The moment a woman marries, it becomes immaterial whether she has discharged any matrimonial responsibilities or not but Indian legal system automatically bestows her with the Rights :
To implicate any near & dear to her in-laws including her husband in criminal or civil cases.
To legally extort or threaten the in-laws to bow down to her wishes.
To have full satisfaction of her biological need(Sex)
To have all types of protections against domestic violence viz. emotional, verbal, financial, physical, psychological etc.
To have maintenance from husband to never feel like loosing anything.
To fight legal battle in courts against her husband with his money itself.
To deprive the Child Custody to husband while raising her children on his money itself.
To have Alimony for rest of her life so that he cannot forget her.
Now let us talk about the Man
The moment a man marries in India he is automatically burdened with the Responsibilities & Duties for life :
Providing safe environment to wife where nobody could ask a question to her on her matrimonial responsibilities.
Providing full satisfaction to his wife of her biological need(Sex).
Providing full monetary, physical, emotional, social support to wife and children.
Providing all types of Protection against domestic violence viz. emotional, economical, verbal, physical, psychological, social etc. to his wife & children.
Providing Maintenance to his wife & children including the money to them to fight cases against himself. in addition to provide maintenance to his own parents & family.
Providing maintenance for every need of his children but can’t have custody of children.
Providing Alimony for life to wife & children for their bright future.
So as per above. Man is made to keep on discharging his responsibilities during and even after breaking up of marriage, on the other side, woman is completely free of any responsibilities (during or after)but enjoys full rights even after breaking up of marriage( when she is definitely not discharging any matrimonial responsibilities in connection with this marriage )
Why this discrimination among genders?
The Great Indian Rationale
In Indian belief the Marriage is a Sacred Institution and “is a Union of Two Souls into One”. It seems that giving this spirit of Indian marriage prime importance, the government and lawmakers in India is trying to maintain the Rights & Responsibilities connection intact in matrimonial matters in different way. Considering wife & husband as a single soul, they have intrinsically distributed the Rights & Responsibilities among them. In this process, they have enacted and enforced many gender biased laws and has converted the institution of marriage into a biased Corporate where one spouse has been given only Rights without Responsibilities and the other spouse is burdened with only Responsibilities & Duties without any Rights for life.
How ironical is this in Indian Scenario?
In India
The moment a woman marries, it becomes immaterial whether she has discharged any matrimonial responsibilities or not but Indian legal system automatically bestows her with the Rights :
To implicate any near & dear to her in-laws including her husband in criminal or civil cases.
To legally extort or threaten the in-laws to bow down to her wishes.
To have full satisfaction of her biological need(Sex)
To have all types of protections against domestic violence viz. emotional, verbal, financial, physical, psychological etc.
To have maintenance from husband to never feel like loosing anything.
To fight legal battle in courts against her husband with his money itself.
To deprive the Child Custody to husband while raising her children on his money itself.
To have Alimony for rest of her life so that he cannot forget her.
Now let us talk about the Man
The moment a man marries in India he is automatically burdened with the Responsibilities & Duties for life :
Providing safe environment to wife where nobody could ask a question to her on her matrimonial responsibilities.
Providing full satisfaction to his wife of her biological need(Sex).
Providing full monetary, physical, emotional, social support to wife and children.
Providing all types of Protection against domestic violence viz. emotional, economical, verbal, physical, psychological, social etc. to his wife & children.
Providing Maintenance to his wife & children including the money to them to fight cases against himself. in addition to provide maintenance to his own parents & family.
Providing maintenance for every need of his children but can’t have custody of children.
Providing Alimony for life to wife & children for their bright future.
So as per above. Man is made to keep on discharging his responsibilities during and even after breaking up of marriage, on the other side, woman is completely free of any responsibilities (during or after)but enjoys full rights even after breaking up of marriage( when she is definitely not discharging any matrimonial responsibilities in connection with this marriage )
Why this discrimination among genders?
The Great Indian Rationale
In Indian belief the Marriage is a Sacred Institution and “is a Union of Two Souls into One”. It seems that giving this spirit of Indian marriage prime importance, the government and lawmakers in India is trying to maintain the Rights & Responsibilities connection intact in matrimonial matters in different way. Considering wife & husband as a single soul, they have intrinsically distributed the Rights & Responsibilities among them. In this process, they have enacted and enforced many gender biased laws and has converted the institution of marriage into a biased Corporate where one spouse has been given only Rights without Responsibilities and the other spouse is burdened with only Responsibilities & Duties without any Rights for life.
The Truth about Lies in India
It can be easily inferred that in INDIA Truth has been intentionally and legally defeated and lies from women weighs highest.
Telling lies or concocted stories are becoming a fashion among the young wives in India as these has been given such a legal value in Indian legal system that even a baseless lie or concocted story spelled out from a women can thrash/badly hit any individual or family in a very drastic way. This undue legal shielding to the lies of a particular section of society in the name of empowerment and the presumption of woman being always the victim is pathetic and is primarily responsible for misuse of any law made for upliftment of this section in INDIA besides
Let us take some examples of laws/Acts intentionally made gender biased to favour the other gender on the plea of upliftment of that gender which are currently the most miused laws in INDIA :-
IPC-498a
This is the only draconian law in whole of the Indian Penal Code, in which mere a statement (without any proof or investigation) from a wife is enough to book & send (as many as persons from in-law’s family she wants) to jail in a criminal case, not only this but the accused is also presumed guilty until he proves his innocence. Because of it’s wide misuse this law has earned it’s various widely known names like “ A Legal tool for Extortion” and “ A Legal Terrorism” etc..
Domestic Violence Act,2005
Another Act that is being set in motion by unscrupulous wives to avail numerous reliefs(residence, monetary, protection etc.) from husbands on telling lies and concocted stories because of defined domestic violence in it and it’s nature of being available to only one specified gender, made this Act available for gross misuse.
IPC 304B – Dowry Death
A stupid section in IPC under which a grave criminal case can be set in motion against any number of persons from in-law’s family in the event of any unnatural death of married women within 7 years of marriage as it cover any death of a married women within 7 years of marriage. This wide coverage under the law invites unscrupulous elements with oblique motives(like extortion, threatening and revenge) to misuse it.
Maintenance Laws/Acts
A set of multiple laws available to wife to claim maintenance – their concurrent / parallel applicability on telling baseless lies & concocted stories, awarding of maintenance/interim maintenance under these laws on the only fact that couple is living separately and making a person entitled to maintenance while she is not discharging any matrimonial duties/responsibility and also living separately but entitled to lifestyle she was enjoying in her matrimonial home makes these laws most venerable to misuse.
Child Custody Law
Yet another law, looks like delivering justice on the presumption that the child only has one natural guardian e.g. mother and father is only required to donate sperms for child birth and to support monetarily for all welfare of child, beyond this role, he is not capable of raising child well. While, mother is presumed to be capable of raising child better but that too on the money that she receives/seeks as maintenance for herself & child from father of that child.
Why rampant misuse of these Acts above?
Loose & clumsily drafting of these laws.
No deterrent provided in these laws to stop lies, concocted stories or misuse of these laws.
Presumption of women being always and only Victim, overrules all logic, reasons & rationale.
No penalty to abuser of law, even after proving the case was false and was filed with malafide intentions.
The legal impunity granted to the wives in Indian legal System.
The great Indian judicial system known for the delay/time span it takes in delivery of justice.
The scope of extortion/corruption in these laws/acts
Involvement of money in each and every law above in the shape of maintenance.
The unjustified wide open scope of roping- in any number of persons in theses laws.
The scope of making money for law enforcing agencies(like police, CAW cells, judiciary etc.)
Truth remains hidden or unrevealed until unless a proper and just scrutiny mechanism of the facts and an effective deterrent is made out in this regard but it seems that telling a lie and to concoct a false story is a special privilege granted to the women in India in the name of empowerment as they are enjoying numerous gender biased legislations so framed & enforced by government itself and these are, in a result, encouraging women to tell the lies and concocted stories in order to secure their oblique motives and unscrupulous desires.
Above are only some of the examples, however, there is a long list of such gender biased laws which are wide open for misuse like law on rape, sexual assault(in making), divorce & alimony etc. etc.
Telling lies or concocted stories are becoming a fashion among the young wives in India as these has been given such a legal value in Indian legal system that even a baseless lie or concocted story spelled out from a women can thrash/badly hit any individual or family in a very drastic way. This undue legal shielding to the lies of a particular section of society in the name of empowerment and the presumption of woman being always the victim is pathetic and is primarily responsible for misuse of any law made for upliftment of this section in INDIA besides
Let us take some examples of laws/Acts intentionally made gender biased to favour the other gender on the plea of upliftment of that gender which are currently the most miused laws in INDIA :-
IPC-498a
This is the only draconian law in whole of the Indian Penal Code, in which mere a statement (without any proof or investigation) from a wife is enough to book & send (as many as persons from in-law’s family she wants) to jail in a criminal case, not only this but the accused is also presumed guilty until he proves his innocence. Because of it’s wide misuse this law has earned it’s various widely known names like “ A Legal tool for Extortion” and “ A Legal Terrorism” etc..
Domestic Violence Act,2005
Another Act that is being set in motion by unscrupulous wives to avail numerous reliefs(residence, monetary, protection etc.) from husbands on telling lies and concocted stories because of defined domestic violence in it and it’s nature of being available to only one specified gender, made this Act available for gross misuse.
IPC 304B – Dowry Death
A stupid section in IPC under which a grave criminal case can be set in motion against any number of persons from in-law’s family in the event of any unnatural death of married women within 7 years of marriage as it cover any death of a married women within 7 years of marriage. This wide coverage under the law invites unscrupulous elements with oblique motives(like extortion, threatening and revenge) to misuse it.
Maintenance Laws/Acts
A set of multiple laws available to wife to claim maintenance – their concurrent / parallel applicability on telling baseless lies & concocted stories, awarding of maintenance/interim maintenance under these laws on the only fact that couple is living separately and making a person entitled to maintenance while she is not discharging any matrimonial duties/responsibility and also living separately but entitled to lifestyle she was enjoying in her matrimonial home makes these laws most venerable to misuse.
Child Custody Law
Yet another law, looks like delivering justice on the presumption that the child only has one natural guardian e.g. mother and father is only required to donate sperms for child birth and to support monetarily for all welfare of child, beyond this role, he is not capable of raising child well. While, mother is presumed to be capable of raising child better but that too on the money that she receives/seeks as maintenance for herself & child from father of that child.
Why rampant misuse of these Acts above?
Loose & clumsily drafting of these laws.
No deterrent provided in these laws to stop lies, concocted stories or misuse of these laws.
Presumption of women being always and only Victim, overrules all logic, reasons & rationale.
No penalty to abuser of law, even after proving the case was false and was filed with malafide intentions.
The legal impunity granted to the wives in Indian legal System.
The great Indian judicial system known for the delay/time span it takes in delivery of justice.
The scope of extortion/corruption in these laws/acts
Involvement of money in each and every law above in the shape of maintenance.
The unjustified wide open scope of roping- in any number of persons in theses laws.
The scope of making money for law enforcing agencies(like police, CAW cells, judiciary etc.)
Truth remains hidden or unrevealed until unless a proper and just scrutiny mechanism of the facts and an effective deterrent is made out in this regard but it seems that telling a lie and to concoct a false story is a special privilege granted to the women in India in the name of empowerment as they are enjoying numerous gender biased legislations so framed & enforced by government itself and these are, in a result, encouraging women to tell the lies and concocted stories in order to secure their oblique motives and unscrupulous desires.
Above are only some of the examples, however, there is a long list of such gender biased laws which are wide open for misuse like law on rape, sexual assault(in making), divorce & alimony etc. etc.
CBI prefers not to arrest influential people: HC
June 24th, 2010
The Delhi High Court has come crticised the functioning of CBI saying the investigating agency prefers not to arrest influential people in corruption cases.
The court made the remarks when a person accused of theft pleaded for bail contending that even a former union minister, who was allegedly involved in a multi-crore scam, was granted such relief.
"The case of Sukh Ram was not a case of theft. It was a case of disproportion assets and CBI is known for the fact that it does not arrest the persons against whom it registers cases but simply files chargesheet and more so when the persons involved hold high positions," Justice S N Dhingra said.
In this case, the police alleged the accused Brij Mohan is involved along with others in a case of theft of Rs 27.50 lakh by taking out money from the dickey of a person.
The police, after conducting an investigation, recovered a part of the theft amount.
The court, while dismissing his bail plea, also took into consideration the fact that the accused failed to mention the source of the money recovered from him.
"There were sufficient grounds for the court to presume that the accused was surviving only on the booty of crime, being done in connivance and in league with Satnam Singh.
"I do not find ground for grant of bail to the accused. The bail application of the accused is hereby dismissed," the court said.
The Delhi High Court has come crticised the functioning of CBI saying the investigating agency prefers not to arrest influential people in corruption cases.
The court made the remarks when a person accused of theft pleaded for bail contending that even a former union minister, who was allegedly involved in a multi-crore scam, was granted such relief.
"The case of Sukh Ram was not a case of theft. It was a case of disproportion assets and CBI is known for the fact that it does not arrest the persons against whom it registers cases but simply files chargesheet and more so when the persons involved hold high positions," Justice S N Dhingra said.
In this case, the police alleged the accused Brij Mohan is involved along with others in a case of theft of Rs 27.50 lakh by taking out money from the dickey of a person.
The police, after conducting an investigation, recovered a part of the theft amount.
The court, while dismissing his bail plea, also took into consideration the fact that the accused failed to mention the source of the money recovered from him.
"There were sufficient grounds for the court to presume that the accused was surviving only on the booty of crime, being done in connivance and in league with Satnam Singh.
"I do not find ground for grant of bail to the accused. The bail application of the accused is hereby dismissed," the court said.
Thursday, June 24, 2010
498A Counter Cases To Fight Back With
Rudy’s compilation for avenues of possible counter cases
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation) ,
200 (examination of complainant) ,
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant) ,
250 (compensation for accusation), 306,
321 (withdrawl from prosecution) ,
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation) ,
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation) , RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to ” protection
officer ” and lies that you abused her “physically, emotionally or
economically” , file a damage recovery case u/s 9 of CPC against her. Legally,
you must issue notice on the same day or next day. The suit will continue for
long time. It has no risk.
What I had compiled sometime back, may some repetition wrt Rudy’s options. S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.361 : For child – Kidnapping from lawful guardianship
S.378 :Theft
S.383 : Extortion
S.463 : Forgery
S.499: Defamation
Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) – Criminal Intimidation, Criminal breach of trust(non return of loans), Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.
Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation) ,
200 (examination of complainant) ,
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant) ,
250 (compensation for accusation), 306,
321 (withdrawl from prosecution) ,
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation) ,
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation) , RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to ” protection
officer ” and lies that you abused her “physically, emotionally or
economically” , file a damage recovery case u/s 9 of CPC against her. Legally,
you must issue notice on the same day or next day. The suit will continue for
long time. It has no risk.
What I had compiled sometime back, may some repetition wrt Rudy’s options. S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.361 : For child – Kidnapping from lawful guardianship
S.378 :Theft
S.383 : Extortion
S.463 : Forgery
S.499: Defamation
Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) – Criminal Intimidation, Criminal breach of trust(non return of loans), Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.
Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more
Dowry Act - A weapon of harassment
Crucial amendments should be brought to IPC Section 498A to prevent misuse of law Uma Challa
President, All India Forgotten Women’s Association
It is an established fact that IPC Section 498A is the most heavily misused law in the country. Several authorities have noted that in close to 98 per cent of cases filed under IPC 498A, the accusations are false and that the complaints were only filed with ulterior motives. It is predominantly a tool of blackmail and extortion in the hands of vindictive wives to legally harass husbands and their families.
Women who suppress vital personal information before marriage, women who are forced into marriages due to family pressures, women who have pre-marital or extra-marital relationships, women who are unable to adjust with the husband’s family, women who dislike living with in-laws are getting into the habit of exaggerating every marital discord as ‘harassment and abuse’, threatening the husband and his family, getting them arrested and imprisoned under false allegations of cruelty and dowry harassment, making them run around courts for years, and subjecting them to various hardships by misusing IPC Section 498A.
Several authorities have noted the widespread misuse of this law.
• The Supreme Court of India termed the misuse of IPC Section 498A as “Legal Terrorism”.
• The World Health Organisation, in its report on India clearly cited Section 498A as one of the major reasons for the “Increasing Abuse of the Elderly in India”.
• News agencies have also reported many cases where individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years.
• The National Human Rights Commission noted that the Tihar jail is overflowing with people falsely accused under dowry cases.
Noted women’s rights activist Madhu Kishwar acknowledged that IPC Section 498A is heavily misused and that a significant proportion of individuals who approach “Manushi” these days are mothers-in-law and husbands who are falsely accused of marital cruelty and dowry harassment. Renowned IPS officer Kiran Bedi admitted that many poor and illiterate mothers-in-law and sisters-in-law, who are falsely charged under anti-dowry laws languish in prison every year.
A look at the National Crime Records data shows that every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under the act. Every year, close to 30,000 innocent women (one innocent woman every 20 minutes) and 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) are arrested. Every year close to 350 children (one child per day) are arrested under the same act. Numerous families have been broken and are suffering immeasurable economic hardship and emotional trauma. In addition to penalising innocent citizens, a large backlog of false cases pending in courts prevents genuine victims of abuse from obtaining justice. The country has already incurred a huge social cost in addition to the enormous burden imposed on the public exchequer. There is a need to make legal amendments:
1. Ban Police involvement in marital counseling and pass directives to resolve all marital disputes under civil law. Marriage is a civil matter and should be treated as such. Marital issues should be dealt with utmost caution so that harmony is restored between disputing spouses.
2. Make civil and criminal laws applicable to men and women equally. Spousal abuse is not gender-specific, and the assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights, “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Hence, IPC Section 498A should confer equal protection upon men and women.
3. Make Section 498A of IPC bailable. This goes against the Universal Declaration of Human Rights which states that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law”.
4. Make Section 498A of IPC non-cognizable. Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC Section 498A, being a cognizable offence, violates a citizen’s right to due process.
5. Punish those who misuse IPC Section 498A. Misuse of the process of law not only costs the public exchequer dearly but also destroys the personal lives of many innocent citizens. Abuse of the judicial process should be treated as a serious crime, and persons who misuse IPC Section 498A as a weapon for settling personal scores in marital disputes should be severely punished.
It is an established fact that IPC Section 498A is the most heavily misused law in the country. Several authorities have noted that in close to 98 per cent of cases filed under IPC 498A, the accusations are false and that the complaints were only filed with ulterior motives. It is predominantly a tool of blackmail and extortion in the hands of vindictive wives to legally harass husbands and their families.
Women who suppress vital personal information before marriage, women who are forced into marriages due to family pressures, women who have pre-marital or extra-marital relationships, women who are unable to adjust with the husband’s family, women who dislike living with in-laws are getting into the habit of exaggerating every marital discord as ‘harassment and abuse’, threatening the husband and his family, getting them arrested and imprisoned under false allegations of cruelty and dowry harassment, making them run around courts for years, and subjecting them to various hardships by misusing IPC Section 498A.
Several authorities have noted the widespread misuse of this law.
• The Supreme Court of India termed the misuse of IPC Section 498A as “Legal Terrorism”.
• The World Health Organisation, in its report on India clearly cited Section 498A as one of the major reasons for the “Increasing Abuse of the Elderly in India”.
• News agencies have also reported many cases where individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years.
• The National Human Rights Commission noted that the Tihar jail is overflowing with people falsely accused under dowry cases.
Noted women’s rights activist Madhu Kishwar acknowledged that IPC Section 498A is heavily misused and that a significant proportion of individuals who approach “Manushi” these days are mothers-in-law and husbands who are falsely accused of marital cruelty and dowry harassment. Renowned IPS officer Kiran Bedi admitted that many poor and illiterate mothers-in-law and sisters-in-law, who are falsely charged under anti-dowry laws languish in prison every year.
A look at the National Crime Records data shows that every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under the act. Every year, close to 30,000 innocent women (one innocent woman every 20 minutes) and 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) are arrested. Every year close to 350 children (one child per day) are arrested under the same act. Numerous families have been broken and are suffering immeasurable economic hardship and emotional trauma. In addition to penalising innocent citizens, a large backlog of false cases pending in courts prevents genuine victims of abuse from obtaining justice. The country has already incurred a huge social cost in addition to the enormous burden imposed on the public exchequer. There is a need to make legal amendments:
1. Ban Police involvement in marital counseling and pass directives to resolve all marital disputes under civil law. Marriage is a civil matter and should be treated as such. Marital issues should be dealt with utmost caution so that harmony is restored between disputing spouses.
2. Make civil and criminal laws applicable to men and women equally. Spousal abuse is not gender-specific, and the assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights, “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Hence, IPC Section 498A should confer equal protection upon men and women.
3. Make Section 498A of IPC bailable. This goes against the Universal Declaration of Human Rights which states that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law”.
4. Make Section 498A of IPC non-cognizable. Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC Section 498A, being a cognizable offence, violates a citizen’s right to due process.
5. Punish those who misuse IPC Section 498A. Misuse of the process of law not only costs the public exchequer dearly but also destroys the personal lives of many innocent citizens. Abuse of the judicial process should be treated as a serious crime, and persons who misuse IPC Section 498A as a weapon for settling personal scores in marital disputes should be severely punished.
SEC 498 (A) How and why the law is an ass?
April 22, 2010
Special Report
DOWRY LAW
SEC 498 (A)
2,23,167 husbands committed suicide in 5 years
Loopholes in An act, originally legislated to safeguard women's rights, are being misused by disgruntled wives to put husbands and in-laws in misery.
Amit Budhiraj, a techie from Bangalore, killed his wife Rinku Sachdeva and then hanged himself. Amit was a software engineer with Infosys Technologies for the last nine years. He had married Rinku Sachdeva who was working in a Mumbai-based multinational bank. Soon after the marriage, Amit came to know about her affair with a colleague of hers. When Amit protested, Rinku threatened him of sending him to jail under Dowry Act 498A. Amit searched over the Internet and came to know about the draconian provisions of the Act. It was amply clear that not only him but also his aged parents would have to spend the rest of their lives behind the bars. Amit decided to kill his wife and himself to save his parents the embarrassment of court proceedings.
A nine-page suicide note was found on the bed in the couple’s house. Amit had described his mental condition in detail. R. P .Chug, an advocate who counsels husbands who are wrongly victimised by this law, tells TSI, “I argue a lot of cases related to Dowry Act 498A. Every month I come to know of one person committing suicide after having been falsely implicated. If misuse of the law is not stopped, the number of such cases will surely rise.” Chug is no male chauvinist and has a long history of fighting for women’s rights and has worked with many women’s rights groups. As per records of National Crime Records Bureau (NCRB), 1,87,540 people were arrested under 498A in 2007. Out of these, only 13,247 were found guilty. The data shows that 94 per cent were found to be innocent. NCRB data also points towards a trend of increasing number of suicides in married males in the last decade. Every 19 minutes, a person is murdered whereas every 10 minutes, a husband commits suicide. Between 2005 and 2008, 2,23,167 married males committed suicide. This is double the number of wives committing suicide in the same time period.
An Act, originally meant to empower women, has become a curse for many women too. This view is echoed by Neena Dhulia, chairperson of All India Mother-In-Law Protection Forum, who says, “Due to the loss of social reputation, the entire family suffers. It becomes difficult for them to get their son or daughter married. This leaves a psychological scar on the family. Many close friends and relatives, who see their sufferings from close quarters, do not marry at all. They prefer remaining single for their whole lives. If the trend persists, it will immensely damage the social fabric of the country.” President Pratibha Devi Singh Patil famously said about this Act, “Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression.” The Supreme Court bench of justices Arijit Pasayat and H.K. Sema had termed this misuse as “legal terrorism”. The Apex Court said, “The role of the investigating agencies and courts is that of a watchdog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations.”
The case of Shoaib Malik and Ayesha Siddiqui has hogged much limelight in newspapers and on news channels. When Ayesha lodged the complaint against Shoaib under 498A, Shoaib accepted all of her demands and agreed to a divorce. It has also been reported that Shoaib allegedly paid Rs 15 crore as compensation to Ayesha Siddiqui to reach the settlement. However, this does not mean that exploitation and abuse of women for dowry has stopped. The reality is that most women who fall prey to demands of dowry do not dare to go to court. Most of those who go to court misuse the Act. Dr Anupama, chairperson of Mothers and Sisters Initiative (MASI, an organisation of mothers-in-law and sisters-in-law), tells TSI, “It is the police and the advocates who are more responsible for the misuse of the Act. Section 498A has become a big source of income for advocates, judges and the police. Police and advocates instigate wives to lodge complaints. Once a complaint is lodged, the husband’s family completely comes in the grip of police and advocates and they take undue advantage. Recently we conducted a survey in the courts of Delhi in which we found that one-third of the cases of bail everyday are related to 498A.”
Husbands, mothers-in-law and sisters-in-law, who have been wronged, have formed several organisations to fight the injustice meted out to them. Husbands have even started celebrating December 19 as Husband’s Day. They meet at specific places in their respective cities to share their stories of grief and harasment. As per NCRB statistics, more than 40 per cent of cases lodged against women are related to 498A.
Even legal experts are of the view that laws framed in India for the benefit of women are so impractical and biased that their misuse becomes a certainty. Sandeep Bhartia of the Gender Human Rights Society says, “The committees which frame such laws face tremendous pressure from feminist lobbies.” Founder member of Save India Family Foundation, Gurdarshan Singh, says, “Only one provision should be added to 498A that if a girl is found guilty of lodging a false case she will be punished. This will act as a deterrent against misuse.”
Kiran Kukreja, MASI spokesperson, goes further, “These feminist organisations and the National Commission for Women are responsible for breaking homes. For them, only the daughter-in-law is the woman. Mothers-in-law and sisters-in-law are not women in their eyes.” Broken homes affect children more than adults. However, supporters of Section 498 A don’t seem to care for the tiny ones.
In the last five years, 3,36,842 cases have been registered under the Dowry Act. This means an equivalent number of families have been broken. An entire generation of children will grow up without the love of their parents. A US study done on children has startling revelations. Children who come from broken homes have a 32 times more chance of leaving home, 20 times more tendency of going to jail, 20 times more chance of behavioral disorder. They are 14 times more likely to commit rape, nine times more likely to drop out of school and five times more likely to end their lives. The number of such children in India runs in lakhs and is only slated to increase. Now, this presents a scary future.
What the law says
Monetary compensation for emotional and physical trouble will eventually lead to opening of a floodgate of false charges
Passed by the Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is cognisable, non-compoundable and non-bailable.”
If a woman lodges a complaint of dowry harassment in the nearby police station, the husband, his old parents, his sisters and other relatives would be immediately arrested and put behind bars on a non-bailable term without any investigation. Even if you are not guilty, you will be presumed as guilty until you are proved innocent. This section of Indian Penal Code is non-compoundable (complaint can not be withdrawn) and non-bailable.
Mahesh Tiwary, advocate in Supreme Court, explains the legalities involved, “Under section 497of IPC, cases of adultery cannot be filed against a wife and thus she cannot be prosecuted.” As it stands, this Section makes only men punishable for having sexual relations with wives of other men without the consent of their husbands. Women cannot be punished even as abettors.
What is more shocking is even if after a prolonged legal battle, the husband’s family comes clean, the court does not punish women for filing false cases. Under Section 12 of IPC of Protection of Women from Domestic Violence Act,2005, husband or in-laws can be asked to evict the house if wife feels threatened. Mahesh Tiwary says, “This means that practical ownership of every house rests with wives. Once she decides that her husband should not stay with her, he will have to leave at any cost.”
Panduran Kutty is one of the lucky persons who was acquitted by the court. He says, “When I see hapless husbands being humiliated and trampled in the courts and in the police stations, I feel it is a crime to be a husband in this country.” So far he has counselled more than 1000 persons suffering from the same trauma. He says, “Do not expect this system to be logical and reasonable. If you think you have tons of evidences and the judge will hear you, you are imagining things.”
A senior advocate, on the condition of anonymity, tells TSI, “These laws were made to protect real women facing ill-treatment and torture. But this has become a tool for extortion for upwardly mobile women, specially in the elite class. Average settlement of Rs 50-60 lakh is commonplace. And nobody is spared. I have cases of IAS, IPS officers, corporate managers and executives, commissioners. These laws were made for protection of Sitas but being potently misused by Surpnakhas.”
Sandeep Bhartiya, President of Gender Human Rights Society, has another take on the law, “Seventy-first Law Commission Report 1978 strongly recommended that irretrievable breakdown of marriage should be made a ground for divorce. Supreme Court reiterated the need for inclusion of irretrievable breakdown of marriage as a ground for divorce.” Mahesh Tiwary says, “There has been an alarming rise in the number of divorce cases being filed in the courts these days.”
The present law proposal of Sexual Harassment at Workplace Act, 2005, talks of paying monetary compensation for emotional, mental trouble caused due to sexual harassment at office or workplace. What is more alarming is that the draft law does not put any time limit for filing the case.
Monetary compensation for emotional trouble will lead to a floodgate of false complaints opening just like we see in case of matrimonial disputes.
“My brother tried to prove his innocence through his death”
After the death of our father, the whole family’s responsibility came upon my brother Pushkar’s shoulders. He was a government employee in Lucknow. He was falsely implicated by his wife under the Dowry Act. After the complaint was lodged, Pushkar was locked up for 15 days but was released on bail. However, his wife's family threatened those who gave the bail. They withdrew the bail and he was sent to jail for four months. He kept fighting for three years but in vain. Ultimately, he committed suicide by hanging himself. His suicide note read, “My wife has wrongly implicated me in a dowry case...I had to sell my house as the financial situation of my family worsened. My in-laws are responsible for my death.” Rani added that her brother was innocent and was twice put behind bars. She also said that no one heard Pushkar’s plea.
My mother is ill and my younger brother handicapped and unemployed. I have two sisters who are married. So, there is no one to take care of my mother. In fact, we live in a rented house and running a household has become next to impossible for us.
(Rani is Pushkar Singh Patwal's sister and lives in Lucknow. The photograph is of her mother.)
“Being a husband is a crime”
My mother has a kidney problem and my sister is mentally challenged. After my marriage, instead of taking care of them, my wife started treating them very badly. One day, I was shocked to find a love letter written by my wife to her lover. When I spoke to her about it, my wife became furious and left our Mumbai home. She came back after a year but her behaviour towards my mother and sister did not change. After a few days, she suddenly demanded divorce from me and considering the scenario, I agreed. We filed a writ for divorce but after 18 months, she backtracked and accused me of fraud.
I knew she might file a false case under Section 498A. I wrote a letter to the Human Rights Commission and Mumbai Police Commissioner regarding my case. However, my apprehensions proved right when she actually filed a case and police arrested me and my father on November 24, 2009. We were put behind the bars for three days. If this was not enough, another case was filed against me under Domestic Violence Act. Since my father remained in jail for more than 24 hours, he was suspended from his job. My mother is ill and needs injections at regular intervals. Each injection costs around Rs 2,000, it has become impossible for us to sustain.
(Narain Mishra lives in Mumbai.)
“Can a case be filed thrice?”
My family was completely ruined by my daughter-in-law. My son, an engineer, is wandering here and there like a mad man. I am living with my 70-year-old husband in a dharmshala. My daughter-in-law has confiscated our house. She and my son moved out of our house after three years of marriage but she continued harassing him. Moreover, she filed a case under Section 498A thrice against us. However, we came out clean twice after police investigation but we were not so lucky the third time. My son was arrested and my daughter-in-law ousted us from our house. My husband was admitted to the hospital for many days. She has been ordered to vacate the house by the Deputy Inspector General but she has not followed the order yet. We are still living in a dharmshala.
My house is situated on Talkatora road in Lucknow and is worth crores. The Supreme Court order says that my daughter-in-law is not entitled to this house but the police is not helping us. How much injustice we have suffered is difficult to describe. I don't know about the Dowry Act but want to ask a simple question: Can this case be filed thrice on a person if he is twice found innocent?
(Asha Rani Agrawal lives in Lucknow.)
“My daughter-in-law took away our old-age support”
She has already lost her earnings during the court hearings but is still waiting for justice. Wrinkles of sorrow can be easily traced on her face and her eyes always brim with tears. We met Swarnlata at the BJP office where she had come to seek help from its women's cell national president. Swarnlata was a middle school teacher in Sangrur district, Punjab. She has one son. After she got him married, her daughter-in-law lodged a complaint of harassment for dowry against her family. Frustrated by the turn of events, her son left home. In a letter to her, he stated, "I am disappointed and fed up with my life. Either I will commit suicide or will become a saint. I will never return home." The hapless mother is still waiting for her son to return. Swarnlata says, "My daughter-in-law repeatedly kept demanding money. When her father went to jail for a scam in a cooperative society, we paid for his bail too. She also took away all my gold. I have nobody in this world. My only desire is to see my granddaughter once."
Special Report
DOWRY LAW
SEC 498 (A)
2,23,167 husbands committed suicide in 5 years
Loopholes in An act, originally legislated to safeguard women's rights, are being misused by disgruntled wives to put husbands and in-laws in misery.
Amit Budhiraj, a techie from Bangalore, killed his wife Rinku Sachdeva and then hanged himself. Amit was a software engineer with Infosys Technologies for the last nine years. He had married Rinku Sachdeva who was working in a Mumbai-based multinational bank. Soon after the marriage, Amit came to know about her affair with a colleague of hers. When Amit protested, Rinku threatened him of sending him to jail under Dowry Act 498A. Amit searched over the Internet and came to know about the draconian provisions of the Act. It was amply clear that not only him but also his aged parents would have to spend the rest of their lives behind the bars. Amit decided to kill his wife and himself to save his parents the embarrassment of court proceedings.
A nine-page suicide note was found on the bed in the couple’s house. Amit had described his mental condition in detail. R. P .Chug, an advocate who counsels husbands who are wrongly victimised by this law, tells TSI, “I argue a lot of cases related to Dowry Act 498A. Every month I come to know of one person committing suicide after having been falsely implicated. If misuse of the law is not stopped, the number of such cases will surely rise.” Chug is no male chauvinist and has a long history of fighting for women’s rights and has worked with many women’s rights groups. As per records of National Crime Records Bureau (NCRB), 1,87,540 people were arrested under 498A in 2007. Out of these, only 13,247 were found guilty. The data shows that 94 per cent were found to be innocent. NCRB data also points towards a trend of increasing number of suicides in married males in the last decade. Every 19 minutes, a person is murdered whereas every 10 minutes, a husband commits suicide. Between 2005 and 2008, 2,23,167 married males committed suicide. This is double the number of wives committing suicide in the same time period.
An Act, originally meant to empower women, has become a curse for many women too. This view is echoed by Neena Dhulia, chairperson of All India Mother-In-Law Protection Forum, who says, “Due to the loss of social reputation, the entire family suffers. It becomes difficult for them to get their son or daughter married. This leaves a psychological scar on the family. Many close friends and relatives, who see their sufferings from close quarters, do not marry at all. They prefer remaining single for their whole lives. If the trend persists, it will immensely damage the social fabric of the country.” President Pratibha Devi Singh Patil famously said about this Act, “Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression.” The Supreme Court bench of justices Arijit Pasayat and H.K. Sema had termed this misuse as “legal terrorism”. The Apex Court said, “The role of the investigating agencies and courts is that of a watchdog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations.”
The case of Shoaib Malik and Ayesha Siddiqui has hogged much limelight in newspapers and on news channels. When Ayesha lodged the complaint against Shoaib under 498A, Shoaib accepted all of her demands and agreed to a divorce. It has also been reported that Shoaib allegedly paid Rs 15 crore as compensation to Ayesha Siddiqui to reach the settlement. However, this does not mean that exploitation and abuse of women for dowry has stopped. The reality is that most women who fall prey to demands of dowry do not dare to go to court. Most of those who go to court misuse the Act. Dr Anupama, chairperson of Mothers and Sisters Initiative (MASI, an organisation of mothers-in-law and sisters-in-law), tells TSI, “It is the police and the advocates who are more responsible for the misuse of the Act. Section 498A has become a big source of income for advocates, judges and the police. Police and advocates instigate wives to lodge complaints. Once a complaint is lodged, the husband’s family completely comes in the grip of police and advocates and they take undue advantage. Recently we conducted a survey in the courts of Delhi in which we found that one-third of the cases of bail everyday are related to 498A.”
Husbands, mothers-in-law and sisters-in-law, who have been wronged, have formed several organisations to fight the injustice meted out to them. Husbands have even started celebrating December 19 as Husband’s Day. They meet at specific places in their respective cities to share their stories of grief and harasment. As per NCRB statistics, more than 40 per cent of cases lodged against women are related to 498A.
Even legal experts are of the view that laws framed in India for the benefit of women are so impractical and biased that their misuse becomes a certainty. Sandeep Bhartia of the Gender Human Rights Society says, “The committees which frame such laws face tremendous pressure from feminist lobbies.” Founder member of Save India Family Foundation, Gurdarshan Singh, says, “Only one provision should be added to 498A that if a girl is found guilty of lodging a false case she will be punished. This will act as a deterrent against misuse.”
Kiran Kukreja, MASI spokesperson, goes further, “These feminist organisations and the National Commission for Women are responsible for breaking homes. For them, only the daughter-in-law is the woman. Mothers-in-law and sisters-in-law are not women in their eyes.” Broken homes affect children more than adults. However, supporters of Section 498 A don’t seem to care for the tiny ones.
In the last five years, 3,36,842 cases have been registered under the Dowry Act. This means an equivalent number of families have been broken. An entire generation of children will grow up without the love of their parents. A US study done on children has startling revelations. Children who come from broken homes have a 32 times more chance of leaving home, 20 times more tendency of going to jail, 20 times more chance of behavioral disorder. They are 14 times more likely to commit rape, nine times more likely to drop out of school and five times more likely to end their lives. The number of such children in India runs in lakhs and is only slated to increase. Now, this presents a scary future.
What the law says
Monetary compensation for emotional and physical trouble will eventually lead to opening of a floodgate of false charges
Passed by the Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is cognisable, non-compoundable and non-bailable.”
If a woman lodges a complaint of dowry harassment in the nearby police station, the husband, his old parents, his sisters and other relatives would be immediately arrested and put behind bars on a non-bailable term without any investigation. Even if you are not guilty, you will be presumed as guilty until you are proved innocent. This section of Indian Penal Code is non-compoundable (complaint can not be withdrawn) and non-bailable.
Mahesh Tiwary, advocate in Supreme Court, explains the legalities involved, “Under section 497of IPC, cases of adultery cannot be filed against a wife and thus she cannot be prosecuted.” As it stands, this Section makes only men punishable for having sexual relations with wives of other men without the consent of their husbands. Women cannot be punished even as abettors.
What is more shocking is even if after a prolonged legal battle, the husband’s family comes clean, the court does not punish women for filing false cases. Under Section 12 of IPC of Protection of Women from Domestic Violence Act,2005, husband or in-laws can be asked to evict the house if wife feels threatened. Mahesh Tiwary says, “This means that practical ownership of every house rests with wives. Once she decides that her husband should not stay with her, he will have to leave at any cost.”
Panduran Kutty is one of the lucky persons who was acquitted by the court. He says, “When I see hapless husbands being humiliated and trampled in the courts and in the police stations, I feel it is a crime to be a husband in this country.” So far he has counselled more than 1000 persons suffering from the same trauma. He says, “Do not expect this system to be logical and reasonable. If you think you have tons of evidences and the judge will hear you, you are imagining things.”
A senior advocate, on the condition of anonymity, tells TSI, “These laws were made to protect real women facing ill-treatment and torture. But this has become a tool for extortion for upwardly mobile women, specially in the elite class. Average settlement of Rs 50-60 lakh is commonplace. And nobody is spared. I have cases of IAS, IPS officers, corporate managers and executives, commissioners. These laws were made for protection of Sitas but being potently misused by Surpnakhas.”
Sandeep Bhartiya, President of Gender Human Rights Society, has another take on the law, “Seventy-first Law Commission Report 1978 strongly recommended that irretrievable breakdown of marriage should be made a ground for divorce. Supreme Court reiterated the need for inclusion of irretrievable breakdown of marriage as a ground for divorce.” Mahesh Tiwary says, “There has been an alarming rise in the number of divorce cases being filed in the courts these days.”
The present law proposal of Sexual Harassment at Workplace Act, 2005, talks of paying monetary compensation for emotional, mental trouble caused due to sexual harassment at office or workplace. What is more alarming is that the draft law does not put any time limit for filing the case.
Monetary compensation for emotional trouble will lead to a floodgate of false complaints opening just like we see in case of matrimonial disputes.
“My brother tried to prove his innocence through his death”
After the death of our father, the whole family’s responsibility came upon my brother Pushkar’s shoulders. He was a government employee in Lucknow. He was falsely implicated by his wife under the Dowry Act. After the complaint was lodged, Pushkar was locked up for 15 days but was released on bail. However, his wife's family threatened those who gave the bail. They withdrew the bail and he was sent to jail for four months. He kept fighting for three years but in vain. Ultimately, he committed suicide by hanging himself. His suicide note read, “My wife has wrongly implicated me in a dowry case...I had to sell my house as the financial situation of my family worsened. My in-laws are responsible for my death.” Rani added that her brother was innocent and was twice put behind bars. She also said that no one heard Pushkar’s plea.
My mother is ill and my younger brother handicapped and unemployed. I have two sisters who are married. So, there is no one to take care of my mother. In fact, we live in a rented house and running a household has become next to impossible for us.
(Rani is Pushkar Singh Patwal's sister and lives in Lucknow. The photograph is of her mother.)
“Being a husband is a crime”
My mother has a kidney problem and my sister is mentally challenged. After my marriage, instead of taking care of them, my wife started treating them very badly. One day, I was shocked to find a love letter written by my wife to her lover. When I spoke to her about it, my wife became furious and left our Mumbai home. She came back after a year but her behaviour towards my mother and sister did not change. After a few days, she suddenly demanded divorce from me and considering the scenario, I agreed. We filed a writ for divorce but after 18 months, she backtracked and accused me of fraud.
I knew she might file a false case under Section 498A. I wrote a letter to the Human Rights Commission and Mumbai Police Commissioner regarding my case. However, my apprehensions proved right when she actually filed a case and police arrested me and my father on November 24, 2009. We were put behind the bars for three days. If this was not enough, another case was filed against me under Domestic Violence Act. Since my father remained in jail for more than 24 hours, he was suspended from his job. My mother is ill and needs injections at regular intervals. Each injection costs around Rs 2,000, it has become impossible for us to sustain.
(Narain Mishra lives in Mumbai.)
“Can a case be filed thrice?”
My family was completely ruined by my daughter-in-law. My son, an engineer, is wandering here and there like a mad man. I am living with my 70-year-old husband in a dharmshala. My daughter-in-law has confiscated our house. She and my son moved out of our house after three years of marriage but she continued harassing him. Moreover, she filed a case under Section 498A thrice against us. However, we came out clean twice after police investigation but we were not so lucky the third time. My son was arrested and my daughter-in-law ousted us from our house. My husband was admitted to the hospital for many days. She has been ordered to vacate the house by the Deputy Inspector General but she has not followed the order yet. We are still living in a dharmshala.
My house is situated on Talkatora road in Lucknow and is worth crores. The Supreme Court order says that my daughter-in-law is not entitled to this house but the police is not helping us. How much injustice we have suffered is difficult to describe. I don't know about the Dowry Act but want to ask a simple question: Can this case be filed thrice on a person if he is twice found innocent?
(Asha Rani Agrawal lives in Lucknow.)
“My daughter-in-law took away our old-age support”
She has already lost her earnings during the court hearings but is still waiting for justice. Wrinkles of sorrow can be easily traced on her face and her eyes always brim with tears. We met Swarnlata at the BJP office where she had come to seek help from its women's cell national president. Swarnlata was a middle school teacher in Sangrur district, Punjab. She has one son. After she got him married, her daughter-in-law lodged a complaint of harassment for dowry against her family. Frustrated by the turn of events, her son left home. In a letter to her, he stated, "I am disappointed and fed up with my life. Either I will commit suicide or will become a saint. I will never return home." The hapless mother is still waiting for her son to return. Swarnlata says, "My daughter-in-law repeatedly kept demanding money. When her father went to jail for a scam in a cooperative society, we paid for his bail too. She also took away all my gold. I have nobody in this world. My only desire is to see my granddaughter once."
Sonia's Hypocrisy in Women's Reservation Bill
How can womens reservation bill be a gift to Indian Women, seriously? Some 180 women will now be able to join the elite ranks of MP and enjoy the blood fruits of other Indians sweat blood and tears, basically live off society and fill their pockets and bank accounts, while the remaining women look up to them and live in utter crap. So how is this going to really change and improve the average womens life and be a gift to woman in general? I for one am being very open minded and thinking critically, and dont seem to find an answer? Society is suppose to help all women by educating them through schooling and higher post secondary eduction, I whole heartly support women this way, this is how women and society is empowered. You dont empower women by giveing them Draconian Laws that are ripe for abuse, who is this really suppose to better their lives and improve society as a whole?
Please comment and give me your views.
Let us all ask, is Sonia Gandhi a Hypocrite?
Sonia Gandhi has declared that "33% of Reservation of seats for Women" in parliaments and assemblies will be a gift to women of India.
Is Sonia Gandhi a Monarch or Queen that she is giving gifts to people of India. She went to elections last year asking Indian Citisens to allow her and her fellow party members to serve the citizens. She is a servant of the citizens. How can she talk about giving gifts to the very people who allowed her to serve them?
In the same election, she could not find more than 100 competent women congress leader to contest the Lok Sabha elections. So, she fielded 40 women candidates out of total 443 candidates of her party. Either she had no integrity in walking the talk or she had no courage to take on her own old male party members, that's why she did that injustice to women in her own party.
Now, she wants the citizens to pay for her incompetency. This woman (of Italian Origin) wants the Indian Constitution (wriiten by Baba Ambedkar) to be amended so that at least 11 crore men be denied their right to contest election.
In fact, she wants a Lottery system to find, in which constituency men can contest and in which constituency men can not contest.
Is democracy a Lottery? Sonia Gandhi thinks so.
Its a pity that BJP leaders have also joined in this Tamasha to Convert Indian Democracy into a Lottery.
Has any man ever stopped Kiran Bedi, Kiran Shaw Majumdar or Konkana Sen Sharma from contesting in elections? If not, then why men will be stopped from contesting in their own constituencies by Sonia Gandhi?
There are only 21 female Rajya Sabha members out of 250 members. Why Sonia Gandhi has not nominated more women into Rajya Sabha. The Political parties like Congress, BJP and CPM discriminate women candidates, where as Indian citizens do not. Indian citizens elected 1 out of 12 female candidates compared to 1 out of 15 male candidates.
Now, please think the question again: Is Sonia Gandhi a Hypocrite or not?
Please comment and give me your views.
Let us all ask, is Sonia Gandhi a Hypocrite?
Sonia Gandhi has declared that "33% of Reservation of seats for Women" in parliaments and assemblies will be a gift to women of India.
Is Sonia Gandhi a Monarch or Queen that she is giving gifts to people of India. She went to elections last year asking Indian Citisens to allow her and her fellow party members to serve the citizens. She is a servant of the citizens. How can she talk about giving gifts to the very people who allowed her to serve them?
In the same election, she could not find more than 100 competent women congress leader to contest the Lok Sabha elections. So, she fielded 40 women candidates out of total 443 candidates of her party. Either she had no integrity in walking the talk or she had no courage to take on her own old male party members, that's why she did that injustice to women in her own party.
Now, she wants the citizens to pay for her incompetency. This woman (of Italian Origin) wants the Indian Constitution (wriiten by Baba Ambedkar) to be amended so that at least 11 crore men be denied their right to contest election.
In fact, she wants a Lottery system to find, in which constituency men can contest and in which constituency men can not contest.
Is democracy a Lottery? Sonia Gandhi thinks so.
Its a pity that BJP leaders have also joined in this Tamasha to Convert Indian Democracy into a Lottery.
Has any man ever stopped Kiran Bedi, Kiran Shaw Majumdar or Konkana Sen Sharma from contesting in elections? If not, then why men will be stopped from contesting in their own constituencies by Sonia Gandhi?
There are only 21 female Rajya Sabha members out of 250 members. Why Sonia Gandhi has not nominated more women into Rajya Sabha. The Political parties like Congress, BJP and CPM discriminate women candidates, where as Indian citizens do not. Indian citizens elected 1 out of 12 female candidates compared to 1 out of 15 male candidates.
Now, please think the question again: Is Sonia Gandhi a Hypocrite or not?
Indian anti-dowry law boon or bane for Indian expats?
Non-Resident Indians (NRIs) are increasingly concerned about their vulnerability to the Indian anti-dowry law, namely, the IPC-498A, that was passed by the Indian Parliament in 1983. And they have reason to worry.
Under the Indian law, when a wife files dowry charges against her husband and/or his family, irrespective of the validity of the charges, the husband and/or his family members can be arrested within 24 hours without an investigation, leading to much embarrassment and physical and emotional damage caused to the accused. Since most Indian expat families looking for brides for their sons are unable to carry out detailed investigations about the prospective bride because of the lack of such a facility in the Kingdom, their vulnerability increases many folds.
Mohammed Mustafa, an Indian expat working in a construction company in Jeddah, explains how he and his family were implicated in a false dowry case last year. “My brother-in-law’s wife filed a dowry case against him, me and my wife along with other family members. She alleged that we persecuted her for not bringing any dowry. She demanded an amount of Rs15 to 20 lakhs for an out-of-court settlement, which ultimately the family had to give in to,” said Mustafa.
He said Indian men working abroad are easy targets in false dowry cases since “mostly, their expectations of a wife are such that they desire women who would take care of the home and their relatives, even when they are abroad, and this leads to overlooking several other potentially problematic issues”.
“There have been countless instances,” Mustafa continued, “where without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sisters-in-law and even three-year-olds. In these cases, the unsuspecting family of the husband has to go through a lot of mental torture and harassment by the system. A typical case goes on for years (five to seven years) and the conviction rate is about two percent only. Some accused parents, sisters and even husbands have committed suicide after languishing in jail.”
International legal expert Advocate Basha Nawaz Khan says: “The definitions of an act constituting a crime in matrimonial matters are extremely vague and the procedures are attempts to give justice before the court’s verdict”.
The Indian Penal Code 498A, is a criminal law (not a civil law), which is defined as: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is cognizable, non-compoundable and non-bailable.”
Expatriates from India, regardless of their age or marital status, (including the husband, mother-in-law, father-in-law, brother(s)-in-law, sister(s)-in-law) living /lived with the wife in the (joint) family, can be jailed under section 498A of the IPC based on the woman’s (wife’s) complaints in the police station.
Most cases, where the IPC-498A is invoked, turn out to be false as they are mere blackmailing attempts by the wife (or her close relatives) in a strained marriage. In such cases, the complaint is followed by demands for a large amount of money (extortion) seeking an out-of-court settlement.
“In a typical case, misunderstandings and the failure to fulfill the unlimited demands of a frustrated person in the family may lead the wife to file a false written complaint alleging dowry harassment. The husband, his parents and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms,” explained advocate Khan.
K. K. Vijayan, community welfare consul at the Indian Consulate in Jeddah, said: “This law is for the protection and safety of women, especially in dowry and bride-burning cases. If it is misused and if a case is filed against a person, who is not living in India, that person can go through a legal procedure and prove his innocence.”
Mustafa said that there have been instances when Indian expats on returning to India were either arrested at the airport or their passports were confiscated as part of the bail condition.
“Following the confiscation of their passports, they are unable to return to their jobs,” he said, adding that since most court cases drag on for around six to eight years in Indian courts, these men cannot afford to stay in India for that length of time.
There is another related situation in Indian law according to which, if a wife dies an unusual death within the first seven years of marriage, her husband is assumed to have murdered her, if cruelty was mentioned by the wife before her death.
The Indian government’s concern for NRIs and their families is best exemplified by a ministry specifically created for NRIs, the Ministry of Overseas Indian Affairs (MOIA). It was created to act as a liaison between NRIs and their motherland and to help innocent NRIs and their families in cases like these.
“The inflexibility of laws is so brutal that it totally blocks any access to the wife by the husband, who fears false cases against him, which will instantly lead to his and his family’s arrest. The assumptions are such that once the wife leaves the husband’s home, the husband fears that the death of the wife will involve him in a murder trial, and, at the same time, the reunification with the wife will result in more legal sufferings. Under such a legal system created by the Indian government, divorce is usually the best solution, despite the short-term jail and severe financial loss suffered by the husband and his family,” said Khan.
“Dowry death cases are unfortunate and should be punished, but today the tables are turned. The IPC section 498A is being misused, and there is no way for those resident abroad to prevent this law from being abused. A person can only win if he chooses to fight. A typical case will go on for three to seven years and requires a lot of patience and finances to win,” said Mustafa.
Under the Indian law, when a wife files dowry charges against her husband and/or his family, irrespective of the validity of the charges, the husband and/or his family members can be arrested within 24 hours without an investigation, leading to much embarrassment and physical and emotional damage caused to the accused. Since most Indian expat families looking for brides for their sons are unable to carry out detailed investigations about the prospective bride because of the lack of such a facility in the Kingdom, their vulnerability increases many folds.
Mohammed Mustafa, an Indian expat working in a construction company in Jeddah, explains how he and his family were implicated in a false dowry case last year. “My brother-in-law’s wife filed a dowry case against him, me and my wife along with other family members. She alleged that we persecuted her for not bringing any dowry. She demanded an amount of Rs15 to 20 lakhs for an out-of-court settlement, which ultimately the family had to give in to,” said Mustafa.
He said Indian men working abroad are easy targets in false dowry cases since “mostly, their expectations of a wife are such that they desire women who would take care of the home and their relatives, even when they are abroad, and this leads to overlooking several other potentially problematic issues”.
“There have been countless instances,” Mustafa continued, “where without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sisters-in-law and even three-year-olds. In these cases, the unsuspecting family of the husband has to go through a lot of mental torture and harassment by the system. A typical case goes on for years (five to seven years) and the conviction rate is about two percent only. Some accused parents, sisters and even husbands have committed suicide after languishing in jail.”
International legal expert Advocate Basha Nawaz Khan says: “The definitions of an act constituting a crime in matrimonial matters are extremely vague and the procedures are attempts to give justice before the court’s verdict”.
The Indian Penal Code 498A, is a criminal law (not a civil law), which is defined as: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is cognizable, non-compoundable and non-bailable.”
Expatriates from India, regardless of their age or marital status, (including the husband, mother-in-law, father-in-law, brother(s)-in-law, sister(s)-in-law) living /lived with the wife in the (joint) family, can be jailed under section 498A of the IPC based on the woman’s (wife’s) complaints in the police station.
Most cases, where the IPC-498A is invoked, turn out to be false as they are mere blackmailing attempts by the wife (or her close relatives) in a strained marriage. In such cases, the complaint is followed by demands for a large amount of money (extortion) seeking an out-of-court settlement.
“In a typical case, misunderstandings and the failure to fulfill the unlimited demands of a frustrated person in the family may lead the wife to file a false written complaint alleging dowry harassment. The husband, his parents and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms,” explained advocate Khan.
K. K. Vijayan, community welfare consul at the Indian Consulate in Jeddah, said: “This law is for the protection and safety of women, especially in dowry and bride-burning cases. If it is misused and if a case is filed against a person, who is not living in India, that person can go through a legal procedure and prove his innocence.”
Mustafa said that there have been instances when Indian expats on returning to India were either arrested at the airport or their passports were confiscated as part of the bail condition.
“Following the confiscation of their passports, they are unable to return to their jobs,” he said, adding that since most court cases drag on for around six to eight years in Indian courts, these men cannot afford to stay in India for that length of time.
There is another related situation in Indian law according to which, if a wife dies an unusual death within the first seven years of marriage, her husband is assumed to have murdered her, if cruelty was mentioned by the wife before her death.
The Indian government’s concern for NRIs and their families is best exemplified by a ministry specifically created for NRIs, the Ministry of Overseas Indian Affairs (MOIA). It was created to act as a liaison between NRIs and their motherland and to help innocent NRIs and their families in cases like these.
“The inflexibility of laws is so brutal that it totally blocks any access to the wife by the husband, who fears false cases against him, which will instantly lead to his and his family’s arrest. The assumptions are such that once the wife leaves the husband’s home, the husband fears that the death of the wife will involve him in a murder trial, and, at the same time, the reunification with the wife will result in more legal sufferings. Under such a legal system created by the Indian government, divorce is usually the best solution, despite the short-term jail and severe financial loss suffered by the husband and his family,” said Khan.
“Dowry death cases are unfortunate and should be punished, but today the tables are turned. The IPC section 498A is being misused, and there is no way for those resident abroad to prevent this law from being abused. A person can only win if he chooses to fight. A typical case will go on for three to seven years and requires a lot of patience and finances to win,” said Mustafa.
Women’s worst enemies are women
From warring sisters-in-law, to daughters-in-law jealous of their mothers-in-law, to female work colleagues at war, women’s relationships with each other often end in acrimony.
A recent newspaper report confirmed this theory when I read about Anita*, an alleged victim of the ‘wife-centric’ laws in India. Her kidney ailment did not prevent her arrest when her estranged daughter-in-law charged her son and the rest of her family, including a mentally-challenged daughter, for ill-treatment and cruelty. It is hard to believe how such accusations can be leveled against a mentally-challenged person. I wonder what the advocates of women’s rights will say to that!
The media also believes in fanning the flames instead of reining in such tendencies. Take an advertisement for bake-and-serve glassware published in a reputed magazine for women in India. The advertisement showed two photographs of plum cakes – one was labeled a ‘bechara’ (sorry-looking) cake that had been made by an ‘oversmart’ nanad (sister-in-law). This cake seemed perfectly fine to me except for the fact that it had been placed in an ordinary cake tin and hadn’t been garnished with nuts and chocolate icing. The other cake, made by the intelligent wife of the ‘oversmart’ lady’s brother, had been placed in a bake-and-serve dish and decorated with nuts and icing. It was ‘special’ because the cook was clever enough not to use an ordinary cake tin but an ovenproof glass dish. I wonder if the ad people would have substituted the word ‘nanad’ with ‘behen’ (sister). But, how that could be… isn’t it always the ‘nanad’ who is oversmart and the ‘bhabhi’ or ‘bahu’ always bright and right.
Take other advertisements that are shown on television day in and day out. The detergent soap chosen by the ‘bahu’ is often longer-lasting and perfoms better. The one chosen by the ‘unintelligent’ saas usually cuts a sorry figure. And, the less said about the ‘saas-bahu’ serials on TV the better. Why must they always be at each other’s throats? Of course, the ‘bahu’ is usually the victim and she often finds scheming vamps in her path in the form of interfering sisters-in-law, merciless mother-in-law and fiendish ex-girlfriends of her husband. Why can’t our producers and directors work on better scripts? Is there really a dearth of ideas?
Sadly, that adage about women being their own worst enemies is not untrue.
A recent newspaper report confirmed this theory when I read about Anita*, an alleged victim of the ‘wife-centric’ laws in India. Her kidney ailment did not prevent her arrest when her estranged daughter-in-law charged her son and the rest of her family, including a mentally-challenged daughter, for ill-treatment and cruelty. It is hard to believe how such accusations can be leveled against a mentally-challenged person. I wonder what the advocates of women’s rights will say to that!
The media also believes in fanning the flames instead of reining in such tendencies. Take an advertisement for bake-and-serve glassware published in a reputed magazine for women in India. The advertisement showed two photographs of plum cakes – one was labeled a ‘bechara’ (sorry-looking) cake that had been made by an ‘oversmart’ nanad (sister-in-law). This cake seemed perfectly fine to me except for the fact that it had been placed in an ordinary cake tin and hadn’t been garnished with nuts and chocolate icing. The other cake, made by the intelligent wife of the ‘oversmart’ lady’s brother, had been placed in a bake-and-serve dish and decorated with nuts and icing. It was ‘special’ because the cook was clever enough not to use an ordinary cake tin but an ovenproof glass dish. I wonder if the ad people would have substituted the word ‘nanad’ with ‘behen’ (sister). But, how that could be… isn’t it always the ‘nanad’ who is oversmart and the ‘bhabhi’ or ‘bahu’ always bright and right.
Take other advertisements that are shown on television day in and day out. The detergent soap chosen by the ‘bahu’ is often longer-lasting and perfoms better. The one chosen by the ‘unintelligent’ saas usually cuts a sorry figure. And, the less said about the ‘saas-bahu’ serials on TV the better. Why must they always be at each other’s throats? Of course, the ‘bahu’ is usually the victim and she often finds scheming vamps in her path in the form of interfering sisters-in-law, merciless mother-in-law and fiendish ex-girlfriends of her husband. Why can’t our producers and directors work on better scripts? Is there really a dearth of ideas?
Sadly, that adage about women being their own worst enemies is not untrue.
State Circulars of Arrest Guidelines
As per the guidelines given by the Supreme Court of India in the judgment given for the case of Joginder Kumar Vs. State of UP, in 1994, the National Human Rights Commission (NHRC) issued the Arrest Guidelines, following which the high police officials of various states and cities have issued circulars to the police of that state/city regarding guidelines of arrest in cases like 498a, 406, 304B etc. We, at Save Indian Family, are slowly unearthing such circulars from other states and will move on to the next step of enforcing them on police by sustained RTI campiagns. Here's an evergrowing list of the circulars unearthed so far:
Go to this link to view.
http://www.saveindianfamily.org/knowledge/circulars/109-state-circulars-of-arrest-guidelines.html
Go to this link to view.
http://www.saveindianfamily.org/knowledge/circulars/109-state-circulars-of-arrest-guidelines.html
PowerPoint Presentation on 498a Legal Terrorism in India
Powerpoint presentation on Legal Terrorism and Knowledge base advise on how to avoid and what to do.
Wednesday, June 23, 2010
Ukrainian woman lodges cruelty case against Indian husband
Haha, this is the typical statement every False 498a, DV act 2005 case sounds like. This women is well coached on the going on's to file a False case. Very typical sounding, always the man and his family has abused her, beaten her, never lets wife work or go out, and harrassed her. Only if these Draconian laws are changed can these types of falsities stop, till then radical Feminazi gang will enjoy. What the Faminazi dont like is that the Men are now getting very well prepared to fight the 498a battle to the end in the courts to prove their innocents, and will win in the end and prove all the lies and accusations false. If this Ukrainian women really wanted to leave India and never come back, and all her documents were really taken by her husband, all she had to do was file a complaint with the local police and courts and her documents would be returned in not time, all this is game to extort maximum MONEY and use her children and pawns in 498a game for best deal for herself.
Zero talerance for terrorists, in this case 498a legal terrorists, fight them to the end, never give in to their extortion game, and crush them with the strongest might and will power. This is WAR and crush the 498a enemy.
Noida, June 22, 2010
On the complaint of a Ukrainian woman on Monday, the Noida Police registered a case of cruelty against her Indian husband and his parents. The accused were absconding till late evening.
The woman, Olena, contacted the police after she couldn’t reach her husband on the cellphone despite repeated calls. She said she was thrown out of her husband’s house in Udyog Vihar Sector-82 six months ago. She has also approached the National Commission for Women for help.
Station House officer at Noida Phase II police station Deepak Sharma said Olena stated in her complaint that her husband physically abused her and her parents-in-law didn’t help her.
“An FIR, under IPC section 498A (Punishment for subjecting a married woman to cruelty) has been registered against her husband, father- and mother-in-law. A police team has been sent to Faridabad to arrest her husband, as we got information that he was staying there,” he said.
The SHO said that Olena and her husband Pawan Kumar met at a medical college in Ukraine in 2000. In 2003, the two married in Ukraine and later returned to India to live with Pawan’s parents in Gautam Nagar here.
According to Olena, her husband and his parents have been ill-treating her since she came to their house. “Despite having a degree, my in-laws wouldn’t let me practise medicine,” said Olena.
“I can’t even return to Ukraine as my visa and passport are with him. Even our marriage certificate is with him. I don’t have any document on me,” Olena said. “I am desperate to go to my country. I will never return to India.”
Sharma said that Olena has two sons, Aman and Roman. “For two years, things were running smooth. But later, Pawan changed: he used to come home drunk and beat her up. She said she came to know he had illicit relations with another woman. Olena said she even talked to this other woman on his phone and has seen her texts to him.”
Zero talerance for terrorists, in this case 498a legal terrorists, fight them to the end, never give in to their extortion game, and crush them with the strongest might and will power. This is WAR and crush the 498a enemy.
Noida, June 22, 2010
On the complaint of a Ukrainian woman on Monday, the Noida Police registered a case of cruelty against her Indian husband and his parents. The accused were absconding till late evening.
The woman, Olena, contacted the police after she couldn’t reach her husband on the cellphone despite repeated calls. She said she was thrown out of her husband’s house in Udyog Vihar Sector-82 six months ago. She has also approached the National Commission for Women for help.
Station House officer at Noida Phase II police station Deepak Sharma said Olena stated in her complaint that her husband physically abused her and her parents-in-law didn’t help her.
“An FIR, under IPC section 498A (Punishment for subjecting a married woman to cruelty) has been registered against her husband, father- and mother-in-law. A police team has been sent to Faridabad to arrest her husband, as we got information that he was staying there,” he said.
The SHO said that Olena and her husband Pawan Kumar met at a medical college in Ukraine in 2000. In 2003, the two married in Ukraine and later returned to India to live with Pawan’s parents in Gautam Nagar here.
According to Olena, her husband and his parents have been ill-treating her since she came to their house. “Despite having a degree, my in-laws wouldn’t let me practise medicine,” said Olena.
“I can’t even return to Ukraine as my visa and passport are with him. Even our marriage certificate is with him. I don’t have any document on me,” Olena said. “I am desperate to go to my country. I will never return to India.”
Sharma said that Olena has two sons, Aman and Roman. “For two years, things were running smooth. But later, Pawan changed: he used to come home drunk and beat her up. She said she came to know he had illicit relations with another woman. Olena said she even talked to this other woman on his phone and has seen her texts to him.”
Tuesday, June 22, 2010
IRRETRIEVABLE BREAKDOWN OF MARRIAGE-GROUND FOR DIVORCE-BENEFICIAL OR NOT
Guys, do watch at least the 3rd part of the discussion. Full of statistical information on expenditure on women by Indian Govt. and how a feminist, who says "once married, husband in India has to pay women in every situation" was made to shutup in discussion.
Part 1
Part 2
Part 3
Part 1
Part 2
Part 3
HC (Delhi):Brilliant Judge Dhingra Used Physics in 304B Bail
IN THE HIGH COURT OF DELHI AT NEW DELHI
http://courtnic.nic.in/dhcorder/dhcqryd%20...%2058&yr=2010
Bail Application No.1104 of 2010
Ram Babu
....Petitioner
Through: Mr. C.M. Verma and Mr. A.K. Gupta, Advocates
versus
State (NCT of Delhi) .....Respondents
Through: Mr. Pawan Sharma, Additional Standing Counsel for State
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
O R D E R
17.06.2010
This petition under Section 439 Cr.P.C has been made by the petitioner/
accused for bail in a case FIR No.954 of 2007 under Sections 498A/304B/302/34
IPC.
The earlier bail application of the petitioner was dismissed on 2nd
February, 2010. This is a fresh bail application after examination of one
witness i.e. the doctor who recorded dying declaration. The first dying
declaration was made by the deceased in presence of the doctor and her brother
wherein she made no allegations about involvement of accused or any other person
in burning her. The deceased stated that while cooking meal in the morning, she
got burnt due to leakage of gas. However, in the later statement made before the
SDM, she stated that her father-in-law and mother-in-law put her on fire.
The prosecution was asked about the investigation done so far on the fact
as to how the father-in-law and mother-in-law put her on fire with the help of
cooking gas since there was no kerosene stove. To this query, prosecution relied
upon the disclosre statement of the accused/petitioner wherein it is stated that
the gas pipe of the cylinder was taken off and the pipe was pointed towards the
deceased and the deceased was set on fire. This disclosure statement per se is
inadmissible under law as nothing was recovered in pursuant of the disclosure
statement made by the accused. The gas cylinder pipe and the other articles were
already lying in the kitchen in burnt condition.
Thus, this disclosure statement cannot be the basis of the story put forth by the prosecution. Even otherwise, if the pipe of a gas cylinder is removed from the gas stove, then the gas stored in the cylinder is free to come out of the pipe without regulating
knob attached to the stove. The gas is stored in gas cylinder in liquefied form
under high pressure and the moment the gas comes out of the cylinder where it is
in liquefied form under high pressure, into atmosphere, it is bound to expand
and spread all around. Any person holding a gas pipe if tries to lit a match
stick, the gas will catch fire instantly and spread in the entire room and the
person trying to burn other will have to burn himself too. He can save himself
only if he is protected by fire resistant clothes. It is not the case of the
prosecution that any other person got burnt in this incident of burning of the
deceased because of cooking gas.
It is submitted by the learned APP for State that the Court should not
appreciate the evidence at this stage while granting bail and CFSL expert was
yet to be examined. He also submits that if a gas pipe attached with the gas
cylinder is aimed at a person then that person only will get burnt. I consider
that this argument must fail. A person holding the pipe cannot control either
the flow of gas or spreading of gas into the area where gas pipe is opened.
As per laws of physics, the gas coming from high pressure to atmospheric pressure
or low pressure area will expand immediately and it will spread into the entire
area and it cannot be aimed like a water or kerosene oil stream and the person
lighting match stick will have to burn himself also. This theory of burning by
gas pipe, therefore, must be discarded.
The examination of CFSL expert is to prove the report. The report given
by CFSL expert is that there was no traces of kerosene, petrol or diesel in the
clothes sent to the CFSL. This does not help the prosecution in any manner and I
am sure that any expert having knowledge of science would also discard the
theory put forth by the prosecution that the gas pipe can be aimed towards one
particular person and he alone can be burnt, saving other person present in the
room.
In view of this fact, coupled with the fact that the first dying
declaration made by the deceased that she made no allegations that she was burnt
by the accused, I consider that the accused is entitled for grant of bail. The
petitioner/accused be released on bail on his furnishing personal bond in the
sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the
Court concerned.
The observations made hereinabove are prima facie observations and shall
not affect the merits of the case.
Dasti under the signatures of Court Master.
(SHIV NARAYAN DHINGRA)
Vacation Judge
June 17, 2010
rd
http://courtnic.nic.in/dhcorder/dhcqryd%20...%2058&yr=2010
Bail Application No.1104 of 2010
Ram Babu
....Petitioner
Through: Mr. C.M. Verma and Mr. A.K. Gupta, Advocates
versus
State (NCT of Delhi) .....Respondents
Through: Mr. Pawan Sharma, Additional Standing Counsel for State
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
O R D E R
17.06.2010
This petition under Section 439 Cr.P.C has been made by the petitioner/
accused for bail in a case FIR No.954 of 2007 under Sections 498A/304B/302/34
IPC.
The earlier bail application of the petitioner was dismissed on 2nd
February, 2010. This is a fresh bail application after examination of one
witness i.e. the doctor who recorded dying declaration. The first dying
declaration was made by the deceased in presence of the doctor and her brother
wherein she made no allegations about involvement of accused or any other person
in burning her. The deceased stated that while cooking meal in the morning, she
got burnt due to leakage of gas. However, in the later statement made before the
SDM, she stated that her father-in-law and mother-in-law put her on fire.
The prosecution was asked about the investigation done so far on the fact
as to how the father-in-law and mother-in-law put her on fire with the help of
cooking gas since there was no kerosene stove. To this query, prosecution relied
upon the disclosre statement of the accused/petitioner wherein it is stated that
the gas pipe of the cylinder was taken off and the pipe was pointed towards the
deceased and the deceased was set on fire. This disclosure statement per se is
inadmissible under law as nothing was recovered in pursuant of the disclosure
statement made by the accused. The gas cylinder pipe and the other articles were
already lying in the kitchen in burnt condition.
Thus, this disclosure statement cannot be the basis of the story put forth by the prosecution. Even otherwise, if the pipe of a gas cylinder is removed from the gas stove, then the gas stored in the cylinder is free to come out of the pipe without regulating
knob attached to the stove. The gas is stored in gas cylinder in liquefied form
under high pressure and the moment the gas comes out of the cylinder where it is
in liquefied form under high pressure, into atmosphere, it is bound to expand
and spread all around. Any person holding a gas pipe if tries to lit a match
stick, the gas will catch fire instantly and spread in the entire room and the
person trying to burn other will have to burn himself too. He can save himself
only if he is protected by fire resistant clothes. It is not the case of the
prosecution that any other person got burnt in this incident of burning of the
deceased because of cooking gas.
It is submitted by the learned APP for State that the Court should not
appreciate the evidence at this stage while granting bail and CFSL expert was
yet to be examined. He also submits that if a gas pipe attached with the gas
cylinder is aimed at a person then that person only will get burnt. I consider
that this argument must fail. A person holding the pipe cannot control either
the flow of gas or spreading of gas into the area where gas pipe is opened.
As per laws of physics, the gas coming from high pressure to atmospheric pressure
or low pressure area will expand immediately and it will spread into the entire
area and it cannot be aimed like a water or kerosene oil stream and the person
lighting match stick will have to burn himself also. This theory of burning by
gas pipe, therefore, must be discarded.
The examination of CFSL expert is to prove the report. The report given
by CFSL expert is that there was no traces of kerosene, petrol or diesel in the
clothes sent to the CFSL. This does not help the prosecution in any manner and I
am sure that any expert having knowledge of science would also discard the
theory put forth by the prosecution that the gas pipe can be aimed towards one
particular person and he alone can be burnt, saving other person present in the
room.
In view of this fact, coupled with the fact that the first dying
declaration made by the deceased that she made no allegations that she was burnt
by the accused, I consider that the accused is entitled for grant of bail. The
petitioner/accused be released on bail on his furnishing personal bond in the
sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the
Court concerned.
The observations made hereinabove are prima facie observations and shall
not affect the merits of the case.
Dasti under the signatures of Court Master.
(SHIV NARAYAN DHINGRA)
Vacation Judge
June 17, 2010
rd
Monday, June 21, 2010
Why is India not at the World Cup?
Well this is easy to answer, Indian Government has better things to do with the privy purse, they have to spend money for NCW, WCD Ministry so that they can kill men who would otherwise play on World cup teams. Who needs sports teams on world levels when India has Anti Men Laws beyond plantory levels, nothing like it on earth, that is 498a and DV act 2005.
Friday, 18 June 2010
Why does a country of a billion people with a red hot economy fail to produce a football side which qualifies for the World Cup?
As another edition of the world's greatest sporting event picks up pace, Indian football fans indulge in a familiar ritual of proxy worship. They slip into Argentina and Brazil - their two favourite teams - tee shirts and drape themselves in their flags, paint their icons on walls, and celebrate raucously when their favourite foreign team wins.
India's ranking in world football is a miserable 133. To put this into perspective, Burkina Faso, Benin, Rwanda, Sierra Leone, Swaziland, Haiti and Fiji rank higher.
India can take solace in some backbencher consolation that others in its neighbourhood are doing worse: Bangladesh (157), Sri Lanka (159), Nepal (161), Pakistan (165) and Bhutan (196). This is truly the bottom heap of the 202 football playing nations in the world.
It wasn't always like this.
Playing barefoot with reasonable ball skills, India actually qualified for the World Cup in Brazil in 1950 - the only time it has done so. But lack of foreign exchange, the prospects of a long sea journey and an insistence on playing barefoot meant that the team never made it to Brazil.
India even picked up the gold in football in the first Asian Games in 1951, beating a suitably booted Iran by a solitary goal. In 1956, after having put on its boots, India reached the semi-final in Olympics football, the first Asian country to do so. It stood fourth in the tournament. In 1962, India again picked up the football gold in the Asian Games.
Thereafter it was all downhill. India never qualified for the Olympics after 1960. It picked up a bronze in the 1970 Asian Games in Bangkok, described by commentators as "the swan song of Indian football".
So why can't a country where a third of its population is under 14 years of age - a nursery of potential footballers - with a long history of club football can't put together 11 young men who can kick ball and take it to the World Cup?
There was never a lack of football fans in the country. When I was growing up in Calcutta, the local football league matches played out on rough grounds with rickety stands were packed to the brim. There were football magazines and fan clubs aplenty. Only when World Cup football began beaming live on TV in the mid-1980s we discovered that the gods we had worshipped locally were made of clay.
Regular football leagues take place in at least eight states, but club football in India is pseudo-professional with a strong degree of amateurism.
Also, football, like most things in India, is run by politicians, who have wrested control of most sports - the chief of the football federation now is the federal aviation minister. Lack of professionalism, cronyism, indifference and politicisation is not letting the game thrive, so fans have deserted it to root for their international heroes. Sponsors are indifferent because the quality of the game is appalling.
In retrospect, it would appear that India was never serious about football the way it was about cricket. The All India Football Federation, which runs the game in India, was formed in 1937, but took more than a decade to get affiliated with FIFA, the world's apex football body. India insisted on playing barefoot when other nations were putting their boots on and the game was changing fast.
There have been occasional bursts of hope followed by darkness again. India's only football icon of sorts is a not-so-young player called Baichung Bhutia from the small north-eastern state of Sikkim. He was the first Indian player to sign up with an European Club and had an indifferent three-year stint in the third tier of the English league. Bhutia brought some glamour and respect back to the game in India, but what can one player do? Half a dozen foreign coaches have been hired over the years to whip the national side into a competitive outfit, but nothing much has happened.
So, India, sadly, remains an enthusiastic spectator without a team at the World Cup. As my friend and writer, Indrajit Hazra, quips: "We don't have to paint like Leonardo to appreciate the Mona Lisa. With World Cup football, too, we have mastered outsourcing our entertainment."
Friday, 18 June 2010
Why does a country of a billion people with a red hot economy fail to produce a football side which qualifies for the World Cup?
As another edition of the world's greatest sporting event picks up pace, Indian football fans indulge in a familiar ritual of proxy worship. They slip into Argentina and Brazil - their two favourite teams - tee shirts and drape themselves in their flags, paint their icons on walls, and celebrate raucously when their favourite foreign team wins.
India's ranking in world football is a miserable 133. To put this into perspective, Burkina Faso, Benin, Rwanda, Sierra Leone, Swaziland, Haiti and Fiji rank higher.
India can take solace in some backbencher consolation that others in its neighbourhood are doing worse: Bangladesh (157), Sri Lanka (159), Nepal (161), Pakistan (165) and Bhutan (196). This is truly the bottom heap of the 202 football playing nations in the world.
It wasn't always like this.
Playing barefoot with reasonable ball skills, India actually qualified for the World Cup in Brazil in 1950 - the only time it has done so. But lack of foreign exchange, the prospects of a long sea journey and an insistence on playing barefoot meant that the team never made it to Brazil.
India even picked up the gold in football in the first Asian Games in 1951, beating a suitably booted Iran by a solitary goal. In 1956, after having put on its boots, India reached the semi-final in Olympics football, the first Asian country to do so. It stood fourth in the tournament. In 1962, India again picked up the football gold in the Asian Games.
Thereafter it was all downhill. India never qualified for the Olympics after 1960. It picked up a bronze in the 1970 Asian Games in Bangkok, described by commentators as "the swan song of Indian football".
So why can't a country where a third of its population is under 14 years of age - a nursery of potential footballers - with a long history of club football can't put together 11 young men who can kick ball and take it to the World Cup?
There was never a lack of football fans in the country. When I was growing up in Calcutta, the local football league matches played out on rough grounds with rickety stands were packed to the brim. There were football magazines and fan clubs aplenty. Only when World Cup football began beaming live on TV in the mid-1980s we discovered that the gods we had worshipped locally were made of clay.
Regular football leagues take place in at least eight states, but club football in India is pseudo-professional with a strong degree of amateurism.
Also, football, like most things in India, is run by politicians, who have wrested control of most sports - the chief of the football federation now is the federal aviation minister. Lack of professionalism, cronyism, indifference and politicisation is not letting the game thrive, so fans have deserted it to root for their international heroes. Sponsors are indifferent because the quality of the game is appalling.
In retrospect, it would appear that India was never serious about football the way it was about cricket. The All India Football Federation, which runs the game in India, was formed in 1937, but took more than a decade to get affiliated with FIFA, the world's apex football body. India insisted on playing barefoot when other nations were putting their boots on and the game was changing fast.
There have been occasional bursts of hope followed by darkness again. India's only football icon of sorts is a not-so-young player called Baichung Bhutia from the small north-eastern state of Sikkim. He was the first Indian player to sign up with an European Club and had an indifferent three-year stint in the third tier of the English league. Bhutia brought some glamour and respect back to the game in India, but what can one player do? Half a dozen foreign coaches have been hired over the years to whip the national side into a competitive outfit, but nothing much has happened.
So, India, sadly, remains an enthusiastic spectator without a team at the World Cup. As my friend and writer, Indrajit Hazra, quips: "We don't have to paint like Leonardo to appreciate the Mona Lisa. With World Cup football, too, we have mastered outsourcing our entertainment."
Surrogacy not for married couples only: Draft law
June 21, 2010
Single men, women and even gays and lesbians could soon get the legal sanction to have children using surrogate mothers.
The draft Bill legalising surrogacy in India — the Assisted Reproductive Technology (ART) [Regulation] Bill 2010 — has provided for single parenthood by allowing “unmarried couples” and “single persons” from India and abroad to have children using ART procedure and surrogate mothers.
The Bill, with potential to rewrite the social landscape, may be tabled in the monsoon session of Parliament if the Union Cabinet clears it. By conferring the right to have children on unmarried couples and single persons, the Bill attempts to achieve several historic feats — legalising commercial surrogacy, single parenthood, live-in relationships and entitling even gays and lesbians to start families using surrogate mothers — at one go.
“Along with the term single persons, the path is open for gays and lesbians to use ART procedure,” said senior advocate Rajiv Dhavan, who played a crucial role in drafting the Bill along with his colleagues at Public Interest Legal Support and Research Centre. “The expression ‘unmarried couples’ generally suggests heterosexual relationships. But its interpretation has been left open.”
By conferring the right to have children on unmarried couples and single persons, the Bill attempts to achieve several historic feats — legalising commercial surrogacy, single parenthood, live-in relationships and entitling even gays and lesbians to start families using surrogate mothers — at one go.
Asked if such a legislation would conform to traditional Indian values, Dhavan said, “This Bill does not provoke a moral attack on the institution of family. Married persons will mostly use it. But the option to create family will also be available to all others.”
Renting of womb is legal in India but there is no law to regulate surrogacy.
A 2009 Law Commission report had described ART industry as “a Rs 25,000-crore pot of gold”. “Wombs in India are on rent which translates into babies for foreigners and dollars for Indian surrogate mothers,” the report had stated.
The commission had recommended legalising only altruistic surrogacy arrangements and not commercial ones. But the draft Bill legalises commercial surrogacy as well.
Clause 34(3) of the draft Bill specifically says that apart from all expenses involved, “the surrogate mother may also receive monetary compensation from the couple or individual, as the case may be, for agreeing to act as such surrogate.”
She will have to relinquish all parental rights over the child in favour of commissioning parent/s. Only a woman in the age-group of 21-35 can become a surrogate mother but she can not bear more than five children including her own.
In view of the recent controversy involving a German couple’s child born to a surrogate mother in India, the Bill makes it mandatory for foreigners to submit certificates on their country’s policy on surrogacy and that the child born to an Indian surrogate mother will get entry into the commissioning parent/s’ country.
The Bill proposes to set up a mechanism to regulate and supervise surrogacy in India.
Single men, women and even gays and lesbians could soon get the legal sanction to have children using surrogate mothers.
The draft Bill legalising surrogacy in India — the Assisted Reproductive Technology (ART) [Regulation] Bill 2010 — has provided for single parenthood by allowing “unmarried couples” and “single persons” from India and abroad to have children using ART procedure and surrogate mothers.
The Bill, with potential to rewrite the social landscape, may be tabled in the monsoon session of Parliament if the Union Cabinet clears it. By conferring the right to have children on unmarried couples and single persons, the Bill attempts to achieve several historic feats — legalising commercial surrogacy, single parenthood, live-in relationships and entitling even gays and lesbians to start families using surrogate mothers — at one go.
“Along with the term single persons, the path is open for gays and lesbians to use ART procedure,” said senior advocate Rajiv Dhavan, who played a crucial role in drafting the Bill along with his colleagues at Public Interest Legal Support and Research Centre. “The expression ‘unmarried couples’ generally suggests heterosexual relationships. But its interpretation has been left open.”
By conferring the right to have children on unmarried couples and single persons, the Bill attempts to achieve several historic feats — legalising commercial surrogacy, single parenthood, live-in relationships and entitling even gays and lesbians to start families using surrogate mothers — at one go.
Asked if such a legislation would conform to traditional Indian values, Dhavan said, “This Bill does not provoke a moral attack on the institution of family. Married persons will mostly use it. But the option to create family will also be available to all others.”
Renting of womb is legal in India but there is no law to regulate surrogacy.
A 2009 Law Commission report had described ART industry as “a Rs 25,000-crore pot of gold”. “Wombs in India are on rent which translates into babies for foreigners and dollars for Indian surrogate mothers,” the report had stated.
The commission had recommended legalising only altruistic surrogacy arrangements and not commercial ones. But the draft Bill legalises commercial surrogacy as well.
Clause 34(3) of the draft Bill specifically says that apart from all expenses involved, “the surrogate mother may also receive monetary compensation from the couple or individual, as the case may be, for agreeing to act as such surrogate.”
She will have to relinquish all parental rights over the child in favour of commissioning parent/s. Only a woman in the age-group of 21-35 can become a surrogate mother but she can not bear more than five children including her own.
In view of the recent controversy involving a German couple’s child born to a surrogate mother in India, the Bill makes it mandatory for foreigners to submit certificates on their country’s policy on surrogacy and that the child born to an Indian surrogate mother will get entry into the commissioning parent/s’ country.
The Bill proposes to set up a mechanism to regulate and supervise surrogacy in India.
Honour killing: Girl, lover hanged in Haryana village
Jun 21, 2010
BHIWANI/CHANDIGARH: Even as rural Haryana remains in the stranglehold of the defiant caste panchayats, honour killings continue in their most horrible form: On Sunday, the family members of a girl allegedly killed her and her teenaged lover and hanged them as exhibits in their house for the village to see their "fate."
According to police, Monika (18) and her lover Rinku (19), both from Jat families, were brutally killed for honour at Nimriwali village, near Bhiwani. The father of the girl, her brother, uncle and cousins are suspected to be behind the crime and are absconding.
"We’ve registered a case of murder and wrongful confinement on the basis of a complaint by Rinku’s uncle, Krishan Kumar. Police teams have been deputed to arrest the suspects named in the case. We are waiting for the post-mortem report. However, circumstances clearly suggest it to be an honour killing," said inspector Prem Singh, the investigating officer. Singh avoided enquiries as to who had informed the police and who first came to know about the incident.
According to preliminary investigations, the injury marks on the bodies of Monika and Rinku suggest that they were tortured by their killers.
Sources said Monika was a dropout and Rinku, who belonged to the neighbouring Manherhu village, was living with his maternal uncle, a trader. The two had been going around for over two years despite objections from their families. According to sources, the two were caught by their relatives at Monika’s uncle’s house.
BHIWANI/CHANDIGARH: Even as rural Haryana remains in the stranglehold of the defiant caste panchayats, honour killings continue in their most horrible form: On Sunday, the family members of a girl allegedly killed her and her teenaged lover and hanged them as exhibits in their house for the village to see their "fate."
According to police, Monika (18) and her lover Rinku (19), both from Jat families, were brutally killed for honour at Nimriwali village, near Bhiwani. The father of the girl, her brother, uncle and cousins are suspected to be behind the crime and are absconding.
"We’ve registered a case of murder and wrongful confinement on the basis of a complaint by Rinku’s uncle, Krishan Kumar. Police teams have been deputed to arrest the suspects named in the case. We are waiting for the post-mortem report. However, circumstances clearly suggest it to be an honour killing," said inspector Prem Singh, the investigating officer. Singh avoided enquiries as to who had informed the police and who first came to know about the incident.
According to preliminary investigations, the injury marks on the bodies of Monika and Rinku suggest that they were tortured by their killers.
Sources said Monika was a dropout and Rinku, who belonged to the neighbouring Manherhu village, was living with his maternal uncle, a trader. The two had been going around for over two years despite objections from their families. According to sources, the two were caught by their relatives at Monika’s uncle’s house.
Minor girl forcibly married to 50-year old man
June 21, 2010
An alleged 15-year-old girl was forcibly married off to a 50-year-old man at Ameerpet area in Hyderabad on Sunday, the third such incident being reported from Andhra Pradesh in the last four days, police said.
The elder sister of the married girl, Kalyani lodged a complaint with Punjagutta police seeking to stop the wedding alleging that the girl was minor, but by the time police went to the area the marriage was solemnised, they said.
The girl's parents claimed that she was 20-years-old and was marrying for the second time, after having divorced a man whom she had married in 2008.
However, Kalyani alleged that it was a forcible marriage of a minor. Punjagutta Police said they had brought the groom Ishwar and the girl to the police station.
"We are verifying both the versions. The girl is being sent for medical examination to FSL to determine her age and we will act accordingly based on the report," a police officer said, adding they had registered a case under Child Marriage Restraint Act.
It may be recalled that a 58-year-old man was arrested for marrying a 14-year-old girl in Rajahmundry town of Andhra Pradesh on June 17, while in a similar incident RGI police arrested a 57-year-old man in Rajendranagar area in Hyderabad, for allegedly marrying a minor girl yesterday.
An alleged 15-year-old girl was forcibly married off to a 50-year-old man at Ameerpet area in Hyderabad on Sunday, the third such incident being reported from Andhra Pradesh in the last four days, police said.
The elder sister of the married girl, Kalyani lodged a complaint with Punjagutta police seeking to stop the wedding alleging that the girl was minor, but by the time police went to the area the marriage was solemnised, they said.
The girl's parents claimed that she was 20-years-old and was marrying for the second time, after having divorced a man whom she had married in 2008.
However, Kalyani alleged that it was a forcible marriage of a minor. Punjagutta Police said they had brought the groom Ishwar and the girl to the police station.
"We are verifying both the versions. The girl is being sent for medical examination to FSL to determine her age and we will act accordingly based on the report," a police officer said, adding they had registered a case under Child Marriage Restraint Act.
It may be recalled that a 58-year-old man was arrested for marrying a 14-year-old girl in Rajahmundry town of Andhra Pradesh on June 17, while in a similar incident RGI police arrested a 57-year-old man in Rajendranagar area in Hyderabad, for allegedly marrying a minor girl yesterday.
Sunday, June 20, 2010
Feminists are a bunch of irrational ninnies
February 9, 2010
By Carey Roberts
I've been waiting all day to unload this, so sit down and get ready for a good belly-laugh...
Remember Susan Estrich? She was Michael Dukakis' campaign manager for his disastrous presidential run in 1988. But washed-up liberals don't shrivel up and blow away, they reinvent themselves as pundits and news analysts.
Apparently Ms. Estrich, the Grand-Dame of feminist victimology, has taken great offense at Apple Computer's decision to name its newest electronic gizmo, iPad. So last week she penned a column called "The Value of Diversity." Blazing away with her gendered six-shooter, Estrich issued this scathing pronouncement:
"Is there a woman in America who did not laugh, or at least roll her eyes, the minute she heard that the newest, hottest tablet computer from one of America's most ingenuous companies was going to sound like a feminine hygiene product? The iKotex is what most people I know are calling it, with apologies to Kotex."
The moral of Estrich's preposterous complaint? That Apple needs to bring more women into the upper echelons of corporate decision-making.
Really, how can anyone with a claim to sanity come to view the name of a cute digital device as proof of gender oppression?
This isn't the first time Ms. Estrich got her wires crossed.
Eight years ago Clara Harris ran over her ex-husband David, as their daughter sat in the front seat of the car. I've seen the tape, it's sickening to watch the violent woman repeatedly drive her car over David's prostrate body. The woman was later convicted of manslaughter and sentenced to hard time.
But Estrich thought the woman's actions were completely justifiable. "Who could blame [Clara] for getting into her Mercedes and running him over?", Estrich later asked.
Lindsey Harris, who had pleaded with her mother to cease the slaughter, took issue with Estrich's bizarre rationalization. The young woman denounced her mother's rampage as "the ultimate act of selfishness, caring only about obtaining revenge and thinking not one bit about how her horrible act was going to affect me or my brothers, Brian and Bradley."
Amazingly, there are other persons out there who believe Clara Harris was doing what any woman in full possession of her senses would do.
One such person is Regina Barreca, PhD (gb@ginabarreca.com), professor of feminist theory at the University of Connecticut. Berreca bills herself as putting the "funny in feminism" — but a passing glance at the titles of her books reveals a lady with a well-honed ax to grind: "I'm With Stupid: One Man, One Woman, and 10,000 Years of Misunderstanding Between the Sexes Cleared Right Up," and "Perfect Husbands (and Other Fairy Tales)."
And what does Berreca have to say about husband-killer Clara Harris? Repeatedly running over her ex was a "great moment of revenge," she lucidly explains. That adumbration of the truth graces the current issue of Psychology Today.
And then the grand brouhaha over the recent Super Bowl ad featuring former Florida quarterback Tim Tebow and his mother Pam. Conveying a soft-sell pro-life message, the advertisement shows the muscle-clad football player playfully tackling his mother.
Almost everyone in the universe knew it was a joke.
Except for National Organization for Women president Terry O'Neill, who pitiably proclaimed herself Highly Offended: "I am blown away at the celebration of the violence against women in it." Railing against the network airing the ad, O'Neill exclaimed, "I think CBS should be ashamed of itself."
Five years ago Susan Estrich had a very public hissy-fit when she discovered only a fraction of the L.A. Times op-eds were written by women. A few days later the Times ran a piece by Charlotte Allen explaining the relative dearth of female writers: "Ideological feminism has ghettoized and trivialized the subject matter of women's writing."
Once upon a time, feminists haughtily proclaimed their movement was intended to eradicate the stereotype of air-headed women who couldn't think calmly or act rationally. Funny how feminism has become a gaudy parody unto itself.
By Carey Roberts
I've been waiting all day to unload this, so sit down and get ready for a good belly-laugh...
Remember Susan Estrich? She was Michael Dukakis' campaign manager for his disastrous presidential run in 1988. But washed-up liberals don't shrivel up and blow away, they reinvent themselves as pundits and news analysts.
Apparently Ms. Estrich, the Grand-Dame of feminist victimology, has taken great offense at Apple Computer's decision to name its newest electronic gizmo, iPad. So last week she penned a column called "The Value of Diversity." Blazing away with her gendered six-shooter, Estrich issued this scathing pronouncement:
"Is there a woman in America who did not laugh, or at least roll her eyes, the minute she heard that the newest, hottest tablet computer from one of America's most ingenuous companies was going to sound like a feminine hygiene product? The iKotex is what most people I know are calling it, with apologies to Kotex."
The moral of Estrich's preposterous complaint? That Apple needs to bring more women into the upper echelons of corporate decision-making.
Really, how can anyone with a claim to sanity come to view the name of a cute digital device as proof of gender oppression?
This isn't the first time Ms. Estrich got her wires crossed.
Eight years ago Clara Harris ran over her ex-husband David, as their daughter sat in the front seat of the car. I've seen the tape, it's sickening to watch the violent woman repeatedly drive her car over David's prostrate body. The woman was later convicted of manslaughter and sentenced to hard time.
But Estrich thought the woman's actions were completely justifiable. "Who could blame [Clara] for getting into her Mercedes and running him over?", Estrich later asked.
Lindsey Harris, who had pleaded with her mother to cease the slaughter, took issue with Estrich's bizarre rationalization. The young woman denounced her mother's rampage as "the ultimate act of selfishness, caring only about obtaining revenge and thinking not one bit about how her horrible act was going to affect me or my brothers, Brian and Bradley."
Amazingly, there are other persons out there who believe Clara Harris was doing what any woman in full possession of her senses would do.
One such person is Regina Barreca, PhD (gb@ginabarreca.com), professor of feminist theory at the University of Connecticut. Berreca bills herself as putting the "funny in feminism" — but a passing glance at the titles of her books reveals a lady with a well-honed ax to grind: "I'm With Stupid: One Man, One Woman, and 10,000 Years of Misunderstanding Between the Sexes Cleared Right Up," and "Perfect Husbands (and Other Fairy Tales)."
And what does Berreca have to say about husband-killer Clara Harris? Repeatedly running over her ex was a "great moment of revenge," she lucidly explains. That adumbration of the truth graces the current issue of Psychology Today.
And then the grand brouhaha over the recent Super Bowl ad featuring former Florida quarterback Tim Tebow and his mother Pam. Conveying a soft-sell pro-life message, the advertisement shows the muscle-clad football player playfully tackling his mother.
Almost everyone in the universe knew it was a joke.
Except for National Organization for Women president Terry O'Neill, who pitiably proclaimed herself Highly Offended: "I am blown away at the celebration of the violence against women in it." Railing against the network airing the ad, O'Neill exclaimed, "I think CBS should be ashamed of itself."
Five years ago Susan Estrich had a very public hissy-fit when she discovered only a fraction of the L.A. Times op-eds were written by women. A few days later the Times ran a piece by Charlotte Allen explaining the relative dearth of female writers: "Ideological feminism has ghettoized and trivialized the subject matter of women's writing."
Once upon a time, feminists haughtily proclaimed their movement was intended to eradicate the stereotype of air-headed women who couldn't think calmly or act rationally. Funny how feminism has become a gaudy parody unto itself.
Abusegate: teaching women to falsely accuse
February 16, 2010
By Carey Roberts
"Oh, I just got raped."
With those five words, Danmell Ndonye turned the lives of four innocent men into a living nightmare. For several days last September, Stalin Felipe, Kevin Taveras, Jesus Ortiz, and Rondell Bedward were publicly branded as rapists, mauled by jail guards, and threatened with 25 years behind bars.
"I'm not even 25 years old. I'm just 19," a relieved Felipe said later, following news that the tryst had been taped on a by-stander's cell phone, which showed the encounter to be entirely (and enthusiastically) consensual.
Afterwards, classmates were "calling my daughter the sister of a rapist," explained Ramiro Taveras, father of one of the falsely accused men. "Unfortunately, everything doesn't stop because the DA says go home and drops the charges."
Ndonye, a freshman at New York's Hofstra University, had been spotted by her new boyfriend following a raunchy bathroom romp, and she didn't want him to think she was a "slut." So she conjured up the rape ruse to conceal the truth.
False accusations of rape, sexual assault, and domestic violence are not an anomaly.
Sociologist Eugene Kanin did two studies of rape claims among university students. The first found a 50% false accusation rate, the second reported 41% of women later recanted their stories.
Studies of domestic violence accusations paint a similar picture.
One analysis of protective orders in West Virginia found seven of 10 orders were unnecessary or false. A Massachusetts inquiry found over half of protective order petitions did not even allege physical abuse.
Another study, "Prosecution and Conviction Rates for Intimate Partner Violence," published last year in Criminal Justice Review, found only one-third of persons arrested for domestic violence are convicted of the crime. Considering one million Americans are arrested every year for DV, that's a whale of a lot of persons tossed into the back seat of a squad car without probable cause!
Lawyers are well aware of the problem. Elaine Epstein, former president of the Massachusetts Bar Association, revealed, "Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply." And Casey Gwinn, a nationally-known domestic violence prosecutor, admits, "If we prosecuted everybody for perjury that gets on a witness stand and changes their story, everybody would go to jail."
The federal Violence Against Women Act — VAWA — bears much of the responsibility for this legal travesty. VAWA teaches women to bear false witness in five ways:
First, VAWA subscribes to the dubious proposition that any slight — physical, psychological, or financial — is a form of "violence." That includes raising your voice, furrowing your brow, even sticking out your tongue. In most states, any woman who claims to be "fearful" — no evidence required — is entitled to a protective order.
Second, VAWA-funded public awareness programs bombard the public with images of violent men, leaving women hyper-vigilant and fearful. These feminist indoctrination campaigns dishonestly veil the fact that women are equally likely to strike their male partners. And don't expect them to murmur a peep about former NFL star quarterback Steven McNair, shot four times in the chest by his ex-girlfriend last July.
Third, VAWA hires so-called "domestic violence advocates" to work in police departments and courthouses. These persons coach women to gussy up their stories so judges become convinced they are victims of abuse.
Fourth, the system offers loads of bennies to women who have ascended to the cult-like status as "survivors" of domestic violence. Not only do they get free legal help, they are also entitled to preferential treatment by the family law system, welfare services, and public housing.
Fifth, there are no penalties for women who manipulate the system. If a woman wants to make a man's life miserable, she can keep going back to the courthouse, rehashing her sob-story about being "harassed" or "stalked" or "abused." No evidence is required, not even an allegation of actual violence.
I have known good, upstanding men who have been broken by the calumnies of their vindictive exes. Their reputations savaged and savings depleted, their lives have become filled with court hearings and legal consultations to the point they can no longer find steady employment.
In a disturbing sense, these men are the lucky ones.
Freddie Peacock of Rochester, NY was convicted of rape in 1976 and sentenced to hard time. Six years later he was released on parole. For the next 28 years, Peacock fought to prove his innocence.
Two weeks ago Mr. Peacock became the 250th person in the United States to be exonerated through DNA testing. "Freddie Peacock was released many years ago, but he hasn't been truly free because the cloud of this conviction hung over him," explained Olga Akselrod, the attorney handling his case.
By Carey Roberts
"Oh, I just got raped."
With those five words, Danmell Ndonye turned the lives of four innocent men into a living nightmare. For several days last September, Stalin Felipe, Kevin Taveras, Jesus Ortiz, and Rondell Bedward were publicly branded as rapists, mauled by jail guards, and threatened with 25 years behind bars.
"I'm not even 25 years old. I'm just 19," a relieved Felipe said later, following news that the tryst had been taped on a by-stander's cell phone, which showed the encounter to be entirely (and enthusiastically) consensual.
Afterwards, classmates were "calling my daughter the sister of a rapist," explained Ramiro Taveras, father of one of the falsely accused men. "Unfortunately, everything doesn't stop because the DA says go home and drops the charges."
Ndonye, a freshman at New York's Hofstra University, had been spotted by her new boyfriend following a raunchy bathroom romp, and she didn't want him to think she was a "slut." So she conjured up the rape ruse to conceal the truth.
False accusations of rape, sexual assault, and domestic violence are not an anomaly.
Sociologist Eugene Kanin did two studies of rape claims among university students. The first found a 50% false accusation rate, the second reported 41% of women later recanted their stories.
Studies of domestic violence accusations paint a similar picture.
One analysis of protective orders in West Virginia found seven of 10 orders were unnecessary or false. A Massachusetts inquiry found over half of protective order petitions did not even allege physical abuse.
Another study, "Prosecution and Conviction Rates for Intimate Partner Violence," published last year in Criminal Justice Review, found only one-third of persons arrested for domestic violence are convicted of the crime. Considering one million Americans are arrested every year for DV, that's a whale of a lot of persons tossed into the back seat of a squad car without probable cause!
Lawyers are well aware of the problem. Elaine Epstein, former president of the Massachusetts Bar Association, revealed, "Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply." And Casey Gwinn, a nationally-known domestic violence prosecutor, admits, "If we prosecuted everybody for perjury that gets on a witness stand and changes their story, everybody would go to jail."
The federal Violence Against Women Act — VAWA — bears much of the responsibility for this legal travesty. VAWA teaches women to bear false witness in five ways:
First, VAWA subscribes to the dubious proposition that any slight — physical, psychological, or financial — is a form of "violence." That includes raising your voice, furrowing your brow, even sticking out your tongue. In most states, any woman who claims to be "fearful" — no evidence required — is entitled to a protective order.
Second, VAWA-funded public awareness programs bombard the public with images of violent men, leaving women hyper-vigilant and fearful. These feminist indoctrination campaigns dishonestly veil the fact that women are equally likely to strike their male partners. And don't expect them to murmur a peep about former NFL star quarterback Steven McNair, shot four times in the chest by his ex-girlfriend last July.
Third, VAWA hires so-called "domestic violence advocates" to work in police departments and courthouses. These persons coach women to gussy up their stories so judges become convinced they are victims of abuse.
Fourth, the system offers loads of bennies to women who have ascended to the cult-like status as "survivors" of domestic violence. Not only do they get free legal help, they are also entitled to preferential treatment by the family law system, welfare services, and public housing.
Fifth, there are no penalties for women who manipulate the system. If a woman wants to make a man's life miserable, she can keep going back to the courthouse, rehashing her sob-story about being "harassed" or "stalked" or "abused." No evidence is required, not even an allegation of actual violence.
I have known good, upstanding men who have been broken by the calumnies of their vindictive exes. Their reputations savaged and savings depleted, their lives have become filled with court hearings and legal consultations to the point they can no longer find steady employment.
In a disturbing sense, these men are the lucky ones.
Freddie Peacock of Rochester, NY was convicted of rape in 1976 and sentenced to hard time. Six years later he was released on parole. For the next 28 years, Peacock fought to prove his innocence.
Two weeks ago Mr. Peacock became the 250th person in the United States to be exonerated through DNA testing. "Freddie Peacock was released many years ago, but he hasn't been truly free because the cloud of this conviction hung over him," explained Olga Akselrod, the attorney handling his case.
I-VAWA: set-back for women?
March 10, 2010
By Carey Roberts
The International Violence Against Women Act — I-VAWA for short — has recently been introduced in Congress. Certainly we all wish to see an end to domestic violence around the world.
But scratch below its innocent-sounding name and you'll find a bill brimming with ideological buzz-words, dubious assumptions, and unproven remedies. Worse, if passed, the International Violence Against Women Act could actually harm women around the globe. Here's how:
1. Defines minor marital discord as "violence." I-VAWA defines domestic violence broadly to include "coercion." Do we really want to prosecute a woman on charges of pestering her better half? Is it wise to turn husband-nagging into a crime?
2. Will weaken the family structure. Families are the most important economic and social institution, especially in developing countries. Encouraging persons to scream "abuse!" for every lover's quarrel and marital tiff will rend asunder family ties.
3. Will place women at greater risk of partner violence. By breaking up the family unit, women will face higher odds of abuse. Research shows persons in stable, married relationships have the lowest rates of partner violence, while the highest rates are found among separating and unmarried couples.
4. Will force women into poverty. Removed from their primary breadwinner, women will be forced to depend on social welfare programs that are spotty or non-existent in Third World countries. (In the 1970s, Great Society programs required low-income women to leave their income-producing husbands in order to qualify for aid. Social scientists termed the ensuing pauperization the "feminization of poverty.")
5. Will result in the widespread incarceration of women. I-VAWA would institute heavy-handed criminal justice measures. In India, misguided mandatory arrest policies resulted in the arrest of 123,000 women accused of abuse during the period 2004-2007. Now, women's groups are at the forefront of efforts to roll back the country's domestic violence laws: http://uchalla.wordpress.com/2010/03/03/international-womens-day-2010/
6. Ignores the leading cause of domestic violence injury to women. According to Centers for Disease Control researcher Daniel Whitaker, "a woman's perpetration of violence was the strongest predictor of her being a victim of partner violence." But I-VAWA is silent about helping violence-prone women to curb their abuse.
7. Closes it eyes to other common causes of domestic violence. Partner violence is often linked to alcohol or drug abuse, poor conflict resolution skills, and childhood emotional trauma. Again, I-VAWA implies these are non-issues.
8. Stereotypes men as abusers. Most women care for men — their husbands, boyfriends, fathers, brothers, co-workers, and sons. Women certainly don't want men to be vilified, or have their civil rights removed in the name of curbing abuse.
9. Silences partner abuse in the lesbian community. Lesbian (and gay) couples experience domestic violence as often as heterosexual couples. Stereotypically depicting domestic violence as men striking women does a grave disservice to persons in same-sex relationships.
10. Diverts resources away from the true victims. The true victims of domestic violence need our help. These persons shouldn't have to compete with trivial or bogus cases to get the protection and help they need.
The International Violence Against Women Act is so far removed from the realities that women around the world face — and from the science of effective abuse-reduction methods — that one wonders if I-VAWA should be renamed the International Act Against Women.
By Carey Roberts
The International Violence Against Women Act — I-VAWA for short — has recently been introduced in Congress. Certainly we all wish to see an end to domestic violence around the world.
But scratch below its innocent-sounding name and you'll find a bill brimming with ideological buzz-words, dubious assumptions, and unproven remedies. Worse, if passed, the International Violence Against Women Act could actually harm women around the globe. Here's how:
1. Defines minor marital discord as "violence." I-VAWA defines domestic violence broadly to include "coercion." Do we really want to prosecute a woman on charges of pestering her better half? Is it wise to turn husband-nagging into a crime?
2. Will weaken the family structure. Families are the most important economic and social institution, especially in developing countries. Encouraging persons to scream "abuse!" for every lover's quarrel and marital tiff will rend asunder family ties.
3. Will place women at greater risk of partner violence. By breaking up the family unit, women will face higher odds of abuse. Research shows persons in stable, married relationships have the lowest rates of partner violence, while the highest rates are found among separating and unmarried couples.
4. Will force women into poverty. Removed from their primary breadwinner, women will be forced to depend on social welfare programs that are spotty or non-existent in Third World countries. (In the 1970s, Great Society programs required low-income women to leave their income-producing husbands in order to qualify for aid. Social scientists termed the ensuing pauperization the "feminization of poverty.")
5. Will result in the widespread incarceration of women. I-VAWA would institute heavy-handed criminal justice measures. In India, misguided mandatory arrest policies resulted in the arrest of 123,000 women accused of abuse during the period 2004-2007. Now, women's groups are at the forefront of efforts to roll back the country's domestic violence laws: http://uchalla.wordpress.com/2010/03/03/international-womens-day-2010/
6. Ignores the leading cause of domestic violence injury to women. According to Centers for Disease Control researcher Daniel Whitaker, "a woman's perpetration of violence was the strongest predictor of her being a victim of partner violence." But I-VAWA is silent about helping violence-prone women to curb their abuse.
7. Closes it eyes to other common causes of domestic violence. Partner violence is often linked to alcohol or drug abuse, poor conflict resolution skills, and childhood emotional trauma. Again, I-VAWA implies these are non-issues.
8. Stereotypes men as abusers. Most women care for men — their husbands, boyfriends, fathers, brothers, co-workers, and sons. Women certainly don't want men to be vilified, or have their civil rights removed in the name of curbing abuse.
9. Silences partner abuse in the lesbian community. Lesbian (and gay) couples experience domestic violence as often as heterosexual couples. Stereotypically depicting domestic violence as men striking women does a grave disservice to persons in same-sex relationships.
10. Diverts resources away from the true victims. The true victims of domestic violence need our help. These persons shouldn't have to compete with trivial or bogus cases to get the protection and help they need.
The International Violence Against Women Act is so far removed from the realities that women around the world face — and from the science of effective abuse-reduction methods — that one wonders if I-VAWA should be renamed the International Act Against Women.
I-VAWA: liberal lies tempt women to embrace a radical agenda
March 19, 2010
By Carey Roberts
The International Violence Against Women Act, recently introduced in Congress, is a bill that purports to curb partner violence around the world. Who could ever be opposed to that?
But look more closely, and you'll discover a billion-dollar manifesto that is larded with ideological assumptions, logical non-sequiturs, and outright falsehoods. Many women may come to believe its alarming statistics and demand its passage — and that's what makes this bill so worrisome.
Behind its innocent-sounding name, the International Violence Against Women Act will fund "female empowerment" programs that would serve to break up families, vilify men as abusers, and leave millions of women dependent on the state.
The bill does that by defining domestic violence expansively to include "coercion" and "psychological harm," convincing women to call the police at sign of the first sharply-uttered word, and then slapping a restraining order on the couple that has the effect of precluding partner counseling or reconciliation.
I'm not going to claim that Democrats Sen. John Kerry or Rep. Bill Delahunt of Massachusetts truly desire to undermine the fundamental family unit. But the fact is, their bill is awash in a sea of Orwellian half-truths that are designed to scare women out of the protective embrace of the family.
If even half the bills' 15 findings were truthful, I might think about supporting the International Violence Against Women Act. But it turns out to be a sham, a scientific legerdemain that calls to mind the United Nations' now-discredited predictions on global warming.
Take I-VAWA's leading claim that "up to 70% of women in some countries report having being victims of domestic violence at some point in their lives."
Two years ago University of New Hampshire researcher Murray Straus published the results of a survey of university-student dating violence in 32 countries around the world. The results? About a quarter of the students acknowledged a slap, a shove, or other type of partner violence in the past year, and — get this — women were more likely to be the aggressors than men.
The I-VAWA bill deftly omits mention of that inconvenient truth.
Then there's the indelicate qualifier, "up to." Exactly what does that mean?
Turns out the "up to 70%" points to two obscure studies from Nicaragua and Papua New Guinea — and neither of the studies were peer-reviewed. That's the mistake the United Nations global warming panel made when it warned the Himalayan glaciers were doomed to melt by 2035.
The I-VAWA bill makes other claims that any half-intelligent person would immediately recognize as preposterous. Like the sky-is-falling claim that "Violence against women dramatically impedes progress in meeting all of our global health goals."
Really?
Around the world, the leading causes of death are infectious diseases, heart conditions, and cancer. So TB, malaria, and measles are all caused by partner abuse? Cancer, too?
I know it sounds funny, but that's what Sen. Kerry and Rep. Delahunt want us to believe.
Kerry and Delahunt also declaim that domestic violence is contributing "dramatically" to maternal mortality. Better tell that to the Pan American Health Organization, because they're on record as saying, "It is not yet known what proportion of maternal mortality is due to domestic violence."
Then there's the old chestnut that "1 in 4 women are abused during pregnancy" — that one is calculated to convince all the chivalrous souls out there to jump on the I-VAWA bandwagon. But wait! The World Health Organization's 10-country survey of domestic violence found the real figure is closer to 4-12%, not one in four.
Weren't liberals the ones who invented fuzzy math?
Overall, the bill contains 15 findings. Of the 15, none of them are objective, verifiable, and truthful: http://www.ifeminists.net/e107_plugins/content/content.php?content.702
That's right, the International Violence Against Women Act, to put it delicately, is filled with fibs. As a result of its ideologically-driven recommendations, I-VAWA is more likely to harm than help women: http://www.renewamerica.com/columns/roberts/100310
Can we at least give liberals an "E" for Effort?
By Carey Roberts
The International Violence Against Women Act, recently introduced in Congress, is a bill that purports to curb partner violence around the world. Who could ever be opposed to that?
But look more closely, and you'll discover a billion-dollar manifesto that is larded with ideological assumptions, logical non-sequiturs, and outright falsehoods. Many women may come to believe its alarming statistics and demand its passage — and that's what makes this bill so worrisome.
Behind its innocent-sounding name, the International Violence Against Women Act will fund "female empowerment" programs that would serve to break up families, vilify men as abusers, and leave millions of women dependent on the state.
The bill does that by defining domestic violence expansively to include "coercion" and "psychological harm," convincing women to call the police at sign of the first sharply-uttered word, and then slapping a restraining order on the couple that has the effect of precluding partner counseling or reconciliation.
I'm not going to claim that Democrats Sen. John Kerry or Rep. Bill Delahunt of Massachusetts truly desire to undermine the fundamental family unit. But the fact is, their bill is awash in a sea of Orwellian half-truths that are designed to scare women out of the protective embrace of the family.
If even half the bills' 15 findings were truthful, I might think about supporting the International Violence Against Women Act. But it turns out to be a sham, a scientific legerdemain that calls to mind the United Nations' now-discredited predictions on global warming.
Take I-VAWA's leading claim that "up to 70% of women in some countries report having being victims of domestic violence at some point in their lives."
Two years ago University of New Hampshire researcher Murray Straus published the results of a survey of university-student dating violence in 32 countries around the world. The results? About a quarter of the students acknowledged a slap, a shove, or other type of partner violence in the past year, and — get this — women were more likely to be the aggressors than men.
The I-VAWA bill deftly omits mention of that inconvenient truth.
Then there's the indelicate qualifier, "up to." Exactly what does that mean?
Turns out the "up to 70%" points to two obscure studies from Nicaragua and Papua New Guinea — and neither of the studies were peer-reviewed. That's the mistake the United Nations global warming panel made when it warned the Himalayan glaciers were doomed to melt by 2035.
The I-VAWA bill makes other claims that any half-intelligent person would immediately recognize as preposterous. Like the sky-is-falling claim that "Violence against women dramatically impedes progress in meeting all of our global health goals."
Really?
Around the world, the leading causes of death are infectious diseases, heart conditions, and cancer. So TB, malaria, and measles are all caused by partner abuse? Cancer, too?
I know it sounds funny, but that's what Sen. Kerry and Rep. Delahunt want us to believe.
Kerry and Delahunt also declaim that domestic violence is contributing "dramatically" to maternal mortality. Better tell that to the Pan American Health Organization, because they're on record as saying, "It is not yet known what proportion of maternal mortality is due to domestic violence."
Then there's the old chestnut that "1 in 4 women are abused during pregnancy" — that one is calculated to convince all the chivalrous souls out there to jump on the I-VAWA bandwagon. But wait! The World Health Organization's 10-country survey of domestic violence found the real figure is closer to 4-12%, not one in four.
Weren't liberals the ones who invented fuzzy math?
Overall, the bill contains 15 findings. Of the 15, none of them are objective, verifiable, and truthful: http://www.ifeminists.net/e107_plugins/content/content.php?content.702
That's right, the International Violence Against Women Act, to put it delicately, is filled with fibs. As a result of its ideologically-driven recommendations, I-VAWA is more likely to harm than help women: http://www.renewamerica.com/columns/roberts/100310
Can we at least give liberals an "E" for Effort?
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