Posts Tagged ‘498a’

GROSS MISUSE OF IPC 498a- WHY SUPREME COURT HAS TO INTERVENE ??

July 7, 2014

The recent landmark judgement by SC on IPC 498a Misuse and Arrests under this section has sparked fresh debate on credibility of 498a. The indian  feminists and Women bodies are crying it foul without going into legal prepositions & wisdom . They are still not ready to accept the principal of natural justice in the crimes against women. They are so critical of this order as if this order will doom  their economic & social future. They are feeling the heat of  loosing their support base.

However, on the other side, the post below is a detailed analysis(with facts & figures from authorized sources) of  Why Supreme Court has to intervene :-

http://sffdelhitrainingsessions.blogspot.in/2014/07/NCRBArneshSupremeCourt.html

CRIME IS CRIME 

CRIME IS NOT COMMITTED BY GENDER BUT BY A CRIMINAL MIND….

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Saving the Family/Marriage – an uphill task for Indian Men

July 7, 2010

Since the beginning of civilization, a Family, the smallest & fundamental social unit of society is serving the purpose of primary training ground for nurturing physiological, emotional, social and psychological  needs/strengths of an individual irrespective of his/her gender. As Family is a strongest pillar of a society & civilization, it needs strong bonds of ethics, values & morals to remain intact and meaningful. More so, because wherever, a group of people resides together some collision in thoughts and life style bounds to happen. Therefore, family values are important and should be cherished and nurtured. Love, support, friendship, and guidance are key qualities necessary to form a strong family bond. The nation/ society having strong family system can easily absorb any external or internal trouble/threats and it icons a true vibrant society.

             India was once known for it’s very strong Joint Family System, so practiced since from ancient times and strongly interwoven by ethics & values. The family was headed by an oldest person mainly Man ( however, in some parts of India by Female) who was having responsibility as well as authority to safeguard purpose and the key qualities of family bond alongwith passing on the ethics & values over to next generations. But the in-roads (in the name of so called development) of western culture, media, equality, rights, empowerment etc. in the society has shattered this concept of Indian joint family and the nuclear family system prevailed.  

The main supporter of nuclear families is young Women of today, as today’s 99% young women are only willing to have a nuclear family on the pretext of burden of household work, harassment, ill-treatment etc. in joint family but the truth is, it gives them an unrestricted freedom of their choice beyond any ethics, values and responsibilities. The mind of these young women is more influenced by the feminists propaganda than their own grand mothers and other old females in their family. This change in mindset of young women and the added fuel to this thinking by the Government and other feminist pressure groups in the name of empowerment and equality to women coupled with enforcing of gender biased laws is the main reason of breaking of families and joint family system in India.

However, in nuclear family system too, the responsibility to keep family intact solely lies on Man only, besides his legal commitment of fulfillment of all other needs of the family. So, marriage has became a double edged sword for Men in India and Men faces a tricky situation, firstly, if he chooses a nuclear family under pressure from his wife, he is accused of leaving his parents & kin and carries this guilt for life, besides this, it gives undue elevation to the unscrupulous wife’s moral to dictate her terms and ill designs. Further, wife once successful in separating her husband from his parents and breaking the in-law’s family doesn’t stop there but instead encouraged with her this achievement she continue to adapt this strategy to make her husband to bow to her any unlawful demand(monetary, personal or social) in future. Under the threat of legal tools especially designed for her by Indian Government, husband has to obey her because the legal impunity granted to wife in India is very much clear from what even the Apex legal authority i.e. Hon’ble Supreme Court of India has reiterated to the husbands of this country time and again that “Move left if your wife says so or move to right if she desire so”.

Secondly, if he doesn’t leave his parents (because he is the one who lived with them for 25-30 years and very well know their habits & nature and is the best judge among both parents & wife), his life can be made hell easily by his empowered and legally strengthened wife, who with motives to take revenge, to secure her future and to extort money from him not only tries to teach lesson to him but to many others in his family by implicating them in various false criminal cases like dowry, domestic violence etc. which are so gender biased that they can be set into motion merely on her complaint.

In this scenario and ever increasing lust for money and power in Indian society, it becomes impossible to strengthen the bonds of ethics & values in family and the key qualities necessary to form a strong family like love, support, friendship, and guidance looks a distant dream. But strangely & ironically, everybody(judiciary, society or Government) still expects from Man, who is already in such a hot soup with social as well as legal adversities all around to save family/marriage. The Man is panelized economically, emotionally, physically and socially for any failure of marriage/family as he is the one who is supposed to and is legally made responsible to save the family / marriage. Nobody be it society, Government, judiciary or police is giving any heed to his problems/pressures but continues to pamper women on the age-old beliefs & myths. So, the big question remains in front of him is  How to save family (may be joint or nuclear) or marriage ?  All the wild blames are directed towards him but his endless sufferings goes-by unnoticed. Moreover, in this bad situation, he is being alienated more & more by gender biased laws and the only solution that emerges for Man is to say NO to marriage itself. Is this what the society, Government or feminists want ?

The Truth about Lies in India

July 3, 2010

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.

 So, it can be easily inferred that in INDIA Truth has been intentionally and legally defeated and lies from women weighs highest.

Vicious Women Empowerment

June 4, 2010

VICIOUS WOMEN EMPOWERMENT IN INDIA

No, India can’t be a dowry free State

May 24, 2010

Many decades has been passed since  enforcing of Dowry Prohibition Act,1961, in India but still it is claimed by the NCW and Government that Dowry menace is ever increasing in the society as the cases registered under this Act is increasing. The NCW & Government needs introspection here about their stats and wisdom.

If it’s so, then Why India is not able to eliminate this dowry menace from it’s society ?. Here, I have the answer:

India can’t be a dowry free State

  1. Until National Commission for Women(NCW) is close down or disoriented.
  2. Until Country is not forced to be run by feminists.
  3. Until legislatures change their feministic view about family & marriage matters.
  4. Until Courts realize their duty to take cognizance of Perjury (if any) against parents of bride.
  5. Until the dowry givers are punished.
  6. Until  the  IPC 498a is scraped.
  7. Until  the word “dowry”  is used for every trouble caused to a woman.
  8. Until every death of married women is termed as Dowry Death.
  9. Until  unscrupulous women are entitled for  maintenance.
  10. Until child custody is primarily the right of woman.
  11. Until Domestic violence is attributed only to husband.
  12. Until matrimonial laws are gender biased.
  13. Until Woman Empowerment is done at the cost of womanhood.
  14. Until false allegations has edge over truth legally.
  15. Until  Men Welfare Ministry is formed.
  16. Until the existence of  myth that India is a male dominating society.

And also

Until a true gender neutral  study & research is done on violence in family & matrimonial matters.

Am I Wrong ?

IPC 498A- a Social Evil at par with “SATI “of Indian Society

May 16, 2010

On reading this caption, the first question comes to everyone’s mind is Why ? Let us find out the answer:

 Social evils in Indian society or for that matter in any society is not a new phrase and India is fighting since long to eradicate the prevalent social evils in it’s society like Poverty, castism, dowry, child abuse etc. However, India successfully eradicated some of worst form of social evils previously prevailing in it’s society like Sati  & untouchability with the help of immense efforts made to spread awareness in society by Raja Ram Mohan Rai and Mahatama Gandhi.

 But when it came to Dowry System instead of changing the mindset in society by bringing in enough awareness, the Government has laid stress(under pressure from vested interests of NCW and WCD, radical feminists etc.) on using gender biased civil & criminal laws to curb this practice along with others relating to women. The Government in this process has mixed this social evil eradication with Women Empowerment which paved the way of gender differentiation in Indian judicial system and almost all the matrimonial laws or the laws of marriage in India are made gender biased favoring women which is resulting in gross misuse of these laws.

 The enforcement of these gender biased laws has created a complete chaos in family system and society. Now take the example of dowry system, the criminal laws made to eradicate this practice has instead of curbing the dowry practice has added yet another Social Evil – the IPC 498A. How? Just see the comparison of it with “Sati” pratha:

 

 

“SATI” Pratha

False IPC 498A

1.

Was based on a traditional belief and ethics in Society

Created and promoted by the Government of India and radical feminists. It is taking upthe shape of  a tradition on the part of young empowered wives.

2.

Was practiced only on death of a husband.  

May start any time after marriage and many deaths could occur till the completion of it’s trial.

3.

Was prone to any kind of misuse  

  

Being gender biased it is wide open for misuse of any kind  on account of women by making false and frivolous complaints & allegations on husband & in-laws

4.

A woman was forced to burn to death in the flames of her husband’s funeral

Husband & in-laws forced to face death each moment they for their whole remaining life

5.

Atrocity came to end with heinous & tragic death of  wife

Atrocities like physical, mental, emotional, economical and social harassment begins for the whole life of husband & in-laws and they caught  entangled in a condition where it is neither life nor death to them. The loss of dignity, honor & humiliation many a times results in many deaths in in-laws & husband’s family.

  

6.

Was considered as a honorable sacrifice by wife. Husband and in-laws are portrayed as inhuman, criminals & monsters in society. 

7.

Was having no financial dimension An open and legalized extortion tool. 

8.

Was a bad, cruel and condemnable tradition underlying thinking that wife be free from all miseries in future without her husband Is more condemnable and cruel being a legal terrorism.

9

Was a social evil effecting relatively (as compared to IPC 498A) small section of society.

So easy to misuse that it is effecting whole society at large by propagating breaking of family system and criminalization of marriage system.

 So, after this annotated comparison, I am sure you are now somewhat convinced that YES,  IPC-498A is a SOCIAL EVIL in India practiced & propagated  by Wives ,Government, Judiciary & Police in India.

But then, larger question remains  that why not Government Scrapes this IPC 498a  ? Is it still awaiting some more social reformist like Raja Ram Mohan Rai Or Mahatma Gandhi to eradicate this social evil, the child of their own misqued wisdom?

 

“ JAI HIND”

SHOAIB – A celebrity succumbed to false 498a

April 8, 2010

 Shoaib-Sania episode once again highlighted the very much debated (in low voices) the misuse of 498a in India and how gender biased this law is? The 498a, in this case has crossed the international boundaries and acclaimed the world attention. Even a celebrity who was available with all resources succumbed to 498a pressure in just 48 hours that is even when he and only he(not anyone of his family members were involved, which is contrary to maximum of 498a cases) was slapped with it. The questions in everyone’s mind left after this drama is :

How powerful this 498a is? and

How easily(on mere allegations by a wife), one spouse can dictate her terms on other spouse and extort huge amount(15 Crores -Refer Mid-Day report “Ayesha’s big problem” )?

When Celebrity can be subjected to such a pressure under 498a, what an innocent and poor or middle class husband living in a joint family goes through when he is slapped with a false 498a?

The 498a has been exposed in several ways to thinking minds:

Is a gender biased law.

• Marrying Indian girl is a criminal offence.

• No need to prove even marriage

• Place of marriage solemnized or registered does not matter.

• Recognizes no nationality-can be filed on a person of any nationality

• Knows no limitation period – can be filed by wife any years after leaving separately from husband

• Husband is guilty till proven innocent.

• Arrest threat is a great pressure to bring anyone to knees may be high rated celebrity.

• Open extortion in the name of settlement.

• Unilateral support & sympathy from police, government, media & society.

• Good legal tool in the hands of wives to extort money (as per her wish) from hubby without much of efforts.

• Risk & fear free terrorism can be inflicted on husband without even show her face.

I think these observations were the compelling reasons for Hon’ble Supreme Court of India to declare 498A as a “legal Terrorism”.

But then why the Indian legislature is sleeping?

The answer – May be waiting 498a to hit the doors of their own homes

From above, it can be safely concluded that it is a doctrine law in the category of TADA & POTA in India which are framed to curb terrorists.

I again left you with few questions :

“Do husbands (the biggest contributor to Indian economy) in INDIA are equitable to Terrorists” ?

“Is marrying an Indian girl is a criminal offence”?

MERA BHARAT MAHAN !