Here is light hearted way of looking at what would have happened ifGiriya Had her waysMs Vyas's strategy is old and time tested .Displayig the opponentthat you are working for his cause and attack him from behind whenmost unexpected .She on the media shows that she is the biggest protector of women andand is a family harmony activist behind our back she is tryingconceivable way to create women extortion tools , and sneak it pastthe legislature and get it approved .Trust me , if we were not for SIF and its sister organisatonsstanding like a wall between her and her ulterior motives , we wouldhave had terrible ideas turned into laws . Laws like1) Sexual harrasment act against men2) No punishment for Dowry givers , increased punishment for 498A .3) 498A would be an offence against the state .4) Live-in Maintenance act against men5) All deaths of married women would be dowry deaths .would have caused wide spread devastation and women would have usedstate machinery against men folk , companies and the government.Ultimately men would revolt and the fight would have caused moremen's deaths .
*** :- The Indian Judicary system would untimately break under sheerload of false cases againt companies and men ( who may not be thehusband) .The next hearing date may be a decade later . It wouldtruly be "Till death do us apart " .
*** :- Banks would come out with Maintenance Loans . To provide formaintenance . You might have to sell your , mothers ornaments , homeand untimately your blood and kidneys to pay for it .
***:- Parents would encourage children to become only lawyers as thatwould become the most wide spread carrer for people . The demand forlawyers would be like there is demand for IT engineers now .
*** :- Male foeticide would reach alarming proportions as parentswould be afraid to have a male child . Even if they have one theywould coach it become a lawyer .
***:- There will be 33% reservation for women in the cricket teamalso . The cricket team would also come under the NCW scanner andthey will say why are men getting all the limelight .***:- Men unable to bear the fact that they are MEN , would call forsex change operations and become women . This will lead to a rise indemand of the doctors who so this operations .
***:- Men would start dressing like women to fool the women hunters ,lest they claim for maintenance under the Live-In relationship act .
***:- Patriotic songs will have to be modified to remove allreferences to men .Freedeom fighters if men would have to beforgotten .
***:- The men of India would never father children and this will leadto the rise of sperm banks and women kidnapping men for sex .
***:- Men would have to be imported from abroad for acting in moviesas menfolk in india would slowly become extinct.
*** After men are extint they would kept in Museums for women andtheir girl childern to see . They will say 'See that was yourfather , now I have skinned and stuffed him and hung him for display".Thank god we have an SIF to oppose her and her ulterior motives orimagine how the life of men would have turned into hell in India .
Thanks,
Arnab
Thursday, July 31, 2008
Wednesday, July 9, 2008
Members of the press and media,
I wish to express my concern on th downplay of sexual harrassment issues brought about in the below artcile in times of India .
<http://timesofindia.indiatimes.com/Lifestyle/Relationships/Work/Sex_in_the_boardroom/articleshow/msid-3210973,curpg-2.cms>
Dear Pallavi ,The article would make a good inclusion in the second release of theBook "Men are from mars, Women are from Venus ". The articleprojects the fact of sexual harassment of men at workplace in lighterand non-significant issue. The opinions of the people presented bringout the below ideas.·Men if sexual harassed by women always enjoy and the woman is lookedas an "Empowered woman " who is just having little harmless fun .InIndia where it is assumed that women are Gullible and innocent bybirth, this empowered women has now broken her shackles and just alittle naughty and nothing else.· If Men are the accused of Sexual harassment, immediately the entirestate and women NGO machinery starts mobilizing against him . Theissue is blown out of proportion since the man has now harassed anIndian women who has the tags "Gullible and Innocent" protecting herlike Karna's Armor protected him since birth. The woman comes out asa harassed victim who is the target for sympathy from the "Oh-so-concerned" NGO and Women Police who are now eyeing the level anddesignation of the accused. Please remember that the more seniorlevel the accused is in the organization the more the sympathies theNGO and the Police have for the "Gullible" victim. How many timeshave you heard the Women Police or a NGO speak out for a Femalerailway sweeper being sexually harassed?The next step is the extortion process: - Here is the ModusOperandi .1) Threat the accused in a police station of dire consequencesif he does not pay up. A better way is to send the police in fullmarch uniform into the company's boardroom and pick the accused rightout of an ongoing meeting . The accused is asked to pay up cash tothe NGO's , the Police and the sobbing and crying unscrupulous fakevictim .2) Oh I just forgot , for "Empowered Indian women " Indiareceiving extortion money is the one and only solution to all theirproblems from Dowry harassment to Sexual harassment .3) The victim normally pays up, the extortion booty is dividedby the "Oh-so-concerned" NGO's, The "Oh-so-efficient" women policeand off course the "Gullible and innocent" fake victim.4) All sins and shame are magically washed away the moment thecash moves to the hands the Extortionists and the Innocent girl moveson to find a new Sexual harasser and nail him.I also want to dissect the comments made by some of the proplehighlighted as a cross section of the society .Rita Gangwani:- Lieutenant Gagwani , I am sure if a woman would havefaced "Sexual Pestering " by my a Man , you would have termed it asharassment and exploitation , and would have cried hoarse till theaccused is arrested and defamed. Just since it is the other wayaround, you downplay it and call it "sexual pestering".In the same way sexual advances like flaunting , exercising powerwhen done by a woman is downplayed as it is termed "womanempowerment" , but the same when done by men is termed "sexualharassment" and exploitation .On your second statement , I have just one question . If a man wouldneed some "emotional backing" from his female secretary and wantsa "No-Strings" attached relationship , would you still have avoidedthe word Harrassment.Producer of the Sports Channel :- I do not know if this individual isa man or woman but either way , it does not seem that he knowsanything about gender equality . He says that Men win –win for him ,since he has 2 women and one at home and one at the office to flirtwith . Wrong Mr Producer, it is win-win only if it is a woman . Haveyou not heard the upcoming laws in the country of enabling anempowered woman committing adultery to be eligible for maintenancefrom both the husband( his crime is why he allowed adultery ) and themale partner ?On a lighter note , this guy must be identified and fired since I amvery suspicious that he is doing this himself . Can we please informhis/her wife or husband about this . If it is husband who I am sorryfor him .Pratish Aggrawal :- This guy wants to be harassed by a female .Thegrapevine says that Infosys has the highest number of 498A girls , soI would assume that you have a lot of senior female colleagues whoneed "emotional support" . Don't worry if you still have not beenharassed by a female boss , you will have receive your fare share ofharassment from your wife . Oh , and how would you like if you wifeor sister flirted with another man junior to her behind your back andthen demand maintenance from you . I am sure you would not be soJovial then . Anyways , fear not my friend , just wait and your shareof harassment is due very soon .Dr Sanjay Chugh :- If you think men gain after getting sexuallyharassed at work you are grossly mistaken . The "PAIN " that the mansuffers at the hands of the women harasser , his wife and the policeafter the "GAIN" is not worth it.ACP :- Dear Officer , you will retire and still not see a singlecase of a man complaining about a woman because that's not thedirection where our country is headed .If we create laws to punishunscrupulous women then how we call our women empowered .Anukul Raj( lawyer ) :- You are the one person in the entire articlewho calls a spade a spade . This person clearly says that there inspite of harassment there is no legal recourse for a victimized man,where as the woman might use the legal machinery to her ulteriormotives all the time.He sums it up with the ultimate truth , the sane thing I have sopainfully tried to elaborate in the last 2 pages of my reply ."In case a woman complains of a sexual assault, her word of mouth isconsidered as the proof and the onus of establishing that the convictis innocent is on the defense. However, if a male makes such acomplaint, the onus of proving the assault is on the prosecution."
Thanks,
Arnab
I wish to express my concern on th downplay of sexual harrassment issues brought about in the below artcile in times of India .
<http://timesofindia.indiatimes.com/Lifestyle/Relationships/Work/Sex_in_the_boardroom/articleshow/msid-3210973,curpg-2.cms>
Dear Pallavi ,The article would make a good inclusion in the second release of theBook "Men are from mars, Women are from Venus ". The articleprojects the fact of sexual harassment of men at workplace in lighterand non-significant issue. The opinions of the people presented bringout the below ideas.·Men if sexual harassed by women always enjoy and the woman is lookedas an "Empowered woman " who is just having little harmless fun .InIndia where it is assumed that women are Gullible and innocent bybirth, this empowered women has now broken her shackles and just alittle naughty and nothing else.· If Men are the accused of Sexual harassment, immediately the entirestate and women NGO machinery starts mobilizing against him . Theissue is blown out of proportion since the man has now harassed anIndian women who has the tags "Gullible and Innocent" protecting herlike Karna's Armor protected him since birth. The woman comes out asa harassed victim who is the target for sympathy from the "Oh-so-concerned" NGO and Women Police who are now eyeing the level anddesignation of the accused. Please remember that the more seniorlevel the accused is in the organization the more the sympathies theNGO and the Police have for the "Gullible" victim. How many timeshave you heard the Women Police or a NGO speak out for a Femalerailway sweeper being sexually harassed?The next step is the extortion process: - Here is the ModusOperandi .1) Threat the accused in a police station of dire consequencesif he does not pay up. A better way is to send the police in fullmarch uniform into the company's boardroom and pick the accused rightout of an ongoing meeting . The accused is asked to pay up cash tothe NGO's , the Police and the sobbing and crying unscrupulous fakevictim .2) Oh I just forgot , for "Empowered Indian women " Indiareceiving extortion money is the one and only solution to all theirproblems from Dowry harassment to Sexual harassment .3) The victim normally pays up, the extortion booty is dividedby the "Oh-so-concerned" NGO's, The "Oh-so-efficient" women policeand off course the "Gullible and innocent" fake victim.4) All sins and shame are magically washed away the moment thecash moves to the hands the Extortionists and the Innocent girl moveson to find a new Sexual harasser and nail him.I also want to dissect the comments made by some of the proplehighlighted as a cross section of the society .Rita Gangwani:- Lieutenant Gagwani , I am sure if a woman would havefaced "Sexual Pestering " by my a Man , you would have termed it asharassment and exploitation , and would have cried hoarse till theaccused is arrested and defamed. Just since it is the other wayaround, you downplay it and call it "sexual pestering".In the same way sexual advances like flaunting , exercising powerwhen done by a woman is downplayed as it is termed "womanempowerment" , but the same when done by men is termed "sexualharassment" and exploitation .On your second statement , I have just one question . If a man wouldneed some "emotional backing" from his female secretary and wantsa "No-Strings" attached relationship , would you still have avoidedthe word Harrassment.Producer of the Sports Channel :- I do not know if this individual isa man or woman but either way , it does not seem that he knowsanything about gender equality . He says that Men win –win for him ,since he has 2 women and one at home and one at the office to flirtwith . Wrong Mr Producer, it is win-win only if it is a woman . Haveyou not heard the upcoming laws in the country of enabling anempowered woman committing adultery to be eligible for maintenancefrom both the husband( his crime is why he allowed adultery ) and themale partner ?On a lighter note , this guy must be identified and fired since I amvery suspicious that he is doing this himself . Can we please informhis/her wife or husband about this . If it is husband who I am sorryfor him .Pratish Aggrawal :- This guy wants to be harassed by a female .Thegrapevine says that Infosys has the highest number of 498A girls , soI would assume that you have a lot of senior female colleagues whoneed "emotional support" . Don't worry if you still have not beenharassed by a female boss , you will have receive your fare share ofharassment from your wife . Oh , and how would you like if you wifeor sister flirted with another man junior to her behind your back andthen demand maintenance from you . I am sure you would not be soJovial then . Anyways , fear not my friend , just wait and your shareof harassment is due very soon .Dr Sanjay Chugh :- If you think men gain after getting sexuallyharassed at work you are grossly mistaken . The "PAIN " that the mansuffers at the hands of the women harasser , his wife and the policeafter the "GAIN" is not worth it.ACP :- Dear Officer , you will retire and still not see a singlecase of a man complaining about a woman because that's not thedirection where our country is headed .If we create laws to punishunscrupulous women then how we call our women empowered .Anukul Raj( lawyer ) :- You are the one person in the entire articlewho calls a spade a spade . This person clearly says that there inspite of harassment there is no legal recourse for a victimized man,where as the woman might use the legal machinery to her ulteriormotives all the time.He sums it up with the ultimate truth , the sane thing I have sopainfully tried to elaborate in the last 2 pages of my reply ."In case a woman complains of a sexual assault, her word of mouth isconsidered as the proof and the onus of establishing that the convictis innocent is on the defense. However, if a male makes such acomplaint, the onus of proving the assault is on the prosecution."
Thanks,
Arnab
Current Women's Empowerment in India
**************************************
" Sexual harassment Payment from Boss – 2 lakh Rupees "
" 498A Harassment payment from Husband– 20 lakh Rupees "
" DV Act Payment from Husband – 4 Lakh rupees "
" Maintenance from Live -in -Partner - 2 Lakh rupees "
"Enjoying a free luxury car and house bought with the Extortionmoney – Priceless
There are some things money can't buy , for everything else there is 498A , DV act and the maintenance act .
**************************************
" Sexual harassment Payment from Boss – 2 lakh Rupees "
" 498A Harassment payment from Husband– 20 lakh Rupees "
" DV Act Payment from Husband – 4 Lakh rupees "
" Maintenance from Live -in -Partner - 2 Lakh rupees "
"Enjoying a free luxury car and house bought with the Extortionmoney – Priceless
There are some things money can't buy , for everything else there is 498A , DV act and the maintenance act .
Tuesday, July 8, 2008
The tide is turning slowly and steadily
Sisters and Brothers,
Be assured that the tide is slowly but steadily shifting against laws like 498A and DV act . The pressure is mounting on the police, judiciary and the ministry to do something about it .
The media coverage is also playing a major role in bringing out abuses under these clauses .If you see the media off late , you see more news of the abuses under these laws than actual dowry cases. Not a day goes by when I do not one major newspaper or TV channel running an article or program on the abuses under these draconian laws .
Lots of women are coming out and openly speaking out against these laws both in TV and Media , and why wouldn't they ? A crime is a crime weather perpetrated by a man or woman and both both men and women should have the moral responsibility to stand up and speak against it. Lord Krishna said in the Geeta " Suffering a crime with raising your voice is a more heinous crime than committing the crime itself" .
The difference that is being made by the people like Swarup and Neeladri and Satya is phenomenal. I salute women like Jyoti and Dr Anupama who have come forward to speak out against these crimes . We need more women like you .It should be SIF's moral responsibility to support and protect women like Jyoti from all possible angles since she has decided to stand for our cause.
The three pillars of the crime Police , NCW and the WCD are already taken a good amount of bad publicity .
The Police are already feeling the heat and they have started realizing that they have to go back to catching the real world criminals again and will not be allowed to waste time catching aged and pregnant women and lock them up and show how prompt and efficient they are. They are also going to lose an easy source for money extortion .
The NCW's credibility has already taken a huge battering, they are running for cover after suggesting laws for adulterous women and live in partners. Women and Men from all over India are shocked and have vehemently protested against these laws in the press. Now the NCW has pretty much dragged itself back into a shell and has fallen silent , I hope they continue this when the 498A and DV act reform amendments are hashed out.
The WCD ministry although more concerned about the stability of the government now than Mens rights seems to have woken up to the fact that false facts and making stupid assumptions like all Indian women are gullible and innocent by birth and remain the same way till death will not be bought by the press and the people . They are leading a ear to our problems and will finally concede to our demands today pr tomorrow .
The need of the hour is to “KEEP UP THE HEAT “.
“SATYAMEV JAYATE “( Truth Always wins )
Thanks,
Arnab
Be assured that the tide is slowly but steadily shifting against laws like 498A and DV act . The pressure is mounting on the police, judiciary and the ministry to do something about it .
The media coverage is also playing a major role in bringing out abuses under these clauses .If you see the media off late , you see more news of the abuses under these laws than actual dowry cases. Not a day goes by when I do not one major newspaper or TV channel running an article or program on the abuses under these draconian laws .
Lots of women are coming out and openly speaking out against these laws both in TV and Media , and why wouldn't they ? A crime is a crime weather perpetrated by a man or woman and both both men and women should have the moral responsibility to stand up and speak against it. Lord Krishna said in the Geeta " Suffering a crime with raising your voice is a more heinous crime than committing the crime itself" .
The difference that is being made by the people like Swarup and Neeladri and Satya is phenomenal. I salute women like Jyoti and Dr Anupama who have come forward to speak out against these crimes . We need more women like you .It should be SIF's moral responsibility to support and protect women like Jyoti from all possible angles since she has decided to stand for our cause.
The three pillars of the crime Police , NCW and the WCD are already taken a good amount of bad publicity .
The Police are already feeling the heat and they have started realizing that they have to go back to catching the real world criminals again and will not be allowed to waste time catching aged and pregnant women and lock them up and show how prompt and efficient they are. They are also going to lose an easy source for money extortion .
The NCW's credibility has already taken a huge battering, they are running for cover after suggesting laws for adulterous women and live in partners. Women and Men from all over India are shocked and have vehemently protested against these laws in the press. Now the NCW has pretty much dragged itself back into a shell and has fallen silent , I hope they continue this when the 498A and DV act reform amendments are hashed out.
The WCD ministry although more concerned about the stability of the government now than Mens rights seems to have woken up to the fact that false facts and making stupid assumptions like all Indian women are gullible and innocent by birth and remain the same way till death will not be bought by the press and the people . They are leading a ear to our problems and will finally concede to our demands today pr tomorrow .
The need of the hour is to “KEEP UP THE HEAT “.
“SATYAMEV JAYATE “( Truth Always wins )
Thanks,
Arnab
Sunday, July 6, 2008
Apalled at the recent NCW recommendations
To, 7h July 2008
Ms. Renuka Chaudhary,
Minister, Government of India,Ministry of Women and Child Development,Shastri Bhavan `A' Wing,Dr. Rajendra Prasad Road,New Delhi-110001
Sub: Amendments sought in CrPC 125. Is NCW promoting adultery in the name of Women Empowerment?
Honorable Minister,
I am profoundly shocked and flabbergasted at the recent recommendations by National Commission of Women to the Ministry of Women and Child Development on the amendments sought in the Section 125 of CrPC. As per the various media reports, the NCW has sought a change in the definition of wife and has suggested the inclusion of women involved in live-in also under the definition of wife. Another major amendment sought by NCW in section 125 of CrPC is that ‘adultery should no longer be a ground for denying maintenance to a woman’.
National Commission of Women as an organization
The NCW by raising a request to consider amendments like these has not only discredited itself beyond belief but also has shocked the Indian population both men and women alike. By now it is crystal clear to learned people like you me and the WCD ministry offcials that the NCW is all for the idea of marching forward for the destruction of the values and sanctitiy of the Indian Society in the name of women empowerment. Please remember that if the NCW has its way it will not be long before Indian society will become a haven for women who want to extort money under the guise of any kind of relationships between adult men and women.
NCW’s very definition of women empowerment seems be based on the idea of devising various mechanisms for extortion and harassment by unscrupulous women and nothing else. The NCW seems to excel at making laws without any safety mechanism for the innocent, laws which would be subject to gross misuse and enable unscrupulous women to extort money from men and enable them to buy all the material comforts in the world at the Man’s expense. We have seen the extent and level of abuse of laws like 498A and DV act by wives, discussion on which is however is beyond the scope of this letter. We request you and your ministry officials to make it clear to the NCW that making laws which promote disharmony and by providing a path for unscrupulous women to abuse the Indian judicial system to destroy the Indian society will not be entertained .
If one studies the laws and recommendations that the NCW suggests under the guise of women empowerment, one finds that they all have an uncanny similarity in them. These are highlighted in the points below.
1) Loose wording which is almost always abused
2) Totally one sided arguments in favor of the women
3) Assuming Indian women to be gullible and innocent by birth and the men and his family to be culprit to begin with
4) Legally devising ways for women to extort money from various sources (Husband, Live-in partner, In-Laws)
5) Manipulating the Indian Judiciary to give judgments in favor of women and no proving legal succor to the innocent
6) Providing ways for women who abuse laws to get away without punishment
Also the NCW does not even bother to recommend changes to arrest the current misuse of acts like the DV act and 498A. The NCW must be made accountable, and must be made to answer the below questions first before it is allowed to even recommend further “Women Empowerment “ laws.
Why is the NCW lowering the standards of women by not making them equally responsible for the relationship?
Why only men have to bear the brunt of a failed relationship?Why do women do not want to take the ownership of a failure and account forthe same??
What has NCW done for the 1,20,645 innocent mothers and sistersarrested and made to undergo unnecessary harassment just because of anunproved allegation of dowry harassment was filed against them by theirunscrupulous Daughter -in - law?
Current recommendations and its implications.
v Live-in Relationships
The NCW like always begins by falsely assuming that all women who are in live in relationships are always the gullible and is innocent beyond doubt. Please understand that the traits of innocence and gullibility do not depend on the gender of a person. Time and time again it has been proved beyond reasonable doubt that women under various conditions have turned out to be extremely unscrupulous and demonstrated extreme acts of cruelty without remorse, and worse have escaped from the clutches of the law thanks to women empowerment laws.The most disturbing trait is that number is women demonstrating these extreme acts has been rising exponentially off late.
The NCW again makes a totally false assumption by thinking that it is always the man who coerces a woman into entering into a live in relationship which him, and then does not fulfill his promises of marrying her and thus deserting the woman. When 2 adults enter into a no strings attached live in relationship with each other they are both equally responsible and are accountable for any outcomes of the same. Let me talk about the mindset of a woman entering a live-in relationship.
Ø Women entering live in relationships are adults. The woman is aware that this is a no-strings attached relationship that may or may not lead to a marriage with the other partner, but inspite of that if the woman decides to enter into this relationship she must be be equally accountable and responsible as the man should the relationship ends without a marriage. The women must not be considered gullible and innocent and be allowed to extort money from the male partner of the live-in relationship does not end up in a marriage.
Ø Any children born out of this relationship are again the equal responsibility of the man and the woman, since they both being adults deemed it right to bring a child into thids world witout neing legally married. Money for the upkeep of the child must be borne equally by the man and the woman.
Ø The women does not expect the same level of rights that a legally wedded wife has because of the simple fact that women is free to break this relationship at any time and the NCW has no laws for the husband to claim alimony from the unscrupulous woman.
There is no fixed description of a “Live-In relationship”. What does India Law consider to be a live-in relationship? Is it 2 people staying together for One year, One Month, One day or One Night? Countries which have created laws to protect both partners (men and women) from getting abused in live-in relationships have defined a clear time frame for a man and woman to have lived together to be considered to having a live-in relationship. These laws are gender neutral and have been drafted taking into account the concerns of both men and women.
The NCW has not proposed any laws or protections for the suffering male partners in live-in relationships. The NCW thinks it is not its responsibility to punish the unscrupulous women who abuse the law and get away because that according to them would against “women empowerment”. According to the NCW the definition of empowering women is making them use the Indian Judicial system for legal extortion and harassment to the male partner and then escape without any penalty.
v Adultery
Historically adultery was considered to be one of worst vices for both men and women who committed it. The person who enters into an adulterous relation is looked down upon and punished in all societies. This is also true of the western societies, which I am sure the NCW considers to contain far more “empowered” women than what India has.
The NCW seems to make the “un-empowered” women of India “empowered” by making adultery a non-issue as long as the woman commits it. This law if implemented will make adultery almost legal in India for women and women will profit out of adultery. Women may claim maintenance from the Husband even after committing adultery and from the adulterous male partner under the Live-in alimony recommendation (see above). Two separate tax-free incomes without any effort, who wouldn’t want that?
Like before the NCW makes another falwed basic assumption is that all Indian women always gullible and innocent by birth and do not posses any capability whatsoever of commiting adultery and the allegations of adultery on the women are always false. If the NCW thinks that there are no adulterous women to begin with then there must also be no adulterous men because whom will the men commit adultery with?
The recommendation like always has no safety mechanism and does not offer any protection for the Male partner .The Male partner will have to pay money to his wife even if she has been in an adulterous relationship with someone else. This is taking the abuse of the law to the extreme.
Loose wording on the current laws in India are already misused by adulterous women to get away scot-free. As per the current laws in India if a woman is caught red handed in a adulterous relationship no punishment can be accorded to her. Even when adultery is proven beyond doubt the maximum that a judge can do is deny maintenance to that woman and nothing more. Loose wording on the law is abused when the wife says ” “I was in adultery relationship, but presently I have not living in adultery.’” and there she has a clean escape. In order to “empower” women the law already has been amended to change the term “Lived in adultery” to “living in adultery”.
It has been proven time and time again that educated and “empowered” women are the biggest abusers of the law. The level of abuse of the current 498A and DV sections by these women has been phenomenal in recent times .The so called innocent and gullibale women as the NCW claims them to be claim for maintenance one one side and file a 498A accusation and the use DV on the other side act simultaneously to cause further harassment. This is done in clear violation of the Indian constitution, which says that a person cannot be punished more than once for the same crime. Now a woman has three vehicles to claim maintenance which is already against the constitution
Ø Section 24
Ø CrPC125
Ø Domestic Violence Act
This new law will add another vehicle for extortion and will act and will be like an icing on the cake for the unscrupulous women of India.
· We feel that such type of absurd amendments sought is an insult to those honest women, who do not indulge in adultery and believe in the institution of marriage. To get any legal right in live-in-relationship a minimum must be specified, otherwise the loose wording will again be misused by the dishonest women just to extort the money from men. Is the NCW trying to legalize the fact that ones wife or girlfriend can live in with 10 different men and still claim money from the Husband and also from the 10 different men as Live in relationship maintenance? Then in what ratio will the women be entitled to claim money from these 10 different men?. Or will it be husband who will pay the most and the person who has slept the longest next will pay the next most and so forth. We strongly condemn this form of legalising prostitution. It is really amazing from where does NCW get these thunderous brainwaves? This will simply lead to another chaos in our society which would eventually lead to a similar sort of observation as has been observed recently on the DV Act by the Hon’ble Supreme Court in The Batra vs Batra Judgement
“…the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society..”
,
The NCW leadership – A Special mention
Coming to the statements made by the NCW Leadership. The leadership has a penchant for projecting the Indian women as the eternal suffering damsel in distress and the NCW is projected as the knight in shining armor that always come to the rescue of the hapless bride.
We wish to express our strong resentment on some two of the staments that the leadership has made in their quest to build a strong case in front of the WCD for these draconian laws .
Quote1 :- "The law is misused and very often women are not given even the paltry amount that they are entitiled to, " Yes definitely the law is misused, but in what sense? This law is misused by leveling false and baseless allegations against husbands and treating them as Free ATM Machines. If the wife is adulterous and has already broken the sanctity of marriage, then why should she be entitled to maintenance at all.
Also the concept of interim maintenance needs to be done away with totally. When the case itself has not been decided, how can the punishment be awarded to? This is against the principles of natural justice and is assuming that the allegations are true. Why can't the woman lie when she knows lying will get her tax - free money which she can sitting at her father's house?And what happens if the allegations are proved false or harassment is not proved, nothing. Who will account for the harassment of dragging the husband to cases?Its high time the law gets balanced and defines the duties of a woman in a marriage as well, the way the duties for a man are dictated.
Quote 2:- With Reference to the article,Living In, out of relations
(http://www.deccan.com/Bengaluru/City/Citynews.asp#Living%20in,%20out%20of%20relations )"Alimony for partners in live-in relationships could provide women financial security and also help them pick up the threads of their life."This line is a direct insult of marriage. It is highly demeaning on part of Deccan Chronicle to encourage women to initiate live - ins and then break them at free will to treat the poor man as a financial machine. Such articles only spread poison in the society. Lauding such amendments is grave injustice meted out to the Male Gender by stereotypically assuming ubiquitously that all relationships break due to men's faults and women are always at the receiving ends. State Commission for Women might be receiving many such complaints but how of them are true given the fact that such whining and "Cry Baby Attitude" can get them tax free money.Such provisions will encourage women to enter into a wedlock, walk out of it at free will and then start a live - in with some other male and implicate both in false and frivolous maintenance cases and harass both the men financially. Also with such provisions divorced women will find it hard to get partners because men will fear such cases in these relationships as well. As also as per National Crime Records Bureau Data, Married Men and Divorced Women's suicide rates are on the upswing since 2004."So they get into a relationship and start living with men whom they hardly know. "Are those so called educated, urban girls worse than toddlers that they start living with any man they hardly know. What is the media upto? Is it some kind of a joke that is being played on the men or what?? Does a relationship start only at the male's behest?? In actuality a relationship starts only at the females' behest, then why are only males made to pay?? Why is this law not gender neutral??"When we analyse the nature of these relationships, there�s a clear lack of responsibility, mostly among men. And women bear the brunt,� she adds."I think Jyotika Sinha, a relationships counselor needs a reality check before making irresponsible statements in public articles like these. What responsibility would she like to associate with women?? Or she wants women to reap the benefits of a relationship under all circumstances whether the relationship works or does not work??Oh and men do not bear the brunt, is it?? Then how come every year close to 80, 000 men are committing suicide as opposed to 35, 000 women, if men in this country are so happy and do not have to bear the brunt?STOP TREATING MEN AS FREE ATM MACHINES AS A SOCIAL CATASTROPHE IS IMPENDING TO HAPPEN. Which no one shall be able to stop. Only a fatherless society will be created whose children will have 9 times more vulnerability to become criminals and ruin their lives.We, GHRS, an organization dedicated and commited to the cause of spreading family harmony and awareness about the misuse of existing marital laws, have no expectations whatsoever from anybody. We consider it as our moral duty to awaken the sleeping society and the media and our doing it selflessly. CHOICE IS YOURS. Choose the path you feel like.
GHRS opinion the amendments to the above recommendations
I oppose such unlawful demands of NCW and request our lawmaker to amend the CRPC 125 as under:
The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse.
A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine.
The word “living-in-adultery” to be replaced by the word “living or lived in adultery” during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating.
If any one filed the maintenance under CrPC 125, the person should not be entitled to file or claim any other maintenance case under Section 24 or DV act.
The maximum Limit of Monthly Maintenance to be fixed as per Common people's Living Standard only, instead of No limit currently.
We feel that the NCW has take then cause of women empowerment to such radical level of absurdity that it is time that government take strong steps to rein in organizations like these. The organizations in the guise of promoting women empowerment are bent upon unleashing havoc in the Indian society .
We request our lawmakers to maintain family harmony and not promote a fatherless society in India by promotion of adultery and undefined live-in-relationships where even a photo of two partner is sufficient to define the live-in-relationship.
Indian family system :- The pride of India
If there is one thing we have and the west does not, then it is our family system. It is because of tightly knit families and family harmony that we produce such a huge pool of skilled knowledge workers who have now proven themselves all over the world. Why are we drafting laws to destroy this family system that has served us so well since thousands of years? Do we want to end up in a fatherless society like the west has? Do these laws not break up our existing family system and prove a roadblock in out global march forward? If nothing is done now to save the Indian family it will not be too long when the entire fabric of the Indian value based society will be destroyed and things will never be the same again. It is the government responsibility to protect the Indian Culture, heritage and to have a Gender neutral society where people are not judged by their Gender but by their values, honesty and loyalty.
Please help us to save the pride of India, the Indian Family.
Thanking you,
Yours Sincerely,
Ms. Renuka Chaudhary,
Minister, Government of India,Ministry of Women and Child Development,Shastri Bhavan `A' Wing,Dr. Rajendra Prasad Road,New Delhi-110001
Sub: Amendments sought in CrPC 125. Is NCW promoting adultery in the name of Women Empowerment?
Honorable Minister,
I am profoundly shocked and flabbergasted at the recent recommendations by National Commission of Women to the Ministry of Women and Child Development on the amendments sought in the Section 125 of CrPC. As per the various media reports, the NCW has sought a change in the definition of wife and has suggested the inclusion of women involved in live-in also under the definition of wife. Another major amendment sought by NCW in section 125 of CrPC is that ‘adultery should no longer be a ground for denying maintenance to a woman’.
National Commission of Women as an organization
The NCW by raising a request to consider amendments like these has not only discredited itself beyond belief but also has shocked the Indian population both men and women alike. By now it is crystal clear to learned people like you me and the WCD ministry offcials that the NCW is all for the idea of marching forward for the destruction of the values and sanctitiy of the Indian Society in the name of women empowerment. Please remember that if the NCW has its way it will not be long before Indian society will become a haven for women who want to extort money under the guise of any kind of relationships between adult men and women.
NCW’s very definition of women empowerment seems be based on the idea of devising various mechanisms for extortion and harassment by unscrupulous women and nothing else. The NCW seems to excel at making laws without any safety mechanism for the innocent, laws which would be subject to gross misuse and enable unscrupulous women to extort money from men and enable them to buy all the material comforts in the world at the Man’s expense. We have seen the extent and level of abuse of laws like 498A and DV act by wives, discussion on which is however is beyond the scope of this letter. We request you and your ministry officials to make it clear to the NCW that making laws which promote disharmony and by providing a path for unscrupulous women to abuse the Indian judicial system to destroy the Indian society will not be entertained .
If one studies the laws and recommendations that the NCW suggests under the guise of women empowerment, one finds that they all have an uncanny similarity in them. These are highlighted in the points below.
1) Loose wording which is almost always abused
2) Totally one sided arguments in favor of the women
3) Assuming Indian women to be gullible and innocent by birth and the men and his family to be culprit to begin with
4) Legally devising ways for women to extort money from various sources (Husband, Live-in partner, In-Laws)
5) Manipulating the Indian Judiciary to give judgments in favor of women and no proving legal succor to the innocent
6) Providing ways for women who abuse laws to get away without punishment
Also the NCW does not even bother to recommend changes to arrest the current misuse of acts like the DV act and 498A. The NCW must be made accountable, and must be made to answer the below questions first before it is allowed to even recommend further “Women Empowerment “ laws.
Why is the NCW lowering the standards of women by not making them equally responsible for the relationship?
Why only men have to bear the brunt of a failed relationship?Why do women do not want to take the ownership of a failure and account forthe same??
What has NCW done for the 1,20,645 innocent mothers and sistersarrested and made to undergo unnecessary harassment just because of anunproved allegation of dowry harassment was filed against them by theirunscrupulous Daughter -in - law?
Current recommendations and its implications.
v Live-in Relationships
The NCW like always begins by falsely assuming that all women who are in live in relationships are always the gullible and is innocent beyond doubt. Please understand that the traits of innocence and gullibility do not depend on the gender of a person. Time and time again it has been proved beyond reasonable doubt that women under various conditions have turned out to be extremely unscrupulous and demonstrated extreme acts of cruelty without remorse, and worse have escaped from the clutches of the law thanks to women empowerment laws.The most disturbing trait is that number is women demonstrating these extreme acts has been rising exponentially off late.
The NCW again makes a totally false assumption by thinking that it is always the man who coerces a woman into entering into a live in relationship which him, and then does not fulfill his promises of marrying her and thus deserting the woman. When 2 adults enter into a no strings attached live in relationship with each other they are both equally responsible and are accountable for any outcomes of the same. Let me talk about the mindset of a woman entering a live-in relationship.
Ø Women entering live in relationships are adults. The woman is aware that this is a no-strings attached relationship that may or may not lead to a marriage with the other partner, but inspite of that if the woman decides to enter into this relationship she must be be equally accountable and responsible as the man should the relationship ends without a marriage. The women must not be considered gullible and innocent and be allowed to extort money from the male partner of the live-in relationship does not end up in a marriage.
Ø Any children born out of this relationship are again the equal responsibility of the man and the woman, since they both being adults deemed it right to bring a child into thids world witout neing legally married. Money for the upkeep of the child must be borne equally by the man and the woman.
Ø The women does not expect the same level of rights that a legally wedded wife has because of the simple fact that women is free to break this relationship at any time and the NCW has no laws for the husband to claim alimony from the unscrupulous woman.
There is no fixed description of a “Live-In relationship”. What does India Law consider to be a live-in relationship? Is it 2 people staying together for One year, One Month, One day or One Night? Countries which have created laws to protect both partners (men and women) from getting abused in live-in relationships have defined a clear time frame for a man and woman to have lived together to be considered to having a live-in relationship. These laws are gender neutral and have been drafted taking into account the concerns of both men and women.
The NCW has not proposed any laws or protections for the suffering male partners in live-in relationships. The NCW thinks it is not its responsibility to punish the unscrupulous women who abuse the law and get away because that according to them would against “women empowerment”. According to the NCW the definition of empowering women is making them use the Indian Judicial system for legal extortion and harassment to the male partner and then escape without any penalty.
v Adultery
Historically adultery was considered to be one of worst vices for both men and women who committed it. The person who enters into an adulterous relation is looked down upon and punished in all societies. This is also true of the western societies, which I am sure the NCW considers to contain far more “empowered” women than what India has.
The NCW seems to make the “un-empowered” women of India “empowered” by making adultery a non-issue as long as the woman commits it. This law if implemented will make adultery almost legal in India for women and women will profit out of adultery. Women may claim maintenance from the Husband even after committing adultery and from the adulterous male partner under the Live-in alimony recommendation (see above). Two separate tax-free incomes without any effort, who wouldn’t want that?
Like before the NCW makes another falwed basic assumption is that all Indian women always gullible and innocent by birth and do not posses any capability whatsoever of commiting adultery and the allegations of adultery on the women are always false. If the NCW thinks that there are no adulterous women to begin with then there must also be no adulterous men because whom will the men commit adultery with?
The recommendation like always has no safety mechanism and does not offer any protection for the Male partner .The Male partner will have to pay money to his wife even if she has been in an adulterous relationship with someone else. This is taking the abuse of the law to the extreme.
Loose wording on the current laws in India are already misused by adulterous women to get away scot-free. As per the current laws in India if a woman is caught red handed in a adulterous relationship no punishment can be accorded to her. Even when adultery is proven beyond doubt the maximum that a judge can do is deny maintenance to that woman and nothing more. Loose wording on the law is abused when the wife says ” “I was in adultery relationship, but presently I have not living in adultery.’” and there she has a clean escape. In order to “empower” women the law already has been amended to change the term “Lived in adultery” to “living in adultery”.
It has been proven time and time again that educated and “empowered” women are the biggest abusers of the law. The level of abuse of the current 498A and DV sections by these women has been phenomenal in recent times .The so called innocent and gullibale women as the NCW claims them to be claim for maintenance one one side and file a 498A accusation and the use DV on the other side act simultaneously to cause further harassment. This is done in clear violation of the Indian constitution, which says that a person cannot be punished more than once for the same crime. Now a woman has three vehicles to claim maintenance which is already against the constitution
Ø Section 24
Ø CrPC125
Ø Domestic Violence Act
This new law will add another vehicle for extortion and will act and will be like an icing on the cake for the unscrupulous women of India.
· We feel that such type of absurd amendments sought is an insult to those honest women, who do not indulge in adultery and believe in the institution of marriage. To get any legal right in live-in-relationship a minimum must be specified, otherwise the loose wording will again be misused by the dishonest women just to extort the money from men. Is the NCW trying to legalize the fact that ones wife or girlfriend can live in with 10 different men and still claim money from the Husband and also from the 10 different men as Live in relationship maintenance? Then in what ratio will the women be entitled to claim money from these 10 different men?. Or will it be husband who will pay the most and the person who has slept the longest next will pay the next most and so forth. We strongly condemn this form of legalising prostitution. It is really amazing from where does NCW get these thunderous brainwaves? This will simply lead to another chaos in our society which would eventually lead to a similar sort of observation as has been observed recently on the DV Act by the Hon’ble Supreme Court in The Batra vs Batra Judgement
“…the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society..”
,
The NCW leadership – A Special mention
Coming to the statements made by the NCW Leadership. The leadership has a penchant for projecting the Indian women as the eternal suffering damsel in distress and the NCW is projected as the knight in shining armor that always come to the rescue of the hapless bride.
We wish to express our strong resentment on some two of the staments that the leadership has made in their quest to build a strong case in front of the WCD for these draconian laws .
Quote1 :- "The law is misused and very often women are not given even the paltry amount that they are entitiled to, " Yes definitely the law is misused, but in what sense? This law is misused by leveling false and baseless allegations against husbands and treating them as Free ATM Machines. If the wife is adulterous and has already broken the sanctity of marriage, then why should she be entitled to maintenance at all.
Also the concept of interim maintenance needs to be done away with totally. When the case itself has not been decided, how can the punishment be awarded to? This is against the principles of natural justice and is assuming that the allegations are true. Why can't the woman lie when she knows lying will get her tax - free money which she can sitting at her father's house?And what happens if the allegations are proved false or harassment is not proved, nothing. Who will account for the harassment of dragging the husband to cases?Its high time the law gets balanced and defines the duties of a woman in a marriage as well, the way the duties for a man are dictated.
Quote 2:- With Reference to the article,Living In, out of relations
(http://www.deccan.com/Bengaluru/City/Citynews.asp#Living%20in,%20out%20of%20relations )"Alimony for partners in live-in relationships could provide women financial security and also help them pick up the threads of their life."This line is a direct insult of marriage. It is highly demeaning on part of Deccan Chronicle to encourage women to initiate live - ins and then break them at free will to treat the poor man as a financial machine. Such articles only spread poison in the society. Lauding such amendments is grave injustice meted out to the Male Gender by stereotypically assuming ubiquitously that all relationships break due to men's faults and women are always at the receiving ends. State Commission for Women might be receiving many such complaints but how of them are true given the fact that such whining and "Cry Baby Attitude" can get them tax free money.Such provisions will encourage women to enter into a wedlock, walk out of it at free will and then start a live - in with some other male and implicate both in false and frivolous maintenance cases and harass both the men financially. Also with such provisions divorced women will find it hard to get partners because men will fear such cases in these relationships as well. As also as per National Crime Records Bureau Data, Married Men and Divorced Women's suicide rates are on the upswing since 2004."So they get into a relationship and start living with men whom they hardly know. "Are those so called educated, urban girls worse than toddlers that they start living with any man they hardly know. What is the media upto? Is it some kind of a joke that is being played on the men or what?? Does a relationship start only at the male's behest?? In actuality a relationship starts only at the females' behest, then why are only males made to pay?? Why is this law not gender neutral??"When we analyse the nature of these relationships, there�s a clear lack of responsibility, mostly among men. And women bear the brunt,� she adds."I think Jyotika Sinha, a relationships counselor needs a reality check before making irresponsible statements in public articles like these. What responsibility would she like to associate with women?? Or she wants women to reap the benefits of a relationship under all circumstances whether the relationship works or does not work??Oh and men do not bear the brunt, is it?? Then how come every year close to 80, 000 men are committing suicide as opposed to 35, 000 women, if men in this country are so happy and do not have to bear the brunt?STOP TREATING MEN AS FREE ATM MACHINES AS A SOCIAL CATASTROPHE IS IMPENDING TO HAPPEN. Which no one shall be able to stop. Only a fatherless society will be created whose children will have 9 times more vulnerability to become criminals and ruin their lives.We, GHRS, an organization dedicated and commited to the cause of spreading family harmony and awareness about the misuse of existing marital laws, have no expectations whatsoever from anybody. We consider it as our moral duty to awaken the sleeping society and the media and our doing it selflessly. CHOICE IS YOURS. Choose the path you feel like.
GHRS opinion the amendments to the above recommendations
I oppose such unlawful demands of NCW and request our lawmaker to amend the CRPC 125 as under:
The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse.
A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine.
The word “living-in-adultery” to be replaced by the word “living or lived in adultery” during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating.
If any one filed the maintenance under CrPC 125, the person should not be entitled to file or claim any other maintenance case under Section 24 or DV act.
The maximum Limit of Monthly Maintenance to be fixed as per Common people's Living Standard only, instead of No limit currently.
We feel that the NCW has take then cause of women empowerment to such radical level of absurdity that it is time that government take strong steps to rein in organizations like these. The organizations in the guise of promoting women empowerment are bent upon unleashing havoc in the Indian society .
We request our lawmakers to maintain family harmony and not promote a fatherless society in India by promotion of adultery and undefined live-in-relationships where even a photo of two partner is sufficient to define the live-in-relationship.
Indian family system :- The pride of India
If there is one thing we have and the west does not, then it is our family system. It is because of tightly knit families and family harmony that we produce such a huge pool of skilled knowledge workers who have now proven themselves all over the world. Why are we drafting laws to destroy this family system that has served us so well since thousands of years? Do we want to end up in a fatherless society like the west has? Do these laws not break up our existing family system and prove a roadblock in out global march forward? If nothing is done now to save the Indian family it will not be too long when the entire fabric of the Indian value based society will be destroyed and things will never be the same again. It is the government responsibility to protect the Indian Culture, heritage and to have a Gender neutral society where people are not judged by their Gender but by their values, honesty and loyalty.
Please help us to save the pride of India, the Indian Family.
Thanking you,
Yours Sincerely,
NCW and USAID funded human right abuses in India under the guise of Women Empowerment
Honorable Inspector general of USAID,
I wish to bring it to your kind notice the gross abuse of the law and human rights that is hapenning all over India under the false guise of "Womens Empoerment" and Anti Dowry Law section 498A. Approximately 95,000 innocent women and senior citizens are arrested every year by the Indian Police in non bailable warrants under this section 498A and abused . Many have commited suicide unable to bear this intense harrasment. Unfortunately USAID India , is hand in glove with some of the radical womens organisations is helping fund this abuse instead of stemming from it . Please read furthur to understand what the abuses are how innocent Women , men and even children are abused under the guise of "Women's Empowerment".
Laws are formed based on the constitution of the society and the societies change with time . Nowhere has society changed faster than in countries like Indian and China over the last 10 years . Things have moved at such rapid pace that we are the in the digital age but with laws that are still from the days of the British Rule.
I totally agree Section 498A is an excellent shield in the hands of the truly suffering, it provides then instant relief and protection if used with the right intention. I use the words “truly” very carefully here because according to the statistics 98% of the 498A cases filed in India are FALSE. The abuse under this section has been phenomenal in the last 4 to 5 years. The government’s drive to bring out the truly suffering has badly misfired and it has actually brought out unscrupulous women who almost always influenced by their male relatives unleash wave after wave of “Legal Terrorism “ on the accused and then get away scot free. Although the so-called accused party almost always is released since the cases are mostly false to begin with, they are made to suffer by dealing with the Indian Police and Judiciary for 4 to 5 years, which is punishment in itself.
And there is a very strong attempt by unscrupulous women to include all marital issues in the 498A basket somehow and to charge the husband and all his relatives with Dowry Harassment because it is only this law that has the capability to cause the most severe mental and physical harassment to the accused .
The very constitution of the law leads to its misuse. Let me go through the nuances and the draconian elements of the law one by one. We really cannot expect to give a loaded and cocked gun to a irresponsible user and then expect him not to fire it. Why give the women an unsafe law to begin with , and then expect them to be responsible and not use it ?
Below are changes to the current provisions that must be debated in order to check abuse
*******************************************************************************************************
1) Just a simple complaint of Dowry harassment is enough for the police to arrest the accused. (Whereas even in a murder charge the police is bound to investigate the prima facie before they can make any arrests.)
Recommendation: - No arrests without solid evidence that the crime is indeed have been perpetrated. Just the verbal accusations and a sobbing woman should not be the basis for a CRIMINAL case to be registered. Police can however begin investigation and review the evidence provided at this stage. Arrests would need written permission from the senior police officials. The investigation must be completed before any case is filed. Arrests must be done only if it is proven beyond doubt that the case is indeed one of dowry harassment and not one of a women out to make a quick buck with her relatives.
2) The accused is proven guilty until proven innocent.
Recommendation: - In India just the mention of “Dowry” from a wife of a well to do person or an NRI becomes a magnet for the police and the women’s cell and NGO’s . The word “Well to do” is of prime importance here because how many times have you come across a wife of a Road side hawker or a Bus conductor being helped by NCW or CAW or women’s cell .
These agencies all try to sympathize with the well to do wife and advise her not to waste any more time and file a 498A as soon as possible . Once the case filed the Indian Judiciary system itself becomes the woman’s henchmen and extortion starts. The recommendation here is to put the burden of proof on the accuser and not the accused.
3) The case is not compoundable.
Recommendation: - Although some states have made it compoundable most have not . Making it compoundable has its own disadvantages , it gives a chance for the Wife’s party to come for a compromise and demand a astronomical amount as “compromise money”. The various parties who normally get a cut of this amount are the Relatives of the wife , Police , Judiciary and the Wife herself .
Some other new provisions things in the law will bring down the misuse
***********************************************************************************
1) No 498A 1 year of the date of crime: This has become a tool for extortion as long as the husband is alive. There have been instances where the 498A case has been filed after the husband and wife split for 20 or more years. Why would a woman who claims to have been beaten and tortured for Dowry go to the Police station and complain after 6 to 7 years that I was beaten 7 years back , if it was not for motive to extort money or cause unnecessary harassment to family .
2) No 498A after divorce: - Husband and wife have parted ways and the each has his and hers own happy lives .Pat comes the Police one day after 5 years of the divorce and arrest you and your family saying that your previous wife came to police station with a complaint that she was not given food to eat in the house 5 years ago!!! . This must not be allowed
3) Marriage registration: - Register marriages through the women’s cell. Any marriages registered through the Woman’s cell would have the proof that no Dowry was ever demanded and paid and such wife’s should be barred from filing 498A cases
4) Punishment for the false accusers :- Today where 98% of cases filed under 498A are found to be frivolous , there is no action taken against the false accusers .The FALSE accusers must get severe punishment and this must be publicized so that the other unscrupulous ones who are hiding under a Sati Savitri image by putting glycerin in their eyes get a warning that extortion racket like these will not work any more
5) Fast Track courts for 498A cases :- Why would a young Man and young woman have to fight it out in the court for 5 painful years ? This is the time when they are to build our country and take it forward . The sheer pain the family undergoes just to deal with the Judicial system in phenomenal . Fast track courts must be set up to resolve these cases within 6 months , so that whatever judgment is given , it will quick and then the young people can go their ways
Stop funding for the CAW and NCW :- These organizations are for the protection for women and unless their tas is not just to issue loose canons to Wifes to extract money and inflict pain and suffering to the husbands family . These organizations must frame laws to and protect the women in the role of Mother-in-law and sister-in-law from the false 498A cases of the wife . Unless these happen NCW must change its name to National Commission for (Unscrupulous ) Wives , because the actions and the laws that organization frames just encourages the cruel and scheming wife to get away with heinous crimes , while denying justice to the real women who need it .
We no doubt need to empower women in our country and every woman has the right to be treated well by her husband. No man should have the right to ask for any dowry and Dowry seekers must be punished. But while we are doing this we must also see that the accusers in the 98% false cases are severely dealt with and penalized for using the Indian Judiciary to unleash “Legal terrorism”.
Thanks,
Arnab
PS :- Please visit the below sites and links to get Graphical information
http://www.498a.org
http://data.498a.org/
I wish to bring it to your kind notice the gross abuse of the law and human rights that is hapenning all over India under the false guise of "Womens Empoerment" and Anti Dowry Law section 498A. Approximately 95,000 innocent women and senior citizens are arrested every year by the Indian Police in non bailable warrants under this section 498A and abused . Many have commited suicide unable to bear this intense harrasment. Unfortunately USAID India , is hand in glove with some of the radical womens organisations is helping fund this abuse instead of stemming from it . Please read furthur to understand what the abuses are how innocent Women , men and even children are abused under the guise of "Women's Empowerment".
Laws are formed based on the constitution of the society and the societies change with time . Nowhere has society changed faster than in countries like Indian and China over the last 10 years . Things have moved at such rapid pace that we are the in the digital age but with laws that are still from the days of the British Rule.
I totally agree Section 498A is an excellent shield in the hands of the truly suffering, it provides then instant relief and protection if used with the right intention. I use the words “truly” very carefully here because according to the statistics 98% of the 498A cases filed in India are FALSE. The abuse under this section has been phenomenal in the last 4 to 5 years. The government’s drive to bring out the truly suffering has badly misfired and it has actually brought out unscrupulous women who almost always influenced by their male relatives unleash wave after wave of “Legal Terrorism “ on the accused and then get away scot free. Although the so-called accused party almost always is released since the cases are mostly false to begin with, they are made to suffer by dealing with the Indian Police and Judiciary for 4 to 5 years, which is punishment in itself.
And there is a very strong attempt by unscrupulous women to include all marital issues in the 498A basket somehow and to charge the husband and all his relatives with Dowry Harassment because it is only this law that has the capability to cause the most severe mental and physical harassment to the accused .
The very constitution of the law leads to its misuse. Let me go through the nuances and the draconian elements of the law one by one. We really cannot expect to give a loaded and cocked gun to a irresponsible user and then expect him not to fire it. Why give the women an unsafe law to begin with , and then expect them to be responsible and not use it ?
Below are changes to the current provisions that must be debated in order to check abuse
*******************************************************************************************************
1) Just a simple complaint of Dowry harassment is enough for the police to arrest the accused. (Whereas even in a murder charge the police is bound to investigate the prima facie before they can make any arrests.)
Recommendation: - No arrests without solid evidence that the crime is indeed have been perpetrated. Just the verbal accusations and a sobbing woman should not be the basis for a CRIMINAL case to be registered. Police can however begin investigation and review the evidence provided at this stage. Arrests would need written permission from the senior police officials. The investigation must be completed before any case is filed. Arrests must be done only if it is proven beyond doubt that the case is indeed one of dowry harassment and not one of a women out to make a quick buck with her relatives.
2) The accused is proven guilty until proven innocent.
Recommendation: - In India just the mention of “Dowry” from a wife of a well to do person or an NRI becomes a magnet for the police and the women’s cell and NGO’s . The word “Well to do” is of prime importance here because how many times have you come across a wife of a Road side hawker or a Bus conductor being helped by NCW or CAW or women’s cell .
These agencies all try to sympathize with the well to do wife and advise her not to waste any more time and file a 498A as soon as possible . Once the case filed the Indian Judiciary system itself becomes the woman’s henchmen and extortion starts. The recommendation here is to put the burden of proof on the accuser and not the accused.
3) The case is not compoundable.
Recommendation: - Although some states have made it compoundable most have not . Making it compoundable has its own disadvantages , it gives a chance for the Wife’s party to come for a compromise and demand a astronomical amount as “compromise money”. The various parties who normally get a cut of this amount are the Relatives of the wife , Police , Judiciary and the Wife herself .
Some other new provisions things in the law will bring down the misuse
***********************************************************************************
1) No 498A 1 year of the date of crime: This has become a tool for extortion as long as the husband is alive. There have been instances where the 498A case has been filed after the husband and wife split for 20 or more years. Why would a woman who claims to have been beaten and tortured for Dowry go to the Police station and complain after 6 to 7 years that I was beaten 7 years back , if it was not for motive to extort money or cause unnecessary harassment to family .
2) No 498A after divorce: - Husband and wife have parted ways and the each has his and hers own happy lives .Pat comes the Police one day after 5 years of the divorce and arrest you and your family saying that your previous wife came to police station with a complaint that she was not given food to eat in the house 5 years ago!!! . This must not be allowed
3) Marriage registration: - Register marriages through the women’s cell. Any marriages registered through the Woman’s cell would have the proof that no Dowry was ever demanded and paid and such wife’s should be barred from filing 498A cases
4) Punishment for the false accusers :- Today where 98% of cases filed under 498A are found to be frivolous , there is no action taken against the false accusers .The FALSE accusers must get severe punishment and this must be publicized so that the other unscrupulous ones who are hiding under a Sati Savitri image by putting glycerin in their eyes get a warning that extortion racket like these will not work any more
5) Fast Track courts for 498A cases :- Why would a young Man and young woman have to fight it out in the court for 5 painful years ? This is the time when they are to build our country and take it forward . The sheer pain the family undergoes just to deal with the Judicial system in phenomenal . Fast track courts must be set up to resolve these cases within 6 months , so that whatever judgment is given , it will quick and then the young people can go their ways
Stop funding for the CAW and NCW :- These organizations are for the protection for women and unless their tas is not just to issue loose canons to Wifes to extract money and inflict pain and suffering to the husbands family . These organizations must frame laws to and protect the women in the role of Mother-in-law and sister-in-law from the false 498A cases of the wife . Unless these happen NCW must change its name to National Commission for (Unscrupulous ) Wives , because the actions and the laws that organization frames just encourages the cruel and scheming wife to get away with heinous crimes , while denying justice to the real women who need it .
We no doubt need to empower women in our country and every woman has the right to be treated well by her husband. No man should have the right to ask for any dowry and Dowry seekers must be punished. But while we are doing this we must also see that the accusers in the 98% false cases are severely dealt with and penalized for using the Indian Judiciary to unleash “Legal terrorism”.
Thanks,
Arnab
PS :- Please visit the below sites and links to get Graphical information
http://www.498a.org
http://data.498a.org/
Human rights abuse in India the guise of "Women Empowerment"
Honorable Members of the the National Human Rights Commission of India,
I wish to use the services of your esteemed Organisation to bring to the your notice gross and wide spread Human rights abuses taking place in India under the guise of "Women empowerment " by the unbridled and unchecked misuse of Anti Dowry law section 498A in India as an extrotion and a harrasment tool .The mail also highlights the biased nature and language of the other so called "Women Empowerment" laws in India .
Does penalizing innocent men, women, children and the elderly by false cases bring justice to genuinely abused women?
Does women's empowerment mean destroying family harmony & creating fatherless society?
Is protection of women's rights synonymous with gross violation of basic human rights of other men, women, children and the elderly?
The answer to all the above question is a big resounding NO!!! , but unfortunately this is what is being is done by the gender biased and draconian laws which are created by the government and are openly supported by Radical Agencies and our historic round table conference will be the first step in changing these laws.
Gender Equality in Modern India
India is already in the digital age. We pride in being called the third largest economy in the world and the hold the tag for the worlds largest democracy. We have to strive to achieve Gender Equality in order to compete, retain and progress towards being developed nation. However the current state of affairs at the micro level is pitiable towards Indian men. The prime reason behind this is the gross abuse of the very laws that were once created to protect women. Blatant misuse of draconian laws like IPC 498A and DV have caused havoc in the current Indian Society and are causing many families to break forever. These laws can be compared to a loaded and cocked gun with no safety mechanism and in the hands of an irresponsible user (wife or her relatives) can cause severe trauma and pain to the people whom used against. Even laws which are more civil like the Hindu Marriage Act are heavily in favor of women and always consider men to the culprit in any unhappy marriage . We would take you through the various nuances of these laws in the letter and explain their misuse.
Draconian laws in India
IPC 498A
· It took the British 10 years to arrest 5000 women (1937-47). Indian Government arrested above 85000 women (17 times) in just 3 years (2004 - 2006) that also without any evidence under section 498A. Women are themselves clearly suffering under these women protection laws.
· World Health Organization reported that Misuse of IPC Section 498A is the BIGGEST instrument for ELDER ABUSE in India.
NCRB Statistics on arrests under 498A
Arrested
Under
IPC 498a
Women
Men
Total
% of
Women
Arrested
2004
27832
97825
125657
22.1
2005
28745
98815
127560
22.5
2006
31253
105927
137180
22.8
2007 (estimating with 5%
increase over year 2006)
32815
111223
144039
22.8
Totals
1,20,645
4,13,790
5,34,436
22.6
Why is 498A causing such immense suffering to the innocents in India? Below are the causes.
Section 498A is an excellent shield in the hands of the truly suffering, it provides then instant relief and protection if used with the right intention. We use the words “truly” very carefully here because according to the statistics 98% of the 498A cases filed in India are FALSE. The abuse under this section has been phenomenal in the last 4 to 5 years. The government’s drive to bring out the truly suffering has badly misfired as it has actually brought out unscrupulous women who almost always influenced by their male relatives unleash wave after wave of “Legal Terrorism“ on the accused and then get away scot free. Although the so-called accused party almost always is released since the cases are mostly false to begin with, they are made to suffer by dealing with the Indian Police and Judiciary for 4 to 5 years, which is punishment in itself.
Also there is a very strong attempt by unscrupulous women to include all marital issues in the 498A basket somehow and to charge the husband and all his relatives with Dowry Harassment because it is only this law that has the capability to cause the most severe mental and physical harassment to the accused.
The very constitution of the law leads to its misuse. Let us go through the nuances and the draconian elements of the law one by one. We really cannot expect to give a loaded and cocked gun to an irresponsible user and then expect him not to fire it. Why give the women an unsafe law to begin with, and then expect them to be responsible and not use it?
Below are changes to the current provisions that must be debated in order to check abuse
******************************************************************************
1) Just a simple complaint of Dowry harassment is enough for the police to arrest the accused. (Whereas even in a murder charge the police are bound to investigate the prima facie evidence before they can make any arrests.)
Recommendation: - No arrests without solid evidence that the crime has indeed been perpetrated. Just the verbal accusations and a sobbing woman should not be the basis for a CRIMINAL case to be registered. Police can however begin investigation and review the evidence provided at this stage. Arrests would need written permission and additional scrutiny from the senior police officials. The investigation must be completed and only if it proved beyond reasonable doubt that that indeed Dowry harassment of the magnitude mentioned in the 498A gidelines has occurred should a case is filed. In the same way arrests must be done only if it is proven beyond doubt that the case is indeed one of dowry harassment and not one of a women out to make a quick buck with her relatives.
2) The accused is proven guilty until proven innocent.
Recommendation: - In India, just the mention of “Dowry” from a wife of a well to do person or an NRI becomes a magnet for the police and the women’s cell and NGO’s. The word “Well to do” is of prime importance here because how many times have you come across a wife of a road side hawker or a bus conductor being helped by NCW or CAW or women’s cell .
These agencies all try to sympathize with the well to do wife and advise her not to waste any more time and file a 498A as soon as possible. Once the case filed the Indian Judiciary system itself becomes the woman’s henchmen and legal extortion starts. The recommendation here is to put the burden of proof on the accuser and not the accused.
3) The case is not compoundable.
Recommendation: - Although some states have made it compoundable most have not. Making it compoundable has its own disadvantages, it gives a chance for the Wife’s party to come for a compromise and demand an astronomical amount as “compromise money”. The various parties who normally get a cut of this amount are the relatives of the wife, Police, Judiciary and the Wife herself.
Some other amendments as mentioned below will down misuse
· Make Section 498A of IPC bailable
· Make Section 498A of IPC non-cognizable to prevent arrests of innocent citizens based on mere complaints unsubstantiated by evidence or investigation.
· No 498A, 1 year from the date of crime: This has become a tool for extortion as long as the husband is alive. There have been instances where the 498A case has been filed after the husband and wife split for 20 or more years. Why would a woman who claims to have been beaten and tortured for Dowry go to the Police station and complain after 6 to 7 years that I was beaten 7 years back, if it was not for motive to extort money or cause unnecessary harassment to family.
· No 498A after divorce: - Husband and wife have parted ways and the each has his and hers own happy lives. Pat comes the Police one day after 5 years of the divorce and arrest you and your family saying that your previous wife came to police station with a complaint that she was not given food to eat in the house 5 years ago!!!. This must not be allowed
· Marriage registration: - Register marriages through the women’s cell. Any marriages registered through the Woman’s cell would have the proof that no Dowry was ever demanded and paid and such wife’s should be barred from filing 498A cases
· Punishment for the false accusers :- Today where 98% of cases filed under 498A are found to be frivolous, there is no action taken against the false accusers. The FALSE accusers must get severe punishment and this must be publicized so that the other unscrupulous ones who are hiding under a Sati Savitri image by putting glycerin in their eyes get a warning that extortion racket like these will not work any more.
· Fast Track courts for 498A cases :- Why would a young man and young woman have to fight it out in the court for 5 painful years? This is the time when they are to build our country and take it forward. The sheer pain the family undergoes just to deal with the judicial system in phenomenal. Fast track courts must be set up to resolve these cases within 6 months, so that whatever judgment is given, it will quick and then the young people can go their ways
Below are some of the comments in the Judgments from our Honorable and Learned Judges that depict the misuse of this section. This proves beyond doubt that this law is responsible for unleashing LEGAL TERRORISIM against the innocent victims by the Wife.
1) Justice Shiv Narayan Dhingra in Jeevani Devi Versus State (Govt. of NCT of Delhi) in Crl.Appeal No. 749/2004 case :- “A failed marriage is not a crime however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this as tool to extract as much monetary benefit as possible. In many cases, where FIRs are filed under Section 498A IPC, petitions are being filed under Section 482 Cr.P.C. for quashing of FIRs after settlements between the parties and the allegations made of cruelties etc. are withdrawn the moment a lump sum payment is received. Involving each of the family members of the husband is another arm in the armory of the complainants of failed marriages. Not only close relatives but distant relatives and even neighbours are being implicated under Section 498A and other provisions of IPC in cases of failed marriages.
2) Para 19 of the report published as (2005) 6 SCC 281 Sushil Kumar Sharma vs. Union of India, the Hon’ble Supreme Court had rightly observed “But by misuse of the provision a new LEGAL TERRORISM can be unleashed. The provision is intended to be used as a shield and not as an assassin's weapon”
3) Hon'ble Mr. Justice J.D. Kapoor has stated in his landmark judgement CRL. R 462/2002 19.05.2003 that “To start with, marital offences under Sections 498A/406 IPC be made bailable.”
Domestic Violence Act
This is another law that was seen as the champion for women’s empowerment in India. But sadly this law has gone exactly the 498A way and has been more misused than used by the unscrupulous women out to make a quick profit or extract vengeance. These women have just used the Indian Police and Judiciary to unleash wave after wave of Legal Terrorism on the Innocent Indian Men and their families.
This is another women “specific” law. This is a law that can be used by a woman against a man’s family. Some of our recommendations to make this law “Gender Neutral” are as below. This way either party can take rightly take shelter under this law if they suffer from Domestic Violence.
In today’s times, gender violence is mainly against men only. Wife’s routinely threaten that they will create self inflicted wounds and then implicate all the husband’s family members in false harassment and physical torture case . In 30 % of case that we are getting every week, we counsel husbands and their family members whose wives threaten them of harming herself or commiting suicide, to get her unreasonable demands fulfilled . Husbands are regularly being locked in bathrooms, and their parents are asked to transfer houses to daughter-in-laws name. They are helpless, as they do not have any guts or any law to tell their torture to police or courts. They are instead booked in the name of protection of women from Domestic Violence Law (effective from Oct. 2006). Laws should be such that men can also seek protection under the law and come out in the open to speak about the torture they to face, without being asked under section 22 of DV to give extra unlimited compensation for mental cruelty to wife, apart from maintenance, house etc. Coupled with that the men don’t get custody or divorce and fighting 10 or 20 cases, mostly against the Govt.
Replace the word “Husband and Wife” with “Spouse” i.e. make the law gender neutral
Replace the word “Men and Women” with “Person”.
Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
Establish the Family Court without lawyers and the domestic disputes should be resolved in Family Court only.
In case it is found the complainant had not come to file the case with clean hands and has misused the law along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
There should not be any direct compensation to the complainant, even if the offence is proved beyond reasonable doubt. The offender should be punished or fined and such fine amount should go to the Government Revenue only. The same should be used for the well fare of real victim of Domestic Violence collectively. There should not be any difference or discrimination of rich or poor people and between those having different facility. All should be treated as same standard. It has been noticed that the motove of extorting money is the prime reason that these laws are misused .
Husbands already having 498A/Divorce/CRPC125 or any such cases against against them and situations where the couple is not staying together and their cases are already pending in court, should not be charged with another DV case (This is total Violation of Indian Constitution of article 20 , where a accused can’t be punished twice for the same offence)
· WCD (Ministry of Women and Child Development) review committees should not consist of only those women committees with radical and extreme views. We seek that representatives of NGO's like GHRS and their associates, should always be included in this review committee for law making. This is to ensure that there is balance and sanity in the review of the law. Successful grandmothers who have themselves seen the full circle of life and judges who are well aware of misuse of such laws should be included in the review committee also
· Service providers in DV (Domestic Violence) Law should be neutral persons and made accountable for their actions to ensure justice for the greater good of society. Restricting service providers to women’s group’s activists and organizations is like asking the wolf to guard the sheep. These groups are not above temptation to extortion, blackmail and corruption. Besides, there must be a monitoring agency who will monitor their actions and penalize them for abuses Judges and officials should be neutral. They should be insulated from pressure and intimidation under the garb of gender sensitization.
Protect and follow Batra Vs Batra Supreme court Judgment. Do not throw old persons out of their own houses by accusing them of Domestic Violence under the DV Law.
Request a review for every new law by our learned judges who are well conversed on the misuse of such gender biased laws and proactively include organizations fighting for preventing misuse of women protection laws.
Remove section 19, that allows all men of costliest house a women lived anytime in past, to be thrown on roads, by saying potentiality of verbal abuse. Presently extra maintenance for renting same standard house is already given by 125 CrPC.
Remove the provision maintenance from DV Law under section 20 as there are already existing maintenance laws. People now are wasting time in fighting 3 maintenance cases. Or in case if one has asked for maintenance in 125 CrPC, maintenance under DV and HMA 24 should be automatically null and void. This is because both the husband and wife suffer due to multiplicity of cases and the lawyers take advantage of the situation. Duplication/multiple maintenance cases must be stopped. This is total abuse of not only to the natural justice system and duplication of law, this also happens to be the main motivation for filling false and fabricated case, to extort money from husbands family.
Remove section 22, money for mental trouble complaint since money is the prime motive to file false complaints.
Complainant women never have to sign in DV Law and this encourages false allegations. To hide this and other important facts from anyone reading the DV Law, elaborate arrangements have been made by the drafters of the DV Law. Women should sign the complaint, compulsorily.
As per rule 2006.14.5 a man is not even allowed to speak his point of view. Remove this, infact rewrite rule 14. This is a basic violation of Human Rights.
Plug loopholes that make it easy to illegally change the Domestic Incident report (DIR) in DV Law. Introduce a register to keep record of DIR.
Hon’ble Delhi High Court Judge R.K Gauba had observed the same in his landmark article Domestic Violence Law a recipe for disaster? in the practical lawyer. We salute his courage to take on the radical organisation’s agents in press. More can be found at:
http://www.ebc-india.com/practicallawyer/index.php?option=com_content&task=view&id=6962&Itemid=1
From Soli Sorabjee to the common man everyone has just criticized this act because of its loose wording and verbage that is totally biased against men.
We have recently submitted an 11 page memorandum about our suggestions and demands on the changes we recommend in the recently enacted domestic violence act.
Sexual Harassment Bill : Recommendations
The Act should be made applicable to all employees, irrespective of gender. The word woman should be replaced by the word employee in all appropriate places in the Draft Bill so as to render the proposed draft gender neutral.
No committee be formed unless to hear a specific complaint.
No remuneration, monetary or otherwise, be provided to the committee members or chairperson.
Instead of being gender biased and committed to the “cause of women”, the appointment of the Committee Chairperson and members should be on the basis of their integrity and their judicious approach.
No members, external to the employer organization, be allowed in the committee.
Any stipulation w.r.t. number of women in the Committee is unnecessary and makes a prejudiced assumption that only women are capable of arbitrating complaints. This, as well as the “commitment to the cause of women” is already addressed above.
Treating the offence of sexual harassment as a psychosocial offence, it is more important to focus on the presence of trained psychologists and behavioral therapists or at the very least managers trained in conducting fact based investigations on the panel as opposed to the number of women.
The powers of the committee and the appeals process should be specified unambiguously.
Monetary compensation should not be a part of conciliation proceedings. This would to a large extent help avoid potential for misuse and extortion. The perpetrator should be punished instead.
The complaint should be filed immediately on the occurrence of the alleged incident. Any complaint not filed within a stipulated time period (2 weeks) should be closely scrutinized for veracity before admission and the delay should be explained in writing by the complainant, to the satisfaction of the committee.
As prevalent in the western world, the Employer should bear the financial burden of the compensation ordered to the aggrieved person.
The committee should be divested of all powers to order any monetary compensation at any stage of the proceedings.
Mandatory action be taken against the complainant when the complaint is found to be frivolous or malicious.
Falsely accused person should have the right to pursue justice in a court of law, and claim appropriate redressal as remedy for the mental trauma, pain, suffering, emotional distress and social censure caused to the falsely accused person.
Section 11(4) should read as : “Provided that where the employer or the District Officer is not in agreement with any conclusion arrived at or recommendation made by the committee or the Local Committee, he may alter the conclusion or recommendation after recording the reasons of his disagreement in writing.
In the event the complainant or the respondent wishes to pursue the matter in the judiciary, the enquiry report be provided to the concerned party.
This act should be reviewed every 2 years to adjudicate its effectiveness and then re-ratified, failing which it should be deemed expired.
Other issues which bring out Gender Inequality
These issues mentioned below depict the gross in justice meted out to the Indian men in the name of “Women Empowerment”. Changes in the below section will not only bring gender equality in the society but also bring family harmony.
Child Custody: - For gender equality we want fathers should be given 50% child custody. Presently they hardly get any child custody.
Property Rights:- In India just as a husband has no rights in ancestral property of women, similarly a woman should have no rights in ancestral property of husband as she has equal rights in her ancestral property.
Divorce :- In India it is nearly impossible for a man to get divorce. This should change. There should be true gender equality. The Hon’ble Supreme court has already recommended adding irrevocable breakdown of marriage in Hindu Marriage Act. In fact after 7 years of separation, as a human right, divorce should be granted easily.
Income: - Men are not treated at par with women as far as maintenance laws like 125CrPC or Domestic Violence Law is concerned. They are basically treated as a free ATM Machine. They are losing houses also by Domestic Violence Law. So they are told clearly with all laws against them, they have to obey everything the wife or women says or get destroyed. Mother-in-laws routinely says crying that “my daughter in law forces us to do anything she wants, else threatens to send to jail etc. We are destroyed”. This is the current state of affairs when we hand over our society to empowered women.
Rape :- A Heinous crime no doubt, but the unscrupulous have not left out the misuse of this law also. Most Rape case occurs when a girl elopes with a boy, and then if parents do not agree for marriage, rape is booked. Sometimes rape is being used to settle score in business dealings. Who has not heard of women taking lift and then blackmailing for sexual harassment as a profession. Nowadays, demand is being made that rape should not have to do anything with sex. New proposal of NCW, supported by WCD suggests giving Rs 2 Lakhs to a woman alleging rape is totally wrong. Incentive of money to file complaints results in false complaints. If found guilty the perpetrator should be punished but no money should be given to the women as easy money would encourage false cases.
Indian family system :- The pride of India
If there is one thing we have and the west does not, then it is our family system. It is because of tightly knit families and family harmony that we produce such a huge pool of skilled knowledge workers who have now proven themselves all over the world. Why are we drafting laws to destroy this family system that has served us so well since thousands of years? Do we want to end up in a fatherless society like the west has? Do these laws not break up our existing family system and prove a roadblock in out global march forward? If nothing is done now to save the Indian family it will notbe too long when the entire fabric of the Indian value based society will be destroyed and things wll never be the same again. It is the government responsibility to protect the Indian Culture, heritage and to have a Gender neutral society where people are not judged by their Gender but by their values, honesty and Loyalty.
Please help us to save the pride of India, the Indian Family.
Thanking you,
Yours Sincerely,
Arnab
I wish to use the services of your esteemed Organisation to bring to the your notice gross and wide spread Human rights abuses taking place in India under the guise of "Women empowerment " by the unbridled and unchecked misuse of Anti Dowry law section 498A in India as an extrotion and a harrasment tool .The mail also highlights the biased nature and language of the other so called "Women Empowerment" laws in India .
Does penalizing innocent men, women, children and the elderly by false cases bring justice to genuinely abused women?
Does women's empowerment mean destroying family harmony & creating fatherless society?
Is protection of women's rights synonymous with gross violation of basic human rights of other men, women, children and the elderly?
The answer to all the above question is a big resounding NO!!! , but unfortunately this is what is being is done by the gender biased and draconian laws which are created by the government and are openly supported by Radical Agencies and our historic round table conference will be the first step in changing these laws.
Gender Equality in Modern India
India is already in the digital age. We pride in being called the third largest economy in the world and the hold the tag for the worlds largest democracy. We have to strive to achieve Gender Equality in order to compete, retain and progress towards being developed nation. However the current state of affairs at the micro level is pitiable towards Indian men. The prime reason behind this is the gross abuse of the very laws that were once created to protect women. Blatant misuse of draconian laws like IPC 498A and DV have caused havoc in the current Indian Society and are causing many families to break forever. These laws can be compared to a loaded and cocked gun with no safety mechanism and in the hands of an irresponsible user (wife or her relatives) can cause severe trauma and pain to the people whom used against. Even laws which are more civil like the Hindu Marriage Act are heavily in favor of women and always consider men to the culprit in any unhappy marriage . We would take you through the various nuances of these laws in the letter and explain their misuse.
Draconian laws in India
IPC 498A
· It took the British 10 years to arrest 5000 women (1937-47). Indian Government arrested above 85000 women (17 times) in just 3 years (2004 - 2006) that also without any evidence under section 498A. Women are themselves clearly suffering under these women protection laws.
· World Health Organization reported that Misuse of IPC Section 498A is the BIGGEST instrument for ELDER ABUSE in India.
NCRB Statistics on arrests under 498A
Arrested
Under
IPC 498a
Women
Men
Total
% of
Women
Arrested
2004
27832
97825
125657
22.1
2005
28745
98815
127560
22.5
2006
31253
105927
137180
22.8
2007 (estimating with 5%
increase over year 2006)
32815
111223
144039
22.8
Totals
1,20,645
4,13,790
5,34,436
22.6
Why is 498A causing such immense suffering to the innocents in India? Below are the causes.
Section 498A is an excellent shield in the hands of the truly suffering, it provides then instant relief and protection if used with the right intention. We use the words “truly” very carefully here because according to the statistics 98% of the 498A cases filed in India are FALSE. The abuse under this section has been phenomenal in the last 4 to 5 years. The government’s drive to bring out the truly suffering has badly misfired as it has actually brought out unscrupulous women who almost always influenced by their male relatives unleash wave after wave of “Legal Terrorism“ on the accused and then get away scot free. Although the so-called accused party almost always is released since the cases are mostly false to begin with, they are made to suffer by dealing with the Indian Police and Judiciary for 4 to 5 years, which is punishment in itself.
Also there is a very strong attempt by unscrupulous women to include all marital issues in the 498A basket somehow and to charge the husband and all his relatives with Dowry Harassment because it is only this law that has the capability to cause the most severe mental and physical harassment to the accused.
The very constitution of the law leads to its misuse. Let us go through the nuances and the draconian elements of the law one by one. We really cannot expect to give a loaded and cocked gun to an irresponsible user and then expect him not to fire it. Why give the women an unsafe law to begin with, and then expect them to be responsible and not use it?
Below are changes to the current provisions that must be debated in order to check abuse
******************************************************************************
1) Just a simple complaint of Dowry harassment is enough for the police to arrest the accused. (Whereas even in a murder charge the police are bound to investigate the prima facie evidence before they can make any arrests.)
Recommendation: - No arrests without solid evidence that the crime has indeed been perpetrated. Just the verbal accusations and a sobbing woman should not be the basis for a CRIMINAL case to be registered. Police can however begin investigation and review the evidence provided at this stage. Arrests would need written permission and additional scrutiny from the senior police officials. The investigation must be completed and only if it proved beyond reasonable doubt that that indeed Dowry harassment of the magnitude mentioned in the 498A gidelines has occurred should a case is filed. In the same way arrests must be done only if it is proven beyond doubt that the case is indeed one of dowry harassment and not one of a women out to make a quick buck with her relatives.
2) The accused is proven guilty until proven innocent.
Recommendation: - In India, just the mention of “Dowry” from a wife of a well to do person or an NRI becomes a magnet for the police and the women’s cell and NGO’s. The word “Well to do” is of prime importance here because how many times have you come across a wife of a road side hawker or a bus conductor being helped by NCW or CAW or women’s cell .
These agencies all try to sympathize with the well to do wife and advise her not to waste any more time and file a 498A as soon as possible. Once the case filed the Indian Judiciary system itself becomes the woman’s henchmen and legal extortion starts. The recommendation here is to put the burden of proof on the accuser and not the accused.
3) The case is not compoundable.
Recommendation: - Although some states have made it compoundable most have not. Making it compoundable has its own disadvantages, it gives a chance for the Wife’s party to come for a compromise and demand an astronomical amount as “compromise money”. The various parties who normally get a cut of this amount are the relatives of the wife, Police, Judiciary and the Wife herself.
Some other amendments as mentioned below will down misuse
· Make Section 498A of IPC bailable
· Make Section 498A of IPC non-cognizable to prevent arrests of innocent citizens based on mere complaints unsubstantiated by evidence or investigation.
· No 498A, 1 year from the date of crime: This has become a tool for extortion as long as the husband is alive. There have been instances where the 498A case has been filed after the husband and wife split for 20 or more years. Why would a woman who claims to have been beaten and tortured for Dowry go to the Police station and complain after 6 to 7 years that I was beaten 7 years back, if it was not for motive to extort money or cause unnecessary harassment to family.
· No 498A after divorce: - Husband and wife have parted ways and the each has his and hers own happy lives. Pat comes the Police one day after 5 years of the divorce and arrest you and your family saying that your previous wife came to police station with a complaint that she was not given food to eat in the house 5 years ago!!!. This must not be allowed
· Marriage registration: - Register marriages through the women’s cell. Any marriages registered through the Woman’s cell would have the proof that no Dowry was ever demanded and paid and such wife’s should be barred from filing 498A cases
· Punishment for the false accusers :- Today where 98% of cases filed under 498A are found to be frivolous, there is no action taken against the false accusers. The FALSE accusers must get severe punishment and this must be publicized so that the other unscrupulous ones who are hiding under a Sati Savitri image by putting glycerin in their eyes get a warning that extortion racket like these will not work any more.
· Fast Track courts for 498A cases :- Why would a young man and young woman have to fight it out in the court for 5 painful years? This is the time when they are to build our country and take it forward. The sheer pain the family undergoes just to deal with the judicial system in phenomenal. Fast track courts must be set up to resolve these cases within 6 months, so that whatever judgment is given, it will quick and then the young people can go their ways
Below are some of the comments in the Judgments from our Honorable and Learned Judges that depict the misuse of this section. This proves beyond doubt that this law is responsible for unleashing LEGAL TERRORISIM against the innocent victims by the Wife.
1) Justice Shiv Narayan Dhingra in Jeevani Devi Versus State (Govt. of NCT of Delhi) in Crl.Appeal No. 749/2004 case :- “A failed marriage is not a crime however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this as tool to extract as much monetary benefit as possible. In many cases, where FIRs are filed under Section 498A IPC, petitions are being filed under Section 482 Cr.P.C. for quashing of FIRs after settlements between the parties and the allegations made of cruelties etc. are withdrawn the moment a lump sum payment is received. Involving each of the family members of the husband is another arm in the armory of the complainants of failed marriages. Not only close relatives but distant relatives and even neighbours are being implicated under Section 498A and other provisions of IPC in cases of failed marriages.
2) Para 19 of the report published as (2005) 6 SCC 281 Sushil Kumar Sharma vs. Union of India, the Hon’ble Supreme Court had rightly observed “But by misuse of the provision a new LEGAL TERRORISM can be unleashed. The provision is intended to be used as a shield and not as an assassin's weapon”
3) Hon'ble Mr. Justice J.D. Kapoor has stated in his landmark judgement CRL. R 462/2002 19.05.2003 that “To start with, marital offences under Sections 498A/406 IPC be made bailable.”
Domestic Violence Act
This is another law that was seen as the champion for women’s empowerment in India. But sadly this law has gone exactly the 498A way and has been more misused than used by the unscrupulous women out to make a quick profit or extract vengeance. These women have just used the Indian Police and Judiciary to unleash wave after wave of Legal Terrorism on the Innocent Indian Men and their families.
This is another women “specific” law. This is a law that can be used by a woman against a man’s family. Some of our recommendations to make this law “Gender Neutral” are as below. This way either party can take rightly take shelter under this law if they suffer from Domestic Violence.
In today’s times, gender violence is mainly against men only. Wife’s routinely threaten that they will create self inflicted wounds and then implicate all the husband’s family members in false harassment and physical torture case . In 30 % of case that we are getting every week, we counsel husbands and their family members whose wives threaten them of harming herself or commiting suicide, to get her unreasonable demands fulfilled . Husbands are regularly being locked in bathrooms, and their parents are asked to transfer houses to daughter-in-laws name. They are helpless, as they do not have any guts or any law to tell their torture to police or courts. They are instead booked in the name of protection of women from Domestic Violence Law (effective from Oct. 2006). Laws should be such that men can also seek protection under the law and come out in the open to speak about the torture they to face, without being asked under section 22 of DV to give extra unlimited compensation for mental cruelty to wife, apart from maintenance, house etc. Coupled with that the men don’t get custody or divorce and fighting 10 or 20 cases, mostly against the Govt.
Replace the word “Husband and Wife” with “Spouse” i.e. make the law gender neutral
Replace the word “Men and Women” with “Person”.
Government should make the provision for Shelter Home and other facility to the victim of Domestic Violence, as an interim relief.
Establish the Family Court without lawyers and the domestic disputes should be resolved in Family Court only.
In case it is found the complainant had not come to file the case with clean hands and has misused the law along with Judiciary / administrative authority, they should be punished and the fine amount should go to Government as revenue.
There should not be any direct compensation to the complainant, even if the offence is proved beyond reasonable doubt. The offender should be punished or fined and such fine amount should go to the Government Revenue only. The same should be used for the well fare of real victim of Domestic Violence collectively. There should not be any difference or discrimination of rich or poor people and between those having different facility. All should be treated as same standard. It has been noticed that the motove of extorting money is the prime reason that these laws are misused .
Husbands already having 498A/Divorce/CRPC125 or any such cases against against them and situations where the couple is not staying together and their cases are already pending in court, should not be charged with another DV case (This is total Violation of Indian Constitution of article 20 , where a accused can’t be punished twice for the same offence)
· WCD (Ministry of Women and Child Development) review committees should not consist of only those women committees with radical and extreme views. We seek that representatives of NGO's like GHRS and their associates, should always be included in this review committee for law making. This is to ensure that there is balance and sanity in the review of the law. Successful grandmothers who have themselves seen the full circle of life and judges who are well aware of misuse of such laws should be included in the review committee also
· Service providers in DV (Domestic Violence) Law should be neutral persons and made accountable for their actions to ensure justice for the greater good of society. Restricting service providers to women’s group’s activists and organizations is like asking the wolf to guard the sheep. These groups are not above temptation to extortion, blackmail and corruption. Besides, there must be a monitoring agency who will monitor their actions and penalize them for abuses Judges and officials should be neutral. They should be insulated from pressure and intimidation under the garb of gender sensitization.
Protect and follow Batra Vs Batra Supreme court Judgment. Do not throw old persons out of their own houses by accusing them of Domestic Violence under the DV Law.
Request a review for every new law by our learned judges who are well conversed on the misuse of such gender biased laws and proactively include organizations fighting for preventing misuse of women protection laws.
Remove section 19, that allows all men of costliest house a women lived anytime in past, to be thrown on roads, by saying potentiality of verbal abuse. Presently extra maintenance for renting same standard house is already given by 125 CrPC.
Remove the provision maintenance from DV Law under section 20 as there are already existing maintenance laws. People now are wasting time in fighting 3 maintenance cases. Or in case if one has asked for maintenance in 125 CrPC, maintenance under DV and HMA 24 should be automatically null and void. This is because both the husband and wife suffer due to multiplicity of cases and the lawyers take advantage of the situation. Duplication/multiple maintenance cases must be stopped. This is total abuse of not only to the natural justice system and duplication of law, this also happens to be the main motivation for filling false and fabricated case, to extort money from husbands family.
Remove section 22, money for mental trouble complaint since money is the prime motive to file false complaints.
Complainant women never have to sign in DV Law and this encourages false allegations. To hide this and other important facts from anyone reading the DV Law, elaborate arrangements have been made by the drafters of the DV Law. Women should sign the complaint, compulsorily.
As per rule 2006.14.5 a man is not even allowed to speak his point of view. Remove this, infact rewrite rule 14. This is a basic violation of Human Rights.
Plug loopholes that make it easy to illegally change the Domestic Incident report (DIR) in DV Law. Introduce a register to keep record of DIR.
Hon’ble Delhi High Court Judge R.K Gauba had observed the same in his landmark article Domestic Violence Law a recipe for disaster? in the practical lawyer. We salute his courage to take on the radical organisation’s agents in press. More can be found at:
http://www.ebc-india.com/practicallawyer/index.php?option=com_content&task=view&id=6962&Itemid=1
From Soli Sorabjee to the common man everyone has just criticized this act because of its loose wording and verbage that is totally biased against men.
We have recently submitted an 11 page memorandum about our suggestions and demands on the changes we recommend in the recently enacted domestic violence act.
Sexual Harassment Bill : Recommendations
The Act should be made applicable to all employees, irrespective of gender. The word woman should be replaced by the word employee in all appropriate places in the Draft Bill so as to render the proposed draft gender neutral.
No committee be formed unless to hear a specific complaint.
No remuneration, monetary or otherwise, be provided to the committee members or chairperson.
Instead of being gender biased and committed to the “cause of women”, the appointment of the Committee Chairperson and members should be on the basis of their integrity and their judicious approach.
No members, external to the employer organization, be allowed in the committee.
Any stipulation w.r.t. number of women in the Committee is unnecessary and makes a prejudiced assumption that only women are capable of arbitrating complaints. This, as well as the “commitment to the cause of women” is already addressed above.
Treating the offence of sexual harassment as a psychosocial offence, it is more important to focus on the presence of trained psychologists and behavioral therapists or at the very least managers trained in conducting fact based investigations on the panel as opposed to the number of women.
The powers of the committee and the appeals process should be specified unambiguously.
Monetary compensation should not be a part of conciliation proceedings. This would to a large extent help avoid potential for misuse and extortion. The perpetrator should be punished instead.
The complaint should be filed immediately on the occurrence of the alleged incident. Any complaint not filed within a stipulated time period (2 weeks) should be closely scrutinized for veracity before admission and the delay should be explained in writing by the complainant, to the satisfaction of the committee.
As prevalent in the western world, the Employer should bear the financial burden of the compensation ordered to the aggrieved person.
The committee should be divested of all powers to order any monetary compensation at any stage of the proceedings.
Mandatory action be taken against the complainant when the complaint is found to be frivolous or malicious.
Falsely accused person should have the right to pursue justice in a court of law, and claim appropriate redressal as remedy for the mental trauma, pain, suffering, emotional distress and social censure caused to the falsely accused person.
Section 11(4) should read as : “Provided that where the employer or the District Officer is not in agreement with any conclusion arrived at or recommendation made by the committee or the Local Committee, he may alter the conclusion or recommendation after recording the reasons of his disagreement in writing.
In the event the complainant or the respondent wishes to pursue the matter in the judiciary, the enquiry report be provided to the concerned party.
This act should be reviewed every 2 years to adjudicate its effectiveness and then re-ratified, failing which it should be deemed expired.
Other issues which bring out Gender Inequality
These issues mentioned below depict the gross in justice meted out to the Indian men in the name of “Women Empowerment”. Changes in the below section will not only bring gender equality in the society but also bring family harmony.
Child Custody: - For gender equality we want fathers should be given 50% child custody. Presently they hardly get any child custody.
Property Rights:- In India just as a husband has no rights in ancestral property of women, similarly a woman should have no rights in ancestral property of husband as she has equal rights in her ancestral property.
Divorce :- In India it is nearly impossible for a man to get divorce. This should change. There should be true gender equality. The Hon’ble Supreme court has already recommended adding irrevocable breakdown of marriage in Hindu Marriage Act. In fact after 7 years of separation, as a human right, divorce should be granted easily.
Income: - Men are not treated at par with women as far as maintenance laws like 125CrPC or Domestic Violence Law is concerned. They are basically treated as a free ATM Machine. They are losing houses also by Domestic Violence Law. So they are told clearly with all laws against them, they have to obey everything the wife or women says or get destroyed. Mother-in-laws routinely says crying that “my daughter in law forces us to do anything she wants, else threatens to send to jail etc. We are destroyed”. This is the current state of affairs when we hand over our society to empowered women.
Rape :- A Heinous crime no doubt, but the unscrupulous have not left out the misuse of this law also. Most Rape case occurs when a girl elopes with a boy, and then if parents do not agree for marriage, rape is booked. Sometimes rape is being used to settle score in business dealings. Who has not heard of women taking lift and then blackmailing for sexual harassment as a profession. Nowadays, demand is being made that rape should not have to do anything with sex. New proposal of NCW, supported by WCD suggests giving Rs 2 Lakhs to a woman alleging rape is totally wrong. Incentive of money to file complaints results in false complaints. If found guilty the perpetrator should be punished but no money should be given to the women as easy money would encourage false cases.
Indian family system :- The pride of India
If there is one thing we have and the west does not, then it is our family system. It is because of tightly knit families and family harmony that we produce such a huge pool of skilled knowledge workers who have now proven themselves all over the world. Why are we drafting laws to destroy this family system that has served us so well since thousands of years? Do we want to end up in a fatherless society like the west has? Do these laws not break up our existing family system and prove a roadblock in out global march forward? If nothing is done now to save the Indian family it will notbe too long when the entire fabric of the Indian value based society will be destroyed and things wll never be the same again. It is the government responsibility to protect the Indian Culture, heritage and to have a Gender neutral society where people are not judged by their Gender but by their values, honesty and Loyalty.
Please help us to save the pride of India, the Indian Family.
Thanking you,
Yours Sincerely,
Arnab
Subscribe to:
Posts (Atom)