Fraud in the name of law making
An new law on “Honor Killing” is in the works.
At the outset: I’m severely against honor killing!
But, this new law proposal raises question – can the Govt. please explain first why the slew of present laws related to culpable homicide and domestic violence not sufficient for honor killing? What will they achieve by this new law?
The justice delivery system in India is the most “unjust” given the crores of cases pending in various courts and more people victimized by this system rather than getting justice.
Nothing has been done for speedy justice delivery.
Still the govt wants to go ahead with some more bills prepared with skewed mentality!!
“Accused to prove innocence” = That’s the key phrase govt. likes a lot as it frees responsibility from their side to investigate in any case.
This is the biggest cruelty and most severe form & tool of oppression of basic human rights of any person.
This “unjust” provision of law is the KEY reason why so many false cases are filed under other laws like IPC 498a/Domestic Violence/Rape etc.
The reason is simple that it’s more easy to pay lip service than to do actual good.
The govt. seems to suggest that the crime is INCREASING as our India is getting more EDUCATED and PROGRESSING by the day!!!
With DAD, without a care, only fun ‘n’ learn
Dedicated to Fathers and their spirit to always do the best possible for their kids!!
Here it is – The FATHER’s day !!
One man in our lives who relentlessly and tirelessly keeps working so that his kids and family get access to all the joy, all the fun, all the care and comfort.
One man who with the shelter and protection he provides, makes all the worries and all the fears go away.
Be it when teaching how to ride a bicycle while himself running frantically behind us or be it when making us learn the complex algebras and trigonometries, he is always full of energy and taking utmost care to see his child through and thorough with his lessons.
The man who does not even wink while stretching his means and capacity to fulfill the wishes and dreams and demands of the family.
The man in our lives who transforms the human being in us, not only by his guidance and helping us choose our careers but also by his thoughts and actions and visions!!
A SALUTE to you DAD for making me what I am today!
I would not have reached even this far but for the path you showed me and stood by me all along!!
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This writing inspired from:
Police plays role in honour killing
In numerous media reports it is made out that some local bodies like “khaps” or panchayats give diktat for “honour killing” of girls and/or boys who marry either out of their clan to upper or lower caste or within the same gotra or marry after eloping with someone despite disapproval of the girl’s family.
The fact, however, is that in most of these cases of honour killings it is the girl’s family like her father, uncle, brother, mama etc. who actually execute the girl along with the guy who she marries.
There are recent news items supporting this fact:
1) Man held for killing daughter for honour
2) Teenage lovers electrocuted for honour in Delhi
3) Delhi journalist, Nirupama, killed by her mother
In variably in all of these kind of cases the police files a case of rape alongwith/without a case of abduction on the guy and his family upon request from and in connivance with the girl’s family!!
The intention behind most of these cases is to harass, teach a lesson to and extort from the guy’s family. And police easily gets away with these acts routinely.
In a first of its kind slamming, Delhi HC pulled up the police for failing in its duty to protect girls from honour killing and conniving to charge guys as criminals and rapists.
News item below:
http://news.oneindia.in/2010/06/17/delhi-hc-slams-police-over-honour-killing-cases.html
EXCERPTS:
New Delhi, Jun 17: In the wake of alarming and growing number of honour killing cases, the Delhi High Court has come down heavily upon the police for failing to protect people.
Slamming the police’s practice of turning the girl’s elopment cases into rape cases and putting the boy behind the bar, vacation judge Justice SN Dhingra said, “Its unfortunate that elopement cases are converted into rape cases. Your police is party in all cases of honour killings. You connive with parents and turn your face the other side. You send boys behind bars on rape charges and allow the parents to kill their daughter.
“How can you be so insensitive for a few bucks? In case of elopement, you register the case under section 376 (rape) of Indian Penal Code. You do not register case or take action where you should have done,” the judge said, adding that by putting men behind bars for marrying the woman they love the police were turning “normal citizens to criminals”.
These observations came when the court was hearing a case, which was brought up by Delhi High Court Legal Services Aid Authority, about a man was sent to jail for eloping with a girl on a complaint by her parents alleging she has been raped.
TOI Author need to MIND
TO : mytimesmyvoice@timesgroup.com
Dear Sir/Madam,
This is with reference to the article in TOI Crest – Mind the Gap, 08 May 2010:
This article is full of wrong and misleading information.
1) >> For instance, consider the absence of consent as a prerequisite for Hindu marriage. <<
Refer Hindu Marriage Act – Sec 12-1(c) : This section clearly states that a marriage is voidable if the consent is obtained wrongly.
2) >> Adding insult to injury, the provision relating to adultery makes it clear that only a husband can initiate criminal proceedings. There is no such corresponding right granted to the wife <<
Refer HMA Sec 13 -1(i) : There is a clear provision to get divorce if any of the spouse has voluntary intercourse outside wedlock
Refer IPC 497 : This is a totally biased law which FAVORS only WOMEN. If a woman is living in adultery only her Male partner can be prosecuted. The law shields the woman completely. Which means, if a woman is living in adultery a husband cannot initiate any action against her. On the contrary, if a husband indulges in adultery, his wife can not only ask for divorce but also initiate CRIMINAL proceedings against her husband!!!
What does the author say on this??
The NCW is one of the most corrupt organizations which is consistently working to create gender-biased laws which break families and create disharmony in society. IPC 498a, Domestic Violence etc are examples of such laws which are harassing innocents in the name of Gender Equality!!
From the article it is very clear that the author has NO UNDERSTANDING of the laws prevailing in India and wrote about HIGHLY IMAGINARY stuff.
You would do well to deny such authors any space on Times of India pages/site, as such articles create unnecessary panic in society by providing misleading information.
Regards,
Good in BED or good in HEAD?
Would you like to share thoughts on who is better – a Porn star or a Wife ?
Is it a controversial subject?
Should this be discussed at all?
Oh my, how can anyone even attempt to compare a Porn artist to a Wife?
After all, a Porn star is one who earns by selling sex and a symbol of lust!
While a wife, the bond with her, so sacred, spiritual, personification of love!
But, isn’t this an age old debate – lust vs love?
Well, here I’m not going to put who is good in BED, but who is better in HEAD… read on ..
The Porn star
Have a look at the video below. There’s this porn star who looks younger than her age. A man (not the one in the vid) was caught with some porn movie of hers and arrested and charges framed on him for possession, promotion and indulgence into CHILD PORNOGRAPHY.
This porn star lady was informed about the case. She felt for the man for getting wrongly framed for no fault of his own. Made it a point to visit the court and proved her age that she is adult. What a humane behaviour!!
This bold and helpful act of hers saved the accused from a 20 years’ prison punishment.
The Wife
Now, have a look at the news item below from India.
This wife first files a false case on her husband. Then to make his life miserable, she befriends with a cop. The give and take game – wife offers herself to the cop to extract return favor from him to screw her husband. Once, her task is done, she capitalize on another extortion venture by framing the same cop in a false charges of her rape!!
INGENUITY at its BEST!!
(The cop was lucky, as being a cop he could arrange for evidences to save his a$$. If a common man would have been in place of this cop, he would have either rotted his life in jail or yielded to extortion demands )
And what of comparison:
Porn star:
Good in bed – YES …. 😎
Good in head – DEFINITELY
The WIFE:
Good in bed – hmmm… YES (she could attract interest from cop)…
Good in head — Now c’mon guys… don’t insult her ingenuity by saying she’s not good in head!!
Do let me know your thoughts by posting comments !!
Women resort to sexist excuses – Seema Goswami on Hindustan Times
Hello Seema,
Congratulations for a yet another nice article!! This is a good expose on how modern day women don’t even wink before labeling any fact/logic/argument as sexist.
Resorting to sexism is a tactics by which such women shamelessly allow themselves an excuse from any responsibility of their own acts (no-sweat) and to get an easy, “sweet”, sympathy from society and public. Well, there are so many men also involved in IPL-gate, and sadly this kind of excuse is not available to them, unless they go for a sex change.
Being a cabinet minister it is a most un-welcome comment coming from Shahi Tharoor in defense of her girl-friend. If Ms. Pushkar is really a woman of substance, she should have stayed and faced the investigation bravely. Why would a person of integrity resort to sexist remarks to save own skin and quit? There are so many women in Media, so why would media find it difficult to accept a woman professional if one really is?
It’s disappointing to note that Mr. minister is nothing but another fallout of the vastly spread feminists’ ideology, which labels all MEN as CRIMINALs and all WOMEN as HOLY and VICTIM.
This ideology is the prime reason behind gender-biased laws in India which instead of doing any good, have actually harmed the social fabric and family harmony and adversely affected more women than it did any good for.
Media needs to keep exposing such biases in the system and the people who resort to such tactics making mockery of the deprived ones.
Regards,
Abhishek
Women unleash Domestic Violence – Times of India
Dear Madam,
I was pleasantly surprised to read an article from you on MEN’s issues in an otherwise FEMINIST Times of India.
Domestic Violence is not a gender issue.
And, as carried out in your article as well, no matter how good a leader or achiever a man is in the outside world, within his own house he can be a subject to domestic violence perpetrated by his female partner. And while lot of feminists and their sympathizers are quick to stand up in support of the women facing DV, there is no such support available to MEN. And this is just because some false notions among govt/society/media that MEN are strong and can never be at the receiving end of DV.
This false notion can be corroborated by the fact that there is ministry for Women and Child Development, National Commission for Women, even ministry for animals. But there is no ministry or commission for MEN.
Even society does not encourage men to come out with their problems openly and blindly assumes that only women can be victims.
Not only this, the Protection of Women from Domestic Violence Act, is an example of a gender-biased and poorly drafted law which mostly aids in mis-carriage of justice by allowing false complaints. There is no provision to punish women who misuse this act by filing false complaints.
Media should play a role by highlighting issues faced by men as well as regularly as it does for issues faced by women.
Regards,
‘Just’ Business
Khap Panchayat or THE GREAT INDIAN JUSTICE SYSTEM
Recently a judgement was delivered by THE GREAT INDIAN JUSTICE SYSTEM (will get shortly into why I call it GREAT) convicting members of a ‘Khap Panchayat‘ who ordered honour killing of a couple. Almost all the sections of media hailed it as a Landmark Judgement. While, the media remains ever-ready in finding faults and for condemning the acts of Khap Panchayats, this very media never ever crosses the line of the GREAT INDIAN JUSTICE SYSTEM. And when some daring ones like that of TEHELKA and Honourable & fearless Mr. Prashant Bhushan tested waters by openly declaring that atleast ‘half of last 16 Chief Justices of India were corrupt‘, the Supreme Court was quick in taking suo moto cognizance and started contempt proceedings against Mr. Bhushan. It’s worthy to mention here that Mr. Bhushan has one of the most clean records and means what he says. And, that our SC seldom (rather never) takes suo moto action against lower/high court judges for routinely issuing various illegal judgements based on their whims and fancies.
While there are several reasons apart from above which make up the GREAT INDIAN JUSTICE SYSTEM for what it is, like CJI office not ready to go under RTI, Judges showing inertia in declaring assets, a hidden collegium based elevation of judges which even considers corrupt judges like Dinakaran ….. etc., here I’m going to throw light on the GREATness by discussing some of the judgments which amount to harassment and legal extortion of husbands. And, by all means this is like touching the tip of an iceberg of such harassed and extorted lot.
Very recently there was a judgement which was flashed in media –
“Filing false case against in-laws is cruelty” (english version) (hindi version)
It’s good to see that court recognized wife’s IPC 498A complaint as false and granted divorce to the distraught husband for the cruelty his relatives, mother and he himself faced at hands of his wife and police. Afterall, these poor fellow were made to lead lives of criminals in prison for 2 long years and that too on a false complaint !! This is one of the faces of the GREAT INDIAN JUSTICE SYSTEM.
Now, before you think that finally justice was done in favour of husband, there is more to it than meets the eye. Let’s have a look at the full judgement of this case. The order goes like this:
(i) The marriage of the appellant and respondent stands dissolved by a decree of divorce under section 13(1)(ia);(ii) The appellant shall pay sum of Rs.3 lacs by way of permanent alimony for the maintenance of the girl child. The said amount of Rs.3 lacs shall be invested in fixed deposit in a nationalized bank and the respondent is permitted towithdraw the interest accrued thereon quarterly. The amount of Rs.3 lacs shall be invested in the fixed deposit within two months from today in the name of the minor child and the respondent would be shown as her guardian;(iii) The said sum of Rs.3 lacs shall be kept invested in fixed deposit till the child attains majority.
Here are my observations from this order:
1) A husband who himself and his family were at the receiving end of cruelty, asked to pay 3 lacs within 2 months. (Just think, is it easy for a person earning some 5,000-7,000/- per month to arrange this kind of sum?)
2) The wife is also earning in the same pay range of 5,000-7,000/-. Hmmm…. what’s this??? When both husband and wife are earning in the same range then why alimony?
3) Custody of the girl child given to wife on claims that she needs alimony to maintain child. Doesn’t this mean that wife is not capable of maintaining the child?? Then why the custody to wife??
4) It never occurred to the judges what will a girl child learn from her mother who is herself of sick mentality!!! What do you call a woman who files a false case against his husband and in-laws?? What moral education can she give to her child?? Why deprive the father from the love of his child??
5) What about the suo moto proceedings of perjury against wife?? Afterall, she lied and set the systems of criminal justice and police in motion against innocents. — Not punishing such women is the biggest reasons why false cases are on the rise in the country which is crippling the whole judiciary and delaying justice to numerous such innocents.
6) What about compensation to the husband for the loss of precious productive 2 years of his life?? Is this divorce rewarding for the husband or the wife??
Year-on-year increasingly more number of innocent husbands are loosing their self-esteem, reputation and productive years because of the cruel laws like the IPC 498A, Domestic Violence act, Dowry Prohibition act and most importantly because of the GREAT INDIAN JUSTICE SYSTEM.
The Sunday Indian has recently done an exclusive on IPC 498A and concluded that the Law is an ASS
This is not a one off judgement where the wife is rewarded. When it comes to rewarding wives the GREAT system can go to any extent, it can go back to Manu’s time or may be go forward to GOD knows where, to find out ways and means to help the wife. In one of the judgements on maintenance to wife under CrPC 125, where the husband was a student, the court pulled out something from Manu’s time and went on to state that :
the Manu’s mandate in this respect is that beg borrow, or steal, but you must maintain your wife.
. . . . . .
The obligation of a husband to maintain his wife is one arising out of the status of marriage. It is a liability created by the Hindu Law, in respect of the jural relation of a Hindu family and to Article 554 of Mulla’s Hindu Law. A wife is entitled to be maintained by her husband, whether he possesses property or not. Manu as cited in Mitakshara, has enjoined: The aged parents, a virtuous wife and an infant child must be maintained even by doing a hundreds misdeeds.
So, in a single shot, the court advised husband to do whatever (even adopt illegal means!!) but pay to wife. Cannot be a better example than this on the legal extortion of husband. Though, the courts have routinely talked about and held the rights of a wife and taught and ordered husbands to perform their duties like above, these same very courts never defined the duties of wife nor did they venture into prescribing what would be the legal recourse available to husband should the wife not follow her duties.
Although I’m no supporter of Khap Panchayats, I feel, it’s imperative to evaluate if the GREAT INDIAN JUSTICE SYSTEM is any better than the Khap Panchayats. Just like Khaps rule with utmost and unchallenged supremacy, this GREAT system also remains largely unchallenged, for whosoever challenges it faces contempt proceeding.
Khaps grant honor killings in one shot, the GREAT system kills husbands piece-by-piece and make them live thru their humiliation and helplessness. You can read more here about honour killing using IPC 498a.
Khaps rules are mostly unwritten, the punishment though is fixed for each type of offence. There are laws/rules/acts/case laws which guide the GREAT system, but it seldom delivers similar justice in similar conditions, except that it never initiates perjury proceedings against erring wives.
Khaps punish men and women alike, the GREAT system goes out of the way to help women play extortion games.
The inaction/wrong action/slow action of the GREAT system are one of the prime reasons why India is today facing many internal problems the most significant of which is the present Maoists issue. More on this in some other post.
Disclaimer: The views expressed are based on presonal observations on and perceptions of the different events occurring in the Indian society and put here to have a healthy discussions on the state of affairs prevailing in present India
Electronic Media Coverage on Misuse of Gender Biased Laws
P7 News:
Feb 2010:
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28Feb2010
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07Mar2010
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Open letter to PM opposing proposed Molestation Law
Proposed Molestation Law
The government will soon make molestation a nonbailable offence, increasing the maximum imprisonment for the crime from two to five years.
To,
Dr. Manmohan Singh, Prime Minister of India, Prime Minister’s Office, South Block, Raisina Hill, New Delhi – 110011Dear Sir,
I, , am writing this letter to strongly object to the newly proposed Molestation Law, making it a non-bailable offence with imprisonment upto 5 years. Though the law is now being proposed from a fall-out of hyped case of Ruchika Girhotra, I would like, Sir, to bring to your attention that “alleged molestation” is not the main issue here. The main issues are the power plays by bureaucrats, denial of justice from the judiciary and violations of fundamental and human rights of innocents by police machinery while concurrently shielding of the guilty.
1) Power plays and terror from the former DGP S.P.S. Rathore and his clout victimized whole of Ruchika’s family and made their lives hell. Cruel and heinous acts like getting Ruchika expelled from school and torturing her innocent brother Ashu, committed to make the family buckle from their resolve of getting justice. Clearly the suicide committed by the girl was not because of “alleged molestation” but an unfortunate result of DGP’s power play.
2) Judicial system in India is stooping to sinister levels with each passing day. Delayed justice in most cases and corrupt judiciary all over the country are breaking lower grounds with each passing day to the extent that common man has lost all faith in the justice delivery. Your attention is drawn to cases like the PF scam in UP, Justice Dinakaran’s affairs in Karnataka, Justice Nirmal Yadav’s cash at doorstep case (Annexure 1, 2, 3) .
Ex-DGP Rathore not only received a light sentence but also 19 free years as a gift from the judiciary. With such an state of affairs many aggrieved prefer to suffer on their own instead of suffering at the hands of judiciary.
3) Police department is directly responsible in shielding Rathore. As such, shielding criminals with high profile or connections thereof is a routine affair at Police department. While the innocents are regularly abused physically, mentally, emotionally and financially. There are many such cases; here I would like to draw your attention to the rape case in Betul, M.P., where a dalit women was raped in police custody, six months back (Annexure 4)
4) Fund chasing radical feminists with their vested interest spare no time in hijacking the real issue of corrupt police officers, bureaucrats and judiciary by raising hue & cry to create more harsh and unconstitutional gender-biased anti-male laws like this molestation law. It should be noted here, these feminist organizations do no good for women and children really suffering e.g. the Betul rape case mentioned above. Instead, they are more interested in hogging media limelight by attending to cases like false molestation charges leveled by an Air India air-hostess against the pilots.
5) Anticipatory Bail was provided to Ex-DGP Rathore instantly even after his involvement in abetting suicide was in public knowledge. Whereas, police in cahoots with judiciary routinely play the game of arrest and denying bail to husbands for IPC 498A cases without even investigating the matter. Infact, in IPC 498A cases, this bail itself is used as a legal tool of blackmailing and extortion. CJI himself admitted to “gross misuse” of IPC 498a (Annexure 5)
I’m appalled to find that instead of fixing the rot in the system, Govt. is planning to bring in one more biased law which denies equality and freedom provided by the Constitution of India to its citizens. My strong objection be registered against such a Molestation Law.
As such, the Govts with Congress as ruling party in the past have particularly been instrumental in passing gender-biased family-breaking laws like Section 498A of Indian Penal Code and The Protection of Women from Domestic Violence Act, misuse of which are rampant throughout India. There is no punishment mentioned in these laws for misuse, and hence, are misused blatantly by women to settle scores resulting in –
- physical, mental, emotional and financial abuse of husband and his entire family members at the hands of police and judiciary
- defamation of husband and family
- huge number of false cases crippling the justice delivery system thus, affecting and delaying justice for all.
On the other hand, the long pending amendments, “Code of Criminal Procedure (Amendments), 2008” were not brought into force even after assented to by Her Excellency, The President of India, just because some lawyers held the whole country to ransom by striking work at courts throughout India.
If the Govt. is really interested in fixing the rot, it should:
A) Comply with the directions laid down by the Hon’ble Supreme Court of India in W.P. 310 / 1996, Prakash Singh and Others vs. Union of India and Others under Article 142 of the Indian Constitution for implementing police reforms. This will ensure that police personnel do not misuse their powers in uniform.
B) Strengthen the Right To Information Act, 2005 (RTI), and get it implemented across the board. Bureaucrats and officials who flout the RTI Act blatantly should be brought to books (may even be jailed), to make them fall in line and work for public welfare.
C) Bring the entire judicial proceedings and administration under the ambit of the RTI Act, so that they can be held accountable for playing with people’s lives and delivering “No-Justice” after lifetime of cases running.
D) Amend Article 311 of the Indian Constitution to nail the corrupt officials as pointed out by the Hon’ble Union Minister of Law and Justice Dr. M Veerappa Moily as reported in the Indian Express on the 14th of September 2009 (Annexure 6)
The questions a law abiding citizen like me is raising, for how long will it be that:
1) A common man cannot get justice without harassment or get only “No-Justice” after decades of fighting?
2) Justice will be got only when media creates hype?
3) People’s voice be heard only when they hold the country to ransom, like the lawyers against CrPC amendments, or the Gurjars for reservation, or the farmers for opposing sugar pricing or the Telengana protests?
The Chief Justice of India has recently said that Indian people will revolt if the government continues to play with people’s lives (Annexure 7) and the Ruchika case may just be the beginning of the revolt. I have today totally lost all faith in the Indian Judiciary and the Justice system, and will be willfully taking part in any agitation against the new proposed law on molestation unless the Govt. gives an official statement that it will not be considering it.
Thanks and regards,
Signature
Annexure:
1) PF scam in UP and judges not cooperating
2) Justice Dinakaran disproportionate assets
3) Justice Nirmal Yadav cash at doorstep case
4) Dalit woman’s rape in police custody in Betul, MP
5) CJI on gross misuse of IPC 498a
6) Need to revisit laws : Law Minister Dr. M Veerappa Moily
7) CJI on people’s revolt on delayed justice
CC:
1) Smt.Prathibha DeviSingh Patil, President of India, Rashtrapathi Bhavan, New Delhi – 110004.
2) Dr. M Veerappa Moily, Hon’ble Union Minister of Law and Justice, Ministry of Law and Justice, Govt. of India, 4th Fl. A Wing, Shastri Bhawan, New Delhi – 110 001
3) Shri K.C. Jain, Joint Secretary (Coordination and Public Grievances), Room No. 9, North Block,
New Delhi-110001
4) Home Secretary, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi – 110 001
5) Mr.K.M.Chandrasekar (IAS), Cabinet Secretary, Cabinet Secretariat , Rashtrapati Bhawan, New Delhi – 1100 04
6) Dr. Brahm A. Agrawal , Member Secretary, LAW COMMISSION OF INDIA, 2nd Floor, The Indian Law Institute Building, (Opp. to Supreme Court), Bhagwandas Road, New Delhi – 110 001
India - The Transition 