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Saturday, July 29, 2006

Contributed by Lucio Mascarenhas, Bombay... SIF member
Sent to : ; ; ; ;

Mischievous Laws Fostering State Tyranny (498 A I.P.C. etc.)

Posted by: "Lucio Mascarenhas" prakashjm45 Fri Jul 28, 2006 10:23 am (PST) Dear Zee T.V.,

I have been informed, as a member of the "Save The Indian Family" onlinecommunity, that you (i.e., Zee T.V.) are preparing a program on certain"laws" and the people who are unwarrantedly wronged by these "laws",particularly, "Sections 498 A, I.P.C. etc.", read along with "Section 113B,Evidence Act" and other related "enactments".

Permit to introduce myself, and explain my involvement in this matter.

Although I have not yet been made a victim formally of these illegal,criminal, and unconstitutional set of "enactments", I have been madeindirectly a victim by being terrorized and intimidated with the threat ofinvoking these illegal "laws" against me, my indisposed 75-year old mother,and my siblings, on the fabricated charge that we have harrassed a woman fordowry.

As a matter of fact, the said woman has perpetrated fraud on me and hasentrapped me into a civil marriage on false pretences.

I am aware that several courts in India, and throughtout the BritishCommonwealth (as British Commonwealthy Case Law is valid in India) haveruled time and again, that where consent to a marriage has been obtained byfraud and deceit, or by a false and or a defective consent or by duress orcoercion that negates the free consent of the contracting parties, then inEquity, if not in the actual provisions of the written Law, the contract isjudged to have been fatally prevented from coming into force and thereforethe marriage is declared null and void from the beginning.

Despite my several complaints to the authorities, the Police illegally andcriminally refuse to take cognizance of my representations, whether verbalor written, and illegally and criminally insist on the "validity" of this"marriage" obtained by fraud, refusing to act against the crimes of thiswomen, yet threatening to invoke the above illegal "laws" against me ongrounds that they themselves are aware are false, and purely out of a falsesense of being superior to the Law and to the Citizenry.

It is a fundamental right of citizens, and an essential component of theirRight To Life, which includes a right to live with dignity and respect, thatany person accused of a "crime" is to be treated by the Police and theCourts as being "Innocent until proven guilty".

However, the above set of "laws" illegally and criminally deny citizensthese fundamental rights, and perpetrates upon them the crime of falsedetention, and imposes upon them illegally the burden of "Presumption ofGuilt until proven innoncent" on their own account, that is, the Stateimposes upon them the burden of proving their own innocence!

It is pretended that this set of "laws" were enacted in order to "protectwomen". As a matter of fact, the vast majority of the victims of thiscriminal and anticonstitutional set of "laws" are women - mothers, sisters,sisters-in-law, etc.

I do not deny the fact that in many cases of a marital (or quasi-marital, asin my case) dispute, it is the woman who is wronged.

However, the above set of "laws" do not help to prevent this, and on thecontrary, it is an admission by the State, and by the Legislative, Executiveand Judicial Branches of the Government jointly and severally that theyare incompetent to handle the situation and deliver justice to victims, forwhich reason, by a perverse sense of logic, the State decides that it willcompensate by making an utterly unrelated set of "laws" that make innocentcitizens victims and therefore creates a new set of victims of injustice!

This parody and mockery of justice and law is what the above set of "laws"amounts to!

I request you to kindly look into this matter and bring this HimalayanInjustice perpetrated by the Indian State to the attention of the broaderpublic, in order that the public may be educated against this HimalayanEvil.

Thanking you, I am,

Yours truly,

Lucio Mascarenhas, Bombay

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