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Friday, August 18, 2006

Legal Awareness Seminar
(coping with Misuse of Laws concerning Families):IPC 498a

by


Save Indian Family Foundation(SIF)

Mumbai Chapter
( Yahoogroup:
http://groups.yahoo.com/group/sif-mumbai )





13th August, 2006(3 to 6 p.m)





SIF: For Indian Family, Against Misuse of Marital Laws(Indian Penal Code Section:498a, D.P Act, etc.)






Our sites: www.saveindianfamily.org ; www.mynation.net ; www.498a.org
emails: help@498a.org , info@mynation.net , mail@saveindianfamily.com


P R Gokul : 9821414336 ; Contact: Jinesh Zaveri : 98 202 41589 ; Mumbai Helpline : 9224 33 55 77

______________________________________________________

Innocent Victims of IPC 498a & Marital Laws: Standing up for their Rights.

Seminar cum meeting on 13th August 2006 between 3.00pm-6.pm- At the Press Club of India (Near C.S.T(VT) Station), Glass House, Mahanagar Palika Marg, Mumbai –1.

Legal awareness seminar(coping with Misuse of Marital/Family laws): Conducted by Save Indian Family foundation(SIF). Laws like IPC 498a are misused and the Husband and his family get arrested and entangled in long-drawn legal proceedings. Arrests could happen even without any witness, evidence or police investigation, on the basis of just a false complaint by wife. Know how to take precautions and cope with these situations.

We have invited victims from all over India, who will be discussing their problems and would share their harrowing experiences with this law of 498a. Lawyers, Retired senior Judges and Police Officers have expressed their interest in attending this meeting and addressing the concerns of the innocent affected families. We Invite your representative to be present to know more about our movement called “SAVE INDIAN FAMILY”. A rapidly growing internet yahoogroup of 1100+ families. The regional teams in different states of India, have launched self-funded phone help-lines. The guys next door, who happen to be innocent victims of this Legal Terrorism, manage these teams.

A Brief about the Misuse of Section 498a by law-misusing Wives

23 yrs old section 498a of IPC was introduced to tackle the Dowry menace at large. But the trend over the years have proven this section as a failure. Observation of even Supreme Court of India is that these laws(intended to save a family) have been misused rather than used for genuine reasons.

The potency of misuse in 498a is unfathomable and highly destructive since the Police doesn't need any other supporting evidence or witnesses, other than JUST the wife's statement/complaint, to straight away arrest the Husband and his relatives
Major reason of misuse is that the “burden of proof is on the accused” and the “accused is considered guilty, till proven innocent”(opposite to the general legal Maxim which presumes “Innocent till proven Guilty”, as in all other crimes). This involves the mandatory arrests of all the accused without investigation on a mere complaint of an inconsiderate or cunning wife, against the innocent husband and his family members. Thus damage is already done without crosschecking the verity of the complaint. Generally this tool is effectively misused or threatened to be misused, by the divorcing wives to extract a huge alimony amount from the husband. This Non-bailable, Non Compoundable and Cognizable offence has had a conviction rate of just 2% over the years, which itself speak volumes about its low efficacy and usefulness. We are only trying to amend these laws in such a way that its genuine use will protect families, but its misuse does not break families apart like its happening now.


Even with so much of misuse and appeals the government is pretending sleep. The general opinion on this law is as follows:

1: Supreme Court of India on 498A stated, "The object is to strike at the root of dowry menace. 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 assassin's weapon. If [the] cry of "wolf" is made too often as a prank, assistance and protection may not be available when the actual wolf appears."-it has unleashed a new form of Legal Terrorism as per Supreme Court

2. Kiran Bedi says: "Laws had been provided for the welfare of women. The police need not assist those who misuse or abuse the law meant for the protection of women."

3. Justice J D Kapoor Says: ‘‘There is a growing tendency among women, which is further perpetuated by their parents and relatives, to rope in each and every relative, including minors and even school going children of distant relatives.’’

4. Kolkatta High Court Justice S.P. Talukdar said the “dangerous” practice of misusing Section 498A of the Indian Penal Code (cruelty on housewives by husbands and in-laws) should be immediately stopped.

5. NRI Journalist Kulbhushan stated "Filing a non-bailable dowry case under IPC 498A is easier than ordering a meal. But while a restaurant can refuse service, the police normally arrest the groom and the in-laws. While the Indian media is flooded with reports of dowry-related bride torture, it hardly mentions the horrific cases of suffering husbands at the hands of unscrupulous wives."

Our sites: www.saveindianfamily.org ; www.mynation.net ; www.498a.org ; www.forgottenwomen.org

emails: help@498a.org , info@mynation.net , mail@saveindianfamily.com, help@asha-kiran.com

Our Blogs: http://at498a.blogspot.com (all our awareness campaigns updated here),

We store/post all SIF Press Releases here, we request personnel from the Media to keep checking back at this blog: http://pr498a.blogspot.com , to be updated with all major press releases around the globe, released on behalf of respective SIF local chapters.

We request your active participation in this Seminar cum Member meeting, and to help us to spread the word to the world. Our Movement called “Save Indian Family or SIF”.

Contact: Jinesh Zaveri. Ph: 98 202 41589; P R Gokul: 9821414336; Mumbai Helpline: 9224 33 55 77.

Agenda

Internal Group members Meeting(identifying volunteers to share the work content in forming, registering and sustaining a Mumbai based NGO for representing our concerns)- 2 to 3PM
Seminar(3 to 5 PM)

1.. Introduction of the Guests, the Issues involved in 498a, Objectives and Structure of the meeting - Mr.P.R.Gokul- 5 Mins

Guest Speakers are requested to share their experiences in dealing with 498a and DP(Dowry Prohibition) law misuse cases, precautions, defense/offence steps that victims could take, what is the alternative for 498a or how it should be amended to prevent misuse and victimization of innocent families

Member Speakers would Compliment/clarify what the previous speaker had mentioned, shares glaring instances where misuse of law is blatant and obvious in his own case, some points on 498a(prevention, defense, offence) and what we could be aiming to do as a group

2. First Guest speaker: Mrs.Anamika V.Vichare-Sarang (Advocate High Court and Family court, Mumbai, Editor: Purushmukti, Legal Advisor to PHSS(Purush Hakka Saurakshan Samittee) - 10 mins

3.. First member speaker: - Mr.M.R.Gupta - 5 mins

4.. Second Guest speaker(to be announced later): 10 mins

5.. Second member speaker - 5 mins

6.. Third member speaker: Mr.Kuldeep Singh Thind , PHSS(Purush Hakka Saurakshan Samittee)- 10 mins

7.. Third member speaker: Compliments/clarifies what the third speaker has said, mentions salient points of some 498a cases he has counseled as a helpline volunteer, and to bring out the "Anatomy of a Typical 498a case"(the typical psychology of the misusing wives& relatives(single daughter, not used to caring and sharing, pampered, tantrums, etc.), their motives(get-rich-fast, plain sadism, pressure tactics to establish upper hand in future family life!), family situation(negative influence of a lot of divorcees/sinister minds in family/friends circle, money-minded, rogue-politician(or such occupations!) type family background, old-wives techniques imparted by girl's mother to get husband under 'control') etc. which drives a girl to falsely implicate her husband & some points on 498a(this section to be split between question answer sessions as appropriate to maintain a coherent flow)- Mr.Jinesh Zaveri - 5 mins initially and continued later as the situation demands, complimenting the flow of the interactive session.

8.. Q&A , Interactive session - 1 hour

9.. Some expert members may speak in between the Q&A Session capturing the missed-out points until then, new directions to be considered etc.- a few minutes to compliment the discussions.

5 to 6 P.M is kept for interactions(including Q & A) between members, the guests may choose to leave or not, as per their convenience.

Any suggestions may be sent to drmura @ hotmail.com , to make the most out of this event.

Join SIF Mumbai Chapter: http://groups.yahoo.com/group/sif-mumbai/join

For more Links and Resources to fight against Misuse of Marital Laws like 498a: Go to http://groups.yahoo.com/group/sif-mumbai/links , and access the folder “Resources and Links” (this is updated continually, join SIF-mumbai yahoogroup for access to this link)

Sites
http://mynation.net, http://www.498a.org, http://forgottenwomen.org

http://www.saveindianfamily.org,
Main Yahoogroup: http://groups.yahoo.com/group/saveindianfamily

24-hour All India Helpline Number:+91-9243473794

Volunteer Helpline Numbers(limited contact hours,send SMS if unavailable)

Delhi : 9871734980, 9810611534, 9911119113, Bangalore : 80-55334135
Mumbai : 9224335577, Jaipur : 9352562456, Calcutta: 033 25217318/25347398
emails: help@498a.org , info@mynation.net , mail@saveindianfamily.com, help@asha-kiran.com


See Ongoing Awareness Campaigns: http://at498a.blogspot.com

SIF Press Releases updated here: http://pr498a.blogspot.com

Thank YOU…….. SIF: Lets make families happier, and hence the Nation Greater


Feedback and Suggestions

General

1. Name (Assumed name is fine, for privacy):

2. E-mail address (must be reachable, authentic):

3. Contact numbers and Location(Country too, if NRI, so that we can link you to a local SIF chapter):



4. 498a registered (Yes/No, if yes, please provide month and year, remarks):


5. Case in court (Criminal or Divorce: If yes, how long, month and yea, remarkrs):


6. Your Website or any links or Resource , Person you want to share so that we can utilise the same to better our own situations as a group:

7. Any other Suggestions/Inputs for improving SIF activities and results:


For the Media Personnel

Your Company name, nature of Media and Role/Designation:

The Direct contact of any Person or Cell(in your company) which is appropriate and could be interested in associating with SIF:

Any other Suggestions to improve our visibility and to convey our messages and activities better to the Public, and to make these efforts materialize as actual results:

9 comments:

Anonymous said...

How an NRI in fear of arrest due to misuse of 498A going to attend in the meeting in India in first place? Will be like placing the head in the lion's mouth!!! So have such meetings in UK and USA also where people feel many victims are or give some sort of guarantee for NRI's return after the meeting to attend to his duties back in UK and USA. This matter is as bad as that and I am sorry to say this in 2006. With all due respect for India but NRI's life is also valuable. Thanx UK guy.

CruiserDeep said...

Hi Uk guy, if you want the group members contact details in UK, do get in touch with me at my email drmura (at) hotmail (dot) com. And I can link u with UK guys, we do have meetings and huge groups in USofA but not yet in UK(though I know some 3-4 guys who are members of SIF, in UK)

regards
Gokul

Anonymous said...

498A Section should not be a nightmare. The reason it is so is because as we read here, the police arrest the husband and the family upon the lady's first complain and then the case starts. The lady in question can complain to the police and then the police have to tell her to hire a lawyer to fight the case. The idea seems that the lady likes to harrase the husband and his family and this can be done so easily as she does not have to lift a stick or hire a gunda as the police do that job for her and so the police are guilty here and they should firstly be taken to the court and then the husband. Come on police we have to see you as god figure. Please dont lose your chance to get moksha doing your duty. As clearly it is the police harrasing and not the husband in many cases. So is there a 498A/Police to go legally against the police? These cases will almost get very small in number if this police illegal decision is put to check. Come on police we have to see you as god figure. People are clearly not scared of a letter from the lady's lawyer as they have the time and the money to fight back with the proof we see here. But how they do this and specially from abroad as they have the fear of being arrested in the first place? If one tries to be a Gandhi in 2006 India, he/she gets a bullet bit too quick and seems from the law itself. Time waste trying to teach the law makers when this law is understood to be unfair by even a street man. So let some law makers first try to be Gandhi and do something constructive for India. May be this is why many men first become PIO-Person of Indian Origin and then NRI. So he can live and marry happily abroad where there is plenty of choice(Indians also) and you can marry and face a civilised law and not the unlawful police stick in India. So people qualify in India after spending so much of Government money and then move abroad to serve overseas country. Wake up India. Wah!!! UK Guy

Anonymous said...

Anonymous said...
NRI lost interest and respect for the place when recently got into this trap. Previously was visiting India regularly and also contrubuted at places of need. Totally innocent but now even scared to place information here with name and address.....simply because you never know what can happen. My life is valued by me and dont want it ruined by some thugs when such law exists in India. Can we please have more Gandhis from the politicians of India? Gandhi opened this employment.....that is Official Indian Politics. So let us give something in return to HIM please. UK Guy.

Sat Nov 04, 02:20:55 AM 2006


Anonymous said...
Indians

SOME VERY IMPRESSIVE FACTS ABOUT INDIANS IN USA !!!

There are 3.22 Million Indians in America

38% of Doctors in America are Indians.

12% of Scientists in America are Indians.

36% of NASA employees are Indians.

34% of MICROSOFT employees are Indians

28% of IBM employees are Indians

17% of INTEL employees are Indians

13% of XEROX employees are Indians

23% of Indian Community in America is having Green-Card'

Above information from an email

So why they went to USA in the first place?
Why so many more still want to go to USA and UK in 2006?
WAKE UP INDIA.

Sat Nov 04, 02:21:34 AM 2006


Anonymous said...
Why they left India?..... Because many of them might be children of the leaders and the rich in India and prefer to live in the west.

Sat Nov 04, 02:21:56 AM 2006


Anonymous said...
Reading all this about the misuse of law and in particular misuse of 498A, I have a suggestion for NRI. Go to India for a holiday. Like now, don’t get involved with politics and business there in India. By now after many years abroad, you have got this title of being a NRI. Most likely you are born abroad. So be a NRI. They used to say when you marry a lady, the 2 families also get married. The problems get sorted out by the 2 families. But remember now…..REMEMBER…..NRI guy not only marries an Indian lady from India but also marries the India police, who are the first ones to arrest you before you are found guilty. Why we blame the law? The law is there. The people who put the law in place are the ones to take the responsibility. So why marry a lady from India in the first place? There are plenty of Indian ladies abroad also where you now live. The Indian lady from India will find it difficult to adjust to the life abroad…..in particular UK and then will blame you and they have the additional police force in India who they can rely on to lock you up next time you are in India or can call you to India by arresting your family member in India, if you have any there. Why marry one and try to see if she adjusts to the life in UK. Why take this risk as she has the Indian police on her side to even ruin your future visits to India. Be safe where you belong and serve that country. You are a NRI and be a NRI. Yes, visit India, see the place, enjoy the Darshans at religious places, enjoy the food and get out after that, back to where you belong. Sorry India this is happening now after personal experience. I am giving my points only about this one problem in India. It is up to others and India herself to address other issues. UK guy.

Sat Nov 04, 02:22:40 AM 2006

Anonymous said...

Anonymous said...
UK GUY HAS READ THIS ARTICLE ON INTERNET.....

(KNOWS OF ANOTHER CASE WHERE ANOTHER LADY FROM INDIA HAD COMPLAINED TO THE POLICE ABOUT SIMILAR INCIDENT AND THEN THE POLICE WERE AFTER HER BODY.....NOW THAT LADY IS IN UK). SO GRADUALLY INDIA WILL HAVE MANY DISTURBED LADIES AND SINGLE PARENT CHILDREN. BIG PRICE TO PAY).

Dear Friends,

I am please to blog this on behalf of this 17 Yr Old College going Girl, She Writes

I being a 21st Century Girl doesn’t believe that India is a male dominated country because now-a-days abla’s are sabla’s I mean to say that today’s generation women always want to get something which is new branded and which also has a status symbol that too sitting at home without earning anything. This whole pressure comes on the poor husband who has to listen to his parents, to his in-law, to his boss to his children’s demand too. Irrespective of his demand he has to fulfill his family demand first.

If demand is not fulfilled by him then he has to listen to his wife’s taunts, his children’s frustration to face other problems too. Husbands also have only one person to whom they can talk i.e. to their wife, But dominating nature of wives make them more angry and violent due to which male remove their frustration in form of anger and violence. After that, the spouse or man’s better half do the propaganda of their so called plight without thinking about their husband’s mental status. Thus, adding fuel to fire. They do this with their sure shot and powerful weapon i.e. Tears. Some wives are so great that they directly go to the cops without thinking once about the consequences on their husbands and his family members, Due to which males like (Ram) have to suffer a lot.

This thought of mine can be explained with my personally witnessed experience some days back in my friend’s case. She was genuinely eve teased by some notorious guys in her neighborhood. Her father came to know about this incidence and he called the cops. The guys were taken to question by the police. But to my surprise the police did not even question us at all!!! They took us on face value and the guys were bashed royally by police. And we were not even questioned at all. I could sense the loop hole that I hear many elder married guys stuck in divorce who talks about it, like the one in my neighborhood. Before which I had no whiff about the whole thing.

I asked the police if we could leave and he understood my gesture on face. And he said to us that “You are like our daughters and we have now to be extra cautious about our image too, especially after the rape cases”

And that is where after the NC was lodged I could make out that men are really really vulnerable and women is actually dominating men using men (police) and law to the maximum of their advantage.

No doubt my friends’ grievance was genuine but the statement of the police and the treatment given to the accused at the face value of the whole matter made my conscience prick me to the extent of telling me that thank god I do not have a brother else he could have been victimized and would have been equally vulnerable to this attitude of the police.

“That keeps me pondering on the question that “Is India Really a Male Dominated Country???”


Sneha Kala.
XII Commerce, C-11.
Thakur College

5:51 PM

Anonymous said...

They used to say when you marry a lady, the 2 families also get married. The problems get sorted out by the 2 families. But remember now…..REMEMBER…..NRI guy and and others dont only marry an Indian lady from India but also marries the Indian police, who are the first ones to arrest you before you are found guilty. Why we blame the law? The law is there. The people who put the law in place are the ones to take the responsibility. So why marry an lady from India in the first place?

Anonymous said...

Arre...yahin to dhokha kha gaya India..

Anonymous said...

FACTS IN SIMPLE ENGLISH

India is so divided as it is and such laws will only send females to some sector of the men population....eg men police, men lawyers, men judges. As per the law, men are not trusted it seems and most of the people handling the cases are men. This is the place where the same ladies will say yes sir and can end up doing whatever is said to them and will have to keep the mouth shut also, and later realise what real trouble can be.

Let all that happen and then when they don’t have any place to go to, then the lesson will be learnt…..is this what we want to happen to our sisters, wives and mothers? Don’t you think it will be too late by then? Meaning….. where will they complain when harassed by men police, men lawyers, and men judges? These guys may not be your husbands but they will still be men. Will they care for you more than your husbands? Will they truly care for you?

Lot needs to be done to have good population of men police, men lawyers, men judges etc before letting these women go to these men. I say this because men are not trusted as per the law. It is like a case where a woman law maker is sending a poor cow to a lion hoping that the lion is a vegetarian. Note for the law maker (specially the female law maker):- Please first sort out other problems before this creates more problems for the society.

NOW YOU MIGHT BE THINKING:- IS THIS IS WRITTEN BY A MAN OR A WOMAN? THIS IS WRITTEN BY A HUMAN BEING. UK.

Anonymous said...

FROM THIS 498A SECTION AND HOW IT WORKS, IT SEEMS THAT IT IS VERY VERY SAFE FOR AN INDIAN LADY FROM INDIA TO MARRY AN INDIAN POLICE-MAN, INDIAN MAN LAWYER, INDIAN MAN JUDGE. .....ARE THEY ALL PERFECT AND UNTOUCHABLE BY THE LAW???!!! AND IS THE REST OF THE MEN POPULATION UNTOUCHABLE BY THE WOMEN POPULATION???!!! UK PERSON.