Yet another false dowry death accusation!
If you had followed how this news unfolded, you would have realised how the deceased girl's parents changed their statement(which they gave on national TV!) each day as more efidence against their accusations against the deceased girl's husband(alleging that his torture and divorce proceedings caused the suicide!, and hence he should be booked for dowry death and abbetting suicide, etc.- all these accusations for extorting money from the husband thus trapped under legal terrorism)
Whereas later it was evident, after due investigations , that the suicide was mainly due to some issues between her and her paramour and colleague(a pilot with the same airline where she was an air-hostess!)
This is a typical-false dowry death allegation.
See below for more details on other similar false allegations
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A reply I had sent to many of our parlamentarians, in response to the news: http://www.indianexpress.com/story/333522.htm (about amending dowry death- 304B section of IPC), read on...
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More insensibilities in law, more oppression of innocents - is that what the authorities want?!!!
This is what I posted in one of the forums in Orkut, on the subject of false dowry death cases (http://www.orkut.co.in/CommMsgs.aspx?cmm=21840&tid=5220560175977738062&na=2&nst=4)
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what I really meant is that the wife dies for some reason other than creulty by hubby, but the earlier vengeance and ill-will makes the girls parents to accuse the hubby for 'dowry death'. You should really see the case briefs in http://victims-of-law.blogspot.com/ (there are 1000s, but some of them are about guys accused of killing their wives)
U r in luck, I got the prime example i had in mind, to make this destructive and 'impossible' trend of "making hay when your daughter is dead" syndrome!. See: http://498a.blogspot.com/2008/05/y-p-singh-lucknow-up.html .
I searched and found more in this blog: http://498a.blogspot.com/search?q=dowry+death and http://498a.blogspot.com/search?q=304b
These stories written in blood will blow ur mind and ur belief on some kinda humans too!
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The recent police circulars by Delhi Police, which are a relief from rampant misuse and shoddy implementation of law by police, also is being objected by Ms.Girija Vyas, while these circulars are following the various supreme court and state high court judgements and directions therein, as mentioned below
Pls refer to two TV programs which was telecasted in CNN-IBN "Delhi moves to save men from fake dowry cases": http://www.youtube.com/watch?v=90fT42OfemI, a similar program on NDTV can be seen here: http://www.youtube.com/watch?v=uF596wNcpbA.
There are now 4 police circulars(3 in delhi and 1 in hyderabad) and one High court(Chennai) order which is on similar lines, and which insists that the Police do not arrest innocent husbands and their relatives on mere false complaints(alleging cruelty and harassment) by their vexatious wives, for oblique motives(money, control, vengeance, etc). These directives insist on an investigation before any arrests(this would be sounding ridiculous to many readers of non-Indian origin, but this is a fact of life for many Indians living in India and also abroad!)
This is apart from the 1994 SC judgement(Joginder Vs State of UP) and the allahadbad HC judgement giving more guidelines for arrest and investigation.
See all these details and what you do to stop illegal actions and arrests against you, in this post: http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html
Warm Regards,
Gokul, http://gokul.page.to, 9821414336(Mumbai)
Editor - www.siftimes.com , Director- www.pifngo.info
Protect Indian Family: "For Family Harmony.. Against Legal Terrorism"
swarup sarkar
wrote:
This is the link:
http://www.indianexpress.com/story/333522.html
http://www.indianexpress.com/story/333522.htm
Goverment should not scruble under Pressure of NCW and spoil the common man's life. If such law made, all will became wife killers . If you kill you wife then also you go to jail and if you do not kill your wife then also you go to jail.. what is this ?
Such law will increse the spouse muder more and more , request WCD to use the common sense.
Our View as under :
Dowry death misuse: A Justice Saldhana judgment
Using Six sigma statistics there is no death difference between suicide of married women and never married women so the presumption of dowry death has to be dropped of course the minds of NCW has to be examined specialy Ms.Girija Vyas.
IBN7 Debate Viedo1: IBN7 Debate on Dowry LAW Video-1, Video--2, Video-3
Please look in national crime bureau statistics of 2005 and 2006 .
It is illustrative to note what Justice Saldhana said of dowry law misuse on 2003
The Following judgment in 2000(1) Karnataka Law Online starting on Page no 560 is illustrative of the severity of the abuse of the process of law happening in the dowry harassment and section 498a cases
IN the high Court of Karnataka
M.F.Saldhana & M.S. rajendra Prasad JJ
Crl.A. no. 589 of 2003
Decided on 4-9-2003
important excerpts starting from page 562
we need to sound a note of caution that the police and investigating authorities should not improperly and technically jump to the conclusion that merely because death has occurred that ipso facto a criminal offense has been committed . In as many as 44% of these cases prosecution is thoroughly unjustified. Unless there is cogent and convincing evidence and unless there is material to sustain these charges, it would be totally impermissible and completely unjustified to embark upon legal action. The consequences of these charges are extremely grave because the accused husband and invariably family members are placed under arrest. There are serious social and economic repercussions.
end of excerpt :
a little later following excerpt from same judgment
The fact that we do come across considerable number of instances where prosecution was unjustified seems to indicate that in every case of death of young woman or recently married women that prosecution and filing of charge sheet has become automatic. There does not appear to be a proper application of mind at the stage of scrutiny and having regard to this position we direct the concerned authorities to ensure that requirements of the law are correctly and responsibly followed .
Copy to be followed to D.G. (Police)
Further we witness the cases, even when the wife is alive, still the Husbands/husbands mother/sisters send behind the bar years together and after 2 or 3 years we witness the wife is alive and staying with other men. This clearly evident and expose beyond reasonable dought the loop hole of the law , which can be abused even when the wife is alive, then you can understand what can be happen when a women die in accident/suicide/Murder or any other illness.
YouTube - False dowry death case
NCW want each and every death of a wife to be converted to dowry death, so that they can fool the people that dowry death is increasing and demand more and more fund form the government and other sources.
Such loop sided and assumption based law should be immediately changed by our LAW maker and the same to be made gender equal, husband/wife to be replaced by the word spouse, as more than 52000 married man also end their life in un natural death as per crime Bure report itself, but all the husband killers are moving freely in our society.
Let stop this legal terrorism promoted by NCW and their associated organizations, who wants that each and every home more and more litigations, so that their recommended Panel lawyers can earn more and more money by sucking the blood of common people.
In the IPC already the Murder LAW/Attempt to murder law are there and the convection up to hang to death already available, still they want more and more duplication of law to increase more and more litigation and want to send the innocent people behind the bar without any evidence and without any investigation and want to convert each and every death of a wife to a dowry death to fulfill their hidden agenda.
It is a great challenge to our LAW makers, will they surrender to NCW's absurd, ill-minded proposal or do justice to common people and stop this Legal Terrorism in India in the name of so called dowry Laws, which is totally assumption based instead of any evidence based.
Stiffer dowry law may lead to more abuse: Times News
Sub: Babhu bi kabi Saas Hogi- Dowry Death Law Misuse
Mansi, a little 4 years old girl was sitting on laps of her mother, confused but aware that her grandmother had died last night. Her grandmother Mrs. Sahay died after prolonged illness. Besides her husband Mr. Sahay, she left behind a joint family consisting of her three sons, three daughter-in-laws and half a dozen grandchildren. Mr. Sahay is a senior citizen retired from a white color top govt. post.
Suddenly mansi saw 3-4 persons in khaki, talking aggressively to her father and grandfather.
Mansi innocently asked her mother
"Mamma, are they Yamadutas?
If they are, aren't they making a mistake?
Why they are taking away grandpa, its the grandma who actually have died."
Her mother immidiately put a finger on mansi's mouth and whispered in her ear, "They are not Yamadutas my angle, they are policemen."
Police officer: Mr. sahay, you are under arrest on charges of section 304-B.
Mr. Sahay: But we have been married long back and there was not a single dispute in our whole married life. I have a big joint family and we are living happily.
Police officer: You all have to be arrested and the body of the deceased need to be sent for post mortem.
Mr. Sahay: What do you mean by all? She died a natural death.
Police officer: All means, all your sons and daughter-in-laws also.
Then he changed his tone to bollywood style policeman, "Main farz se majboor hun" (i am duty bound, i cant do anything). You all have to come with me, as by law, husband and all her relatives have to be presumed guilty for an offence of dowry death. Are they not your relatives?
Mr. Sahay: But officer, its more than 35 years since our marriage. Arrest, Why?
Police officer: "Kyonki Saas Bhee Kabhi To Bahu Thi", the officer promptly replied.
Thanks to _NCW_ for their proposal to remove the limit of 7 years on the presumptions in case of dowry death under section 304-B IPC and making it for complete lifetime of a woman.
I would also like to thank the Ministry for Women and Child Welfare (WCD) for all its care. Its support and care for the earning opportunities for the lawyers, policemen and brokers at CAW cells.
Regards,
Neeraj Aggarwal
Best Regards,
Stand and die in your own strength; if there is any sin in the world, it is weakness; avoid all weakness, for weakness is sin, weakness is death. - Swami Vivekananda
Reference:
· YouTube - False dowry death case - http://www.youtube.com/watch?v=-eYxWCwQDR0
On 7/10/08, Rohit wrote:
Teena Thacker Posted online: Thursday, July 10, 2008 at 2222 hrs
New Delhi, July 9: In a significant broadening of the Dowry
Prohibition Act, the Ministry of Women and Child Development is
planning to change the legislation so that the unnatural death of a
woman at any stage of her marriage is covered by it.
Right now, unnatural death of a woman within seven years of her
marriage is construed as a dowry death, attracting punishment under
Section 304(B).
There should not be any limit; unnatural death of a woman at any
stage should be considered an offence liable to be punished under 304
(B), says a senior official.
The ministry, which was given suggestions in this regard by the
National Commission of Women (NCW), is proposing this and several
other amendments to the dowry Act. The ministry officials will meet
this month to discuss the changes.
While expanding the limit of the cases, which can be brought under
the purview of the dowry Act, the ministry is also considering a
major relief to the groom's family by saying that arrests of the
immediate family members not be made till they are proved guilty.
At present, the police can arrest the family of the groom on the
basis of verbal accusations made by the girl. We are looking at the
evidence taken by the police officials while making arrests, added
the official.
According to figures available with the ministry, about 1.2 lakh
women (relatives of husbands) have been arrested under the Act. Since
it is a non-bailable offence, officials suspect it has been largely
misused. Last month, various NGOs representing men made presentations
to the ministry, alleging that laws for protecting women like the
anti-dowry legislation and the Domestic Violence Act are violative of
their fundamental rights. Their plea to scrap the legislation
prompted the ministry to review the Act.
While demanding dowry is a crime, even those agreeing to it from now
on may face a strict punishment. The law should be the same for both
the parties. There should be punishment for all those accepting and
giving dowry. Why should all those giving dowry be
considered innocent?, an official in the ministry told The Indian
Express.
The NCW, in its radical suggestions, has also asked for enhancing the
minimum punishment for the dowry-related cases. The ministry is also
likely to consider this.
The NCW has also suggested that a professional counselor talk to both
the parties rather than the police, which is not a competent
authority to deal with matrimonial discords.
Delhi, the capital of dowry deaths
According to the recent NCRB 2006 figures, dowry death figures in
Delhi reveal the dismal state of women in the city. According to the
figures there were 120 reported dowry deaths which occurred in 2006,
higher than other mega cities.
A 1997 report claimed that at least 5,000 women die each year because
of dowry deaths, and at least a dozen die each day in `kitchen
fires', thought to be intentional.
According to surveys, the epicentre of the problem of bride-burning
and other forms of dowry-related violence on women is Delhi, western
and central Uttar Pradesh (cities such as Kanpur, Lucknow, and Agra
have witnessed the highest number of deaths), and places adjoining
Delhi (Haryana, Rajasthan, Madhya Pradesh, and Punjab).
The other side of the picture
According to the National Crime Records Bureau (NCRB), more than
6,000 dowry related cases are registered on an average annually. Of
these cases, according to Save Family Foundation, an NGO, 65 per cent
of cases are reportedly false. The amendments in the Act are much
needed. During the suicide cases by wife the whole family is
immediately arrested. Though it is a different matter that every year
more men commit suicide then women. There is a dire need to balance
the law, says Swarup Sarkar, one of the founder members of Save
Family Foundation.
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