Total Pageviews

Join SIF yahoogroup, get answers..

Join SIF yahoogroup"
Showing posts with label case. Show all posts
Showing posts with label case. Show all posts

Saturday, June 21, 2014

Embed SIF One clickable banners in your blogs and websites

SIF one clickable banner(which links to SIF yahoogroup if clicked) is available for you to embed/link in your blogs and websites.

You can see a sample here(top portion, red banner of the SIF one helpline): http://at498a.blogspot.in

The Embed code is below:

**********************
http://groups.yahoo.com/group/saveindianfamily/join">http://i.imgur.com/Ptel7Ij.jpg
" title="Join SIF yahoogroup" alt="Join SIF yahoogroup" />"
**********************

You can use this code in your blogs "Gadget" if you have blogspot(go to Dashboard-> "layout" and copy paste this code into a blank gadget).

Sunday, June 15, 2014

Father's day: Your online dad!

Your online dad! - Message in a bottle: Part-2

I chanced upon an old chat log today, today being Father's day. This chat log was between myself and my ex-wife. It was one of those chats which I had initiated, even though she had filed a false criminal case of Dowry harassment, cruelty , etc., against me and family, way back in 2003, as usual to enquire about how my daughter is doing. Like it happens usually, she started her tactics of shaming and blaming(as if I had a choice of keeping in touch with my daughter, after they had put up an extremely turbulent onslaught of false cases involving court, police and other criminal  proceedings against us!).

My ex posed as if my daughter is typing some of the messages to me, I really don't know whether it was her or my ex(as a part of her dirty tactics to make me feel bad, guilty of deserting my daughter, etc.,). One of the messages my ex send on chat "got to know an online father.."!.

So who makes these "online fathers", non-custodial, willing and yearning fathers?, who files false complaints and make a mess out of everyone's life?. In my case my ex and her family wanted to perform a 'Shock and awe" style invasion and subdue us quickly, so that they can rule the roost thenceforth, but with our resistance and grit this plan deservedly fell apart, now they are on to some kind of psychological warfare, which is also being dealt with appropriately and reciprocated too when apt!.

But in all this they do not, like many of these legal terrorists, realise that they are causing permanent damage to the psyche of their own children, denying them of yearning fathers, waiting to nurture them to be complete people, by adopting a shared parenting regime suitably.

Dedicated to all those dad's who are braving it out come what may, for their children's and their own sake, for the sane world's sake..... power to you dads, we will not give up without a fight, we shall not give it up at all!...... so shine on me father, that I can be the light for others too!.





Saturday, June 14, 2014

Preity Zinta alleges molestation by ex-boyfriend after 4 months!

Preity Zinta alleges molestation by ex-boyfriend after 4 months!.... surprised?, me.... not so surprised since I have been witnessing umpteen number of such "after-thought" cases used as a leverage to eek out money, revenge or whatever the 'lady' is interested in!

I neither personally know about this case(new report and the FIR are quoted below ) nor am I speaking for any of the parties involved, neverthless it's a fact that even the Supreme court had termed this kind of misuse as "legal terrorism"

Pune police had gone on record stating that 74% of rape cases are found false( 74 per cent of rapes reported to them were intercourse with mutual consent), later supreme court and various high court's too had expressed concern about misusing such laws as a leverage to get something else done!.


********************** Final Analysis********************
If you you are wondering where is the "Molestation" mentioned, don't be surprised , IPC section 354 is now(after the amendment in 2013) Cognisable(police can arrest without warrant) and Non-bailable(you cannot get bail from police station, you have to get it from court). So this section was added for making the case "Strong"(read to get the desired ransom from the Wadia coffers!)


Original link: http://www.deccanchronicle.com/140614/entertainment-bollywood/article/all-you-want-know-about-molestation-case-preity-zinta%E2%80%99s


All you want to know about the molestation case, Preity Zinta reveals

Deccan Chronicle | June 14, 2014, 16.06 pm IST










Mumbai: Actor Preity Zinta has filed a police complain against former boyfriend Ness Wadia, alleging that she was threatened, abused and molested by him. Preity later broke her silence on the incident on a social networking site. 
On the social networking site she wrote,
From my heart….
I may not be super wealthy and powerful but i have truth by my side and I’ve worked very hard all my life and tried to earn respect for myself as a self made professional. It saddens me that no one at work or around ever stood up for me in the past when i was abused and insulted publicly. This time i was left with no option but to take this stern step as this incident happened in front of way too many people.
Sometimes we are so ashamed and humiliated that we fool ourselves to believe that no one saw what happened . Everyone always looks away as if they don't exist or then we don’t exist. People are embarrassed just enough to look away, but not too embarrassed to intervene.
Ironically what happened at Wankade is being diluted by every other fabricated story about my character except the truth of what happened. I'm sure the witnesses will speak the truth and i trust and believe that the police will do their job fairly and quickly.
No woman likes to be involved in a controversy like this which makes her open and vulnerable for all to take a dig at. I have worked for over 15 years in the film industry and have never been subject to such humiliating behaviour and for that i really want to thank all the men that worked with me. Through all our highs and lows my head was always held high.
Every human being has a limit to how much they can take ; some of us foolishly call it strength and try to look ahead focusing on the positives of work and life. All these years i have never said anything about him in the media but now i have no choice.
I humbly request the media and my supporters to pls focus on the issue and the incident that happened in Wankade and not turn this and me into a TV soap. This is not easy for me and my intention is not to harm anyone but simply to protect myself and to stand up for myself. I don’t want any sympathy from anyone but i will sincerely appreciate it if people do not try to take away my dignity in the process of my fight for respect at my workplace. I think after all these years i deserve it and I’m not asking for too much.
******************************
First Information Report: FIR





********************** Final Analysis********************
If you you are wondering where is the "Molestation" mentioned, don't be surprised , IPC section 354 is now(after the amendment in 2013) Cognisable(police can arrest without warrant) and Non-bailable(you cannot get bail from police station, you have to get it from court). So this section was added for making the case "Strong"(read to get the desired ransom from the Wadia coffers!)

See the relevent excerpts, from this amendment, below.

6. In section 354 of the Penal Code, for the words "shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine, or with both", the
words "shall be punished with imprisonment of either description for a term which shall not
be less than one year but which may extend to five years, and shall also be liable to fine" shall

be substituted.


7. After section 354 of the Penal Code, the following sections shall be inserted, namely:—
Sexual harassment and punishment for sexual harassment.
'354 A.
1. A man committing any of the following acts—
i. physical contact and advances involving unwelcome and explicit sexual overtures; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
2. Any man who commits the offence specified in clause (I) or clause (ii) or clause (iii) of sub-section (I) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (I) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both
Assault or use of criminal force to woman with intent to disrobe.
354B. Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Voyeurism.
354C. Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation I.— For the purpose of this section, "private act" includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.— Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Stalking.
354D.
1. Any man who—
i. follows a woman and contacts, or attempts. to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
ii. monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
i. it was pursued for the purpose of preventing or detecting crime and the man accused of stalking bad been entrusted with the responsibility of prevention and detection of crime by the State; or
ii. it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
iii. in the particular circumstances such conduct was reasonable and justified.
2. Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.'

CCTV footage from Wankade stadium on the alleged day, 30th March, 2014, please note that Ness was 6 rows away from PZ, as this report says, while another report gives another angle to this incidence, but until now there is no description of Molestation or outraging the modesty of a woman as prescribe by IPC section 354, as alleged on Mr.Ness Wadia!.

Excerpt from the later new report: Speaking on condition of anonymity, a source close to Wadia said the industrialist had booked 14 odd seats in Garware Pavilion and got angry when he saw his mother Maureen Wadia standing as all seats had been occupied by Zinta and her guests.


Wadia then got engaged in an argument with the actress over lack of courtesy being shown to his elderly mother "which has now been twisted and turned into a molestation case".
Zinta's complaint, however, has no mention of this.
The actress said Wadia abused her on the ground and said things which were "demeaning for my reputation and character" and, as it happened in front of so many people, "it has really disturbed me and caused immense damage to my reputation and character".
"Mr Ness Wadia's aforesaid behaviour on numerous occasions has embarrassed me and made me feel ashamed, especially in public," she said.
The full news report from rediff, quoted below for ready reference:

Preity Zinta molestation: Police examine CCTV footage


Mumbai police on Saturday launched a probe into alleged molestation of Bollywood actress Preity Zinta by her former boyfriend Ness Wadia and would soon record the statements of IPL CEO and others even as the industrialist rejected the charge as "false and baseless".
Sources at Marine Drive police station said the probe team headed by an Inspector has begun examining the CCTV footage of the incident.
The 39-year-old actress had filed a police complaint on Thursday night alleging that she was molested by Wadia, 44, inside Wankhede stadium on May 30 when an IPL match was played between Kings XI Punjab and Chennai Super Kings.
Zinta and Wadia had broken off their five-year-long relationship a couple of years back but continued to share business interest.
"We are verifying the CCTV footage to identify people present to record their statement," an officer involved in the investigation said.
Several players of IPL team Kings XI Punjab, of which Zinta is a co-owner with Wadia, its support staff, and officials of Wankhede Stadium were reported to have been present when the alleged incident took place.
Zinta, in her complaint, has referred to another unsavoury incident during the IPL team auctions in Bangalore where IPL CEO Sunder Raman was present and had intervened. His statement would be recorded in that context, sources said.
"We will be recording the statement of IPL CEO as Zinta has said that after she refused to sit with Wadia, he had screamed at her and the IPL CEO had intervened," the officer said.
Based on Zinta's written complaint, Marine Drive police have registered an FIR against Wadia under IPC sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 504 (Intentional insult with intent to provoke breach of peace), 506 (criminal intimidation) and 509 (Word, gesture or act intended to insult the modesty of a woman).
Narrating what transpired on May 30, Zinta said Wadia began "shouting and yelling" at team's support staff and, when she tried to calm him down, as her team was playing well, "for no reason he started abusing and screaming at me, grabbed my arm and tried to pull me by hand".
"I am shocked at the complaint and the allegations made against me are totally false and baseless," Wadia said in a statement.
Speaking on condition of anonymity, a source close to Wadia said the industrialist had booked 14 odd seats in Garware Pavilion and got angry when he saw his mother Maureen Wadia standing as all seats had been occupied by Zinta and her guests.
Wadia then got engaged in an argument with the actress over lack of courtesy being shown to his elderly mother "which has now been twisted and turned into a molestation case".
Zinta's complaint, however, has no mention of this.
The actress said Wadia abused her on the ground and said things which were "demeaning for my reputation and character" and, as it happened in front of so many people, "it has really disturbed me and caused immense damage to my reputation and character".
"Mr Ness Wadia's aforesaid behaviour on numerous occasions has embarrassed me and made me feel ashamed, especially in public," she said.
Zinta went on to say, "he has gone to the extent of threatening me with dire consequences and intimidated me by boasting of his political clout and connection.
"During the match on 30th May at Wankhede Stadium, in the evening, Mr Wadia intimidated me by saying that he could make me disappear as I was a nobody and only an actress and he is a powerful person," she said, adding the incident had left her "shattered".
The actress also said she had lodged a verbal complaint with BCCI officials.
In a Facebook post, Zinta said she had to take the "stern step" as the incident took place in front of "way too many people" and hoped the police will do their job "fairly and quickly".
Calling it a "fight for respect at my workplace", the actress said she had truth by her side but was saddened that "no one at work or around ever stood up for me in the past when I was abused and insulted publicly."
"This time I was left with no option but to take this stern step as this incident happened in front of way too many people," she said and requested that it should not be diluted by "every other fabricated story about my character" and made into a TV soap.
Questioning the "delay" in taking action in the case, Maharashtra State Women's Rights Commission gave the city police a 24-hour ultimatum to arrest Wadia.
Chitra Wagh, a member of the state's Women's Rights Commission, who visited Marine Drive police station to inquire about the progress of investigation, said, "We have served a 24-hour ultimatum to Mumbai police to arrest Ness Wadia."
National Commission for Women has decided to take suo motu cognisance of the allegations and will conduct a detailed investigation into the case.
"We will take cognisance of Preity Zinta's case and conduct a detailed investigation into the matter on our own," NCW chairperson Mamta Sharma said.
"I have got to know through media reports that Preity used to live together with Ness Wadia till 2009. But it doesn't matter. If Wadia did something wrong as what Zinta is alleging, then we will proceed as per findings of our investigation," Sharma said.
Expressing her disapproval, senior Congress leader Shobha Ahuja said that it was not important with whom violence is committed, instead it is important who is committing it.
"There is need to change the mindset of men. We have to give rights to women similar to men. If this mindset is not changed, such incidents will happen even to celebrities and other women working in high posts," Shobha said.
************** Another report on the CCTV footage **************



Deccan chronicle report mentioning the angle of "Zinta's Jealousy towards Ness Wadia's new girlfriend!". Excerpt: In a shocking twist, Wadia’s friends have now alleged that the bad blood between two former lovers was because of his having found love with another woman and moving on.

Monday, March 17, 2014

Justice S.N.Dhingra's Speech: Save Indian Family's 10th foundation day

Watch Justice(Retired) S.N.Dhingra's well thought of and powerful speech on the occassion of the 10th foundation day of Save Indian Family movement at Delhi on 9th March, 2014

Hounarable Justice Dhingra started his speech in these lines " Sirf wohi aadmi pareshaan nahi hain jinki shadi nahi chali... aur bhi bahut aadmi pareshaan hain jo shadishuda hain ... isse kahi guna zayda vo log hain jo shadi chala rahe hain aur pareshaan hain."

Which roughly translate to "Don't feel alone and think that only those husbands are suffering whose marriage ends, those husbands are also suffering whose marriage is live.. in fact there much more people leading a much more miserable life, who are in a marriage and trying to keep the marriage alive"

He also spoke about what a Judge can do to stop misuse of law...... What we as citizens need to, and can do .... like if we as citizens were really interested in stopping dowry and the troubles due to it, we should have followed the law as prescribed in the Dowry Prohibition Act of 1961, which clearly says that all gifts exchanged between the groom's side and bride's side should be written down and should have signatures of both sides and should be registered with government.  Instead of enforcing this we and the vested interests are actually letting the system of dowry alive and getting ourselves into trouble.

The trouble(misuse of women-protection laws) we see on the surface is only like an Ice berg, may be less than 5% of troubled marriages precipitate and end up in misuse of laws, the rest 95% of troubled marriages just smoulder below the radar!. And there are a lot troubled marriages in our times, than we normally would imagine, may be more than 50% of marriages are troubled and traumatic in varying degrees and living in such relationships result in multiple negativity in terms of children's development and criminality in spouses themselves and in the children of these dysfunctional/violent families.


Like Justice Dhingra if more and more of our sitting judges show some understanding of this grave problem looming over us as a nation in general and act to sort it out in whichever ways they can manage, boosted by the courage of this conviction that this is a nation wide emergency(and not some silly hubby-wife tussle which deserved a blind eye)... we can hope to see some change from the judiciaries side too. Only if every segment/stake holder of this society pushes for a better tomorrow can we hope to bring about change in good time, else it's going to be very tough for everyone, faster than most of the indifferent/passively good silent people are hoping for!. We do not have to imagine a lot of things or do guesstimates, we just have to look towards the west which had gone this way of mindless 'development', and assess where they are as societies with respect to human welfare.


A must watch for every judge and every citizen across all strata of our society. Justice Dhingra has called a spade a spade in this... don't miss it!. 


(Long and full version)

See a shorter and clearer version here: 

Speech by Mr.Suhaib Ilyasi, director of the film "498a - The wedding gift"

Monday, May 27, 2013

Law Commission report on IPC 498a

REPORT: LAW COMMISSION OF INDIA
Subject: Section 498A IPC
Report No.243, AUGUST 2012

http://lawcommissionofindia.nic.in/reports/report243.pdf

Read and ensure that favourable directions of this report is implemented, use RTI, make us of online and offline methods public awareness campaigns like Pamphlets, Articles, Press conference/ Press releases, information dissemination on Facebook, Twitter, Google Plus and other social networking sites, email, websites, comments on blogs and websites, etc.,.

Wednesday, August 18, 2010

Is Anti Dowry Law(s) Anti-Male - IBN7 program (Agenda, एजेंडा: क्या दहेज विरोधी कानून पुरुष विरोधी हैं)





एजेंडा: क्या दहेज विरोधी कानून पुरुष विरोधी - Is Anti Dowry Law(s) Anti-Maleहैं




Ranjana's routine verbal diarrhea put back to where it belongs!, a note for future commandos to cherish and internalise:













Swarup Vs Ranjana KuRami: http://khabar.ibnlive.in.com/videos/37960


In this video the TOPIC/issue is whether anti-dowry laws are anti-men.
See how Centre for Social Research(CSR) head, Ms Ranjana Kumari diverts the topic to skirt from the logical conclusion that anti-dowry and other tools of legal terrorism and cause of misery for both Husbands and his kin(the whole husbands family get arrested without any kind of investigation or evidence/wirness, just on the false accusations of an unscrupulous wife; whole family, including at least 2 women(mother and sister), minors and senior citizens of the husbands family). 
Analysis of Ranjana's diverting tactics to discredit the issue that anti-dowry laws and such tools of legal terrorism are really anti-men and anti-kin of husbands(including 2 women on an average)


Ranjana herself claims that she is in the field of marital/women issues for the last 25 years or so, so theres no question that she is confusing IPC 498a(cruelty and harassment law) with IPC 304b(dowry death law). 
She consistantly diverts the issue(any issue) to dowry death since those statistics are shocking to the public and stands a chance to get instant sympathy of the viewers and stakeholders and thereafter any support for the issue at hand can be easily curbed with pressure tactics and road side quarell type of arguments!(Other issues: be it 498, or men's suicide due to family/legal terrorism issues, be it multiple maintenance, be it arrests of husband and kin without even evidence or witness, etc.) 
Ranjana Kumari is not a Kumari of confusion or lack of knowledge she is a kumari of deception of public, a kumari of vices, a kumari of neo-imperialists, a kumari of misandry, a kumari of hate!. And she is not the only kumariof this kind, we are infested with such kumaris, and our job is to expose them and vanquish them out of all societies including India, if they are not humanly salvageable. 
PS: Its another issue that statistics of IPC 304b(dowry death) is a hugely cooked up one, since any girl who unaturally dies after marriage is treated as a dowry death, by force due to pressure from these radical feminists, by the corrupt money-mongering police(for extorting money from husband and family) and some of them are initiated by the kin of the girls who want to wreck vengeance on the husband and kin due to long standing grudges and animosity(and since the girl is not alive to defend her husband, it becomes easy for these vested interests to convert all dead women into one dowry death statistic each!)

Friday, July 11, 2008

False Allegations of Dowry- An expose

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
______________________________________
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...
*********************
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)

**********Quote***********

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!

**********Un-Quote***********

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.
__._,_.___
Messages in this topic (1) Reply (via web post) Start a new topic
Messages Files Photos Links Database Polls Calendar
***SIF*******IMPT. NOTICE ********SIF******
To reduce the number of emails you get from the group, you can change over to digest mode of email delivery(Which compiles 25 emails into one email, there by reducing the emails per day from this group), to do this follow these instructions:

Go to: Edit Membership on the main page of group or click
http://groups.yahoo.com/group/saveindianfamily/join
Then change the Message Delivery option to "Daily Digest"

or send an email to saveindianfamily-digest@yahoogroups.com

******SIF***********SaveIndianFamily**********SIF**********
Delhi: 9810611534, 9911119113
Mumbai: 9224335577, 9869323538
Bangalore: 9845143724, 9342853272
Kolkata: 9830151555, 9830927619
Chennai: 9884607376, 9941012958
Hyderabad: 09848280354, 9989146466
More helplines(updated) at: http://mynation.net/contact-us