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Showing posts with label death. Show all posts
Showing posts with label death. Show all posts

Friday, December 26, 2014

Maintenance is denied to wronged wives... List of 120 Judgements

Original Post  : http://everysuffererisasaviour.blogspot.in/2014/02/list-of-more-than-100-judgements-where.html

List of 120 Judgements where Maintenance is denied to wronged wives..

Dear all victims as we all know that giving your hard earn money to your cruel,greedy & capable to earn wives is something like giving a forced charity  to an untrusted organization so called as your dead marriage.

 

So,here Iam pasting all the related major judgements which I got through official website of Advocate Seema Dhavale--- I salute you mam for your work & your website. It is of immense help & support to all victims where maintenance been denied to these cruel and greedy wives to give innocent husbands a sought of relief indeed..................


RELIEF GIVEN TO VICTIMS WHERE MAINTENANCE WAS DENIED TO THEIR CRUEL & GREEDY WIVES

Saturday, March 15, 2014

Open letter- AAP's views & strategies?: Men's(& Families') right violation

Messers,

I hope you are all aware, albeit in various degrees, of the misuse of laws intended for women-protection, which has actually shriveled entire societies in the west, and which could very well be traced back to a considerable loss of productivity in India and a threat to India's development as a nation itself.

Iam referring to the widespread misuse of laws like Rape(IPC 375) , Dowry laws(Dowry prohibition act of 1961), Dowry Death(IPC 304B), Abetment of Suicide(IPC 306), Cruelty against wife(IPC 498a), Domestic Violence Act, 2005, Sexual Harassment of Women at Work Place act, 2013, the various Maintenance acts(Sec 125 of Cr.PC, sections of Hindu Marriage acts & Hindi adoption and maintenance act, etc), Child access and custody laws. 

All these, and more, laws are being misused against Men and his family members, including women of his house and other female relatives who may be staying apart(married sisters, their families), and lakhs are getting arrested and entangled in the legal web for extended periods of time.

For details you may visit these blog posts, just to ensure that any of you are not under the wrong influence of "myths"

Common Myths and arguments, when it comes to misuse of women-protection laws:

"Such instances of misuse of women-protection laws form a minuscule percentage and hence can be safely ignored. Anyway 99% of marriages are 'Good'! " , 

"Women do not risk breaking their own marriages by filing false cases" ,

"Fathers are unable to take care of children and they don't even want to take the responsibility of bringing them up" , 

"Every law is misused so there is nothing great about these laws getting misused", 

"These are small skirmishes in families/offices/society, which is unavoidable and anyway doesn't affect anything in the bigger scheme of things or the Nation in general!"

"Myth buster links"

"How the Indian government imported Weapons of Male(& family) destruction(WMD) from the United States " - http://menseekjustice.blogspot.com/2010/02/great-india-domestic-violence-tamasha.html


http://pragati.nationalinterest.in/2013/01/misuse-of-women-centric-laws (Misuse of women-centric laws, affecting senior citizens, infants & minor children, women themselves and men).



*****************************

Do let me and the groups I represent know your views and strategies to address these issues, which are of grave importance to the basic units of any nation(families) and hence India as nation in general.


 Awaiting your swift response to take up necessary actions, especially in view of the upcoming elections.

***************My follow-up mail on 16th March***************

Dear members and officials of AAP please do reply to my Open letter sent/published yesterday. Please read on for some govt. statistics in this regard.






What will Bindu Krishna(Congress party candidate from Attingal, Kerala) & Sarah Josesh(Aam Aadmi Party Kerala ആം ആദ്മി പാര്ട്ടി കേരളംcandidate from Thrissur, Kerala), who claim to work for the welfare of women, do for these women and their families?. 

Aam Aadmi Party Thrissur ആം ആദ്മി പാര്ടി തൃശ്ശൂര് Aam Aadmi PartyAam Aadmi Party - Kochi please do reply to my Open letter sent/published yesterday, quoted above: http://at498a.blogspot.in/2014/03/aaps-views-strategies-mens-families.html


***************My follow-up mail on 18th March***************

Subject: Attn.Mr.Karassery: Ref: Your statement in today's Mathrubhumi & AAP's views & strategies?: Men's(& Families') right violation

Dear Mr.M.N.Karassery and all concerned at AAP,

Glad to note Mr.M.N.Karassery's statement that justice should be served irrespective of gender, religion and social status(today's, 18th March Mathrubhumi). We hope that you spread this message and also implement this in your work with AAP.

Please read my open letter to AAP: http://at498a.blogspot.in/2014/03/aaps-views-strategies-mens-families.html. I have not got any reply from anyone in AAP regarding this, which puts a dark shadow over their intentions in this regard. I would anyway be grateful if you(or anyone concerned and responsible enough to reply to a genuine corncern by a citizen) could reply as to what AAP's view and strategies are to curb the misuse of laws intended for protection, which was termed by Supreme Court of India as "Legal Terrorism". 

***************My follow-up mail on 20th March***************

Messers,

I haven't still received even an acknowledgement for my various email, I hope you are not evading these uncomfortable questions, if you are then you are no better than the current crop of Politicial Parties who do not care about the issues of people.

Today's example is this: 

Another perishes in face of 'Legal Terrorism


Hope you show the moral responsibility and conviction to answer my original question: AAP's views & strategies? regarding Men's(& Families') right violation


*************************
Warm Regards,

Gokul.P.R, http://gokul.go.to, 9633409355(Kerala)
Twitter: http://twitter.com/gokulpr, FB: https://www.facebook.com/gokulpr
Editor - www.siftimes.com , www.protectindianfamily.org, www.mensrights.in
Member - All India Men's Welfare Association(www.aimwa.in),
National Litigant Bench(www.litigantbench.org)


Counseling helpline for Men in distress - "Man's Voice": http://bit.ly/mansvoice
*************************
I blog at:
http://at498a.blogspot.com
http://bok498a.blogspot.com
http://siftimes.blogspot.com
http://cruiserdeep.blogspot.com
__________________________________________________________________
Cowardice asks...."Is it safe?", Expedience asks "Is it politic?", Vanity asks...."Is it popular?"... There comes a time when one must take a position that is neither safe, politic, nor popular, but one must take it because it is right: Martin Luther King, Jr.


*********
Share and comment on the website for Maha Rally 2013, it's now or  never: www.maharally.in
**********

Wednesday, August 31, 2011

Another man facing legal terrorism takes justice into his hands and then gives up on his own life

Another man facing legal terrorism takes justice into his hands and then gives up on his own life. How many more will have to walk this road before justice prevails.

Pradeep Jain was a victim of legal terrorism(false case of IPC 498a) and was denied access to his child, he broke down and went on a rampage, before he took his own life. This can happen to any man faced with similar situations.... we should act before its late. See the original news in TOI quoted below.







JAIPUR: Pradeep Jain, 32, who shot four members of his in-laws family, including his wife, was on a confrontation with his in-laws since 2006.

After his separation from the family, it was a mutual understanding that the baby would be given to Jain. However, the custody of the child was never given to him.

Addressing a gathering of over 2,000 people after he stepped on to the balcony of his sister's house at Devali town, Jain said: "They have been harassing me since 2006. I was fed up with the way the society including police, women's organizations and relatives responded to my worries and problems."

Pointing a gun on his forehead, he threatened that "if anyone dares to come closer, I will shoot myself." In a high drama that lasted for more than two hours, Jain asked the police to bring media persons to take his viewpoint. "Media se baat karwado nahin to maroonga (Bring media persons for interaction or I will die). Following the threat, reporters of various TV channels gave him the microphone.

'Doston, mein patni, pesha aur zameen se pareshan hum, koi meri nahin sunte (Friends, I am fed up with wife, profession and land and nobody bothers)," he said.
Later, thousands were taken aback when they came to know that he shot himself on the forehead.



**************** Another Victim of Legal Terrorism************


Another depressed father, Syed Makhdoom, had committed suicide on 5th April 09, leaving 4 suicide notes and the video appearing below, which was recorded on his mobile. Here he clearly mentions how he was tortured by his wife & in-laws and that he was not allowed to even see his only son, whom he loved more than his life.


There is also a heart wrenching message to the entire society towards the end. 


It was Syed's suicide which inspired his friend and film maker Mr.Suhaib Ilyasi to make the film "498a - The wedding gift"






When will this end?, when will the system stop cornering men, forcing them to turn desperadoes 

Friday, September 24, 2010

Promotion: New Hindi novel "DMCB".... story of a man accused of murdering his wife

We have a new Hindi novel and author for our cause, "Dhara me chippa bhanwar - Whirlpool hidden in the stream"(DMCB) by Mr.Ashesh Sharma of Jaipur. To see reviews, summary and other details of this novel, please join the facebook fan-page ofDMCB: http://www.facebook.com/pages/Dhara-Me-Chhipa-Bhanwar/116566368399355(we already have about 800 pans for DMCB's facebook page, so join in and promote it in your networks too). 

This novel is about a man accused of murdering his wife, and how he finally gets a deserving audience to tell his side... and how he amazes and finally conquers the minds of even his so-called adversaries, including the entire law enforcing/judicial system which were at cross with him and was gunning for his blood, right from the word go!!!)

If anyone wants to order a copy of DMCB, please write to ashesh.sharma@ymail.com(ashesh.sharma (at) ymail (dot) com) , the author directly


This book is yet to be officially launched but we already have a big pre-publication order backlog, due to the novelty in story line "Man's journey to explain his side, while state-sponsored oppression tries to pin him down for the alleged crime of murdering his wife". 


English translation of this novel is in the pipe-line too, so is the plans of making a full-length feature film.


Please do forward this email to all your concerned contacts, for awareness and success of this novel, which is among the first such literary efforts from a SIF group member. 

It may be of interest to note that social conditioning/public opinion and thence introduction of all those women-protection  laws(which we are fighting against currently) where a result of many such literary works(a literary wave during 1970's and 80's, as explained in Vijay Dwivedi's (http://ramrajenv.org) PIL(2007) draft) which spread a wrong notion that India as a country is a "wife-killing, wife-beating" society and hence strict laws(read draconic) are needed to curb this trend... now we need to reverse this trend, by encouraging more and more writers, more and more films which spread the truth, and right message, like DMCB is trying to do. 

Another novel in this direction is "Kavalu - the deviation", a Novel in Kannada(http://www.facebook.com/pages/KavaluDeviation/125266624186527), please do promote this facebook page too.

**************** Important*****************
We also would like friends to come forward and stock and distribute copies of this Novel, so that they can distribute it locally to all interested readers, do come forward and mail me(gokul@protectindianfamily.org | gokul (at) protectindianfamily.org) or Ashesh(

ashesh.sharma@ymail.com | ashesh.sharma (at) ymail (dot) com) directly, if you are interested in stocking and distributing DMCB in any quantity, any where in India or abroad(terms of payment, etc,., can be discussed as we proceed, our main objective is awareness, not profit(this will be the start of our 'literary wave'))


Please forward this message to all your concerned contacts through email, orkut, facebook, twitter and other social networking sites.
**************** Important*****************

We are also in the initial phase of making DMCB into a film, so we are now promoting DMCB novel's fanpage in facebook very aggressively.

As a part of the promotions we request all associated websites and blogs to carry the banner/badge of DMCB's facebook fanpage.  All social networking sites like facebook walls, orkut profiles, twitter, myspace, blogspot, wordpress, etc.,. could also carry this badge

Iam pasting the code of this "badge" so that all webmasters can include  this in their website appropriately

***********Code for the Badge of DMCB's facebook fanpage************
Dhara Me Chhipa Bhanwar

Promote Your Page Too


***********End of the Code- for the Badge of DMCB's facebook fanpage************

Please  do the needful

Friday, August 01, 2008

Unprovoked Suicides- Dowry-Deaths in the making!(Auto conversion kit- IPC 304B)

http://www.hindu.com/2008/08/01/stories/2008080162121500.htm

http://www.tribuneindia.com/2008/20080731/nation.htm#22

http://at498a.blogspot.com/2008/07/false-allegations-of-dowry-expose.html

http://at498a.blogspot.com/2014/03/another-perishes-in-face-of-legal.html


Hi All responsible media friends and concerned citizens.

See this post about how even dowry death cases(IPC sec 304b) could be false and misused(this post includes examples of the recent Air Hostess suicide which was touted as Dowry Death and later it turned out to be because of lover's tiff with a colleague/Pilot plus more real life and less reported cases): http://at498a.blogspot.com/2008/07/false-allegations-of-dowry-expose.html

If you all remember the alleged Dowry death of Preeti Rai Singhani, who had committed suicide after only 12 days of being with her husband in Sierra Leone(West Africa) : http://timesnow.tv/NewsDtls.aspx?NewsID=10505 , http://timesnow.tv/NewsDtls.aspx?NewsID=10601 , http://timesnow.tv/NewsDtls.aspx?NewsID=10360 & http://timesnow.tv/NewsDtls.aspx?NewsID=10422 .

In our search for truth we have found enough evidences to state that the girl suicided on her own, and Demand of dowry was not its cause(inferring from the local Police(Sierra Leone police had closed this by confirming that it was a clear case if suicide not arising due to demand of dowry) reports and Witness statements).

The girl's(Preeti Raisighani) body is still in the mortuary(in Africa) even after 60 days of her death by suicide, since her relatives still want to investigate the truth(not accepting the local police's investigation report and conclusion of Suicide by self will).

The boy's family has now run out of money after paying heavily for the mortuary(refrigerated) expenses and lawyer/bail fees(the parents of the husband where in custody for around a month and had to approach HC, Mumbai, after their bail applications were rejected in District court and Sessions court), other incidental expenses(phone, courier, local expenses), etc.

The husband is now not in a position(financially in heavy debt, due to this false allegation on him , his brothers family and his senior citizen-parents!) to transport the body at his expense, and this was projected as "the husband demanded 15 lakhs from the deceased girl's parents, for release of the dead body!!!", whereas the husband in his telecon with the girl's parents just mentioned that it takes 15,000 local currency(Sierra Leone) to transport the body to India and that he is not in position to pay that much now that his financial position is negative(on loans now)).

If anyone in the media or otherwise is willing/interested in knowing and publicising the truth in this case please contact us at 'Protect Indian Family', NGO, Mumbai.

One case less of misuse of laws concerning families, the better Indian families will be!.
swarup sarkar wrote:
Dear Mr. Balram and the Editor of Times of India,

SC ruling on suicide by married women : Do you Know?
New Delhi, July 30
If a woman commits suicide within seven years of her marriage, it cannot automatically be inferred that the incident was abetted by her husband and in-laws who had ill-treated her earlier, the Supreme Court has held.
"The mere fact that a woman committed suicide within seven years of her marriage and that she had been subjected to cruelty by her husband or any relative of her husband, does not automatically give rise to the presumption that the suicide has been abetted by her husband or any relative of her husband," a bench of Justices R.V. Raveendran and Mukundakam Sharma said. The apex court passed the observation while acquitting a woman convicted for abetting the suicide of her daughter-in-law.
Under Section 113-A of the Indian Evidence Act, a court may presume, on proof of circumstances, if the victim had committed suicide within seven years of marriages that her husband or any other relative had subjected her to cruelty.
"One of the circumstances which has to be considered by the court is whether the alleged cruelty was of such nature as was likely to drive the woman to commit suicide or cause grave injury or danger to life, limb or health of the woman," the bench said.
In the instant case, the deceased Shanti Bai had committed suicide by setting herself ablaze. The prosecution claimed that Shanti Bai had resorted to the extreme step as she was unable to bear the harassment by her in-laws.
On the basis of the evidence the trial court in Madhya Pradesh convicted the deceased's mother-in-law Munni Bai for abetting the suicide and sentenced her to three years RI, which was affirmed by the High Court, upon which she appealed in the apex court.
The apex court after perusal of various evidence and records noted that there was nothing on record to prove the prosecution's claim that the mother-in-law abetted the suicide of her daughter-in-law. Accordingly, it ordered her acquittal. — PTI

For Further reference :
· NCW's recommendations to address "unnatural deaths" of married women are Unreasonable
In the interest of justice, fairness and equality to both genders, we, the members of Save family Foundation, Delhi, make the following recommendations:
• Section 304(B) should not be retained in the law; IPC Section 302 already covers murder andIPC Section 306 covers abetment of suicide, and therefore Section 304(B) is only a duplicationof law, which is gender-biased.
• All cases of murder, including murder for dowry should be dealt with under IPC Section 302.
• All cases of abetment of suicide, including those allegedly done for dowry, should be dealt withunder IPC Section 306.
• If IPC Section 304(B) is not removed from Indian law, then it should be amended and madeapplicable to men and women equally. Specifically, the word "husband/wife" should bereplaced by the word spouse.
• Section 304(B) treats the accused as guilty until proven innocent, thus, violating the UniversalDeclaration of Human Rights which proclaims that "everyone charged with a penal offence hasthe right to be presumed innocent until proved guilty". The law needs to be amended so that noarrests of any of the accused (man, woman or child) are made without proper investigation and Written approval of police officials of the rank of DCP or above.
• Those who misuse the section for settling personal scores should be heavily penalizedbecause false allegations and prosecution can cause irreparable damage to the accusedParties even if they are later declared not guilty.
Unnatural death "is a category used by coroners and vital statistics specialists for classifying all human deaths not properly describable as death by natural causes. Hence it would include events such as accident, execution, homicide, misadventure (being attacked by insects, reptiles, fishes, lions, tigers, bears, stingrays, or other wild animals), adverse outcome of surgery, suicide, terrorism, war."
Any person, male or female, married or unmarried, may die an unnatural death due to any of the above causes. Among these, homicide (murder) is the only cause which unambiguously qualifies as crime that can be committed by one person on another, and is already covered under IPC Section 302. It is, therefore, obvious that having a section specifically to deal with dowry murder is redundant, and only reflects gender bias. In addition to murder, abetment of suicide is also a crime and punishable under IPC Section 306 which addresses both male and female victims.
Therefore, once again, it is unnecessary to have duplications and special provisions in law like Section 304(B) and Section 498(A) to address suicides of women. Most cases recorded as "dowry death" involve women who died by accident or by committing suicide. Data from the National Crime Records Bureau indicates that there is no difference between the rate of suicide of married women and never married women. However, radical organizations like NCW would have us believe that every death of a married woman is a dowry death, without providing any justification for such presumption.
Recent data from the National Crime Records Bureau indicate that nearly twice as many married men, compared to married women, commit suicide every year, unable to withstand verbal, emotional, economic and physical abuse and legal harassment by their wives. While every death of a young married woman is converted into a case of dowry death leading to immediate arrest of the husband and in-laws, followed by a prompt media trial, large-scale suicides of men do not cause any outrage.
Gender obsessed women's activists also refuse to admit the fact that accidental deaths are also equally likely among men and women. Therefore, it has become routine for police to arrest the husband and his relatives and book them under several sections including, IPC 498A, 304B, and Dowry Prohibition Act, every time a woman's relatives claim that the deceased woman had been killed or driven to death/suicide for dowry.
This is the case even when there are suicide notes or dying declarations absolving everyone including the husband of any responsibility for the woman's suicide or death. There have even been instances where fake dowry death cases were registered and the "deceased" wife was found to be alive after the accused husband and in-laws were refused bail and imprisoned. While husbands and their relatives are under constant suspicion leading to frequent violation of their basic human rights, wives are rarely ever questioned leave alone prosecuted if a husband dies or ends his life under similar circumstances.

On 8/1/08, Virag wrote:
http://timesofindia.indiatimes.com/Cities/Bangalore_techie_killed_for_dowry/articleshow/3312296.cms

Mr. Balram,

With reference to your article in TOI, Bangalore Edition today, Pg 3,
I would like to ask you who has given you the authority to conduct a
media trial and media conviction of the husband's family.

It is just a mere allegation from the girl's father that she was
'allegedly harassed' for dowry. Soumya Chandra, the girl could have
committed suicide due to any reason other than dowry, which will only
be proved / disproved at a later stage.

How can you take the words of the girl's family as Gospel truth and
print it in bold seriously putting the reputation of the husband's
family at stake?

Why are you hell bent on creating a false alarm in the society that
women are not safe?

One married woman commits suicide and you declare the husband's family
as a criminal. 10, 000 unmarried women are committing suicide
annually, you never printed a word about them.

56, 000 married men are committing suicide, you never bothered to
create awareness about the same. Whose life is in more danger in
today's society? There are 6 different, redundant, lopsided, biased
and heavily misused laws to protect women and none for men, why?

Have you ever raised a finger about this?

You yourself are a man. Have you ever thought what will happen if your
wife puts a case on you? You must be feeling great and heroic writing
about women's cause. And this the result that every year 56, 000 men
are committing suicide and it does not make a difference to you.

A journalist and a reputed tabloid like TOI is believed by everyone
and such news by you, overtly hyped, heavily biased, and unnecessarily
sensationalized are creating panic in the society that women are a
liability and people are rushing to abortion clinics to abort the girl
child either as an infant or a foetus. Such news from sexist people
like you are increasing female feoticide in India. You are the one
responsible for such hoaxes.

Why have you not printed the husband's side of the story? Why has the
news made it to print when he is behind bars and not in a position to
give a statement? Why did you not raise the contention that this
matter is subjudice and you cannot print it without taking the views
of both the parties?

You call yourself the champion of women's causes with such article,
are the mothers and sisters of husbands not women? This yellow
journalism by TOI is spreading poison in the society and creating a
gender divide which will ultimately lead to a social catastrophe. My
job is to create awareness and warn you before hand about it. Choice
is yours whether you want to ignore it or heed to it.

Have you ever raised the question that 56, 000 husband killer wives
are roaming freely in the society?

Some websites for your education,

www.saveindianfamily.org
www.mynation.net
www.savefamily.org
www.pifngo.info
www.siftimes.com

--
Thanks & Regards
Virag
Reality is merely an illusion, albeit a very persistent one.
http://www.siftimes.com
http://www.savefamily.org
http://mynation.net
http://legalfighter.blogspot.com/
http://crusader-magicofmind.blogspot.com/
http://crusader-indianjustice.blogspot.com/
http://feministindia.blogspot.com/
http://legalfighter.wordpress.com
http://www.merinews.com/allArticles.do;jsessionid=BD553EEC98EAF167806C6437009FFBE6?choice=ByUser&pageNo=1&userId=crusader

To Save Indian Society
Tomorrow
Save Your Family
TODAY.


To know About Indian Laws
Browse
http://mynation.net
For News :
http://mynation.blogvis.com
For Victim Stories :
http://498a.blogvis.com
List Legal Terrorists:
http://498agirls.blogvis.com

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.
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