Legal terrorism.. Let's not mince words here!!!

This article is a very crafty one which, in the pretext of acknowledging the misuse of women-protection laws including IPC section 498a, goes on to protect wrong arguments like misuse is very rare and that dowry deaths are very common place. Nothing can be far from reality, since there's only misuse prevailing in section 498a, with only 2% conviction based on National Crime Records Bureau(government) statistics, considering the total number of FIRs registered compared to the final number of convictions in the case of IPC section 498A.

In case of dowry deaths, it's found out that majority of the cases are of "revenge" by the deceased girls family upon innocent Husband's family.

The example of bride's sending back grooms who demand dowry(as referred to in this article) itself has a prime case of misuse, when it was proven in the trial court, in the case of the famous "Nisha Sharma" case that she was having an affair before marriage, and to wriggle out of the marriage which was fixed against her will by her own family, she cooked up a false incidence of Dowry demand by the groom's side and sent back the groom's barat(groom's family & entourage).

In short there's ONLY MISUSE, NO USE in case of all these women -protection laws, so much so that none can drive any benefit of justice in these cases.

This is so since the law is not just, but biased, and since the execution of such draconian laws are not according to the tenets of law and natural justice.

It suffices to quote the Supreme Court verdict in case of "Susheel Sharma vs Union of India", 2006.. That misuse of IPC section 498a is "Legal Terrorism"!!!.

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"

A (imperialistically)beautiful mind: Conquer, plunder, set fire and then lament about the sorry state of affairs!

Gist: After killing 100 rats, the cat goes for Haj!!! or "Sau chooha maarke billi haj ko chali!!! (paraphrasing a hindi saying)

Hi All,

 These are the same guys(Britishers) who cunningly found a way to demolish the bedrock of Indian supremacy... right back in 1835, Lord Macaulay remarked after travelling extensively across India that to subjugate India completely, britishers need to find ways to demolish our very backbone.... our spiritual and cultural heritage, so that they can replace our superior educational system, culture, values and family system, with English educational system and everything else english!.

And here Sir Winston Churchill is lamenting that India will turn into shambles if they leave India to its own.... after ruthlessly and consciously masterminding a planned and comprehensive anarchy and corruption in this country before hand(Lord Macaulay's above remark was made to the English parliament in 1835, see this link for the original scanned image reporting this(towards the bottom of this link) : http://at498a.blogspot.in/2010/02/economic-terrorism-and-its-family.html)

This is not an attempt to justify our present state of existence, this is just to put things in a better perspective... britishers were imperialistic power-mongers who lived and thrived by plundering nations after subjugating them, who employed all kind of sleight and deceit like the very successful "divide and rule" strategy to further their objectives. In the process they always left/quit the countries they used to rule upon... broken and in shambles, and preferably after creating a permanent source of disruption ... like how they masterminded the Indo-Pak division!, with a clear objective that both these countries they quit should never be able to  prosper as they can run wedges between them for a long long time even after they quit(those who have studied the clever 'wedges' they have driven into our internal structure would realise this very easily).

All Imperialists are just a bit more sophisticated than the barbarian armies of the past, who conquered, plundered and then set fire to lands they conquered, and made sure that they drove a final heart-wrenching 'wedge' into the very psyches of the conquered people, like raping the women of the conquered land, so that the men of the land feel so miserable that even after many many generations they as a society have this trauma fresh in their minds!!!. 

We are talking about the same barbarians, now in shiny coats and boots... so take all what they dish out... with a pinch of salt!... if at all u r unable to reject it outright, for what they are really worth. 

NB: Don't forget to read http://at498a.blogspot.in/2010/02/economic-terrorism-and-its-family.html to get a perspective of what is the main cause of India's maladies. Then it was the british, now its the USA... very long back it was the Barbarians.... just change of clothes, character is the same!... watch out for these parasites, for good.

regards

Gokul

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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
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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.


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From: Sajith
Sent: Thursday, May 16, 2013 10:22 AM
Subject: Winston Churchill's argument against Independence for India

Churchill predicted about India 66 years ago.. and now the kind of corrupt politicians from the Central to State to the village/city councilmen, and the Govt officers in every level through out the country,  Churchill's prediction came 100% Right.    http://wiki.answers.com/Q/What_did_Winston_Churchill_think_about_India%27s_freedom#page3 Winston Churchill in Parliament for India Independence. When Mr. Clement Attlee, Prime Minister of United Kingdom, in June 1947, introduced the Indian Independence Act in the British Parliament, Sir Winston Churchill, argued against:- "Power will go to the hands of rascals, rogues, freebooters; all Indian leaders will be of low caliber & men of straw. They will have sweet tongues & silly hearts. They will fight amongst themselves for power & India will be lost in political squabbles. A day would come when even air & water... would be taxed in India.  "

S Shinde's conversation with V Moily

Courtesy: Original article at "Men Seek Justice"Blog

S Shinde's conversation with V Moily

S Shinde :- Hello Veeru uncle , how are you !!

V Moily :- I am fine dear , how is your papa doing ? The power industry is doing
well, I say. They have put me the laaaaw ministry , what to do ? No Deal ...no
money .. nothing to make in this ministry .

S Shinde :- Oh I see.. Papa is good last week only he did Rs 10,000 crore power deal just last week.

S Shinde :- What happened to the that quick divorce law Veru uncle . I am still
waiting you see. Doctor said , I have like a few more years before I reach my
designated time. Please do it faast Veru uncle ..Please !!

V Moily :- Don't worry beti , I have created the law , but you see in India
there are something even i cannot change . It has to go through a process , it
is with the parliamentary committee now . This laaaw is just tailored for you ,
I have studied your case and created the laaaw just for you, so that only you in
the country will get the divorce even if others do not get it.

S Shinde :- Oh that's great Moily uncle , so by when do you think I can get my
divorce.

V Moily :- I will try my level besht to enshoore that you get diiivorce by end
of December . Because Jan in good lagna for the stars and you can get marraied
by January.

S Shinde:- But people might oppose to the law uncle .Then what will you do ? You
might have to take their suggestions .

V Moily :- When have I taken from the people ? I always give . I Give praamise
after praamise . See finally I got Rs 5000 core allocated for the reforms . Now
I can fin ally get some money for my retirement from here . Otherwise you see it
is very difficult to make any money in the laaaw ministry , I say . Let the
people say whatever thy waant we will do what what we waant to do .After all
Government's work is God's work , and has god ever listed to people . God does
whatever he likes to do .People can pray , but it is up to god to listen.

S Shinde :- Ok Veeru uncle , I need to leave now . I need to shop for Saaries
and Jewels for my marraige .

V Moily :- VOOOK Beti , We will taaalk later , give my best to daddy.

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PS: And hence the sham called "Irretrievable Break Down of Marriage" a proposed/pushed/manufactured new, 'sham' ground for divorce, tailor-made for Ms.S Shinde was unleashed on the unsuspectingly rejoicing Indian public!!!. Their majority voice sounded like "Finally no delay in cases fit for Mutual consented divorce".... but the unheard private mind-voices of V Moily and Ms.S Shinde sounded something like "Yeah Right!!! .... you ignoramuses don't know how to 'Bend it like Shinde' "

Bending it like Shinde!

A Fraud Called
"Divorce on the grounds of Irretrievable Breakdown of Marriage"

People who have seen the news coverage on Cabinet approval of adding 'irretrievable breakdown of marriage' as a ground for divorce in Hindu Marriage Act, 1955 and Special Marriage Act, 1954 are a confused lot. What does it mean? When can a person file a petition for divorce on this ground? How can relief be sought? These are some of the questions I have been searching the answers for.

Legally speaking, “irretrievable breakdown of marriage” is defined as: “The situation that exists when either or both spouses are no longer able or willing to live with each other, thereby destroying their husband and wife relationship with no hope of resumption of spousal duties.”

In this direction, the Law Commission, in its Seventy First Report which was submitted in April, 1978, strongly recommended to introduce irretrievable breakdown of marriage as a ground for divorce. This was in addition to the already available grounds of divorce - ground of fault and mutual consent. The wisdom behind such an amendment, as contemplated was, when a party to the marriage is not at fault, falling in the subsection, nor staying together and further frustrating the other party's efforts to come to a mutual agreeable terms to end the marriage, a divorce on this ground can be sought. The said report recommended detailed guidelines by way of introduction of sections 13 (C), 13 (D), 13 (E) in the Hindu Marriage Act, 1955 and necessary amendments in section 21 (A) and 23 as well. The idea behind the same was that once a divorce is sought on the grounds of irretrievable breakdown of marriage, other conditions like fault of one party be regarded as irrelevant. 

In 1981, a Bill was introduced to give effect to irretrievable breakdown of marriage as a ground for divorce, but the legislature in its wisdom did not accept the same, as it was apprehended that unscrupulous people, mainly husbands would desert their wives and take advantage of this provision. A point to be noted here is that section 13 (D) and 13 (E) as contemplated by Law Commission made it clear that a wife can oppose such a petition on the ground that it would result in financial hardship for her, and it made it binding on the court to see that adequate arrangement for welfare of children and wife be made while a decree of divorce be granted on this ground. Despite the same the legislature did not find fit to accept the report and the same was rejected.

The social fabric of India has undergone a lot of changes during the last Thirty Two years. And from time to time the courts have refused to grant divorce on this ground in the cases of Asha v. Krishna Lal (1990 Del.1), Smita Dilip Rane v. Dilip Dattaram Rane (AIR1990 Bom.84), Suresh Prasad Sharma v. Rambai Sharma [1 (1999) DMC311(MP)]. On the contrary, the apex court has dissolved the marriage on this ground in V. Bhagat v. D v. Bhagat (AIR1994 SC710),  Chandralekha Trivedi v. S.P. Trivedi [(1993) 4 SCC 232], Naveen Kohli v. Neelu Kohli [2006(3) SCALE 252]. The case of Naveen Kohli Vs Neelu Kohli is of great importance because by way of this Judgement, the Hon'ble Supreme Court had recommended an amendment in the Hindu Marriage Act, 1955 stating that there can be a great number of cases, where the marriage is virtually dead but parties can not seek divorce on the ground of irretrievable breakdown of marriage as such a ground does not exist in Hindu Marriage Act.

As in the case of recommendation of Law Commission of 1978, this suggestion also fell on deaf ears and despite Law Commission again recommending the same in it's 217th report in March 2009, no progress took place until recently.

It all changed on Dec. 16, 2009, when Smriti Shinde, the daughter of indomitable Union Power Minister Sushil Kumat Shinde, challanged the existing grounds of divorce in Hindu Marriage Act, 1955 by way of Writ Petition. Brief facts leading to this writ are that she had filed a case along with her husband for dissolving their marriage by way of mutual consent in May 2007 and was granted divorce even when the husband never turned up before the trial court. The Bombay High Court set the same decree aside holding that non-appearance of the husband showed that his consent did not continue. The Supreme Court also held the same view and dismissed her appeal. A news report published in newspapers on the next day stated that another powerful political face Supriya Sule was also present at the time of filing this petition, which can be construed as the support of Agriculture Minister Sharad Pawar in the same.

Cut to present, barely a year after the Government of India deciding against the recommendation of 217th report of Law Commission, the cabinet has given nod to the changes in provisions in Hindu Marriage Act, 1955. The way in which the same would be implemented is still not sure, but what Information and Broadcasting Minister Ambika Soni stated to the media about this law raises some questions, the verbatim quote as printed in media states, “This would provide safeguards to parties who file petitions for grant of divorce by mutual consent but who wilfully avoid coming to court thus causing harassment to the other party."

I am a layman, but I have gone through the Seventy First Report as well as Two Hundred and Seventeenth Report of Law Commission. Both reports don't find mention of such pre-condition as parties filing petition for grant of divorce by mutual consent but who wilfully avoid coming to court.

The statement coupled with other facts makes me question the very genuineness of such an amendment.

1. What was the hurry to implement the recommendation of making "Irretrievable Breakdown of Marriage" as ground of divorce, when the same government had not heeded to the same in recent past.

2. Is the government trying to play foul by playing with the recommendations of Law Commission and adding irrelevant conditions to it because such a condition fits in Smriti Shinde’s case?

3. If such irrelevant conditions are added, it would only benefit unscrupulous, powerful and mighty, who can obtain first consent by way of fraud or coercion. One should not forget that the legislature in its wisdom while adding section 13(B) in Hindu Marriage Act, 1955, made a provision that consent can be withdrawn after filing first motion. And for the same a statutory cool-off period of six months was given. If, such a pre-condition is added to irretrievable breakdown of marriage ground, it would defeat the section 13(B) of Hindu Marriage Act, 1955.

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Contributed by Shonee Kapoor