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JUDICIAL TERRORISM

Page no : 2

Rajesh Kumar (Advocate)     25 February 2009

Thanks Aatma for authentic information.From the information provided by you, i just wanted to know a few things.


Very correctly, when the investigation revealed harassment of dowry, criminal case was registered against man.


However, when investigation revealed that anushka & poornima has filed a false compalaint against their husband, whether any case was registered against them for giving false information to public officer, cresting false evidence to be used in judicial proceeding, malacious prosecution. If the police has not started any such proceeding those women, it also reveal bias in law against men. Such investigation cannot be fair which registers a criminal compalint against one gender, and refuse to register a case against the other gender even when its own investigation reveals offence.


Shame on such investigation. 

Rajesh Kumar (Advocate)     26 February 2009

Regarding your argument of presumption against wrecking of marrige- in the present case itself, the court is threatening the bail petitioner to go and live with the wife. The court is giving restitution of conjugal rights to women without hearing the man whether he has any reason to stay separately. Although a divorce petition is pending, the court is asking the husband to live with wife under threat of provisional bail.


That is why i said presumption against men for wrecking of marriage.


Regarding the other points, i fully agree with you. However, i feel criminal justice system has got a sanctity, which should be respected. You logic says there are reasons (albeit you feel valid) for digressing from sanctiry.


Well- I can only say the your logics, and views of people like you is another reason for men to refuse marriage. Thanks for making more men beware of marriage.

aatma   26 February 2009

Which one is false in the following?  Which one would you say false statement? 


A) Indian President


B) Chief Justice India


C) US Government Warning


D) Canadian Government Warning


 A)  The President of India


President Pratibha Patil warns against gender law misuse


C) US Government Warning

D) Canadian Government Warning

 




 




Growing numbers of Canadian citizens have been caught up in marital fraud and dowry abuse in India. Most of the cases involve misuse of India’s Dowry Prohibition Act. This law, which was enacted to protect women and makes demanding a dowry a crime, is sometimes used to blackmail men through false allegations of dowry extortion. Individuals facing charges may be forced to remain in India until their cases have been settled or pay off their spouses in exchange for the dismissal of charges. To avoid such problems, you are advised to register your marriage in India along with a joint declaration of gifts exchanged, as well as consider a prenuptial agreement.





 

"since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons........  ............  .........  Corruption in India, especially at local levels, is a concern, as evidenced by Transparency International’s Corruption Perception Index of 3.5, ranking India in 72nd place of the world’s countries."

   



B) The Chief Justice of India


Chief Justice of India Balakrishnan admits to misuse of dowry laws


https://timesofindia.indiatimes.com/CJI_Balakrishnan_admits_to_misuse_of_dowry_laws/articleshow/4057825.cms


 1 Feb 2009  


 


NEW DELHI: Dealing a blow to women's rights activists who have been stringently defending the Section 498A provision of the Indian Penal Code, Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section -- that deals with matrimonial cruelty -- was being `grossly misused'.

Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. "In some cases, 498A is grossly misused,'' he said. Balakrishnan was speaking at a seminar, `Marriage laws -- issues and challenges', organised by the National Commission for Women.

The IPC section allows for immediate arrest of the husband and in-laws by the police on the basis of a woman's complaint and has been controversial.........


Faced with adverse comments from the CJI, National Commission for Women (NCW) chairperson Girija Vyas said that it was lack of awareness that led to false cases under 498A. "I would not like to use the term misuse. There is lack of awareness amongst people that is exploited by lawyers and police. We feel there is no need to review the law,'' Vyas said.




 

New Delhi, Dec. 27: President Pratibha Patil has cautioned against the misuse of pro-women laws such as IPC Section 498A that deals with dowry harassment and sought better implementation of others to create a gender-just society.



Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that owry  false dowry complaints were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression,” she said.

Rajesh Kumar (Advocate)     26 February 2009

Thanks Aatma for authentic information. The factum of abuse of gender biased laws is well known fact. It is just that politically enlighented persons, to order to get cheap popularity for becoming champions of women empowerment refuse to accept this fact. Such non refusal of these facts are going to be biggest impediments of women empowerment. You cannot empower a class who will be seen in the society as cunning, law abuser and liar in court. Empowerment comes from respect. Due to such abuse of these laws, even the genuine complaints under these laws are seen with suspicion. In fact due to such abuse of these laws, the whole womenhood, who was worshiped earlier, is seen with suspicion.


Abuse of gender specific laws in work place is reducing the women chances of employment. I know many persons, who does not want to employ a women in their organisation/department under fear of abuse of these laws.


These are not the way to empower women- these are sinister ways to use women as a class for political gains.


Women should beware of such psudo champions of women rights. They may be of any gender. They may be holding any post, including the post of cabinet minister.


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