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Rajesh Kumar (Advocate)     30 August 2008

WAY TO FIGHT 498A

These are some of the ways false allegation against 498A should be fought:

A.Speak up- speak up against the false allegation. Help the organisations raising voice against such misuse.

B. Add this agitation to votes. Votes against the politicians who supports this misuse. Organise internet groups asking people to vote against such politicians.

C. Refuse to take bail: The victim of such abuse should refuse to apply for bail. The persons already on bail should apply for cancellation for bail. If the victims can do it, the law will be repealed in six month.

Agitation, Politics and non cooperation- these are the only ways to fight these unjust laws.

 



Learning

 12 Replies

aatma   03 September 2008

Dear Mr. Rajesh,


I have read all of your postings. Your words give very good moral support to real innocent 498a victims' families.


Thank you for your great support for real victims of government aided legal terrorism. 


 

Rajesh Kumar (Advocate)     04 September 2008

Dear friend,


What can be fought in the court of law is administration of laws- for legislative changes fight in the street is required. Connect your fight with votes- that is the only way to fight injustice against men.


Today i read a strange article in TOI- 498A is likely to be reviewed because it is abused against women! The law is not being reviewed because it is misused- it is being reviewed because it is misused against women. If a law is misused only against men, it is not likely to be reviewed.


And solutions are great. To prevent misuse of Domestic Violence Act against women, the law makes a provision that a women cannot be made a respondent. Thus the law is a good example of bias against men. The law have been designed specially to be abused against men, and protective measures has been taken so that it cannot be abused against women. Similar changes may come in 498A also that no women will be made accused. And then the law will be solely for the purpose of abuse against men.


Recognise men- it is not about dowry. It is a war of s*xes. It is men v. women. It is about distribution of wealth, created out of men's labour. It is about usurpation of institutions created by men's sacrifice.


The earlier men recognise the real nature of this war, the better for humanity.


 

Rajesh Kumar (Advocate)     05 September 2008

Refusal to take bail by innocent accuseds are the best way to fight against misuse of section 498A. The number of cases which are being filed under this section will make it impossible to keep so many people behind bar for long. In Delhi alone more than 7 lakh persons are on bail due to misuse of this section. Tihar jail has a capacity of mere 10,000/-.


It appears that certain women are disturbing the thread in the garb of guest- i condemn it.

Rajesh Kumar (Advocate)     06 September 2008

Dear Guest,


This will also serve the purpose:


-At least men will be behind bar so women will learn to maintain themselves.


-At least men will realise that state is discriminating against them.


-At least men will realise that they have to fight this system.


-At least the facade of welfare state and law will be exposed.


-At least the war will be open. In the war of deceit, women are better.


-At least the men will realise that they should not marry. Visit www.nomarriage.com for details.


-At least children wil realise that what is womenhood, and will not be affected by motherly representation of womenhood. They will also see the "wifely face" of womenhood.


I fully agree with you, dear guest. And it matters.

Rajesh Kumar (Advocate)     06 September 2008

Dear guest,


U r very intelligent. Come in open. I am starting a thread about inefficiency & corruption in taxation dept., particulalryl indirect taxation. Join me, in garb if u wish so.


U r special dear. I always knew i am recognising this voice.

Rajesh Kumar (Advocate)     08 September 2008

A NEWS ITEM:


Inmates at an Indian prison have refused to apply for bail because the food there is so good they don't want to leave.

The prison in Bangalore is stuffed with 4,700 inmates- more than twice its capacity. The food there is provided by a Hare Krishna group and is vegetarian.

"When we are getting tasty, nutritious food three times a day here, why should we go out and commit crimes?" said prisoner Raja Reddy.


CANT WE REFUSE TO TAKE BAIL FOR A CAUSE

mehul (homoeopath)     10 September 2008

How a reputed person refuses to take bail? because i suffer from this situation, my wife complained againest me,my father,my mother,my younger sister................then how can i refuses to take bail? she also charged domestic violence act aginst us! What to do?

Rajesh Kumar (Advocate)     10 September 2008

Difficult question:


When i say accused should refuse to take bail- it refers to a class action. Such individual action can create an example- it may not have the affect of a class action.


Are u ready to be an example? A personal question, only you can answer. Very few persons have this courage.


Defending your case is not very difficult. You can always defend yourself. Regarding anticipatory bail, if evidence of physical injury is not there, except the husband, everybody can get anticipatory bail easily. Even the husband will get regular bail in 8-10 days.


Nevertheless, if you propose to refuse to apply for bail- a concious informed decision, do let us know. It will be a great sacrifice- not for your own individual cause, for for the cause of justice- far more important than individual causes. And let me assure you, we will not allow your sacrifice to go in vain.


 

aatma   11 September 2008

Dear Mr. Rajesh,


We are not living in 1940s (British age) to go for "ahimsa" or "non-cooperation". These methods worked with British. This will never work with own people, because people looking for opportunity to exploit each other and corruption is everywhere from "Cradle to Grave yard" (birth certificate - bribe, community certificate - bribe,............ death certificate - bribe). What happened to "the great Gandhi Ji" he faught with foreigners in "ahimsa" way. He sacrificed his life for other people, but  what he got ? Nothing, not even lived to enjoy the freedom, he was killed by own fellow citizen.


Afterall, I am an ordinary citizen - if I go for non-cooperating or ahimsa way in modern india in 2008, I will be smashed alsong with my whole family. Even lawyers also not ready to fight for poor innocent victims (you have mentioned this in other post). Even some lawyers told me to bribe the police to close the case ! When I argued with them saying that "I did not do any crime, this is false case, why should I pay bribe? Can't I get justice without paying bribe?" . But the replies are "in practical you can't get justice in lower courts without bribe".


Mothers are living Goddesses in this world. Howcome a person let that innocent mother  go to  jail for not taking a bail. One can replace any person-relationship (including wife)  with new one in  his life, but not the Mother.  Mother is important than mother land. She is the one who showed me this world.

Rajesh Kumar (Advocate)     11 September 2008

I understand your anguish and really empathise with you.


What i suggest is certainly not a normal course- but i also told about you anticipatory bail provision and regular bail- which u can try. And i am sure you will get it. You have all m wishes, and i am always available to assist you in manner possible.


let us leave the larger debate for the time being, which we can take up when the time comes.


Wishinh u the very best.

aatma   12 September 2008

Dear Mr. Rajesh,




 


Thank you for your support.  I wish, more active and honest lawyers like you should come forward to practice criminal law especially 498a and DP cases to save thousands of innocent families.This is the best strategy to beat the false 498As. 


Instead of public going for non-cooperation, the honorable police and lawyers can cooperate to keep the law and order in the society. They have more power than public. They can do impartial investigation and punish false and ill-motive complainants.

Rajesh Kumar (Advocate)     15 September 2008

Actually dear lawyers cannot force the legislatures to make just laws. For that people's action is required.


Whatever that could have been done in administration of justice, has already being done by the lawyers- and the administration of law has mellow down a lot against the accused in last few years.


Urgent problems need direct action.


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