if wife

If these laws are misused by few that does not mean that these be repealed and real victims deprived of protection. ---------- If misuse is the criteria then let the earlier criminal laws on all other subjects[i.e. theft, dacoity, cheating, bribery, Narcotics, Spying, murder, trespass, hurt,rape, treason etc. etc.] be also deleted and all these crimes be legalized.

Originally posted by : Rocky Smith
	Originally posted by : Anirudh Dear Mr. Rocky Smith, Please apprelciate that we ordinary mortals are not the ones who enacted the laws.  It is the Parliament which has enacted the law.  The Parliament in its wisdom has come to the conclusion that the married ladies who undergo domestic violence need to be protected and therefore enacted the laws.  Please remember, the parliament has more male members than lady members.  No law is enacted to treat anybody badly.  If the law is being misused by some then that has to be tackled in a separate manner.  But the fact remains that a large nu,ber of males do perpetuate violence on their wifes and keep quiet when their wifes are being tortured and illetreated by their mother and sisters.  Therefore, in such a situation the lady does require the protection of law.   You should also not forget that in spite of such stringent laws, still the attrocity on the married women continue.  Many cases go unreported and uncomplained. It is time that the husband, his mother and other family members become civilised and learn how to treat the lady who comes to their house upon marriage.         Mr. Aniruth,  Suicidal rate is higher among married men. Then who need more protection?     Can you imagine if this laws become gender equal then how many lawyer will become unemployed?     Please follow crime in India publication. Actual criminal and civil cases are very less compare to these cases like - 498A, 125 crpc DVA, Divorce, RCR etc.

Lawyers were having good days even when these laws were not there.

 

Yes many lawyer may be unemplopyede if the dowry/demand related torture can be stopped and such laws are no more needed.

 

There is no use treating symptoms of disease unless root cause is hit.

 

As long as there is rampant dowry demand and torture of women these laws will remain and liable to be misused by few.

Originally posted by : Sudhir Kumar
	Originally posted by : Rocky Smith Originally posted by : Anirudh Dear Mr. Rocky Smith, Please apprelciate that we ordinary mortals are not the ones who enacted the laws.  It is the Parliament which has enacted the law.  The Parliament in its wisdom has come to the conclusion that the married ladies who undergo domestic violence need to be protected and therefore enacted the laws.  Please remember, the parliament has more male members than lady members.  No law is enacted to treat anybody badly.  If the law is being misused by some then that has to be tackled in a separate manner.  But the fact remains that a large nu,ber of males do perpetuate violence on their wifes and keep quiet when their wifes are being tortured and illetreated by their mother and sisters.  Therefore, in such a situation the lady does require the protection of law.   You should also not forget that in spite of such stringent laws, still the attrocity on the married women continue.  Many cases go unreported and uncomplained. It is time that the husband, his mother and other family members become civilised and learn how to treat the lady who comes to their house upon marriage.         Mr. Aniruth,  Suicidal rate is higher among married men. Then who need more protection?     Can you imagine if this laws become gender equal then how many lawyer will become unemployed?     Please follow crime in India publication. Actual criminal and civil cases are very less compare to these cases like - 498A, 125 crpc DVA, Divorce, RCR etc. Lawyers were having good days even when these laws were not there.   Yes many lawyer may be unemplopyede if the dowry/demand related torture can be stopped and such laws are no more needed.   There is no use treating symptoms of disease unless root cause is hit.   As long as there is rampant dowry demand and torture of women these laws will remain and liable to be misused by few.

 

 

Yes Mr. Sudhir Kumar,

 

Prevention is better than cure. And the ROOT CAUSE is Marriage.

 

 

 

So no marriage (only live-in-relationship), no dowry, no crime.  And lot of lawyer will become unemployed. 

 

My opinion is, both dowry taking and its misuse for monetary extortion are equal crime.

Law is not punishing the misuser since it has become lawyer’s and judges’ profitable business. 

 

Over 50% legislatures are under-educated and over 34% are incurred in high profile criminal cases.

So what can we expect from hose of parliament? 

Majority of legislators are male.

Should we demand that 50% legislators  and those 34% criminals to reverse the laws?People keep on talking that most of the laws are women oriented.Many laws enacted after independence are pro women,can those so called harrassed husbands recollect why? They very well know that women were the oppressed  class since ages,only because of male legislations and dominance.The duty of a woman was to take care of the house and bear children and nothing  else.Can anyone tell me how many marriages are being performed without dowry and valuable stridhan? A woman does not revolt against her marital or matrimonial home instantly,she does so after so much of tolerance.Hence it is not proper for someone to keep on criticising pro woman laws,which are acting as a shield for the sufferring lot.

THESE ARE THE VIEWS OF ADV AGUSTINE CHATERJEE  FOR  ANOTHER QUERY:

Agreeing with Mr Devalla I will add that woman under th regime of so called biased laws is still opppressed. Rather in a sharper manner.

 

Crime of dowry and domestic violence is the only crime of the world where there are NGOs and even website which officially provide shilter to the accused.  There is no law agains the same.

 

These crime have not been dealt with  heavy hand as was the case of Sati 150 years back where it was mandatory for a widow  lady (particularly middle class and elite class)  to to suicide (rather be mudered) by being thrown to flames with husband's corpse, in deep intoxication and lathi wielding volunteers around the pyre to prevent escape. SO law was created and practice suppressed.

 

At that time there were no leagues and NGOs to support this crime.  The crime practically vanished despite religious sanction behhind it.

 

In present day despite these so-called biased laws the matrimonial crimes still persists with vgour though all the practiced religions of India forbid the same.

another thread is relevant

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=129429&offset=1#.VkQ87m7K2xk

 

In that thread the person is compelled to raise heavy loans for sister's marriage.

Originally posted by : SAINATH DEVALLA
	THESE ARE THE VIEWS OF ADV AGUSTINE CHATERJEE  FOR  ANOTHER QUERY: Before addressing the specific query, we must not say that the law is incorrect or biased to women. Some women mught be harassing and misuing the law. But there are still many houses where women are treated worse than animals , especially in the sub0urban and ruyral areas. These laws are necessary for protection of women who are harassed for dowry and other ancillay purposes. I know the laws are being misused but that is not a reason to disregard the sanctity to the same. The said law is not violative of article 14 of the constitution as article 14 is subject to exception of article 15(3) which empowers the state to make special laws to protect the women and children of the society.

 

 

Mr. Sainath Devella,

 

Article 14 – Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.

 

Article 15  - Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.

 

Now,

Aritcle 15 – (3)  - Nothing in this article shall prevent the State from making any special provision for women and children.

 

So clearly that nothing under Aritcle 15 shall prevent the state from making any special provision for women and children. Now still it is not violating Article 14 (Equality before Law) since the SCOPE of Article 15 – (3)   is inside Article 15 only.   In other words, it has nothing to do with Article 14.

 

So clearly the view of State (Judges and Polices) is biased and violates Article 14.

 

1. No proper inquiry before registering a  case,
2. No enquiry on wife / girls income before awarding alimony.
3. Not at all come to actual matrimonial facts rather prolonging the matter.

• - - etc, etc.

The original querist has disappeared,may the almighty save him.Desperate and  perfectly imperfect(vagueistic) persons cannot digest the realistic views of the legal experts.

Mr. Sainath Devalla,

Let’s have a close look on Article 15 and Article 14.

 

Article 15 in The Constitution Of India 1949

15. Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3) Nothing in this article shall prevent the State from making any special provision for women and children

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

 

 

Article 14 in The Constitution Of India 1949

14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth

 

 

So we can conclude as follows: -

 

a) From Article 15 we can see that state can’t show any discrimination based on religion, race, caste, s*x or place of birth to enter/access any public or partly public property that is fully/party funded by state.

 

b) From Article 15(3) also we can see state has only power to make any special provision (Arrangement/Law Section) for women and children.

 

c) However, under Article 15 state has no power to deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth (Article 14).

 

Am I right Mr. Sainath Devalla ?

 

Now if State (Represented by Corrupted Judges and Police Officers) does as follows –

 

a) No proper inquiry before registering a  case,

b) No enquiry on wife’s / girls income before awarding alimony.(Not fully/partly funding by state)

 

c) Not at all come to the actual matrimonial facts rather prolonging the matter.

 

- - - - Then it is clearly violation of fundamental right as per Article 14. Also Alimony/Maintenance is not fully/partly funded by state hence state can't show any discrimination here also.

 

In other words, These views of the state is Unconditional 

 

Learned Mr. Sudhir Kumar, I need your expert comments also in this. Thanks in advance.

Learned Mr. Sudhir Kumar Sir,

 

Since, I am preparing for PIL in Supreme Court against such biased laws and biased views after my retirement, I need your help also since, you highly support such laws and views. I wish to know what may be the possible defense expert arguments against my petition. If you show me those I shall be great full.

 

Thanks in advance.

 

Hello all Learned Experts and Friends of LCI,

 

Any expert comments on the above posts will be appreciated.

 

Thanks in advance for you time.

PLI should be filed to the eradicate the root cause.  the dowry related laws should be so severe that let the legs of all thos etremble who knowingly attend marriages and have free lavish meals, some of them get milnee also(which at times consists of gold)if they know that the excessive dowry is being given/taken.

 

the same way in which I would fear to attend d funeral where sati is going to be committed.

 

filing PIL against symptoms is no use.

 

when malady is not there the laws prohibiting the same become redundant. 

Originally posted by : Sudhir Kumar
	PLI should be filed to the eradicate the root cause.  the dowry related laws should be so severe that let the legs of all thos etremble who knowingly attend marriages and have free lavish meals, some of them get milnee also(which at times consists of gold)if they know that the excessive dowry is being given/taken.   the same way in which I would fear to attend d funeral where sati is going to be committed.   filing PIL against symptoms is no use.   when malady is not there the laws prohibiting the same become redundant.

 

I understand that dowry law is a pious law. Only the misuse of it is legal terrorism. I would like to eradicate the misuse of it since I have already shown you above that biased feminized laws and views are unconstitutional.  

 

I know 90% of men of West Bengal do love marriage only and hence don’t take any single rupee dowry. If girl’s father wishes to give any presents then it is accepted for that girl’s welfare only. Not for any lavish meal.

 

Now the question is, who is responsible for this misuse?

 

Ans: - Only the STATE (Represented by corrupted Judges, Police officers and Public prosecutors) is responsible. Private advocates are also tied up with them and created a vast extortion racket. It is our responsibility to stop.

 

Mr. Sudhir Kumar,

 

if you still think that these are constitutional then please give your expert comments based on constitutional law.

 

Comments based on mere imputation is out of jurisprudence.