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JUDICIAL TERRORISM

Page no : 2

aatma   24 February 2009

I strongly support Sri Rajesh Kumar.  We can't expect that everybody will accept the truth.


Also I agree with Mr. Prabhakar's  point  - "From centuries, women have been suffering.  The favourable provisions in some acts in favour of women are only due to this reason, in our holy country, we treat our women just like dirt.  We never treat them equal.  Now, in the areas, where women are economically empowered, they are ascertaining their rights and it is undigestable to us.  We shout at house tops that the misuse of Section 498-A, 304 B etc. etc."


Women are always exploited by well educated persons.  Here the picture how women loss their life  for a small glitch in their marital life. This news shows (in last point in red colour) how an educated person exploit a woman when she  seek  legal advice to save her marriage. 


This is not my personal opinion, but from the news source:


www.screenindia.com/news/husbands-inlaws-are-easy-scapegoats-under-provisions-for-dowry-harrassment/248299/


Husbands, in-laws are easy scapegoats under provisions for dowry

harassment  The city women have no other complaint against their husbands and in-laws, but just `dowry-demand' and related harassment.



WHILE 99 per cent complaints received at the city's specialised ISO-9000 certified unit " Woman and Child Support Unit " corroborates this`myth', the truth is unveiled during investigations in such cases. Asagainst more than 1,200-1,300 complaints under dowry provisions filed every year against husbands and in-laws, not more than 80-90 mature into criminal cases.



Nearly 1,200 complaints have been received in the year 2007, as

against the 1,150 complaints filed last year. More than 99 per cent of the complaints are based on dowry demand and the related ill treatment. While most of the complaints are found frivolous, no offence was made out during investigations in more than 50 per cent of the complaints in 2006 or 2007.



"The trend of filing complaints against husbands and in-laws is picking up these days. Women, who are even married to places as distant as South India or distant areas in Punjab, Haryana and Himachal Pradesh are lodging complaints against their husbands and in-laws in Chandigarh, because of the designated unit here "Woman and Child Support Unit " that takes prompt action and summons the `culprits' in Chandigarh.



The truth, however, is something else. "Mere confrontation and difference of opinion is misunderstood as harassment, whereas dowry provisions are considered only tools for `teaching a lesson' to the in-laws," says an investigating official posted at the Woman and Child Support Unit.



Anushka, a Panchkula resident, who had lodged a complaint against her

husband Manish, and his parents had been crying hoarse, accusing her

husband and in-laws that they were demanding dowry from her. During

the investigations, however, it came out that Manish's family was much

more financially stronger than Anushka's and they had not even accepted a single penny as dowry at the time of marriage.



Both parties were called to the Woman and Child Support Unit, and

after repeated counselling sessions it came out that the husband and

wife had developed an ego-hassle and the wife just wanted to teach him

a lesson.



In another such incident, Poornima Thakur, a Kalka resident, whose

parents live in Chandigarh, had filed a complaint against her husband

Arun, alleging demand for dowry from her parents. It was later found

out that Arun's mother was not getting along well with Poornima, which

had developed into frequent altercations between the two. "After our

counselling, both Poornima and Arun have started living separately

from their families, and have seen improvement in their matrimonial

life," said the official who dealt with their case.



"It becomes extremely difficult to assess the authenticity of the complaint, whether it any motive behind, or the woman is genuinely being harassed in the name of an evil like dowry. We thoroughly investigate the complaint and then only recommend registration of a case," said a senior police official.



Procedures adopted



* A complaint is received at the Woman and Child Support Unit (W&CSU).

Both the parties (husband and wife) are summoned to the unit with

their families and relatives.



* Counselling sessions begin after recording statements of both

parties at length.



* Initially, the police officials posted at W&CSU conduct the

counselling sessions, which are followed by the trained counsellors

associated with various non-governmental organisations.



* Most of the disputes get settled during counselling sessions.

However, if during counselling, it appears that a woman is genuinely

being harassed, the case is recommended against the guilty



* A report is forwarded to the UT Inspector General of Police, without

whose approval, no case is registered on charges of dowry



Certain facts



* When women write a complaint on their own, they mostly give the true picture of the trouble. The problem, however, arises when advocates draft such complaints. The advocates try to push in ingredients of dowry demand and maltreatment in the complaint, which is in a quantity that is sufficient enough to invoke criminal case against the husband and in-laws.



* In certain cases, the dowry-provisions and complaints containing such provisions are being used to `extort' money from the in-laws and an easy way to show a `revengeful feeling'.

 

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. 

Guest (Guest)     25 February 2009

Now, I answer to Mr. Rajesh's querries:


You have raised some intresting questions. I will answer through questions only. How many men burn their wives? How many men torture their wives for dowry? How many men indulge in foeticide? Then why do have have laws which treat men as criminal class? Why do we have laws which condemn men without hearing him?


I am not saying all the men burn thier wives.  But I am saying in the burning case, why always men burn and not vice-versa.  Why a wife has not burnt a husband in the matrimonial history.  Again, I do not say that all men torture their wives.  I say in torture cases (say in 100 cases, men are the culprits in 90 cases).  I certainly say that all men will not perpetrate foeticide.  But in all the foeticide cases, whether women went voluntarily under the hammer and knife to kill the life in her womb or is there any invisible male hand  behind this drastic act?  Since the passing of this Act, how many men have been prosecuted for killing the female at embryo stage.  The existence of foeticide is itself a classic proof of gender injustice in India.  It does not require any elaborate arguments in this connection.  I really wonder in U.S.A., U.K. etc., why banning the female foeticide laws are not there.  Certainly there are laws against abortion (due to religious influence) but  these laws clearly  do not distinguish the gender of the  womb.  If women are deeply respected by us, why women population is alarmingly falling down in Delhi, Haryana, Rajasthan and Punjab.

 


 let us take this case. How many men wants to wreck their marriage? Then why do law think that men is responsible for wreking the marriage? Such generalisation is injustice. And let me add one more thing- more and more men are thinking the way I think, and it is not good for the society. Every such abuse of laws create hundred men who thinks that way. Society must stop abuse of these laws otherwise the result will not be very good.




The grounds availabe under Section 13 of Hindu Marriage Act are not gender biased.  The law does not treat that men are the reason for wreckage of marriage.  both husb and  are given equal opportunity to seek divorce on same grounds.  Whenever, the woman is economically empowered, she is ascertaing her right and is seeking the divorce just like man.  The economically dependent women, will not resort to divorce proceedings even though husband is immoral, cruel etc.


Why women always resort to Section 498-A against their husbands and parents-in-law.   The reason is so simple.  The injustice meted out by her after marriage will not attract any penal provision.  She will be insulted before the guests.  She is being run down before her own children.  She will not be allowed in family decision making.  She will be physically abused in the bed-room (for not monetary gain).  All these are not offences as per IPC.  But there would be hundreds of instances where women would be physically, emotionally and economically abused (now under "protection of women from domestic violence Act" they have become offences) and she resorts to 498-A and dowry cases, knowing fully well that these charges wont stand before the court and the offences perpetrated against her are not the offences as per law.


 Now, can any one say that if any conviction is there, then only offence has been happened. In 498-A and 304-B case the conviction rate is minute.  Similarly, We know in rape cases, the conviction rate is so small.  Can we say that rape has not happened?  can we say that the rape victim is framing false charges against the accused?  The reason is on one hand, the rape victim herself  lets off the accused, because in most cases, the rapist is near relative.  Next family forces her to do so to escape social stigma.  Thirdly prosecution connives with the accused.  But, in several instances, I have heard and seen that the rape victim is branded as consensual for s*x act and black-mailed the innocent

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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