Tuesday, July 17, 2007

 

Try reconciliation before arrest in dowry cases, says Raj HC

Try reconciliation before arrest in dowry cases, says Raj HC


27 April 2007

In a significant decision on dowry cases, Rajasthan High Court has directed the police to first attempt 'reconciliation' efforts between estranged couples rather than concentrating on 'immediate arrest' of the husband and in-laws.

Justice Dalip Singh gave this order yesterday while admitting the petition of Subhash of village Atela near Jaipur. Subhash was having trouble in his domestic life and his wife lodged a dowry harassment case against him. Later there were indications of reconciliation between Subhash and his wife. But someone instigated his wife to lodge an FIR, which sent her in-laws to jail for harassing her for dowry. This enraged Subhash and he refused to take in his wife again.

The court sent a copy of the order to Director General of Police and asked all police station incharges to take legal advise in dowry harassment cases.

The court said the police should show restraint and first try reconciliation efforts between the parties with the help of family and friends for cases lodged under Section 498 and 406 of IPC.

The court said the police is free to effect immediate arrest but should try to take the help of mediators first. Immediate arrests often become stumbling blocks and close doors for negotiations and the most affected are the innocent children whose mental development is also stymied.

Comments:
So much has been said about the misuse of this so called Penal Code 498A and DV law. Ladies have been unnecessarily fully armed to start with.

So basically they have been told..."go get married and then if you don’t want to live with him then you can get him and in-laws arrested and he pays quicker when behind bars." It is as simple as this.

It is an insult to have someone arrested in this way and to place him behind bars and made to negotiate after making him taste the food behind bars. How did Gandhi feel when he was placed behind bars? Have I not said enough?

Look what Peace – UK and other UK guys have been saying for many months under various topix related to this>>>"Indian Penal Code 498A and DV law." The majority of the cases involve people in India. We are not against India. What is being said can help to place the minds thinking once again for these types of misuses.

A lady dropped her clothes in the streets of Rajkot and walked wearing 2 clothes in this wet weather. Why? The whole world saw that. In films for such scenes, they get paid few lakh rupees. I am not saying that she does not have a case. That is up to the court to find out. There are other ways to get the message across. The easiest way is via the misuse of this law which exists. It has minimum risk for the lady but maximum punishment for the husband and in-laws. And she goes for it. Same way the lady does not want to be harassed by the in-laws; the husband and the in-laws also don’t want to be harassed like this by being arrested to start with.

The case is regarded as a criminal case. So what happens in a normal criminal case, where for example, some one breaks into a house and is locked up? Who takes him to the court and who pays the fees to sentence him? Why in these sorts of Penal Code 498A and DV law cases, the man has to bail himself out and later hire a lawyer to prove his innocence? Why call someone a criminal when he is not a criminal? Why the police don’t take him and others named in the case to the court to prove that they are criminals…same as they do in other real criminal cases and lock them up for many years when found guilty? That will be expensive…yes? So now you see how all this has been so nicely worked out! The husband and the in-laws pay.

That question asked by Peace – UK still remains. Will a minister’s son and others in the family be arrested with one single complain from a lady? Will they be placed behind bars and then they bail themselves out to prove that they are not criminals? Will they be arrested like other Indians and NRIs say for example, on a Friday and then told that the offices are closed and so they have to stay inside for the whole weekend?

So basically the law is organised in such away that the government spends as little as possible. The man pays. I am not going to go into the details of the money he ends up paying under the table here and there. NOW WHO IS GOING TO SAY THIS DOES NOT HAPPEN IN INDIA ON VERY REGULAR BASIS? See the films where such scenes are not censored as they are there to open the people’s eyes. The government lets such scenes go through hoping that the bribery and corruption in the country will go down a bit but then on the other hand they have introduced these one sided laws!

What I am trying to say is that the man and the in-laws do end up paying a lot to put their lives back on track after these false accusations. No compensation is there for them. The lady drops the clothes and says she does not have any money to compensate for the disturbance caused to the husband and the in-laws. And that works. People easily take the side of the lady who drops the clothes. What chances do the husband and the in-laws have? Peace – UK has said that NRIs also have feelings and get hurt. They value their hard earned money and lives also. This is the message for the people in India to do something and the message for the NRIs who think of marrying an Indian lady from India. UK Human
 
This is on internet:-

"Heartwin Wessly - Erode, Tamilnadu

Name: Heartwin Wessly

Comments: my case is in enquiry stage. My wife was married beforeand she give money to broker and hide that and marry me. She dont have proper divorce before justice. But she give complaint against me and my mumm and other four members. I was remanded in jail for 7 days and got bail. I spent lot of money to save from this false case. No use now i am helpless. Police made false fir and spoil my life. i was sufferring past 4 years. 31/07/2007 is the enquiry date given by the magistrate court bhoothapandy. before that i filed a petion in madurai bench to transfer the case to any other district because of my wifes family are threttening us for money. court doesnt bother about it. i am so much worrying and decide to make sucide. because law, police, judge and all the government orders are favour to she. No one is ready to protect me."

http://victims-of-law.blogspot.com/

Peace - UK
 
The formless consists of attributes Truth, Righteousness, Equanimity, Love and Non-Violence (also known as The Rules). From which we got our ancestors consisting of hydrogen, oxygen,calcium, carbon etc as mentioned by you also above. During creation there was nothing. He did not go to look for hydrogen and oxygen to make water...if He had done so then it would have only confirmed there was someone before Him.

Once we are able to discard the feeling of this body, what remains is the formless attributes. That is the Bliss stage and we have a feel of that during meditation. Those attributes all together make one powerful Super Human Power. That never dies and so never comes back. It is always there. God never takes birth. The form takes birth.

Religion can be regarded a systematic faith in this Super Human Power called GOD.

WHAT DO THESE RULE BREAKERS FOLLOW?

WHY THEY DONT LIKE DAUGHTERS?

PLEASE DONT BREAK THE RULES USING YOUR MONEY POWER.

AND PLEASE DONT MISUSE THE INDIAN PENAL CODE 498A AND DV LAW EITHER. Peace - UK
 
The formless consists of attributes Truth, Righteousness, Equanimity, Love and Non-Violence (also known as The Rules). From which we got our ancestors consisting of hydrogen, oxygen,calcium, carbon etc. During creation there was nothing. He did not go to look for hydrogen and oxygen to make water...if He had done so then it would have only confirmed there was someone before Him.

Once we are able to discard the feeling of this body, what remains is the formless attributes. That is the Bliss stage and we have a feel of that during meditation. Those attributes all together make one powerful Super Human Power. That never dies and so never comes back. It is always there. God never takes birth. The form takes birth.

Religion can be regarded a systematic faith in this Super Human Power called GOD.

WHAT DO THESE RULE BREAKERS FOLLOW?

WHY THEY DONT LIKE DAUGHTERS?

PLEASE DONT BREAK THE RULES USING YOUR MONEY POWER.

AND PLEASE DONT MISUSE THE INDIAN PENAL CODE 498A AND DV LAW EITHER. Peace - UK
 
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