Fight against Injustice - Indian Penal Code (IPC) Section - 498a

Activists frown on Indian domestic violence law

2007-07-20T01:32:00.001-07:00

Activists frown on Indian domestic violence law

Many Indian American activists have opposed India’s newly enacted law against domestic violence, saying its several provisions lend themselves to misuse and could lead to more broken homes.

Activists who spoke to IANS said they feared the law would be misused like the earlier anti-dowry law (Sec 498a of Indian Penal Code). A large number of Indian Americans have complained that section 498a was used against them to extort money.

The activists urged that the new law be made ‘gender neutral’, with a greater emphasis on counselling as in the West. They said misuse of the new law would affect women too and would bring minor differences in a marriage to a point of no return.

‘It is a great law to get even with in-laws,’ said one woman who spoke on condition of anonymity. ‘Or if you want to marry some rich guy and then get rid of him.’

Others said the provisions of the domestic violence law were too expansive.

‘A significant flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to ‘teach a lesson’ to their male relatives and will file frivolous cases,’ said Avinash Gupta, an India American.

‘A similar trend has been shown in the anti-dowry law, which is being misused to such an extent that the Supreme Court (in India) has termed it ‘legal terrorism’.

‘There are three fundamental problems with this new law,’ said Gupta. ‘It is overwhelmingly gender biased in favour of women, the potential for misuse is astounding, and the definition of domestic violence is too expansive.’

Gupta advocated the enactment of a ‘domestic harmony’ law instead.

‘It (the new law) makes it very easy to escalate domestic problems to such a level that it eventually leads to a breakdown in marriage. Once a man is arrested for a relatively minor offence - like perceived insult - he will perpetually feel threatened by his partner, and that is the beginning of the end. This law will lead to more broken homes and children will ultimately pay the price.

‘Going by the domestic violence law’s definition of abuse, how many men are victims? After all, nagging wives are common enough,’ said Gupta.

Some of the most vociferous opposition to the new law is from women, some of whom have been victims of cases filed under 498a.

‘If a man cannot put up with a woman, he cannot throw a fit, that would be abuse. Under the new law, a woman can have it both ways. A woman who wants to stay in the marriage or opt out of it - irrespective of the husband’s wishes - can leverage the law,’ said Uma Challa, a doctoral student.

‘Given the corruption in the Indian legal system, especially among police personnel, the outcome will not be what the lawmakers desired,’ said Dipak, another Indian American.

‘The police will use the law to harass or enter into money making deals with either party,’ he said.

‘The law imposes a responsibility on men, without giving them rights. On the other hand, it gives rights to women without requiring them to be responsible. It should be made gender neutral, offering protection to both men and women. Doing so will not take away anything from women victims,’ said Gupta.

Satya, a California-based volunteer who runs [b]www.498a.org[/b] website, sees a number of victims seeking help from non-resident Indians around the world.

He said: ‘The law would create the same set of innocent victims that the anti-dowry law had. Every year, about 200,000 families go through hell because some women misuse this (498a) law.’

Dipak referred to a statement by Renuka Chowdhury, the Indian minister of state for women and child development, that men who were harassed under these laws, were in a ‘microscopic minority’. ‘Even accepting her statement, should we, in the minority, not be entitled to some protection?’ he asked.

Activists said the law could often go to ludicrous lengths. ‘Under the law, if a wife decides not to cook and wishes to eat out in a restaurant every day, the husband can’t afford not to oblige her lest he invite the provision for ‘not providing food’, for which he could be jailed,’ Satya said.

Although the law cannot be enforced in the US, many Indian Americans have been victims of the anti-dowry law, by vindictive ex-wives and their parents.

‘For them, it is a good source of earning hundreds of thousands of dollars in return for withdrawing the case. Indian American men and women have been arrested, sometimes at the airport itself, when they have gone to India to visit relatives,’ added Satya.

Being a politically sensitive issue, activists said they see no hope of a more equitable version of the law in the near future.

‘The domestic violence law protects you only if you are a daughter-in-law. For catering to their vote banks, politicians are dividing Indian society on the basis of gender,’ said Challa.

Meanwhile, hapless Indian American men turn to blogs like ’savemarriages’ for advice, even debating whether marrying a woman from India is a risky proposition.

One advisory, apparently from an experienced practitioner, examines other options and offers this advice: ‘Don’t get involved with Indian women. Russian women are better looking, homely, nice and much more reasonable and logical.’

- By Ashok Easwaran

Sehgal gave wife Rs 4.5 lakh, but she wanted more — a divorce

2007-07-17T15:51:00.002-07:00

Extortion by wife

New Delhi, May 3: “I HAVE no problems with Reena staying with my husband at my house.” This was the statement that reportedly prompted Kishori Lal Sehgal to shoot at himself. Reena is Sehgal’s wife and the statement came from Surinder Kaur, wife of one Jitender Singh Ahluwalia alias Jeetu with whom Reena allegedly has an affair.

The police said Sehgal had given Rs 4.5 lakh to Reena in March, but she wanted more money, and a divorce. In February this year, Reena filed a dowry case with the Crime Against Women Cell, and started living with Jeetu. On Thursday morning at 10.30 am, both Sehgal and Reena had come to CAW Cell at Nanakpura to attend the hearing of the case. Reena, who had charged Sehgal with dowry harassment, mental and physical torture, was accompanied by Jeetu and Surinder.

After the hearing was over, sources said, Surinder told Sehgal that she would keep Reena with her. Sehgal then went to Nehru Park, near the Prime Minister’s residence, wrote a suicide note and shot himself. The police are verifying if he had a licence for the gun. The bullet missed his heart by just 5 cm, but he survived his second suicide attempt. Sehgal had tried to immolate himself a couple of days ago, said a police officer.

According to the police, Jeetu is a resident of Old Mahavir Nagar in Tilak Nagar and has been in a relationship with Reena even before she married Sehgal four years ago. Sehgal had married Reena after he got a divorce from his first wife, Prem Jyoti, with whom he has a son, Rahul. He has another son, Ansh, with Reena.

Additional Commissioner of Police, CAW Cell, Tajender Luthra said: “We have counselled the couple during hearings. We don’t know what had happened between them. Reena was not staying with Sehgal.”

Try reconciliation before arrest in dowry cases, says Raj HC

2007-07-17T15:51:00.001-07:00

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.

Desperate housewives kill hubbies

2007-07-17T15:49:00.000-07:00

Desperate Housewives kill hubbies....

Desperate housewives kill hubbies

Divyesh Singh

Stories of husbands assaulting their wives are common. But in an equally horrific reversal of roles, two housewives in Thane killed their husbands in the last two days.

Burnt to death

In the first incident, Anila Pommy, 40, set on fire her 38-year-old husband, professional photographer Rajendra Pommy, in Ambernath, on Saturday morning. According to the police, the Pommys had been married for 15 years and had four children.

Rajendra, however, had secretly married another woman from his hometown in Punjab two years ago and brought her to Mumbai, the police said. He bought his second wife a flat in Badlapur and had been living with her, rarely visiting Anila and their children. “He did not pay attention to Anila and the children and did not take care of the household expenses. They quarrelled very often,” the investigating officer told DNA.

On Friday night, Rajendra was at his Ambernath home and a quarrel erupted between him and Anila, the officer said. Anila was very angry because Rajendra had sold off property in Ludhiana that belonged to her without telling her. The fight spilled over into the next day. “Anila asked Rajendra to leave his second wife and live with her but he refused,” the officer said.

According to the children’s statement to the police, Rajendra was lying on his bed when Anila attacked him with a stick, hitting him several times on the head and leaving him semi-conscious. “Anila then fetched a container of petrol from the kitchen and poured it over him,” the children reportedly told the police. Anila apparently asked her children to leave the room.

“She then lit a matchstick and set Rajendra on fire,” the officer added.
Neighbours saw smoke coming out of the house and informed the police. It was they who took Rajendra to the hospital, but he was declared dead before admission. “He sustained 80 per cent burns,” the officer said.

The police suspect that Anila planned the murder. “There was no reason for Anila to keep petrol in the house,” senior police inspector Pradeep Bhosale of Ambernath police said.

Beaten to death

The other murder happened a few kilometres away in Ulhasnagar. Kavita Kalyani, 26, beat to death her 45-year-old husband, Kishan, at her maternal home; her brother and mother were also allegedly involved.

Police officials at Ulhasnagar’s Hill Line police station said that Kishan and his wife often quarrelled. On Friday night at around 11.30pm, Kishan went to his in-laws’ house in Camp No. 5 in Ulhasnagar to bring Kavita back to their home in Camp No. 4.

“Kishan was angry because it was late and the children had not yet eaten dinner because Kavita was not at home,” the investigating officer told DNA.

Kishan started yelling at Kavita for being a careless mother. “When Kavita did not pay attention to him, Kishan got angry and started assaulting her. Kavita’s brother, Laxman Vadvirya, intervened and started hitting Kishan,” the officer said. Kavita then grabbed a stick and repeatedly hit Kishan on the head with it, while her mother, Bharti, held him down, the officer added. Kishan collapsed and died almost immediately.

When Kishan did not return home, his friend Govinda Durgal went looking for him. “He came to know that Kavita, her brother and mother had killed Kishan. He immediately filed a complaint with the Hill Line police station,” the officer said.

The police are carrying out further investigations. All the people involved have been arrested and will be produced before the court on Sunday.

How about women harassed by women

2007-07-17T15:47:00.001-07:00

Harassed by 'bahu': Saas kills herself
How many of them needs protection?

Is Mother-in-law not a women? Why can'nt government make laws to protect them too?

Ludhiana, May 18
Women committing suicide due to troublesome mothers-in-law is often heard, but an
aged woman of Urban Estate, Dugri, today jumped to death before a running train
allegedly due to harassment from daughter-in-law. The woman claimed in a suicide
note that she could not bear the harassment at the hands of her daughter-in-law and
her relatives any longer and hence was ending her life.
On the basis of the two-page suicide note, filled with heart rending tale of woes of
victim Dilip Gandhi, the Government Railway Police booked her daughter-in-law Sonia
Gandhi, Sonia’s mother Harinder Sethi and sister Chhina Walia for abetting Dilip to
commit suicide under sections 306, 34 of the IPC.
All accused live in Chandigarh. Sonia is the daughter of a retired Superintendent of
Police M.S. Sethi.
Interestingly, the main reason behind the dispute between the family members was
the immigration of Sonia’s husband Gursharan Singh Gandhi to Canada. Sonia and
other accused were allegedly vehemently against Gursharan’s move.
The victim says in the suicide note that Sonia and other accused allegedly opposed
Gursharan’s immigration to such an extent that he was forced to return to India after
spending a few weeks in Canada. He had managed to go abroad after a six-year wait.
Once back home, the in-laws forcibly took his passport and other documents away.
Additional SHO, GRP, Harbans Singh said the woman jumped before the Ludhiana-
Jakhal train around 5:30 am today. The police later recovered the suicide note, which
revealed her identity. He said no arrest had been made so far.
The suicide note revealed that the victim was quite religious. She began the note
offering prayers to Sikh gurus and tendering an apology for ending her life, given to
her by the almighty.
She wrote: “She had no other option as the harassment by the daughter-in-law and
other accused was driving them mad”. She said her son was married to Sonia 10
years ago. They had a daughter from the marriage. Her son managed immigration
after much effort but Sonia always opposed his decision.
When my son finally went to canada, she went to her parent’s house and threatened
to register a case of dowry against us. My son tried his best to cool down things. But he was threatened with such dire consequences that he returned home”.
She further claimed that her son went straight to his in-laws house in Chandigarh
where he was forced to part with the passport. Later, he took a Rs 9,000 per month
job with the Guru Gobind Singh Study Circle.
This money was insufficient for the family and there was no compromise by the
accused. The accused then humiliated her in public by levelling cheap allegations,
which she could not bear and decided to end her life.

Seven-yr-old faces dowry charges

2007-07-17T15:43:00.000-07:00

Seven-yr-old faces dowry charges

Sameer Kumar, Abhay Mohan Jha
Saturday, May 26, 2007 (Begusarai)
A seven-year-old has been charged in a dowry case in Bihar.

Santosh, a class four student has paid the price for a crime he did not commit.

''They framed me in a dowry case. I study in class 4. Police came to my house and asked for money. They threatened to send me to Munger otherwise,'' he said.

Santosh was named in a dowry harassment case last year along with his parents and his elder brother.

His parents and brother got bail after his father reached a compromise with the complainant. But given Santosh's tender age, the court didn't pass any specific bail order in his name.

Santosh's lawyer says there were serious lapses in the way the case was handled.

''The age of none of the accused has been mentioned in the entire case diary,'' said Vijay Maharaj.

Police admit they made a mistake but say the witnesses in the case had a role to play.

''None of the witnesses mentioned that the accused is under age. I agree that we have made a mistake in this case,'' said Amit Lodha, SP, Begusarai.

Police say Santosh can breathe easy irrespective of the outcome of the case. But this comes as cold comfort for someone who has learnt a bitter lesson so early in life.

When would the government spring into action. After how long and after how many lives? Snatching the basic rights in the name of women empowerment?

Comment against another poorly written anti-male article

2006-12-19T18:43:00.000-08:00

December 18, 2006
Dear Editor,

I am writing in response to an article, "Stove-burst deaths unusually
high, Gujarat cops say hands tied" by Sreenivas Janyala, published in
your newspaper on December 18, 2006
(http://indianexpress.com/story/18850.html). This article is
nonsensical and poorly researched. Domestic violence is a very serious
issue and requires great attention. When one assumes that domestic
violence must have occurred it does more harm than good because it
hurts innocent people.

The statement that "Women victims give declarations absolving in-laws,
husbands, prevent investigation for suicide or murder" is meaningless.
Why would a woman's dying declaration "prevent" investigation? If a
woman says that her family is not responsible for her death, that is
what she means. In cases where there is no dying declaration, there
should be a burst stove which can be examined to investigate the cause
of the accident.

The article shows pictures of three women as "three recent victims of
stove bursts". The caption also says, "Over 300 have died this year
alone". These three women have suffered stove bursts and they are
alive. The author of the article is talking about "dead women". Are
these three women examples of accidents? Or have these women testified
that their respective husbands and in-laws were responsible for the
stove bursts? What prevents investigation in their cases? Why has
nothing been said in the article about these three cases?

Next, the author makes another nonsensical assertion: "…most victims
are young and recently married, and invariably the police treat the
cases as accidents, based on dying declarations." There is a
difference between police "treating these cases as accidents" and
dying declarations "preventing investigation". Why would police treat
a case as anything other than an accident if the injured person said
it was an accident she caused? It is absurd for radical women's
organizations to insist that all stove bursts should be assumed
suspicious.

Take a look at numbers of stove bursts cited in the article: "in 2005,
343 women across the state died in kerosene stove explosions; this
year there have been 330 deaths so far." Gujarat has 2,10,41,937
females over the age of 7. There is approximately one stove burst per
1,00,000 females. We can expect that young women, who may not have
much experience using wick or kerosene stoves, will make more serious
mistakes. Again, radical women's advocates have not demonstrated
cause for assuming that every stove burst related death of a woman is
an act of domestic violence.

The author concedes that there is a preponderance of "wick stoves"
which are more likely to explode and adds that, "unusually, by police
figures, in 62 per cent of the cases, the stoves that burst are of
ISI-approved brands." An ISI rating cannot prevent careless misuse of
stoves. Nor can a BIS automobile approval prevent vehicle accidents.
Certainly, an stove accident rate of 1 per 1,00,000 women in Gujarat
does not suggest a level of domestic violence worthy of the wild
claims made by this article parroting the statements of radical
activists.

The author states that "Burns specialists and forensic experts — and
sometimes police officers — say they know most of these cases are
suicides, often in the face of harassment by husbands or in-laws, or
plain murders." Unless burn specialists or forensic experts are able
to interview corpses, it is impossible for them to find that a burn
was a suicide caused by harassment, or a murder. Police are in a
better position to ascertain facts at the scene of the event and
record them for appropriate handling. The public focus should be on
making sure that the police handle suicide investigations properly.
Assuming innocent husbands and in-laws to be criminals or falsely
incriminating them under stringent anti-dowry laws is senseless, and
is destroying families, and placing men, women, and children in
desperate situations that lead to substantially higher rates of
suicide.

Gender-obsessed activists are unable to see that stove bursts happen
to males and females of all ages. Here are a few news items for
example:

http://www.tribuneindia.com/2005/20050705/j&k.htm#5 - Father, son
killed as stove bursts
http://www.thehindubusinessline.com/life/2006/09/08/stories/2006090800110200.htm
- A fire accident that badly disfigured a child's face also helped
bring into the world a skilled plastic surgeon.
http://www.tribuneindia.com/2002/20021130/ldh1.htm - Teenagers, woman
die in stove bursts
http://www.hindu.com/2006/06/09/stories/2006060915260400.htm - Couple
die of burns in stove burst
http://www.hindu.com/2004/02/19/stories/2004021913430300.htm - Four
sustain burns in stove burst
http://newstodaynet.com/25apr/ld5.htm - Succumbs to burn injuries (A
woman dies, husband and child suffer injuries)
http://72.14.209.104/search?q=cache:E_8xt2MYw3wJ:www.newstodaynet.com/250505.htm+stove+burst&hl=en&gl=us&ct=clnk&cd=16
- Stove-burst kills woman
http://www.telegraphindia.com/1040518/asp/calcutta/story_3260616.asp -
Stove burst death (woman in her mid-thirties dies)
http://www.deccanherald.com/deccanherald/nov14/c2.asp - Stove burst
kills teenager
http://www.telegraphindia.com/1050331/asp/calcutta/story_4554978.asp -
Stove burst (14 yr old girl dies)

Mr. Janyala quotes anonymous police officers saying, "But
investigations are stone-walled by the dying declarations which,
police officers say, could have come under pressure or coercion, or
from the woman's unstated fears for her children's future and of
bringing her family a bad name." As stated earlier, it is preposterous
to assume that dying declarations could have come under pressure or
coercion, thus making a serious issue such as domestic violence into a
mere guessing game.

In addition, it has to be noted that, in India, the word of a woman
who is alive and dandy is taken for granted even if she is blatantly
lying and criminal cases are registered against innocent husbands and
in-laws. Why is it that a dying woman's declaration that her husband
and in-laws are innocent not taken to be the truth? Is it that, in
India, only a woman's statements against her own husband and in-laws
will be considered to be the truth? It is absurd that the author is
suggesting that a husband and his family are to be assumed guilty even
when all the evidence suggests otherwise. Is it that an Indian husband
and his relatives are punishable by law by default, and women, police
and judiciary have to diligently work towards that goal?

Mr. Janyala also quotes H.G. Patel, a former superintendent of police,
who investigated about two dozen cases. He does not say when Patel
investigated these two dozen cases. Did he investigate them 20 years
ago? Or did he investigate two dozen cases in his entire career? Are
the two dozen cases of Patel representative of the 300 plus stove
burst related female deaths per year in the state of Gujarat?

Here's another ridiculous assertion, by Dr. Raibagkar, the head of a
burns ward: "Even if the patient doesn't tell us, we know from the
depth and degree of burns, patterns, areas burnt, whether it is
accidental or suicidal." How can one look at burns and be sure to say
if they were "accidental or suicidal", especially if they are all over
the body and the victim is dead? Serious burns all over the body or
the depth of burns depends on the intensity of flames, what the person
was wearing (the garment and the material it is made of), what kind of
things the person was surrounded by and/or what the person did as a
reaction to the fire. Yes, the police should investigate cases but
they do not. Instead, they presume all men and their families to be
guilty (maybe because that is much easier than doing their job of
investigation), and arrest innocent individuals. These arrests and all
the cases of female burn victims are conveniently used as cases of
bride burning by radical feminists in India and abroad, to beef up
statistics of harassment and domestic violence against women, and, to
argue for the existence of horrendous laws that victimize thousands
of innocent men and their relatives.

Finally, the author gives an example of Raman Solanki, whose
daughter-in-law died of burns but made a declaration that her husband
and in-laws were not responsible for her suicide. The woman is said to
have stated that her husband "was having an extra-marital affair and
was harassing her". Nothing is mentioned about how he was harassing
her and what he was harassing her for. Nothing is said about what
section of IPC the husband was booked under. It also appears as though
in-laws can be booked under Indian criminal law just for knowing about
their son's affair. In fact, considering the rate at which false dowry
cases are increasing, it is evident that in-laws are deemed criminals
just for having given birth to a male child or just for sharing a
womb.

I am not sure what the purpose of this article is other than to raise
some sensation in the mind of a reader who has limited ability to
discern. It makes me wonder about the kind of training your
journalists are getting and what kind of social responsibility the
Indian newspapers fulfill in terms of doing some honest and
intelligent reporting. I expect that the editors of Indian Express are
a little more watchful of what kind of articles are being published
and that they maintain the dignity of the profession of journalism.

Thank you,
Uma Challa

Renuka Chaudhary : I have such pity for men

2006-12-02T22:03:00.000-08:00

Act won't hit good hubbies: Renuka

On the live interview with Karan Thapar, Renuka Chaudhary says "I have such a pity for men".

Imagine any public figure saying the similar statement for women.

Karan Thapar has totally exposed Ranuka's vicious plans. Men are not safe in their own house.

Indian law allows a women: To implicate any men she 'claimed' to have ever lived with or without marriage, irrespective of when she was divorced, what the divorce decree was.

- Satya

Media will have to wake up and acknowledge that women are equally violent

2006-12-02T21:59:00.000-08:00

Tortured hubbies, victims of 498(A)

Who could you turn to when you say you are harassed by your wife?
How many would be ready to believe you?
Do you know after marriage the rate of suicide of men becomes 3.4 times that of women?

This whole ecosystem is fetched by feminist, contributed by women organizations and funded by every government.

UN rejects the false report about domestic violence in India

2006-12-02T21:54:00.000-08:00

http://mensnewsdaily.com/2006/11/24/un-rejects-un-secretary-general%E2%80%99s-report-on-violence-against-women/

U.N. Rejects Secretary-General’s Report on Violence Against Women
November 24, 2006
Vox Populi, Family, Politics, Feminism
By David R. Usher

Hot off the presses: On Wednesday, the United Nations decided to “note”, but not to “acknowledge” the dangerous Secretary-General’s report on Violence Against Women assembled under the corrupt administration of Kofi Annan. This means that the report will probably not be acted upon.

It appears this took place because of tremendous pressure placed on the United Nations by RADAR and its hundreds of affiliates and co-signatories.

This is a major gain for reformers working diligently to replace senselessly-destructive feminist social frameworks with truly beneficial pro-family solutions. It is also a step forward in achieving a major goal: ending terrorism by world feminists. Radical feminism has been a focal point of the bitter major cultural disagreement between Muslims and the West in recent years.

America must now adopt moderate approaches to gender with respect to social power, law, divorce, and family policy if it wishes to reduce stark cultural tensions that have culminated in radical Muslim attacks on the West. Feminist policies must be ended. Marriage must be restored as the social norm, for this is the only arrangement assuring equal sociall rights and power sharing between men and women.

This event now points directly to the outrageousness of the Violence Against Women Act (VAWA), which was strongly supported by past Democrat and Republican-dominated congresses and presidents.

America is now officially out of step with the world. The new Congress must now substantially revise VAWA. Given the fact there is little worth keeping in VAWA, it would be wiser to redact VAWA entirely and replace it with useful policies recognizing the true etiology of domestic conflict, and targeted towards providing preventive and interventive treatment for the benefit of spouses who request assistance dealing with an abusive partner

complaint letter to WashingtonTimes for their baised article

2006-11-14T10:27:00.000-08:00

Dear Editor,

I am completely shocked and disappointed at the heavily biased article
that was published in your newspaper.
http://www.washingtontimes.com/world/20061113-120817-8603r.htm

It demeans Indian culture in general and Indian men in particular. It
is clearly a propaganda by Indian feminists and the author seems to be
advancing their cause without even verifying the facts.

As an Indian Citizen, I am extremely concerned by the Domestic Violence
Act. The feminist organizations have been hailing this act and
presenting it as empowerment of domestic abuse victims. However, there is no
recourse for men who are victimized in their houses. The law lends itself
to very easy misuse and is a gross violation of human rights of half
the population. The fact is that due to this law, men will be
emotionally, mentally and financially abused. As so delicately put by the
concerned minister Ms. Renuka Chaudhary - "Its now men's turn to suffer".

The fact is that the Indian Domestic Violence law is a skewed law in
which only a WOMAN can file a complaint against a MAN. If a man is a
victim of domestic violence, he has no recourse under the law. Moreover, a
man is legally obligated to pay ANY amount of money that the woman asks
him, otherwise he can be jailed. Moreover, if he asks for a single
penny from her, that is also considered domestic violence. If the couple is
living in a shared household, then the man is responsible for the rent.
The law allows any woman who has lived with any man, in a residence, to
actually occupy the residence any time she wants by claiming domestic
violence. So, a divorced wife or an old live-in partner whom a man has
not seen in a decade can file domestic violence and can actually get to
live in any residence that the couple might have lived in before.
Incredulous ? Insane ? That's exactly what this law is. Please see
references at the end where the minister herself admits some of these
things.

It is clear by the actions Ms. Renuka Chaudhary, that her real agenda
is to legally cripple and victimize men on behalf of radical feminists.
She is vehemently opposed to making the law gender neutral. Her
arguments have been the following - "If men have a problem, they should speak
up" or "it is predominantly the woman who suffers". What confounds me
is that if the law is made gender neutral, it does not take away ANY
benefit from the real women victims of domestic abuse AND it provides help
to male victims as well. The irony is that the Minister herself readily
admits that the law will be misused. So, her solution? "What if this
law is misused ? Every law is misused". Bravo !! So, now the Govt. is
actually encouraging the misue of the law here !! When a well respected
journalist asked her on national television, if innocent men should
suffer before the law is amended, her reply was "Its not a bad idea. I pity
men". Some more comments by Renuka Chaudhary - "If men behave,
they have nothing to fear". But what if the men behave and the women
misbehave ? Today, in urban India, when a woman does not want to be in a
marriage, she promptly files a dowry case along with the divorce and
legally harrasses and extorts money from the innocent husband and his
family after they have been in jail for no crime of theirs. If a woman
wants to walk out of a relationship, there is nothing to dissuade her from
filing false cases and the lawyers actually encourage that.

There are three fundamental problems with the domestic violence law –
a) it is overwhelmingly gender biased in favor of women, b) the
potential for misuse is astounding and c) the definition of domestic violence
is too expansive.

There are degrees of domestic violence and not all conflicts in a
relationship can be termed as domestic violence. This law trivializes the
issue of domestic violence by including minor differences in its realm
and by explicitly denying protection to half of the population.

The law in its current form is grossly inadequate to tackle the problem
of domestic violence. It imposes a lot of responsibility on men,
without giving them rights. On the other hand, it gives lots of rights to
women without requiring them to be responsible. At the very minimum, it
should be made gender neutral, offering protection to both men and women.
Also, provisions for stringent punishments need to be incorporated into
the law to prevent misuse. Moreover, the law needs to be made more
practical by differentiating between various degrees of conflicts and by
unambiguously defining what constitutes domestic violence.

The fact is domestic violence is a serious problem and a neutral and
unprejudiced law is needed to protect the genuine victims of domestic
violence, irrespective of gender. The perpetrators of domestic violence
need to be appropriately punished and dealt with. At the same time,
protection cannot be withheld from real victims for any reason whatsoever,
least of all their gender. One can be certain that there is something
sinister about a law, when it intimidates and instills fear in innocent
people. When a person who has not committed any crime, begins to fear
punishment under the provisions of a law, it is not a law anymore – it is
state sponsored terrorism.

Regards,

Note to the Editor - Most of the voices heard on this topic are of
feminists and of well meaning people who do not understand the law
completely and are just taken in by the propaganda of feminists, without even
realizing it. Empowering women is a noble goal but empowering women by
victimizing men is gross injustice. Please read the law and its
implications as given in the references below. I hope that you will publish my
concerns in your esteemed newspaper

PS : Every comment of Ms Renuka Chaudhary that I have quoted above is
true. I give the references below.

1. Ms. Renuka Chaudhary's video interview on CNN-IBN where she says
that its not a bad idea for men to suffer and "I pity men" . In the
interview, she openly threatens the well respected journalist Mr. Karan
Thapar to "be careful" and at one point even threatens him of domestic
violence.
http://www.ibnlive.com/videos/26051/11_2006/devils_renuka1a/ill-empower-women-chowdhury.html
http://www.ibnlive.com/videos/26051/11_2006/devils_renuka1b/ill-empower-women-chowdhury.html
http://www.ibnlive.com/videos/26051/11_2006/devils_renuka2/ill-empower-women-chowdhury.html
2. Her interview with times of India, where she says "If men have a
problem, they should speak up"
http://timesofindia.indiatimes.com/articleshow/347817.cms
3. Her quote in Hindustan Times, where she opposes making the law
gender neutral so that male vicitms can also seek relief. -
http://epaper.hindustantimes.com/artMailDisp.aspx?article=05_11_2006_001_016&typ=1&pub=47
4. The official law is available here -
http://www.498a.org/contents/general/domesticviolenceact05.pdf
5. An summarized version is available on this news site
http://www.ndtv.com/template/template.asp?fromtimeline=true&id=95405&callid=1&template=womencrime
6. An critique of this law is available here -
http://presentindia.blogspot.com/2006/11/loopholes-in-domestic-violence-bill.html
7. Examples of how this law can be misused are here
http://presentindia.blogspot.com/2006/10/domestic-violence-on-men.html
here http://savemarriages.wordpress.com/
and http://givemejustice.wordpress.com/
8. More information about the law and what people are saying about it
is available here http://www.498a.org/dv.htm
9. Study that shows that in India, women are much more violent then
men.
http://pubpages.unh.edu/~mas2/ID41E2.pdf
10. Even the statistics quoted in your article are potentially fake.
http://www.mediaradar.org./alert20061113.php

DV and 498a - What's next?

2006-11-11T00:19:00.000-08:00

Anyone who has been awake the last two
decades knows how section 498A of IPC has been heavily
misused, dragging innocent men and women into police
stations, lock-ups and courts, thus depriving many
young children of a happy childhood, many youth of
productive careers and many senior citizens of mental
peace in the last leg of their lives.

As if this 498A fiasco is not enough jingoistic
feminists have come up with another Act, along the
same lines of 498A only with larger loopholes waiting
to be used against many more Indian citizens. Many
women who really need
protection from Domestic Violence will probably never
know about it and even if they do, never use it. This
law will be yet another weapon in the hands of
unscrupulous women who will misuse it at the slightest
opportunity.

In a society where men and women live
together what affects one affects the other. When a
man is thrown out of his own house under true or false
allegations of domestic violence or cruelty everyone
who is dependent on him is bound to suffer. That will
include dependent parents and siblings who can be male
or female. It is unfair enough to penalize an entire
family even if an accused man is truly abusive. Unfair
is a subtle word to describe a situation in which an
innocent man, along with his family, is tortured by
misuse of law. Injustice is a subtle word to describe
how women, who commit perjury and harass families for
years on end go unpunished.

Many men suffer in silence in India unable to meet the
unending financial and emotional needs of their wives.
Some of them even face physical violence. This section
of the Indian population is completely missed by the
radar either intentionally or because men are too
embarrassed to admit their misery lest they be labeled
as sissies who cannot fix problems in their homes. On
the other hand many a men who belong to this category
are facing threats or fighting false cases filed
against them by their wives.

Domestic violence is committed by men and women and it
is not always directed against the opposite sex. This
is even more true considering the wide range of areas
covered by the Domestic Violence Act. Where do
husbands harassed by wives seek retribution? Where do
women harassed by their daughters-in-law or
sisters-in-law seek protection? In fact every family
that has so far been falsely accused and tormented in
the name of Section 498A has been subjected to
Domestic Violence as defined by the law. The only
catch is that not everyone is covered by the law. On
the other hand, victims of Domestic Violence are ever
more vulnerable and at risk of being legally harassed
by thoughtless women.

A lot of people cite official statistics of dowry and
other kinds
of harassment to support anti-dowry laws and DV act in
their current form. Come to think of it, who has
collected this data? How have they collected it? And
who has checked their validity? Very often the number
of cases that are filed in police stations or courts
are the basis for the official statistics of dowry
harassment. So, if you make a law that gives women
unlimited scope to fabricate lies and get away with
perjury and if women keep filing false cases then the
statistics will always be on the rise. Then you can
argue more strongly in support of your own hypothesis
and the need for biased laws.

Thousands
of cases are rotting without trial for years under
section 498a...False cases that have been filed
against men AND WOMEN who are being tormented by the
police and courts as we speak. And when all these
victims of misuse of law get acquitted will those
statistics be publicized to support the introduction
of new laws that punish women who are abusing laws?

Apart from all the pain and suffering endured by
victims the society incurs a huge cost because of
false cases. Right now India is busy filling up
lock-ups and courts with innocent citizens who could
otherwise have spent their time to add to the
productivity of the country. In addition, frivolous
lawsuits that drag on for years distract attention
from real crime that needs to be addressed
immediately.

sad state of affairs, It is India, not eutopia

2006-11-02T22:28:00.000-08:00

When Dowry Prohibition act was enacted (DP), prohibition officers
were supposed to be appointed by respective state governments. Even
SC has time and again reiterated that prohibition officers are to be
appointed so that police doesnt get involved directly and wreck any
marriages/family which can be saved by prohibition officers which is
a civilian post. This DP act was enacted about 20 years ago and still
no prohibition officers are appointed by any state govts. These
prohibition officers are supposed to call both sides, find the truth
and recommend to police if really/prima facie there exist demands for
dowry/harassment for dowry. Very recently even Madras High court CJ
has given a stay for all dowry related complaints. (Subsequently it
was vacated by the SC)

When the experience is such for the DP act itself which was enacted
20 years ago, will respective State Govts. appoint Protection
officers for DV act so fast??

Kiran bedi and many other feminists on the TV say that this DV will
ensure speedy justice for women in the form of residence orders,
economic relief etc. (The provision in DV being any complaint by the
women to be settled by the magistrate within 60 days and within 3
days notice has to be sent by the court to the husbands and his
family)

Spare a thought to the Magistrates and Judges for the kind of load
they are already carrying. Now add the DV alongwith this.

The need of the hour is more magistrates/judges/presiding officers
and more infrastructure for new court/additional court buildings.
Maybe the courts should work in 2 shifts as suggested by our CJI,
appoint retired judges/magistrates to try out cases on
Saturdays/sundays if they are interested and fit.

Crappy and politically motivated: Domestic Violence bill

2006-11-01T00:17:00.000-08:00

Comments from one of the concerned individual about the new "Domestic Violence bill" in India.

I am really not getting what is happening here. But, I
can feel that persons are discussing about the newly
implemented DV Law. I also like to share something.
Just going through point to point:

1.) This Law seems that against the women community.
It will create more problems and uncertain life for
them.

2.) It seems that few women who couldn't save her
families and later on when they have got the power,
so, now they are trying to destroy other families.

3.) It is the crap created by this government without
knowing it's real problems. Very simple thinking, in
this world family is the smallest unit considered and
in this smallest unit, husband and wife relation is
the smallest of the smallest. Government has put the
law in this smallest unit too. Is this a right
thing???

4.) A small small problems between husband and wife
which, are easily solved by their mutual love and
understanding. Now, it will directly go for the
divorce (e.g. breaking the family and in turn to
affect the children which are the coming generation of
this country).

5.) This law completely looks politicaly motivated
and has been implemented to get the vote/favour of
innocent women.

6.) First these politicians have tried to break this
society/country on the basis of religion after that on
the basis of caste and now on the basis of gender.

7.) One very important aspect which, has not been
considered at all by those law makers before
implementing this law is, in spite of the
implementation of stringent laws like 498a and few
others since long time , still crime against women is
increasing by 40% every year. Have these people
thought over this point why it is still worsening???
This result itself says, law like this will not at all
help to solve the problem rather worse the problem.

8.) This law will create more problem in the marriage
of those girls who are little bit adavnce or well
educated or somewhat more egoistic. Because, this law
has not left any space between husband and wife to
solve their small small conflicts. Now, if girl's
parent will see that boys are more inclined towards a
well mannered, softly, less advance or hi-fi and cool
mind set girls then, they will be forced to keep their
girls at home rather than to send to convent or to
distant places for study. Psychology says that
confidence in a person always comes along with little
bit of the ego too.

9.) I will only say, male and female both should be
considered that both are natures beautiful creation
and created by nature to live in harmony and create
harmony and peace for others. Men should also realise
the importance of women and vice versa. I know that
crime against women are more. But, this will not go by
forcing a mind rather it will go by changing the mind
set. FOr this, to create awareness among male and
female are very very important. I think, forcing the
men mind will only worse the problem rather than to
solve it.

10.) We should not think that a problem which, is
coming since long time will be solved by overnight by
making these kind of laws. It will take it's own time.
If someone thinks, it is a overnight work it is simply
unprofessional, immature and impractical thinking.

11.) These politicians are not able or have not guts
to create the awareness among people so, they are
implementing these kind of laws. They are simply
running away from there basic duties.

12.) It is almost sure that these laws again will be
misused by well educated, advance, egoistic, bad
mannered girls more. This law which, has been made
mainly to target the problems in rural or suburban
areas or low class people will hardly get any response
from them. Rather it will be misused by greedy wives,
bad mannered girls etc.

13.) At last, I will only say and pray to males and
females of this country to understand the politics
behind this. It would be better if both (specially
men) should respect each others wishes, emotions and
feelings. And, live with love, affection and caring
for each other. Men in no way to beat or slap his
wives rather understand her and convince her with your
words. And, also listen her concerns.
Men should think that we are living in a civilized
society and in a civilized society MEN and WOMEN both
should grow equally. There are no differences between
MALE and FEMALE.

Regards
Raj

UN Violence Report is 'junk science' and utterly biased against men

2006-10-29T22:04:00.000-08:00

UN Violence Report Criticized as Deliberately Biased
October 23, 2006

Contact: David Usher: 314-452-2297
eMail: info@mediaradar.org
www.mediaradar.org

Rockville, MD – Leading family violence researchers around the world are disputing the partner violence conclusions of the recent United Nations report, Secretary-General’s Study on Violence Against Women. The UN study probes the issue of violence directed against women and recommends strategies to combat abuse.

But leading scientists say the report’s approach to partner abuse is fundamentally flawed, and its recommended solutions will not solve the problem of partner aggression.

Dr. Murray Straus, co-director of the Family Research Laboratory at the University of New Hampshire, notes, “The UN report’s discussion on domestic violence is biased because it deliberately ignores half the problem – female perpetrators. Ending violence against women by male partners is not going to be achieved until women also desist.”

Felicity Goodyear-Smith, a physician-researcher at the University of Auckland in New Zealand, believes men and women alike are ill-served by the report: “Studies consistently show that throughout the Western world, men and women initiate physical violence at about equal rates, and frequently partner violence is reciprocal. Portraying inter-partner violence as though it only involves male perpetrators and female victims does both men and women a disservice.”

Donald Dutton, professor of psychology at the University of British Columbia believes many studies of intimate partner abuse do not meet even minimum standards of scientific validity: “Much domestic violence research conducted in North America has been so biased that it might be called ‘junk science.’ It has used selective data and interpreted results in a way that depicts all males as real or potential perpetrators, while downplaying female violence.”

Nicola Graham-Kevan, PhD, senior lecturer at the University of Central Lancashire in England, believes that following the report’s recommendations will only allow the problem of spousal abuse to persist: “Research on intimate partner violence consistently finds that men and women use similar types of aggression. By ignoring the mutual nature of much partner violence, the UN ensures that both women and men will continue to be victimised in this way.”

Nearly 200 studies around the world show that men and women are equally likely to engage in partner aggression: www.csulb.edu/~mfiebert/assault.htm . Psychologist John Archer has reported that 38% of persons injured by domestic violence are male...

Based on this news, I would ask that you take action.
For those of us here in the States, please email usa@un.int , and please express your regret that the UN report only told one side of the story. And please respectfully inform the UN that we need an updated, thorough, and accurate revision as soon as possible.

Thanks for reading!

Letter to supreme court

2006-10-25T13:00:00.000-07:00

To,

The Regstrar General,
Supreme Court of India,
Tilak Marg,New Delhi
(With a request to place this letter beforethe honourable CJI and
other judges)

Sub. :Restoration of peace and tranquility in Indian families

Respected Sir,
This to submit that there is continuous exponential growth of
suicide in India in which family problem is the biggest cause. Also
there is continuous exponential growth of matrimonial litigations in
India both civil and criminal. These are objective facts and are
matters of government record and need no proof.
2. Consequently.these two phenomena prove that there is severe
social disorganisation in India.
3. It is,therefore,needless to mention that all the three pillars of
society- legislation, judiciary and executive are not effective to
maintain peace and tranquility in the Indian families. Hence, this
appeal is preferred to invite attention of all concerned for the
restorarion of peace and tranquility in Indian families.

4.I am making this appeal after a lots of observations of the
Honorable
Courts' decisions and directions to the government, articles in
various news papers and magazines and my own observations on
deterorating condition of Indian families.
It's very well known to all the above that now a days apart from
conventional civil matters criminal proceedings are created out of
blue.To keep her husband in-laws under her toes a married woman not
only threatens them to send to jail but virtually she does so. If a
lady
has some illicit relations and is caught red handed, she would
threaten
the husband to either keep quite or be ready to undergo the criminal
proceedings. If the girl's parents interfere more than reasonable in
the family matters and the boy objects, they threaten to book him
under
criminal proceedings. This is thanks to softness towards women
despite their nefarious activities that are against their family
obligations.. Occaisionally honorable
courts have also experienced this and have given some decisions
stating
these facts. But unfortunately, these court instructions are not
sufficient enough for the need of the hour. So as a concerned
citizen of India I submit below my concerns for the consideration of
legislation, judiciary and executive to restore peace and
tranquility in the indian families.

5.The DV Act is more than 20 years old today and certainly needs
revision
because of it's nature. Women and their families today are using
this act to satisfy their ego. By the amendment anti-family
propaganda must be censored.

6. Article 21 of the constitution guaratees dignified life. But as
it is clear by now that hardly less than 2% cases under section 498A
IPC end in conviction. Therefore, lakhs of innocent people are
rendered to indignity because of this law. Unfortunately this
provision is applied even before marriage and after divorce also
which makes it sure that WIFE means Worry Invited For Ever.
Therefore, a pre-registration invesigation be made mandatory on
family matters.

7· What caused the legislation not to review the Acts passed
more than 20 years ago?

If the situations have not changed even and even deteriorated
after 20+ years
then it should be clear that the laws aren't good enough and
aren't working to make the things better.

· What caused the parliament to believe that husbands and in-laws are
worse than the terrorists? The parliament removed TADA and POTA
stating that
it can be misused and no innocent should be punished, but when it
came
to families their opinion changed. Why? Neither the husbands nor
their
families are hardcore criminals. Thus it should be dealt accordingly,
whereas it is done just opposite at the moment.

What caused the parliament to believe that a woman
can't lie, especially if she is a married and alleging against her
husband and in-laws?

· Even though the Supreme Court verdicts the 498a as a Legal
Terrorism in India, it wasn't sufficient enough for the Parliament
to awake. Why?

· What caused the Parliament to have biased laws? Why is
there assumptions made on behalf of gender, caste or religion? All
these
laws superseded the fundamental rights of Indian Citizens. Also,
these
laws superseded the basics of law in India is that no innocent should
suffer. It is of lot of concern for the legislation,judiciary and
executive.

· What caused the govt. to ignore the Mallimath Committee
report? If they were already of some pre mind set, then why did the
waste public money?

· Constitution says that nothing stops the parliament to
make provisions for the betterment of backward classes and weaker sex
(females). Reservation in our country is a provision to uplift the
backward classes and the weaker sex. But 498a is not a provision,
it's a criminal law and constitution does not allow that. There has
to be a difference between a criminal law and a provision. A
provision
can't land a family in jail, male, female children and old for no
reason, just because a girl says
that she was harassed. It's a serious matter to be looked into by
the all three pillars of the society. I would request the honorable
court to put a stay
on this law and get this law removed or changed so it justifies with
all
the Indian citizens irrespective of gender or caste.

· Why haven't government looked into the matters, even
after knowing that the Women Cells aren't of any use and are just
working for extorting money from innocent people?

· The statistics of 498a cases tells that it's been
heavily misused, then why haven't parliament added a provision to
the law to punish the false complainants?

· If parliament would collect the statistics of all the 498a
cases, they would come to know that :

o Only 2% were actually convicted

o Most of the cases settled after the lady took huge amount of
money from their husbands

o Majority of cases were found false by the courts

Hence our matters of concerns are as below:

· Why parliament is not looking into this severe matter
which is causing a lot of damage to our society?

· If the case has to be settled after taking money, then why
the filing of case. Please mind, it's a criminal offence and no
crime can be settled by money, or can it be? Then, why the cases were
settled after taking money? It should be banned, that this case
can't be settled by taking money and if the girl later on tries to
take back the case, she should be punished for lodging a false
complaint.

· Why haven't parliament created a law to stop any kind
of gift exchange to avoid the consequences later on? What has caused
the
parliament to believe that if claimed, all the gifts given to the
lady
are always Dowry? And if so, then it should be banned. Then why is
there
a provision of "Stri Dhan"?

· Why is there no right to the men for the same?

· Divorce to be settled only after the 498a proceedings are
over. Also, because of it's nature proceedings should be fast and it
should be done at the earliest.

· Why are these feminists given such freedom to interfere in
Indian judicial system? And why is parliament working under their
pressure? Their work is to make the government aware of the facts
and to
work at ground levels to make the things better for the women but not
pressurize the parliament to make any biased laws and spreading wrong
message in public to use the laws to settle their personal scores.

· It is of grave concern that a
girl goes to police and says that her husband and his family are
harassing her for dowry, and just the words are more than enough to
send
the husband and his family to jail. Now its husband and his family
who have
to prove their innocence. Please suggest the ways how to prove their
innocence? If the husband would record the conversation or record the
daily activities, would it be justified? Isn't this something which
can cause a disbelief in husband and his family's mind? Or should
husband send a private detective after the girl? Is that fine? If you
also agree with me that everyone should have freedom, then how a man
can
prove his innocence? If it can't be proven and a husband has be
punished then why this court proceedings and all this humiliation?
Just
send them jail. It's a family matter and should be kept within the
family. If anyone has an issue, they can always apart. Why is govt.
so
much interested to spy in our family matters? If govt. argues that
since
it's a family matter and is difficult to prove and that's why
this is non-bailable then we would counter this by only one statement
that it's vice-versa. If girl can't prove this then it's
same with the boy. In this whole episode of proceeding the elders and
children have to go through severe mental trauma and abuses. It
should
be stopped with the immediate effect. US govt. has a caution printed
when applied for VISA for India (its about 498a). This is also not
enough to make the parliament to awake. I would like to ask, what
can be
done to awake the parliament.

Above all I again would invite your attention to the fact that this
law
supersedes the basics of Indian constitution and thus should be made
null and void.

We seek some sincere efforts from the all the three pillars to save
the
society from this draconian law.

8.Sincere apologies for any mistake in the letter as I am n't legal
expert . But I just felt that since it's a
matter of great concern for our society, it becomes the moral
responsibility of us, the Indian citizens to bring this matter into
the
notice of three pillars to save the society.
9. Finally, this is to submit that promoting scientific temper is
our findamental duty under Article 51A of the Constitution of India.
It is scentific to say that married women can be as cruel as any
body else and so also they can be as kind as all the rest. So
presuming that no married woman can be cruel and only her husband
and in-lwas can be cruel lacks scientific temper. So it is submitted
that all the three pillars may demonostrate scientific temper as
expected by our constitution and set all the family laws right to
restore peace and tranquility in the Indian families.

10.Looking forward to sincere efforts from all the three pillars of
the society.

Thanks and Regards.

False dowry case ample ground for divorce: HC (Delhi)

2006-10-24T14:37:00.000-07:00

False dowry case ample ground for divorce: HC (Delhi)
Times of India dated 2nd Feb 2005.
By Bhadra Sinha/TNN
New Delhi: In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage. The court granted divorce to a man who alleged mental cruelty by his wife.
With this order, Justice O P Dwivedi disposed of a four-year-old petition in which a woman had challenged a lower court¢s order permitting divorce to the husband. Mita Jain (name changed) admitted during the proceedings that she had filed a false case of dowry against her husband, in-laws and their relatives in Meerut.
As a result of the false complaint, the husband and relatives were in jail for 10 days. The court construed this to be an instance of cruelty. It also concluded against that Mita¢s acceptance of Rs 5.25 lakh as a final settlement for divorce was an unfair act.
After receiving the payment, Mita gave a statement before Meerut¢s chief judicial magistrate in which she admitted that the dowry case against her husband was false. Yet she refused to give divorce.
¡¡The act of the woman in filing a false case was not based on true facts. It clearly amounts to cruelty. Not only did she receive Rs 35,000 and Kisan Vikas Patras, she resiled from her agreement and did not sign papers of divorce,¢¢ said Justice Dwivedi.
In 1999, the lower court had passed an order in favour of Mita¢s husband who claimed his wife had been mentally harassing her since 1993, the year when they left the family home to live separately. According to him, she once attempted to get a false case registered against him.
The lower court observed in its order that things went wrong between the two after they started staying in a rented accommodation. ¡¡As per the averments of the husband, the wife refused to cook meals for some of his friends whom he had invited for a party on his birthday,¢¢ the judge had said.

Full text of the Delhi HC judgment
IN THE HIGH COURT OF DELHI AT NEW DELHI

FAO 67/2000

Smt. Pinki Jain ... Appellant.
Through: Mr. Gopal Narain Aggarwal, Advocate

Vs.

Sh. Sanjay Jain ... Respondent.
Through:Mr.Narinder Kaushik, Advocate

DATE OF RESERVE: 12-01-2005
DATE OF ORDER: 31-01-2005
CORAM:

31.01.2005

HON'BLE MR.JUSTICE O.P.DWIVEDI

1.Whether Reporters of Local papers may be allowed to see the
judgment ?
2.To be referred to the Reporter or not ? Yes
3.Whether the judgment should be reported in the Digest ?

O.P. DWIVEDI J.
This appeal is directed against the order dated 24.12.99 passed by the learned Additional District Judge whereby respondent-husband's petition under section 13 (1) (ia) of the Hindu Marriage Act, 1955 ( for short the 'Act') seeking dissolution of marriage by a decree of divorce on the ground of cruelty has been allowed.
Various instances of cruelty alleged by the respondent have been detailed in para No. 4 (i) to (xxii) of the impugned judgment.
In the written statement appellant-wife controverted the allegations made by the respondent husband and further alleged that
petition has been filed because the appellant did not satisfy the respondent's greed for more and more dowry. In support of their respective versions, the respondent husband examined himself as PW-1 and appellant wife examined herself as RW-1. After coisidering the material on record, learned Additional District Judge came to the conclusion that the appellant wife had lodged a false complaint at Meerut on the basis of which a case was registered in the Court of CJM, Meerut under section 147/149/498-A/33/504/506 IPC read with section 3 and 4 of Dowry Prohibition Act regarding allegations of harassment for dowry. Police arrested the respondent husband, his father and uncle. They remained in jail for about ten days. Even their bail application was strogly opposed by the appellant. Ultimately a mutual settlement was arrived at between the parties under which the appellant agreed to receive Rs. 5,25,000/- towards full and final settlement for divorce by mutual consent. She also
received Kisan Vikas Patra valuing Rs. 3 lakh, Rs. 35,000/- in cash and the balance amount of Rs.1,90,000/- was to be paid by way of two FDR's in the sum of Rs.95,000/- each in the name of son and daughter who were being looked after by the appellant. Terms of the settlement are contained in the agreement Ex. PW-1/A. The appellant and her brother appeared as witness before the CJM but did not support the prosecution case and were declared hostile. Ultimately respondent husband and other co-accused persons were acquitted by
he CJM vide order dated 6.6.95 (certified copy PW-1/B). After receiving Kisan Vikas Patra for Rs. 3 lakh and Rs. 35,000/- in cash, the appellant resiled from the settlement and did not agree for divorce by mutual consent. This according to the learned. Additional District Judge is a clear instance of cruelty. As regards other instances of cruelty enumerated in the petition, the learned Additional District Judge appears to have been inclined to accept the husband's version because the appellant wife did not examine her relations in whose presence some of the incidents of cruelty allegedly took place. As per allegations made in the petition corroborated by the statement of the respondent-husband, the incident of December 1989 when the parties had gone to Mahabirji, the appellant had insulted respondent in presence of her brother Arun Kumar and brother in law Padam Chand Jain. The incident dated February 1990 when the appellant allegedly insulted and abused the respondent
happened in presence of Padam hand Jain in hotel Claridge. According to the husband, the brother and father of the appellant were called on several occasions to advice the appellant to behave properly but instead of advising the appellant they insisted that husband should shift to Brut and settle down there to which husband did not agree. It was further alleged that in July 1993 the sister-in-law of the appellant came to reside with the parties for about 10 to 12 days and in her presence also appellant's insulting behavior continued. The appellant allegedly tried to commit suicide during that period. From the impugned order it appears that, the learned Additional District Judge was inclined to accept the statement of the husband regarding these incidents because appellant wife did not examine her relations in whose presence these incidents allegedly took place.
Learned counsel for the appellant vehemently contended that the burden of proof lay on the husband who has filed divorce petition to prove alleged instances of cruelty and the failure of appellant to examine her relations cannot be taken to be a factor against appellant nor respondent's case gets strengthened just because appellant did not examine her relations. Reference in this contention was made to:- Sm. Bijoli Choudhury Vs. Sukomal Choudhury-AIR 1979 Calcutta 87; Moran Mar Basselios Catholicos and another Vs. Most Rev. Mar Poulose Athanasius and others- AIR 1954 S.C. 526; Sankar Kumar and another Vs. Mohanlal Sharma- AIR 1998 Orissa 117; and M/s Roy and Co. and another Vs. Sm. Nani Bala Dey and others; AIR 1970 Calcutta 50. Further contention of learned counsel for the appellant is that many other instances of cruelty allegedly took place in presence of some relations of the husband but he too did not examine any of them e.g the incident at Nainital allegedly occurred
in presence of his friend Amar Jain. The incident dated 30.6.89 when appellant allegedly insulted the respondent for not brining a decent gift at the time of her B'day allegedly took place in presence of relations of the respondent husband. But none of them have been examined.
he four arbitrators, the people from the biradari namely Harish Chand Jain, Mahipal Jain, Pawan Kumar Jain and Rajinder Kumar Jain have also not been examined by the respondent husband. The incident dated 31.12.91 allegedly took place in presence of Mohini, Bhabhi of the husband. The instance of January 1993, when the appellant allegedly abused the father of the husband took place in the presence of the father of the respondent but he has also not been examined. Learned counsel for the appellant contended that when no adverse inference has been drawn against the respondent husband for not examining his close friends and near relations on various allegations of cruelty, the same approach should have been adopted while assessing the effect of the appellant's failure to examine her friends and relations. This argument carries weight. No implicit faith can be reposed in the testimony of the either party in such litigation when parties are inclined to make wild allegations
against each other. It is important to note that after their marriage in January 1988, parties resided in the matrimonial home i.e House No. 2159, Gali No.9, Kailash Nagar, New Delhi, up to August 1993. Their three children, born in 1989, 1991 and 1993 were all born in this very house. The parties took separate rented accommodation only in August 1993.Even cantankerous ladies are normally accepted in the family fold if they bear a male child. In the present case male child was born on 18.6.93 after the birth of two daughters. When the parties continued to reside in matrimonial home for years together, cohabited and produced three children from the wedlock the inference that the alleged acts of cruelty which took place before 18.6.93 were condoned can be safely drawn. It is obvious that something went seriously wrong with the parties during their stay in the rented accommodation at Yamuna Vihar in August-September 1993. As per the averments made in the petition and the
statement of the respondent husband the appellant refused to cook meals for some friends whom he had invited for a party on the occasion of his B'day on 15.8.93 and then on 13.9.93 the appellant allegedly poured kerosene oil on her and raised hue and cry. These averments have been denied by the appellant and there is no independent evidence to corroborate solitary statement of the respondent husband. But one single instance of cruelty which stands admitted between the parties takes the wind out of appellant's sails. Admittedly, appellant wife had lodged a complaint at Meerut on the basis of which a case was registered in the Court of CJM, Meerut under section 147/149/498-A/323/504/506 IPC read with section 3 and 4 of Dowry Prohibition Act making false allegations of torture for dowry against her husband, father-in-law and other relations of the husband. It is also admitted between the parties that Police arrested the respondent, his father and uncle. They remained in jail
for about ten days. It is further admitted that some settlement for divorce by mutual content was arrived at between the parties vide PW-1/A under which the appellant agreed to receive Rs. 5,25,000/- towards full and final settlement for divorce by mutual consent. It is further admitted that the appellant received Kisan Vikas Patra amounting to Rs. 3 lakh and Rs. 35,000/- in cash and the balance amount of Rs.1,90,000/- was to be paid at the time of filing joint petition for divorce by way of two FDR's in the sum of Rs.95,000/- each in the name of son and daughter who are living with the apellant. These subsequent events can very well be taken into consideration as facts are admitted between the parties. The statements of the appellant and his brother were recorded before the CJM wherein it was admitted that the complaint was not based on true facts. The act of the appellant in filing a false complaint case and getting her husband and other in-laws arrested clearly amounts
to cruelty. The statement of the appellant and her brother before CJM points towards falsity of the complaint. Not only that she received Rs. 35,000/- and kisan vikas patra for Rs.3 lakh long back in the year 1994. Yet she resiled from the agreement and did not sign papers of divorce. In the case of GVN Kameswara Rao Vs. G. Jabilli- (2002) 2 SCC 296, Supreme Court taking note of its earlier decision in the case of (1994) 1 SCC 337, V. Bhagat Vs. D. Bhagat, observed that :-

¡¡ Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. It is not necessary to drove that the mental cruelty is such as to cause injury to the health of the petitioner. While arriving at such conclusion, regard must be had to the social status, educational level of the parties, the society they move in, the possibility or otherwise of the parties ever living together in case they are already living apart and all other relevant facts and circumstances which it is neither possible nor desirable to set out exhaustively. What is cruelty in one case may
not amount to cruelty in another case. It is a matter to be determined in each case having regard to the facts and circumstances of that case. If it is a case of accusations and allegations, regard must also be had to the context in which they were made.¢¡

In that case it was found on facts that wife made a false complaint to the police which reflected adversely on the husband's reputation in the society. Marriage of the parties had broken down. The apex court, therefore, allowed the appeal and granted divorce. In the present case, the situation is still worse. Not only the wife made a false complain and got the husband and other in-laws arrested, she also took money and then resiled from the agreement. Admittedly, the husband and wife are living separately since September 1993. Learned Additional District Judge took note of this conduct of the appellant and held that it clearly amounts to an act of cruelty.
Taking over all view of the matter, I think, learned Additional District Judge has rightly allowed the petition and passed a decree of divorce under sections 13 (1) (ia) of the Act in favour of the respondent-husband. I am not inclined to take a different view in the matter.
In the result, this FAO 67/2000 filed under section 28 of the Act against the impugned order dated 24.12.1999 fails and is hereby dismissed. All pending applications also stand disposed of.

January 31, 2005 O.P.DWIVEDI J.
kb

reply to editor of eenadu.net

2006-10-23T20:38:00.000-07:00

Dear Editor,
The article mentioned in the subject talks about NRI men cheating after marrying indian women. I would like to bring to your notice that the article is flawed in its reasoning and seems to serve a hate-NRI propaganda. While I agree that there are cheaters in all sections of the society (including NRIs), it is obvious that a thorough and two-sided investigation and reporting has not been done by the team responsible for writing this story.

I would like to bring the following points to your notice:

1) If Anil had sent a visa for his wife, why did his wife not go to the US? The article says he did not respond after that and also says that she realized that she got cheated after reading one of Anil's emails. The article fails to mention what efforts are made by the girl in contacting him and what made her feel that she got cheated. The article also fails to mention the mode of his cheating - adultery, polygamy, dowry etc and whether there is a solid proof for that. How can a respected publication levy cheating charges without any of this information?

Instead, the real story could be something like this. Since NRIs stay far away from India, there are very limited options using which one can search for a wife. One such option is the internet. However as the article clearly mentioned, it is not always reliable as one does not have enough information about a person's background. The shortage of options is forcing NRIs to take a great risk. It is possible that the girl and her parents are interested only in money. Given this, NRIs are the most easy targets. Why? If the NRI is gullible, they can use him and his money for all their selfish needs. He is like the golden duck. If he is not, the girl can shed crocodile tears and implicate the guy with a false 498a and demand loads of money legally! It is possible that the wicked plans of the girl and her parents did not work on Anil and so they decided to take the alternate route. She might have decided not to go to the US and to stay in india and wait for Anil to show up. When he comes to India to visit family, the unsuspecting guy could have been caught and put behind bars. This could be the real story. We will not know unless you talk to both the parties and examine the facts. Was there any effort made by the eenadu team to talk to Anil?

I am sure you must be aware of the wide spread misuse of 498a and how easy it is to file a case under this law. You don't need any proof to file this type of case which can result in arresting the guy and his relatives. You have mentioned in your article that there is an increasing number of cases being filed, but have you looked at how many of these cases get proven in court? There are reports that 98% of such cases are dismissed in court. Given all this information, who should get the benefit of doubt? 98% or 2%?

2) In the same article, you had also mentioned that Kishore demanded for money in order to get a spouse visa instead of a fiance visa. I am not contesting the fact that he might have been married twice. It could be the case. However, my point is not relaed to that. Are you aware that US immigration laws for bringing spouses to the US are stricter and time consuming if you are permenant resident (green card holder) or a citizen? This is not the same for non-immigrant visa (F1, H1 etc) holders who can bring their spouses immediately on dependent visas. As far as I know, there is no way for a permenant resident or a citizen to bring spouses to the US other than sponsoring the spouse for a green card. The green card process takes a very long time and can be more than a few years depending on the case. So a lot of people do bring their spouses intermittently on a fiance visa. So the guy could not have provided any other visa other than a fiance visa given the circumstances. Also, is there proof that he demanded money? Again, was any effort made by the eenadu team to talk to Kishore?

3) You had also mentioned the story of a guy and a girl who got married after they met in the US. This girl had come to the US on her own and, I believe, has her own career. Your article says that the girl wanted to leave him and come to India and he filed a case against her for this reason. Also, the article says he harrased her. The US laws are very strict on domestic violence issues. Why did not she lodge a complaint in the US against him? Also, she could have just left him and stayed separately. He cannot force her to stay with him and there is no equivalent of RCR here. If your marriage is on the rocks and your spouse deserts you, there is nothing the other spouse can do other than file for a divorce. So why did she have to leave for India? If it had come to the extent that she has to leave for India, is she not better off taking a divorce and moving on with her life and career in the US itself? My point is there is no reason for her to come to India. Also, if we assume that she had taken a domestic role and had quit her job after marriage, the family court takes that into account while issuing a divorce and requires the guy to pay for alimony for a reasonable period of time until she can get back to her career. Why did she not explore those options? Why did not the eenadu team ask her these questions?

It is a pity that a renowned publication is writing stories without contacting and covering both sides of the story. I have a high regard for your publication but articles like this are questioning my opinion. Further, the article did not show any journalistic professionalism by revealing the true names of the people involved. This causes great damage to the reputation and career of those people whose cases are still in the courts and are not convicted. Further, the article showed double standards by revealing only the names of the guys and their relatives while keeping the names of the girls undisclosed.

I would urge you to treat this matter with utmost priority and take necessary action. I would also urge you to assign a team to investigate the misuse of 498a and related laws in our society today.

Thank you very much.

Best Regards,
Sandeep

P.S: I have included the link for the article mentioned above.
http://www.eenadu.net/archives/archive-15-10-2006/district/districtshow1.asp?dis=hyderabad#14

A COMPREHENSIVE REPORT ON THE MISUSE OF ANTI-DOWRY LAWS IN MARITAL DISPUTES

2006-08-22T00:19:00.000-07:00

A COMPREHENSIVE REPORT ON THE MISUSE OF ANTI-DOWRY LAWS IN MARITAL DISPUTES

Save Indian Family Foundation and Pariwarik Suraksha Sanstha, NGO
http://saveindianfamily.org, http://pariwariksuraksha.org
Email: nkumar48@yahooo.com

Misuse of Anti-Dowry laws by wives to blackmail husbands
It has become a custom in India that a lot of social and legal concerns are expressed for wives in cases of matrimonial disputes, but husbands and their family members are totally ignored.

Social & Legal Systems take for granted the notion that the Indian husband, his relatives and friends harass his wife, and ignore the instances where it is the wife and her relatives who harass the husband. There are special laws that provide for women who claim to be harassed but not for men. Men who seek to fight back against such harassment find that they have also to fight the systemic bias of the governments, the police and the courts against them. India has a long and ancient tradition of entrenched and dominant women perpetrating harassment of men, and this has only grown worse as the norms of Indian Society has evolved from the Joint Family to the Nuclear Family, making the husband, his parents and other relatives more susceptible to domestic violence.

The Assumption of the Law that in a given marital dispute, domestic violence happens only to a wife in unfair and in violation of the basic principles of justice. In a typical situation, a wife could act cruel to her husband physically, mentally or by her anti-social behavior. As in most Indian families, the husband’s parents live with him, so the wife can be also cruel to them. In such circumstances, many husbands and their old parents have committed suicide after being abused by everyone including the police, the courts and the civil authorities. The vast majority of cases where the wife and her aides are guilty of harassment and more go unpunished due to limitations in our laws and social values.

Traditionally, in India, a newly married woman was expected to be quiet and submissive to her husband and his relatives, but principally with his mother, sisters and sisters-in-law, with a clear hierarchy operating among the womenfolk. While in name, a Patriarchy, the Indian family has traditionally been a Matriarchy. For all its faults, however, the hierarchy also helped newcomers to adjust and provided for their mental and physical comfort at all times. The aim has always been to provide for the needs of all members of the household without exception. However, under pressures of modernity, this norm has fractured.

The modern norm is the Nuclear Family, and it is not unheard of for husband and wife to combine against the husband’s aged parents, to harass them to move out and to force them to live in the streets or in old-age homes. Moreover, women are now taught not to submit and insist on their rights.

When two or more people live together, each of them cannot behave as a commander-in-chief. Someone has to yield to the other. In most marriages, husband and wives make sacrifices in order to adjust to each other. However, when both insist on their rights, acting as independent and sovereign countries, clashes are bound to develop. Due to this, even a small thing can degenerate into a major quarrel. When their views and ideas don't match, such couples will quarrel on trifling topics. Verbal abuse and a refusal to adjust to each other feeds on itself in a vicious circle, increasing misunderstanding between the couple, so that they come to categorically reject each other's ways and no longer wish to live together.

The modern trend is for the wife and her relatives to pressurize the husband to separate from his parents and live apart in a nuclear family setup. In some cases, this is not acceptable to the husband for good reasons, such as being the only person who really loves and cares for his parents, even if he has other brothers and sisters who could do it, but who are indifferent to his parents. Some refuse for financial reasons. In most such cases, when the husband refuses, the wife begins to sulk, abuse his parents physically and verbally and even desert him.

But the Law has handed a new weapon in the hands of such a woman who refuses to adjust and who insists on her own way. She can merely sashay into the nearest police station and register a complaint against the husband and his relatives for harassing her for dowry. The Law, as amended progressively since 1983, presumes the culpability of the accused and compels the police to blindly arrest the persons named as accused, regardless of their age and ability to move and cause harm, so that from bedridden elders to babies-in-arms are mercilessly hauled off to prison. The husband and his family members get a great shock after knowing their offence to realize the wife’s ill-designs until the police wake them up from sleep one morning. It is seen that police arrest on a day before government holidays or on Friday to elongate the arrest period.

Thereafter, for several years often extending to decades, they are compelled to defend themselves against the charges, while the woman who made the complaint has to do nothing to prove her claims. The Law places the burden of proving the innocence of the accused upon themselves, casting into the garbage can the basic and fundamental legal principle that a person is to be presumed innocent until proven guilty!

Marriage is a major catalyst of change for women, who are obliged to move to a new home and to adjust to a new family. However, this is inevitable, and in the long history of mankind, it has been done. However, there are some cases of women who insist on clinging to their parents and siblings. The wife could pressure her husband to get separated from in-laws due to lack of her individual space and freedom. The wife may be suffering from Borderline personality disorder, or she could be her parent’s only child, or only daughter who is accustomed of getting extra privileges at her parental home. The wife’s parents could be demanding their “damaad” (son-in-law) to settle with them and become a “Ghar Jawai” which men usually would not prefer. This will usually lead to a rupture between the husband and wife. This is another instance where the woman can turn the facts on their head and make false allegations of harassment for dowry by her husband, his relatives and even his friends.

The following, in our experiences, are the common causes for marital strife or the grounds for disagreements and mutual recriminations between the husband and the wife and between their respective families and supporters:

a) Harassing the husband for large sum of money (in lacs) for the settlement of her siblings or for establishing her parental family;

b) Sending out on a regular basis, money provided by the husband for running the house, to her parents and or siblings without his knowledge and permission;

c) Continuing her illicit relations with her pre-marital boyfriend even after marriage or developing extra-marital relations at her workplace or in her neighborhood;

d) Showing uncontrollable and aggressive behavior that may be a symptom of Borderline Personality Disorder or other psychological disorder;

e) Psychological Terrorism: Demonstrating abusive behavior such as abusing her husband’s parents, sisters and brothers with filthy words and in a deliberately extra-loud voice with the intention of creating a scene of public humiliation and intending to intimidate and terrorize her victims;

f) Habitual and pathological dishonesty towards husband and other family members on domestic affairs and other matters where the husband and other household members have a right and duty to be told the truth in order to uphold and protect the family’s rights and good name in society;

g) Alienation & Abandonment: Attempting to alienate the husband’s affections from his parents and blood relatives, and demanding that husband separate from and abandon his aged, dependent parents;

h) Expropriations: Demanding transfer of the husband’s property and assets to her name;

i) Expropriations: Taking away and stealing precious jewelry items and other valuables that would also include items given by husband’s parents, without his express permission;

j) Desertion: Wife visiting her parents frequently and lingering for long at her parental home without any reasons and leaving the marital home (husband’s house) along with their children without giving any reason to her husband or his parents, thus effectively kidnapping his children and denying him access to his own beloved offspring, with the intention of placing unlawful and unjust psychological pressure on him to surrender to her demands, and also demanding legal separation or divorce for no just cause;

k) Aborting the child without the permission of the husband

l) Extortion: Demanding large sums of money or property from his husband and making false allegations against the husband of atrocities committed against her, and blackmailing the husband or his family members for valuable moveable or immoveable properties with threats of falsely invoking unjust laws against them;

m) Misrepresenting facts and incidents to cast them in a sinister light and as crimes and atrocities against her self;

n) Blackmail: Threats to commit suicide if her undue demands are not yielded to;

o) Parents of wife frequently accusing husband for not satisfying or being incapable of satisfying their daughter thus amounting to psychological cruelty and abusive behavior with the intention of demoralizing and systematically victimizing him;

p) Defamation: Defaming husband’s family in their neighborhood and in their relations by spreading false stories of her harassment and torture;

q) Excessive involvement of wife’s relatives in husband’s life or dictating to him on every domestic matter or marital questions;

r) Wife conceals or suppresses material facts of her medical problems that affect and indeed even negate the marriage, such as her infertility that she was aware of before the marriage, or carrying infectious venereal diseases such as H.I.V., etc.;

s) Wife’s parents failing to restrain, reprimand and correct her for her wrongdoings but rather giving her full and unconditional support, and in turn falsely blaming the husband and in-laws for domestic troubles;

t) Wife and her parents being cynically manipulative, frequently changing their stand and statements to take advantage of every opportunity to misrepresent and embarrass the husband and his relatives with deliberate intent;

u) Mindless and malicious opposition to each and every measure suggested by the husband for settling the dispute, such as an application for Restitution of Conjugal Rights under section 9 (asking wife to come back to live with husband) or for Divorce in the Family Court, etc.;

v) Wife always complaining of financial crunch and misrepresenting her situation, claiming to be henpecked by the husband and his relatives;

w) Intimidation: Wife’s side always ready to exhibit money and power and boast themselves of having good contacts in the police, government and among politicians, with the intention of intimidating the husband and his relatives to surrender to their unjust demands;

x) If the husband visits his wife at his in-law’s home for a peaceful meeting with the purpose of bringing about a reconciliation, her parents would deliberately misrepresent his visit to the authorities, police and courts as a threat and as part of an imaginary campaign by him of intimidating them, with the intention of misusing unjust laws and the whole system for harassing and blackmailing husband and his relatives;

y) Wife’s relatives treating the husband with suspicion and denying him normal courtesy & respect;

z) No time limit bar to dispose cases of family disputes by Indian courts under the unjust laws.

By filing a false complaint, fraudulent wives are affecting the credibility of the women who are genuine victims, thereby depriving them of appropriate recourse provided by the law. For every one woman filing a typical false complaint there are at least two women accused: husband's mother and sister or a sister-in-law. Statistics may show that there are more women who are falsely accused in dowry law complaints than the genuine wives who benefited from it. These fraudulent, cruel, sadistic brides are an utter disgrace to womanhood and should not deserve any sympathy from anyone as punishment of an offence is not based on sex.

A wife chooses an abuse and violent behavior to cause physical, sexual, emotional damage and worry. Women who behave this way are often immoral, selfish and egoist. Such a woman uses her fury, moods and impulses to control the people around her and to be noticed. Such women choose deceit, fury and assault to get their own way and then revel in the addicting exhilarating emotional unrest they create. Others, more insidiously, present a personable public image to conceal their true character and behavior. These women lie, connive, and extort to insult and humiliate their partner and some argue and use offensive language in the presence of others including their children. Many steal or destroy their partner's possessions. These women are driven by jealousy and view others as rivals. They treat their partners as possessions and strive to isolate them from friends and family.

Many abusive women falsely accuse their partners of infidelity while they are indulged in affairs. These women often abuse children or animals. Nearly all exhibit erratic mood changes, feign illnesses or injuries, and most are practiced actresses. They are not sick; they play the triple roles of a terrorist, a tyrant, and a victim.

At some point, she will falsely accuse her husband or partner of a crime. False allegations of child abuse continue to be a common feature in divorce proceedings and the courts ignore the problem. Now, the domestic violence accusation has become the woman's weapon of choice. Apart from the monetary and property gains, domestic violence is so easy to fabricate and these women crave the pleasure that comes from destroying their husband or partner.

Persons who have experienced an abusive relationship often experience fear or shame or bewilderment. They have tried everything to satisfy their wives but nothing works meet her unending demands. These people have found themselves in a dilemma of what would happen next, riding on an emotional roller coaster that they cannot escape. Most of such victimized husbands are sad, depressed, humiliated, and exhausted. Many have lost every pleasure and happiness they had in the world and are worried about their future. However, these abusive women have no limits. Their outrageous behavior escalates to unbelievable levels and in turn no one believes the victimized husband who is considered to be stronger and more aggressive than a woman.

U.S. and British studies support this view that if the wife has chosen abuse or violence, the husband should get a restraining order and end the relationship promptly and irrevocably.

When faced with the breakup of a relationship, some women become vindictive, and abusive women become very dangerous. When others (friends, relatives, police and judges) believe her, they join in, and the frustrated husband or partner finds himself a victim of undeserved hatred, defamation, and abuse.

The other dangers are that some women kill their partner or the partner's new companion, or the children, or the relatives and show it as a suicide, accident or a robbery killing. Sometimes, women fake or inflict injuries on themselves, or use an accomplice, a relative or new lover, to frame her husband or partner. The most common behaviors are pressing false criminal charges, stealing or destroying property, snatching children, and engaging in bad faith litigation.

In divorce, husbands must treat their abusive wives with steeled resolve and the courts must understand this. These women cannot see and reason beyond them, so negotiation is impossible and mediation is pointless. Unfortunately, the legal process regarding divorce requires negotiation and mediation providing yet another way for these women to abuse their husbands. Husbands must not accept telephone calls, conversation, visitations, reconciliation, or appeasements from these abusive wives for this only bolsters their belief that they remain in control of their husbands. The courts must realize that these women have no limits and derive pleasure from destroying their husbands. Only unswerving firmness of purpose shows these women that their power has ended.

Hon'ble Mr. Justice J.D. Kapoor, High Court of Delhi, had stated in his order of Savitri Devi (Petitioner) Versus Ramesh Chand and Ors.(Respondents), dated May 19, 2003 that such a petition is misconceived and is being used as a tool to hold the entire household to ransom and jeopardy. Some excerpts of order are provided below:

20. It appears that the legislature was mindful of the fact and situation that this provision may be exploited that it defined `cruelty' and for that purpose "harassment" falling within the parameters of "intentional conduct" of such a degree that may either drive the woman to commit suicide or cause danger to life, limb or health or cause `grave' injury. Of course "health" means not only physical but mental also. But unfortunately, these provisions have been abused by the Investigating and Prosecuting Agencies and exploited by the women and their relatives to such an extent that these have proved to be most ineffective in curbing the evil of dowry as well as disciplining the husband and his relatives to treat the woman in human and humane manner and give the bride or wife proper respect and honour.
21.Before parting, I feel constrained to comment upon the misuse of the provisions of Section 498A/406 IPC to such an extent that it is hitting at the foundation of marriage itself and has proved to be not so good for the health of the society at large.
23.These provisions were though made with good intentions but the implementation has left a very bad taste and the move has been counter productive. There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative- including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sistes, sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband. Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerated allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out.
24.These provisions have resulted into large number of divorce cases as when one member of the family is arrested and sent to jail without any immediate reprieve of bail, the chances of salvaging or surviving the marriage recede into background and marriage for all practical purposes becomes dead. The aftermath of this is burdensome, insupportable and miserable more for the woman. Remarriage is not so easy. Once bitten is twice scared. Woman lacking in economic independence starts feeling as buden over their parents and brothers. Result is that major bulk of the marriages die in their infancy, several others in few years. The marriage ends as soon as a complaint is lodged and the cognizance is taken by the police.
26. For ages the cruelty, desertion and adultery have been ground for divorce which were to be proved in civil courts. Now the police and that too its lower functionaries have been made the decision making authority to conclude whether the harassment or the cruelty as brought out in the statement of the complainant wife is sufficient to put all the relatives including school going minor brothers and sisters of the husband behind the bar. Such was neither the intention nor the object of the legislation.
29.To start with, marital offences under Sections 498A/406 IPC be made bailable , if no grave physical injury is inflicted and necessarily compoundable. If the parties decide to either settle their disputes amicably to salvage the marriage or decide to put an end to their marriage by mutual divorce, they should be allowed to compound the offences so that criminal proceedings don't chase them if they want to start their marital life afresh or otherwise. The past should not haunt them nor the hatchet they have buried should be allowed to be dug up and mar their present life or future married life.
30.Lastly in view of sensitivity of such offences and in order to avoid clumsiness in human relations and viewing this problem from human and social point of view, and the law as it stands today it is required that the investigation into these offences be vested in civil authorities like Executive Magistrates and after his finding as to the commission of the offence, cognizance should be taken. Till such a mechanism is evolved, no police officer below the rank of ACP for the offences under sect on 498A/406 IPC and D.C.P for the offence under Section 304-B IPC i.e dowry death should be vested with investigation and where minor school going children are named, they shall not be arrested and be sent to the court for taking cognizance and futher proceedings. Their arrest ruin their future life and lower them in their self esteem. This court has even dealt with the bail applications and prosecution of children merely for the fact that their names also figured in the complaint lodged by the wife. In certain cases even grand-parents of the husband who are in their eighties and nineties suffer this traumatic situation.
31.There is growing tendency to come out with inflated and exaggerated allegations roping in each and every relation of the husband and if one of them happens to be of higher status or of vulnerable standing, he or she becomes an easy prey for better bargaining and blackmailing.
32. These ground realities have pursuaded this court to recommend to the authorities and law makers to have a review of the situation and legal provision.

An increasing numbers of cases of marital disputes are filed under the Dowry Prohibition Act in India. By this, the Authorities criminally make themselves accessories and accomplices to deliberate and malicious misrepresentations by the wife of every marital dispute as a case of dowry harassment by the husband and his family members.

How can the law Presume that the cause of marital dispute is invariably inordinate demands made for dowry by the husband or his relatives and friends? This is Prejudice, not Law! This is criminality, not Law!

Usually, the wife registers a false complaint with the police on assurances from her parents, lawyers and more importantly, malicious groups pretending to be public-spirited Women’s Aid NGOs.

There is also a trend nowadays of the wife’s parents wanting her to divorce on trivial disputes by making them into ego-issues or with the hope of ensnaring a better match and go to the extent of filing a deliberately false 498 A case against their 'damaad' (son-in-law) and many, if not all, of his family members, in order to intimidate and terrorize them to surrender to their unjust terms.

The law has no consideration for the husband and his relatives to prove other reasons of marital dispute, and for proving that the difficulties have been created by the wife and her unreasonable behavior and or demands.

The Law as it presently stands treats the husband and his relatives who have been blindly and maliciously misrepresented as dowry-maniacal demons as stepchildren with no rights and bereft of the rights and dignities that belong to them as citizens. As a matter of fact, the accused are effectively robbed, without a trial, of their status as citizens, until they can, at great expense and trouble to themselves, prove themselves innocent!

It is pretended that these amendments were enacted in order to “protect” women against a widespread social disorder. As a matter of fact, these Prejudicial Anti-Laws target far more innocent women than men; the mothers, sisters, sister-in-laws, etc., of the husband. This law in-practice is against the sanctity and safety of most women, which can be reaffirmed by examining cases of accused women under the 498A charges. And despite the pious humbug of “Feminist and pro-Women NGOs” that agitated for these criminalities to be enacted, these satanic, diabolic “laws” do not spare even minor girl children!

Not only do these Prejudicial Anti-Laws militate against humanity and justice, they also pretend to absolve the authorities from any responsibility to investigate allegations of false complaints made by the wife and her relatives, determine if wrongdoing was indeed committed and penalize these real criminals for the marital disputes and other crimes that they have perpetrated against the man and his relatives.

In the absence of a just and impartial investigation, the laws are massively and routinely misused and cases of Crime against husbands are rapidly increasing day by day.

To deal with Dowry / Harassment cases, section 498A was inserted into the Indian Penal Code. It reads Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The aims of section 498A were to help wife to stay with her husband, protecting wives from marital violence, abuse, and extortionist dowry demands. But the actual implementation of this Act has left a bitter trail of disappointment. Since there is no penalty or a fine for filing a false case, many women are misusing this law to dictate terms. It is a myth that Sec 498A is protecting the women, in reality it is against women themselves and also adversaly effect children and aged people. Reality is 498A is destroying marital harmony and gives no solution to solve the Problem of Marriage; rather it is breaking Indian family system. If the husband has filed for Restitution of Conjugal Rights under section 9 of IPC, or divorce and wife does not want to comply so she files for 498A to blackmail husband to increase her bargaining powers. The IPC498A is so convenient to misuse and worse than TADA or POTA, the lawmakers didn't consider the effect it's misuse and how it will spoil the basic foundation of institution of marriage of Indian Society.

These biased laws and their unfair implementation is increasing the single parenting, distrust in the ‘laws and legal system’ and marriage, dissatisfaction and insecurity among the law abiding citizens and a great hatred and vengeance for country. It is taking a heavy toll on the sensitive minds of young people who are now scared to marry with an Indian bride. Due to these faulty laws, many innocent, lawful and reputed citizens are being defamed as culprits and criminals in society. The whole drama also affects and involves other people of society who are colleagues, friends and relatives of the accused and get shocked to hear the dowry harassment case on accused which they can not believe as they have known the person very well. It is seen that the society is altogether opposing such laws that are heavily misused in the interest of daughter-in-law only, who terrorizes the husband, his family and the whole society. Abuse of Section-498A Should Be immediately curtailed and law abusers should be punished without mercy to stop this dangerous trend which is creating havoc in family, society and the nation.

Supreme court in its recent judgment acknowledged and stated on record “The object of Dowry harassment laws are to strike at the roots of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used as a shield and not as an assassin's weapon. If cry of wolf is made too often as a prank assistance and protection may not be available when the actual wolf appears. Merely because the provision is constitutional and intra vires, does not give a license to unscrupulous person to wreck personal vendetta or unleash harassment”.

Outcomes of misuse of dowry laws and pseudo feminists propaganda is behind the destruction of many Indian families. Many innocent men we have been insulted, put down, wounded, investigated, financially ruined, assaulted, humiliated, and emasculated by females through the unjustified legal proceedings for long enough. It is observed that trail in dowry harassment cases does not start for years when Complainant the Daughter-in-law absconds after filing false case and the husband & his family members would have to run after court for years together seeking justice. Such men have borne it with patience in the face of outrageous pressure when their children were snatched and given legal custody to vindictive wives. A husband is forced to pay for the upbringing of children when he can not see or meet them. Grandparents, uncles and aunts are denied to contact their grand kids, nephews, and nieces.

In majority of matrimonial disputes, the sacred institution of marriage gets transformed into a profit making institution to satisfy the greed of blackmailers on the name of out of Court settlements.

The innocent, harassed and victimised husband can use legal safeguards against any misuse of laws by his wife. A husband shall do a police complaint mentioning blackmailing, threat for false dowry case from in-laws without forgetting to mention if she had left the house after taking jewelry, cash or others or whatever be the situation. Recording of husband's conversations can also be done through miniature recording devices which would help to prove his innocence to police and court. A husband shall write a detailed statement with every detail about his innocence to police commissioner with copies to SHO, SSP, SP of his local police station, ACP, DSP, IG and a copy to ACP and relevant police officers of wife’s local police station. He shall state in his document mentioning Blackmailing etc. that he including parents and relatives are under threat of falsely Implicating in Dowry related and other criminal cases. A complaint in police station can be filed on basis of evidence. If it’s not possible then sends the documents through registered post, and move to court to register the same under criminal procedure 156(3), for necessary investigation. A criminal case in court under 156(3) under section 200 of CrPC can be filed, with reference to police complains.
Cases to be filed against fraudulent wife:
1st: Case on sections 191, 192, 193, 196 and 209 of I.P.C, ie. 191. Giving false evidence, 192. Fabricating false evidence, 193. Punishment for false evidence, 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment, 196. Using evidence known to be false, 199. False statements made in declaration which is by law receivable as evidence, 200. Using as true such declaration knowing it to be false, 209. Dishonestly making false claim in Court.
2nd: Case u/s 211 of I.P.C.: 211. False charge of offence made with intent to injure. IPC 211 is applicable which states that the wife is liable for imprisonment up to 7 years (as in case of 498A). Filing false CRIMINAL case attracts the SAME punishment (as for the criminal case for the accused) for the COMPLAINANT.
3rd: Separate case : Charging 120 B of I.P.C.,463, 464, 465, 466, 468, 469, 471 r/w 34 of I.P.C. : 120B. Punishment of criminal conspiracy, 463. Forgery, 464. Making a false document, 463. Forgery, 464. Making a false document, 465. Punishment for forgery, 466. Forgery of record of court or of public register, etc, 468. Forgery for purpose of cheating, 469. Forgery for purpose of harming reputation, 471. Using as genuine a forged document.
4th: Case under section 340 Cr.P.C: Wrongful confinement. Cases under section 199, 200, 205 to 211 IPC are to be taken up by courts themselves(as per 195 and 340 of Criminal procedure code, but supreme court has set some bar which allows private party to put a case under section 199, 200, 205 to 211 IPC). The judge can take up the false information case by himself, on base of an application u/s 340 Cr.PC, this would carry more gravity since its a case initiated and executed by the judge. But if the respective courts do not take up these cases (which is usually the case) then file for private cases under sections 199, 200, 205 to 211 IPC (citing the bar Supreme court has set, enabling private parties to initiate such cases.
5th: 100[182. False information, with intent to cause public servant to use his lawful power to the injury of another person, 389. Putting person in fear or accusation of offence, in order to commit extortion, 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect, 415. Cheating, 499. Defamation, 500. Punishment for defamation, 503. Criminal intimidation.
6th: Section 190 of Cr.P.C. Cognizance of offences by Magistrates allows to file a complaint in front of the magistrate with all the evidences which can prima facie prove that the case against you is the false one.

In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage. The court granted divorce to a man who alleged mental cruelty by his wife. With this order, Justice O P Dwivedi disposed of a four-year-old petition in which a woman had challenged a lower court’s order permitting divorce to the husband. The wife admitted during the proceedings that she had filed a false case of dowry against her husband, in-laws and their relatives in Meerut. As a result of the false complaint, the husband and relatives were in jail for 10 days.

As a matter of fact, these “laws” were deliberately and maliciously created with the specific intention of targeting men and providing an “assassin’s weapon” to mischievous wives, and they are deliberately and maliciously worded in such a manner that misuse of them is not abuse but the norm!

The dowry harassment laws are cognizable offences, in which the proof is not required and on the basis of the statements of the wife, the police can put all accused in jail after arrest. But surprisingly when such offences are considered severe crimes, usually the complainant makes a compromise with accused. Social workers and counselors have acknowledged that educated wives of middle-and high-income group families whose husbands can afford to shell out bring most of false cases. These wives approach Crime Against Women (CAW) Cell or similarly functioning ‘Mahila Kendra’ not to reconcile and live with husband, but to obtain their Streedhan back, negotiate huge alimony and get divorce by mutual consent. CAW Cell or Mahila Kendra would call husband for counseling until the girl's grievances are sorted out. If they don't achieve it, usually they one-sidedly insist on FIR registration by strengthening the dowry harassment case supported by false information while neglecting all facts of prevailing situations. Normally, the Enquiry Officer will be indifferent to what a husband would tell or show them as evidences towards his innocence, and all his sincere efforts to reconcile with wife would be totally disregarded. Places like CAW cell have become place of humiliation and harassment for innocent husbands and their family members who are falsely accused for dowry harassment by wife. In one such case, the 17 persons of one family were arrested under dowry law and finally the compromise was reached. It is increasing corruption in police and society as people allege that police threatened to oppose or delay granting of bail unless the accused family coughed up fairly hefty amounts as bribes. Others allege that many lawyers encourage complainants to exaggerate the amounts due to them as Streedhan (woman’s property), assuring them that they would get them a hefty settlement from the husband, provided they got a certain percentage as commission for their services in coercing the husband’s family. The wife usually uses provisions of 498A in the hope of enhancing her bargaining position against her husband and in-laws. In most cases of settlement, wife withdraws her complain u/s 498a and gives divorce after getting a huge amount. So the laws are misused for extortion of husbands with the involvement of women organisations, police and lawyers. Such instances have been increasing and the Supreme Court has identified them as “Legal Terrorism”. In such cases, the Lie-Detector Tests such as Brain Mapping Test and Narco-Analysis test should be used to get to the truth of the story. After seeing the plight of increasing number of harassed husbands and their family members, a Public Interest Litigation (PIL) DBCW Petition No. 2825/05 Arjun Lal Vs State of Rajasthan, was filed at Rajasthan High Court, Jaipur bench for demanding such facilities for lie-detector tests by police and state authorities which is currently under consideration. As earlier Yasmin Hazarika, for long in charge of the Crime against Women Cell (CWC) once said "We need safeguards. A massive, thorough inquiry is absolutely essential before a case is registered". So the centers like CWC should be asked for cases where they conducted thorough inquiry, and found out that cases were wrongly fabricated.

The rising numbers of couples are separating within a short duration of marriage due to the temperamental issues and mental incompatibility in between the husband and wife, when both decide amicably to leave each other. It is seen that the wife’s parents and lawyers advice her to distort actual grounds for their separation for creating the case of harassed wife due to dowry demand, physical and mental abuse, just to extort good amount from the leaving husband. With large amount of money rolling in process in name of maintenance and alimony, the marriage is made the business of daughter for many parents and lawyers. It is like legalized prostitution through marriage related laws. Surprisingly it is happening more in the educated urban families who are well capable to maintain themselves and smart enough to mischief others.

The large amounts of alimony and maintenance awarded to wife by courts at the dissolution of marriages encourage other unsatisfied and mischievous wives and their parents to instigate separation within short course of marriage. It is observed that even if wife is well educated, capable to earn very good salary and have good financial support from her parents then also she demands heavy amounts from her husband just to get richer and to put pressure and harass him. The rewards in the laws should be so built that encourage long term marriage relationship and not disruption of homes and society. It is a fact that wives usually use the power of Section 498A to increase her bargaining power for getting large amounts as alimony and maintenance. The large sum of money available in the process encourages all kinds of mischievous acts including the misuse of severe criminal laws that spoil the golden period of life, morals, faith, families, reputation, careers, financial conditions, children future, physical and mental health, valuable time and resources of courts and police. The marital disputes where 498A is registered should be taken as cases with irreparable damage to marriage and no possibility left for cohabiting. An example of awarding large alimony to wife proves fatal for many more families in society when it is followed by greedy wives to ruin more marriages and families.

In fact, divorce should be made easy to finalize within a time frame of 3-6 months maximum. The grounds like mutual consent, incompatibility and frequent quarrels, infidelity and denial of normal sex should be made easy grounds for divorce decree.

The laws dealing with marital problems and disputes should be made balanced considering both husband and wife circumstances, with a provision for very stringent punishment for its misuse to act as deterrent. In cases of Crime against Women, complain is registered by wife against in-laws or mother-in-law, but Indian laws do not have equivalent provisions to deal with cruelty to a woman by her sister-in-law or daughter-in-law. So it is wrong to say that anti-dowry laws provide safety to women; instead they provide an “assassin’s weapon” to the daughter-in-law or ‘Bahu’. The fact is that around two out of every three women prisoners in Tihar Central Jail, Delhi, are detained on an alleged dowry harassment offence and similar situation is in the other jails throughout the country. The threatening, abusing, maltreatment, conspiring, inflicting physical violence against husband and in-laws as well as subjecting them to cruelty - physical, mental or emotional should be duly recognized and considered under a new criminal law.

The accused under dowry laws crime are rapidly increasing in jails across India. They are kept with hard-core criminals that severely impact their personality and thinking. Study should be undertaken in all jails about these prisoners who are prosecuted under dowry related laws. Our laws with loopholes encourage false complains by wives, as there is no such counter check to investigate reality of any crime informed by wife. In most cases, the wife files false FIR under pressure of parents who think that police case will weaken their son-in-law mentally so he and his family would agree to their demands, be it related to money, property or family related issues. During police investigation, the police should verify wife's charges in front of both wife and husband during their meeting for reconciliation. Police should give chance to justify each others’ move and should double check the motive of complainant otherwise once husband goes to jail there is less chance to save marriage.

Unless allegations are of very serious nature and highest magnitude, the arrest should always be avoided.

Innocent lives are spoilt when involved in lengthy legal proceedings and continuous court appearances without getting reasonable result. There are no repercussions on the wife even in a falsely registered case, as the wife gets a lawyer provided by government, a Public Prosecutor, and she is not required to appear in court except extremely rarely for her statements. Even in a false case, the husband and his family bear the brunt as the whole police “investigation” (sic!) and legal process lingers aimlessly, which is itself a punishment for those who would never deal with court and police in their lifetime. All family related matters should be dealt sensitively within the shortest possible timeframe to minimise humiliation and harassment of old parents and other family members.

The tradition of exchanging gifts in the marriage is prevalent and practiced commonly in Indian society, which is accepted as a social custom. Under the Hindu Marriage Act, whatever gifts are given to the wife by her parents and guests are considered as ‘Streedhan’, and are her personal property. It is considered in Hindu society that daughter is gifted with a share in her father’s property and assets at her marriage. So the bride’s father wants to willfully and readily gift Streedhan to his daughter to increase his prestige and respect in society and in groom’s family. Thus, the husband is not the “sole beneficiary” who can be later accused of demanding dowry from his wife, as he by no means instigates the willful conduct of his in-laws. The Indian laws charge husband and his family for demanding money, gift or property in marriage that is termed as ‘dowry’. It’s difficult to determine whether the wife’s parents willingly gave the wedding gifts or whether the husband demanded them.

When the marriage turns sour, the wife could manipulate her marriage gifts ‘Streedhan’ as having been demanded by husband and in-laws who would be accused by misusing the law. She can complain of harassment and torture for bringing insufficient dowry and that her husband and in-laws were demanding more money, articles, or property. This entire story can be very easily fabricated by the wife as it does not require any proof or evidence of mental torture or whatever that has been said or done to her earlier. All these circumstances points out flaws in present laws related to domestic violence. So the wife’s complaint that she was harassed for dowry needs to be substantiated with other supporting facts of offence. The age-old custom of exchange of gifts that is a ritual in India cannot be easily eradicated by legislations alone, but by promoting continuous efforts and emphasis on education for a change in social values and family traditions.

Wives usually use the law u/s 406 of IPC related to ‘Streedhan’ for extortion. After the dispute, the wife usually claims an exaggerated list of jewelry and other items that were never given by her parents in marriage. In many cases, when the wife separates and leaves her marital home, she takes away all her belongings and jewelry including the jewelry of her mother-in-law also, which never belonged to her but later denies possessing them. So these laws should ensure that the Streedhan of mother-in-law be returned back to her and whatever is given to girl by her parents in marriage shall only be returned.

The concept of ‘Streedhan’ derives from Hindu religious customs that has another concept of ‘Kanya Daan’ meaning ‘donating one’s daughter’. The ‘Kanya Daan’ is performed when girl leaves her parent’s home after marriage, as she is, by her free consent, “given” to her husband, a custom mirrored in the Western custom of a father giving his daughter’s hand in marriage to her suitor. But in modern society, usually after separation, the wife returns back to her parents and ask maintenance from husband. In case of their separation the ‘Kanya Daan’ is revoked so husband would not be responsible to support or maintain his wife according to religious customs. ‘Kanya Daan’ also establishes the severe crime of wife’s parents of taking back their married daughter with the intention of obtaining a permanent separation from her husband after marriage. As per ‘Kanya Daan’, the wife’s parents should have no right on her after marriage so that they cannot interfere. Their interference should be considered as a breach of trust under the law for which they should be punished. As a thing or person is not allowed to be donated more than once by the same person, the father cannot perform ‘Kanya Daan’ a second time, which means that the girl cannot remarry. This reaffirms that the circumstances of separation and maintenance are against the Hindu religious norms.

Domestic Violence Bill is in the process of becoming a law. This proposed legislation needs proper review, to prevent it from reinforcing the already excessively malicious dowry legislations. Mental cruelty and torture to husbands should be covered under the Domestic Violence Act. The circumstances as provided below shall be considered: If a wife deserts her husband without any reason, or if she has an affair with some other man, if she doesn’t cook food and refuses to fulfill her marital duties, if she expropriates the husband’s belongings and valuables, if she threatens to commit suicide, if by her actions she has demonstrated that she has the potential of harming or injuring the physical or mental health of the husband and or his blood relatives, then the safety of the injured party or parties (the husband and his family members) should be ensured in this new law.

As in India, generally after marriage, the wife lives in a joint family in one house with the husband’s parents and other family members, all the situations and circumstances should be taken into account before drafting the rules of the game.

After marriage, she has to live with the present circumstances of house that she cannot compel to change as per her desires. She cannot compel her husband to live in a separate house away from his parents or attempt to alienate his affections from them or to abandon them and cease to provide for them and their daily needs and care. Such elder abuse by daughters-in-law is rampant today in Indian society and police and laws fail to give any security to those old aged parents.

The abuse of elders is generally noticed in Indian families due to conflicts in between parents and the daughter-in-law ‘bahu’. When the new family member the daughter-n-law ‘bahu’ misuses the laws to pressurize and dominates the house, it is a great cruelty, humiliation and harassment to elder members. The daughter-in-law ‘bahu’ demands to live independently with her husband in a nuclear family and neither she wants to follow any traditional customs of the house nor she wants to take care of her old and sick in-laws. They even demand the old and sick in-laws not to visit their son and if they do not comply with her demands then she with support of her parents and siblings often threaten her husband and in-laws to get all of them jailed. Due to this, harassment and mental abuse of elders in society is a growing epidemic. The lack of any social security system for elderly people makes their situation much worse when helpless, old and sick people don’t find any support or place to go when everyone ignores them. Due to situation created by laws and courts, police and civil administration that supports daughter-in-law not parents in India, the feeblish and old parents are left alone to die without any medical, financial or mental support and the government and women organisations become deaf, dumb and blind to the cry and misery of these old parents.

Under the dowry harassment law, the daughter-in-law can book her in-laws and husbands in jail without giving any evidence. Even when they had never lived with daughter in law, then also they were accused and arrested under the complaints of dowry harassment. Even if the police know that the harassment allegations are false, still they are helpless and arrest the old parents. It is becoming a trend in India that in the fear of getting jailed, many parents have started disowning their sons. But, even that is not protecting them. The daughter-in-law wants to fully control her husband and demands that the old in-laws must not visit their son in her house and her husband must not visit his parents. Police officers at ‘Mahila Thana’ refuse to register complaints by a mother-in-law against her mischievous daughter-in-law. Many parents have been jailed who stood firm and were principled enough to oppose their daughter-in-law. Many mentally distressed and old parents commit suicide being unable to withstand shock, trauma and torture as their high morals, principled and well disciplined lifestyle had never allowed them to see such pathetic conditions in their lifetime.

Recently, the World Health Organisation (WHO) has highlighted the abuse of elders with false police complaints by daughter-in-laws in India. It has specifically mentioned this injustice as a Legal and Financial Abuse in its report on Elder Abuse called "Missing Voices", URL: http://www.who.int/hpr/ageing/MissingVoices.pdf. Many judges including former Supreme Court Chief Justice K.N. Singh, former Karnataka High Court Chief Justice and NHRC member Justice Malimath have asked for changes in this law saying that the well intentioned laws are grossly misused leading to severe injustice to innocent old and sick people.

Women's Organisations and Human Rights groups have turned a blind eye to these atrocities in spite of the fact that most of them are women and old parents. The real victims of domestic abuse could never go to police or courts for the justice but the urban power hungry selfish daughter-in-laws misuse these laws as a weapon of assassin against old and weak citizens who find themselves helpless. The proper investigation of complaints is the only remedy to get to the truth. We fight for proper investigations by police before arresting and torturing innocent people.

Usually Mahila Kendras, women organizations and the police “Crime Against Women Cell” adopt the method of pressurizing the husband to sign an agreement that compels him to live with his wife separately from his parents and agreeing to her unjustified demands. Such agreements should be revoked by getting a copy and challenging them in courts.

[Note: When pressured to do so, one must demand instructions in writings to be taken to one’s advocate for drafting the agreement to protect one’s own interest. Once you have got a written instruction, write out a complaint to your local police station or to the Crime Branch with a copy attached and demanding offences be registered against the instigators as co-conspirators, collaborators, accomplices, instigators, abettors, accessories, etc., of the wife in perpetrating the crimes of ALIENATION OF AFFECTION from one’s parents, CAUSING ONE TO ABANDON ONE’S PARENTS, etc., all of which are serious crimes! If the police refuse to accept, go away and send it in by registered post, and hand in copies to the concerned higher officers. You can always demand for “Action Taken Reports” under the Right-To-Information Act.]

Suicide rates of married men in India are higher than females and their proportion increases with their age. As figures from Indiastat.com shows: for males in the age group of 30 to 44, the Suicide rate is a whopping 508 per 100,000 persons; for women it is 220.

The Suicide rates among men in the age group of 45 to 59 are a shocking 1,812 per 100,000 persons and among women, nearly 550. However, among divorced males the suicide rate is 164 per 100,000 persons, but even in this class, among females the rate is only 63 per 100,000. While the suicide rate for separated men is about 167, for females it is only 41 per 100,000 persons.

These figures clearly show that more husbands are compelling to suicide due to their disgusting experiences with the police and legal system. It is due to unbearable harassment, mental torture, disturbed family life, male bashing, financial pressures, etc. They don’t get any support, but if a woman should commit suicide then feminists, women organisations, civil authorities, legal system and media would proactively come in support of victim’s family. Why are we ignoring husbands just because they are males?

If someone misuses a criminal law like sec. 498A & 406 of IPC, who accuses the husband and his relatives with the motive of gaining hidden selfish goals, then in-effect it is a seven-fold crime:

1) Against her husband and his blood relatives,
2) Against her children if any, who will suffer due to their separation and tension,
3) Against the religious vows that she took during marriage to support her husband as a sati-savitri and sita,
4) Against the sanctity of the court,
5) Against the police & public administration who has supported her as a victimised woman,
6) Against society, the social system and values which tend to unconditionally trust and sympathise with her as a victim, and
7) Against womanhood which is in question due to her wrongdoings.

Thereby, the misuse of laws like 498A is an offence that should amounts to seven times the punishment provided in a 498A conviction.

The accused in a typical dowry law case are different members of family i.e., the husband, his old and sick parents (saas-sasur), uncles, sisters of husband (nanad) who could be unmarried, brother-in-laws of husband, sister-in-laws of husband (Bhabhi) and cousins.

Such a complaint must be properly checked for its authenticity that makes the whole family accused in a criminal offence under which the conviction rate is mere 2% of cases and when most end in compromise.

Due consideration should be given to family members who are respected and responsible citizens of society and who have no criminal record.

All the family members should not be accused of criminal offence only on basis of the allegations made by the complainant but must be given due opportunity to respond to the allegations.

In cases when family members are accused by a complainant who lived with them, the problem needs to be resolved with discussions and the complaint has to be earnestly investigated for its authenticity before taking any step against family members.

The misuse of laws causes irreparable damage to victimised family members, that can be prevented by providing stringent punishment to culprits that wreck the foundation of marriage and thereby ultimately cause society at large to suffer.

The contradiction appears when the terms of a “mutual compromise” are compelled to be “agreed to” between the complainant and the accused in most of 498A cases in which offences are non-bailable, non-compoundable and cognizable.

The statistics show that accused u/s 498A of IPC (Anti-dowry law) are convicted to around 2%.

The great deal of reconciliation and compromise efforts are done by judges during anticipatory bail cases of husband and family members and during the family court trials.

The courts blindly insist on reconciliation neglecting the fact that after the intolerable aggressions and humiliations perpetrated by the wife, her husband and his relatives can no longer revert to a normal relationship with her.

They are also naturally distrustful of one who has shown such shameless miscreancy and are naturally of similar further mischiefs by her if she would live with them.

It is seen that cases under section of 498A are repeatedly registered against husband i.e., second time, third time or fourth time with inclusion of severe charges in different sections of law related to crime against women.

It is pity that a criminal case is registered against a person who has financially supported the complainant and allowed her to live at his place, which is unique in criminal cases of matrimonial disputes. In matrimony, a husband usually provides the financial support, place to live, manages the household work and renders safety to wife and his children. He takes risk to work hard for his family. But rather the husband becomes vulnerable to being abuse by malicious “laws” (sic!) when he, his parents and other relatives can go to jail on basis of a simple unsubstantiated complaint made by his wife.

Most of such cases in which stringent punishment is recommended under law, are settled for a compromise. It means that the real purpose of law is not attained and thus it should be amended to take care of the circumstances and preventing its misuse.

498A of IPC should be amended to make it bailable, compoundable and non-cognizable to prevent harassment and torture of all family members by their arrest so the case should be settled within a set timeframe. The delay in filing complain in domestic violence case should be considered as a way of threatening the husband and family members by making false allegations and charges. The new law should be well capable and provided to handle such situations.

Needless to say, the laws in their present state are a negation of the husband's rights in marriage. It’s not less than a blunder that such a situation should have been permitted to persist for the last two decades and not much public protest and awareness has come for remedies and reliefs against these crimes masquerading as “laws”! It’s a shame to talk of such laws in a democratic country like India, a nation of Gandhi.

The Malimath Committee is ‘bothered’ by the offence being non-bailable and non compoundable, which makes “reconciliation and returning to marital home almost impossible.” The report of the Malimath Committee on Reforms of Criminal Justice System was submitted in April 2003. Some of its excerpts are:
16.4.4 In less tolerant impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to fire, if the husband cannot pay. She may change her mind and get into the mood to forget and forgive. The husband may realize the mistakes committed and come forward to turn a new leaf for a loving and cordial relationship. The woman may like to seek reconciliation. But this may not be possible due to the legal obstacles. Even if she wishes to make amends by withdrawing the complaint, she can not do so as the offence is non compoundable. The doors for returning to family life stand closed. She is thus left at the mercy of her natal family.
16.4.5 This section, therefore, helps neither the wife nor the husband. The offence being non-bailable and non-compoundable makes an innocent person undergo stigmatization and hardship. Heartless provisions that make the offence non-bailable and non-compoundable operate against reconciliations. It is therefore necessary to make this offence (a) bailable and (b) compoundable to give a chance to the spouses to come together.

The Shinghal Report, or the "Study Report on Crimes Against Women - Role of Section 498-A, IPC in States of Delhi & Haryana" was submitted by Mr. N.K Shinghal who is a retired police officer who was commissioned to report on the functioning and implementation of section 498A. The Shinghal Report states that: “Most of the police officers, barring a few at senior levels and the defense lawyers, considered both the sections to be not only inadequate, but also overtly biased in favour of women, leading to their increasing abuse.”

The present law related to Adultery dismisses the adulterous acts of a woman, and makes man purely responsible for their combined adulterous act. A married woman involved in an extramarital relationship is legally innocent while the man who is having an affair with her will be committing a criminal offence, and could be imprisoned up to five years or fined or made to endure both under Section 497 of the Indian Penal Code of 1860.

It is pity that an adulterous woman cannot be punished for even the abetment of crime. Such biased laws come in support of wife’s adulterous behavior that would further increase the unfaithful attitude towards marriage resulting in decline of moral values in society.

Both genders should be covered under preview of Adultery law, as both genders are equally responsible to entangle into any such relationship that challenges the laws and rules of society. Recently the Malimath committee report has recommended making adultery punishable for both men and women.

The society, police and administration should recognize that Domestic Violence happens to man as well. Many men are severely assaulted by their wives when he is kicked, bitten, hit with a fist or object, being scratched, slapped, beaten up, and threatened with a knife, gun or other deadly weapon to be used against them. Sometimes husbands are worried about being attacked in sleep. Wife would also deliberately destroyed or damaged something of value to husband. She may throw things at him or break objects during an argument. She may spend large sums of money and refuse to tell why or what the money was spent on. The wife would make it difficult for husband to know that where the important documents are kept. She may be extremely jealous and unjustly accuse husband of flirting with others or having affairs. It becomes hard for him to maintain relationships with others because wife doesn’t approve of them. She may stop caring about the children and house, stop cooking and would withhold sex with husband without any reason. She may force to have sex or made to do things during sex that made him feel uncomfortable.

A Wife does mental abuse by telling husband that that he is worthless, can not do anything right, can not have good money and life and she will leave her and does not want to live with her. It hurts emotionally as well as physically. Continuing this pattern can result in depression, substance abuse, loss of confidence, and suicide. It can also result in death at the hands of wife or by some other who is induced to kill him. He shall seek a mental health counselor to deal with domestic violence concerns and shall never be provoked. He shall take a legal advice and insist police to record his injuries.

Many men stay in abusive relationships due to their concerns of their children’s' future as they want to protect them. They fear leaving the abusive relationship because they assume the legal system will not grant them custody because they are a man, and fear that visitation in the hands of a controlling spouse will never be easy, or that they may never see their children again.
More laws should be made for providing justice to harassed husbands. If the husband died of unnatural death within 7 years of marriage, a case should be able to be registered against his wife for conspiring for her husband’s death, and for mental torture and cruelty. If wife is given a large amount as alimony from husband, then she should give in writing that she would support herself and possibly any children from the received alimony so thereafter will never marry again in life to seek another support. If she marries again, the whole alimony should be returned back to her ex-husband with interest.

The basic problem with the present laws dealing with domestic discord and marital abuse is absence of providing effective remedies through civil laws, as the whole matter has been put under the jurisdiction of criminal laws, with very draconian provisions to make their implementation stringent.

Criminal laws like 498A have been massively used in cases that can be dealt with civil procedures to put undue pressures on husband. This make cases much more complex to tackle thus leading to delay to the final outcome. Marital problems and circumstances should be categorized differently to deal properly, effectively, carefully and in timely manner. Out of situations described below in different sections, the criminal law shall be enacted only in conditions A, B, C, D and E; the remaining situations should be dealt with the civil court procedures only.

A) Death of wife or husband due to dispute in between them.
B) Wife or husband survived the life threat that is related directly or indirectly to marital problems.
C) Wife or husband often commits physical abuse, blackmail or makes threats.
D) Marriage was based on fraud and wife or husband wants to dissolve it because of this fraud.
E) Wife or husband is cheating the other, as in case of an extra-marital affair or any other misconduct and maltreatment.
F) Wife or husband demands from other that what cannot be fulfilled.
G) Onerous and excessive demand for donation of wealth in any form demanded by one party from the other party as a prerequisite condition to the marriage, except by free and mutual agreement, and where “onerous and excessive” must mean more than a fair share of the other party’s assets as existing at the time.
H) One party being abused, physically or mentally tortured and harassed by the other party and his or her accessories, abettors, instigators, etc. who interfere maliciously in between them to alter their present state of living standards, family and cultural values, living place and family arrangements.
I) Attempt by external or third party to alienate the affection of one of the parties to a marriage from the other for whatever purpose and end, whether towards himself or herself or otherwise.
J) One party has abandoned the other without just cause.
K) Parties agree in writing freely to live separately for any reason agreeable to them.
L) One or both party seeks a divorce.
M) One or the other party is indifferent, refuses his or her affections to the other party without just cause or fails to fulfill his or her obligations towards the other.
N) A marriage shall be considered Null and Void by the wronged party on the discovery of the following facts having occurred previous to the marriage and which the one party has knowingly concealed from the other: Previous dissolved or nullified marriage; birth of children; abortion or deliberate murder; abandonment of previous children; infertility or impotence known to the party prior to the marriage; infection with mortal or venereal disease due to the party’s previous promiscuous immodest adulterous behavior. These shall not apply when the party who committed these acts or who had suffered them, had disclosed them to the other party in writing prior to the marriage. However, the other party, on the discovery of these facts, may freely legitimize the marriage in writing.
O) A marriage shall be considered Null and Void on the discovery of the facts that a party thereto had not sincerely consented or that a defect of intention occurred thus rendering the union null and void by that fact itself.
P) Separated parties are desirous or being reconciled.
Q) A party will be entitled to a fair share of the assets owned by the other where the first party can show that the assets in question were increased due to her or his contributions to the life and well being of the other, subject however, to the a fair share of only those assets gained during the union.
R) When two persons have cohabitated for any period of time, it shall not be assumed that they are husband and wife, and no two persons shall be presumed to be united in matrimony, unless they have been specifically united in a certified public ceremony mandated or recognized by law.

It is seen that most cases of misuse of dowry laws are reported by urban families and wives who are well educated, aggressive and keep threatening to go to police and court with false complaints. Such wives are well capable of earning their own living, but still they demand heavy maintenance amount from their husbands on separation. It is sometimes even more than what husband earns can earn. The Supreme Court has also declared this malpractice as "Legal Terrorism" only after knowing that such incidents occur on a large scale. But as usual, the National Commission for Women denies any knowledge of such cases of misuse of the “Dowry Laws”. The issue is not of misuse of law, but its greater propensity for the misuse. It can only be controlled through proper channels like the women organisations, Crime against Women Cell and Police. Out of these, the CAW cell and Women organisations will undoubtedly continue to be biased and partial as they are exist for the wife’s benefit so they will be reluctant to act against her and to share any such data or case openly. And police would do without much initial enquiry with limited duties under the pressure and false propaganda of women organisations. It proves that false feminism has highjacked the police, legal system, government and politics in India, and husbands have no justice.

There is a great misconception in society about Crimes against Women, due to lack of efforts for in -depth study, awareness of the true ground situation, and massive “Feminist” propaganda. Government statistics of cases related to ‘Crime Against Women’ present a false image as it also includes numerous false cases registered for gaining sympathy of law and other government authorities and system. These cases are manipulated to show the aggrieved women, but actual situation gets proven during the trial of cases.

The complete picture of Crimes against Women is produced by considering the judgment orders in their trials that show only around 2% conviction.

Behind the false propaganda are the women organizations and NGOs that are chasing big funds and aids in the name of welfare of women and children. Due to the corruption in the system, organizations are getting easy money from government and other international organizations and they are surviving by doing propaganda on the basis of wrongly manipulated facts and data.

The media sometimes unknowingly publishes or promotes biased news sympathizing with the wife or daughter-in-law without verifying any of the false allegations. So it would include full name of the husband and his relatives with other information that causes irreparable damage to the entire family's image and hard earned reputation. There are many such instances when false information of dowry cases was published in newspapers.

Women organizations need to be apprised for their funding from government as such organizations are working as political outfits to fulfill their selective agendas that are not in the interest of society as a whole. In the name of women emancipation and empowerment, they are promoting anti-family terrorism by recommending new amendments in laws to make more biased laws that can be misused for blackmailing innocent citizens and furthering their agenda of degrading humanity. Society has a right to information how each of the activities of such organisations are funded and organized. The laws that consider offences related to social rituals of marriage and family members should be frequently dealt with proper reviews and feedbacks while considering consequences of its implications. Any amendments in such laws shall be considered only after the proper reviews and feedback of all sections of society.

The laws that deal with ‘Crime Against Women’ are widely acknowledged as being overtly biased laws in support of the daughter-in-law alone. It is seen that such laws are made or considered for further amendments with strong recommendations and propaganda by the ‘National Commission for Women’ (NCW) and few prominent NGOs and “feminists”, but reviews and opinions of other sections, institutions and organisations are totally ignored and never considered by the government.

The meaning Of 'Gender Sensitivity' as per women organisations and feminists in India is as follows:
1. Adultery by a “WIFE” is not a crime.
2. The filing of false cases (dowry/rape/domestic violence) by “WIFE” cannot not be punished.
3. The complaining woman's mother-in-law, sister -in-law or niece from the husband's side are not women.
4. Perjury, theft, fabrication, blackmail, extortion and kidnapping by women are not an offence.
5. Exposure of body-parts by women to entice/beguile men cannot be called exhibitionism.
6. Women can sleep their way up the corporate ladder, and they are allowed to lie, steal and fabricate without any penalty.
7. Crimes of passion (including murder) by women can be blamed on the hormones (therefore, beyond their control) and therefore cannot be punished.
8. Unless it is the case of a woman against woman, the woman who turns on the tears is always the right.
9. The bigamous woman should be rewarded (latest scheme by the women's activists), and not punished.
10. Any attempts by the man to expose the truth about an abusive/deceitful woman is an attack on her privacy/ modesty.

In a diversified and democratic country like India, it’s totally unjustified and insane to draft any law or any amendment, only on recommendations of persons who are not representatives of all social classes and segments and whose interests could be affected by these legislations. Without such general inputs and considerations of the needs of all segments of society, such laws can only prove to be biased, would result in greater injustice and chaos in society at large as they disturb the very basic unit of any society, the family.

It is hard to understand the disproportionate role played by the NCW in the making of such laws, which is not a representative of all sections, but is ostensibly a government organization working for A MINORITY SECTION OF WOMEN and not for all women.

Research studies should be undertaken in different sections of society for any amendment in laws or for implementing new laws that deal with family life, as it impacts each and every one of us.

A human rights violation is happening in this regard, and our administrative system is ignoring this fact, as they usually say: “we cannot do anything, these laws are such, and even if we will try to help the innocent people, the women organizations will abuse us all over”. So such is the nexus of these government funded women organizations that even the police and civil administration are fearful of them, afraid to raise the alarm.

It has observed though many Reports, Newspaper articles and Judgments given by many High Courts and the Supreme Court that women are massively misusing laws against husbands, a phenomenon that is rapidly growing.

An independent working agency at central government level should be set-up to review atrocities against men that go unreported due to their gender only.

An organization should be setup to undertake wide spectrum research for appraising the legitimacy of laws that provide “assassin’s weapons” to such unscrupulous women.

A Statutory ‘National Commission for Men’ or ‘Manav Aayog’ should be set-up to safeguard the rights of men i.e. Right for a livelihood, Rights in Marriage & Divorce, Right to Child Custody, Right to live in his property, Right to frustrate and deny unjust expropriations on and extortions of, his assets, Universal Right to the Presumption of Innocence until proven guilty, Right to prove his innocence, Right to provide for and live with his parents and blood relatives and dependents, including unmarried sisters, Right to terminate an abusive and injurious marital relationship and Right to have his grievances and plaints be heard, investigated and acted upon impartially against any other woman.

Expatriates (NRIs) gets harassed, tortured and blackmailed to give large amount of money as alimony and maintenance to their wives when dowry harassment cases are registered against them. Their plight is such that they can’t easily prove themselves innocent. Due to distance, they are unable to deal properly with the authorities and legal procedures to prove their innocence. These NRIs are harassed when their arrest warrant are released to Interpol and the Indian embassies without doing any enquiry. In some cases, Indian authorities ask foreign embassies to cancel their visa also. When they arrive in India they are arrested at airports as criminals, their passports are seized and they are prevented from returning to their livelihoods abroad. Some of them have severely suffered due to loss of their parents because of their mental harassments by police and court dealings. In such cases, the wife demands maintenance amount up to Rs. 50 thousand or even 1 Lac per month. This should justify the false case of dowry demand on husband who can pay Rs. 1 Lac every month as maintenance to his wife. They are not given child custody, whereas in west, around 50% husbands fight for child custody and win, whereas wife has to prove that she is capable to raise the kids. Due to this harassment, the USA State Department and the Canadian Government have already issued “Travel Advisories” warning their citizens against the misuse of 498A for extortion. International organizations such as the United Nations’ World Health Organization and Amnesty International have taken official cognizance of this malaise, which women organizations in India sedulously pretends to be insignificant or nonexistent! It is really unfortunate for India to depict such a horrific image internationally of the Indian Legal System.

It is unjustified for a wife to demand maintenance from a husband who is accused of a criminal offence such as 498A and 406 of IPC. The accused husband shall not maintain and support the same complainant, against whom he has supposedly committed the criminal offence. In cases of divorce also, it should not be necessary to give maintenance to the wife. The marriage is the result of a situation when both the bride and groom owe responsibility towards each other. As per the seven vows that take place during the Hindu Marriage ceremony, both take responsibilities towards each other. But after separation, both would stop being responsible to each other as both shall act according to their free will. After divorce, even when wife is not liable to fulfill any of her duties towards him, it is husband’s responsibility to provide regular maintenance to ex-wife. If wife is not bound after divorce, then why should the husband be bound to provide for the woman who is no longer his wife? And if she is capable to earn her living then why should she ask extort money from the man who is no longer her husband?

The media exposure and the cosmopolitan culture is highly inflecting the behavior of men and women and so the marital relationship. The attitude towards marriage is rapidly changing all over India. Earlier they used to debate on joint families breaking into nuclear families and these days the discussion is on the nuclear families that are breaking apart further due to individualistic and selfish approach. It has to do with the impact of overall society on a human character; the ‘Sati Savitri’ character of sympathy, honesty, devotion, commitment, tolerance and sacrifice is no more a role model for the modern wife. It is evident from the fact that women constitute 55% of the primary petitioners who are filing for Divorce according to a recent story published in a national magazine. Today, wives are seeking financial security and demanding high lifestyle comforts, money, gifts, luxury, freedom, friendships, equal status etc from their marriages. This has made newly married husbands to live under great mental pressure to fulfill wife’s demands apart from doing high-tension jobs. Many young men are prone to much stress and responsibility today, when they struggle to establish their family independently at a much younger age while living separately from their parents due to their jobs.

498A of IPC is a cognizable crime which obliges a police officer to a person without a warrant. In such cases, the police are under an obligation to take immediate action on receipt of a complaint or of credible information, visit the scene of the crime, investigate the facts, apprehend the offender and arraign him before a court of law having jurisdiction over the matter.

A total of 50,703 cases of Cruelty by Husband & Relatives were reported in the country during 2003 with an increase of 3.0% over 2002. Significant increase of 800 percent was reported from UT of Delhi over the previous year (from 135 cases in 2002 to 1211 cases in 2003). Nearly 16 percent of such crimes reported in the country were reported from Andhra Pradesh (8,167) only. The statistical data of Incidence & Rate Of Crime Committed Against Women In States, U.T.s and Cities During 2003 has the following conclusions: Delhi city has highest 2888 incidences in country, ie 14.8% Percentage Contribution To All-Cities, and has 22.6% Rate Of Total Cognizable Crimes carried out in Delhi. Surprisingly Kolkata has 725 incidences i.e. just 3.7% of all cities, and has 5.5% Rate Of Total Cognizable Crimes. Mumbai has 881 crimes i.e. 4.5% Percentage Contribution To All-Cities, and 5.4% Rate Of Total Cognizable Crimes. Bangalore has 1227 incidences, i.e. 6.3% of Percentage Contribution To All-Cities and 21.6% Rate Of Total Cognizable Crimes in the city. Hyderabad city has 1945 incidences which is the 2nd highest in country i.e. 9.9% Percentage Contribution To All-Cities and 35.1% Rate Of Total Cognizable Crimes. It shows the Delhi figures of 22.6% that is really exaggerated for which the real reasons need to be investigated from authorities. Cities like Mumbai and Kolkata have around 5.5% rate of total cognizable crimes. The great difference in figures of Delhi and these cities shows that certain procedures have been adopted by the state authorities in Mumbai and Kolkata.

To save Indian families from marital discords, self-help groups should be formed in every community, company and business. Promotion of awareness programs on ‘Pledge of not taking dowry’ among the youth should be done through phone helplines and Internet. Post-marital counseling should be provided to couples who are both working, living independently and feeling stressed out due to work pressure, other financial and family burdens. A joint declaration should be signed by both husband and wife that they have not taken any dowry in marriage, and so their problems are not related to dowry harassment.

Various self-help are being formed by victims of abuse of dowry law, that provides support though helplines in Delhi, Mumbai, Bangalore, Hyderabad, Jaipur, Chandigarh and many other places. More information is available on websites: www.saveindianfamily.org, www.mynation.net, www.pariwariksuraksha.org

FOR COMMENTS & SUGGESTIONS CONTACT AT: Email: nkumar48@yahoo.com

Family support group, both sides of the story

2006-07-29T00:06:00.000-07:00

It is agreed that large numbers of women are suffering in India. However, prudence says whenever there is problem solution should be such, which do not open bigger floodgates elsewhere. Unluckily while trying to protect Daughter-in-laws, our leaders did not make provisions to deal with cases where daughter-in-law is terrorising every one else in the family. It is duty of our leaders to enact laws, which promote family unity, harmony and are for betterment of society. Law should be such where if any family member is trying to harass any one else, in the family; the person harassing is punished.

To deal with Dowry / Harassment cases, section 498a was inserted into the Indian Penal Code. When section 498A was enacted, purpose / Inner meaning were to help the wife to stay with her husband, and at the same time protect her from marital violence, abuse, and extortionist dowry demands.

However, actual implementation of 498a has left a bitter trail of disappointment. National Commission for Women (NCW) may quote any data or facts, but real facts are known to our Judges who deal with such cases. Judges, after examining evidences of such cases, has opined that in large number of cases provisions of sec 498a has been misused. Judges has commented that, these are the offences whose deterrence has proved worse than remedy.

There are any number of cases where even if no dowry was taken / demanded; just because wife was not able to adjust to husband home, in the name of Dowry, 498a has been used an instrument to harass innocent husband, his age old parents and his married / unmarried sisters.
Based on girl’s complaint, police blindly without any proof or enquiry; arrested all those named in the complaint and put them in jail.

There are instances where the main point of discord between the couple was that the wife wanted the husband to leave his aged parent's home or an old widowed mother and set up a nuclear family; since man resisted, wife used 498A as a bargaining device. This is one of the reasons, why more and more senior citizens are landing up in old age homes. Although Judges strongly feel that provisions of 498a needs to be changed, but are unable to do any thing since power to amend Law is in the hands of our Politicians.

Since provisions of Sec, 498a IPC are one sided, this has contributed to increased divorce rate. Recently introduced Domestic Violence Act is also one sided and will further accelerate divorce rate. Single-parent system is worst for any society especially for growing children and will deteriorates Law and order situation.

India is not the only country where family disputes take place; however, no country has laws, which empowers its police to arrest family members without an investigation. In no country people are put in jails, until case has been heard by a judge and person declared a culprit. It is only in India where people implicated with 498a, are put in Jails even before case is heard by a Judge.

In India, commissions are formed, and after commission / committee, submits its recommendations, many recommendations are not accepted, why, answer is best known to our political leaders. Justice Malimath Committee recommendation, on reforming the criminal justice system is relevant.

Undoubtedly, we need law against Dowry / Domestic Violence, however law should be such where real culprits are punished, and innocents are not harassed / victimised. Since in many cases 498a has been misused, it is the responsibility of GOI, Judiciary system, and society to salvage and save the institution of marriage.

Following realities are relevant:

1. It is a myth that Sec 498A / Domestic Violence Act protect the women of India. In fact, these Acts are against women themselves, and adversary effecting children / aged people. If one woman is not satisfied with the family or unable to adopt customs / family traditions of her husband, then nearly three innocent women in the family go to jail WITHOUT INVESTIGATION.

2. Boy side suggestion for a simple wedding ceremony is not acceptable to bride’s parents, because they want to show their richness in society and towards this they try and out perform what other did in their circle. Simple weddings are not acceptable to girls also, because they too want to show type of family they belong.

3. Majority of girls who used 498a were not aware of implications of this law. They were misguided by agencies, which stand to gain financially in many ways. These girls were under impression that by using this law they will be able to bring her husband and In- laws under their thumb. They were not aware that 498a case once filed cannot be withdrawn without permission of High Court, and result will be divorce.

4. As per police records, women are getting involved in all types of crimes. Thus, presumption of our leaders that, daughter-in-laws are innocent and will not lie is a myth.

5. One-sided laws like 498a and Domestic Violence Act, where it is assumed that daughter-in-laws only are sufferers and innocent, while rest all other in the family are culprits; such laws are forcing senior citizens / innocent family members to suffer silently and live under stress and be suffocated by wilful daughter-in-law and her actions / attitude.

6. There is no law under which senior citizens /innocent family members, who are suffering at hands of daughter-in-laws, can seek protection?

7. Once a family has been sent to jail even for one day; possibility to reconciliation under any circumstances finishes.

8. Judiciary system drags the case for 8 – 12 years and marriage ends in a divorce. This way, both girl and boy waste golden years of their youth, waste their income / savings on litigation which otherwise could have been used for better living and education of children.

9. Even in cases where there is lack of compatibility between boy and girl, instead of Mutual Divorce, girl and her parents prefer to file a false case under sec 498a, because they want to create pressure of 498a on boy’s family and then bargain on amount of alimony and maintenance.

10. Social science research shows that children of divorced parents pay a high price physically, mentally and emotionally.

11. Mary Corcoran, a professor of political science at the University of Michigan, did a study showing that family income drops significantly after a divorce. Families that were not poor before a divorce, the income plunge can hit 50 percent. Thus, children of divorced parents are likely to live in poverty, have health problems, and become victims of abuse and neglect.

12. The break-up of families leaves one parent trying to do the work of two people—and one person cannot take care of family that well as two can.

13. Study, published in the American Journal of Public Health, showed when the divorce occurs before the child’s fourth birthday mortality rates of children increases.

14. Fagan and Rector Study show that High school dropout rates are much higher among children of divorced parents than among children of always-married parents.

15. Three of fourteen suicides occur in single-parent families.

16. Children who live apart from their fathers experience more accidents and a higher rate of chronic asthma, headaches, and speech defects.

17. Eighty percent of the adolescents in psychiatric hospitals come from fatherless homes.

18. Compared to girls raised in homes where both parents are present, the daughters of single parents are 164 percent more likely to become pregnant before marriage, 53 percent more likely to marry as teenagers, and 92 percent more likely to dissolve their own marriages.

My submission to GOI, Judiciary system, NGOs, society, and Police Department is please make laws, which punish real culprits, and help families to live in a harmony and save marriages. For this, 498a / Domestic Violence Bill need to be suitably amended and existing loopholes plugged. Towards this, followings are suggested:

1. 498a complaints should be first investigated by designated authorities, instead of police blindly arresting all those named in a complaint without any proof.

2. No one should be put in Jail until case has been heard by a Judge and person declared culprit.

3. Burden of proof should be on the person making allegations, family, which did not make any dowry demand how they can prove their innocence.

4. In case allegations are not proved, action is taken against people who made false allegations.

5. Laws should be balanced and either of spouses who are at fault should be punished. It is wrong to assume that only husband and his family commit crime or Domestic Violence.

6. If GOI is serious about eradicating Dowry system, then person who gives dowry should be prosecuted, since such person becomes equal partner in crime. Punish both giver and taker of dowry and system of dowry will die automatically.

7. It is a known fact that some NGOs are working towards getting a law enacted where dowry giver should not be treated as a culprit. Plea of these NGOs is groom side forces bride side for dowry. Such one sided laws will lead to more false 498a cases. Will law accept plea of a culprit who says I was forced to commit murder.

Request to women readers:

Please appreciate it is not only men who are affected by 498a / Domestic Violence Act, tomorrow a daughter-in-law with High Ego can falsely implicate you also. For every 498a case, at least two women (mother & Sister) were sent behind bars. Records show that in many cases distant relations, friends, became victim of 498a case and were jailed. It is not a gender war. It is WRONG LAW, and we must raise our voice against it. Culprits must be punished. Dowry system and Domestic Violence must be eradicated, as these are evils of society.

To know more about 498a search it on internet.

Modern Naari and 498a

2006-06-04T22:02:00.000-07:00

Women and children need protection - is the premise of Indian Constitution.
Not any more.
The terms and conditions of the game are changing and government should take a notice of that.

Please have a look at the blog "Present India : Blame it on Men"

It made me curious about this bold woman. I did some internet search and found this article : Rakhi Sawant – Boldness Unlimited!

Text is reproduced below. You and your brain is the best judge of this situation.

- Satya

Rakhi Sawant – Boldness Unlimited!
04th Oct 2005 13.26 IST
By ApunKaChoice Bureau

The hot Rakhi Sawant isn’t just good at shedding clothes in front of the camera, her ‘on your face attitude’ too is worth taking notice.

Rakhi already shocked everyone by saying that she wanted to work in a x-rated film and then gave some steamy and hot scenes wearing only an underwear in Khamosh .

We just told you that in a forthcoming movie titled ‘Hot Money’, Rakhi appears in an item number that features her wearing nothing but 2000 coins worth Re. 1 each.

And this what the bold babes says about that song: "I am sure this song will create ripples in the industry. My breasts are covered with coins and when I shake with the music, they vibrate and there's a lovely clinking sound."

That dress (or the lack of it) has been designed by none other than her brother Rakesh Sawant, who is also the director of the movie.

And Rakhi doesn’t stop at that. She seems to be saying more and wearing less in front of the camera.

On an idea about date with Emraan Hashmi , Rakhi said: "I have seen that he has kissed every hottie in each film of his. But I think I can teach him a thing or too about passionate lip-lock when we meet up over dinner & wine."

On being told that her music videos are vulgar: “Yeh toh wahi baat hain, din mein bhaiyya, raat mein saiyya! I don’t think there is nothing vulgar about my dance nor the video. Jinko aankh ki sharam hain, woh na dekhe!"

Seems like Mallika Sherawat has some ‘hot’ competition on hand about being bold, both in terms of saying it and doing it.

A growing number of women are misusing anti-dowry provisions to harass their

2006-05-13T10:34:00.000-07:00

http://www.india-today.com/itoday/18051998/law.html

A growing number of women are misusing anti-dowry provisions to harass their
husbands.

By Namita Bhandare

Ramesh Lal, 65, was going home. He had completed the check-in formalities at
the Indira Gandhi International Airport in Delhi, stated his meal preferences,
got his allotted seat and now looked forward to the flight back to London,
where he lives. That's when the police arrested him. "What's this?" asked a
stunned Lal. The policeman replied that he had orders to arrest him. "What's my
crime?" was the next logical question. "You are charged under Sections 498A and
406." That was a lot of jargon to Lal. The cold reality of the figures sank in
slowly when he realised he was being arrested for a crime he had no knowledge
of: harassing his daughter-in-law for dowry.

Section 498A of the Indian Penal Code (IPC) was meant to be a weapon of
empowerment for women. On the basis of a complaint filed by a woman, a husband
and his family members could be packed off to jail. A small step for the
abolition of dowry, a giant leap for the women's movement? Hardly. In fact,
since the section was introduced in 1984, the number of dowry deaths has
trebled: from 52 in 1985 to 151 in 1997. On the other hand, there has been an
unforeseen repercussion: use of the law to harass the husband and his family.

Lal's is one such case. Not because he could never have harassed his
daughter-in-law, but because she and his younger son had obtained a divorce by
mutual consent six months earlier. What's more, the ex-daughter-in-law had
signed documents stating that she had received whatever was due to her. The
complaint was dismissed once Lal established that his son's ex-wife had
concealed her divorce at the time of filing the complaint. But not before he
was forced to spend five nights in jail. Why did she do it? "I can't say," says
the retired government official. "She probably wanted to humiliate me and
extract some sort of revenge for a marriage gone sour."

The law has rebounded in a way never anticipated by legislators. Says K.C.
Jain, an advocate who's dealt with over 300 matrimonial cases: "It's supposed
to protect women, but nowadays, the law is being used against the husband and
his family."

The provision was made primarily due to the increasing incidence of dowry
deaths in the early '80s and the failure of the Dowry Prohibition Act of 1961.
But it hasn't helped much. In Delhi alone as many as 16 dowry deaths have been
reported till March this year -- that's roughly five a month and over one a
week. But complaints filed by women under Section 498A in the capital have also
gone up: from 222 in 1985 to 853 in 1997. This year, the Crime Against Women
Cell of the Delhi Police has already received over 120 complaints. Says Yamin
Hazarika, DCP in charge of the cell: "People are beginning to talk about these
things. Women are coming out in the open."

Though Hazarika acknowledges that a large number of cases registered with her
are false, she hastens to qualify, "Nobody comes here unless she believes she
is being harassed." Figures of misuse are hard to come by. It doesn't help that
the police inquiry is frequently superficial and there are allegations that the
police take advantage of their powers to arrest the husband to make a quick
buck.

Priya Aggarwal had been married eight months and was pregnant when her husband
died. Since she had invested Rs 2.5 lakh in her husband's business, it was
decided to settle things once and for all by paying her Rs 3.55 lakh along with
21 gold guineas. Her brother-in-law Vineet Aggarwal, however, says Priya has
already taken her jewellery and other possessions, which is denied by Priya.
So, when it was time to pay up, Priya changed her mind, filing a case under
Section 498A and claiming stridhan amounting to nearly Rs 25 lakh.

Women's organisations feel that a woman resorts to 498A only when she finds all
avenues of justice closed. "Sometimes," says Padma Seth, adviser to the
National Commission for Women, "a woman is left with no other way to make her
appeal heard." By law, Priya is entitled to half her husband's estate. It's a
claim that could take a couple of decades to settle in the normal course.
Whisper "dowry harassment" and things move fast: arrests are made, summons are
sent by the police and reputations torn apart. If the complaint is dismissed,
the woman is back to square one. She has nothing to lose. Often, lawyers egg on
their clients to use this section to get a better settlement; fix errant
husbands; send taunting mothers-in-law scurrying for cover; get leverage for
the custody of children; demand property rights. "You have to bolster laws
relating to women to avoid this," says Geeta Luthra, another advocate.

Nikhil Banerjee knew his wife was having an affair. One day, while his wife
presumed he was out of station, Banerjee, loaded with a camera, recorded his
wife's escapades. Armed with evidence, he filed a case of adultery and got not
only his wife, but the lover arrested too. She responded with a case under
498A. Eventually, the two obtained a divorce by mutual consent.

Advocate Kamini Jaiswal warns that with cases such as these surfacing, the
patience of the judges is running out, and it is the genuine victims who will
suffer eventually. But then, adultery laws too are discriminatory. Adultery is
punishable by imprisonment but only when the husband files a complaint. The
wife has no corresponding right -- not surprising, since most laws on
matrimonial matters were framed in the 19th century and no one has bothered to
update them. Maintenance is another matter that has women activists grinding
their teeth. Under Section 125 of the CRPC, a Hindu woman is entitled to a
maximum of Rs 500 a month. Custody of children often goes to the father. The
concept of marital rape is non-existent and often even reports of domestic
violence, which come under the general provisions of the IPC, are not taken
seriously. Says Nivedita M.V. Monga, project officer with the Multiple Action
Research Group: "Even the police tend to say, 'Yeh to ghar ki baat hai (This is
a family matter)'."

Ramesh Gupta, a criminal lawyer, says the law should be changed to recognise
that husbands too need protection. "There should be some provision under which
he can also make a complaint against his wife." But Monga feels the cases are
exaggerated. "Thousands of laws are being misused. Everyone is focusing on this
alone because a change in the power structure affects men." It doesn't say much
for the judicial system, but for some women misusing the law is their only road
to justice.

Some names have been changed to protect the identity of the persons.

Do aur do panch

2006-04-21T00:09:00.000-07:00

Do aur do panch

What's with the Government ? Arjun Singh is proposing reservation in
IIT and IIM, Renuka Chaudhury is proposing extra marks for those
students who work for women empowerment, and now Mathematics subject
no longer compulsory. Well, well, what do you make of this ?

What could be the possible benefits of proposing reservations in IIT
and IIM ? It is clearly understood that it will breed corruption
within the education system, it will deprive students who actually
have the talent to make it big in our the country, and our
technological advancement will badly suffer.

What could be the possible benefits of proposing extra marks for
students who work for women empowerment ? This one is the clear case
of issue exploitation. The issue of female foeticide is so blown out
of proportion that any politician would want to cash in on the
people's sentiments and gain politicial mileage. Renuka Chaudhury is
no exception in the tribe of ministers performing political dramas.
Their business is only to gain political power by ruining people's
lives.

Mathematics could no longer be a compulsory subject. It means that
students will have the idea of statistics on female foeticide but
will not be able to solve simple equations. What a mess they are
making of our country !!!

Tomorrow, when asked, students will answer,

"Do aur Do Panch hota hai, lekin condom nahi lagaya to AIDS hota hai."

Bureaucritic

if things don’t go my way I’m filing a 498a

2006-03-15T21:29:00.000-08:00

I believe lot of these women who end up filing 498a’s are inherently very insecure and weak. They appear to have craved for attention and control all their life. They are not willing to commit to a relationship and bear the ups and downs of marrried life.

Also, something strangely familiar with most of these women is the role of their father and mother in their parents marraige. Allow me to clarify, IMO, women coming from homes where the father is a dodo and nothing short of a doormat tend to be most vengeful. Simple reason being girls have seen their fathers getting trounced by their wives (aka the girls mother) all their life and their fathers squirming at the thought of his wife giving him some 3rd degree. With time girls begin to rationalise that men are meant to be controlled and ridiculed by their wives. Hence the hard stance - if things don’t go my way I’m filing a 498a.

This is just my observation. Some of the most successful marriages I have seen with friends and relatives are those where the girls father is very strong and knows the rights and wrongs of life and relationships. Lot of parents screw up their daughters marriages by allowing them to complain about their husbands and inlaws in fact sometimes even encouraging such behavior. This takes away the element of respect and harmony between the wife and husband which is essential for any successful relationship. Remember there is no such thing as designer husbands or wives or in-laws. Everything takes time to shape up.

498a girls and Borderline personality disorder (BPD)

2006-03-15T21:28:00.000-08:00

There is one aspect even the lawyers or parents on either side don’t catch on much. General depression arising out insecurity (due to lack of knowledge or insight into the husband’s world, especially if NRI) and out of bad treatment by parents (parents don’t start using their daughters for money out of the blue… there must be a long pattern of treating their daughter as a burden to be unshed) lead to a complicated psychological condition in many brides, called the Borderline Personality Disorder. Am not saying all brides are depressed or all have BPD but you must wonder what makes a person drive to an ultimate impulsive act of putting her lifestory in police books and harming her husband irreparably. Vengeance alone is not enough. It prepares the grounds. Her mental condition, commonly equated with what psychologists call self-destruction, help pull the trigger. You know this when her craziness wears out in a few days and she start begging you to take back, that she made a mistake in filing the case, etc. etc. Remember, all of that comes with a lot of lying and making you believe her emotionally.

So how do you deal with a person like that? It is not just withdrawing the liberties… for the withdrawal leads to the craziness of 498A or any other equally hurtful dramas. For those who live with that condition, it is recognized that it feels like “walking on egg shells” all the time with this person. There is a good book “I hate you, Don’t leave me”. Don’t be over enthusiastic in applying the criteria to your spouse. Not all fit the bill, but many do especially in the NRI situation where their dormant mental condition is flared by the separation that triggers the fear of abandonment.

Keep in mind filing a 498A is either a sign of an ultimately clueless person with enormous psychological issues or a very rational/brilliant person who wants to harm you real bad. In either case, you are not dealing with a person who values relationships as something sacred to be worked on. They have grown up all their life in taking relationships for granted. So, there is nothing you can do make this person understand “taking away the liberties” short of they going through knocks for many years, realizing how they were used by their parents to make money, how the parents failed but they destroyed their marriage (and even if they have another guy lined up, their conscience will chase them all their life). The only punishment you can give to a woman like that is to let her get old begging for you and let her file complaints against her own parents if she still claims she did not want to put you in jail.

In the end, once the 498 is filed the issue is simple. This is a person who wanted to jail you. If you give them a chance, they get the signal to respect you even less and hurt you hard anytime they don’t get their way.

Sanjay

No eyewitnesses or evidence is required for 498a!!

2006-03-04T12:26:00.000-08:00

No eyewitnesses or evidence is required for filing a case under Section 498A of
the IPC, and there is no punishment for filing a false case just to abuse
others. The outcome in such cases is: harassment of entire families by the legal
system at the behest of some abusive wives/daughter-in-laws and at times jail
for no rhyme or reason! Therefore, the abusive wives/daughter-in-laws who file
false cases sleep in peace, without a care in the world.

I am not a young woman but I am, like many other women, a working mother with a
son of a marriageable age who adheres to some professional ethics and has worked
hard to save up enough to put a roof over my family’s head. I am sure all women
my age don’t want to go the way many other mother in laws have over the past 2
decades, had their homes broken, destroyed and taken away by an abusive and lazy
daughter-in-law.

In the 21st century, many such abusive daughter-in-laws will be soon crossing
our ways. And if you fail to submit to their whims and fancies, then they will
not shirk away from using the ultimate weapon of 498A. The will even have you
imprisoned and your family’s reputation and honor destroyed by filing a false
case of rape/domestic violence/dowry harassment. What the heck if you are
innocent? Nobody in the legal system cares. They all want your money. That’s the
message sent out by the lawmakers and the police of the country.

‘Evidence’, ‘Eyewitness’ and ‘Investigative agencies’ seem dwarfed terminologies
making a shallow parody of legal/political/moral fairness in India. Loopholes at
different levels have cleared the path for wives/daughter-in-laws who want to
misuse Section 498A of the IPC.

What’s makes it worse is if the abusive wives/daughter-in-laws have contacts
and are willing to provide everybody a share of the “moolah”. A conscience, some
courage, the passion to stand up for what’s right - nah! These are mothballed
virtues, which have no place in today’s world. That’s the message sent out by
the ill-educated urban women of the 21st century, who did a volte face in the
values of morality, honesty, and decency.

What about the support of your friends and relatives if you are falsely accused
in a 498A case? You may be run over by a vehicle or murdered before hundreds,
but cowardly threads will tie their tongues and festoons for your “in happier
days” photographs. They all will wormhole their way to safety if a 498A has been
filed against you.

I am severely burdened. One more dictum has been thrust on me. My
“progressive” horizon is suddenly bleak.

One may counter that only the wearer knows where the shoe bites. Any sane
person will run for his life from marriage to an educated urban woman of the
21st century rather then let the sword dangle on his head under such
circumstances. But there were hundreds of them who have been programmed from an
early age to respond to a young woman’s tears without a care for the truth.

Today it was some other family, tomorrow it could be one of your sons who
might get taken for a ride by the new-age urban woman who feels that nobody else
but she and her parental family have all the rights. Who will the cowardly turn
to, then, for support, having rendered none themselves?

The lessons then:

Never commit the blasphemy of allowing your son to marry the new-age urban
Indian woman because otherwise you will be running from pillar to post for
justice. It could take more than six years and all your savings. However, the
people with connections (like Chief Minister Hooda and Home Minister Advani)
will always get off with ease.

Please don’t suggest pre- or post-nuptial agreements for my son in these days of
adversity. The members of the NCW may knock me down in a spur of vicious rage
before even I could start thinking about it.

The cumbersome cargo of these spooky thoughts have drooped my confidant gait.
Some mothers might want to scream shame, but what’s the use if you live in India
or if you live abroad and you want your son to marry an urban Indian woman. It’s
all in vain because the Indian legal and political system (controlled by the
corrupt) recognizes no other country's law but expects every other country to
obey its orders.

Society needs to change with the times. The ill-educated urban Indian woman of
the 21st century is even more devious and better equipped to get away with all
kinds of falsehoods (fake tears, fake breasts, fake lips, fake hymens, painted
faces, sugar-coated double-speak talk, natural lies, every ready to display her
wares) than all her predecessors. The unsuspecting male does not realize what
hit him until well after it hits him and his entire family.

Only a united stand will ensure justice for the innocent and result in
punishment for the criminal families who file false 498A cases. There need to be
stronger checks and balances in place to punish such false accusers and their
corrupt helpers.

Will the wives/daughter-in-laws who file false cases with impunity, repeat
that dastardly act again once the legal system starts meting out severe
punishment to the false accusers? Most probably, No.

- A mother whose son is falsely implicated by 498a

Dowry Laws: Loopholes & Possibilities Of Misuse

2006-03-02T08:51:00.000-08:00

Subject : Criminal
Title : Dowry Laws: Loopholes & Possibilities Of Misuse
Author : Mr. Arvind Lakhawat

Dowry laws: Loopholes & Possibilities of misuse…

There is hardly any other malady of greater magnitude, which the
society is facing today than the curse of dowry demand and dowry
death. It is commonly talked of in the society that the newly
married wife is expected to be a gold mine, failing which they treat
her as combustible material, and because of this cruel behavior, the
girl, who comes to the matrimonial home with great expectations and
dreams, has to resort to suicide or be burnt alive by the in-laws.

It is ironic that in India dowry was originally designed to
safeguard the woman and it was the provision of " Streedhan"
("Stree" meaning woman and "dhan" meaning wealth) in the form of
money, property or gifts given solely to the woman by her parents at
the time of her marriage. "Streedhan", an inheritance was meant to
exclusively belong to the woman at the time of her marriage. The
abuse of this custom eroded and aborted the original meaningful
function of dowry as a safety net for the woman and was corrupted to
become the price tag for the groom and consequently the noose for
the bride.

The government has tried to combat the growing incidence of dowry
death by enacting various laws to prevent such deaths from occurring
and to punish those responsible when they do occur. The government's
first effort came with the Dowry Prohibition Act of 1961. To
increase its effectiveness, the government has twice amended the
Act, in 1984 and 1986. The 1986 amendments require the police and a
judicial magistrate to investigate every unnatural death of a woman
married less than seven years. Currently, the Act prohibits
the "giving, taking, or demanding of dowry." The Act defines "dowry"
as property that is given or agreed to be given to a newlywed by the
other newlywed or either set of parents "in connection with the
marriage." Violations of the Act are "punishable with a term of
imprisonment of between six months and two years, plus a fine of up
to ten thousand rupees or the value of the dowry, whichever is higher

In addition to criminalizing dowry, the Indian Parliament has
criminalized dowry-related violence against women. The Indian Penal
Code, amended in 1983, outlaws dowry-related cruelty by the husband
and his relatives. The Parliament further amended the Penal Code in
1986 to explicitly provide that dowry deaths are punishable with
imprisonment between seven years and life. Additionally, the Code of
Criminal Procedure now mandates a police investigation into deaths
of women under suspicious circumstances that occur within seven
years of marriage. Finally, in addition to criminal laws, the
Parliament amended the Indian Evidence Act, which now creates a
presumption of dowry death whenever a woman is subjected to dowry-
related cruelty or harassment soon before her death.

In spite of legal breakthroughs, shocking statistics on dowry deaths
continued to show up in Indian newspapers. The 90's showed a steady
yearly increase in bridal death tolls with many more deaths
unreported. Like clockwork every 12 hours a dowry related death
claimed to have taken the lives of over 20,000 women across India
between 1990 and 1993. And the dowry death statistical beat goes on…
live, time, emit, evil…

A total of 2988 dowry death cases are pending in the High Courts all
over the country. In addition 13251 dowry death cases are pending in
the subordinate courts throughout the country. The highest number of
dowry death cases comprising 926 such cases are pending in the
Rajasthan High Court followed by 842 such cases in the Punjab and
Haryana High Court 436 cases in the Bombay High Court 397 cases in
the Madhya Pradesh High Court 141 cases in the Himanchal Pradesh
High Court 140 in the Andhra Pradesh High Court 71 in the Patna High
Court and 35 in the Kerala High Court. As for the Karnataka High
Court the combined figure of 2064 cases is pending both in the High
Court and the subordinate judiciary of the State of Karnataka. In
the case of subordinate courts the highest number of 4974 dowry
death cases is pending in the State of Maharashtra followed by 2213
such cases pending in the State of Bihar, 2064 cases in the State of
Karnataka, 1373 cases in the State of Andhra Pradesh, 1349 cases in
the State of Madhya Pradesh, 936 cases in the State of Jharkhand,
705 cases in the State of Punjab, 152 in the State of Kerala and 85
cases in the State of Himachal Pradesh.

While no time limit has been prescribed by law for courts to decide
dowry death cases both the Government and the Judiciary are
concerned with the pendency of such cases. Meanwhile various steps
are being taken to expedite disposal of cases by the courts. These
include amendment of the Code of Criminal Procedure increase in the
number of judges or judicial officers appointment of special
judicial and metropolitan magistrates and setting up of fast track
courts.

India's statutory laws are ineffective in preventing dowry deaths
and punishing the perpetrators for four reasons:

1. Vague Statutory Language

First, the statutory language is too vague to effectively stop the
practice of demanding or giving dowries. It is actually a problem of
under inclusiveness. As originally construed by the courts, dowry
included only money and property given at the wedding ceremony.
Consequently, the Act did not prohibit gifts demanded after the
wedding. The Act's definition of what constitutes dowry needs to be
expanded to prevent families from evading the Act's proscription
against dowry.

2. Non enforcement of Existing Laws

Equally at fault in the continuing problem of dowry deaths is the
non-enforcement of criminal laws by police and prosecutors. Although
the Ministry of Home Affairs has issued specific instructions to
police officers as to how to investigate dowry deaths, the police
rarely follow these guidelines and frequently fail to investigate
properly. Instead, police often dismiss such crimes as family
disputes and report them as "kitchen accidents." Less than ten
percent of apparent dowry-related deaths are actually investigated.

Even when investigations are carried out they are generally
incomplete. The police fail to take photographs or fingerprints and
often base their investigations primarily on statements made by
relatives. Any witnesses that do exist are intimidated into silence
or are reticent to get involved. If a death cannot be written off as
accidental, the police take months and even years to file a charge
sheet. By this time, any evidence that was available has
disappeared. In addition, prosecutors are often reluctant to
prosecute the alleged perpetrator. Even when prosecutions do
eventually make it to trial, the faulty investigations provide
judges with an excuse to acquit.

Police corruption is largely responsible for such slipshod
investigations and prosecutorial delays. There is evidence that
police are bribed by husbands and in-laws in exchange for agreeing
not to make a formal investigation. It is also not uncommon for
police to conspire with the accused to falsify cases as suicides or
accidents. This falsification may even involve altering the woman's
dying declaration, which is often the only evidence of any
wrongdoing by the husband and in-laws. Such an alteration by the
police may effectively prevent conviction.

Even the judiciary contributes to the small number of dowry-related
prosecutions. Dowry complaints are given such low priority that it
can often take up to one year before the court even agrees to grant
a hearing. Moreover, courts often suppress certain crucial evidence,
such as suicide notes and dying declarations, on technical grounds.

3. Cultural Attitudes toward Women

Cultural attitudes toward Indian women provide the third impediment
to effective enforcement of laws prohibiting dowry and criminalizing
dowry murder. From childhood, an Indian woman is taught that she
will marry the man her family chooses and that she will have to win
over the family into which she marries. Once married, a woman's
maternal family shuns her; she must make a place for herself in her
new family. Moreover, she must serve her husband selflessly, bear
everything without complaint, and never attempt to return to her
maternal family. Hindu religious texts reinforce this theme,
instructing women to remain devoted to their husbands no matter what
their husbands do to them. Social mores dictate that a woman must
never speak out against her husband, and a broken marriage is viewed
as a disgrace both to the woman's family and to her own honor.
Consequently, Indian women rarely seek divorces or accuse their
husbands or in-laws of violence. Instead, they suffer harmful abuse
in silence. Women will not complain about a husband's abuse or even
a murder attempt, refusing to implicate their husbands even on their
deathbeds. As a result of these cultural attitudes, parents and
neighbors rarely offer to help the new bride. Even when a bride has
the courage to seek help, her parents almost always refuse to allow
her to return home out of fear of public humiliation. Thus, the
bride, who has nowhere to turn for help, is placed at great risk of
a dowry-related death.

4. Economic Discrimination against Women

Finally, legalized economic discrimination against women impacts the
efforts to halt dowry deaths by preventing women from achieving
economic independence and freedom from their aggressors. Because of
laws governing the ownership of both real and personal property,
women have "little control over land use, retention, or sale." Of
the personal property laws, only Hindu family law distinguishes
between "ancestral and self-acquired property in the matter of
inheritance." Under these inheritance laws, women are prohibited
from heading households or inheriting ancestral property. Instead,
the only way women can inherit their father's or husband's personal
property is through testation. Although in theory the Hindu
Succession Act gives Hindu women equal inheritance, "in practice,
married daughters are seldom given a share in parental property."
Similarly, Islamic personal law recognizes the inheritance rights of
both sons and daughters, but it mandates that the daughter's share
be just one half of the son's because sons are responsible for
caring for their elderly parents.

In addition to discrimination against women in the matter of
inheritance, women are discriminated against in the area of
employment. No law guarantees women equal employment opportunities.
Because it prevents women from becoming economically independent,
Indian law compels them to remain in abusive relationships, even if
their husbands have tried to murder them. Compounding this problem
are existing laws that make obtaining a divorce difficult and that
fail to provide adequate support for the few women who are
successful.

Sunil Bajaj v. State of M.P. is one of those land mark cases which
points out towards the drawbacks of the section 304-B in the sense
of its misinterpretation by the lower courts and use of it as a
weapon of revenge against the innocent persons. In this case Sunil
Bajaj married Suman (deceased) in 1991. He was asking her wife to
bring money from her parents and parents were giving money to her
from time to time. In June 1995 Suman told her mother that her
husband was demanding an amount of Rs. 20,000 and that he had
illegal relations with some girls of doubtful character and used to
bring those girls to his house. Those girls have beaten her also.
That the appellant was ill-treating and harassing her. The
prosecution says that all that cruelty of the appellant led her to
commit suicide by burning herself on August 28, 1995.

In this case the question of law before the Apex Court was that
whether the conviction of appellant was in the interest of justice
under section 304-B I.P.C. in the light of the facts and
circumstances of the case?

It was held by the Hon'ble Justice Shivraj V. Patil:

It is unfortunate that the trial court did not properly and
objectively consider the evidence to reach a conclusion that the
appellant was guilty of the offence u.s. 304-B I.P.C. the High Court
also did not appreciate the evidences as being the first court of
appeal and had disposed the appeal in a summary way, confirming the
order of the trial court. In the light of the above stated facts and
evidences both the courts have committed a serious and manifest
error in not looking that the crucial ingredient of the offence u.s.
304-B was not established that the deceased was subjected to cruelty
or harassment by the appellant soon before her death in the
connection of the demand of dowry. So the judgment of the High Court
suffers from infirmity and illegality.

So the appeal is allowed and the order and conviction passed by the
High Court and the trial court is set aside and the appellant is
acquitted.

Before coming to any conclusion there is a dire need of analyzing
the statutory provisions about dowry death critically.

By analyzing the provisions of dowry death we may deduce following
from various cases that how they have been actually interpreted by
the judiciary:

(1) Once `cruelty' as envisaged by section 498-A is proved, and then
it will not be necessary to prove that cruelty as mentioned, is the
cause of suicide/ dowry death.

(2) The legislature has presumed that cruelty, as mentioned, is the
sole cause of suicide/ dowry death.

(3) The offence u/s. 304-B and S. 306 I.P.C. will be held proved
without any reference to act of accused in the event of suicide/
dowry death. Even the accused may not be intending, planning,
visualizing or anticipating the act of suicide / dowry death.

(4) It will not be necessary for the prosecution to prove that the
suicide/ dowry death was abetted by the accused.

(5) The presumption of abetment will be available, without there
being any evidence of abetment as provided by S. 107 I.P.C.

(6) The presumption, which was discretionary u/s. 113-A of the
Evidence Act, has been made mandatory u/s. 113-B of the Evidence Act
and S. 304-B I.P.C. thus the court is bound to draw the presumption.

Section 304-B of the Penal Code and S.113-B of the Evidence Act
assume that the sole cause of dowry death/ suicide is cruelty as
envisaged in S. 498-A. this assumption is not based on any
scientific data. The Punjab and Haryana High Court in Balbir Singh
v. State of Punjab held that a wife might have chosen to end her
life for reasons, which may be many, other than that of cruelty. The
following causes, other than cruelty, have been held to be cause of
suicide or death, by various courts:

(1) One third of the people, who kill themselves have been found to
be suffering from mental illness.

(2) The motive for the act that operates on the mind of the author
of the act is not always known or is difficult to discover. Thus the
difficulty is to find actual cause of death.

(3) Everybody has different level of tolerance. The coping mechanism
is not uniform. Some are able to withstand various pressures, while
others succumb to them.

(4) A wife committed suicide since two letters from her paramour had
come to the knowledge of her husband.

It is not difficult to find cases where the motive for the death may
never see the light of the day. The proof may have disappeared with
the death of the wife. For the reasons of self-condemning proof, she
may have chosen to keep it secret, where the husband or his
relatives may not be in a position to lead the evidence to it.

Then the conviction will follow under the presumption, though they
are innocent, there is not any cruelty.

The procedure prescribed by law must be fair, just and reasonable,
not fanciful, oppressive or arbitrary. Where an assumption not
supported by any scientific data existed, the law was declared
unconstitutional.

There is nothing in common between S. 498-A and S. 306 and S. 304-B
of the Penal Code. The motivation of two offences may be quite
different. The ingredients of cruelty (S. 498-A) and abetment (S.
306) or dowry death (304-B) are altogether different. The
circumstances in which the two offences are committed are quite
different.

It would appear that there is no nexus between cruelty in section
498-A and abetment of suicide/ dowry death.

The legislature can provide a more stringent punishment for cruelty
u/s. 498-A but cannot enact law that cruelty will henceforth be
treated as abetment of suicide or dowry death. For example, rape of
a girl of 8 years is even worse than murder, but the legislature
cannot provide that such a rape will be considered as murder.

The S. 304-B provides for a minimum sentence of 7 years rigorous
imprisonment, without providing that for reasons to be recorded, the
court can award fewer sentences. There can be case of ailing mother-
in-law or a pregnant sister-in-law at the time of conviction. Thus
it excludes judicial scrutiny or discretion in showing leniency or
clemency.

The observation of the Punjab and Haryana High Court in Balbir Singh
v. State of Punjab is very relevant regarding the misuse of these
provisions:

These salutary provisions cannot be allowed to be misused by the
parents or relatives of psychopath wife, who may have chosen to end
her life for other reasons than cruelty. The glaring reality cannot
be ignored that the ugly trend of false implications with a view to
harass and blackmail an innocent spouse and his relatives, is fast
emerging. It is time to stop this unhealthy trend, which results in
unnecessary misery and torture to numerous affected persons.

There should not be any factor of sympathy towards the family of the
deceased and that of hatred towards the accused at least in the mind
of the judge to part real justice, not a biased one.

It has been noticed in the cases coming that even when the police
got recorded a dying declaration before a Magistrate and that the
injured wife did not allege any foul play, but after consulting with
her parents and relatives she makes a second dying declaration and
alleges many things. There is no provision in the existing law,
which may act as a safeguard against these types of practices.

In 1995 there was much media exposure about the Ambati family and
the legal encounter with India's Dowry Act. The Ambatis, resided in
the United States and were U.S. citizens of Indian origin. In the
June of 1995 the Ambati groom, a young doctor, married his bride in
India. The bride accompanied the groom back to the U.S. but the
marriage was short lived and the bride returned to India. Months
later when the Ambati family visited India to receive a prestigious
award from the Raja Lakshmi Foundation, the bride filed a claim with
allegations of dowry harassment against the Ambati groom, and his
family. Indian authorities arrested the Ambati family the instant
they revisited India. For almost 4 years the Ambatis battled the
courts of India. In a recent update in The India Monitor it was
announced that the Ambati family "has now been acquitted of all
charges".

The article also stated, that, "during the course of the trial the
Ambatis produced a tape " in which the bride's father, " demanded US
$500,000 to drop all the charges". Very soon thereafter the bride "
wrote to the Ministers for Home Affairs and Law & Parliamentary
Affairs that she was " unconditionally withdrawing" all charges
against the Ambati family".

The significance of the Ambati case and its recent legal outcome
illustrates two things. One being the emergence and surfacing of
dowry related problems entering the domain of family law and
matrimonial life on foreign soils, stretching far beyond India's
cultural and social perimeter. More importantly it also depicts the
possibility of the Dowry Prohibition Act being abused.

In Akula Ravinder v. State of A.P. a sort of relief came against the
possible misuse of section 304-B IPC when it was held that death
must be proved to be one out of the course of nature and the mere
fact that the deceased was young and death was not accidental is not
sufficient to establish that death must have occurred otherwise than
under normal circumstances. Thus, there are still many
inconsistencies in law related to dowry, which should be corrected
to ensure its effective and fair implementation.

But the evil of dowry is equally a matter of concern to the society
as a whole and shall have to be curbed. For this some steps may be
taken as following:

(1) We will have to shift to our ancient value based society where
the women were respected as equally as men, perhaps more than men.

(2) The women need to be well educated and economically independent
at the various levels of the society. We hear of no cases of bride
burning in the western countries because their women are well
educated and economically independent.

(3) In dowry death cases the police investigation should be prompt
and impartial instead of being corrupted, and sloppy.

(4) As recommended by the Supreme Court in the case of Bhagwant
Singh v. Commissioner of police, more women police officers should
be involved for proper investigation of crime against women.

(5) Moreover there should not be unfortunate delay in the disposal
of dowry death cases. Guilty should be punished while events are
still fresh in the public mind so that it can work as a deterrent
for the society. For this purpose special courts may also be
established.

(6) Within the purview of law, registration of marriage together
with the list of gifts should be made compulsory. Provision must be
made that any gifts madder after the marriage should also be
included in the list.

(7) Dowry is a social scourge and public opinion has to be mobilized
against this cancerous evils. It cannot be contained by only legal
and police action. The memorable words of Mahatma Gandhi, Acceptance
of dowry is a disgrace for the young man who accepts it as well as
perhaps a dishonor for the woman folk should ring in the ears of
every unmarried young man or woman.

(8) The educated youth can contribute tremendously in curbing this
evil if they try to implement and practice the education, which they
are given.

(9) Besides of general literacy, a legal literacy programme should
also be started to make the women of the downtrodden class aware of
their legal rights.

(10) In all this voluntary organizations can play an important role.

(11) Thus vigorous investigation and prosecution, realistic
punishment of the offenders along with a determined re awakening
movement to curb the evil are required. There are no short cut and
flashy solutions of this deep-seated social malaise.

Disclaimer : The views in this Article is completly that of the
author, manupatra.com may or may not subscribe to the views of the
author. This article is not intended as a substitute for legal
advice. No portion of this article may be copied, retransmitted,
reposted, duplicated or otherwise used without the express written
approval of the author.
The Copyright of the article is with the Author.

About the Author
Company name: National Law University, Jodhpur
Area of expertise: Constitutional Law
Position: Law Student

Not only NCW are to be blamed

2006-03-01T23:42:00.000-08:00

Yes, there is no doubt that NCW has been misappropriating its powers and mandate given to them by the Government through the National Commission of Women Act, and perhaps they would relentlessly continue to make family life in India worse. However, it needs to be understood that as long as the general public will continue tolerating their rotten activities, everybody, directly or indirectly will be affected by NCW. Therefore, instead of blaming only NCW is wrong. The general public too must realise that NCW has been enacting laws that would destroy all family sanctity and not only men, the coming generations will be ruined.
However, a fact should not be ignored that women have abundant free time to wreck their brains out in conspiring such dirty laws in the society. Men on the other hand have family responsibility and have no time in protesting or objecting against such conspiracy.

But, the general public do have a option here.
The people must start writing letters to media houses, tv channels, and newspapers about the atrocities that exists in the society which does not come to the surface because everybody are trying hard to show suffering of only women. People should start writing letters of objection and protest that media must not protect women. A steady flow of letters from people to media house must bring them to senses and they might start realising that NCW has done irreparable damage to the society in the name of gender equality.

People must understand this. Let media know what the general public are thinking and what they really want. Even the Government is frightened from the media nowadays so we must approach media and inform them about the reality.

Satya posting for Mahesh

Woman files false rape case to pay off debts

2006-02-14T23:02:00.000-08:00

Woman files false rape case to pay off debts

This does not surprise me. With the sort of laws NCW has been
instrumental in passing, more and more misuse will take place.

You have not seen anything. With the countrymen renouncing our Indian culture and blindly following western culture, more and more such incident will come.
"You ain't seen nothing honey".

Combination of Western culture and Indian laws and police is lethal to say the least.
How about the lady gets the same punishment as a man would have got
if he would have actually raped her?

Is it asking for too much?

And may I ask why is her face not shown, why is it covered? Why is that media shows every rapist face, alleged dowry abuser etc., but hides the face of a women? Even though when she stoops down to this henious level?
- Satya

Text of all the related articles
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http://www.ibnlive.com/article.php?id=5384§ion_id=3

A strange story of relationships on V-Day

Arunoday Mukharji
CNN-IBN Posted Tuesday , February 14, 2006 at 23:23 Email Print

New Delhi: It was not the usual Valentine's Day love story. A 27-year-old took Rs 5000 from her friend Poonam, who was having marital problems.

The cash was to get Ramesh, Poonam's husband out of the way and the plan was simple.

The accused would go to the police and claim she had been raped by Ramesh. Even though no rape actually took place, doctors initially believed she had been sexually assaulted.

DCP, North District, Sunil Garg says, "The investigative officer reached the spot and took the alleged victim to the hospital, and the doctors confirmed that she had been sexually assaulted."

But there was a twist in the tale. On extensive grilling the accused admitted she had had sexual intercourse with her boyfriend Navin just before registering the fake complaint of rape.

Both Navin and the accused are now in police custody and the search is on to arrest Poonam.

A very creative and scheming plan just to make a quick buck. Using rape as a weapon to get someone in trouble is somewhat common, but in this case, the accused really tested the limits.

______________________________________________________________________

http://www.hindustantimes.com/news/181_1626105,000600010001.htm

Woman files false rape case to pay off debts
Indo-Asian News Service

New Delhi, February 14, 2006

Lured by the promise of Rs 5,000, a 27-year-old woman in the national capital on Tuesday falsely accused two men of raping her.

Police said the woman agreed to lodge a false complaint in return for the money that she wanted to use to repay her lover's debts.

The woman accused Ramesh and Vijay, both auto-rickshaw drivers, of kidnapping and raping her.

Police said they received a call on Tuesday morning that a woman had been drugged and raped at a secluded spot at Timarpur area in north Delhi. Police took the woman to hospital where a medical examination was conducted.

During investigations, police learnt Ramesh was the husband of the alleged victim's friend, Poonam.

Poonam wanted to divorce Ramesh and asked her friend to lodge the false rape accusation, which would make it easier for her to get a divorce.

"On questioning Poonam, we found she had paid Rs 5,000 to her friend for registering a false case of rape against Ramesh," said Sunil Garg, deputy commissioner of police.

____________________________________________________

http://cities.expressindia.com/fullstory.php?newsid=169887

Fake rape charges: Cops arrest woman, associate

Express News Service

New Delhi, February 14: a woman and her alleged lover have been arrested for trying to implicating two men in a false rape case.

The woman is married and was having an affair with one Naveen Vishwakarma, a resident of Mandoli extension, the police said. Officers added she was offered by Rs 5,000 by a woman named Poonam to falsely implicate her husband Ramesh and his friend Vijay in a rape case. According to the police, as Naveen was heavily in debt, the woman agreed.

On wednesday morning, around 8:57 am, Naveen made a call to the police control room from a Gopalpur STD booth in Timarpur saying a woman had been raped by two people, the police said.

When the investigating officer sub-inspector Dharam Prakash reached the spot, he found the victim had been taken to Aruna Asaf Ali hospital. When he reached the hospital the “victim” told him that when she hired an autorickshaw from Mandoli for Ashok Vihar there was someone already sitting on the passenger seat. When the autorickshaw reached Gopalpur, the two men dragged her to an isolated spot and raped her, she said.

“There were several inconsistencies in her statement and we questioned her again. On repeated enquiry she broke down and confessed she had concocted the story,” said a senior police officer.

Change 498a before it is too late...

2006-02-09T23:03:00.000-08:00

In any society there are good and bad elements. We all have sisters, and daughters, and undoubtedly, if some one behaves with them in an improper way, in such cases, our sisters and daughters need protection, and there should be law to punish the culprits.

However, such law should not have any loopholes/flaws, which can be used to errorise innocent. It is sad to read how section 498A is being misused by many. Unfortunately, the percentage of genuine cases are far too little than number of cases filed.

It is duty of Law Enforcement agencies to introduce safeguards so that provisions of law are not misused. If corrective steps are not taken on top priority, then it will slowly destroy of Indian Culture, which has already started. We are losing meaning of united and loving families. It is high time that every Indian foresee ill effect it will have on our future generations. Let us not set bad examples for our children or force them to grow in broken homes. Nation is not land, mountains and rivers, but kind of people and society that exist.

Let us not have attitude that I am not affected so why I raise my voice against such a law, who knows tomorrow what is going to happen in our home. As educated and responsible citizens of it is our duty to safe guard our society now, than feel sorry later.
REMEMBER WRONG IS WRONG.

See growing rate of divorce. Few days back there was news in HT, as per which majority of divorce cases are because women are having extra-marital affairs, why
this situation is there, it is because certain women feel with weapon of section 498A on their side, they are much stronger than their husbands and In-Laws. My
appeal to President of India, Prime Minister, Cabinet ministers, and Judges is please examine this issue on priority and save Indian culture. Introduce Law,
which will protect innocent - both women and men.

- A concerned citizen

Fertile ground created over the years for misuse of 498a

2006-01-28T11:05:00.000-08:00

A very well written article about the journey of 498a (from creation to it's present state. How 498a is breeding the gender war....

The Section 498A is in existence for more than 20 years but its abuse has touched the gigantic proportion in the last 20years. This is not to say that earlier it was not abused but only it was much less abused. There are various reasons for it.
1. The law was not known to many people the men as well as the women.
2. The position of men in the society was eminent and they were the ones who also protected the women and earned the food and the money to feed their family.
3. The position of husband was eminent in the family. The law abiding wife will not file the false charge against her husband.
4. The society was such that it had provided the milieu in which any such act will be severely punished.
5. There was media that did not lived on sensationalism and would not make these women their heroines.
6. There was no such organisation like NCW.

How the position gradually changed
1. The law is known to many women and few men. The women who do not know the law get the tips from the women NGO. There is no such NGO for men.
2.The position of men in the society has been systematically denigrated by the women organisations. Earlier husbands (men) were the earners and protectors but now they have been labelled as looters, duffers, drunkards and tormenters. This was done by projecting only the darker side but not the brighter side.(example would be that when
girls have the higher pass percentage in the boards it is a gender news but when the boys make it in the IIT entrance no one gives the gender ratio and make the male of the species proud)-More will be discussed later.
3. The husbands also face the same position that when they do good to their women and care for the then it is in dark but if some deviants harm their wives the cry is made that ALL women suffer in the hands of their husbands.
4. the history is full of literature that women lie more than the men and they were not believed bit now the reverse is true. Even the most eminent men are disbelived and their good for nothing wives are patiently heard as well as believed.
5. Media itself as become the female worshipper and sells itself on the images of women. men get lured by these images and boost their sales. It has become sensatinalism rather than journalism. The media cannot criticise its heroine and will always worship the female as her Godess.(this is the single most important factor in the last 3-4 years)
6. About NCW lesser said the better.

What can be done about it?

1. Educate all the men about the law. Create positive bonding between them.
2. Recreate the positive image of the men. One can come up with the idea of giving the advt. about the number of men getting the civilian and the gallantry awards on the Republic day and give the slogan "men are good too". one has to also rework the image of the masculine work, organization and the sacrifices made. One example is
the police. It is one of the most masculized profession all over the world fast loosing its glamour and the awe. It is common by the "civilians" to label it cruel, corrupt "beasts under the Khaki". But does anyone "care" for them. According to home ministry statistics 831 poicemen lost their lives while doing their duty and
5000 odds were severely injured.The return they got from the society? brickbats and curses.
3.Make media more responsible in bringing out the news. They cannot conduct the trials independently and give the public their own impression which is often false.
4. Men themselves should be more responsible in their sexual needs and desires. The control over them will devalue the women as sexual objects.The patriarchy survived over the "brahamcharya" of the men.
The more the men will be compelled to pursue the women more they will be exploited by women.

- Sudeep

And Dowry Demands: What's And How's

2006-01-28T01:00:00.000-08:00

How does a women feel about dowry 'hoopla': "Dowry And Dowry Demands: What's And How's "

Recently came across this article written on Sulekha. Generally written with a balanced perspective.

- Satya

False dowry case ample ground for divorce: HC (Delhi)

2006-01-27T23:48:00.000-08:00

False dowry case ample ground for divorce: HC (Delhi)

Times of India dated 2nd Feb 2005.(page 4)
By Bhadra Sinha/TNN

New Delhi: In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage. The court granted divorce to a man who alleged mental cruelty by his wife.

With this order, Justice O P Dwivedi disposed of a four-year-old petition in which a woman had challenged a lower court’s order permitting divorce to the husband. Mita Jain (name changed) admitted during the proceedings that she had filed a false case of dowry against her husband, in-laws and their relatives in Meerut. As a result of the false complaint, the husband and relatives were in jail for 10 days. The court construed this to be an instance of cruelty. It also concluded against that Mita’s acceptance of Rs 5.25 lakh as a final settlement for divorce was an unfair act. After receiving the payment, Mita gave a statement before Meerut’s chief judicial magistrate in which she admitted that the dowry case against her husband was false. Yet she refused to give divorce.

‘‘The act of the woman in filing a false case was not based on true facts. It clearly amounts to cruelty. Not only did she receive Rs 35,000 and Kisan Vikas Patras, she resiled from her agreement and did not sign papers of divorce,’’ said Justice Dwivedi.

In 1999, the lower court had passed an order in favour of Mita’s husband who claimed his wife had been mentally harassing her since 1993, the year when they left the family home to live separately. According to him, she once attempted to get a false case registered against him. The lower court observed in its order that things went wrong between the two after they started staying in a rented accommodation. ‘‘As per the averments of the husband, the wife refused to cook meals for some of his friends whom he had invited for a party on his birthday,’’ the judge had said.

Legal Torture by women: Silly Seattle: Blaming Brame

2006-01-25T00:11:00.000-08:00

Silly Seattle: Blaming Brame
This is a sad tale of how women can be vindictive and abusive in a relationship.
It is really sad to see that the law makes (quite a few of them are also harassed by their wives...).

I give condolences to David and his family.

- Satya

Consequences of IPC498a on India!

2006-01-21T23:59:00.000-08:00

Consequences of IPC498a on India!
read it somewhere...

by rajeev srivastava

The problem is our Indian ppl are poisoned by the Feminists
organisations dangeroulsy. Whether a male or female, a child doesn't
know. They acquire knowledge throgh the society. This society
contains most vultures than any other as NGOs. So, continuos spread
of hatred towards a man and dowry made these little children prone
to poison. Dowry is a social custom in India for centuries. Crime by
dowry demand is nothing but lost in character and a culprit. we
already have laws for cheating, characterless fellows. why this
498a?

If you see a women around 18 or 20+ and she is straightly, against a
man and male society. Though, she is brought up by her father,
brother. still she says men are bad. It is not their fault. These
vultures should be brought to justice. If they were in USA, by know
they would have met their fate. Rascals of the country, devastating
the culture of my country.

if you notice, population increased highly after sometime, this
IPC498a is enacted by legislation. Main reason, marital discord
between men and women. women were not capable of earning, but learnt
about this law by parents for their selfish reasons. Men being not
happy with his married wife, he is always under 498a threat, wisdom
got lost. The men who are in threat are greatly public servants,
social ppl, highly educated, scientists in urban areas participating
infrastructure design for the country. what happens when they are
not healthy in living? That got affected on to the rural areas. No
proper planning, infrastructure got affected, wisdom got lost and
the country led to 48% poverty level now.

Other men who are away from IPC 498a threats were hooligans,
politicians and evils in society. Wife or in-laws can't dare to
imprison these ppl. into "attemptive murder charge' like case 498a.

Some ppl. still think that, society is better than developed
nations, though we face several problems(polulation, poverty, crime
etc.,), still country surviving, ok. ppl are ok and everything seems
ok. BUT I WARN, there is a limit on everything. We are not far away
from heavy disaster or calamity which can't be even thought. All
intellectuals leave the county for brain drain and minimal
standards. Social-engineering sense mitigated ppl. continue to rule
the country. country leads to graveyard. we may be almost there.

To add hay to fire, domestic violence bill is introduced. SEc.3 is
designed very dangerously. But common man doesn't understand and
falls into the marriage again.

what these vultures wanted from india. They are indians too. Even if
they are funded by western interests, they should not have
sacrificed India for the whole purposes. Britishers who directly
ruled India are far better than these ppl, who have already poisoned
the society. My thought is, why God do not give punishment to their
children in the form of accidents. I do not understand this complex
karma of the lord.

Currently, on an average 52% divorces in the first 5 years of
marriages all over urban cities have started. who take
responsibility for this? do these vultures? Many children are with
single parenting. Singel parent children are more prone to crimes in
any culture by statistics. who takes this responsiblity.? dp these
vultures? Many elderly ppl. who gave everything to their children
sacrificing their life and earnings and happiness are homeless due
to this law or are living themselves. Do these vultures take
responsibility for it?

For each 498a, on an average, there is atleast 1 lakh of money being
spent in urban area by the family for various reason from corruption
to bail. In higher middle class families, where good earning is
there, the expense spent by husband and his family easily goes to 10
lakhs. Wife has to be compensated for quashing the case to court
clerk. If an NRI is caught by the police, excellent day for the bad
ppl. Several lakhs are spilt. if one notices, many women NGOs,
politicians are behind NRIs, stating provision of cell phones for
NRI assaulted women,advertising in newspaper about
NGO to report to. I believe, most of these organisations are just
waiting to get calls by NRI wife. The day of their call is
enough for these NGO to screw more happily that family as there is
big booty in it. So who is benefitting out of this whole process. NO
ONE, BUT COUNTRY DEVASTATES.
Disclaimer: These are my perceptions only. Nothing to do with
other's or an attempt to..

on misdirected feminism in india

2006-01-19T22:34:00.000-08:00

Hummmm....
Found another interesting blog at : http://rajeev2004.blogspot.com/
Those who want to find out about the several hoax perpetuated by feminazies, please refer to : Who Stole Feminism?: How Women Have Betrayed Women and also the "Myth of Male Power"
on misdirected feminism in india
jan 17th

the anti-dowry law has been abused left, right and center. it is a creation of NGOs and feminazis.

instead of the purported beneficiaries of these draconian laws -- poor, rural, oppressed women -- in fact those who use these provisions are rich urban women who are looking to torment men.

similarly, there is another new law, this one passed in 2005, which says that only daughters-in-law have any rights. if she abuses the sister-in-law or mother-in-law, they have no right to sue. on the face of it, if you believe the propaganda about bride-burning being endemic in india, then you'd believe this is necessary. in fact, especially in kerala, what we see is not bride-burnings but men being severely harassed by pushy wives. in rajasthan, similarly, women have gotten into the habit of accusing men of rape -- to harass them.

white feminazis make a lot of noise about bride-burning in india. as though life was hunky-dory for white women in their home countries. in reality, the percentage of women murdered by husbands and boyfriends in the us is greater than the % of bride-burning. not that i believe even one woman should be killed, but let those who cast the first stone not be sinners themselves (incidentally, off topic, the story of the adulterous woman not stoned is a very late embellishment to the bible).

the excessive use of anti-dowry legislation as a weapon for blackmail is counterproductive. this is like the old aesop's fable of the boy who cried wolf. soon judges and policemen are not going to pay any attention to even genuine cases where women are suffering.

the surpanakhas have succeeded yet again in creating strife and grief. and why surpanakhas? i am reminded of mallika sarabhai's dance-drama 'surpanakha's daughters'. mallika sarabhai is a very distant relative of mine by marriage, and i think she is very misguided.

incidentally the surpanakhas are never in the picture when real horrors happen. just today in the pioneer i read this. no feminazi is motivated to breast-beat about this. where is shabana azmi? where is teesta setalvad? where is brinda karat? their silence can be construed as approval.

Varsha Khan's parents kill her, lover in 'honour killings'
Girish Sharma / Bhopal

In a horrific 'honour killing', the parents and relatives of a teenaged Muslim girl burnt her alive late Sunday night in Bhind, Madhya Pradesh, for daring to fall in love with a Hindu man.

The gruesome death of 16-year-old Varsha Khan came on the heels of similar punishment meted out by the killers to her lover, 26-year-old Raghuvir Sharma, in Jaura town, Morena, on Thursday night. Raghuvir died of third-degree burns early Friday morning.

Strangely, although Varsha's father, Hassan Khan and two of his relatives were arrested and sent to jail following widespread protests after Raghuvir's killing, the police failed to prevent the killers from snuffing out his young lover's life.

Before killing Raghuvir, Hassan Khan had despatched Varsha to her maternal uncle in Bhind along with her mother and relatives. There, on Sunday midnight, Varsha was doused with petrol and set on fire by her grand maternal uncle, Nazeer and maternal uncles Kallu and Rauf, according to the police. What is particularly horrendous is that Varsha's mother Guddu Bai joined the killers in their abominable act.

The crime came to light when the charred body of Varsha was being taken to the house of Hassan Khan's brother in Morena district on Monday morning. On receiving information, a police team intercepted and took the body in possession. The body has been sent to Gwalior medical college for post-mortem.

Inspector General of Police (Gwalior range) Sanjay Rana told The Pioneer that the police have registered a case of murder and started investigation. "The family members of Raghuvir, however, have claimed that it was not a love affair, but a monetary dispute which led to the killing of Raghuvir by the Khan clan," he added. But, he said, people of the locality know the reality and vouch that Raghuvir and Varsha were in love.

Mr Rana said on the basis of the statements by Raghuvir's family, murder cases have been registered against the family members of Varsha. He said the police would probe the various angles.

One version has it that Raguvir had reached Varsha's home on Friday after dousing himself with petrol. Angered by her parents' refusal to accept his relationship with their daughter, he got into a frenzy and lit himself. Similarly, Varsha pained by her lover's death, committed suicide, Mr Rana added.

Noted psychologist Sabina Ansari said violence among parents is but they have to face the social stigma forever. "Under the pressure of relatives, in view of justifying their existence they are forced to take such decisions," she added.

Talking about this appalling incident, probably the first of its kind in Madhya Pradesh, she said violent reactions to inter-caste and inter-faith love affairs remain unreported in Madhya Pradesh.

When women is perpetrator of crime

2006-01-11T00:15:00.000-08:00

Excellent article by Rebel !!

AIDWA has been enacted only to express their shock on any women related incident even when woman is the main perpetrator of the crime. AIDWA invariably considered that women are victims and men are culprits. This is how these women organisation work. You have no rights to point fingers at the IAF authorities nor do you have any rights to interfere and dictate on the procedure of dealing with the issue. Anjali has committed a crime and do not deserve to be treated differently from men. And if you are suggested that, which you are right now, then please stop this hypcrisy that you are fighting for gender equality. The law must see crime as crime only and not on whether the crime is committed by a woman or a man. If she was sexually harassed then why did she kept quiet for so long. Why did she came up with such a bizarre accusation on some people in IAF of sexual harassment when her crime was caught ? It is a common sense that she has accuse others of sexual harassment only to strengthen her case. If she is sexually harassed then why has she kept quiet for so long and what evidence she has that she was indeed sexually harassed. If you do not attempt to attain gender equality then please say so openly in the society. Do not try to fool people of supporting women only to harass innocent men under the garb of gender equality. AIDWA should not be allowed to enter this issue since they are not interested in truth. They just want to rage a war with men in the society by hook or by crook misusing laws. Excessive condolence to these type of women will only increase such crime in the future in the Government authorities and private sector. It seems this is what these women organisation want.

AIDWA clearly is a non-democratic

2006-01-10T23:57:00.000-08:00

AIDWA clearly is a non-democratic

Written by Aggarwala

AIDWA clearly is a non-democratic, partisan and a gender biased
organisation as it wants special rights for women when they have
committed the same crimes as men even in the armed forces. What does
it mean by saying that the laws should be sensitive to women? On one
hand these women organisations want equality of rights with men in
all respects, but fail to accept equality of responsibility.

Sexual harassment has become a weapon to intimidate and abuse by
women to falsely implicate any superiors exercising disciplinary
powers over them. So far they have played such games in the civil
life by falsely accusing not only husbands, but their whole families
(even including old infirm father& mother, pregnant sisters, and
small kids) under 498A, under anti-dowry law, to blackmail them and
to extort money from them reportedly in lakhs. Mere accusation by
girls uner 498A can send the whole family to prison!! There they have
not been sensitive either to the women in the boy’s family, or even
the children, but just wanted to exploit the patently absurd laws for
monetary gains. Now they want to be able to blackmail service
officers by playing similar games, to put the national security at
risk. The need actually is to protect services from this blackmail by
these partisan women activists. There is also a need to punish those
women severely who level false charges of sexual harassment, to
double their punishment, to what is carried by the sexual harassment
charge, if proved. Sexual harassment is a serious charge, and if
allowed to be used frivilously, can destroy not only the good name
and career of the concerned officer, but even the morale of the
services, and subject the services to blackmail by foreign enemy
agents who can pay up the female employees of the services to
implicate such officers. It can thus be effectively used to conduct
espionage in the services through such women employees. The services
and the responsible members of the media, civil polity, and the
judiciary must guard against any misuse, which is reported to be
rampant by misuse of 498A by most of young girls these days, under
the cover and help of such women’s organisations. Most of such
organisations reportedly operate under the guidance and help from
foreign sources. Their evil designs must be nipped in the bud.

What about my Rights as NRI?

2006-01-08T19:24:00.000-08:00

I am an NRI, and I am a man. Is it so inconceivable by the Indian Government to see that NRI husbands also go through
a) Cheating by their scheming wife and her family.
b) Domestic violence by his wife
c) Desertation by his wife (who packs up her bags and leaves to India and file false 498a case on him and his family)

What is the future of India, PIO, NRI if the government is so blind to acknowledge NRI husbands and his family issues.

Woman NRIs to have cell by Dec.

Hyderabad, Jan. 8: The Union ministry of overseas Indian affairs will set up a gender cell to take up the cause of women NRI and Persons of Indian Origin (PIO) in their respective countries. Ranjana Kumari, president of Women Power Connect, a woman rights body, said here that the Centre had agreed to set up the gender cell in New Delhi by December this year. She said that the Compulsory Registration of Marriages Bill will be introduced in Parliament during 2006 to help protect the interests of Indian women, particularly those settled abroad.

Ms Kumari is in the city to deliver a talk on gender equity and social concerns of overseas Indians on beh-alf of the Union ministry of overseas Indian affairs at Pravasi Bharatiya Divas here on Monday. She told reporters on Sunday that 12.8 per cent of Indian women in the US are subjected to domestic violence. She said Indian women settled abroad face mainly three types of problems: marriage related issues, pr-oblems of emigrant Indian women in Gulf and child adoption. She demanded that State governments set up special cells to provide free legal aid to Indian women victims abroad. She said that the cells should verify documents of NRI grooms like social security number at the time of marriage to prevent cheating of women.

Brinda Karat now maliging faith of millions of Indian in Baba Ramdev

2006-01-04T11:29:00.000-08:00

Karat(e) chop forced Minister to bypass norms

Pioneer News Service / New Delhi

Brinda submitted animal material as sample---- In what could be an
embarrassing disclosure for CPI(M) Politburo member Brinda Karat,
Health Minister Anbumani Ramadoss on Wednesday said one of the
samples, supplied by her as Baba Ramdev's product, was in fact
an "animal material." The laboratory result was obvious: "dry tissue
of animal origin."

Ms Karat first levelled charges of presence of animal bones and
human skull in Ramdev's products six months ago, then went on to
collect the samples herself, and compelled the Health Minister to
get these tested bypassing the drug controller. The Health
Ministry's vague and inconclusive report came handy for her to
malign the swami.

Ms Karat on Tuesday alleged before the media that the swami used
animal bones and human skull in Ayurvedic medicines from his
pharmacy. The Health Ministry has not attested the source of her
samples. "We did not pick up these samples. Ms Karat gave us the
samples, but we don't know (where she got these from). She is an MP
and I am duty-bound to get the samples tested if she found something
objectionable about them," Dr Ramadoss said.

Similarly, ones of the samples collected by Ms Karat tested by a
premier testing laboratory found "source of DNA of human origin,"
the Minister said. Ms Karat claims she collected this sample from
Ramdev's pharmacy.

The Minister admitted he made an exception for Ms Karat by sending
samples collected by her for testing. Instead of handing over the
investigation to the State or the Central Drug Controller, the
Ministry bypassed these agencies and sent samples for testing. He
admitted there is no other instance when the complainant collected
samples and asked the Health Ministry to test these.

Continuing with mixing half-truths and obfuscating the issue, the
Minister said the issue is one of "mis-labelling" and refused to act
against the alleged violation by the pharmacy. "There seems to be a
case of mis-labelling. If need be, the Uttaranchal drug controller
will pick up samples and test these. They are the ones to take any
punitive action if they find a violation," Dr Ramadoss said. If he
has a case, the Centre is empowered to act under the law.

The Health Ministry does not come clean on the politically-motivated
conspiracy. It sent one set of samples to the Department of
Veterinarian Methodology, University of Animal Sciences and
Fisheries, Kolkata. The State is ruled by CPI(M), whose writ runs in
the State's administration and could have influenced the outcome of
a politically-charged allegation.

The testing methodology raises more doubts. The Hyderabad-based
Centre for DNA Testing and Finger-printing did not find samples to
contain material of human origin, the Minister said. Another
Hyderabad-based laboratory, Centre for Cellular and Molecular
Biology, found the source to contain DNA of human origin. Yet
another agency found two drugs to contain calcium and phosphorus,
while another contained a mix of aluminium, silicon, calcium and
ferrous material.

The Health Ministry did not make the report public, so it is not
possible to know whether all samples were sent to all agencies or a
few to some of the agencies, or whether all agencies employed common
methodology for testing. The norms exist with drug controller, who
was conveniently bypassed in the operation.

While repeating "we do not know where the samples came from", he
continued to assert that one of the samples contained "DNA of human
origin" or "dry tissue of animal origin."

The Minister has set a wrong precedent in disregarding established
channels of drug sampling and testing. His Ministry seems to have
willingly collaborated with the Left leader in maligning an
individual.

What Swapna is saying about female foecide?

2005-12-07T18:19:00.000-08:00

Feminists are contributing to female foeticide
I am a sociologist doing a PhD on Foeticide in urban India. Some of my finding are quite startling.

Agree that there is some amount of Son Preference among parents in India. But, the main cotrinbuter to foeticide is the alarmism created by feminists regarding vulnerability of women in our society. The alarmism about dowry deaths, rape created by feminists and media is sending a signal to urban indian parents that a girl always requires protection and because the the perceived in security (due to alarmism), then feel a girl in house can mean more worry and hence subconsciously they feel a girl can be a burden.

But, in reality, a man has 2 to 3 times chance of getting murdered than women. A boy has 5 times more chance of facing serious injury as a kid compared to a girl. The suicide rate of men is 1.5 times of that of women. The chance of a boy getting assaulted is 3 times more than that of a girl getting assaulted.

This side of reality is not conveyed to common masses. So, people feel, only women face violence. Its just similar to the air accidents being given more prominence in media which makes people get fear of flying. In reality, the road is 10 times riskier than air.

So, its time feminists leave goebbelian path and give both sides of statistics. They must desist from alarmism as this is stopping the Govt. from finding a Technical Solution to the foeticide problem (I mean some changes in the way the Ultra-Sound machines work: may be the image is not to be viewed and sent to a lab which submits the report).

Swapna

Does 498a actually help women?

2005-12-07T00:07:00.001-08:00

Guys,

We do not need to convince the blind feminist that laws like 498a do
not help women. With every 498a slapped on a family there is atleast
one women (mostly the mother of the husband) who has to go through the
legal harassment.
Would women like Girija Vyas and Brinda Karat justify this stupid harassment in the
name of protecting the arrogant bride?

Look at the bollywood stars and the movies. Where women are down to
skimpy clothes which barely covers there vital parts, do you think
these women will think twice about abusing the laws to protect
the "abala naari" when confronted by their husband or ihs family?

My God, I see sites like http://www.498a.org and http://mynation.net
who are crying out for helping the victims of this deranged law.

- Satya

2005-12-07T00:07:00.000-08:00

Site dedicated for 498a victims: http://www.498a.org

2005-12-06T23:59:00.000-08:00

Guys,

Did you check out 498a.org ? It has really good flyers for publicity which lists out the 24 hour helpline numbers to save Indian Families and help the victims. You can click on the "distribute Flyers" and have a look,

- Satya

"Ministry biased against NRI husbands?"

2005-12-06T23:57:00.000-08:00

This letter was sent to the editor of India Abroad newspaper. This was a well written letter which got published on 2nd December newspaper.

- Satya

NRI bashing by the Ministry of Overseas Indian Affairs

I would like to bring your attention towards the website of Ministry of Overseas Indian Affairs (MOIA). There is a section which talks about the issue of "Failed and Fraudulent" marriages with NRIs ( http://www.moia.gov.in/dfmain1.asp?tid=1). It is ironical to see that the ministry which has the job of protecting NRI rights is itself trying to put all the blame for such failed marriages on NRIs. The website also publishes the letter sent by the Secretary of MOIA to all the Chief Secretaries of Indian States in this regard ( http://www.moia.gov.in/showinfo1.asp?linkid=214). There is also a draft of a booklet "Information Booklet On Marriages to Overseas Indians" which the MOIA wants to publish ( http://www.moia.gov.in/shared/linkimages/46.%2003-251005).

A cursory reading of this booklet reflects how outrageous the contents are. All the examples of 'typical incidents' the booklet cites suggests that the overseas Indian groom and his family members are cruel, arrogant and fraud. Further, it suggests that the Overseas Indian (OI, as termed in the booklet), and his family members are solely responsible for failed/failing overseas marriages.

Every 'overseas marriage' has similar problems as in an Indian marriage (Indian marriage here refers to couples married and living in India). 'Overseas Marriage' has additional caveats due to immigration/visa issues. Indian government, NCW and other women organizations cannot say that mostly 'husband's family' is responsible for "sufferings of women who are the victims of marriage to Overseas Indians". If any of the above organization has cited the statistics to support their findings, it must be present on MOIA's site (with it's source) for people to download and comment. Is the Indian government trying to suggest that OI's are female beaters, female abusers and do not have respect for their marriage and their wife? Is the government trying to prove that the NRIs who bring fame, glory and prestige for the nation are bunch of cruel people.

I have seen umpteen cases here in the United States where in a tensed relationship wife goes back to India and files a 'false dowry harassment charges' and 'misuses IPC 498a' on the husband's family. There are cases where a wife wants to support her family in India by sending them part of husband's earning and when husband objects to that, problems start in their marital life. There are cases where marriage turns sour when wife tries to control husband's life in various ways. The list of marital problems is endless and it is similar in 'overseas marriage' and 'regular Indian marriage'. Media both in the US and India has reported numerous cases in past few years where wife who married to OI male falsely accused her husband and his family of various crimes (including domestic violence). After long litigation, which drain time, money and energy, husband's family was proved innocent.

The booklet must provide details and directions for both men (including OI's) and women about how they can protect their own rights before, during and after marriage both in India as well as overseas. The MOIA should also publish the names of the NGOs, law agencies and addresses of the people who helped MOIA prepare this draft. The booklet should help all the Indian citizens irrespective of their gender and location. The MOIA should consider these views and facts before finalizing the contents.

Thanking you,

Vijay Sharma
San Jose, CA

What Indian woman organizations have done for India?

2005-12-06T23:53:00.000-08:00

Look what woman organizations have done to the country. All over the world
they have projected the image of Indian men as "dowry takers", "dowry harassers", "women burners".

Why don't they project India as a country where Indira Gandhi (one
who passed this deranged 498a law) ruled India for 18 years (In the
very advanced country like USA, in the history of 225 years there
has been no woman president).

Why don't they project India as a country where they have equal
number of Godess as Gods.

Why don't these stupid feminists show that India is a motherland.

Why don't they show that in Tajmahal was made in memory of wife.

Why don't tell the world that Indian men loves and respect their wife without any make-up.

Why don't they tell that Indian men as so committed that the divorce rate is less than 2%?

These feminists are the worst possible animal, so much so, they hate themselves, and they are jealous of happy married couples.

acquitted him and his family of all charges of dowry harassment

2005-12-06T23:49:00.000-08:00

For 5 years, she dragged him before law, now he wants Rs.2 crore

Times News Network

Chandigarh : For Kuldip Babbar who fought a five-yer long legal battle in courts to prove his innocence, it’s payback time.

After a local court acquitted him and his family of all charges of dowry harassment last year, Kuldip Babbar, 42, has now moved court against the UT police, his former wife and 16 other witnesses seeking damages worth Rs.2 crore (Rs.50 lakh each for his aged father; two sisters and himself) for defaming and falsely implicating him and putting his family through a harrowing time for more than five years.

Babbar has also cited mental harassment, loss of livelihood and income and expenditure incurred while defending the ‘malicious prosecution’ as reasons for seeking the damages.

Admitting the petition, Civil Judge (Senior Division) RK Bhankar issued notices to the UT IG, SSP, SHO (Sector 19 police station), Reena and other defendants, summoning them for appearance in court on February 14, 2006.

Babbar, a former resident of Chandigarh who married Reena, a resident of Jalandhar in 1993, says that he and his wife developed differences soon after the wedding on account of an alleged extra martial affair of his wife.

Their differences grew and the fights became more frequent after which Reena in collusion with the landlords of the house in Sector 21 where the family was staying lodged a dowry complaint in the Sector 19 police station.

She alleged that Babbar and his sisters had beaten her up and tried to set her on fire.

In his petition Babbar has alleged that after the false complaint was made, his father and sisters were harassed to no end, especially by certain investigating police officers who were allegedly bribed by Reena and her family. He has also submitted in court some tape recorded conversations of the telephone calls his wife made to certain officials seeking their help to falsely implicate his family.

SIF on Brinda Karat

2005-10-15T11:49:00.000-07:00

Another post by SIF:

ON BRINDA KARAT

We strongly condemn Brinda Karat for her outrageous and inhuman remarks during her campaign to belittle the abuse of mother-in-laws, elders and even young children. She has set new records of human indecency by ridiculing the grotesque forms of domestic violence that mother-in-laws, elders and even young children have been subjected to by abusive daughter-in-laws who are blatantly misusing IPC 498A.
It is perverted logic that justifies the contemplated domestic violence laws that ignores the fact that mother-in-laws sisters and nieces are women too, and is unwilling to allow the men even basic human rights let alone equal rights. As always, violence against men by women goes un-recognised and under-reported. For the real women victims of domestic violence (mother-in-laws, sisters and nieces)this carries a deadly message : remain silent sufferers and indeed expect further un-checked attacks by abusive daughter-in-laws. For those who rule India today, past atrocities (including perceived and exaggerated) against women (and some by other manipulative women), rather than providing lessons for Governments to ensure preventive measures to protect both genders, become precedents to legitimize present and future domestic violence against women, elderly and even children. Has Ms. Karat met any of the victims and heard their terrible stories, before she misused her powers to challenge the veracity of their statements. Has she ever tried to investigate the truth about the abusive daughter-in-laws who, along with their helpers are brutalising other women, elderly and even children? She has not. She has not verified the truth from the victims.
Ms. Brinda Karat has caused enough damage to Indian families by her
shameful defence of the criminal daughter-in-laws behind the domestic violence. Her latest manipulations will further hurt the sentiments and deepen the insecurities of the lakhs of victims waiting for justice. A woman like her should find no place in any society even in one as compromised as this one.

To let you in on my mental state: by Kavi

2005-10-12T00:30:00.000-07:00

Another friend of mine has been bitten by his wicked wife...... A post by him (named Kavi)

To let you in on my mental state:

Sometimes, I go through massive stages of despair and helplessness.
Sometimes, I feel so angry I want to burn down everything we
ever owned.
Sometimes, I feel calm like a rock. At that time, she robbed me as I
go up the economic ladder. It is better to be robbed when you have
saved 100K instead of having 1MIL. Then, I think it took me 10 years
to save 100K. With a decent lifestyle, you only can save approx
10-15% a year.

But, at no times, I feel normal and that is what terrifies me. Am I
doomed like this for rest of my life?

I have no doubt in my mind that she is not happy. She did love me
and at some point in our life, she had completely meshed with me.
But, it is greed that is fed into her from somewhere. Her material
cravings as a woman and wanting it fast(now) are increasing with
age to make it worse.

At current state of anger, She wants divorce only if she is able to
break me. But with her away from my life, I find myself laughing
and that really infuriates her.

She wants me to do some mistake thaht she can catch. She wants
me to go to prostitute. She cannot believe that guy like me who wanted
to have sex with her all the time can live without cravings for sex. She
cannot find one friend of mine who she can use to tell me to do what she
wants me to do.

All of this, while her bank fraud and theft are getting worse and worse by her lack of understanding reality. Someday, police will catch up to her.

What will happen of my daughter then?
Will I become like my FIL in 15 years time and try to rob
young men who come her way and make her life hell too?

All I now understand is "Desperations create criminals". I don't know how,
why, when she became desperate living with me. I was too busy working
to earn to secure all our material stuff. Now she has moved through it like
a knife through butter and I don't know whether to force her to stop or just cheer her to do it fast and get it done and over with.

Somehow, I am optimistic in all this. She cannot steal the knowledge
with which I earned all the trappings. Sanskrit shloka sums it up well.

Na chorya harte, na raj karyam
na bhatru bhajyam vyaye krute vardhate evem vidhya,
vidhyadhanam sarva dhanam pradhanam

illusion verses reality: time to wake up.

2005-10-12T00:29:00.000-07:00

Another posting by Mihir, hats-off to him, he has articulated it well...

Since childhood we have been told that women must be respected and revered for their purity, supportive nature and a care-taker. A picture of an ideal woman was formed in our heart and we continue to embellish that image in your heart till you find that ideal woman. Till youth, we are always looking for that ideal woman who will act as a back-bone of our life. But only after marriage, we realise that women are no longer women. Only after marriage we realise that the picture we formed in our heart for an ideal woman was all fake. It was an illusion. But the image was so vivid and deep-rooted that we can't believe that it was just an illusion. We don't let that image vanish with the experience we get from women. We still hope that the ideal woman do exist. This is how we most of the time contradict our own mind. Our mind says that the ideal women is an illusion and our heart says that never let this image disappear. Thousands of 498A victims are in this contradiction. They just have one option that they must forget the whole episode and move on with life. They won't even bother to seek information on other victims and share their experience and do something to stop this misuse. Very few 498a victims have the courage to stop this injustice and come forward to join this group. It is scientifically proved that men are more sensitive and emotional than women. So most men succumb to the emotional pressure and forget everything and try to start their life afresh. It is disappointing to observe that a man doesn't want to help another man.

Mihir

'how can she do this to us'

2005-10-11T22:34:00.000-07:00

Guys,
As a kid when we used to have a aggrasive physical fight in school, we used to hit each other at places which would be non-fatal or would not bleed. Around college, I saw 'gunda' element hitting people where they would bleed or hurt really bad (ex. eyes, nose, ear, head, groin....).
The analogy is, we are not like 'gunda' element who would do such a horrendous thing (498a) like our counter parts have done or are in the process of doing it. It is not easy for us to live peacefully with ourself learning how to hate.
We are taught to
a) believe blindly in wife after marraige
b) Keep the marriage through, so called tough times.
c) be polite and give respect to wife at all time (she is 'bahu')
d) love her and treat her well...

No matter how hard you try to change yourself, the ingrained value system does not let us fall down to 'her' level. This is the main reason why we do not understand 'how can she do it to us'.
- Satya

mental harassment yard-stick...

2005-10-07T11:44:00.000-07:00

Following is the post from Mihir, well articulated. How can government maintain that the mental harassment is property of 'wife' only. Is there a law in IPC which says Indian man can file a case against his wife on account of mental cruelity...
As per IPC " Whoever, being the husband or the relative of thehusband of a woman, subjects such woman to cruelty shall be punishedwith imprisonment for a term whcih may extend tothree years and shallalso be liable to fine."Cruelty meansa) any wilful conduct which of such a nature as is likely to drivethe woman to commit suicide or to cause grave injury or danger tolife, limb or health (whether mental or physical) of the woman; orb) harassment of the woman where such harassment is with a view tocoercing her or any person related to her to meet any unlawful demandfor any property or valuable security is on account of failure by heror any person related to her to meet such demand.In the point (a) meaning of cruelty which has specified theword "Mental".
Mental harassment is entirely a subjective issue.Mental harassment can never be generalised. A woman will be said tobe mentally harassed if her husband fails his promise to come home intime. A woman will be said to be mentally harassed if she sees somefood left-over in her husband's dish. A woman will be said to bementally harassed if she can't buy expensive jewellery for herselfwhen her husband's salary isn't enough. A woman will be said to bementally harassed if her husband attended an important office meetinginstead of going out for a dinner with her. There are plethora ofsituations where women can get mentally harassed on petty, trivialissues.Therefore, the word "mental" is vague and can't be generlised. Ittotally depends on person to person.
The mental harassment increaseswith the lack of understanding between the two. Therefore,understanding between the married couples is subjective and one can'tmake any laws or rules on such a intimate relationship. There is noreason to believe that men are not mentally harassed by their wife.Wife too can drive a man to commit suicide which as a matter of factis supported by statistics. Men too is exposed to mental harassmentfrom wife which is disregarded by the laws (which exactly thesefeminist wants). Including such vague words even in domestic violencebill is objectionable. Laws-makers who are corrupt politicians haveno clue about the labyrinth relationship between a married couple. Toadd fuel to fire, feminist organisation have managed to fabricatereports and compelled the law-makers to device such laws andrules "only to control men".We must emphasize the word "Mental harassment" in 498A and DV inorder to give a correct picture to the law-makers.

Who is weaker gender in India?

2005-10-04T10:27:00.001-07:00

Read somewhere today, thought it is food-for-thought...

1) Women don't have to pay income tax if her earning is below Rs.125,000/- per year. Man has to pay income tax if his earning is aboveRs. 100,000/- per year.
2) Employment opportunties are much greater for women. Men with greatcrendentials are jobless or working for meagre income.
3) Women have a special compartment in trains. Men have to travel inthe most hazardous surrounding in jampack train compartments.
4) Women employment condition is healthy and safe. Men employmentconditions like working in Municipal drainage cleaning department,mining, oil refinaries, construction site, transport (taxi,autorickshaw), merchant navy and many more are most hazardous.
5) Women goes to rehab after committing a crime. Men goes to jail andgiven third degree after committing a crime.
6) Women have an option to become a housewife after quiting her job.Men has to keep on working and earn for his family.
7) Women are given international acclaim and fame after someachievement. Men are told after achieving something, "Your wife islucky for you".
8) Women can cry and relax and also receive lots of sympathy. Mencan't cry and if cries, he is humiliated.
9) Women can provoke the public to beat up a man. Men has to keepquiet even after been slapped by a woman for no fault of his.
10) Women are portrayed in Media as the goddess and Ms/Mrs Perfect ofIndia. Man comes in the media for all the wrong reasons.
11) Women can file a false case on man and police will believe it.Men will file a true case on women and police will arrest him only.
12) Admission criteria in institutes are relaxed for women. Men haveno right to study because they are good only at labour/manual job.
13) Women has greater chances for getting a job as a journalist or anews reporter. Men's duty is only to go to the most inhospitableareas to get reports for the news channel.
14) Women has the right to receive alimony from husband after divorceeven if she earns more than him. Men has to pay alimony or he will bearrested.
15) Women has an indestructible credibility in the society. Men arealways notorious for living in a country like India.

You still think women are a weaker gender ? Think again.

Who is weaker gender in India?

2005-10-04T10:27:00.000-07:00

IPC Section 498-A: Misuse: But how Hindu was that Marriage?

2005-09-24T18:43:00.000-07:00

Guys,

This person named Zinesh has written a very relevant article about hindu marriage, unruly and disrespecting woman in hindu marriage(s). Please read on ....

http://indianhusbands.blogspot.com/2005/09/but-how-hindu-was-that-marriage.html

Please visit the link and post your comments...

- Satya

In response to Protima Pandey's mail.... she does'nt get it either.

2005-09-24T01:22:00.000-07:00

Hi Protima,

I just cannot believe you can write this long mail on just one premise.Your premise is: the woman who filed the case has filed because she was harassed by in-laws for dowry. (I am dead against dowry. I did not take dowry in my marriage). If I would have, I would not have guts to campaign against this law. It is important to eradicate the social victim of dowry. But to do that by making absurd laws is not going to help men or women.

All this uproar and voice is against the false use of 498a. You and Jayna are just trying to protect those vicious ladies who are misusing the law. Need for a law (as you say) does not mean make a law with loopholes and do not do anything about it's rampant misuse.

"Criminal cruelty laws under sec. 323 to 326 IPC and
sec. 352 IPC can be used by both men and women."

If there are criminal cruelty laws, then why make new 498a. Why make Domestic Violence law? How many men and women you have seen who use the above mentioned IPCs? Any why have you not seen a news articles and mails about their misuse?

"I am a bit weary of people saying that women are
perpetuating a false picture! I am not sure why you
think women can get away by giving incorrect
information."

Women organizations have done it again and again. They have perpetuated wrong information around the world. They have portrayed a picture of men all over the world torturing them. It does not do any good to foul cry and try to prove that other half is dominating you. Read "who stole feminism" to get a good picture of the harm women organizations have done. It is written by a woman.
Those in-laws and husbands who harass their wife for dowry or gifts should rot in hell, they do not deserve and lesser punishment. But what about those whose life is govern by unruly daughter-in-law. Read about borderline personality disorder (which is mostly localized to women). A woman with that disorder can make everyone's life a living hell. Are you trying to say, that you have not seen lots of women in your life who are like vamp in house? Do you think they will do justice with 498a? Do you think man are not nagged by their wives, harrassed and beaten up by their wives? Then why can'nt they file 498a. Also, for you information, read 498a again, it is not 'specific' to dowry now, it was amended and it is generic..... means 'harassment/torture' on wife by husband and in-laws.

Let me ask you do try the following first hand and let me know your experience:

Go to police station and file a complaint against your husband and relatives (even those relatives who do not live or ever lived with you) and see the result. Police will file it and you would not need any proof....

Satya

In reponse to Jayna Kothari's mail... she just does'nt get it

2005-09-23T14:18:00.000-07:00

Hi Jayna,

I have compiled the list of 'truths about 498a'. You are welcome to send it to your friends and families.

http://stannoxane.blogspot.com/2005/09/truth-about-ipc-498a.html

1) I wish you could use your judgement to understand if that laws like 498a and DV need ammendments, there are a plenty of people who mis-use it. With every 498a (filed by wife or her relative) there are other women (mother-in-law, sister-in-law) who go through hell. So 498a is not for protection of women, it is for the protection of wife (WIFE ONLY!!!). Why is that no other country in the world have such gender-biased, wife-biased law? If you are giving me the statistics w.r.t. the convictions and judgements, then respect the statistics and confess that the misuse of the law is rampant. The judicial results speak for themselves.

2) If you want us to believe that the woman organization statistics is more reliable than court results, than we differ in opinions. What makes you believe so much on woman organization and their work. Please give me name of one independent social research on 498a conducted by an organization which is not headed by woman?

3) If you are trying to say woman do not have problem of aggresion and that 498a is used as a last resort by them to escape physical and mental torture, then you ought to have open mind and do some more readings by psychologist on the net.

4) You forgot to add that Center for Social research headed by a woman (who confesses to being a feminist) reported in August'2005 that only 6.5% of the cases of 498a are false, where are High court and Supreme court judges who deal with this social epidemic on a regular basis have said that the percentage is somewhere around 70-80%.

Jayna Kothari wrote:

Dear all,

Let me try and respond to some of the issues that have
been raised in the Section 498A discussion to the best
that I can:

1. First of all, all laws may be generally open to
misuse. Is there anything extraordinary about the
misuse of Section 498A? I do not think so, and I am
only relying on factual data and empirical studies to
support my claim.
A study of court decisions in the state of Maharashtra
carried out by the Women's Studies Unit of the Tata
Institute of Social Sciences in 1996 showed that only
2.2 % of cases brought under section 498A during
1990-96 resulted in conviction. Another study done by
Vimochana in Bangalore during the years 1998-1999 on
cases relating to dowry death and domestic violence
based on the Karnataka State Crime Records data shows
that only 22 cases of Section 304B (dowry death) and
498A were disposed of in 1998. Out of these, none
resulted in conviction - 4 were acquitted and 18 were
disposed by other methods. In 1999 too, there were no
convictions - only 2 acquittals and 19 "other
disposals". The latter category of â€˜other disposalsâ€™ is
an euphemism for "compromise cases", that is cases in
which victims' families are induced or threatened into
letting the police drop proceedings against the accused
- a totally unacceptable procedure since criminal cases
are not compoundable like civil actions. These facts
show that in majority of the cases, even the entire
trial is not completed and the complainants are forced
to drop the proceedings. Therefore the argument which
some of you might make that the abnormally low
conviction rate proves the falsity of the cases cannot
be sustained.
Another significant study done by the Tata Institute of
Social Sciences on Section 498A complaints in 1999
received in four police stations in Mumbai revealed
that 40% of these complaints were filed by their family
members, after the women were dead. This shows that in
almost half of the cases of domestic violence, the
womenâ€™s family only approaches the police after she is
dead.
These studies are available with TISS and Vimochana and
if anyone is interested I am sure they would be very
happy to supply copies.

2. Secondly, have there been any studies to show use
and misuse of any other laws, for eg. theft or murder?
Do we know how many convictions have taken place for
other offences, as compared to the number of cases
registered? I dont think there is any State sponsored
study to determine what amoutns to misuse. Therefore, I
would say that we should not loosely make claims of
'misuse' of Section 498A without keeping all these
factors in mind.

3. Thirdly, there is no bar to the State enacting
pro-women laws. In fact the constitution mandates the
State to make special provisions for women and children
in order to protect their rights. Therefore, I do not
think that the argument that there should not be any
pro-women laws can be sustained.

4. lastly, someone on the list complained of there
being too many women's groups and not enough children's
groups and men's rights groups! You may not be aware,
but there are hundreds of child rights groups all over
the country. And as regards groups to protect men's
rights - you are free to start your own group to
protect your rights if you believe they have been
violated. India is a democracy which allows people to
associate freely, so maybe some of the men on this list
who believe that Section 498A is being used falsely
against them must start their own group, and I wish
them all the best!

regards,
Jayna

truth about IPC-498a

2005-09-22T14:07:00.000-07:00

What 498a is:

1) Gender Biased law: Only women or her relative(s) can invoke it.
2) Wife specific : Only married women's relatives can invoke it.
3) No proof required: Can be invoked by wife whenever she wants, without any proof of any sort.
4) Non-bailable: All those named in the FIR (first Information report) have to be arrested without police bail. These people may not be living within the same household as wife (distant relatives can be implicated too).
5) Non-compundable: Once wife invokes it, she cannot take it back.
6) Criminal law: It is not a civil law, it comes under criminal code.
7) This law exists only in India: No where in the world you can find this kind of ridiculous law.
8) Extortion racket: Most implicated people/family are from middle to high class
9) No punishment for filing false 498a: even if it is proved that wife misused the law, she and her family members go spotfree.
10) Causing corruption and misuse of police power: Police harrasses family members implicated in 498a.
11) Simple search on internet will show that it is getting misused heavily by modern women in India and rural women (for whom this law was made) are more or less in the same situation as they were when the law was introduced.

498a is not:

1) does not Save marriage: We do not have a single incident when wife reconciled with husband after 498a.
2) not helping wife also: We do not hear of what happens to woman who had put 498a. Why don't women organization publish statistics about post-498a state of women.
3) not about gender equality: It is about improper law to help wife dictate the rules in a family. With every FIR, another woman (mother-in-law) is also implicated.

Make this world a 'fair' place, not a breeding ground for skeptics

2005-09-19T00:25:00.000-07:00

Guys,

Look at what is happening in the world. No trust for outsiders, and now, no trust within family...... not even between husband and wife.

Consider a simple accident on the road in India. A man driving a car, suddenly from now where a bicycle crosses the street in front of him, the driver slams on the brake, tries to save the poor man on the cycle, but eventually hits him. Who is at fault?

Guy who is driving the car, or the one on the cycle??? You might be thinking... obviously the man on bicycle............. NO......... public outrages at the scene of incident and beats up the car driver. Why? Because he is the strong person (bigger vehicle, he must be at fault, no matter what. Similar situation you can expect between an accident of truck and a car. Truckwala is 'considered' culprit.

The same goes for man and woman. There is an argument between the two. May be a little brawl, but who is considered at fault? Man..........

Psycholofy at work. The weaker person is mostly considered 'taken advantage of'. They are the one to be 'saved' from claws of the 'stronger' one.

Now about 498a.... (to save the so called helpless woman)...

1) 498a can happen in love marriages (case of d'Souza, swarup)
2) 498a can very well happen in arranged marriage (thousands of
cases reported everyday, and some to this organization).

Woman can unleash her hell, inside or outside India, in love or
arranged marriage at her whim. Make them happy or face the
consequences.

Feminists are really spoiling the world for human society (not only
for man). But they are really deceiving women and making man more
and more cautious and 'skeptic'. Now married/unmarried man cannot
trust his wife (for once she may be deciving her for her untoward
plans).....

Future looks so bleak.....

-Satya

Who's the weaker sex?

2005-08-30T15:08:00.000-07:00

Through out the internet, you will find the stories like the ones described in the following article.
Why is that women is considered the one who is "bechari", who must be the one at the receiving end of the blows. Just because they are physically weak? I conclude that only because of this property, they are favored by every ladder of society(media, professionally, lawmakers, law enforcers). No one wants to be part of the controversy that a sect of people did not help the "weaker" sex.

Who's the weaker sex?- The Times of India

In the largest democracy of the world, where everyone should be treated 'equal". Men are losing their voice and equal status because of some disillusioned "gender feminist". European countries and the west has already seen the harm the vocal and new age gender feminists have done. Do we want to have the same single parenting system, and broken marriage homes in India ? I would like to ask these law makers and feminist as to what is their ultimate aim and how 498a and domestic violence bill helps the same?

- Satya

498a and it's far reaching effects on society

2005-08-23T12:31:00.000-07:00

Thoughts .....

The problem with our young guy's mind is: "Unless it is their personal problem, they do not care". That is why getting people to even acknowledge that 498a is the cancer of Indian society it a big task. 498a is a something like virtual sword, if you are uxorious, you will never see it, but if your wife is modern type...., then soon a day will come and the sword will pierce your life.
According to an estimate, there are around 25000-30000 false 498a cases filed every year in India. This creates multi-dimensional problems to the families and society.
1) Lot of productive time, energy and money of the family is spent to proving themselves innocent.
2) Law implementers and judiciary has to spend countless number of hours presiding over a 'civil' matter (false in more than 90% cases). Judiciary has 20 million civil and criminal case backlogs.
3) Tax-payer money is spend on the government lawyer appointed to the daughter-in-law and letting her fight her vicious lie.
4) Over years, when the families who have not spend a single minute with lawyers, courts and police, get depressed with the judiciary and police system.
5) Eventually institution of marriage would be more like a business transaction (in which man and wife will have to document every agreement in writing in front of lawyers).
I think the better campaign to create awareness about 498a and it's rampant scrupulous use by urban modern daughter-in-laws is to publish ad in the newpapers and magazines.
Feminist organizations are federally funded organizations, which is not easy to organize in case of guys. Feminist organizations have tax-payers money at their constant disposal. When Brinda or Indira jai singh speak, they are cited in newspapers. But when we speak, there is no one to mention or publicize that. Also, society as such always sympathize with the weaker party (poor is favored over rich, illiterate is favored over educated, homeless is favored over those with homes) without knowing who is at fault.

- Satya

Victimised husbands find much needed respite

2005-08-23T11:00:00.000-07:00

http://www.expressindia.com/fullstory.php?newsid=53242&headline=Victimised~husbands~find~much~needed~respite

These types of stories are getting more and more common in India these days. They are getting into the news more often than they used to be. Why were these stories not prevalent earlier? Because, the insane laws of India were not so well understood and milked by the urban society. Now, as written in the article, husbands fear that a 'false harassment" case may be filed against them and their family in-laws, if husbands do not cater to the demands of their constantly nagging and demanding wives.

Now domestic violence bill has been passed by the parliament. This will further add to the miseries of battered husbands. The bills seeks only to protect the females and respondent has to be 'male'. This will only help police and corrupt law enforcers make more money by already harassed husband family.

Where does all this lead to? Does it not lead to a future of India where there is no trust between newly married couples; there is a constant vigilance on husband's part to protect him and his parents and brother from his wife's anger/wrath/whim if some petty demand of her is not met.

- Satya

Reason: Who Stole Feminism: How Women Have Betrayed Women. - book reviews

2005-08-15T18:59:00.000-07:00

Guys,

My new project is to read this book I ordered today: Who Stole Feminism. Seems like a very well written book by a woman on various problems with feminists.
Who Stole Feminism: How Women Have Betrayed Women. - book reviews

What I have seen is that in order to prove that women are also equally capable of doing anything, women start reasoning in a very adsurd ways. I am proud to accept that I am a man and I am not ashamed to accept that there are certain things I just cannot do, come what may. For instance, I cannot give birth to babies, I cannot feed them. I cannot have woman body parts which drive guys crazy. Also, I cannot misuse 498a and put my in-laws and wife behind bars at my whim. I do not understand why women cannot accept that there are somethings man can do (or can do better) which they cannot.

- Satya

Daughter-in-law biased laws of India

2005-08-13T10:27:00.000-07:00

Do you know your wife (without any proof) can put you, your parents and siblings in jail (without bail) in no time using ipc-498a!

Educate yourself about ipc-498a, it is. Tanmay Yuhua done

non_bailable
non_compoundable - once filed, wife cannot take it back.
cognizable - does not need warrant to arrest.

and only wife can file it, husband cannot.

Every year around 25000 false cases are filed to harass husband and his family.

You options:

Do whatever your wife and her parents ask you to do,
Otherwise wife or her parents can file 498a and you will have to spend years proving that you are innocent.

- Satya

Request for play/drama sent to National School of Drama, Delhi

2005-08-10T23:51:00.000-07:00

Dear Madam/Sir,

I am writing this mail in anticipation that your school will help us represent and bring forth in public the rampant misuse of IPC-498a by assisting us in creating/directing a play/drama dealing with same.

I am writing this mail with reference to the article published on 6th June 2003 (http://www.dailyexcelsior.com/web1/03june06/national.htm#2) which reports a street play
directed by National School of Drama Alumni Rajeev Gaursingh on the social cause of how
there is a rapid increase of IPC-498a misuse. We would like NSD to help us in another effort of similar nature, with an aim to reach a wider audience.

In spite of recomendations of Malimath Committee on reforms on Indian Criminal law (mid 2003), recommendations of Justice JD Kapoor (Delhi High court) to change the IPC-498a and it's blatant misuse by wifes, July 21st 2005 Judgement of Supreme Court (PIL) to ask lawmakers to plug the loopholes in 498a and termed misuse of 498a as 'legal terrorism' everyone in the lawmaking body has turned a blind eye to this social problem.

A lot of innocent husband's and their parents and relatives are fighting false criminal cases.

I (along with other victims) am commmitted to fight against injustice. I am against dowry and atrocities agaist women. We need the help of your school/teachers/students. I am looking forward
to help from your school in one or more of the following.

This will help us get to our goal (changes in IPC-498a) faster and better.

1) We can discuss with the teachers or students of NSD, give them a real victim story and ask them to work on the dialogues and stage-setup etc.

2) We can raise money (for both the school and our fight against injustice by staging this play in Delhi (multiple locations) and then in other cities.

3) We may try to find actors for acting in the drama. Or may be the students can act in this play too.

Idea(s) for the script:

a) one way of going forward is to study one of the case that has been solved or is nearing completion and make a script out of it and present it to you and your teachers/students can write a play on it. This method will give full control of play to NSD

b) We can find people that will assist in areas of script writing and direction
but without NCD expertise in various areas of play (direction, recording, music, script,
effects, narration etc.) we will not be able to demonstrate the various ways this
impractical and draconian law is effecting the institution of marriage.

Please let me know if we can contact any of the teachers/students in this regard.

Waiting your response

With best regards,

Satya

Why would an Indian Man marry?

2005-08-10T15:25:00.000-07:00

Guys,

We need to work together and request immediate changes in IPC-498a, to stop it's rampant misuse. I am totally against dowry, but IPC-498a gives a free ticket to wife to harass husband's family at her whim and choice. I request change or remove IPC-498a to curb it's rampant misuse.
I am sure an average Indian man, if knows about the IPC-498a (which most of very educated males do not know), will have to think twice whether marriage will be good for him or his family in long run (even if it is a love marrage).

What if wife is mean and arrogant?
What if wife does not want to live with his joint family?
What if wife does not want to have more than one kid?
What if wife does not do household work (cook dinner, keep place clean, laundry etc.) which are considered normal daily job in Indian society?
What if she very short tempered and argues without a valid argument?
What if she cheats or steals from home?

Would husband be able to confront, knowing that he and his family can go to jail on one single oral report of his wife in the near-by police station?

What are husband's options other that to keep quite, bear the torture, because even if wife does a suicide drama, all the hell will break loose on husband's family?

- Satya

Man shoots self after tiff with wife

2005-08-09T18:59:00.000-07:00

Guys,

If this would have happened the other way round, where woman would have shot herself, the guy would have been in deepest shit which he would have never imagined.
If wife commits suicide for whatever reason, within 7 years of marriage date, it is automatic dowry harrassment charge in husband and his family.

- Satya

Man shoots self after tiff with wife

Senseless rant by Brinda Karat: Jan 10th, 2003

2005-08-09T18:41:00.000-07:00

Guys,

I really fail to understand what is this woman talking about. I hope these feminist do understand that where they should shut their mouth. I wonder if anything is sacrosanct for this woman. All she is trying to portray to the world is that woman in India (also in Hindu religion) are oppressed.
I wonder why people and lawmakers should listen to females like Brinda, who are misleading women who think Brinda is fighting for their cause. Read on...

The Hindu : Hindutva concept will harm women: Brinda Karat

The Hindu : Hindutva concept will harm women: Brinda Karat: "Hindutva concept will harm women: Brinda Karat "

Dilemma of Indian husband

2005-08-09T13:08:00.000-07:00

Consider the following scenario

What would you do, if

a) You wanted to marry by indian customs and rituals, and go for an arranged marriage, and start to know your wife after marriage.

b) You give her all the affection and love, buy her things she wants to have. Give her space and time.

c) She commands you, and would like you to obey her and fulfill her desires even if those wishes are against your principles (like wearing skimpy clothes in public, rude towards your friends etc.).

d) You try to explain her the traditions and rules you live by. Then one day, when you say, she has to change her ways and be polite, she goes to the police station and puts the charges of dowry harressment (under IPC-498a) on you and your parents (even when they do not live with you) and you spend few nights in the jail with your parents.

e) Do you think it is lawful.

I just wish other Indian husbands do not get to see this ugly color of life, which some of us have seen. When this happens the whole life of yours flash before your eyes and you begin to wonder and ponder:

i) Did I study all these years to get cheated by your own wife.

ii) Would she have done this kind of insulting and untruthful behaviour if Indian laws were not so foolishly bent towards wife.

iii) What did I do wrong, probably the only wrong was to marry a mean, arrogant and stupid girl who brought disaster in the family.

iv) Was all my preaching to all my friends about good old Indian customs and arranged marriage wrong?

v) What would I have done if I was a woman, would I have lowered myself to this point so as to put innocent people in jail, bacause of my ego/feminist attitude?

- Satya

The Telegraph - Calcutta : Nation

2005-08-09T12:00:00.000-07:00

In the following article, Supreme Court has urged the lawmakers to fix the loopholes in IPC-498a. SC has termed misuse of 498a as 'legal terrorism'. It has potential to cause irrepairable damage to the institution of marriage if not change soon. According to an estimate, there are around 30,000 false dowry cases failed each year, causing grief and harrassment of millions and wastage of millions of rupees from both sides.

The Telegraph - Calcutta : Nation: "Dowry law no licence to settle scores: SC"

India Together: Anti-dowry legislation destined to fail - Manushi, Issue 148

2005-08-09T11:55:00.000-07:00

Well known writer Madhu Kishwar points our the blatant loopholes in IPC 498a which lets mean and arrogant wife exploit this law.

India Together: Anti-dowry legislation destined to fail - Manushi, Issue 148

Misuse of IPC 498A and Dowry acts

2005-08-09T11:22:00.000-07:00

Misuse of IPC 498A and Dowry acts

How every informed citizen can help 498a victims

2005-08-08T13:59:00.000-07:00

Guys, There are so many ways everyone of you can help us fight against rampant misuse of 498a and killing of institution of marraige (and help yourself).
1) Spend time in spreading the word (Publicity by word of mouth).
2) Spend time in finding other victims, get them to join our mission, via internet, or via helpline. 3) Write and publish articles in various regional daily newpaper or magazines.
4) Send "letters to editors" of vaious news papers.
5) Donate money to PSS, Asha Kiran, Sangabalya.
6) Volunteer to organize seminar, help with logistics.
7) Help answer other victims by finding more information.
8) Help Create pressure groups within city, state and society.
9) Help write letter to local MLA, MP.
10) Get your voice heard by any means.

We need support active or passive (preferrably active support) from everyone of you

- Satya

What if I am tortured by my daughter-in-law" - Suicide note

2005-08-08T13:58:00.000-07:00

"What if I am tortured by my daughter-in-law" - Suicide note
April 28th, 2005 by Angsuman
"If a woman is tortured, the first thing police do is arrest her in-laws, even though they are elderly. What if I am tortured by mydaughter-in-law? All 498A(a section that deals with physical andmental torture of women) does is put people like us behind bars, itwill never put my daughter-in-law behind bars.Police should look into this discrepancy and if need be change thelaw, for I am ending my life unable to bear the torture meted out tome by my daughter-in-law…"
This suicide note was on Thursday from an Alipore (Kolkata, India)house where 64 year-old Ranjit Chakraborty hanged himself to deathfrom from his bathroom shower.
Chakraborty, a retired employee of a multi-national company, workedhard till the day he died.Police conducted a preliminary enquiry and slapped charges ofabetting suicide against Chakraborty's daughter-in-law Litu and hisonly son Partha. Both were arrested. The police action came not juston the basis of the suicide note, but also after an inquiry in thelocality.
Police suspect Partha and Litu had their eyes on their parent'sproperty and were hence ill-treating their parents.
Source: Kolkata edition of The Times of India (couldn't find itonline yet)
I felt thoroughly horrified after reading this article. How much lowcan a woman sink for money? Where is the trust , the respect for theelderly? Such people make me sick to my core.
And yes the law is unfairly tilted towards women in India. If anywife complains of torture by his husband or in-laws, immediatelypolice arrests them, without even preliminary investigation or legalrecourse. You are literally at the mercy of your daughter-in-law.And recently quite a few daughter-in-laws have decided to takeadvantage of the situation.

Request to other bloggers

2005-08-08T12:07:00.000-07:00

Hello guys,

This is my first blog post. I would like all of you to please research and write in your blog something about rampant misuse of IPC-498a in India. I would like you to include this as one of your posts also.

Thousands and thousands of Indian husbands including their family members (old parents, mothers and sisters) are being framed and becoming victims to false 498a cases filed against them by the arrogant, adament, clever and greedy wife (and wife's family).

I would suggest you to please search google by key word (IPC 498a, or misuse 498a) and follow the links.

Thanking you in anticipation,

Satya